Item O2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REVISED
MEETING DATE: JANUA I~Y 19, 2000
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: NO
DEPARTMENT: COUNTY ADMINISTRATOR
AGENDA ITEM WORDING: Approval of two new Cooperative Agreements for Canal sediment removal between
Monroe County, the Natural Resources ConselVation SelVice (NRCS) -1st Cooperative Agreement, and the South
Florida Resource ConselVation and Development Council (SFRC&D) - 2nd Cooperative Agreement. This is for Duck Key
sediment removal project resulting from Hurricanes Georges' and Irene.
ITEM BACKGROUND: Due to the time period restraints by NRCS, the County and State funding originally allocated and
Presently remaining (approximately $380K in County funding has not been obligated) for canal cleaning and canal
Sediment removal in the original Cooperative Agreemenl (Hurricanes Georges' and Mitch) must be transferred to two
new Cooperative Agreements linking any remaining County and State funds 10 the new declared disaster "Hurricane
Irene". The remaining County and State funding is to be rolled into two new Hurricane Irene Cooperative Agreements in
order to Complete the Duck Key Project which is unable to start until the Spring of 2000 due to the lengthy permitting
process Required by the Federal Govemment. These new Cooperalive Agreements are to use the remaining County
and State funds Originally authorized for the first Cooperative Agreement with Addendum as amended by BOCC action.
This approval will not require any additional funding authorization by the BOCC. It is anticipated that the cost to the
County for engineering and administrative costs will be approximately $230K, which has been approved by the BOCC
previously. The two separate Cooperative Agreements were desired by NRCS due to the fact that they are paying for all
construction repair costs ($3 million) and Ihe County will pay only for administrative and engineering costs (approximately
$230K) by a separate Cooperative Agreement with the SFRC&D.
PREVIOUS RELEVANT BOCC ACTION: Approval of the Canal Cleaning Cooperative Agreement and Addendum in
1999 for a previous funding match of $1,119,941. Approximately $380K remains of Ihat match that has not been
obligated.
STAFF RECOMMENDATION: Approval of new Cooperative Agreement with NRCS and SFRC&D to complete the last
Project (Duck Key sedimenl removal and breakwater restoration).
TOTAL COST: -0-
BUDGETED: N/A
COST TO COUNTY: -0-
REVENUE PRODUCING: NO
AMOUNT PER MONTH NEAR: N/A
APPROVED BY: County Attomey XXX
OMB/Purchasing XXX
Risk Management XXX
DIVISION DIRECTOR APPROVAL
- ~'---Z-{--:1~
JAMES L. ROBERTS, County Administrator
DOCUMENTATION: Included XXX
To Follow
Not Required
AGENDA ITEM #
I.. O~
DISPOSITION:
COOPERATIVE AGREEMENT
AGREEMENT NO.
STATE: FLORIDA
MONROE COUNTY COMMISSION
SOUTH FLORIDA RC&D COUNCIL, INC.
COOP ERA TrVE AGREEMENT
THIS AGREEMENT, made this day of , 2000, by and between the
Monroe County Commission, called the County; and the South Florida Resource Conservation &
Development Council, Inc., called the Council.
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:
I. 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
COOPERATIVE 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 Fonn 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 witj1 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] 5, 7-CFR 3016,
OMB Circulars A-I02, A-87, A-]28, and other rules referenced in 7-CFR 3015.
I I. 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 penn its, 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 date appearing in the first paragraph and shall
continue in effect until the purpose of the agreement has been fulfilled.
E. APPROVED
~ Monroe County Commission
By:
This action is authorized at an official meeting
of the
on the day of
at
Title:
State of Florida.
Date:
Date:
(Signature)
~ South Florida Resource Conservation &
~ Development Council. Inc.
By:
This action is authorized at an official meeting
of the
on the day of
at
Title:
State of Florida.
Date:
Date:
(Signature)
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 provisions
which are hereby attached to this agreement.
I. Drua-Free Work~laoe
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 with
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, 0
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 or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged i
the performance of work under the grant and who are on the grantee's
payroll. This definition 'does not include workers not on the payroll
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 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), (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 performanc
of work done in connection with a specific project or other agreement
IX. certifioation Reaardina Lobbvina (7 CFR 3018) (Applioable if thi
aqreement exceeds $100,000) - The sponsors certify to the best c
their knowledge and belief, that:
(1) No f~deral appropriated funds have been paid or will be paid, by
or on behalf of the sponsors, to any person for influencing or
attempting to influence an officer or employee of an agency, Member c
Congress, and officer or employer of Congress, or a Member of CongreE
in connection with the awarding of any Federal contract, the making c
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 pai
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 Form - LLL, "Disclo~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 at
all tiers (including subcontracts, sUbgTants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipientE
shall certify and disclose accordingly.
This certification is a material representation of ~act.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.~
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.
certifioation Reaardina Debarment. SusDension. and other
ResDonsibilitv Matters - primary Covered Transaotions.
(7 cn 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 ren~ered 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 certifioation
(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 (33
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)
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).
(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.
1857c-5(d)), and approved implementation procedure
or plan under section 111(c) or section 111(d),
respectively, of the Air Act (42 U.S.C. 1857c-6(C)
or (d), 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, 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
comp~iance 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 to
be used'has been the subject of a conviction under the Clean Air Act
(42 U.S.C. 1857c-B(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 agreeme
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 30B 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 Compliance
As a condition of the grant or cooperative agreement, the recipient
assures and certifies that it is in compliance with and will comply i
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 whic
hereby are incorporated in this agreement by reference, and such othE
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, bookE
papers, or documents'related to this agreement. Retain all records
related to this agreement fo~ a period of three years after completic
of the terms. of this agreement in accordance with the applicable OMB
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
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 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 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, thac 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, 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 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
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
$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.
NRCS-ADS-S19
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
"segregated 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-S5
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, aex, 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 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
I notice to be provided advising the said labor uni0n 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 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. "Director" 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. "Minority" includes:
(i) alack (all persons having or1g1ns in any of the
alack 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 o"f .
