25-0138_Appendix_4_Special_Notices_8-28-2025.pdf

APPENDIX 4 - SPECIAL NOTICES

Contract No. 25-0138

Federal Site Infrastructure Repair Work Order Contract

In Pinellas County, Florida

AWARD:

Section 5.11 (A) of the ITB is amended to add the following:

The quantities shown on the “Bid Submittal Sheets” (Schedule of Values) are approximate and only represent estimated planned requirements based on historical and anticipated needs. Pinellas County does not guarantee any maximum or minimum quantity, any range of quantities or the exact quantities shown for each item bid. The total bid amount will then be used to determine low bidder; however, actual payments under the awarded contract will be based on actual quantities completed.

ASSIGNMENT OF WORK:

All work shall be executed by the contractor on an assignment-by-assignment basis, in the form of a Work Order authorized by the Engineer. Pinellas County does not guarantee Work Orders will be concurrent and/or consecutive. The Contractor shall perform no work under this Contract without the Engineer’s written authorization to proceed for each Work Order in the form of Attachment No. 1, included with this Special Notice. The Contractor hereby agrees to waive any claim for compensation for any work performed without authorization.

Each individual location contained in a Work Order is to be considered an “individual project” such that all work, including demobilization and cleanup, must be fully completed in a reasonable time frame, as determined by the Engineer. The project limits shown on the location maps and/or plans contained in each Work Order are approximate; Contractor shall verify exact limits with the Engineer prior to beginning construction.

All work shall be performed in an expeditious and professional manner. The Contractor shall have sufficient crews and equipment to perform all work, including restoration, at the time the Work Order is assigned. The inability of the Contractor to meet contractual obligations, or to perform assigned work in a satisfactory manner, shall be grounds for termination of the Contract, and/or reassignment of the work for construction by others. The Engineer reserves the right to add or delete sites and project locations from the Work Orders. There are no guaranteed Work Order locations in the “Bid Submittal Sheets” (Schedule of Values) included in Section 9 of the contract document.

The Contractor shall only be compensated for that work satisfactorily completed. There will be no compensation to the Contractor for cancellation of the Contract or for any assigned work that is not constructed to the satisfaction of the Engineer.

Prior to assignment of any Work Order, the Contractor shall prepare a detailed work plan for each project, which shall include a work schedule.

NOTIFICATION:

The Contractor shall inform the Engineer, on a daily basis, of the work areas being performed. The Contractor shall provide a fax or email, no later than 8:00 AM, of a worksheet outlining the limits of the road segment to be worked that day so that the Engineer may visit same for inspection and tentative approval of work quality being accomplished. When the Contractor has completed a road segment the Engineer shall be notified by fax or email. Upon such notification a final inspection of the work shall be made within 48 hours (holidays and weekends excluded) and the Contractor notified as to acceptance or rejection of work. In the event of unsatisfactory work, the Contractor shall be provided a “punch list” indicating the corrective measures necessary for approval of the work performed. The Contractor shall perform appropriate correction within thirty (30) working days. When the corrections have been made, the Contractor shall notify the Engineer and a re-inspection will be made by the following business day (exception – holidays and weekends).

SECTION 5 of the ITB, Subsection 5.40- Submittals After Award, Paragraph A – Schedule: The term Preconstruction Conference shall mean review meeting prior to commencing each individual Work Order.

INSURANCE AND INDEMNIFICATION:

The contractor is advised if work is performed on local municipal roads or state roads in addition to unincorporated local roads, the contractor shall indemnify and name as additional insured Pinellas County, as well as the FDOT and/or the appropriate municipality.

Insurance requirements are shown in Section 6 of the ITB.

EXISTING PROPERTY MARKERS:

All property corners and section corners shall be protected through the contract period by the contractor, if a property corner is damaged, they will be restored by a Florida registered Professional Land Surveyor at no additional cost to the County.

RECORD DRAWINGS:

The Contractor shall supply Contract Documents, including but not limited to, a set of record drawings and signed and sealed contract Plans that are maintained by the Contractor for the express use of recording as-built information. Record drawings shall be submitted to the County upon Final Acceptance of the Project.

GRANT REQUIREMENTS

This solicitation is either fully or partially grant-funded. In addition to other terms and conditions required by Pinellas County and the applicable federal agency, all contracts awarded to the qualified Contractor are subject to all applicable requirements of 2 CFR 200, commonly known as Uniform Guidance, and are subject to all Executive Orders and legislative changes, both existing and as may be issued hereafter through bid submittal due date and related to the services provided under the contract.

The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

In accordance with Federal civil rights law and federal agency civil rights regulations and policies, federal agencies, offices, and employees, and institutions participating in or administering federal programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by a federal agency (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency.

