01/19/2000 Agreement
CLERK'S ORIGINAL
COOPERATIVE AGREEMENT
AGREEMENT NO. 2
STATE: FLORIDA
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THIS AGREEMENT, made this 19th day of January ,2000, by and betwe~heCJ
Monroe County Commission, called the County; and the South Florida Resource Conservation &
Development Council, Inc., called the Council.
MONROE COUNTY COMMISSION
SOUTH FLORIDA RC&D COUNCIL, INe.
COOPERA TIVE AGREEMENT
WITNESSETH THAT:
WHEREAS, Hurricane Irene caused a sudden impairment of the perimeter canal and damage to the
breakwater on Duck Key and
WHEREAS, the County has entered into a separate agreement with the USDA Natural Resources
Conservation Service (NRCS) whereby NRCS agrees to provide 100% of the estimated cost of the
works of improvement, valued at $3,000,000.00, exclusive of engineering, construction inspection
and contract administration and
WHEREAS, the County, the Council and NRCS agree to a plan which provides for restoration of
certain works of improvement referenced in Section A and
WHEREAS, the County agrees to designate the Council to provide contract administration,
engineering and inspection services for the works of improvement.
NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully
performed by the parties hereto as set forth, the County and the Council do hereby agree as follows:
A. IT IS AGREED that the following described work is to be performed at an estimated cost of
$ 464,484.00.
EVENT: Hurricane Irene, October 14, 1999
LOCA TION DESCRIPTION OF WORK EST. COST
Contract administration, engineering and construction
Duck Key inspection as it relates to the removal of sediment in $ 464,484.00
Monroe County perimeter canal and reconstruction of breakwater per
approved DSR.
TOTAL $ 464,484.00
COOPERATIVE AGREEMENT
B. THE COUNTY WILL:
]. Designate the Council to provide contract administration, engineering and construction
inspection services needed to install the works of improvement described in Section A.
2. Provide 50 percent of the cost of contract administration, engineering and construction
inspection needed to install the works of improvement described in Section A. These costs
will not exceed $232,242.00. The County will transfer these funds promptly to the Council
upon receipt of a request for payment for completed work from the Council.
3. Transfer funds to the Council received from the NRCS for completion of work needed to
remove sediment in the Duck key perimeter canal and the reconstruction of the breakwater
per approved DSR.
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. The engineering firm employed by the Council is
responsible for doing the work necessary to obtain whatever state and federal permits are
required for the removal of sediment and the reconstruction of the breakwater on Duck Key,
although the permit(s) may be issued in the name of the County if required by the issuing
agency. The County will cooperate with the Council's engineer in obtaining the necessary
permits.
5. Designate an individual to serve as liaison officer between the County, the Council and
NRCS. A list of his or her duties, responsibilities and authorities shall be furnished in writing
to the Council.
C. THE COUNCIL WILL:
I. Contract for the works of improvement described in Section A and provide for their
completion within 300 days from the time that this agreement is executed and a notice to
proceed is received. The Council will provide the contract administration and general
oversight for the works of improvement for 6% of the total estimated project cost. The total
estimated project cost is considered to be the cost of construction, engineering and
construction inspection. The Council will provide the County and NRCS a copy of each
solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and awarded
contract.
2. Hire a qualified engineering firm to complete required survey, design and construction
inspection to perform the needed works of improvement referenced in Section A. The cost
for these services will be billed to the County and the State of Florida Department of
Community Affairs (DCA).
3. Hire qualified contractor(s) to perform the needed works of improvement referenced in
Section A. The Council will make payment to the contractor(s) upon completion of the work
and transfer of monies in accordance with the request for payment issued by the Council to
the County, DCA and NRCS,
4, Transfer monies provided through the DCA equal to 50 percent of the cost of contract
administration, engineering and construction inspection for the needed works of improvement
2
COOPERA TIVE AGREEMENT
referenced in Section A.
5. 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 monies due in connection with the contract. Any monies collected will be
distributed to the parties in the same ratio as contributions are made.
6. Prepare billings for reimbursement to NRCS on Form SF-270, Request for Advance or
Reimbursement.
7. Arrange for and conduct final inspection of the works of improvement. A Professional
Engineer registered in the State of Florida furnished by the Council shall certify that the
project was installed in accordance with contractual requirements.
8. 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.
9. 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
Council., including the provisions contained in Attachment B to this agreement.
10. Administer their action under this agreement in accordance with 7-CFR 30 IS, 7-CFR 3016,
OMB Circulars A-I02, A-87, A-128, and other rules referenced in 7-CFR 3015.
II. Comply with the nondiscrimination provisions of the Equal Opportunity Clause and the
Notice to Contracting Local Organizations of the Requirement for Certifications of
Nonsegregated Facilities clause, Form SCS-AS-83, attached hereto.
12. Prepare a design, construction specifications, and drawings in accordance with standard
engineering principles. The construction plans shall be reviewed and approved by a
Professional Engineer registered in the State of Florida prior to submittal to NRCS.
13. Provide copies of site maps to appropriate Federal and State agencies for environmental
review. Council 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.
14. Ensure that any special requirements for compliance with environmental and/or cultural
resource laws are incorporated into the project.
15. Designate an individual to serve as liaison officer between the Council, the County and
NRCS. A list of his or her duties, responsibilities, and authorities will be furnished in writing
to the County and NRCS.
16. Hold and save the County free from any and all claims or causes of action whatsoever
resulting from the obligations undertaken by the Council under this agreement or resulting
from the work provided for in this agreement.
3
COOPERATIVE AGREEMENT
D. IT IS MUTUALLY AGREED:
I, That this agreement shall be effective on the datj: ~pp.earil1g in the first paragraph and shall
~.... .' . ~. , . , - ',-
continue in effect until the purpose of the ag- 'm'ent has been fulfilled.
E. APPROVED
l> ~om"'SiOO
By: -:r~
Title: Mayor/Chairman
Date:
so ANNs, A. HYTTON
"^T,. l(z,~/CJZ2
~ South Florida Resource Conservation &
l> DeveIO:"' CO!:I.!!!'o .
By J... If.;, ?ry
Title7 (J~ .