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 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 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
construction 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.
l. 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 CONSERVATION SERVICE
SUPPLEMENT TO OSHA PAUS 1910 AND 1926
CONSnUCTION INDUSTRY STANDARDS AND INTERPRETATIONS
The contractor shall co~ly vith OSHA (Occupational Safety and Health
~iailtration) Parts 1910 and 1926, Conatruction Indultry Standards
and Interpretationa, and with .thia lupplement.
iequeltl for variances or waivers from this supplement are to be made
to the contracting officer in writing supported by evidence that every
realonable effort ha. been made to comply with the contractual
requirements. A written reque.t for a waiver or a variance shall
inc lude--
(1) Specific reference co the provision or standard in quescion;
(2) An explanation a. to why the waiver is considered justified;
and
(3) .The contractor's propoled alternative. including technical
dravings, materials, or equipment specifications needed to
enable the contracting officer to render a decisiou.
No waiver or variance will be approved if it endanger. any person.
The contractor shall not proceed under any requested revision of a
provision until the coneractinl officer haa given written approval.
The contractor is to hold and .ave har=lea. the
free from any
cla~ or cauaes of action whatsoever resulting from the contractor or
subcontractors proceeding under a waiver or approved variance.
Copies of OSHA Part 1910 and 1926, Conatruction Industry Standards and
Interpretations. may be obtained from:
Superintendent of Documents
U.S Government Printing Office
Washington. D.C. 20402
SOIL CONSEJlV ATION SERVICE
SUPPLEH!NT TO OSHA PAlTS 1910 AND 1926
CORST1UCTION INDUSTRY STANDARDS AND INT!Rl'lETATIONS
GENERAL CONTRACTOR REQUIREMENTS
1.1 SAFETY P1OGIAK. Each contractor is to demonstrate that he or
Ihe ha. facilities for conducting a safety program commensurate with
the vork under contract. The contractor is to submit in vriting a
proposed co=prehenlive safety progrKm to the contracting officer for
approval before the atart of construction operations. The program is
to .pecifically Itate what provi.ion. the contractor propo.e. to take
for the health and .afety of all employees, including subcontractors
and rental equipment operator.. The program .hall be site specific
and prOvide detail. relevant to the work to be done, the hazards
a..ociated with the work. ~nd the actions that will be necessary to
minimize the identified hazard..
1.2 PR!CONSTRUCTION SAFETY MEETING. Re~resentatives for the
contractor are to meet with the contracting officer (CO) or the CO's
representative before the start of construction to di.cuss the safety
program and the implementation of all health and safety standards
pertinent to the vork under this contract.
1.3 JOINT SAFETY POLICY COKHITT!E. The contractor or designated
on.ite representative is to participate in monthly meetings of a Joint
Safety Policy Committee, c~o.ed of
and contractor supervisory
personnel. At these meeting3 the contractor's project manager and the
contracting officer vill rewiev the effectiveness of the contractor's
safety effort, re.olve current health and safety problems, and
coordinate safety activities for upcoming work.
1.4 SAFETY PERSONNEL. Each contractor is to designate a
competent superYisory e~loyee .atisfactory to the contracting officer
to administer the safety program.
1. S SAFETY MEETINGS. A .inimum of one "on-the-job" or "toolbox"
safety meeting is to be conducted each veek by all fiefd 'supervisors
or foremen and attended by .echanics and all construction personnel at
the jobsita. the contractor is to .1.0 conduct regularly scheduled
.uperYi.ory safety meetings at le..t monthly for all levels of job
luperYiaion.
1.6 SAFETY INSPECTION. The contractor shall perfo~ frequent and
regular safety inspections of the jobsite, materials, aud equipment,
and shall correct deficiencies.
1.7 FIISt AID TRAINING. Every contractor foreman's work crew
muat include an em~loyee wbo baa a current first aid cercificate from
tne Kine Safety and Health Administration. American Red Cross. or
other state-a~proved organization.
1.8 REPOItS. Each contractor is to maintain an accurate record
of all job-related.death.. disea.e.. or di.abling lnJurie.. The
record. .hall be caintained in'a manner approved by the contracting
officer. A copy of all reports is to be provided to tne contracting
officer. All fatal or .eriou. injurie. are to be reported immediately
to the contracting officer. and every a..i.tance is to be given in the
inve.tigation of the incident. including lubmi..ion of a com~rehen.ive
narrative report to the contracting officer. Other occurrences with
serious accident potential. sucb a. equi~nt failures. slides. and
cave-in.. muat alao be reported immediately. The contractor is to
a..ilt and cooperate fully with the contracting officer in conducting
accident investigations. The contracting officer is to be furnished
all information and data pertinene to investigation of an accident.
rUST AID AND MEDICAL FAClLI'IItS
2.1 FIRST AID KITS. A 16-unit first aid kit approved by the
~erican Red Cro.. is to be provided at acce.sible. well-identified.
locations at the ratio of at lea.t 1 kit for each 25 e~loyees. The
fir.t aid kit. are to be moistureproof and du.ttight. and the contents
of the kits are to be replenished a. used or a. they become
ineffective or outdated.
2.2 EH!IGEUCY FIIST AID. At lea.t one employee certified to
admini.ter emergency first aid must be available on.each shift and
duly de.ignated by the contractor to care for injured em~loyees. The
n.... of the certified employees shall be po.ted at the jobsite.
2.3. COHKUNICATIOH AND TRANSPORTATION. Prior to the start of
york. the contractor is to make nece..ary arrangements for prom~t and
dspendable commuaication.. tran.~ortation. and medical care for
injured em~loyee.. At lea.t one stretcher and tvo blankets shall be
readily available for tr~porting injured em~loyee..'
1~4 FIKST AID AND MEDICAL REPOR.TS. The contractor is to maintain
a record .y.tem for fir.t aid and medical treacmeuc on the job.ice.
Such record. are to be readily available to the contracting officer
and are to include--
ea> A d.ily treacaent log lilting chronologically all perlons
treated for occupational injuries and illne.ses:
(b) Cumulative record of injury for each individual:
(c) Monthly statistical records of occupational injuries.
cla'lified by type and nature of injury; and
(d) Required records for worker', compensation.
