Res. No. 128-06-12269A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A $600,000 GRANT
AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL
RESOURCE CONSERVATION SERVICE (NRCS) BROAD CANAL DEBRIS REMOVAL &
EMBANKMENT RESTORATION; PROVINDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to accept grant from U.S. Department of
Agriculture, Natural Resource Conservation Service (NRCS); and
WHEREAS, NRCS and the City agree to install emergency watershed protection measures to
relieve hazards and damages created by Hurricane Wilma.
NOW, THEREFORE, BE ORDAINED 1 • • AND CITY COMMISSION •
• • FLORIDA
Section 1. That the Mayor and City Commission authorize the City Manager to accept a
$600,000 grants agreement with United States Department of Agriculture, Natural Resource
Conservation Service.
Section 2. The attached agreement is made a part of the resolution.
PASSED AND ADOPTED this day of _ , 2006.
ATTEST:
CITY CLERK`
TORNEY
COMMISSION VOTE:
4 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
absent
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
South Miami
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Dir ectoro
Public Works & Engineering Department
Date: July 25, 2006 Agenda Item No.:
Subject: Broad Canal Debris & Repair - Emergency Grant Agreement with U.S.
Department of Agriculture, Natural Resource Conversation Services.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT
A $600,000 GRANT AGREEMENT WITH UNITED STATES DEPARTMENT OF
AGRICULTURE, NATURAL RESOURCE CONSERVATION SERVICE (NRCS)
BROAD CANAL DEBRIS REMOVAL & EMBANKMENT RESTORATION;
PROVINDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to accept Broad Canal Debris & Repair Emergency
Grant Agreement with U.S. Department of Agriculture, Natural Resource
Conversation Services.
Reason/Need: After Hurricane Wilma last year, FEMA disapproved our request to fund
debris removal and embankment restoration along Broad Canal. We
immediately submitted a request for assistant to the United State
Department of Agriculture, through the division of Natural Resources
Conservation Services (NRCS). Since our first request, letter late last
year, we've had several meetings, site visits and application review
process with NRCS staff. On July 19th 2006, we received the attached
agreement committing to a grant not to exceed $600,000 towards the
project. It should be noted that the funding requires a 25% match. To fund
the required match, we are currently working on a $200,000 grant
application through Miami-Dade County (MDC) under their 2005 CDBG
Disaster Recovery Initiative. This $200,000 request to MDC will serve as
a match to this NRCS funding.
Cost:
$600,000 grant
Funding Source: U.S. Department of Agriculture, Natural Resource Conservation Services.
Backup Documentation:
❑ Proposed Resolution
❑ Agreement with NRCS
United States Department of Agriculture U= Qk
Natural Resources 2614 N.W. 43rd Street P.O. Box 141510
N RCSConservation Service Gainesville, FL 32606-6611 Gainesville, FIL 32614-15101
Phone: 352-338-9555 Fax: 352-338-9578
July 18, 2006
W. Ajibola Balogun, REM, CFEA
Public Works and Engineering Director D.
City of South Miami R E C" " E V E Do
4795 S.W. 75b Avenue
Miami, FL 33155 J U L 19 2006
RE: Project Agreement No. 69-4209-6-1667 ENGINEERING &
CONSTRUCTION
Dear Mr. Balogun:
Enclosed is one (1) fully executed original copy of Project Agreement No. 69-4209-6-1667
between the City of South Miami and NRCS relative to the Emergency Watershed Protection
Program. Receipt of this project agreement constitutes the notice to proceed in accordance with
the requirements as outlined in the project agreement.
Ramon Santiago will serve as the NRCS liaison for the project subject sub j - ect agreement.
As set forth in the project agreement (Clause B.10) a pre-design conference will need to be
scheduled to set the design parameters for the job prior to commencement of the work. Please
schedule a pre-design conference with Mr. Santiago. Mr. Santiago can be reached at
(941) 729-6804 (office) or 352-538-4560 (cell).
In addition, prior to commencement of the work and or solicitation of bids, submit for NRCS
review, the preliminary design, construction specifications, and drawings as set forth in the pre-
design conference (Clause B.11).
Also prior to commencement of the work and or solicitation of bids, submit for NRCS review,
the Quality Assurance Plan (Clause B.12).
If you have any questions, please do not hesitate to call me at 352 -338 -9557.