Date: 'z. /"3 / rJ-o
. ,
This action is authorized at an official meeting
of the Board of County Commissioners
on the 19th day of January, 2000
at
Monroe county~
GeOf~
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/'
(Signature)
Date:
January 19, 2000
This action is authorized at an official meeting
of the <:hn-n Flnrida R"m Cl:uril, In:.
on the 14th day of January, LOX)
at
Miarri-Il:lcE 9-ll1tY
State ofJ:trv~_
~ C~~~
(S ignature)
Date:
Fl::ihrll;:n:y 2, LOX)
4
ATTACHHENT A - SPECIAL PROVISIONS
I. DRUG-FREE WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED
TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
ATTACHHENT A - SPECIAL PROVISIONS
The signatories agree to comply with the following special provision~
which are hereby attached to this agreement.
I. Drua-Free WorkDlace
By signing this agreement, the sponsors are providing the
certification set out below. If it is later determined that the
sponsors knowingly rendered a false certification, or otherwise
violated the requirements of the Drug-Free Workplace Act, the ServiCE
in addition to any other remedies available to the Federal Government
may take action authorized under the Drug-Fre~ Workplace Act.
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of (inclUding a plea of nolo contendere)
or imposition of sentence, or both, by any judicial body charged witt
the responsibility to determine violations of the Federal or state
criminal drug statutes;
Criminal drua statute a means a Federal or non-Federal criminal
statute involving the manUfacturing, distribution, dispensing, use, c
possession of any controlled substance;
EmDlovee means .the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact 01
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged :
the performance of work under the grant and who are on the grantee's
payroll. This definition'does not include workers not on the payrol:
of the grantee (e.g., volunteers, even if used to meet a matching
requirements; consultants or independent contractors not on the
grantees' payroll; or employee of subrecipients or subcontractors in
covered workplaces). .
Certification:
A. The sponsors certify that it will or will continue to provide a
drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee'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 grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each emplQyee to be engaged in the
performance of the grant 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 under the grant, the employee
will--
(1) Abide by the terms of the statement; and
(2) Notifying the employer 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 a conviction;
(e) Notifying the Service in writing, within ten calender days
after receiving notice under paragraph (d) (2) from an employee or
otherwise receiving actual.notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant;
(f) 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 termination, consistent with the
requirements of the Rehabilitation Act of 1973, as ame~ded; 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),(b),(c),(d),(e) and
(f) .
(h) Agencies shall keep the original of all disclosure reports in
the official files of the agency.
.
B. The sponsors may provide a list of the site(s) for the performan
of work done in connection with a specific project or other agreemen
II. certification Reaardina Lobbvina (7 CPR 3018) (APplicable if th
agreement exceeds $100,000) - The sponsors certify to the best
their knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, b
or on behalf of the sponsors, to any person for influencing or
attempting to influence an officer or employee of an agency, Member
Congress, and officer or employer of Congress, or a Member of congre
in connection with the awarding of any Federal contract, the making
any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the ext2nsion, 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 pa
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
copperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "oisclo~ure Form to Report Lobbying," in
accordance with its instructions.
(3) The sponsors shall require that the language of this
certification be included in the award documents for all subawards a
all tiers (including subcontracts, subqrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipient
shall certify and disclose accordingly.
This certification is a material representation of ~act.upon w~ich
reliance was placed when this transaction was made or entered Lnto.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, Title 31, U.
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.
certi~ication Reqardinq Debarment. BusDension. and other
ResDonsibilitv Hatters - PrimarY Covered Transactions.
{7 CPR 3017)
(1) The sponsors certify 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 ren4ered 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
records, making false statements, or receiving stolen property;
(c) Are not presently indicted for 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)
of this certification; and
(d) Have not within a three-year period preceding this
application/proposal has 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 in this certification, such prospective participant shall
attach an explanation to this agreement.
IV. Clean Air and Water Certification
(Applicable if this agreement exceed $100,000, or a facility to be
used has been the subject of a conviction under the Clean Air Act (42
U.S.C. 1857c-8(c) (1) or the Federal Water Pollution Control Act (JJ
U.S.C. 1319(c) and is listed by EPA, or is not otherwise. exempt.)
The project sponsoring organization(s) signatory to this agreement
certifies as follows:
(a)
Any facility to be utilized
this proposed agreement is
listed on the Environmental
of Violating Facilities.
in the performance of
, is not )(
Protection Agency List
To insert the substance of the provisions of this
clause in any nonexempt sUbagreement, including
this subparagraph A.(4).
B. The termS used in this clau~e have the following meanings:
(4)
(1)
(2)
(3)
The term "Air Act" means the Clean Air Act, as
amended (42 U.S.C. 1857 et seq., as amended by
public Law 91-604).
The term "Water Act" means Federal Water Pollution
control Act, as amended (33 U.S.C. 1251 et seq.,
as amended by public Law 92-500).
.
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 ~~7J8,
'an applicable implementation plan as described in
section ~~O(d) of the Clean Air Act (42 U.S.C.
1857C-5(d)), and approved implementation procedure
or plan under section 111(C) or section l11(d),
respectively, of the Air Act (42 U.S.C. l857c-6(C)
or (d), or an approved implementation procedure
under section l12(d) of the Air Act (42 U.S.C.
1.857c-7(d)).
(4)
The term "clean water standards" means any
~nforceable 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. 1342),
or by a local government to ensure compliance with
pertreatment regulations as required by section
307 of the Water Act (3 U.S.C. 1317).
(5)
The term "compliance" means compliance with clean
air or water standards. Compliance shall also mean
compliance with the scheduled 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.
(b)
To promptly notify the state Administrative
Officer prior to the signing of this agreement
by SCS, of the receipt of any communication
from the Director, Office of Federal Activities,
u.s. Environmental Protection Agency, indicating
that any facility which he proposes to use for
the performance of the agreement is under
consideration to be listed on the Environmental
Protection Agency List of Violating Facilities.
To include substantially this certification,
including this subparagraph (c), in every
nonexempt subagreement.