2.S SIGNS AND DIRECTIONAL MABKINGS. Adequate identification and
directional marker I are to be provided to readily denote the location
of all firlt aid .tationl.
2.6 EMElGtRCY LISTING. A liating of telephone numbers and
addrel.e. of doctor. relcue squad. hOlpital. police. and fire
de~rtmenta is to be provided at all first aid locations.
PHYSICAL QUALIFICATION OF EMPLOYEES
3.1 GENERAL REQUIREMENTS. Persons employed throughout the
contract are to be physically qualified to perform their assigned
duties. Employees mu.t not knowingly be permitted or required to vork
while their ability or alertne.s is impaired by fatigue. illness. or
any other rea. on that may jeopardize themselves or othera.
3.2 HOIST OPERATORS. Operators of cranes. cableways. and other
hoilting equipment .ha11 be examined annually by a phy.ician and
provided with a certification stating that they are phYlically
qualified to .afely operate hoi.ting equipment. The contractor is to
.ubait a copy of each certification to the contracting officer.
3.3 MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged
primarily in the tran.portation of personnel are to be 18 years of age
or older and have a valid .tate operator's permit or license for the
equipment being operated. The operators must have pa.sed a physical
examination administered by a licensed physician within the pa.e year
Shoving that they. are physically qualified to operate vehicles safely.
pasOHAL PROTECTIVE EQUIPMENT
4.1 HARDHAT AIEAS. The entire job.ite. vith the. exception of
offices. shall be considered a hardhat area. All perso~s entering the
area are. without exception. required to wear hardhat.. the
contractor shall provide hardhat. for vi.itors entering hardhat area..
4.1.1 LABELS. Hardhats shall bear a manufacturer's label
indicating design compliance with the appropriate ANSI (American
National Stanaards Institute) standard.
4.2 POSTING. Signs at least 3 by 4 feet worded as follows with
red letters (minimum 6 inches high) and white background shall be
erected at acce.. points to designated hardhat areas:
CONSTRUCTION AREA--KARDHATS REQUIRED
BEYOND THIS POINT
these sign. are to be furnished and installed by the contractor at
entries to shop.. construction' yard.. and job acce.s point..
MACHINERY AND MECHANIZED EQUIPMENT
5.1 SAFE CONDITION. Before any machinery or mechani:ed equipment
i. initially used on the job. it mu.t be inspected and tested by
qualified personnel and determined to be in .afe operating condition
and appropriate for the intended uae. Operators shall inspect 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 seatbelts. installed on machinery is to be used by
equipment operators.
5.1 TAGGING AND LOClCING. The controls of power-driven equipment
under repair are to be locked. An effective lockout and tagging
procedure is to be established. prescribing specific responsibilities
and safety procedures to be followed by the person or persons
performing repair work.
5.3 HAUL ROADS FOR EQUIPMENT
5.3.1 ROAD MAINTENANCE. The contractor shall maintain all
roadways. including haul roads and access roads. in a safe condition
so as to eliminate or control dust and ice hazard.. Wherever duat is
a hazard. adequate du.t-laying equipment shall be available at the
jobsite and utilized to control the dust.
5.3.1 SINGLE-LANE HAUL ROADS. Single-lane haul roads with
~ay traffic shall, have adequate turnouts. Where turnouts are not
practical. a traffic control .ystem shall be provided to prevent
accidents .
S.4.2. PEllORMANCE TEST-POWER CRANES (Cr.wler mounted. truck
mouated, aad wheel mouated). The perform.ace test is to be carried
out with outriggers let aad with a test lo.d weigbing 110 percent of
the rated c.p.city when the boom angle is from 30. to 60. above the
horizoncal. The test is to consist of raising, lowering and braking
the lo.d .nd roc.cing the cest load through 360. at the specified boom
.Dlle or radius. Crane. equipped with jibs or boom tip extensions are
to be ce.ced using both the main boom and the jib. wich an appropriate
te.t load in each c....
S .4.3 P!IFOBMAKCE TEST-{)!Rl.Ia5, GANTRY CRANES, roWER CRANES.
CABLEWAYS, AND HOISTS, INCLUDING OVEBBEAD CRANES. Thia equipment is
to be performance tested with a test load weigbing 110 percent of the
raced load. In testing cablewaya, the test load is to be traveled to
the up. cream and downstre.m li=ics of travel and thoroughly
performance tested in at lea.t three travel positions. including both
limits of travel.
5.4.4 BOOM ANGLE INDICATOR. Pover cranes (includes draglines)
with booms capable of moving in the vertical plane shall be provided
with a boom angle indicator in good working order.
5.4.5 CRANE TEST CERTIFICATION. The performance test required by
5.4.2 and 5.4.3 is fulfilled if the contractor provides the
contraccing officer a copy of the cercificace of inspection made
wiChin the past 12. monChs by a qualified person or by a government or
privace agency sacisfaccory to the concraccing officer.
5.4.6 POSTING FOR HIGH VOLTAGE LINES. A nocice of the lO-foot
(or greater) clearance required by OSHA 1926.550, Subpart N. shall be
posted in the operator's cab of cranes. shovels. boo~type concrete
pu~., backhoes, and related equipment.
5.4.7 BOOK STOPS. Cranes or derricks with cable-supported boo~.
excepc 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
increasing resistance from 83. or les8, until completely stopping the
boom at not over 87. above horizontal.
5.3.3 TWO-WAY HAUL ROADS. On tvo-vay haul roada. ar-raqements
are to be .uch that vehicles travel on ehe right aide wherever
po.sible. Slen' and traffic control device. are co be em~loyed to
indicate clearly any variations fram a right-hand traffic pattern.
the road .h.ll be vide enough to permit ..fe p....ge 0 f 01'1'0' ing
traffic. cou.idering the type of h.uling equipment used.
