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DEPARTMENT OFPUBLIC WORKS
AGENDA: SEPTEMBER 22, 1998
COUNTY OF SANTA CRUZ
GOVERNMENTAL CENTER
JOHN A. FANTHAMDIRECTOR OF PUBLIC WORKS
701 OCEAN STREET, SANTA CRUZ, CALIFORNIA 950604070
(831) 454-2160
FAX (831) 4542385
S e p t e m b e r 1 5 , 1 9 9 8
BOARD OF DIRECTORS- ZONE 6SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT701 Ocean StreetSanta Cruz, California 95060
SUBJECT: REDWOOD VILLAGE BUSINESS PROTECTION, DSR # 07-98-0117
Members of the Board:
During the past winter the United States Department of Agriculture NaturalResources Conservation Service (NRCS) prepared several Damage Survey Reports (DSRs) forlocations throughout the County where streambank erosion or damage occurred due to high waterand flooding. One such location is located in Flood Control District Zone 6 on Valencia Creek nearRedwood Village in Aptos. A DSR in the amount $11,000 was written (copy attached) to assistwith clearing of downed trees and revegetation of a small portion of the streambank.
We have recently received from NRCS the Cooperative Agreement (copies attached)which establishes the project requirements and funding percentages for the local share. NRCS willfund 75 percent of the work and credit an additional 10 percent toward in-kind services. Theestimated local share cash contribution is $1,650.00.
Similar to the other NRCS projects this past year, District staff is prepared tocoordinate with the Supervisor’s office, County Counsel, and the property owners to develop aproperty owners’ agreement with the County. Although the details of the property owners’agreement have yet to be worked out, NRCS has requested that we execute.the CooperativeAgreement to secure the funding for the work.
It is therefore recommended that your Board take the following action:
‘1. Authorize the District Engineer to sign the Cooperative Agreements for theRedwood Village Business Protection Project on behalf of the District.
BOARD OF DIRECTORS-ZONE 6Page -2- -CC238
2. Direct District staff to prepare a Property Owners’ Agreement for the projectand return to your Board for approval.
Yours truly,
+
JOHN A. FANTHAM ’\c District Engineer
DJH:mg
Attachments
RECOMMENDED FOR APPROVAL,:
County Administrative Officer
copy to: Raymond Miller, NRCSRich Casale, NRCSRixon Rafter, NRCSCounty CounselPublic Works
EMERGENCY WATERSHED PROTECTION
DAMAGE SURVEY REPORTfor
REDWOOD VILLAGE BUSINESS PROTECTION
Santa Cruz County, California 1’
DSR # 07-98-0117
Prepared By
USDA Natural Resources Conservation Service5161 Soquel Drive, Suite FSoquel, California 95073
Sponsored By
County of Santa CruzDepartment of Public Works
701 Ocean StreetSanta Cruz, California 95060
March 29,1998
.
EMERGENCY WATERSHED PROTECTION
DAMAGE SURVEY REPORTFor
REDWOOD VILLAGE BUSINESS PROTECTIONDSR # 07-98-I 530
TABLE OF CONTENTS
Damage Survey Report ................................................................................................... 1
Sponsor’s Letter of Request ............................................................................................ 2
Rational of Social/Economic Defensibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*.....3
Summary of Measures Proposed . . . . . . . . . . . . . . . . . . . . . ..*............................................................ 5
Environmental Evaluation Check Sheet . . . . . . . . . . . . . . . ..~........................................................ 7
Utility Check Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Engineer’s Cost Estimate .............................................................................................. 10
Location Map ................................................................................................................. 11
Site Plan and Detail ...................................................................................................... .I2
Site Photographs ........................................................................................................... 13
Form CA-PDM-4 (2/96)Exhibit No. 5
USDA NX'URX, B JXW&J~V~TW SERVICEEMZRGENCY WATERSEED PROTECTIONN g?gsszY -c"NywT*fttt*tt+ft~****tf***~*********~****~~i*i~*******~**t*******+*****j***
NOEVALUATION FACTORS: YESThreat to Life and/or Property. . . . . . :>(New Yazard Created byBeneficiaries -
Event. . . . .z. .