To file a program discrimination complaint, complete a federal agency Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint at the federal agency.

Contract Name: Contract No.:

County Project ID No.: Contractor:

Date:

Funding Account:

Pay Item No. Quantity Unit Unit Cost

Yes: No:

Scope of Work including Project Limits:

*Breakdown of Unspecified Work (If Applicable):

Total Cost Not-to-Exceed

Subtotal of Work Order:

Date of Completion for all Work issued under this Work Order:

Authorized Contractor Representative:

Date of Commencement of Work Order:

Pay Item Description

The County and the Contractor agree that the Duration of Work Order and Not-to-Exceed Total Cost of Work Order as presented in this document constitutes a full and complete understanding of all Work to be completed, including all direct and indirect costs for equipment, manpower, materials, overhead, profit, goods and services, and that Work shall commence and be completed as specified within and in accordance with the Contract Documents.

Liquidated Damages applicable to this Work Order

Amount of Liquidated Damages per day and per the terms of the Contract:

Pinellas County Signature (Project Manager):

Name (Printed):

Title: Pinellas County Project Manager Date:

*Unspecified Work (If Applicable):

Not-to-Exceed Total Cost of Work Order:

Duration of Work Order (consecutive Calendar Days):

The Pay Items below correspond to the Contract Bid Submittal Sheets.

Pinellas County Signature (Construction Division):

Name (Printed):

Title: Pinellas County Construction Division Date:

ATTACHMENT No. 1 - WORK ORDER FORM Work Order No.

Authorized Contractor Signature:

Name (Printed):

Title:

Date:

10. a. Name and Address of Lobbying Registrant:

9. Award Amount, if known:

* Street 1

* City State Zip

Street 2

* Last Name

Prefix * First Name Middle Name

Suffix

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number: 4040-0013

Expiration Date: 06/30/2028

1. * Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. * Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

3. * Report Type:

a. initial filing

b. material change

4. Name and Address of Reporting Entity:

Prime SubAwardee

* Name

* Street 1 Street 2

* City State Zip

Congressional District, if known:

5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime:

6. * Federal Department/Agency: 7. * Federal Program Name/Description:

Assistance Listing Number, if applicable:

8. Federal Action Number, if known:

b. Individual Performing Services (including address if different from No. 10a)

Prefix * First Name Middle Name

* Street 1

* City State Zip

Street 2

11.

* Last Name Suffix

Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

* Signature:

Completed on submission to Grants.gov

Completed on submission to Grants.gov

*Name: Prefix * First Name Middle Name

* Last Name Suffix

Title: Telephone No.: Date:

Federal Use Only: Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97)

ATTACHMENT 2

Regulation/Statute Title

2 CFR Part 421 Requirements for Drug-Free Workplace (Financial Assistance)

2 CFR Part 422 Research Institutions Conducting USDA Funded Extramural Research;

Research Misconduct

7 CFR Part 1, Subpart A Official Records

7 CFR Part 1b National Environmental Policy Act

7 CFR Part 3 Debt Management

7 CFR Part 15, Subpart A Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture – Effectuation of Title VI of the Civil Rights Act of 1964

8 U.S.C. 1324a. Unlawful employment of aliens

29 U.S.C. 794 Nondiscrimination under Federal grants and programs

41 U.S.C. 6306 Interest of Member of Congress

41 U.S.C. 4712 Pilot program for enhancement of contractor protection from reprisal for disclosure of certain information

Executive Order (EO) 13513 “Federal Leadership on Reducing Text Messaging While Driving”

Executive Order (EO) 13788 “Buy American and Hire American”

Frequently Asked Questions (FAQs) for the OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200

Located at: https://cfo.gov//wp-content/uploads/2017/08/July2017- UniformGuidanceFrequentlyAskedQuestions.pdf https://cfo.gov/wp-content/uploads/2017/08/July2017-UniformGuidanceFrequentlyAskedQuestions.pdf https://cfo.gov/wp-content/uploads/2017/08/July2017-UniformGuidanceFrequentlyAskedQuestions.pdf

Regulation/Statute Title Appropriations Act provisions USDA awards must be in compliance with:

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act current provisions or any successor provisions of law.

Government-wide provisions:

Per the Consolidated Appropriations Act, 2018, Public Law 115-141, and prior appropriations acts, USDA agencies and staff offices must comply with provisions contained Division E, Title VII, General Provisions Government-wide, Sections 743, 744, 745, 746 respectively or any successor provisions of law.

Sections 743 and 744 (making funds not available for entities that require employees to sign confidentiality agreements or statements prohibiting or restricting them from reporting waste, fraud or abuse) capturing the data can be achieved though solicitations and award terms and conditions.