(c)
CLEAN AIR AND WATER CLAUSE
(Applicable only if the agreement exceeds $100,000, or a facility tc
be used'has been the subject of a conviction under the Clean Air Act
(42 U.S.C. 1857c-8(c) (1) or the Federal Water Pollution Control Act
(33 U.S.C. (1319(c)) and is listed by EPA or the agreement is not
otherwise exempt.)
A. The project sponsoring organization(s} signatory to this agreem(
agrees as follows:
--
(1) To comply with all the requirements of section 114
of the Clean Air Act as amended (42 U.S.C. 1857,
et seq., as amended by Public Law 91-604) and
section 308 of the Federal Water Pollution Control
Act (33 U.S.C. 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, and all regulations and guidelines
issued thereunder before the signing of this
agreement by SCS.
(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 SCS unless and until
the EPA eliminates the name of such facility
or facilities from such listing.
(3) To use their best efforts to comply with clean
air standards and clean water standards at the
facilities in which the agreement is being
performed.
(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 deemed to be a facility
except where the Director, Office of Federal
Activities, Environmental Protection Agency,
determines that independent facilities are
collocated in one geographical area.
V. Assurances and ComDliance
As a condition of the grant or cooperative agreement, the recipient
assures and certifies that it is in compliance with and will comply
the course of the agreement with all applicable laws, regulations,
Executive Orders and other generally applicable requirements,
including those set out in 7 CFR 3015, 3016, 3017, 3018 and 3051 whi
hereby are incorporated in this agreement by reference, and such ott
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, book
papers, or documents' related to this agreement. Retain all records
related to this agreement fo~ a period of three years after completi
of the terms. of this agreement in accordance with the applicable OME
Circular.
--
ATTACHMENT B - SPECIAL PROVISIONS
CONSTRUCTION
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 41 CFR, Chapter 60,
which is paid for, in whole or in part, with funds obtained from
the Federal Government 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:
EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION)
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 payor 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 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.
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
be provided advising the said labor union or workers'
resentative of the Contractor's commitments under this
tion, and shall post copies of the notice in conspicuous
,ces available to employees and applicants for employment.
4. The Contractor will comply with all provisions of
~cutive Order No. 11246 of september 24, 1965, and of the
,es, regulations, and relevant orders of the Secretary of
>or.
5. The Contractor will furnish all information and reports
~ired by Executive Order No. 11246 of September 24, 1965, and
the rules, regulations, and orders of the Secretary of Labor,
pursuant thereto, and will permit access to his books,
=ords, and accounts by the administering agency and the
:retary of Labor for purposes of investigation to ascertain
~liance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the
lal opportunity (Federally Assisted Construction) clause of
~s contract or with any of the said rules, regulations, or
ters, this contract may be canceled, terminated, or suspended,
whole or in part, and the Contractor may be declared
~ligible for further Government contracts or federally assisted
~struction contracts in accordance with procedures authorized
Executive Order No. 11246 of September 24, 1965, and such
,ler sanctions may be imposed and remedies invoked as provided
Executive Order No. 11246 of September 24, 1965, or by rule,
~lation, or order of the Secretary of Labor, or as provided by
, .
7. The Contractor will include this Equal opportunity
~derally Assisted Construction) clause in every subcontract or
~chase order unless exempted by the rules, regulations, or
jers of the Secretary of Labor issued pursuant to section 204
Executive Order No. 11246 of September 24, 1965, so that such
~visions will be binding upon each subcontractor or vendor.
.~ Contractor will take such action with respect to any
~contract or purchase order as the administering agency may
rect as a means of enforcing such provisions, including
~ctions for noncompliance; provided, however, thac in the event
:ontractor becomes involved in, or is threatened with,
tigation with a subcontractor or vendor as a result of such
rection by the administering agency, the Contractor may request
e united States to enter into such litigation to protect the
terests of the United States.
The contracting Local organization further agrees that it
11 be bound by the above Equal Opportunity (Federally Assisted
nstruction) clause with respect to its own employment practices
.en it participates in federally assisted construction work;
'ovided, however, that if the Contracting Local organization so
rticipating is a State or local government, the above Equal
portunity (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, that 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 contract or 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 Construction) clause as
may be imposed upon Contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part
II, Subpart 0, 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
suspend, in whole or in part, this grant; refrain from extending
any further assistance to the Contracting Local Organization
under the program with respect to which its failure or refusal
occurred 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.
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 $10,000 which is not exempt from
the provisions of the Equal Opportunity clause.
b. The Contracting Local Organization shall notify prospective
federally assisted construction contractors of the Certification
of Nonsegregated Facilities required, as follows:
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.
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
a. 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
$1.0,000 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.
NRCS-ADS-819
Rev. 1- 71
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) Conractors receiving federally assisted
construction contract awards exceeding $10,000 whi~h are not
exempt from the provisions of the Equal Opportunity clause
will be required to provide for 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.
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATION OF NONSEGREGATED FACILITIES
(a) A Certification of Nonsegregated Facilities must
be submitted prior to the award of a subcontract exceeding
$10,000 which is not execmpt 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 form the provisions of the
Equal Opportunity clause.
NRCS-ADS-818
Rev. 4-70
File Code ADS-14
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 does not maintain or provide for his
employees any segregated facilities at any of his
establishments, and that he does not permit his employees to
perform their services at any location, under his control,
where segregated facilities are maintained. The federally
assisted construction contractor certifies further that he
will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that
he will not permit his employees to perform their services
at any location, under his control, where segregated
facilities are maintained. The federally assisted
construction contractor agrees that a breach of this
certification is a violation of the Equal Opportunity clause
in this contract. As used in this certification, the terms
Rsegregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas,
timeclocks, 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 are in fact segregated on the basis of race,
color, religion, or national origin, because of habit, local
custom, or otherwise. The federally assisted construction
contractor agrees that (except where he has obtained
identical certifications from proposed subcontractors for
specific time periods) he 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 will retain such certifications in his files.
NOTE: The penalty for making false statements in
offers is prescribed in 18 U.S.C. 1001.
Contractor
Signature
Title
Date
NOTICE OF REQUIREMENTs FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (EXECUTIVE ODRER 11246)
1. The Offeror's or Bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal Employment
Specifications" set forth herein.