5.3.4 DESIGN AND CONSy&uctION OF HAUL ROADS. H.ul road design
criteria and dravilll't if reque.ted by the contr.cting officer. are co
be lubcicced for approv.l prior to ro.d con.truction. SUlt.ined
crade. shall not exceed 11 percent .nd .11 curve. shall have
o,.n-.ilht line vith a. gre.t . radius a. practical. All roads shall
ba po.ted vith CUrTe .ign. and ~.y~ftWtm s~eed limitS th.t vill permit
the equipment to be.scopped vithin one-n.lf the mia~ sight diltance.
5.3.5 0p1lAtQB.S. Machinery and mech.nued equipment shall be
o~rseed only by autho-ri:ed qu.lified per.on..
5.3.6 RIDIBG ON EQUIFMEHT. Riding on equipment by unauthori%ed
personnel i. prohibited. Seating and s.fety belt' sh.ll be provided
for the operator and all paasenger..
5.3.7 GlUING ON 0& OFF EQUIPMENT. Getting on or off equipment
waile the equipment is in motion is prohibited.
5.3.8 HaUlS OF OPEKA~ION. Except ia emergencies. an equipment
operator Ih.ll not operate any mobile or hoi.ting equipment for more
thaD. 11 hour' without .n 8-hour re.t intenal aw.y from ehe job.
5.4 POWEll CIAHES AND HOISTS (tRUCK CRANES. CaAWLE& CRANES, TOWER
CIANES, CANTltY cBANES, HAlliElUlEAD CaANES, DEUICKS, CABLEWAYS. AND
HOISTS)
5.4.1 p!IlORHANCE TEst. Before initi.l ouaice operation. at
l1-maath interTal.. and .fter major repairs or modification. power
crane.. derrick.. c.blevaY't and hoi.e. must I.ti.factorily co~lete a
performance teat to demauatrate the equivment', .bility to .afely
handle and maaeuver the rated lo.ds. the te.e. sh.ll be conduceed in
tbe pre.ence of a represent.tive of the contracting 9fficer! Telt
d.ta Ihall be recorded aad . copy furui.hed the contracting officer.
5.4.2 P!JlFORMANCE TEST-POWER CllANES (Crawler mounted. truck
mounted, and vheel mounted). The ~erformance test is to be carried
out vith outriggers let and with a test load veigning 110 percent of
the rated ca~acity vhen the boom angle is from JO. to 60. above the
horizontal. The test is to consist of raising. lowering and braking
the load and rotating the test load through 360. at the Ipecified boom
aagle or radius. Cranes equi~~ed vith jibs or boom ti~ extensions are
to be teated u.ing both the main boom and the jib. with an appropriate
teat load in each cas..
5.4.3 P!IFOBMANCE TEST-DEIllICXS, GANTRY CRANES, TOWER CRANES.
CABLEWAYS, AND HOISTS, INCLUD ING OV!RHEAD CRANES. This equi pmen tis
to be ~erformance tested with a test load weighing 110 percent of the
rated load. In testing cablevay,. the test load is to be traveled to
the upstream and downltream l~ita of travel and thoroughly
performance tested in at lea.t three travel positions. including both
limits of travel.
5.4.4 BOOM ANGLE INDICATOR. Paver cranes (includes draglines)
with bOOm8 capable of moving in the vertical plane shall be provided
with a boom angle indicator in good working order.
5.4.5 CRANE TEST CERTIFICATION. The performance test required by
5.4.2 and 5.4.3 is fulfilled if the contractor provides the
contracting officer a co~y of the certificate of in.pection made
within the past 12 months by a qualified person or by a government or
private agency satisfactory to the contracting officer.
5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice of the lO-foot
(or greater) clearance required by OSHA 1926.550, Subpart Nt shall be
posted in the operator's cab of cranes, shovels. boom-type concrete
pumps, backhoes. and related equipment.
5.4.1 800K STOPS. Cranes or derricks with cable-supported booma.
exce~t draglines, shall have a device attached betveen the gantry or
the A-frame and the boom chorda to l~it the elevation of the boom.
the device shall control the vertical metions of the boom with
iacreasing resistance from 83- or les., until completely stopping the
boom at not over 87. above horizontal.
SPECIAL PROVISIONS
I. 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) (I) 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) That portion of the work required by this contract
will be perforn~d in a facility listed on the
Environmental Protection Agency List of Violating
Facilities on the date when this contract was awarded
unless and until the EPA eliminates the name of such
facility or facilities from such listing.
(3) To use his best efforts to comply with clean air
and clean water standards at the facilities in which
the contract is being performed.
(4) To use the substance of the provisions of this
clause in any nonexempt subcontract, including this
subparagraph.
B. The terms used in this clause have the following mean-
ings:
(1) The terms "Air Act" means the Clean Air Act (42
U.S.C. 1857 et seq, as amended by Public Law 94-604) .
(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
llO(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 co located in one
geographical area.
3 . Eaual Emolovment Occortuni tv Recortina Reauirements: Equal
Employment Opportunity Reporting Requirements for contracts
over $10,000:
(a) Form CC 257 - Monthlv Utilization Reoort. 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) Recortinq 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 7975, 61 FORSYTH STREET SW
ATLANTA, GEORGIA 30303
(c) EEO-l ReDortinq 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-l 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-l
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
COOPERA TlVE AGREEMENT
AGREEMENT NO.:
STATE: FLORIDA
COUNTY: MONROE COUNTY
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
IN-KIND CONTRIBUTION, COOPERATIVE AGREEMENT,
OPERA TION AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made this day of , 2000, by and
between the Monroe County Commission called the Sponsor; and the Natural Resources
Conservation Service, United States Department of Agriculture, called NRCS.
WITNESSETH THAT:
WHEREAS, under the provisions of Section 216 of Public Law 81-5 I 6, 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 watershed and
WHEREAS, the Sponsor and NRCS agree to a plan which provides for restoration of certain
works of improvement referenced in Section A.
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. IT IS AGREED that the following described work is to be performed at an estimated cost
of $3,000,000.00, exclusive of engineering, construction inspection and contract
administration costs.
EVENT:
LOCATION
HURRICANE IRENE, Oct. 14.1999
DESCRIPTION OF WORK. ESTIMATED COST
Duck Key, Monroe Co.