Can Sponsor 'L:R' 'e&:2-Are other Local & State Funds'Committed .A -Cost of Emergency Work $- /~,OC~O - .Near Term "benefitsEW Treatment: Code&$&$%i+ C o d eCode
Cl G Quan. +-?SAc CodeI\
SCE . SRC
ADM
APPROVED:State Consenrationist Representative
DATE:
*tttt++t+*+*++*t*c*t*~**~**~*~~*~***~*~*~*~*~****~*********t**~**~***
ATTACXMENTS: (attachments A, B, C D &-E must be completed & submittedwith this DSR).
Location/Plan map . . . . . . , . . . . . . . . , , . . . . . . . . AEconomic Defensibility. . . . , . . . . . . , . . . . , . . . . . , BCalculations/Cost Data. . , , . . . . . , . . _ . . . . . . . , , . CEnvironmental Evaluation. , . . . . . . W . DPhotographic Documentation. . . _ . . . . - 1 : : 1 : 1 : 1 : : 1 : &
I NKCS,CA February, 19% 414
DEPARTMENT OFPUBLIC WORKS COUNTY OF SANTA CRUZ
_GOVERNMENTAL CENTER 701 OCEAN STREET, SANTA CRUZ, CALIFORNIA 95060-4070
JOHN A. FANTHAM 1408) 464-2160DIRECTOR OF PUBLIC WO?KS
I I
FAX (408) 454-2385
April 3, 1998
HENRY s. WYMANDEPUTY STATE CONSERVATIONISTNATURAL RESOURCES CONSERVATION SERVICE2121-C Second Street, Suite 102 1‘
1’Davis, CA 95616 .
SUBJECT: EMERGENCY WATERSHED PROTECTION PROGRAM
Dear Mr. Wyman:
A great deal of damage has occurred in Santa Cruz County as a result of the recentdisastrous storms. Staff has observed significant erosion problems along the creek and river banksin many areas of the county, some of which are so severe to create an unsafe situation for nearbyresidents. Three different sites have been identified as possibly qualifying for grant funding underthe United States Department of Agriculture Natural Resource Conservation Service EmergencyWatershed Protection Program. Two sites are located on the San Lorenzo River, one at GoldGulch Drive near Felton and the other near Spring Creek Road just north of the town of BoulderCreek. The other site is located along a small tributary to Valencia Creek adjacent to RedwoodVillage in Aptos.
The purpose of this letter is to request that your agency conduct an assessment anddamage survey of these sites for eligibility under the Emergency Watershed Protection Program.We appreciate your staffs responsiveness to our request for assistance. Please contact Steve Stilesat 454-2 160 if you need any additional information from the County to get the process moving.Thank you for your support and assistance.
SHS:bbs
copy to: Rich Casale, Natural Resource Conservation ServiceSupervisor Jeff AlmquistSupervisor Walt SymonsCounty Administrative OfficeAlvin James, Planning Director
I
I
I
I
Exhibit No. 6Pqlof2
PRIORITY NO:
RATIONALE OF SOCIAL/ECONOMIC DEFENSIBILITYPRICE BASE 19
SJ
1. Properties Protected (Private!)
DepthDamaat Probability Near Term
Damage($)Value(S) Fact&' Damage($) Factor** -Properties
TOTAL+*(Prohbility of Occurace)l (m Ccrvesl
2. Properties Protected (Public)
.
e-TOTAL
3. Business Losses:
-AL, I
-dzzI -7; 5wI
-$%z3q. c:i,
+
/1- -...^__
xXTI&XE OF SOCIAL/ECONOMIC DEFENSTBnm m,
7. Recommendations:
c -- 4-*
b. Effects on Water Quantities: ni~nc(water conservation benefits)
C . Effects
Summary
a. Present
on Downstream Water Rights: .ULL *
value of nearLf
ter-m~damages to be sustained: &3;975,
b. Estimated cost of emergency work:2 3975 -‘:i#,BC"
j&27 .
a. Emergency work is economically justified and approval isre.commended.
