Appendix_4_-_Special_Notices.pdf

APPENDIX 4 - SPECIAL NOTICES

P.I.D. NO. 002998A

High Point Community Park In Pinellas County, Florida

RECORD DRAWINGS

Record drawings as required shall be submitted for review prior the Substantial Completion of the Project. Final as-built survey shall be signed / sealed by licensed surveyor for permitting agencies.

Final as-built submittal package to County shall include survey files in PDF, CAD, and Shapefile formats.

NOTICES TO CONTRACTOR

DUKE ENERGY EASEMENT:

• The Contractor shall coordinate with Duke Energy for special requirements on proposed construction work in or around Duke Energy easement, as shown in attached exhibits.

• The Contractor shall meet all safety requirements as required by Duke Energy in Transmission easement.

• The Contractor shall notify Duke Energy two (2) working days prior to any work within the Duke

Energy easement.

• Duke Energy Transmission Requirements are detailed in attached exhibits D and E

CITY OF LARGO:

The Contractor shall coordinate with the City of Largo for the sanitary sewer and reclaimed water connections for any required permits, as per the City of Largo’s requirements.

PINELLAS COUNTY UTILITY DEPARTMENT:

The Contractor shall coordinate with the Pinellas County Utility Department for the potable watermain connection for any required permits, as per the Utility Department’s requirements.

BUILDING PERMITS:

The Contractor shall coordinate with the Facilities Design & Construction - Pinellas County Schools, at 11111 Belcher Road, Largo, FL 33773. Three (3) sets of the signed and sealed plans and applications must be submitted for the required permits for the site plan, restroom, and shelters.

PINELLAS COUNTY RIGHT OF WAY UTILIZATION PERMIT:

The Contractor shall coordinate with Pinellas County for the Right of Way Utilization Permit as per Pinellas County requirements.

ACCESS MAINTENANCE:

The Contractor shall coordinate and maintain access to the School Board and Pinellas County Sheriff’s Department during construction (as shown on the geometry plan).

PSTA / BUS STOP COORDINATION:

The Contractor shall schedule and coordinate with the Pinellas Suncoast Transit Authority (PSTA) for closing of the bus stop, and construction of or near the bust stop, as shown on the plans. Contractor shall minimize service interruption.

PLAYGROUND CONTRACTOR:

The Contractor shall coordinate with County’s Playground Contractor to allow for construction of proposed playground amenities during the construction of the site.

ADDITIONALLY NAMED INSURED:

The Contractor shall ensure that Pinellas County Board of County Commission (BCC), Pinellas County School Board (landowner), City of Largo (future maintenance entity) are listed as additional insured per the insurance requirements set forth in Section 6 - Insurance Requirements of the Invitation to Bid.

PINELLAS COUNTY SCHOOL BOARD SIGN:

The Contractor shall protect the large electric sign at the front entrance of the project site (west parking lot). The Contractor shall coordinate with the Pinellas County School Board and locate the electric supply line to the sign and protect the line during construction.

GEOTECHNICAL REPORTS:

There are two (2) Appendix 6 - Tierra Geotechnical Reports:

• Tierra Geotechnical Report - revised February 6, 2023

• Tierra Geotechnical Report Lights - August 9, 2023

The two (2) Geotechnical Reports are part of the bid package. The Contractor shall follow the recommendations listed within.

GRANT REQUIREMENTS

AMERICAN RESCUE PLAN ACT (ARPA):

Services may be funded by federal grant funds including ARPA. To comply with American Rescue Plan Act (ARPA) federal grant regulations, please reference Appendix 4 - Special Notices ARPA Exhibits A, B, & C. The Davis-Bacon Act language stated in Exhibit A included in this Notice is applicable.

CITY OF SAINT PETERSBURG TRANSMISSION MAIN CORRIDOR:

• The Contractor shall coordinate with City of St. Petersburg Water Resource

Department for special requirements on proposed construction work in or around 36” water supply transmission main, as specified in the plans. The existing 36” water transmission main shall not be disturbed.

• No vibratory roller or compactor is allowed to operate within the 36” water transmission main easement.

• The City of St. Petersburg shall be contacted two (2) working days prior to any work within the easement.