2. The goals and timetables for minority and female
participation, expressed in percentage terms for the Contractor's
aggregate workforce in each trade on all construction work in the
covered areas, are as follows:
Timetables
Goals for Minority
Participation For
All Trades
Goals for Female
Participation in
All Trades
Indefinite
6.9
These goals are applicable to all the contractor's
construction work (whether or not it is Federal of federally
assisted) performed in the covered area. If the contractor
performs construction work in a geographical area located outside
of the covered area, it shall apply the goals established for
such geographical area where the work is actually performed.
With regard to this second area, the contractor also is subject
to the goals for both its federally involved and non-federally
involved construction.
The Contractor's compliance with the Executive Order and the
regulations in 41 CFR Part 60-4 shall be based on its
implementation of the Equal Opportunity Clause, specific
affirmative action obligations required by the specifications set
forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals.
The hours of minority and female. employment and training must be
substantially uniform throughout the length of the contract, and
in each trade, and the contractor shall make a good faith effort
to employ minorities and women evenly on each of its projects.
The transfer of minority or female or trainees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's goals shall be a violation of the
contract, the Executive Order and the regulations in 41 CFR Part
60-4. Compliance with the goals will be measured-against the
total work hours performed.
3. The Contractor shall provide written notification to the
Director of the Office of Federal Contract Compliance Programs
within 10 working days of award of any construction subcontract
in excess of $10,000 at any tier for construction work under the
contract resulting from this solicitaiton. The notification
shall list the name, address and telephone number of the
subcontractor; estimated dollar amount of the subcontract;
estimated starting and completion dates of the subcontract; and
geographical area in which the subcontract is to be performed.
4. As used in this Notice, and in the contract resulting from
this solicitation, the "covered area" is:
NRCS-ADS-85
Rev. 2-71
APPLICABILITY OF THE EQUAL OPPORTUNITY CLAUSE
Equal Opportunity (Federally Assisted Construction) is
applicable in any contract which exceeds $10,000 and any
contract for less than $10,000 which is later increased by
modification to more than $10,000.
EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION)
Duirng 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 aciton 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; rate of payor 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 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 na~ional origin.
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
I notice to be provided advising the said labor uniQn 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.
s. The Contractor will furnish all information 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 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.
6. In the event of the Contractor's noncompliance with
the Equal Opportunity (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 Exeuctive 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 Executive Order No. 11246 of
September 24, 1965, so that 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.
STANDARD FEDERAL EQUAL EMPLOYMENT 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. ftDirector" means Director, Office of Federal
Contract Compliance Programs, 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 Employer'S Quarterly
Federal Tax Return, U. S. Treasury Department Form 941.
d. ftMinority" includes:
(i) Black (all persons having or~g~ns in any of the
Black African racial groups not of Hispanic origin) ;
(ii) Hispanic (all persons of Mexican, Puerto
Rican, CUban, 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 the Far
East, Southeast Asia, the Indian Subcontinent, or the
Pacific Islands); and
(iv) American Indian or Alaskan native (all persons
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 $10,000, 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 CPR
60-4.5) in a Hometown Plan approved by the U. S. Department
of Labor in the covered area either individually or through
an 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 whcih 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 Contractor's or
Subcontractor's failure to take good faith efforts to
achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative
action standards provided in paragraphs 7a through 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 utilization the Contractor should
reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered
construction contractors performing construction work in
geographical areas where they do not have a Federal for
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 form, 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 its goals in
each craft during the period specified.
s. Neither the provisions of any collective bargaining
agrement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the Contractor's
obligations under these specifications, Executive Order
11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours oOf .
apprentices and trainees to be counted in meeting the goals,
such 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 U. S.
Department of Labor.
-2-
7. The Contractor shall take specific affirmative actions
to ensure equal employment opportunity. The evaluation of
the Contractor's 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, intinidation, and coercion at all sites, and in
all facilities at which the Contractor's employees are
assigned to work. The Contractor, where possible, will
assign two or more women to each construction project. The
Contractor shall specifically ensure tha all foremen,
superintendents, and other on-site supervisory personnel are
aware of and carry out the Contractor's obligation 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-street
applicant and minority and female referral from a union, a
recruitment source or community organization and of what
aciton was taken with respect to each such individual. If
such individual was sent to the union hiring hall for
referral and was not referred back to the Contractor by the
union or, if referred, not employed by the Contractor, this
shall be documented in the 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 tha 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 Contractor's employment needs, especially those
-3-
programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the
sources compiled under 7b above.
f. Disseminate the Contractor's 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.; by
specific review of the policy with all management personnel
and with all minority and female employees at least once a
year; and by posting the company EEO policy on bulletin
boards accessible to all employees at such location where
const~ction work is performed.
g. Review, at least annually, the company's EEO policy
and affirmative action obligations under these
specifications with all employees having any responsibility
for hiring, assignment, layoff, termination, or other
employment decisions, including specific review of these
items with on-site supervisory personnel such as
Superintendents, General Foremen, etc., prior to the
initiation of construction work at any jobsite. 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 Contractor's EEO policy externally
by including it in any advertizing in the news media,
specifically including minority and female news media, and
providing written notification to and discussing the
Contractor's EEO policy with other Contractors and
Subcontractors with whom the Contractor does or anticipates
doing buisness.
i. Direct its recruitment efforts, both oral and
written, to minority, female and community organizations, to
schools with minority and female students and to minority
and female recruitment and training organizations. serving
the Contractor's recruitment area and employment needs. Not
later than one month prior to the date for the acceptance of
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 procedures, and tests to be used in
the selection process.
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 a Contractor's workforce.
-4-
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 and 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 personnel practices, do not have
a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that
the EEO policy and the Contractor's 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
assure privacy between the sexes.
o. Document and maintain a recor~ of all solicitations
of offers for subcontracts from minority and 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
supervisors' adherence to and performance under the
Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of the
affirmative action obligations (7a through p). The efforts
of a contractor association, joint contractor-union,
contractor-community, or other similar group of which the
Contractor is a member and participant, may be asserted as
fulfilling anyone or more of its obligations under 7a
through 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
that the concrete benefits of the program are reflected in
the Contractor's minority and female work force
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, however, is the Contractor's and failure of such
a group to fulfill an obligation shall not be a defense for
the Contractor's noncompliance.