Sincerely,
Jesse T. Wilson
State Conservation Engineer
Enclosure
cc: T. Niles Glasgow, State Conservationist, Gainesville, FL
Bruce Hawkins, ASTC Administration, Gainesville, FL
Lynn Merrill, Contracting Officer, Gainesville, FL
Jeff Schmidt, Area Conservationist, West Palm Beach, FL
Christine Coffin, District Conservationist, Florida City, FL w/enclosure
Ramon Santiago, Agricultural Engineer, Davie, FL w/enclosure
The Natural Resources Conservation Service works in partnership with the American people
to conserve and sustain natural resources on private lands. An Equal Opportunity Employer
STATE: Florida
PROJECT: 125046
AGREEMENT NO.: 69- 4209 -6 -1667
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
THIS AGREEMENT is hereby entered into by and between the City of South Miami
hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States
Department of Agriculture, hereinafter called NRCS.
WITNESSETH THAT:
WHEREAS, under the provisions of Section 216 of Public Law 81 -516, Emergency
Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law
95 -334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural
disasters that cause a sudden impairment of a watershed, and
WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection
measures to relieve hazards and damages created by Hurricane Wilma.
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 constructed at an estimated cost not
to exceed $600,000.00.
Location Description DSR No.
Broad Canal . Remove debris to prevent erosion and stabilize channel CSM -001 W .
bank to prevent erosion and protect road.
1. Provide for accomplishment of the works of improvement described in Section A and
provide for their completion within 180 days from the time that this agreement is
executed and a notice to proceed is received. The Sponsor shall provide NRCS a copy
of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and
awarded contract, or other basis of cost and accomplishment.
2. Provide cash contribution for any portion of the required 25% of the actual cost of
constructing the emergency watershed protection measures described in Section A not
provided by in -kind construction services described in B.3.
3. If approved by MRCS, the sponsor may provide in -kind construction services
(materials, labor, and equipment). The Sponsor shall develop a Plan of Operation for
all in -kind construction services performed. The Plan of Operation shall be submitted
the plans and specifications, identify individuals with the expertise, describe items to be
inspected, list equipment required for inspection, outline the frequency and timing of
inspection (continuous or periodic), outline inspection procedures, and record keeping
requirements.
13. Upon receiving comments from NRCS, prepare the final design, construction
specifications, and drawings in accordance with standard engineering principles, design
parameters set forth in the pre - design conference, and the QAP. One set of the final
plans, specifications and QAP shall be submitted to NRCS for final review and
concurrence prior to solicitation of bids and/or commencement of work. The final
construction plans and specifications shall be signed and sealed approved by a
Professional Engineer registered in the State of Florida.
14. Provide construction inspection in accordance with the QAP.
15. 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. All modifications to the
plans and specifications shall be reviewed and concurred in by NRCS.
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 between the Sponsor and NRCS, listing his
or her duties, responsibilities, and authorities. Furnish this information in writing to
NRCS.
18. 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.
19. Arrange for and conduct final inspection of the works of improvement. The NRCS
Liaison, the Sponsor Liaison, and the Sponsor's design engineer shall participate in the
final inspection. 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.
20. For structural measures, prepare and submit for approval an Operation and Maintenance
Plan prior to completion of construction. Upon completion of the work, the Sponsor
shall assume responsibility for operation and maintenance of the works of improvement
installed.
21. 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.
22. Provide final as -built drawings and quantities to NRCS. As -built drawings and
quantities shall be certified by the engineer furnished by the Sponsor. The engineer
furnished by the Sponsor shall certify final quantities.
7. Designate an individual to serve as liaison between the NRCS and the Sponsor. The
major duties, responsibilities and authorities of the liaison will be to review and concur
with specifications and drawings for the works of improvement described in Section A,
assist in the final inspection of the works of improvement, certify along with the
Sponsor's Professional Engineer when all work has been completed according to the
specifications and drawings, and review the SF-270 and supporting documents,
approve, sign, and submit the SF-270 and supporting documents to NRCS for
reimbursement to the Sponsor.
8. Review, comment and concur on draft and final plans, specifications, and QAP as
described in Sections B. 11, B. 12 and B. 13.
D. IT IS MUTUALLY AGREED:
1. This agreement shall become null and void 90 calendar days after the date NRCS has
executed this agreement if a solicitation for bids has not been publicly advertised or a
contract has not been awarded.
2. This agreement shall be effective upon signature by NRCS. All work required under
this agreement shall be completed in accordance with B. 1.
3. That each party shall review, comment, and concur with the construction plans,
specifications, and quality assurance plans as identified in Sections B. 11, B. 12 and
B. 13 of this agreement.
4. Upon notification from the Sponsor of the completion of construction, NRCS shall
promptly review the performance of the Sponsor to determine if the requirements of
this agreement have been met.