Team Leader
C . Emergency tiork cannot be economically justified with dataavailable to team. Emergency work has the followingunevaluated benefits not included in the damage analysis.
IBeneficial Effects: .
Adverse Effects:
Based on unevaluated benefits, I recommend the project be(approvad/disAppsoved).
Team Leader Date
4NRCS. CA Febmw i996
40 4, !Page,' 0c945
Event Date & N--@ -
&pg--yg $4?i78 CAProject Code Date of Report State
Projects installed under (FS) supervisioncircle one
Measure UnitsCateaory Heasure Installed Unit8 Inetalled
010. .L
Area devoid of 011 Cor.tour furrowing Acrevegetation 012 ConLour tree fellixg Acre(gully(ies), 013 Diversionszall land- 014 Fencin gslides, Grade Sza5. Structure:burns, etc.) GlS New
016 Re?aFrP.evegezation017 Aerial seQ-';ng-u-
and/or fert.019 Drill seeding
and/or fert.019 Hand planting
SuSzotal
020Critical Road G21 Diversion
Grade stab. structure:022 NewC23 ReTairC24 ReshapingC25 Revegetate025 Wa:erbar
FeetFeet
NumberNurnjer
Acre
AcreAcre
Feet
NurhzrNun-.3e rFeetAcreFeet
Subtotal - Construction Cos;.
030,:
Da or Reservoir 031 Construct (new) Number(FRS or KPS) C32 Repair Nutier
Stitotal - Cbnstruction Cost
Constructioncosts
s e
$ +3
5 r\;RCS CA Februam 1998"1 . _'I
Pag-e 2 of 2rd r246
.deasureCatecorv Heasure Instailed-'GO.s.eSri6 or Basin or DamSect. Control 041 Coxtruct (r,ew)
042 Cleanout043 Repair044 Log boo%045 Sediment trar,046 Trash Rack
psoLevee, Dike,0 CT: e
S&total
051 Cozstruct (nev) Feet052 Repair Feet053 Revegezate Acre
Subzctal
NumberNumberNumberNumberNumberNumber
- Construction Cost
.
- Construction Cos:
Szreaa cr 061 Bank Stabilization FeetScrface Drain 062 Debris or SDS--. reriov Feet 500
Grade stab. structure:063 New N-mber064 Repair Nutier065 Reshape Acre066 Revege:ate Acr.e067 Emergency Floodway 'Feet
O - 2 5
Subtotal - Construction Ccst
Construction
s-6-
-s e-
9.
Total Constrcction Coet
hTCS, CA February; 1996
(390-V-NWSM, Amend. -1, July 1995)('7/95) EE-
-2-Q -7n-,\r ..I.^
*egg%Exhibit No. 10
eceaeary permita.
ECflTE;O" lch;ck one) :
Evaluation mdlcatee work should proceed. Includes situations-where long term beneficial effects outweigh short term adverse
[ 1 Continue evaluation for further information, Landuser will be.nformed not to proceed with work until evaluation is completed.
[ 1 Evaluation indicates significant adverse environmental effects<ill result. Explore other alternatives.
c
PREPARED BY:
\(390TV-IWSM, Amend. CM, July 1995)
71 4
EE-
iJTlLITY C H E C K WET
N -..A-.,“.,,..,,...er 5: c;eracor norifiedk-.7 0 sy ‘Li-Rom
HOV Date:
Cace:
.icrk t o b e c o n e When:
Engineer's Cost EstimateCaAreaZ-ENG-200 (02/93)
ENGINZZX'S COST Z.STIM;ITE
U. S. DEPARTMENT OF AGRICULTUfi
\Item
Work or F!aterial Spec. Estimated UnitNO. h-0. Quantitv
CnitPrice AnJun:
I
&ENG-i5-81
Improved Road- - - - - -- - - - - - Farm Road
u Building
f”‘\...d Natural Channel
I
I:U.S.&S. Quad Name
PRACTICE:- PRODUCER
Drawn by: ACP FARM NO.