-5-
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 opportunity and to
take affirmative action for all minority groups, both male
and female, and all women, both minority and non-minority.
Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a
substantially disparate manner (for examle, even though the
Contractor has achieved its goal for women generally, the
Contractor may be in violation of the Executive Order if a
specific minority group of women is under-utilized) .
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 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 11246, as
amended.
-6-
SOIL CONSEB.VATION SEB.VICE
Sut'PLE!:tENT TO OSHA PAB:rS 1910 AND 1926
CONSD.UC'tION INDUSTRY STANDAIlDS AND tNTEllPRETATIONS
The contractor shall co~ly with OSHA (Occu~atioual Safety and Health
~iniltratiou) Pares 1910 aud 1926. Conatructiou lndultry Standards
aud IQte~recationa. aud vith .thia Iu~~lement.
lequelU far variances or waivers from thb supplement are to be made
to the coutractins officer in vriting supporced by evideuce that every
reasonable effort ha. been made to comply vith the contractual
requirements. A vritten reque.t far a vaiver or a variance sball
iuclude--
(1) S~ecific reference to the provision or standard in question;
(2) An ex~lanation a. to why the waiver LS considered jUltified:
and
(3) .The contractor's pro~.ed alternative. includin; technical
dravin;s. materials. or equi~ent specifications needed to
enable the contracting officer to render a decisiou.
No vaiver or variance vill be a~praved if it endan;erl anT perlon.
the contractor Ihall not proceed under any requeated revision of a
provi.ion uncil the cautrractiD& officer ha. liven V1:'itten appraval.
the contractor is to hold and aave harmleaa the
free from any
claima or cauae. of ace ion vbataoever reaultin; from the coutractor or
subcontractor I ~roceeding under a waiver or ap~raved variance.
Capies of OSHA Part 1910 and 1926. Conatruccion lndustry Standards and
Interpretacionl. may be obtained from:
Superintendent of DOCWlU!nts
u.s CaYerament Printing Office
W..hin;tou. D.C. 20402
SOIL CONS&JN ATION SERVICE
SUPPLEMENT TO OSHA PAIlTS 1910 AND 1916
CORSTltUCTION INDUSTRY STANDARDS AND IN1'!lPltETATIONS
GEHEIAL CONTRAC'I'Olt REQUIltEMENTS
1.1 SAFETY PltOGiAK. Each contractor is to demonstrate tnat he or
.be bas facilities far conducting a s.fety progra. commensurate witn
the vork under contract. The contractor is to submit in writing a
propo.ed c~ehensive ..fety program to the contracting officer for
approYal before the start of construction operation.. The program is
to .pecifically .tate what provision. the contractor propo.e. to take
far the health and .afety of all em~loyeel. including .ubcontractors
and rental equipment operators. The program shall be .ite .pecific
and prOvide detail. relevant to the work to be done. the hazards
a.sociated with the work. ~nd tne actionl that vill be neceslary to
minimize the identified hazard..
1.1 PRECONSTltUCTION SAFETY MEETING. Representatives for the
contractor are to meet vith tne contracting officer (CO) or the CO's
representative before the start of construction to di.cus. the safety
program and tne implementation of all health and safety standards
pertinent to the work under this contract.
1.3 JOINT SAFEtY POLICY COKHITtEE. The contractor or designated
onlite representative is to participate in monthly meetings of a Joint
Safety Policy Committee. c~oled of
and contractor supervisory
personnel. At these meetines the contractor's project manager and the
contracting officer vill reYiev the effectivenel' of the contractor's
safety effort. resolve current he.lth and .afety problems. and
coordinate safety activities far upcoming work.
1.4 SAFETY PERSONNEL. Each contractor is to delignate a
competent superYilory em~loyee .ati,factory to the contracting officer
to aamini.ter the .afety program.
l.S SAFETr HEETIHaS. A ainimum of one "on-tne-job" or "toolbox"
safety meetiag is to be conducted each veek by all fiefd ~uperVisors
or foremen and attended by mechanics and all conltruction personnel at
the jobaite. the contractor is to .lso conduct regularly Icheduled
.upervisory safety .eetinga at leaat monthly for all level. of job
.upervision.
1.6 SAFETY INSPECTION. The contractor shall perform frequent and
regular safety inspections of the jobsite. material.. aud equipment.
and shall correct deficienciel.
t.7 FIIST AID TRAINING. Every coneraceor foreman's vork crew
muat include an em~Loyee vho haa a current firle aid cercificace from
the Kine Safeey and HeaLtb AdDiaiatration. American Red Cross. or
other state-approved organizaeion.
1.8 RElOBIS. Each contractor is to maintain an accurate record
of all job-related.deatb.. di..a.... or di.abling 1n]uries. The
records shall be uintained in.a manner allll~ed by tbe contracti11&
officer. A co~y of all rellorts is to be provided to the coneracting
officer. All fatal or aerioua injuriea are to be reported immediately
to the contracting officer. aad every as.istance il to be given in the
laY.atilation of the incident. including sub.t.sion of a co~rehen.ive
narrative re1'Ort to the contracting officer. Other occurrences with
.eriou. accident potential. .uch as equi~nt failures. slidea. and
cave-in.. muat also be re~orted ~di&tely. The contractor is to
a.si.t and cooperate fully vith the contracting officer in conduccing
accident inveacigations. The contracting officer is to be furnished
all informacion and data pertinenc to invescigacion of an accidence
rUST AID AND MEDICAL FACILITIES
2.1 FIIST AID KITS. A 16-unie first aid kit approved by the
Aaerican Red Crol' is to be provided at accellible. well-identified.
locaeiona at the ratio of at leaat 1 kit for each 25 e~loyees. The
fir.t aid kits are to be moistureproof and duattilht. and the contents
of the kits are to be rellleni.hed a. u.ed or a. they become
ineffective or outdated.
1.1 EHEIGEUCY FtIST AID. At least one employee certified to
admini.ter emereency first aid mu.t be available on. each shift and
duly de.iIDated by the contractor to care for injured em~loyeel. The
n.... of the certified e.~loyeel ahal1 be po.ted at the job.ite.