• See below for City of St. Petersburg's insurance requirements:

Provide a Certificate of Insurance per the below requirements. The Certificate of Insurance must list the City of St. Petersburg, Florida as an additional insured on the face of the insurance certificate. To make sure updated Certificates of Insurance are sent to the correct City department, please assure that the Certificate Holder (on the face of the Certificate of Insurance) is listed as:

City of St. Petersburg, Florida c/o City Engineering and Capital Improvements Department 1 – 4th Street North, 7th Floor Municipal Services Center St. Petersburg, Florida, 33701

City of St. Petersburg

Insurance Requirements

The City of St. Petersburg has the following minimum requirements for insurance coverage:

Contractor shall carry the following minimum types and amounts of insurance at its own expense:

a) Commercial general liability insurance in occurrence form in an amount of at least One Million Dollars ($1,000,000) with Two Million Dollars ($2,000,000) aggregate. This policy shall include coverage for personal injury or death and property damage or destruction and products and completed operations.

b) Automobile liability insurance of $1,000,000 combined single limit covering all owned and if applicable hired and non-owned vehicles.

c) Workers’ Compensation insurance as required by Florida law and Employers’

Liability insurance in an amount of at least $100,000 each accident, $100,000 per employee, and $500,000 for all disease.

All of the Contractors insurance policies, except Workers’ Compensation, shall name the Indemnified Parties as additional insured’s.

All policies shall provide that the City will be provided notice at least thirty (30) days prior to any cancellation, reduction or material change in coverage.

Contractor shall provide the City with Certificates of Insurance on a standard ACORD form listing contractor as named insured reflecting all required coverage. Contractor shall provide copies of current policies with all applicable endorsements prior to permit issuance. The City of St. Petersburg, Florida shall be listed as a certificate holder.

All insurance required shall be provided by responsible insurers licensed in the State of Florida and rated at least A- by Best’s Insurance Guide or similar rating service.

DOC 354749

CONTRACT PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS

BID OR PROPOSAL NUMBER: 24-0281-ITB-C

BID OR PROPOSAL TITLE: High Point Community Park

This solicitation is either fully or partially funded with federal funds from the Coronavirus Local Fiscal Recovery Funds made available under the American Rescue Plan Act (ARPA). In addition to other terms and conditions required by Pinellas County and the applicable federal agency, all contracts awarded to the qualified bidder are subject to the following provisions, as applicable to the services provided.

Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

If this contract meets the definition of a “federally assisted construction contract”, during the performance of this contract, the Contractor agrees as follows:

(1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

Exhibit A

(4) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor.

Davis-Bacon Act as amended (40 U.S.C. 3141-3148): When required by federal program legislation, for all prime construction contracts awarded in excess of $2,000, Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. If the applicable grant award contains Davis-Bacon provisions, the County will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination [Appendix II to 2 CFR Part 200].

Copeland Anti Kick Back Act: If Davis-Bacon is applicable, CONTRACTOR shall also comply with all the requirements of 29 CFR Part 3 which are incorporated by reference to this contract. Contractors are prohibited from inducing by any means any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled [Appendix II to 2 CFR Part 200].

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708): Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.

3702 of the Act, each CONTRACTOR is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence [Appendix II to 2 CFR Part 200].

Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387): As amended—The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251–1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) [Appendix II to 2 CFR Part 200].

Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. If applicable, the CONTRACTOR must verify that none of their subcontractors (for contracts expected to equal or exceed $25,000), appear on the federal government’s Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov [Appendix II to 2 CFR Part 200].

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): CONTRACTORs that apply or bid for an award exceeding $100,000 must submit a completed “Disclosure of Lobbying Activities” [Form SF-LLL]. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. [Appendix II to 2 CFR Part 200]. The bidder shall complete Form SF-LLL and submit with bid. Bidders may be deemed nonresponsive for failure to submit this certification.

Conflict of Interest [2 CFR §200.112]: The CONTRACTOR must disclose in writing any potential conflict of interest to the Federal awarding agency or COUNTY in accordance with applicable Federal awarding agency policy.

Mandatory Disclosures [2 CFR §200.113]: The CONTRACTOR must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.339 - Remedies for noncompliance, including suspension or debarment.