Date drawn: COUNTY
: !
4
Er,ded StreaKbanks t82 be reveaetatedVI: _'-r! WC-7dy cutting. so7:e h;:!lds'ii.?ini; gf bank w!lere possi31e.
'rlTC.Id - . 2ut of viei/ in both phctosis -bout ZOC-3co cubic yards of debriscbstr:Jc:ing flows and t!;reateninsSLI sjresses ir the unr,amezi channelteicw.
In tkie 3ioto below a very largef e,jdood tree has slipped down t';et c. -1 I: a I~,! i n tc t hDLL'L 1 ;I c k i I:;
channel complct~lythe channel and endargepir,g
?ehcsd 'lillzge business, A ccveredLt.: dge ind a Ccunty road.
Thl s ai-sject will rer;:ove <eSiis fromtpnrcx-I::.ately 503 if cf c'ia1ne' 3rdre-?st?!)Iish wocdy vegetation on erodedstieairi)znks
-
NaturalResourcesConservationService
2121-C 2nd Street, Suite 102Davis, CA 95616(9161 757-8237
VfJygQ
hX’(916) 757-8381
September 10, 1998
Santa Cruz County Department of Public WorksAttention: Mr. Donald J. Hill, Senior Civil Engineer701 Ocean Street, Room 410Santa Cruz, California 95060
Dear Mr. Hill:
It appears the copies sent to you on April 15 got misplaced in the mail. Enclosed are additionalcopies of the project agreement for the Redwood Village Business Protection Emergency WatershedProject, DSR. 07-98-0117, for completion and concurrence by the appropriate person(s). Pleasesecure the necessary signatures and return at least two copies of the agreement for execution by theNatural Resources Conservation Service (NRCS).
Please complete and return one copy of the enclosed Form, SCS-ADS-78, Assurances andCertification Relating to Real Property Acquisition for this project. NRCS cannot sign the agreementto obligate federal funds until this form has been completed and received with the agreement.
Sincerely,
RAYMOND MILLERContract Specialist
cc:Mr. Carter D. Christenson, Area Conservationist, USDA, Natural Resources Conservation Service,
Salinas AO, CaliforniaMr. Charles K. Davis, State Conservation Engineer, USDA, Natural Resources Conservation Service,
Davis, CaliforniaMs. Susan K. Tharp, Acting State Administrative Officer, USDA, Natural Resources Conservation
Service, Davis, CaliforniaMr. Richard J. Casale, District Conservationist, USDA, Natural Resources Conservation Service,
Soquel, CaliforniaMr. Rixon J. Rafter, Project Engineer, USDA, Natural Resources Conservation Service, Half Moon
Bay, CaliforniaMr. Douglas W. Toews, Area Engineer, USDA, Natural Resources Conservation Service, Santa
Maria, California
The Natural Resources Conservation Service,rmerly the Soil Conservation Service,
4 4 %anagencyofthenited States Department of Agriculture
U.S. Department of AgricultureNatural Resources Conservation Service
ASSURANCES RELATING TOREAL PROPERTY ACQUISITION
A. PURPOSE - This form is to be used by sponsor(s) to provide the assurances to the Natural Resources ConservationService of the U.S. Department of Agriculture which is required in connection w ith the installation of projectmeasures which involve Federal financial assistance furnished by the Natural Resources Conservation Service.
B. PROJECT MEASURES COVERED -
Name of project
Identity of improvement or development
Location
c. REAL PROFCR71’ ACQUWTlON ASSURANCE -
This assurance is applicable if real property interests were acquired for the installation of project measures, and/or ifpersons, businesses, or farm operations were displaced as a result of such installation; and this assurance was notpreviously provided for in the watershed, project measure, or other type of plan.