2.3. COHHUNICATION AND TRANSPORTATION. Prior to the stare of
work. the cantractor is to make necea.ary arrangements for prom~t and
da,.ndable communication.. tran.~ortation. and medical care for
iDjured em~loyeea. At 1ea.t one stretcher and tva blankets shall be
readily available for traaa~ortiag injured e~loyeea..
1~4 FIJtSr AID AND MEDICAL REPOIlTS. 'lb. contractor is to maintain
a record Iyatem for fir.t aid and medical treacaent on the jobaite.
Such record. are to be readily avei1able to the contractinl officer
and are to include--
<a) A daily treacaeat log listing chronologically all persons
treated for occu~ational injuries and illne.aea:
(b) Cumulative record of injury for each individual;
(c) Monthly scati.tical records of oceu~ational injuries.
cla..ified by type and nature of injury; and
Cd) Required record. for worker's com~en.ation.
2.S SIGNS AND DIRECTIONAL MAlXIHCS. Adequate identification and
directional marker. are co be ~rovided to readily denoce the locacion
of all fir.c aid .tationl.
2.6 EH!IGERCY LISTINC. A lilting of tele~hone numbers and
addrellel of doctor. re.cue squad. ho.~ital. police, and fire
de~rtmenta ia to be provided at all firlt aid locations.
PHYSICAL QUALIFICATION OF EMPLOYEES
3.1 GEH!IAL REQUIREMENTS. Persons em~loyed throughouc the
contract are Co be phy.ically qualified co perform their assigned
dutiea. ~~loyee. mult not knovingly be permitted or required to vork
while their ability or alertnea. i. impaired by fatigue, illne.s. or
any ather rea.on that may jeopardize themaelves or others.
3.2 HOIST oP!lAtoltS. O~eracors of crane.. cableways. and ocher
hoilting equipment .hall be examined annually by a phYliciau and
pravided with a certificacion .tating that they are phy.ically
qualified to .afely operate hoilcing equipment. The contractor is to
.ubmit a co~y of each certification to the contraccing officer.
3.3 MOTOR VEHICLE OPERAtoltS. Operacors of mocor vehicles engaged
primarily in Che traaa~ortation of ~er.onnel are to be 18 year. of age
or alder and have a valid .tate operator's permit or license for the
equi~nt being operated. The operators mu.c have p...ed a physical
examination adainiltered by a licen.ed phy.ician viChin the pase year
Shoving that they. are phy.ically qualified to o~erace vehicles safely.
PIISOHAL PROTECTIVE EQUIPMENT
4.1 HARDHAT AIEAS. The entire job.ite. with the.exce~tion of
officea, shall be conlidered a hardhat area. All per.o~s entering the
area are, without exce~tion, required to wear hardhata. 'DIe
contractor shall provide hardhat. far vi.itors entering hardhat area..
4.1.1 LABELS. Hardhats shall bear a manufacturer's label
indicating design com~liance with the appropriate ANSI (American
National Standards Institute) standard.
4.2 POSTING. Signs at least 3 by 4 feet worded as follows with
red letters (min~m 6 inches high) and white background shall be
erected at access points to designated hardhat areas:
CONSTRUCTION AllEA-HAIlDHATS REQUIRED
BEYOND THIS POINT
the.e siens are to be furnished and installed by the contractor at
entries to .ho~.. construction' yard.. and job access points.
MACHINEB.Y AND MECHANIZED EQUIPMENT
5.1 SAFE CONDITION. Sefore any machinery or mechani%ed equipment
is initially used on the job. it mu.t be in.pected and tested by
qualified personnel and determined to be in .afe operating condition
and appropriate for the intended use. Operators shall in.pect their
equipment prior to the beginning of each shift. Any deficiencies or
defects shall be corrected prior to using the equipment. Safety
equipment. such as .eatbelts. in.talled on machinery is to be used by
equipment o~erators.
5.% TAGGING AND LOCaNG. The controls of power-driven equipment
under repair are to be locked. AQ effective lockout and tagging
procedure is to be eatabli.hed. prescribing specific respon.ibilities
and safety procedures to be followed by the person or persons
performing repair work.
5.3 RAUL ROADS FOa EQUIPMENT
5.3.1 ROAD MAINTENANCE. the contractor shall maintain all
roadway.. including haul road. and access roads. in a .afe condition
so a. to eliminate or control duat and ice hazards. Wherever du.t is
a hazard. adequate dust-laying equipment shall be available at the
job.ite and utilized to control the duat.
5.3.1 SIHGLE-LANE HAUL ROADS. Single-lane haul roads with
ewo-vay traffic shall, have adequate turnouts. Where turnout. are not
practical. a traffic control sy.tem shall be provided to prevent
accidents.
5.4.2 P!IFORHANCE T!ST-POWEI. CB.ANES (Crawler lDOuated. truck
mounted, aad wheel mounted). The performance test is to be carried
out with outriggers let and with a test load weighing 110 percent or
the rated capacicy vhen the boom angle is from 30. to 60. above the
horizontal. The telt is to consist of raising, Lovering and braking
the load and rocatiag the test load through 360. at the specified boom
aaele or radius. Cranes equipped with jib. or boom tip extensions are
to be tested uling both the main boom and the jib. with an appropriate
test load in each cas..
5.4.3 P!IFOBMAHCE T!ST-O!JUlIas, GANnY CRANES, TOWEl. CRANES.
CABLEWAYS, AND HOISTS, INCLUDING OV!IBEAD CRANES. Thi. equipment is
to be performaace tested with a test load weighing 110 percent of the
rated load. Ia telting cablewaYI. the telc load is to be traveled to
the upstream and downstrea. limits of travel and thoroughly
performance tested in at least three travel posicions. including both
limits of travel.
5.4.4 BOOK ANGLE INDICATOR. Power cranes (includes draglines)
wiCh boom. capable of moving in the vertical plane shall be provided
with a boom angle indicator in good working order.
5.4.5 CRANE TEST CEI.TIFICATION. !he performance test required by
5.4.2 and 5.4.3 is fulfilled if the contractor provides the
contracting officer a copy of the certificate of inspection made
within the past 12 monchs by a qualified person or by a government or
private agency satisfactory to the contracting officer.