Certifications and representations. [2 CFR § 200.209]

Unless prohibited by the U.S. Constitution, Federal statutes or regulations, CONTRACTOR may be required to submit certifications and representations required by this agreement, Federal statutes, or regulations on an annual basis. Submission may be required more frequently if the CONTRACTOR fails to meet a requirement of these provisions for contracts under federal awards.

Protected Personally Identifiable Information (Protected PII) [CFR §200.303(e)]:

The CONTRACTOR must take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or COUNTY designates as sensitive or the County considers sensitive consistent with other applicable federal, state, and local laws regarding privacy and obligations of confidentiality. Per 2 CFR § 200.82, Protected PII means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts. This does not include PII that is required by law to be disclosed.

Prohibition on utilization of time and material type contracts [2 CFR §200.318 (j) (1)]: The COUNTY will not award contracts based on a time and material basis if the contract contains federal funding.

Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms [2 CFR § 200.321]: If using subcontractors, the CONTRACTOR must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

(6) Affirmative Action Requirements per 41 CFR 60-4.1 Goals for Women and Minorities in Construction (for contracts in excess of $10,000): Goals and timetables for minority and female utilization may be set which shall be based on appropriate workforce, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographical areas. The goals, which shall be applicable to each construction trade in a covered Contractor's or subcontractor's entire workforce which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.

Information regarding certified M/WBE firms can be obtained from:

• Florida Department of Management Services (Office of Supplier Diversity);

• Florida Department of Transportation;

• Minority Business Development Center in most large cities; and

• Local Government M/DBE programs in many large counties and cities.

Domestic preferences for procurements. [2 CFR § 200.322]

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Procurement of Recovered Materials [2 CFR §200.323]: CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;

procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Prohibition on utilization of cost plus a percentage of cost contracts [2 CFR §200.324 (d)]: The COUNTY will not award contracts containing federal funding on a cost plus percentage of cost basis.

Retention of Records [2 CFR 200.334]: Financial records, supporting documents, statistical records, and all other records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or invoice.

Record retention may be required to be longer if any of the provisions of 2 CFR 200.334(a)-(f) apply.

Access to Records [2 CFR 200 § 200.337]: The County, Pass-through agency or Federal awarding agency have the right of timely and unrestricted access to any documents, papers or other records, including electronic records, of the CONTRACTOR which are pertinent to the Federal award in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents.

This right also includes timely and reasonable access to the CONTRACTOR’S personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are required to be retained.

Remedies for noncompliance. [2 CFR § 200.339]

If CONTRACTOR fails to comply with the U.S. Constitution, Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or COUNTY may impose additional conditions, as described in 2 CFR § 200.208. If the Federal awarding agency or COUNTY determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or COUNTY may take one or more of the following actions, as appropriate in the circumstances:

(a) Temporarily withhold cash payments pending correction of the deficiency by the CONTRACTOR or more severe enforcement action by the Federal awarding agency or

COUNTY.

(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.

(c) Wholly or partly suspend or terminate the Agreement.

(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of the COUNTY, recommend such a proceeding be initiated by a Federal awarding agency).

(e) Take other remedies that may be legally available.

DISCLOSURE OF LOBBYING ACTIVITIES

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

Expiration Date: 02/28/2025

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:

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobbying Registrant:

Prefix * First Name Middle Name

* Last Name Suffix

* Street 1 Street 2

* City State Zip

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

Prefix * First Name Middle Name

* Last Name Suffix

* Street 1 Street 2

* City State Zip

11. 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:

*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)

Review Public Burden Disclosure Statement

ARPA EXHIBIT B

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3.

4.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance

(CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8.

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connectionwith a coveredFederalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal action.

Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;

Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

According to the PaperworkReduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

1/26/24, 11:00 AM SAM.gov https://sam.gov/wage-determination/FL20240139/0 1/6

"General Decision Number: FL20240139 01/05/2024

Superseded General Decision Number: FL20230139

State: Florida

Construction Type: Heavy

Counties: Pasco and Pinellas Counties in Florida.

HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024

ELEC0915-003 12/04/2023

ARPA Exhibit "C" https://sam.gov/wage-determination/FL20240139/0 2/6

Rates Fringes

ELECTRICIAN......................$ 33.59 42.5%+$0.35

ENGI0487-034 06/01/2023

Rates Fringes

POWER EQUIPMENT OPERATOR

Group 1 150 ton lattice, 250 ton hydro, friction, tower and luffing cranes, 300+ ft boom....................$ 39.01 16.85 Group 2 Lattice under 150 ton, 100 ton up to 250 ton hydro cranes...............$ 38.01 16.85 Group 3 Cranes not described above, Drill Rig, Horizontal Directional Drill Operator, Horizontal Direction Drill Locator..............$ 37.01 16.85

Journeyman Oiler shall be paid: 90% of Group 3's rate.

IRON0397-006 07/01/2023

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 34.00 17.07

LABO0517-002 05/01/2023

Rates Fringes

LABORER: Grade Checker..........$ 22.61 11.59

PAIN0088-008 06/01/2021

Rates Fringes

PAINTER: Brush, Roller and Spray............................$ 20.21 12.38

SUFL2009-178 06/24/2009

Rates Fringes

CARPENTER........................$ 14.95 ** 2.92

CEMENT MASON/CONCRETE FINISHER...$ 14.77 ** 3.50

LABORER: Common or General......$ 9.26 ** 0.00

LABORER: Landscape..............$ 7.25 ** 0.00

LABORER: Pipelayer..............$ 11.33 ** 0.00

LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws https://sam.gov/wage-determination/FL20240139/0 3/6

Only)............................$ 10.63 ** 2.20

OPERATOR: Asphalt Paver.........$ 11.59 ** 0.00

OPERATOR: Backhoe Loader Combo............................$ 16.10 ** 2.44

OPERATOR: Backhoe/Excavator.....$ 15.60 ** 0.00

OPERATOR: Bulldozer.............$ 17.00 ** 0.00

OPERATOR: Grader/Blade..........$ 16.00 ** 2.84

OPERATOR: Loader................$ 14.75 ** 0.00

OPERATOR: Mechanic..............$ 14.32 ** 0.00

OPERATOR: Roller................$ 10.76 ** 0.00

OPERATOR: Scraper...............$ 11.00 ** 1.74

OPERATOR: Trackhoe..............$ 20.92 5.50

OPERATOR: Tractor...............$ 10.54 ** 0.00

TRUCK DRIVER, Includes Dump Truck............................$ 11.00 ** 0.00

TRUCK DRIVER: Lowboy Truck......$ 12.73 ** 0.00

TRUCK DRIVER: Off the Road Truck............................$ 12.21 ** 1.97

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://sam.gov/wage-determination/FL20240139/0 4/6 https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the https://sam.gov/wage-determination/FL20240139/0 5/6 classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor https://sam.gov/wage-determination/FL20240139/0 6/6

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

Rev. 5-12-20

Duke Energy reviews Site Plans for proposed improvements within its transmission power line easements for your benefit.

To help avoid creating encroachments or interferences, please provide engineering plans to obtain prior written approval from Duke Energy “Transmission Asset Protection” before commencing any construction in the transmission easements.

Approvals from Duke Energy Distribution and/or other Duke Energy organizations shall not be accepted for transmission easements. This will help to avoid the subsequent need to have obstructions removed by the landowner.

Note 1: Duke Energy will review conceptual drawings and preliminary site plans and provide feedback, however in order to receive a formal, written Letter of No Objection from Duke Energy, your drawings must be stamped and signed by a Licensed Professional Engineer, Landscape Architect or Surveyor:

Note 2: Plan Reviews typically take 4 weeks, therefore early plan submittal to Duke Energy is important.

Note 3: All underground facilities, such as, but not limited to, utility pipes or cables, and ground facilities such as, but not limited to, streets, parking lots and sidewalks, must be capable of a heavy equipment load bearing weight of 80,000 lbs. Duke Energy will not be responsible for damages to these approved installed facilities.

Note 4: It is important to specifically note underground metallic crossings or parallel sections of facilities, as there could be associated AC Mitigation study requirements associated with these types of encroachment proposals.