If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have complied, to theextent practicable under State law, with the requirements of the Uniform Reloca tion Assistance and Real PropertyAcquisition Policies Act (42 U.S.C. 4601-4655), as implemented in 7 C.F.R. Part 21. Any exceptions taken from thereal property acquisition requirements under the authority of 42 U.S.C. 4655 be cause of State law have been or ishereby furnished to the Natural Resources Conservation Service along with the o pinion of the Chief Legal Officer ofthe State containing a full discussionof the facts and law furnished.
D. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS -
The undersigned sponsor(s) hereby assures that adequate real property rights and interests, water rights if applicabIe,permits and licenses required by Federal, State, and local law, ordinance or regulation, and related actions have beentaken to obtain the legal right to install, operate, maintain, and inspect the above-described project measures, exceptfor structures or improvements that are to be removed, relocated, modified, or salvaged before and/or during theinstallation process.
This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or other conse-quences in the event the real property rights are found to be inadequate during the installation process.
Furthermore, this assurance is supported by an attorney’s opinion attached hereto that certifies an examination of thereal property instruments and files was made and they were found to provide ade quate title, right, permission andauthority for the purpose(s) for which the property was acquired.
This form was electronically produced by Elite Federal Forms, Inc
44
STATE 1 California I t: rEWP PROJECT: Redwood Villaqe
. KS6
Business ProtectionAGREEMENT NO.:
UNITED STATES DEPARTMENT OF AGRICULTURENATURAL RESOURCES CONSERVATION SERVICE
COOPERATIVE AGREEMENT - LOCALLY AWARDED CONTRACT
THIS AGREEMENT is between the Santa Cruz Countv Department of Public Works,hereinafter called the Sponsor; and the Natural Resources ConservationService, 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 theAgricultural Credit Act of 1978, Public Law 95-334, NRCS is authorizedto assist the Sponsor in relieving hazards created by naturalthat cause a sudden impairment of a watershed, and
-WHEREAS, NRC-S and the Sponsor agree to install emergencyprotection measures to relieve hazards and damages created by1998.
disasters
watershedfloods of
NOW,THEREFORE, in consideration of the premises and of theseveral promises to be faithfully performed by the parties hereto asset forth, the Sponsor and NRCS do hereby agree as follows:
A. ltisagreed that the following described work is to be constructed atan estimated cost of $11,000.00.
Clearing and removal of debris obstructions and revegetation from 500 lineal feet ofstream channel along Valencia Creek, DSR # 07-98-0117.
B. The Sponsor will:
1 . Provide 25percent of the cost of the construction described inSection A through cash contribution and/or in-kind servicesapproved in this agreement.
Be allowed lopercent for in-kind services of the final cost of-construction toward the Sponsor's cost share. In-kind servicesapproved are for designing and inspecting the project. TheSponsor's cash contribution is 15percent of the cost of-
44 I
performing the works of restoration described in Section A.
The Sponsor's cash contribution is estimated to be $1,650.00.
2. The following individual is designated as the liaison betweenthe Sponsor and NRCS.
3.
(Name)
(Address)
(Phone)
Prepare a design, construction specifications, and drawings inaccordance with standard engineering principles and be incompliance with programmatic requirements. The constructionplans shall be reviewed and approved by the Sponsor prior tosubmittal to NRCS. The construction plans for measures otherthan stream debris removal and disposal will be reviewed andapproved by a Professional Engineer registered in the State ofCalifornia prior to submittal to NRCS.
4. Provide certification that real property rights have beenobtained for installation of emergency watershed protectionmeasures prior to advertising. Certification will be providedon Form SCS-ADS-78, Assurances Relating to Real PropertyAcquisition, as amended (no attorney's opinion is required).
5. Accept all financial and other responsibility for excess costsresulting from their failure to obtain, or their delay inobtaining, adequate land and water rights, permits, andlicenses needed for the emergency watershed protection measuresdescribed in Section A.
6. Contract for construction of the emergency watershed protectionmeasures described in Section A in accordance with applicablestate requirements.
7. Comply with the applicable requirements in Attachments A and Bto this agreement.
Pkge 3 of 6 k.4 C258
8.
9.
10.
11.
12.
13.
14.
15.
16.