5.4.6 POSTING FOR HICH VOLTAGE LINES. A notice of the lO-foot
(or greater) clearance required by OSHA 1926.550, Subpart Nt shall be
pOlted in the operator's cab of cranes. shovels. boom-type concrete
PU~I, baCkhoes, and related equipment.
5.4.7 BOOK STOPS. Cranes or derriCks with cable-supported boom..
except draglines, shall have a device attached between the gantry of
the A-frame and the boom chords to limit the elevation of the boom.
the device shall control the vertical motions of the boom with
iacreasing resiltance from 83- or less, until completely stopping the
boom at not over 87- above horizontal. .
5.3.3 TWO-WAY HAUL ROADS. 011 tvo-vay haul road.. atTangement5
In to be luch that venicle. trnel on the rignt · ide vberever
po..ible. Sienl and traffic control device. are to be em~loyed to
indicaee clearly any variations froa a right-hand eraffic pattern.
'lb. road Ih.ll be vide enough to ~enU.t a.fe p....le a f O~pol ing
traffic. conaiderinl the t~e of h.uling equi~ent uaed.
5.3.4 DESIGN AND CONS'tauc-rION OF 1WJL ROADS. Raul ro.d deaign
criteria and dr.-inc', if reque.ted by the contracting officer. are to
b. lubmitted for a~~rov.l prior to road con.truction. Suatained
crade. Ih.ll not esceed 11 percent and all curvel anall h.ve
o,en-.i&ht line with .. great a radius .. ~ractical. All ro.d. shall
be ~o.ted with cune .ips and ......-- .~e.d limitl that vill permit
the equi~nt to be..co~ped vithin one-nalf the min~ ailht distance.
5.3.5 Ol'u.uoas. Machinery and mechanized equipment shall be
o~r.ted only by authori:ed qualified per.onl.
5.3.6 RIDISG ON EQUIFMEN't. Ridins an equipment by uuauthori~ed
per.oanel i. ~rohihited. Seating and ..fety beltl ehall be provided
for the o~erator and all paa.euser..
5.3.7 G&TrING ON OB. OFF EQUIPMENT. Getting on or off equipment
wile the equillll8nt is in mae.ion is pronihited.
5.3.8 ROUlS OF orElA'tION. Esce~t in emergencies. an equipment
o,eracor ahall nae. o,erate any mobile or hoi.cing equipment far mare
than 11 hour. vithout .n 8-bour re.e. intert.l .vay fr01ll the job.
5.4 powu. clANES AND 1l0IS'tS (nUCK CBANES. CBAWLEB. CRANES. TOWER
CIANES. GANT11Y clAHES. ~ CaANES. OEUICXS, CABLEWAYS. AND
BOIStS>
5.4.1 PEU'OaHANCE TES't. Before initial ouaice oper.cion. at
11-.anth interTal.. .nel afe.er major re~irl or modificacion. power
crane.. derricka. cabieva,.. .nd hoistl muse. .ac.i.faccoriiy co~lete a
performance teat to demanatrae.e the equi~t'a .bility to lafely
hedle and 1II&II&uver the rated load.. the tesca .hall be conducted in
the preaence of a representative of the contracting 9fficer, Teet
data Ih.ll be recorded anel a co~ furnished the contracting officer.
S.4.2 PEU'ORMAHCE TEST-POWEll CUNES (Crawler maunced, Cruck
mouated, aad wheel mounted). The performaace test is to be carried
out vieh outriglers let and with. test load veighing 110 percent of
the rated capacicy vhen the boom aagle is from 30. to 60. above Che
horizoncal. the test is to conaist of raising, lovering and braking
the load and rocating the test load through 360. at the specified boom
aaele or radiua. Crane. equipped with jibs or boom tip excenaions are
to be ceated uaiag both the main boom and the jib. with an .ppropriate
test load in e.ch c....
S.4.3 P!IFOIHANCE '1'!ST-ODJUCXS, GAHTIY CIAHES, TOWER CRANES.
c.uLEWAYS. AND HOISTS. INCLUDING OV!IHEAD CUNES. nab equipment i.9
to be performaace tested with . test lo.d weighing 110 percent of the
rated load. In testing cablevaya, the teat load is to be traveled Co
the upscream and downacream l~ic. of tr.vel and thoroughly
performance tested in .t leaae three travel pOlitions, including both
limits of tr.vel.
5.4.4 BOOK ANGLE INDICATOR. Paver cranes (includes draglines)
with boom. cap.ble of moving in the vertical pl.ne sh.ll be provided
with . boom .ngle indica Cor in good working order.
5.4.5 CIANE TEST CERTIFICATION. the performance test required by
5.4.2 and 5.4.3 is fulfilled if the contraccor providea the
contracting officer a copy of the certificace of inapection made
within the pa.t 12 months by a qualified person or by a government or
privace agency satisfactory to the contracting officer.
5.4.6 POSTING Foa HICH VOLTAGE LINES. A notice of the lO-foot
(or greater) clearance required by OSHA 1926.550, Subp.rt N, sh.ll be
POlted in the oper.tor's cab of cranea, shovels, boom-type concrete
pwaps, b.ckhoes. and related equipment.
5.4.7 BOOK STOPS. Cranes or derricka with cable-supported boom..
except draclines, shall have a device attached betveen the gantry or
the A-frame aad the boom chords to l~it the elevation of the boom.
the device shall control the vertical motions of the boom with
increasing resistance from 83. or les., until completely stopping the
bOOlll at not over 87. above horizontal.
SPECIAL PRO~SIONS
1. Accident Prevention and Safety Measures: The contractor
shall comply with the OSHA Part 1926, Construction Standards
and Interpretations, in effect on the date of issuance of the
invitation for bids, and with the SCS supplement to OSHA PART
1926.
2. Clean Air and Water Clause: (Applicable only if the contract
exceeds $100,000, or the contracting officer has determined
that orders under an indefinite quantity contract in anyone
year will exceed $100,000, or a facility to be used has been
the subject of a conviction under the Clean Air Act (41
U.S.C.1857c-8(c) (1) or the Federal Water Pollution Control
Act (33 U.S.C. 1319(c)) and is listed by the Environmental
Protection Agency (EPA) or the contract is not otherwise
exempt.