Removal of sediment in perimeter $3,000,000.00
canal and reconstruction of breakwater
per approved DSR
B. THE SPONSOR WILL:
I. Contract for construction of the works of improvement described in Section A and
provide for their completion within 200 days from the time that this agreement is
executed and a notice to proceed is received. The Sponsor will provide NRCS a copy
of each solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and
awarded contract.
2. Provide in-kind contribution of design, construction inspection, and contract
administration. The value of the in-kind contribution is estimated to be 25 percent of
the estimated construction cost.
1
3. 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.
4. Provide certification (sign 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.
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 moneys due in connection with the
contract. Any moneys collected will be distributed to the parties in the same ratio as
contributions are made.
6. 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.
7. Submit billings for reimbursement to NRCS on Form SF-270, Request for Advance or
Reimbursement.
8. 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.
9. 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.
10. Upon completion of the work from the Sponsor, assume responsibility for operation
and maintenance of the works of improvement installed. Operation and maintenance
is required as follows:
(a) For placement of riprap and canal debris removal measures (non-structural),
Sponsor will not allow Hurricane Irene
material to be redepositied into improved areas for a period of one year after
completion of installation of the works of improvement.
(b) For measures other than placement of riprap and canal debris removal
(structural), the Sponsor will provide a written Operation and Maintenance
Agreement and Plan prior to solicitation for the installation of the works of
improvement.
II. 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.
2
12. Administer their action under this agreement in accordance with 7 CFR 30 IS, 7 CFR
3016, OMB Circulars A-I 02, A-87, A-128, and other rules referenced in 7-CFR 30 IS.
13. 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.
14. Prepare a design, construction specifications, and drawings in accordance with
standard engineering principles. The construction plans for measures other than
stream debris removal and disposal shall be reviewed and approved by a Professional
Engineer registered in the State of Florida prior to submittal to NRCS.
IS. 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.
16. Ensure that any special requirements for compliance with environmental and/or
cultural resource laws are incorporated into the project.
17. Designate an individual to serve as liaison officer between the Sponsor and NRCS,
listing his or her duties, responsibilities, and authorities. Furnish this information in
writing to NRCS.
18. 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.
C. NRCS WILL:
1. Provide 100 percent of the cost of constructing the works of improvement. The
estimated cost to NRCS is $3,000,000.00.
2. Not be substantially involved with the technical or contractual administration of this
agreement, but will provide advice and counsel as needed.
3. 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.
4. 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.
5. Designate an individual to serve as liaison officer between the NRCS and the Sponsor.
The NRCS engineer assigned to the project will serve in this position. The major
duties, responsibilities and authorities of the liaison officer will be to review and
approve specifications and drawings for DSRs that include structural measures, assist
in the final inspection of the contract, 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.
The point of contact for other administrative issues is the District Conservationist.
3
D. IT IS MUTUALLY AGREED:
1. That the costs incurred by the Sponsor for surveys, design, inspection, and contract
administration will be valued at 25 percent of the estimated construction cost.
2. 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.
3. This agreement shall be effective on the date appearing in the first paragraph and shall
continue in effect until the purpose of the agreement has been fulfilled.
4. That each party shall review and approve construction plans as identified in Section B.
14 and C.5 ofthis agreement.
5. Upon notification from the Sponsor of the completion of construction, NRCS shall
promptly review the performance of the Sponsor to determine if the requirements of
this agreement have been met.
6. 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.
7. 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.
8. 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.
9. The program or activities conducted under this agreement will be in compliance with
the nondiscrimination provisions contained in the Titles VI and VII of the Civil Rights
Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes:
namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, and the Age Discrimination Act of 1975. They will also be in
accordance with the regulations of the Secretary of Agriculture (7 CFR-I5, Subparts A
& B), which provide that no person in the United States shall on the grounds of race,
color, national origin, age, sex, religion, marital status, or handicap be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity receiving federal financial assistance from the
Department of Agriculture or any agency thereof.
4
E. APPROVED:
MONROE COUNTY COMMISSION
(Name of Sponsor)
By:
This Action is authorized at an official
meeting of the on the
_ day of , at
State of Florida.
Title:
Date:
(Signature)
Date:
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
By:
Title:
Date:
5
ATTACBHENT A - SPECXAL 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
VX. EXAMINATION OF RECORDS
ATTACHHENT A - SPECXAL PROVXSIONS
The signatories agree to comply with the following special provisions
which are hereby attached to this agreement.
I. Drua-Free Wor~laoe
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 130S.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 with
the responsibility to determine violations of the Federal or state
criminal drug statutes;
Criminal druq statute a means a Federal or non-Federal criminal
statute involving the manufacturing, distribution, dispensing, use, 0
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 or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged i
the performance of work under the grant and who are on the grantee's
payroll. This definition 'does not include workers not on the payroll
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 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), (b),(c),(d),(e) and
(f) .
--
(h) Aqencies 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 performanc
of work done in connection with a specific project or other agreement
IX. certification Reaardina Lobbvina (7 CFR 301B) (Applioable if thi
aqreement exceeds $100,000) - The sponsors certify to the best 0
their knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by
or on behalf of the sponsors, to any person for influencing or
attempting to influence an officer or employee of an agency, Member 0
Congress, and officer or employer of Congress, or a Member of Congres
in connection with the awarding of any Federal contract, the making 0
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 t~an Federal appropriated funds have been pai
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 Form - LLL, "Disclo~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 at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordinqly.
This certification is a material representation of ~act.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 Reaardina Debarment. Suspension. and other
Responsibility Matters - Primary Covered Transactions.
(7 CD 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 jUdqment ren~ered 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.
xv. 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 (33
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 fallows:
(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 clause have the following meanings:
(4)
( 1)
(2)
(3 )
(4)
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 11738,
'an applicable implementation plan as described in
section 110(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 111(d),
respectivelY, of the Air Act (42 U.S.C. 1857c-6(c)
or (d), or an approved implementation procedure
under section 112(d) of the Air Act (42 U.S.C.
1857c-7(d)).