Sections 745 and 746 (restrictions on financial transactions with corporations with tax delinquencies or felony convictions) data can be captured through the use of USDA OMB approved forms: Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants, AD-3030, and Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, AD-3031. Note: Adherence to the appropriations restrictions outlined in Forms AD-3030/3031 remain effect unless Congress decides to change and/or remove them in subsequent appropriations years.

National Policy Requirements: A listing of National Policy Requirements recipients must adhere to, where applicable, is located at:

https://www.nsf.gov/bfa/dias/policy/fedrtc/appendix_c.pdf

5/24/2018 12:59 PM

http://www.ocio.usda.gov/sites/default/files/docs/2012/AD-3030%20REPRESENTATIONS%20REGARDING%20FELONY%20CONVICTION.pdf http://www.ocio.usda.gov/sites/default/files/docs/2012/AD-3031%20ASSURANCE%20REGARDING%20FELONY%20CONVICTION.pdf https://www.nsf.gov/bfa/dias/policy/fedrtc/appendix_c.pdf

Revised 04-23-2025

U.S. DEPARTMENT OF TRANSPORTATION

EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE

FISCAL YEAR 2025 BUILD PROGRAM

April 23, 2025

ATTACHMENT 3

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EXHIBIT A

APPLICABLE FEDERAL LAWS AND REGULATIONS

By entering into this agreement for a FY 2025 BUILD Grant, the Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Recipient and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:

General Federal Legislation

a. Davis-Bacon Act – 40 U.S.C. 3141, et seq., as applicable under 23 U.S.C. 113

b. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq.

c. Hatch Act – 5 U.S.C. 1501, et seq.

d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42

U.S.C. 4601, et seq.

e. Section 106 of the National Historic Preservation Act of 1966 – 54 U.S.C. 306108

f. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq.

g. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq.

h. Clean Air Act, Pub. L. No. 90-148, as amended – 42 U.S.C. 7401, et seq.

i. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344

j. Section 7 of the Endangered Species Act, Pub. L. No. 93-205, as amended – 16 U.S.C.

k. Coastal Zone Management Act, Pub. L. No. 92-583, as amended – 16 U.S.C. 1451, et seq.

l. Section 102 of the Flood Disaster Protection Act of 1973 – 42 U.S.C. 4012a

m. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq.

n. American Indian Religious Freedom Act, Pub. L. No. 95-341, as amended

o. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq.

p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and

Rehabilitation Act of 1970, Pub. L. No. 91-616, as amended – 42 U.S.C. 4541, et seq.

q. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C.

290dd through 290dd-2

r. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq.

s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq.

t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145

u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq.

v. Wild and Scenic Rivers Act, Pub. L. No. 90-542, as amended – 16 U.S.C. 1271, et seq.

w. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.

x. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq.

y. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through

1683 and 1685 through 1687

z. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794

aa. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq.

bb. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and

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Financial Transactions – 31 U.S.C. 1352

cc. Freedom of Information Act – 5 U.S.C. 552, as amended

dd. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855

ee. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq.

ff. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq.

gg. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C.

401 and 525

hh. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 and 23

U.S.C. 138

ii. Comprehensive Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended – 42 U.S.C. 9601, et seq.

jj. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26

kk. Wilderness Act – 16 U.S.C. 1131-1136

ll. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq.

mm. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.

nn. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub.

L. No. 109–282, as amended by section 6202 of Pub. L. No. 110–252)

oo. Cargo Preference Act of 1954 – 46 U.S.C. 55305

pp. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year

2019, Pub. L. No. 115-232

qq. Build America, Buy America Act, Pub. L. No. 117-58, div. G §§ 70901–70927

rr. Bringing in and harboring certain aliens – 8 U.S.C. 1324

ss. Aiding or assisting certain aliens to enter – 8 U.S.C. 1327

Executive Orders

a. Executive Order 11990 – Protection of Wetlands

b. Executive Order 12372 – Intergovernmental Review of Federal Programs

c. Executive Order 12549 – Debarment and Suspension

d. Executive Order 14005 – Ensuring the Future is Made in All of America by All of

America’s Workers

e. Executive Order 14025 – Worker Organizing and Empowerment

f. Executive Order 14149, Restoring Freedom of Speech and Ending Federal Censorship

g. Executive Order 14154, Unleashing American Energy

h. Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and

Preferencing

i. Executive Order 14168 Defending Women from Gender Ideology Extremism and

Restoring Biological Truth to the Federal Government

j. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based

Opportunity

General Federal Regulations

a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards – 2 CFR Parts 200, 1201

b. Non-procurement Suspension and Debarment – 2 CFR Parts 180, 1200

c. Procedures for predetermination of wage rates – 29 CFR Part 1

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d. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 CFR Part 3

e. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 CFR Part 5

f. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 CFR Parts 60, et seq.

