HomeMy WebLinkAboutNatural Resources Conservation Service USDA
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STATE: Florida
PROJECT: 5044
AGREEMENT NO,: 69-4209-5-] 650
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
LOCALL Y LED CONTRAeTING
THIS AGREEMENT is hereby entered into by and between the City of Winter Springs
hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States
Department of Agriculture, hereinafter called NRCS.
WITNESSETH THAT: 4 I> ~...~ ". . - ~ . . ...-..
WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency
Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law
95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural
disasters that cause a sudden impairment of a watershed, and
WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection
measures to relieve hazards and damages created by Hurricane Jeanne.
NOW, THEREFORE, in consideration of the premises and of the several promises to be
faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as
follows:
A. rt is agreed that the following-described work is to be constructed at an estimated cost not
to exceed $559,000,00,
Location Description DSR No,
Winter Springs Creeks Debris removal from waterways S-O 111
and Tributaries
Howell & -Bear Creek Debris removal from waterway and erosion control S-012J
Pipe Outfall on banks
N. Tuscawilla Rd. Debris removal from waterway and erosion control S-013J
Outfall Ditch on banks
Costa Rica Bridge Debris removal from waterway and erosion control to S-014J
protect road and bridge
Casa Grande Outfall Debris removal from waterway and erosion control S-O] 5J
on banks and bridge abutment
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B. THE SPONSOR \VILL:
1. Provide for the accomplishment of the works of improvement described in Section A
and provide for their completion within 180 days from the time that this agreement is
executed and a notice to proceed is received. The Sponsor will provide NRCS a copy
of any solicitation (Invitation for Bids, Request for Quotations, etc,), bid abstract,
awarded contract, or other basis of cost and accomplishment.
2, Provide cash contribution for any portion of the required 25% of the actual cost of
constructing the emergency watershed protection measures described in Section A not
provided by in-kind contribution described in B.3,
3, Provide in-kind contribution (design the project, develop specifications and drawings,
let and administer contracts, provide construction materials, labor, equipment, and
inspect work performed), The Sponsor shall obtain concurrence from NReS for all in-
kind construction services performed for the works of improvement. The maximum
value of in-kind contribution will not exceed 25 percent of the actual cost of
constructing the emergency watershed protection measures described in Section A.
..... ..~. . ,. ... . ....~... - . Actual cost of construction will consist of contracts awarded to con'tiE1Ctors phis eligible
Sponsor in-kind contributions of labor, materials and equipment. The Sponsor will
provide records to support costs incurred by the Sponsor equal to the amount of the in-
kind contribution reimbursed,
4. Accept all financial and other responsibility for excess costs resulting from their failure
to obtain or their delay in obtaining adequate land and water rights, permits, and
licenses needed for the work described in Section A.
5, Provide certification (signed SCS-ADS-78) that real property rights have been obtained
for works of improvement described in Section A supported by an attorney's opinion
attached thereto, Certification shall be provided to NRCS prior to solicitation for
installation of the works of improvement.
6. Take reasonable and necessary actions, including legal action, if required, to dispose of
any and all contractual and administrative issues arising out of the contract(s) awarded
under this agreement to include but not be limited to, disputes, claims, protests of
award, source evaluation, and litigation that may result from the project, and bringing
suit to collect from the contractor any moneys due in connection with the contract, Any
monies collected will be distributed to the parties in the same ratio as contributions are
made,
7. Comply with the requirements of the provisions included in Attachment A to this
agreement. If applicable, complete. the attached "Clean Air and Water Certification"
included in Attachment A.
8, Hold a pre-design conference with the Sponsor, Sponsor's design engineer, and NRCS,
The design conference shall set forth design parameters concurred by both the Sponsor
and NRCS,
9, Prepare a design, construction specifications, and drawings in accordance with standard
engineering principles, design parameters set forth in the pre-design conference, and
consideration ofNRCS review comments, One set of the final plans, specifications and
Quality Assurance Plan shall be submitted to NRCS for review and concurrence prior to
commencement of work, The final construction plans shall be signed and sealed by a
Professional Engineer registered in the State of Florida prior to submittal to NRCS.