A. The contractor agrees as follows:
(1) To comply with all the requirements of Section 114
of the Clean Air Act (42 U.S.C. 1857, et seq, as amended
by Public Law 91-604) an Section 308 of the Federal Water
Pollution Control Act (33 U.S.C. 1251, 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, and all regulations and guidelines issued
thereunder before the award of this contract.
(2) The term "Water Act" means Federal Water pollution
control Act (33 U.S.C. 1251 et seq, as amended by
Public Law 92-500) .
(3) The term "clean air standards" means any enforce-
able rules, regulations, guidelines, 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. 1857c-5(d)), an
approved implementation procedure or plan under Section
111(c) or Section 111(d), respectively, of the Air Act,
or an approved implementation procedure under Section
112 (d) of the Air Act (42 U.S.C. 1857c-7(d)).
(4) The term "Clean Water Standards" means any
enforceable limitation, control, condition, prohibition,
standard, or othe requirement which is promulgated
pursuant to the Water Act or contained iri a permit issued
to a discharger by the EPA or by a state under an
approved program, as authorized by Section 402 of the
Water Act (33 U.S.C. 1342), or by a local government to
ensure compliance with pretreatment regulations as
required by Seciton 307 of the Water Act (33 U.S.C. 1317).
(5) The term "compliance" means compliance with clean
air or water standards. Compliance shall also mean
compliance with a schedule or plan ordered or approved by
a court of competent jurisdiction, the EPA or an air or
water pollution control agency in accordance with the Air
Act or Water Act and regulations issued pursuant thereto.
(6) The term "faCility" means any bUilding, plant,
installation, structure, mine, vessell or other floating
craft, location or site of operations, owned, leased or
supervised by a contractor, or subcontractor, to be
utilized in the performance of contract or subcontract.
Where a location or site of operations contains or in-
cludes more than one bUilding, plant, installation or
structure, the entire locaiton shall be deemed to be a
facility ,except where the Director, Office.of Federal
Activities, Environmental Protection AgencY,.determines
that independent facilities are colocated in one
geographical area.
3.
Equal
for contracts
(a) F CC 257 - Monthl Utilization Re ort. All prime
contractors and subcontractors performing work on federally
funded projects are required to complete Form CC 257, listing
their aggregte work force in each trade on all projects, both
federally funded and non-federally funded, in the covered
area. Each prime and subcontractor must also attach a listing
of all projects (both federal and non-federal in the Plan
Area included herein). The accompanying list must provide
the following information:
1. Name and location of project.
2. OWner project (City, County, Private)
3. Project number, if any.
4. Percent complete.
5. Dollar amount of contract.
6. Estimated date of completion.
Prime contractors are responsible for collecting the Form
CC 257 and the listing of all projects (both federal and non-
federal) in excess of $10,000 from each of his subcontractors
performing work on this project. The prime contractors will
then forward their Form CC 257 and all of their
subcontractor's Forms CC 257 and project list information to:
REGIONAL ADMINISTRATOR FOR OFccp/ESA-O
u. S. DEPARTMENT OF LABOR
SUITE 7B75, 61 FORSYTH STREET SW
ATLANTA, GA 30303
Failure to submit the Standard Form CC 257 by the fifth day of
each month constitutes noncompliance with Executive Order
11246. Noncompliance is grounds for the issuance of a legal
Show Cause Notice for an informal hearing, authorized by OFCCP
Rules and Regulations 41 CFR Part 60-0.7. Such a hearing
could result in cancellation, termination, or suspension of
the contract..
(b) Reoortina Subcontractors The prime contractor shall
provide written notification to the Regional Administrator of
the Office of Federal Contract Compliance Programs, within 10
workinq days of award of any consideration work under the
contract resultinq from this solicitation. The notification
shall list the following:
1. Name of contractor
2. Address
3 . Telephone number
4. Employer's identification number
5. Estimated dollar amount of the subcontract
6 . Estimated starting and completion dates
7 . Geographical area in which the contract is
performed, i.e., city, county, state, etc.
Send information to:
REGIONAL ADMINISTRATOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS - ESA
DEPARTMENT OF LABOR
SUITE 7B75, 61 FORSYTH STREET SW
ATLANTA, GEORGIA 30303
(c) EEO-1 Reoortinq Reauirements
(1) Each construction prime contractor and first
tier subcontractor who has 50 or more employees on
total corporate or company payroll and signs a
direct federal or financially assisted contract or
subcontract amounting to $50,000 or more, shall
file reports on Standard Form 100 (EEO-1 to the
Joint Reporting Committee.
(2) Each contractor or subcontractor required in
paragraph (1) above shall submit an EEO-1 to the
Joint Reporting Committee and shall also file an
EEO-1 to the Office of Federal Contract Compliance
Programs, U. S. Department of Labor, Suite 7B75, 61
Forsyth Street SW, Atlanta, Georgia 30303, WITHIN
30 DAYS after award of such contract or subcontract
as mentioned in paragraph (1) above, UNLESS such
contractor or subcontractor has already submitted
an EEO-1 report to the Joint Reporting Committee
within 12 months preceding the date of award of a
NRCS federal or federally-assisted contract.
(d) Contractors and subcontractors may obtain EEO-1
reporting forms by writing to:
JOINT REPORTING COMMITTEE
2401 E STREET NE
WASHINGTON, DC 20506
USDA NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
FINAL/PARTIAL COMPLETION CERTIFICATE
Sponsor:
Agreement No.:
DSR Site(s) :
I hereby certify that I have inspected the repair work for
the site(s) listed above; and that to the best of my
knowledge it is in accordance with the plans and
specifications that have been provided to the Natural
Resources Conservation Service; that the quantities are
correct; and that the work herein has not been reported on
any previous estimate.
License No. and Expiration
Sponsor's Engineer
Date
I certify that the project has been constructed and the
required documentation from the sponsors, including their
engineer's certification, has been submitted to the Natural
Resources Conservation Service.
NRCS Engineer/Liaison Officer
Date