We review the following PLAN SHEETS insofar as our easements are concerned

OVERALL SITE PLAN (including street / road crossings) [PDF FORMAT]

GRADING PLAN (proposed grade elevations and existing elevations shown) [PDF FORMAT]

UTILITY PLAN [PDF FORMAT]

STORM WATER DRAINAGE PLAN [PDF FORMAT]

IRRIGATION PLAN [PDF FORMAT]

LIGHTING PLAN [PDF FORMAT]

Plans should include the following:

Locations of all Duke Energy structures (poles, towers, guy wires, guy anchors, etc.)

Borders of Duke Energy easement area

Outermost conductors (wires) of the transmission power line

Crossing angles of encroachments (i.e. streets, water lines, sewer lines, natural gas lines, storm water pipes, etc.)

Illustrated 25’ radial buffers around each transmission structure

Clearly dimensioned distances from all proposed encroachments to the DE transmission structures

Additional Requirements:

Grading Plan – label proposed and existing elevations clearly

Irrigation Plan – clearly label and illustrate location of low-pressure drip systems

Lighting Plan – clearly label proposed light height and perpendicular distance to outermost conductor (wire)

Proposed Vegetation Plantings:

Notwithstanding our review of your development plans, we are not providing a comment on present or future vegetation plantings. However, please be apprised that to ensure safe and reliable service and to maintain the ability to safely access its easement, Duke Energy relies on clear easement areas to provide open spaces for the staging of large equipment.

Therefore, Duke Energy has and continues to manage vegetation within or outside of the easement and retains the rights afforded to it in its underlying easement documents, including to remove vegetation that has the potential to or does cause an interference with its easement rights.

Submit Request to: shane.fitzgerald@duke-energy.com Shane Fitzgerald (352) 741-4046 Transmission Asset Protection

EXHIBIT D

Keywords: form; transmission asset protection GDLF-STD-TRM-00004 Applies to: Transmission - All Regions Rev. 000 05/2020

AUTHORIZED COPY

© 2020 Duke Energy

USE GUIDELINES FOR ENCROACHMENTS INVOLVING TRANSMISSION EASEMENTS

Duke Energy has a property interest called an easement (or sometimes a right-of-way) in land that you own or are considering purchasing. This easement grants Duke Energy the right to use the easement area for purposes described in the easement document that is filed and recorded in the county’s recorder office. This property interest stays with the land when it is bought and sold and generally is perpetual in duration. A series of easements often form a corridor in which the transmission facilities are located and access up and down the corridor is part of the reason Duke Energy obtains these rights.

Broadly stated, easements allow Duke Energy to use another person’s property to construct, operate, maintain, repair, and replace electrical facilities for the transmission of high voltage power. The landowner may continue to use the easement area so long as the use is not inconsistent with the easement document or Duke Energy’s use of the easement. Any incompatible use by the landowner is called an encroachment. Where an encroachment is under construction, Duke Energy will request that it be stopped and removed; where an encroachment is already installed, Duke Energy will request that it be removed. Where a landowner fails to cooperate, Duke Energy will seek legal recourse to remove the encroachment.

Electricity is a public service and subject to state and federal regulations with which Duke Energy must comply. Any use by the landowner that does or could create regulatory issues is an encroachment. Power lines in the transmission easement are uninsulated and electricity is a dangerous instrumentality. Any landowner use that increases the danger to the landowner, the public or Duke Energy in its use of the easement is also an encroachment.

Over years of designing, constructing, operating, repairing, upgrading and maintaining electric facilities in transmission easements, Duke Energy has developed an understanding of the types of uses by landowners that do, or potentially can, interfere with the easement’s purposes and Duke Energy’s ability to provide safe and reliable service. This guidance, which supersedes all prior versions, provides a brief overview of types of things that do, or can, interfere with Duke Energy’s easement rights and thereby create encroachments.

This overview cannot address all possible situations and is intended to provide general guidance. Please contact the Asset Protection Specialist if you have additional questions or concerns about the use of the easements. Please discuss any proposed activity in the transmission easements with Duke Energy to avoid creating an encroachment or interference. The Asset Protection Specialist can assist and help avoid a subsequent need by the landowner to revise plans or remove obstructions from the easements. Engineering plans may be required by Duke Energy to fully understand any proposed use by the landowner.

By providing these guidelines, Duke Energy does not waive any rights it has in its easements or under the law. Duke Energy’s concurrence that a proposed use does not constitute an interference with its easement rights does not mean that requirements of local, county, state or federal governments…