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10. Prior to commencement ofvlork, prepare a Quality Assurance Plan (QAP). The QAP
shall outline technical and administrative expeliise required, identify individuals with
the expertise, describe items to be inspected, list equipment needed for inspection,
outline the frequency and timing of inspection (continuous or periodic), outline
inspection procedures, and record keeping requirements. The QAP shall be submitted
to NRCS for review and concurrence with the final draft plans and specifications,
11. Provide inspection in accordance with the QAP,
12, Provide copies of site maps to appropriate Federal and State agencies for environmental
review, Sponsor will notify NRCS of environmental clearance, modification of
construction plans, or any unresolved concerns as well as copies of all permits, licenses,
and other documents required by Federal, State, and local statutes and ordinances prior
to solicitation for installation of the works of improvement.
13, Ensure that any special requirements for compliance with environmental and/or cultural
resource laws are incorporated into the project.
.1-4, Designate an individual to serve as liaison between the Sponsor and NRCS, listing his
or her duties, responsibilities, and authorities. Furnish this information in writing to
NRCS.
15. Ensure that all contracts for design and construction services will be procured in
accordance with procedures prescribed in the Code of Florida and Federal regulations
applicable to the Sponsor, including the provisions contained in Attachment B to this
agreement.
16, Arrange for and conduct final inspection of the works of improvement. A Professional
Engineer registered in the State of Florida furnished by the Sponsor shall certify that the
project was installed in accordance with contractual requirements,
17. For structural measures, prepare and submit for approval an Operation and Maintenance
Plan prior to completion of construction. Upon completion of the work from the
Sponsor, assume responsibility for operation and maintenance of the works of
improvement installed.
18, If needed, upon completion of emergency protection measures and the elimination of
the threat, take action to bring the measures up to reasonable standards by other means
and/or authority. Unless the measures are brought up to reasonable standards, the
sponsor will not be eligible for future funding under the Emergency Watershed
Protection program,
19, Provide final as-built drawings and quantities to NRCS. As-built drawings and
quantities shall be certified by the engineer furnished by the Sponsor. The engineer
furnished by the Sponsor shall certify final quantities,
20, Pay the contractor as provided in the contract(s), Submit billings for reimbursement to
NRCS on FOlm SF-270, Request for Advance or Reimbursement.
21. Administer their action under this agreement in accordance with 7 CFR 3015, 7 CFR
3016, OMB Circulars A-I02, A-87, A-133, and other rules referenced in 7-CFR 3015,
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22. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the
Notice to Contracting Local Organizations of the Requirement for Celiifications of
Nonsegregated Facilities clause, Form SCS-AS-83, attached hereto as Attachment B.
23, Hold and save NRCS free from any and all claims or causes of action whatsoever
resulting from the obligations undertaken by the Sponsor under this agreement or
resulting from the work provided for in this agreement. Retain all records dealing with
the award and administration ofcontract(s) for 3 years from the date of the sponsor's
submission of the FINAL Request for Reimbursement or until final audit findings have
been resolved, whichever is longer. If any litigation is started before the expiration of
the 3-year period, the records are to be retained until the litigation is resolved or the end
of the 3-year period, whichever is longer. Make such records available to the
Comptroller General of the United States or his or her duly authorized representative
and accredited representatives of the D.S, Department of Agriculture or cognizant audit
agency for the purpose of making audit, examination, excerpts, and transcripts,
24. Provide 100 percent of the costs of works of improvement not eligible for federal cost
share,
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25. Complete all required work under this agreement, including but not limited to
construction of works of improvement, final inspection, payment of all contractors,
submissions of as-builts and final quantities, etc,
C. NRCS WILL:
1. Provide 75 percent of the cost of constructing the emergency watershed protection
measures described in Section A.
2. Provide the value of the Sponsor in-kind contribution not to exceed 25 percent of the
actual cost of constructing the emergency watershed protection measures described in
Section A.
3. Assist Sponsor and Sponsor's engineer establish design parameters and approve same
as set forth in B,8.