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-B(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 agreeme
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 30B 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 i
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 whic
hereby are incorporated in this agreement by reference, and such othe
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, books
papers, or documents' related to this agreement. Retain all records
related to this agreement fo~ a period of three years after completic
of the terms. of this agreement in accordance with the applicable OMS
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
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 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 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, 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
$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.
NRCS-ADS-S19
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-S1B
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
"segregated 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 ~he
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 is U.S.C. 1001.
Contractor
Signature
Title
Date
NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (EXECUTIVE OORER 11246)
1. The Offeror's or Bidder's attention is called to the "Equal
Opportunity Clausen and the nStandard Federal Equal Employment
Specificationsn 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)
ouirng 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 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
I 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.
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. "Director" 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. "Minority" includes:
(i) Black (all persons having or1g1ns 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 CFR
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 Compl.iance 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.
5. 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 conmitment 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.
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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 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 Contractor's employment needs, especially those
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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
construction 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 CONS!JlVATION SEJlVIC!
SUl'PLE!S!NT TO OSHA pA,US 1910 AND 1926
CONSTRUCTION INDUSTRY STANDAJlDS AND INTERPRETATIONS
The contractor shall co~ly with OSHA (Occupational Safety and Health
Ad.iai.tration) Pares 1910 and 1926. Conatruction Induatry Standards
and Iate~retation.. and with .thi. .upplement.
!eque.ts for variances or waiver. fr~ thia supplement are to be made
to the contracting officer in writing supported by evidence chat every
rea.onable effort haa been made to comply with the contractual
requirement.. A vriteen request for a waiver or a variance shall
inc lude-
(1) Specific reference co the provision or standard ia quescion.
(2) An explanation aa to why the waiver is considered justified:
and
(3) .The contractor's proposed alternative. including tecbnical
drawings. material.. or equipment specificatioas needed to
enable the contracting officer to render a decisiou.
No waiver or variance will be approved if it endanger I aay perlon.
the contractor shall not proceed under any reque.ted revi.ion of a
provision uneil the con~racting officer haa given written approval.
The contractor is to hold and save har=leaa the
free from any
cla~ or cauaea of action vbataoever resulting from the contractor or
subcontractors proceeding under a waiver or approved variaace.
Copies of OSHA Part 1910 and 1926. Conatruction Indu.try Standards and
Interpretationa. may be obtained from:
Superintendent of Documents
U.S Government Printing Office
Waahington. D.C. 20402
SOIL CONSEIVATION SERVICE
SUPPLEMENT TO OSHA PARTS 1910 AND 1916
CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS
GEHERAL CONTRACTOR REQUIREMENTS
1.1 SAFETY PROGaAK. Each contractor is to demon.trate that he or
Ihe ha. facilities for conductinc a .afety procra. commen.urate vith
the vork under contract. The contractor is to submit in writing a
pro~o.ed ca=prehensive safety progr~ to the contracting officer for
'~~roTal before the atart of con.truction operation.. The program is
to I~ecifically Itate what provi.ions the contractor ~ropo.e. to take
for the health and .afety of all em~loyees. including subcontractors
and rental equipment o~erators. The program shall be site specific
and prOvide details relevant to the vork to be done. the hazards
a.sociated with the work. ~nd the actions that vill be necessary to
minimize the identified hazards.
t.2 PRECONSTRUCTION SAFETY MEETING. Representatives for the
contractor are to meet vith the contracting officer (CO) or the CO's
re~resentative before the start of construction to discuss the safety
program and the implementation of all health and safety standards
pertinent to the work under this contract.
1.3 JOINT SAFETY POLICY COKKlTIEE. The contractor or designated
onsite re~resentative is to participate in monthly meetings of a Joint
Safety Policy Committee. cOMpo.ed of
and contractor supervisory
personnel. At these meetings the contractor's project manager and the
contracting officer vill reYiev the effectivenes. of the contractor's
safety effort. re.olve current health and safety problems. and
coordinate safety activities far upcoming work.
1.4 SAFETY PERSONNEL. Each contractor is to de.ignate a
competent superYisory em~loyee .atisfactory to the contracting officer
to administer the .afety progr~.
1.S SAFETY MEETINGS. A .inimum of one "on-the-job" or "toolbox"
.afety meeting is to be coaducted each week by all fierd 'supervisors
or foremen and attended by mechanics and all construction personnel at
the job.ite. the contractor i. to .1.0 conduct regularly scheduled
supervisory safety meeting. at lea.t monthly for all levels of job
.u~erviaion.
1.6 SAFETY INSPECTION. The contractor shall perfo~ frequent and
regular safety inspections of the job.ice. materials. aud equipment.
and shall correct deficiencie..
1.7 FIlS! AID TRAINING. Every concraceor foreman's work crew
muae include an em~loyee who haa a currenC first aid certificate from
the Kine Safety and Health Administracion. American Red CrosS, or
other state-a~proved organizacion.
1.8 RElOBIS. Each contraccor is to maintain an accurate record
of all job-relaced.deacha. di..aae.. or diaabling injurie.. !he
recorda ahall be maintained in-a manner approved by che contraccing
officer. A copy of all reporCs is to be provided to the concraccing
officer. All facal or serioua injuries are co be reported immediately
co the concraccing officer. and every as.iatance is to be given in the
inveaeigacion of the incidenc. including submiaaion of a com~rehenaive
narracive re~rC to the contraccing officer. Other occurrences with
serioua accidene pocencial. luch aa equi~nc failures, slides, and
cave-ina. ~t also be reporced immediately. The concraccor is to
aaaiac and cooper ace fully with the concraccing officer in conducting
accident investig.eions. The coneraccing officer is to be furnished
all informacion and data pertinent to invescigation of an accident.
FIIST AID AND MEDICAL FACILITIES
2.1 FIlS! AID KITS. A 16-unic firse aid kic approved by the
American Red Croaa is to be provided aC acceasible. well-identified.
locacions aC the racio of at leaac 1 kit for each 25 e~loyees. The
firac aid kits are to be moiscureproof and duaccight. and the concents
of the kits are to be replenished as used or aa they became
ineffective or oucdated.