g. New Restrictions on Lobbying – 49 CFR Part 20

h. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –

Effectuation of Title VI of the Civil Rights Act of 1964 – 49 CFR Part 21, including any amendments thereto

i. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 CFR Part 24

j. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 CFR Part 25

k. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 CFR Part 27

l. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 CFR Part

m. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 CFR Part 28

n. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 CFR Part 30

o. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 CFR Part 32

p. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 CFR Parts 37 and 38

q. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 CFR Part 26 (as applicable under section 15.3 of this agreement), including any amendments thereto

Highway Federal Legislation

a. Highways – Title 23, U.S.C.

b. Brooks Act (for FHWA projects, this incorporates Title IX of the Federal Property and

Administrative Services Act of 1949 – 40 U.S.C. 1101-1104; 23 U.S.C. 112(b)(2)

c. Letting of Contracts, 23 U.S.C. 112

d. Highway Design and Construction Standards, 23 U.S.C. 109

e. Prevailing Rate of Wage, 23 U.S.C. 113

f. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49)

g. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166.

h. Size, Weight, and Length Limitations – 23 U.S.C. 127, 49 U.S.C. 31101 et seq.

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i. Buy America – 23 U.S.C. 313 (see http://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm)

j. Nondiscrimination – 23 U.S.C. 140

k. Efficient Environmental Reviews - 23 U.S.C. 139

Federal Highway Regulations

a. Highways – Title 23, CFR

b. Planning – 23 CFR Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49)

c. National Highway System Design Standards – 23 CFR Part 625

d. Preconstruction Procedures – 23 CFR Part 630 Subparts A and B

e. Construction and Maintenance – 23 CFR Part 635

f. Manual on Uniform Traffic Control Devices – 23 CFR Part 655

g. Environmental Impact and Related Procedures – 23 CFR Part 771

h. Procedures for Abatement of Highway Traffic and Construction Noise – 23 CFR Part 772

i. Procedures Implementing Section 4(f) of the Department of Transportation Act – 23 CFR

Part 774

j. Permitting Requirements under the National Pollutant Discharge Elimination System –

40 CFR Part 122

k. Required Contract Provisions – 23 CFR Part 633 (Form 1273)

l. External Programs – 23 CFR Part 230

Specific assurances required to be included in the FY 2025 BUILD Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this agreement.

http://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm

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EXHIBIT B

ADDITIONAL STANDARD TERMS

[ The remainder of this page intentionally left blank. ]

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TERM B.1

TITLE VI ASSURANCE

(Implementing Title VI of the Civil Rights Act of 1964, as amended)

ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY-ASSISTED

PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL

FINANCIAL ASSISTANCE

(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended)

49 CFR Parts 21, 25, 27, 37 and 38

The United States Department of Transportation (USDOT)

Standard Title VI/Non-Discrimination Assurances

DOT Order No. 1050.2A

By signing and submitting the Technical Application and by entering into this agreement under the FY 2025 BUILD Program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it is subject to and will comply with the following:

Statutory/Regulatory Authorities

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

• 49 CFR Part 21, including any amendments thereto (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);

• 28 CFR section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

General Assurances

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

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“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including the FHWA.

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

Specific Assurances

More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FY 2025 BUILD Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23

(b) and 21.23 (e) of 49 CFR Part 21, including any amendments thereto, will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2025 BUILD Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source:

“The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

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5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:

a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and

b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:

a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or

b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub-recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely, B-5 complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FY 2025 BUILD Program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the FY 2025 BUILD Program.

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APPENDIX A

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21, including any amendments thereto.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the

Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant

B-7 thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

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APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY

The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4:

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov.

15, 2021), , 49 U.S.C. § 6702, the Regulations for the Administration of the FY 2025 BUILD Program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, including any amendments thereto, pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

(HABENDUM CLAUSE)

TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.

The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that

(1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, including any amendments thereto, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*

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(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

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APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

UNDER THE ACTIVITY, FACILITY, OR PROGRAM

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):

A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*

C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.* necessary to make clear the purpose of Title VI.)

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APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED

UNDER THE ACTIVITY, FACILITY OR PROGRAM

The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific Assurance 7(b):

A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.* necessary to make clear the purpose of Title VI.)

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APPENDIX E

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21, including any amendments thereto;

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR Parts 37 and 38;

• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).

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TERM B.2

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS

2 CFR Parts 180 and 1200

These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

By signing and submitting the Technical Application and by entering into this agreement under the FY 2025 BUILD Program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2025 BUILD Grant, as set out below.

1. Instructions for Certification – First Tier Participants:

a. The prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,”

“participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to

B-14 the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A participant in a covered transaction may rely…