4. Not be substantially involved with the technical or contractual administration of this
agreement, but will provide advice and counsel as needed,
5, Make payment to the Sponsor covering NRCS's share of the cost, upon receipt and
approval of Form SF-270; Request for Advance or Reimbursement, with supporting
documentation,
6. Upon notification of the completion of construction, NRCS shall promptly review the
performance of Sponsor to determine if it has met the requirements of this agreement
and fund expenditures as agreed,
7. Designate an individual to serve as liaison between the NRCS and the Sponsor. The
major duties, responsibilities and authorities of the liaison will be to review and concur
with specifications and drawings for the DSR, assist in the final inspection of the works
of improvement, certify along with the Sponsor's Professional Engineer when all work
has been completed according to the specifications and drawings, and review the SF-
270 and supporting documents, approve, sign, and submit the SF-270 and supporting
documents to NRCS for reimbursement to the Sponsor.
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eVle\.V (\)L comment on ~,raH p.ans, speCLllcatlOilS, anu J-\r as otscnoeo II1 Jj,';:I, ana
B.lO.
D. IT IS MUTUALLY AGREED:
1. This agreement shall become null and void 90 calendar days after the date NRCS has
executed this agreement if a solicitation for bids has not been publicly advertised or a
contract has not been awarded.
2, This agreement shall be effective Upon Signature by NRCS, All work required under
this agreement shall be completed in accordance with B.l,
3, That each party shall review, comment, and approve construction plans, specifications,
and quality assurance plans as identified in Section B,9, B.I0, and C.8 of this
agreement.
4, Upon notification from the Sponsor of the completion of construction, NRCS shall
... . .... promptly review the performance of the Sponsor to determine.ifthe requirements of
this agreement have been met.
5, The furnishing of financial and other assistance by NRCS is contingent on the
availability of funds appropriated by Congress from which payment may be made and
shall not obligate NRCS upon failure of the Congress to appropriate funds.
6, NRCS may terminate this agreement in whole or in part when it is determined by
NRCS that the Sponsors have failed to comply with any of the conditions of this
agreement. NRCS shall promptly notify the Sponsor in writing of the determination
and reasons for the termination, together with the effective date, Payments or
recoveries made by NRCS under this termination shall be in accordance with the legal
rights and liabilities ofNRCS and the Sponsors.
7, This agreement may be temporarily suspended by NRCS 'if it determines that
corrective action by the Sponsor is needed to meet the provisions of this agreement.
Further, NRCS may suspend this agreement when it is evident that a termination is
pending.
8, Designated Liaisons may make adjustments to and between individual projects costs
without amendment so long as the total estimated amount described in A of this
agreement is not exceeded,
9, This Agreement may be executed in any number of counterparts and all of said
counterparts taken together shall be deemed to constitute one and the same instrument.
Receipt of a facsimile signature (followed promptly by an original executed
counterpart) shall be deemed receipt of an original. . .
10. By signing this agreement the recipient assures the Department of Agriculture that the
program or activities provided for under this agreement will be conducted in
compliance with all applicable Federal civil rights laws, rules, regulations, and policies.
11, Employees ofNRCS shall participate in efforts under this agreement solely as
representatives of the NRCS. To this end, they shall not participate as directors,
officers, employees, or otherwise serve or hold themselves out as representatives of
City of Winter Springs or any member of City of Winter Springs, They also shall not
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assist City of Winter Springs or any member City of Winter Springs \vith efforts to
lobby Congress, or to raise money through fundraising efforts, Further, NRCS
employees shall report to their immediate supervisor any negotiations with City of
Winter Springs, or any member of City of Winter Springs, concerning future
employment and shall refrain from participation in efforts regarding such party until
approved by the Agency.
Employees of the recipient shall remain its employees while carrying out their duties
under this agreement and shall not be considered as Federal employees or agents of the
United States for any purpose under this agreement.
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E. APPROVED:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore Signatory OfficiaF is authorized to ni",ke this
commitment on".behalfof City.of Wl'nter
Title: City Manager Springs.,'. '. .:, .'.
Date: December 14. 2004 ~ ., , j ~ .
~V'C./ /~G ~
TIN: 59-1026364 /' (Signature) .'
Date (.:J- It( - Of
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONS V ATION SERVICE
By:
Title: .