2.1 EH!ICEHCY rIIST AID. At leaat one em~loyee cercified to
adminiscer emergency first aid mu.t be available on. each shift and
duly designaced by che contraccor co care for injured em~loyees. The
names of the cercified employeel shall be poated at the jobsite.
2.3. COKHUNlCATION AND TRANSPORTATION. Prior to the stare of
york. the contractor is to make neceaaary arrangemenCs for prom~t and
d~pendable communicationa. trana~ortation. and medical care for
injured em~loyees. At leaat one streccher and cvo blankeCs shall be
readily available for cr~~orting injured employee'.'
1~4 FIIST AID AND MEDICAL REPORTS. The contractor is to maintain
a record sratea for firat aid and medical treacaeut on the jobsice.
Such recorda are to be readily available to the concraccing officer
and are co include--
ea> A d.ily treacaenC log lilting chronologically all persons
created for occupational injuries and illne.lel:
(b) Cumulacive record of injury for each individual:
(c) Monthly scaci.cical records of occu~acional injuries.
cl...ified by type and nature of injury; and
(d) Required recorda for worker's com~ensation.
2.5 SIGNS AND DIRECTIONAL MAlKINGS. Adequaee ideneification and
direccional marker. are to be ~rovided to readily denote the locacion
of all fir.c aid .tation..
1.6 EMERGENCY LISTING. A li.ting of tele~hone numbers and
add~e..e. of docto~. re.cue squad. ho.~ital. police, and fi~e
de~rcmenc. i. to be ~rovided at all firsc aid locationa.
PHYSICAL QUALIFICATION OF EMPLOYEES
3.1 GENERAL REQUIREMENTS. Pe~sons em~Loyed throughout the
conc~act are to be phy.ically qualified co perform their aaligned
dutie.. E.ployeea must not knowingLy be permitted or required to work
while their ability or alertness ia impai~ed by fatigue. illness. or
any other rea.on chat may jeopardize themaeLve. or others.
3.2 HOIST OPERATORS. Operators of cranea, cableway.. and other
hoisting equipment ahall be examined annually by a phy.ician and
provided with a certification statiag that they are phy.ically
qualified to safely operate hoisting equipment. The contractor is to
.ubmit a copy of each ce~tification to the cont~acting officer.
3.3 MOTOR VEHICLE OPERATORS. Ope~ators of motor vehicles engaged
prima~ilv in the traQs~ortation of ~e~aonnel are to be 18 year. of age
or older and have a valid .Cace ope~ator' s. permic or license for the
equi~nc being ope~aced. the ope~aco~s mu.t have passed a physical
examinacion admini.ce~ed by a licen.ed phyaician within the pase year
shoving that they. are physically qualified to ope~ate vehicles safely.
pasOHAL PROTECTIVE EQUIPMENT
4.1 HARDHAT AREAS. The entire job.ite. with the. exception of
office., shall be conside~ed a hardhat area. All perao~s entering the
area are, without exception, required to wear hardhata. 'nle
conc~acto~ shall provide ha~dhata for vi.itors entering hardhat areas.
4.1.1 LABELS. Hardhats shall bear a manufacturer's label
indicacing design compLiance vith the appropriate ANSI (American
National Standards Institute) standard.
4.2 POSTING. Signs at lealt 3 by 4 feet worded as follows with
red letters (minimum 6 inches high) and white background shall be
erected at access points to delignated hardhat areas:
CONSTRUCTION AREA--KARDHATS REQUIRED
BEYOND THIS POINT
these signs are to be furnished and installed by the contractor at
entries to shops, construction" yards. and jab access points.
MACHINERY AND MECHANIZED EQUIPMENT
5.1 SAFE CONDITION. Before any machinery or mechani%ed equipment
is initially used on the job. it mult be inspected and tested by
qualified personnel and dete~ined to be in lafe operating condition
and appropriate for the intended use. Operators shall inspect 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 seatbelts, installed on machinery is to be used by
equipment operators.
5.2 TAGGING AND LOC1CING. The controls of pover-driven equipment
under repair are to be locked. An effective lockout and tagging
procedure is to be established, prescribing specific responsibilities
and safety procedures to be followed by the person or persons
performing repair work.
5.3 HAUL ROADS FOR EQUIPMENT
5.3.1 ROAD MAINTENANCE. The contractor shall maintain all
roadways, including haul roads and access roads. in a safe condition
sa as to eliminate or control duat and ice hazards. Wherever dUlt is
a hazard, adequate dust-laying equipment shall be available at the
job.ite and utilized to control the dUlt.
5.3.2 SINGLE-LANE HAUL ROADS. Single-lane haul roads with
~O-V.1 traffic shall' have adequate turnouts. Where turnouts are not
practical, a traffic control system shall be provided to prevent
accidenta .
5.4.2 PEUORMANCE TEST-POWER CRANES <Crawler mounted, truck
mounted, aad vheel mounted). The performance test is to be carried
out vith outriggers set and vith a test load veighing 110 percent oi
the rated capacity vhen the boom angle is from 30. to 60. above the
horizontal. The test is to couaist of raising, lowering and braking
the load and rotating the test load through 360. at the specified boom
aUlle or radiu.. Cranea equi~~ed with jibs or boom ti~ extensions are
to be teated using both the main boom and the jib, with an appropriate
teat load in each c....
5.4.3 P!IFOBMANCE TEST-D!I1lICKS, GANTRY ClWfES, TOWER CRANES,
CA.BLEWAYS, AND HOISTS, INCLUDING OVERHEAD CKA.NES. This equipment is
to be ~erformance tested vith a test load weighing 110 percent of the
rated load. In testing c.blevays, the telt lo.d is to be traveled to
the up.tream and downstream li=itl of travel and thoroughly
performance tested in at leaat three travel poaitions, including both
limits of travel.
5.4.4 BOOM ANGLE INDICATOR. Paver cranes (includes draglines)
with booms capable of moving in the vertical plane shall be provided
with a boom angle indicator in good working order.