5. The furnishing of financial and other assistance by NRCS is contingent on the
availability of funds appropriated by Congress from which payment may be made and
shall not obligate NRCS upon failure of the Congress to appropriate funds.
6. NRCS may terminate this agreement in whole or in part when it is determined by
NRCS that the Sponsors have failed to comply with any of the conditions of this
agreement. NRCS shall promptly notify the Sponsor in writing of the determination
and reasons for the termination, together with the effective date. Payments or
recoveries made by NRCS under this termination shall be in accordance with the legal
rights and liabilities of NRCS and the Sponsors.
7. This agreement may be temporarily suspended by NRCS if it determines that
corrective action by the Sponsor is needed to meet the provisions of this agreement.
Further, NRCS may suspend this agreement when it is evident that a termination is
pending.
8. Designated Liaisons may make adjustments to and between individual projects cost
without amendment so long as the total estimated amount described in A of this
agreement is not exceeded.
9. This Agreement may be executed in any number of counterparts and all of said
counterparts taken together shall be deemed to constitute one and the same instrument.
Receipt of a facsimile signature (followed promptly by an original executed
counterpart) shall be deemed receipt of an original.
Moor�Vvjjf.,
%#A-fj"p
L4 N WKIJ a W111 119 of a kyl I V UV I i
By.W. Aj ibola Balog n
Title: Public Works Director
Date: 7/10/06
"t
Signatory Official is authorized to make this
commitment on behalf of City of South
Miami.
,44'e t�za "f Y
V V V �Signature)
/ A ? /1p ZQQ G
By: V3 VP-p,
Title: State Conservationist Date:
Reviewed: O-D Date:
N4,
7
to
Sponsor agrees to comply with the following special provisions which are hereby incorporated
into this Agreement.
I. Drug Free Workplace
By signing this Agreement, the Sponsor is providing the certification set out below. If it is
later determined that the Sponsor knowingly rendered a false certification, or otherwise
violates the requirements of the Drug -Free Workplace Act, the Department of Agriculture
Natural Resources Conservation Service (hereinafter "Service "), in addition to other remedies
available to the Federal Government, may take action under the Drug -Free Workplace Act.
Controlled substance means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. § 812) and as further defined by regulation (21 C.F.R. §§ 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 and State criminal drug statutes;
Criminal drug statute atute means a Federal or State criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
Employee means the employee of a Sponsor directly engaged in the performance of work for
which the Service is providing funding, including (I) All direct charge employees; (ii) All
indirect charge employees, unless their impact or involvement is insignificant to the work
performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly
engaged in the work performed by the Sponsor and who are on the Sponsor's payroll. This
definition does not include workers not on the payroll of the Sponsor (e.g., volunteers, even if
used to meet matching requirements; consultants or independent contractors not the Sponsor's
payroll, or employees of subrecipients or subcontractors in covered workplaces).
CERTIFICATION.
A. The Sponsor certifies that it has or will continue provide a drug -fee workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the Sponsor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about:
(1) The danger of drug abuse in the workplace;
(2) The Sponsor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
II. Certification Regarding Lobbying 7 C.F.R. $ 3018) {Applicable if this agreement exceeds
$100,0Q01
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Sponsor, to any person for influencing or attempting to influence an officer or employee
of any agency, Member of Congress, and officer or employee of Congress, or a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement..
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form —
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The Sponsor shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Ill. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions, (7 C.F.R. § 3017)
(1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three -year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction, violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of awards, making false statements, or receiving stolen
property;
(3) To use their best efforts to comply with clean air standards and clean water standards
at the facilities at which the work under this Agreement is being performed.
(4) To insert the substance of the provisions of this clause in any nonexempt
subagreement, including this subparagraph A.
B. The terms used in this clause have the following meanings:
(1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. § 1857 et seq.,
as amended by Public Law 91 -604).
(2) The term "Water Act" means the Federal Water Pollution Control Act, as amended
(33 U.S.C. § 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)), an 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 pretreatment regulations as required by
section 307 of the Water Act (33 U.S.C. § 1317).
(5) The term "compliance" means compliance with the clean air or water standards.
Compliance shall also mean compliance with the schedule or plan ordered or
approved by a court of competent jurisdiction, the Environmental Protection Agency,
or any air or water pollution control issued pursuant thereto.