Date:
Reviewed:
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ATTACHMENT A - SPECIAL PROVISIONS
1. DRUG-FREE WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
lII, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILfTY MATTERS-PRIMARY COVERED TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V, ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
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ATTACHMENT A - SPECIAL PROVIS1ONS
Sponsor agrees to comply with the following special provisions which are hereby incorporated
into this Agreement.
1. . Drug Free Workplace
By signing this Agreement, the Sponsor is providing the certification set out below. If it is
later detern1ined that the Sponsor knowingly rendered a false certification, or otherwise
violates the requirements of the Drug-Free Workplace Act, the Department of Agriculture
Natural Resources Conservation Service (hereinafter "Service"), in addition to other remedies
available to the Federal Government, may take action under the Drug-Free Workplace Act.
Controlled substance means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 9 812) and as further defined by regulation (21 C.F.R. 99 1308,] 1
through 1308.15);
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Conviction means a finding of (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to detem1ine violations
of the Federal and State criminal drug statutes;
Criminal drug statute means a Federal or State criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
Employee means the employee of a Sponsor directly engaged in the performance of work for
which the Service is providing funding, including (I) All direct charge employees; (ii) All
indirect charge employees, unless their impact or involvement is insignificant to the work
performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly
engaged in the work performed by the Sponsor and who are on the Sponsor's payroll. This
definition does not include workers not on the payroll of the Sponsor (e.g., volunteers, even if
used to meet matching requirements; consultants or independent contractors not the Sponsor's
payroll, or employees of subrecipients or subcontractors in covered workplaces).
CERTIFICATION.
A, The Sponsor certifies that it has or will continue provide a drug-fee workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance isprohibited in
the Sponsor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The danger of drug abuse in the workplace;
(2) The Sponsor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
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(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the perfomlance of the
Program be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment by the Sponsor, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the Sponsor in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
(e) Notifying the Service in writing, within ten calendar days after receiving notice under
paragraph (d)(2) from an employee or othelwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including
position title, to every Service officer or other designee on whose Sponsor activity
the convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notice. Notice shall include the identification
number(s) of the Sponsor.
(t) Taking one of the following actions, within 30 calendar days of receiving notice
under paragraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and
including tennination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a) through (t).
(h) Agencies shall keep the original of all disclosure reports in the official files of the
agency,
B. The Sponsor may provide a list of the site(s) for the performance of work done in
connection with the Program described in this Agreement.
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U. Certification Regarding Lobbying (7 C.F.R. ~ 3018) (Applicable if this agreement exceeds
$100,000)
(1) No Federal appropriated funds have been paid or wi II be paid, by or on behalf of the
Sponsor, to any person for influencing or attempting to influence an officer or employee
of any agency, Member of Congress, and officer or employee of Congress, or a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement..
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
. a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Fonn-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The Sponsor shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly,
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U ,S, Code, Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions, (7 C.F.R. S 3017)
(l) The Sponsor certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction, violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of awards, making false statements, or receiving stolen
property;
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(c) Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1 )(b) ofthis certification; and
(d) Have not within a three-year period preceding this cooperative agreement had one or
more public transactions (Federal, State or local) terminated for cause or default.
(2) Where the primary Sponsor is unable to certify to any of the statements of this
certification, such prospective participant shall attach an explanation to this Agreement.
IV. Clean Air and Water Certification {Applicable if this agreement exceeds $100,000, or a
facility to be used has been the subject of a conviction under the Clean Air Act (42 u,s,c. 9
1857c-8(c)(l)) or the Federal Water Pollution Control Act (33 U,S,c. S 1319(c)) and is
listed by EPA, or is not otherwise exempt.)
The Sponsor signatory to this Agreement certifies as follows:
(a) Any facility to be utilized in the performance of this proposed agreement is _, is not
_ listed on the Environmental Protection Agency List of Violating Facilities.
(b) To promptly notify the State or Regional Conservationist prior to the signing of this
Agreement by the Service, of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Environmental Protection Agency, indicating any
facility which he/she proposes to use for the performance of the agreement under
. consideration to be listed on the Environmental Protection Agency List of Violating
Facilities.