5.4.5 CRANE TEST CERTIFICATION. The performance test required by
5.4.2 and 5.4.3 is fulfilled if the contractor provides the
contracting officer a co~y of the certificate of inspection made
within the paat 12 months 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, Sub~.rt N. shall be
poated in the operator1s cab of cranes, shovels. boom-type concrete
pu~a, b.ckhoes, and related equipment.
5.4.7 BOOK STOPS. Cranes or derricks with cable-supported boo~.
except dr.gliaes, shall have a device attached betveen the gantry of
the A-frame and the boom chorda to limit the elevation of the boom.
the device shall control the vertical mations of the boom with
iucreasing resisc.nce from 83. or less, until completely stopping the
boom at not over 87. above horizontal.
5.3.3 nlO-WAY HAUL ROADS. ()Q tvo-vay haul road.. arrangements
are to be .ucb that vehiclea travel on the rilbt · ide wherever
po.aible. Sica. and traffic control devicea are to be em~loyed to
indicate clearly any variations from a right-hand traffic ~attern.
The road Ihall be vide enougb to ~ermit aafe ~aaaage of o~pa.ing
traffic. couaidering the type of hauling equi~ent used.
S.3.4 DESIGN AND CONS'II.UctION OF twJL ROADS. Haul road del ign
criteria and dravia.&', if requeated by the contracting officer. are to
be .ubcitted for a~~roYal ~riar to road canatructian. Suatained
;rad.a .hall not exceed 11 ~ercea.t and all curvea shall have
o,en-.ight line vith aa great a radiua aa ~ractical. All roads shall
be ~oac.d vith CUrTe aipa and 1lIlIl!w-i-tlll 'lIeed limits that vill permit
the equi~nC to be..COllped vithin one-half the min~ sight diltance.
5.3.5 OPILUOIS. Machinery and mechanued equipment shall be
o~rated only by authorized qualified peraans.
5.3.6 lUDIRG ON EQUll'ME!fI'. Riding an equipment by ut1&uthori%ed
perlaanel i. ~robibited. Seating and .afety beltl .hall be ~ravided
for the olleracor and all ~aaaeD.lera.
5.3.7 GlTrING ON 08. OFF EQUIPMENT. Getting on or off equipment
while the equipment is in motion i. prohibited.
S.3.8 HOUlS OF Ol'EaA'IION. Esc.~t in emergencies. an equipment
ollerator .hall not allerate any ~bile or haiating equivment for more
than 11 hours without an 8-bour reat interTal away fram. the job.
5.4 powu. clANES AND HOISTS (nUClC CRANES. CRAWLER CRANES. TOWER
CIANES. GANTRY cBANES. HAlliEIllEAD CRANES. DEUIC~. CABLEWA YS. AND
HOISTS)
5.4.1 p!IlOlHANCE TEst. Before initial ouaite operation. at
11-month interTal.. and after major repairs or modification. pover
cranea. derricka. cablewaya. and hoiata muat .ati.factorily ca~lete a
performance teat to clemau.traCe the equipmeaC'. ability to lafely
hedle and1D&ll8uver the rated laada. 'l'he te.ta sball be conducted in
the preaence of a representative of the contracting 9fficer, Tut
data Ihall be recorded and a callY furnisbed the contracting officer.
5.4.2 P!1lFORKANCE TEST-POWEI. CRANES (Crawler mounted. truck
mounted. and wheel mounted). the performance test is to be carried
aut with outriggers set and with a test load weighing 110 percent of
the rated capacity when the boom angle is from 30. to 60. above the
horizontal. The test is to consist of raiaing, lowering and braking
the load and rotating the test load through 360. at the specified boom
aucle or radiu.. Cranea equipped with jibs or boom tip extensions are
to be teated u.ing both the main boom and the jib. with an appropriate
teat load in each c....
5.4.3 PEI.FOBMANCE TEST-DDKICKS. GANTltY CRANES, 'IOWEI. CRANES.
CABLEWAYS. AND HOISTS, INCLUDING OV!RHEAD CRANES. This equipment is
to be performance tested with a test load weighing 110 percent of the
rated lo.d. In testing cablevaYI, the telt load is to be traveled to
the upstream and downstream limita of travel and thoroughly
performance tested in at lea.t three travel po.itions. including both
limes of travel.
5.4.4 BOOK ANGLE INDICATOR. Pover cranes (includes draglines)
with bOOm8 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. The 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 inspeceion made
within the pa.e 12 months by a qualified person or by a government or
private agency satisfactory to the contracting officer.
5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice of the lO-foot
(or greater) clearance required by OSHA 1926.550, Subpart N, shall be
po.ted in the operator's cab of cranes, shovels. boom-type concrete
pwaps, backhoes. and related equipment.
5.4.7 BOOK STOPS. Cranes or derricks with cable-supported booma.
except draglines. shall have a device attached between the gantry at
the A-frame and the boom chorda to limit the elevation of the boom.
the device shall control the vertical motions of the boom with
increasing resi.t.nce fro. 83. or lea., until completely stopping the
boom at not over 87. above horizontal.
SPECIAL PROVISXONS
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) (I) 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) That portion of the work required by this contract
will be perforn~d in a facility listed on the
Environmental Protection Agency List of Violating
Facilities on the date when this contract was awarded
unless and until the EPA eliminates the name of such
facility or facilities from such listing.
(3) To use his best efforts to comply with clean air
and clean water standards at the facilities in which
the contract is being performed.
(4) To use the substance of the prov1s10ns of this
clause in any nonexempt subcontract, including this
subparagraph.
B. The terms used in this clause have the following mean-
ings:
(1) The terms "Air Act" means the Clean Air Act (42
U.S.C. 1857 et seq, as amended by Public Law 94-604) .
(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. EOllal Emclovment Oooortunitv Reoortina Reauirements: Equal
Employment Opportunity Reporting Requirements for contracts
over $10,000:
(a) Form CC 257 - Monthlv Utilization Reoort. 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) ReDortinq 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 resultino 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-l 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-l 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-l 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-l
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.
Sponsor's Engineer
License No. and Expiration
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