Ensure that all contracts for construction of emergencywatershed protection measures include the provisions containedin Attachment B to this agreement.
Provide copies of site maps to appropriate Federal and Stateagencies for environmental review. Sponsor will notify NRCS ofenvironmental clearance, modification of construction plans, orany unresolved concerns prior to award of the contract(s) forconstruction of the emergency watershed protection measures.
Ensure that requirements for compliance with environmentaland/or cultural resource laws are incorporated into theproject.
Pay the contractor as provided in the contract(s). Submitbillings for reimbursement to NRCS on Form SF-270, Request forAdvance or Reimbursement.
Take reasonable and necessary actions to dispose of allcontractual and administrative issues arising out of thecontract(s) awarded under this agreement. This includes, butis not limited to, disputes, claims, protests of award, sourceevaluation, and litigation that may result from the project.Such actions will be at the expense of the Sponsor includinglegal expenses.
Arrange for and conduct final inspection of completed emergencywatershed protection measures. Certify that the project wasinstalled in accordance with contractual requirements.
Upon acceptance of the work from the contractor(s), assumeresponsibility for operation and maintenance, as applicable.
Hold and save NRCS free from any and all claims or causes ofaction whatsoever resulting from the obligations undertaken bythe Sponsor under this agreement or resulting from the workprovided for in this agreement.
Retain all records dealing with the award and administration ofthe contract(s) for 3 years from the date of the Sponsor'ssubmission of the FINAL Request for Reimbursement or untilfinal audit findings have been resolved, whichever is longer.If any litigation is started before the expiration of the 3-year period, the records are to be retained until thelitigation is resolved or the end of the 3-year period,whichever is longer. Make such records available to theComptroller General of the United States or his or her dulyauthorized representative and accredited representatives of the
44 \
Page 4 of 6 ~*tC;25g
U.S. Department of Agriculture or cognizant audit agency forthe purpose of making audit, examination, excerpts, andtranscripts.
C. NRCS will:
1.
2.
3.
4.
5.
6.
Provide 85 percent of the cost of constructing the emergencywatershedprotection measures described in Section A whichincludes lOpercent approved for in-kind services toward theSponsor's 25 percent cost share. This cost to NRCS is
estimated to be $9,350.00. If construction is not completed, NRCSis under no obligation for in-kind services incurred by theSponsor.
Not be substantially involved with the technical or contractualadministration of this agreement. However, NRCS will provideadvice and counsel as needed.
Review and approve construction plans as identified in SectionB.3 of this agreement.
Make payment to the Sponsor covering NRCS's share of the costupon receipt and approval of Form SF-270, Request for Advanceor Reimbursement.
Be available to conduct progress checks and participate infinal inspections.
The following individual is designated as the liaison betweenthe Sponsor and NRCS.
Rixon Rafter, Project Engineer
(Name)
785 Main Street, Suite. C
Half Moon Bay, California 94091
( A d d r e s s )
(415)7.26-4660
(Phone)
7
D. It is mutually agreed that:
1. This agreement is effective the date it is fully executed byall parties to this agreement. It shall become null and void
44
bage 5 of 6 Me-C C 360
90 calendar days after the date NRCS has executed thisagreement if a contract has not been awarded.
2. The furnishing of financial and other assistance by NRCS iscontingent upon the continuing availability of appropriationsby Congress from which payment may be made and shall notobligate NRCS if Congress fails to so appropriate.
3. The contract for performing the work described in Section Awill not be awarded to the Sponsor, or to any firm in which anySponsor official or any member of such official's immediatefamily has direct or indirect interest in the pecuniary profitsor contracts of such firms.
4. This agreement may be temporarily suspended by NRCS if NRCSdetermines that corrective action by the Sponsor is needed tomeet the provisions of this agreement. Further, NRCS maysuspend this agreement when it is evident that a termination ispending.
5. NRCS may terminate this agreement in whole or in part if it isdetermined by NRCS that the Sponsor has failed to comply withany of the conditions of this agreement. NRCS shall promptlynotify the Sponsor in writing of the determination and reasonsfor the termination, together with the effective date.Payments made by or recoveries made by NRCS under thistermination shall be in accord with the legal rights andliabilities of NRCS and the Sponsor.