(c) To include substantially this certification, including this subparagraph (c), in every
nonexempt subagreement.
Clean Air and Water Clause
(Applicable only if this agreement exceeds $ I 00,000, or a facil ity to be used has been the
subject ofa conviction under the Clean Air Act (42 U.S.C, S 1857c-8(c)(l)) or the Federal
Water Pollution Control Act (33 U.S,C. S 1319(c)) and is listed by EPA, or the agreement is
not otherwise exempt.)
A. The Sponsor agrees as follows:
(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended
(42 U,S,C, 9 1857, et seq" as amended by Public Law 91-604) and section 308 of the
Federal Water Pollution Control Act (33 U,S.C, S 1251, et seq" as amended by
Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports,
and information, as well as other requirements specified in section 114 and section
. 308 of the Air Act and the Water Act, respectively, an all regulations and guidelines
issued thereunder before the signing of this Agreement by the Service.
(2) That no portion of the work required by this Agreement will be performed in a
facility listed on the Environmental Protection Agency List of Violating Facilities on
the date when this Agreement was signed by the Service unless and until the EP A
removes the name of such facility or facilities from such listing,
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(3) To use their best efforts to comply with clean air standards and clean water standards
at the facilities at which the work under this Agreement is being perfonned.
(4) To insert the substance of the provisions of this clause in any nonexempt
subagreement, including this subparagraph A.
B. The terms used in this clause have the following meanings:
(1) The term "Air Act" means the Clean Air Act, as amended (42 U,S.C. S 1857 et seq.,
as amended by Public Law 91-604).
(2) The term "Water Act" means the Federal Water Pollution Control Act, as amended
(33 U.S.C, S 1251 et seq., as amended by Public Law 92-500).
(3) The term "clean air standards" means any enforceable rules, regulations, guidelines,
standards, limitations, orders, controls, prohibitions, or 'other requirements which are
contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive
Order 11738, an applicable implementation plan as described in section 110(d) of the
Clean Air Act (42 U.S,c. S 1 857c-5(d)), an approved implementation procedure or
plan under section lll(c) or section lll(d), respectively, of the Air Act (42 U.S.c. S
l857c-6(c) or (d)), or an approved implementation procedure under section lI2(d) of
the Air Act (42 U.S.c. S 1 857c-7(d)).
(4) The teml "clean water standards" means any enforceable limitation, control,
condition, prohibition, standards, or other requirement which is promulgated
pursuant to the Water Act or contained in a permit issued to a discharger by the
Environmental Protection Agency or by a State under an approved program, as
authorized by section 402 of the Water Act (33 U,S.c. S 1342), or by a local
government to ensure compliance with pretreatment regulations as required by
section 307 of the Water Act (33 U,S.C. S 1317).
(5) The term "compliance" means compliance with the clean air or water standards,
Compliance shall also mean compliance with the schedule or plan ordered or
approved by a court of competent jurisdiction, the Environmental Protection Agency,
or any air or water pollution control issued pursuant thereto.
(6) The term "facility" means any building, plant, installation, structure, mine, vessel or
other floating craft, location or site of operations owned, leased or supervised by a
Sponsor, to be utilized in the performance of an agreement or subagreement. Where
a location or site of operations contains or includes more than one building, plant,
installation, or structure, the entire location shall be deem~d to be a facility except
where the Director, Office of Federal Activities, Environmental Protection Agency,
determines that independent facilities are located in one geographical area.
V. Assurance and Compliance
As a condition of the grant or cooperative agreement, the Sponsor assures and certifies that it
is in compliance with and will comply in the course of the agryement with all applicable laws,
regulations, Executive Orders and other generally applicable requirements, including those set
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out in 7 C.F.R. 9S 3015,3016,3017,3018,3019 and 3052, which are hereby incorporated in
this Agreement by reference, and such other statutory provisions as are specifically set forth
herein.
VI. Examination of Records
Give the Service or the Comptroller General, through any authorized representative, access
to and the right to examine all records, papers, or documents related to this Agreement under
the procedures set forth under Section (C)(8) of th~ Agreement. Retain all records related to
this Agreement for a period of three years after the completion of the terms of this
Agreement in accordance with the applicable OMB Circular.