(6) The term "facility" means any building, plant, installation, structure, mine, vessel or
other floating craft, location or site of operations owned, leased or supervised by a
Sponsor, to be utilized in the performance of an agreement or subagreement. - Where
a location or site of operations contains or includes more than one building, plant,
installation, or structure, the entire location shall be deemed to be a facility except
where the Director, Office of Federal Activities, Environmental Protection Agency,
determines that independent facilities are located in one geographical area.
V. Assurance and Compliance
As a condition of the grant or cooperative agreement, the Sponsor assures and certifies that it
is in compliance with and will comply in the course of the agreement with all applicable laws,
regulations, Executive Orders and other generally applicable requirements, including those set
ATTACHMENT B - SPECIAL PROVISIONS
I. EQUAL OPPORTUNITY (SCS- AS -83)
II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION) (SCS- AS -83)
III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
VI. CERTIFICATION OF NONSEGREGATED FACILITIES (SCS -AS -818)
VII. STANDARD FEDERAL EQUAL EMLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
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 contractor contract modification subject to Executive Order No. 11246 of September
24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and Federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the Equal
Opportunity (Federally Assisted Construction) clause as may be imposed upon
Contractors and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part 11, Subpart D, of the Executive Order. In addition, the Contracting Local
Organization agrees that if it fails or refuses to comply with these undertakings the
administering agency may take any or all of the following actions: Cancel, terminate, or
SCS -AS -818
Rev. 4 -70
File Code AS -14
VI. CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to federally assisted construction contracts and related subcontracts exceeding
$10,000 which are not exempt from the Equal Opportunity Clause.)
The federally assisted construction contractor certifies that he /she does not maintain
or provide for his/her employees any segregated facilities at any of his/her establishments,
and that he /she does not permit his /her employees to perform their services at any location,
under his/her control, where segregated facilities are maintained. The federally assisted
construction contractor certifies further that he /she will not maintain or provide for his/her
employees any segregated facilities at any of his/her establishments, and that he /she will not
permit his/her employees to perform their services at any location, under his/her control,
where segregated facilities are maintained. The federally assisted construction contractor
agrees that a breach of this section is a violation of the Equal Opportunity Clause in this
contract. As used in this caption, the term "segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race, color, religion,
or national of because of habit, local custom, or otherwise. The federally assisted
construction contractor agrees that (except where he /she has obtained identical certifications
from proposed subcontractors for specific time periods) he /she will obtain identical
certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that
he /she will retain such certifications in his/her files.
NOTE - The penalty for making false statements in offers is prescribed in 18 U.S.C. 1 001.
Contractor: To be announced
Signature:
Title: Date:
4. The Contractor shall implement the specific affirmative action standards provided in
Paragraphs 7.a. through 7.p, of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female tuition that the Contractor
should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing
construction work in geographical areas where they do not have a Federal or Federally
assisted construction contract shall apply the minority and female goals established for
the geographical area where the work is being performed. Goals are published
periodically in the Federal Register in notice of and such notices may be obtained from
any Office of Federal Contract Compliance Programs or from Federal procurement
Contracting Officers. The Contractor is expected to make substantially uniform progress
toward meeting s goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either
minorities or women shall excuse the Contractors obligations under these specifications,
Executive Order 1 1246, or the regulations promulgated pursuant thereto. .
6. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractors compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully, and shall implement affirmative action
steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation and
coercion at all sites, and in all at which the Contractors employees are assigned to
work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other on -site supervisory personnel are aware of and carry out
the Contractors obligations to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers of each
minority and female off -the- street applicant and minority and female referral from a
union, a recruitment source or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the union
2
recruit other minority persons and women and, where reasonable, provide after
school, summer and vacation employment to minority and female youth both on the
site and in other areas of a Contractors workforce.
j. Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer and vacation
employment to minority and female youth both on the site and in other areas of the
Contractors workforce.
k. Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60 -3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities 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
die Contractors obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that
separate or single -user toilet and necessary changing facilities shall be provided to
ensure privacy between the sexes.
o. Document and maintain a record 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 supervisor adherence to and performance
under the Contractors EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in
achieving one or more of the affirmative action obligations (Paragraphs 7.a. through 7.p.).
The efforts of a contractor association, joint contractor - union, contractor- community, or
other share group of which the Contractor is a member and participants may be asserted as
g any one or more of its obligations under Paragraphs 7.a. through 7.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 Contractors minority and female workforce participation, makes a good faith effort to
meet its individual goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor's and failure of such a group to an
obligation shall not be a defense for the Contractor's noncompliance.
4