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A TT ACHMENT B - SPECIAL PROVISIONS
I. EQUAL OPPORTUNITY (SCS-AS-83)
II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION) (SCS-AS-83)
III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
IV, NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
V, NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
VI. CERTIFICATION OF NONSEGREGATED FACILITIES (SCS-AS-818)
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VII. STANDARD FEDERAL EQUAL EMLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
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A TT ACHMENT B - SPECIAL PROVISIONS
CONSTRUCTION
I. EQUAL OPPORTUNITY
The Contracting Local Organization agrees to incorporate, or cause to be incorporated, into
any contract for construction work, or modification thereof, as defined in the rules and
regulations of the Secretary of Labor at 4 I CFR, Chapter 60, which is paid for, in whole or in
part with funds obtained from the Federal Govermnent or borrowed on the credit of the
Federal Government pursuant to grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity (Federally Assisted Construction) clause:
II. EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION)
During the perfOlmance of this contract the Contractor agrees as follows:
I. 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 determination; rates
of payor other forms of compensation; and selection for training, including
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apprenticeship, The Contractor agrees to post in conspicuous places, availabJe to
employees and applicants for employment, notices to be provided setting forth the
provisions of this Equal Opportunity (Federally Assisted Construction) 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 consideration for
employment without regard to race, color, religion, sex, or national origin.
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3. 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' representative 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.
4, The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
5, The Contractor will furnish all infonnation and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will pern1it 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,
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6. In the event of the Contractor's noncompliance with the Equal OppOliunity (Federally
Assisted Construction) clause 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 No. 11246 of September 24,1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as provided by law.
7. The Contractor will include this Equal Opportunity (Federally Assisted Construction)
clause in every subcontract or purchase order unless exempted by the rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
No, 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided, however that
in the event a Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency the
Contractor may request the United States to enter into such litigation to protect the
interests of the United States,
The Contracting Local Organization further agrees that it will be bound by the above
Equal Opportunity (Federally Assisted Construction) clause with respect to its own
employment practices when it participates in federally assisted construction work:
Provided, however, that if the Contracting Local Organization so participating is a State or
local government, the above Equal Opportunity (Federally Assisted Construction) clause
is not applicable to any agency, instrumentality, or subdivision of such government which
does not participate in work on or under the contract.
The Contracting Local Organization agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the compliance of
Contractors and subcontractors with the Equal Opportunity (Federally Assisted
Construction) clause and the rules, regulations and relevant orders of the Secretary of
Labor, tha,t it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance,
The Contracting Local Organization further agrees that it will refrain from entering into
any contractor contract modification subject to Executive Order No, 11246 of September
24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and Federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the Equal
Opportunity (Federally Assisted Coristruction) clause as may be imposed upon
Contractors and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part 11, Subpart D, of the Executive Order. In addition, the Contracting Local
Organization agrees that if it fails or refuses to comply with these undertakings the
administering agency may take any or all of the following actions: Cancel, terminate, or
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suspend, in whole or in pan, this grant; refrain from extending any further assistance to the
Contracting Local Organization under the program with respect to which its failure or
refusal occUlTed until satisfactory assurance of future compliance has been received from
such Contracting Local Organization; and refer the case to the Department of Justice for
appropriate legal proceedings.
III. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
(a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local
Organization prior to any agreement for Federal financial assistance where the
Contracting Local Organization will itself perform a federally assisted construction
contract exceeding $1 0,000 which is not exempt from the provisions of the Equal
Opportunity clause,
(b) The Contracting Local Organization shall notify prospective federally assisted
. c,onstruction contractors of the Certification of Nonsegregated Facilities required, as . ,...p.....
follows:
IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
(a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a
federally assisted construction contract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity clause,
.
(b) Contractors receiving federally assisted construction contract awards exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity clause will be
required to provide for the forwarding of the following notice to prospective
subcontractors for supplies and construction contracts where the subcontracts exceed
$10,000 and are not exempt from the provisions of the Equal Opportunity clause.
V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICA TIONS OF NONSEGREGATED FACILITIES
(a) Certification of Nonsegregated Facilities must be submitted prior to the award of a
subcontract exceeding $10,000 which is not exempt from the provisions of the Equal
Opportunity clause.
(b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from
the provisions of the Equal Opportunity clause will be required to provide for the
forwarding of this notice to prospective subcontractors for supplies and construction
contracts where the subcontracts exceed $10,000 and are not exempt from the
provisions of the Equal Opportunity clause,
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SCS- AS-8I8
Rev. 4-70
File Code AS-14
VI. CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to federally assisted construction contracts and related subcontracts exceeding
$10,000 which are not exempt from the Equal Opportunity Clause,)
The federally assisted construction contractor certifies that he/she does not maintain
or provide for his/her employees any segregated facilities at any of hislher establishments,
and that he/she does not permit his/her employees to perform their services at any location,
under his/her control, where segregated facilities are maintained, The federally assisted
construction contractor certifies further that he/she will not maintain or provide for his/her
employees any segregated facilities at any of his/her establishments; and that he/she will not
permit his/her employees to perform their services at any location, under hislher control,
where segregated facilities are maintained, The federally assisted construction contractor
agrees that a breach of this section is a violation of the Equal Opportunity Clause in this
contract. As used in this caption, the term "segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or arc in fact segregated on the basis of race, color, religion,
or national of because of habit, local custom, or otherwise. The federally assisted
construction contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical
certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that
he/she will retain such certifications in hislher files,
NOTE - The penalty for making false statements in offers is prescribed in 18 U,S,C, I 001.
Contractor:
Signature:
Title: Date:
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VlI. STANDARD FEDERAL EQUAL ErvlPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. 'Covered area' means the geographical area described in the solicitation from which
this contract resulted;
b, "Director" means Director, Office of Federal Contract act Compliance Program,
United States Department of Labor, or any person to whom the Director delegates
authority;
c, "Employer identification number' means the Federal Social Security number used on
the Employees Quarterly Federal Tax Return, U,S, Treasury Department Form 941.
d, "Minority" includes:
- . .,.~.... '-"-'- ...."...-.~_... (i) 'Black (all persons having origins in any of the Black Afrit'anracial'groTips not'''' ..
of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South
American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original
peoples of die Far East, Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
(iv) American Indian or Alaskan Native (all groups having origins in any of the
original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification),
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $1 0,000, the provisions of these specifications and the Notice which contains
the applicable goals for minority and female participation and which is set forth in the
solicitations from which the contract resulted.
3, If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U,S, Department of Labor in the covered area either individually or
through as association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such Hometown Plan,
Each Contractor or Subcontractor participating in an approved Plan is individually
required to comply with its obligations under the EEO Clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The'
overall good faith performance by other Contractors or Subcontractors toward a goal in
an approved Plan does not excuse any covered Contractors or Subcontractors failure to
take good faith efforts to achieve the Plan goals and timetables,
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4. The Contractor shall implement the specific affirmative action standards provided in
Paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female tuition that the Contractor
should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors perfom1ing
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, Goals are published
periodically in the Federal Register in notice of and such notices may be obtained from
any Office of Federal Contract Compliance Programs or from Federal procurement
Contracting Officers, The Contractor is expected to make substantially uniform progress
toward meeting s goals in each craft during the period specified,
5, Neither the provisions of any collective bargaining agreement, nor the failure by a union
with-whom the Contractophas a collective bargaining agreement, to refer either ~. .. ~.... --. .,
minorities or women shall excuse the Contractors obligations under these specifications,
'Executive Order 1 1246, or the regulations promulgated pursuant thereto,
6. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the V,S, Department of Labor.
7, The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractors compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions, The
Contractor shall document these efforts fully, and shall implement affirmative action
steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation and
coercion at all sites, and in all at which the Contractors employees are assigned to
work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out
the Contractors obligations to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities,
b, Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organization's responses,
.c. Maintain a current file of the names, addresses and telephone numbers of each
minority and female off-the-stre'et applicant and minority and female referral from a
union, a recruitment source or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the union
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hiring hall for referral and was not refer-red back to the Contractor by the union or,
if refelTed, not employed by the Contractor, this shall be documented in e file with
the reason therefore, along with whatever additional actions the Contractor may
have taken,
d. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the
Contractor has other information that the union referral process had impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for .
the area which expressly include minorities, and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractors
employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under Paragraph ''l.b. above;--. . ".. ,. .
f. Disseminate the Contractors EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report,
etc, - specific review of the policy with all management personnel and with all
minority and female employees at least once a year, and by posing the company
EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
g, Review, at least annually, the company's EEO policy and e action obligations under
these specifications with all employees having any responsible for hiring,
assessment, layoff, termination, or their employment decisions, including specific
review of these items with on-site supervisory personnel such as Superintendents,
General Fore e'tc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter,
h, Disseminate the Contract's EEO policy externally by including it in any advertising
in the news media, specifically including minority and female news media, and
providing written notification to and discussing the Contractors EEO policy with
other Contractors and Subcontractors with whom the Contractor does or anticipate
doing business,
i. Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations to schools with minorities and female students and to
minority and female recruitment and training organizations-, serving the Contractors
recruitment area and employment needs, Not later than one month prior to the date
for the acceptance of the applications for apprenticeship or other, training by any
recruitment sources, the Contractor shall send written notification, to organizations
such as the above, describing the openings, screening procedure, and tests to be used
in the selection process, Encourage present minority and female employees to
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recruit other minority persons and women and, where reasonable, provide after
school, summer and vacation employment to minority and female youth both on the
site and in other areas of a Contractors workforce,
j. Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer and vacation
employment to minority and female youth both on the site and in other areas of the
Contractors workforce.
k. Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3,
1. Conduct, at least annually, an inventory and evaluation at least of all minority and.
female personnel for promotional opportunities arid encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classification work assignments, and other
..., -..~ ,..... .n.....""' 0 A .. ..-.. ., personnel practices, do not have a discriminatory effect by continually monitor-ing ..,
all personnel and employment related activities to ensure that the EEO policy and
die Contractors obligations under these specifications are being carried out.
n, Ensure that all facilities and company activities are nonsegregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
ensure privacy between the sexes.
0, Document and maintain a record of all solicitations of offers for subcontracts from
minority an9 female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations,
p, Conduct a review, at least annually, of all supervisor adherence to and performance
under the Contractors EEO policies and affirmative action obligations,
8, Contractors are encouraged to participate in voluntary associations which assist in
achieving one or more of the affirmative action obligations (Paragraphs 7,a, through 7,p.),
The efforts of a contractor assQciation, joint contractor-union, contractor-community, or
other share group of which the Contractor is a member and participants may be asserted as
g anyone or more of its obligations under Paragraphs 7,a, through7,p, of these
Specifications provided that the Contractor actively participates in the group, makes every
effort to assure that the group has a positive impact on the employment of minorities and
women in the industry, ensures thanhe concrete benefits of the program are reflected in
the Contractors minority and female workforce participation, makes a good faith effort to
meet its individual goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, howe,:,er, is the Contractor's and failure of such a group to an
obligation shall not be a defense for the Contractor's noncompliance,
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9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment oPPOltunity and to
take affinnative action for all minority groups, both male and female, and all women, both
minority and nonminority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of
women is underutilized).
10, The Contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11, The Contractor shall not enter into any Subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246,
12, The"Contractor. shall carry ,out such sanctions and penalties for violation of these 0._" .,.~-..,...".. ...
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs, Any Contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order 1
1246, as amended,
13, The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
relating to the provisions hereof as may be required by the Govemmeht, and to keep
records. Records shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation if any, employee identification number
when assigned, social security number, race, sex, status (e,g" mechanic, apprentice,
trainee, helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easy understandable and retrievable form however, to the
degree that existing records satisfy this requirement, Contractors shall not be required to
maintain separate records,
14, The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
Paragraph 7 of these specifications; so as to achieve maximum results 'from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 604.8,
15, Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for hiring of local or other area residents (e.g" those under the Public
Works Employment Act of 1977 and the Community Development Block Grant
Program),
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