6. The program or activities conducted under this agreement willbe in compliance with the nondiscrimination provisions ascontained in Titles VI and VII of the Civil Rights Act of 1964,as amended, the Civil Rights Restoration Act of 1987 (PublicLaw 100-259) and other nondiscrimination statutes, namelySection 504 of the Rehabilitation Act of 1973, Title IX of theEducation Amendments of 1972, the Age Discrimination Act of1975, and in accordance with regulations of the Secretary ofAgriculture (7 CFR-15, Subparts A and B) which provide that noperson in the United States shall, on the grounds of race,color, national origin, age, sex, religion, marital status, orhandicap be excluded from participation in, be denied thebenefits of, or be otherwise subjected to discrimination underany program or activity receiving federal financial assistancefrom the U.S. Department of Agriculture or any agency thereof.
44 \
Page 6 of 6
SANTA CRUZ COUNTYDEPARTMENT OF PUBLIC WORKS
By:
Title:
Date:
This action authorized at anofficial meeting of the Sponsoron the day of1998, at
I(city) (state)
(Attest Signature)
UNITED STATES DEPARTMENT OF AGRICULTURENATURAL RESOURCES CONSERVATION SERVICE
By:
Title:
Date:
44
ATTACHMENT A - SPECIAL PROVISIONS
The Sponsor agrees to comply with the following special provisionswhich are hereby attached to this agreement,
I. Drucr-Free Workdace
By signing this agreement, the Sponsor(s) is providing thecertification set out below. If it is later determined that theSponsor(s) knowingly rendered a false certification, or otherwiseviolates the requirements of the Drug-Free Workplace Act, NRCS, inaddition to any other remedies available to the FederalGovernment, may take action authorized under the Drug-FreeWorkplace Act.
Controlled substance means a controlled substance in SchedulesI through V of the Controlled Substances Act (21 U.S.C. 812)and as further defined by regulation (21 CFR 1308.11 through1308.15);
Conviction means a finding of (including a plea of nolocontendere) of imposition of sentence, or both, by anyjudicial body charged with the responsibility to determineviolations of the Federal or State.criminal drug statutes;
Criminal drucr statute means a Federal or non-Federal criminalstatute involving the manufacturing, distribution, dispensing,use, or possession of any controlled substance;
E$aplovee means the employee of a grantee directly engaged inthe performance of work under a grant, including: (i) Alldirect charge employees; (ii) All indirect charge employeesunless their impact or involvement is insignificant to theperformance of the grant; and, (iii) Temporary personnel andconsultants who are directly engaged in the performance ofwork under the grant and who are on the grantee's payroll.This definition does not include workers not on the payroll ofthe grantee (e.g., volunteers,requirements;
even if used to meet a matchingconsultants or independent contractors not on
the grantees' payroll; or employees ofsubcontractors in covered workplaces).
Certification:
subrecipients or
The Sponsor(s) certifies that it will or will continue toprovide a drug-free workplace by:
(a) Publishing a statement notifying employees that theunlawful manufacture, distribution, dispensing,possession, or use of a controlled substance isprohibited in the Sponsor's workplace and specifying theactions that will be taken against employees for
Iviolation of such prohibition;
4
(b) Establishing an ongoing drug-free awareness program toinform employees about--
(1) The danger of drug abuse in the workplace;
(2) The Sponsorls policy of maintaining a drug-freeworkplace;
(3) Any available drug counseling, rehabilitation, andemployee assistance programs; and
(4) The penalties that may be imposed upon employees fordrug abuse violations occurring in the workplace;.
(cl Making it a requirement that each employee to be engagedin the performance of the grant be given a copy of thestatement required by paragraph (a);
(d) Notifying the employee in the statement required byparagraph (a) that, as a condition of employment underthe grant, the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer- in writing of his or herconviction for a violation of a criminal drugstatute occurring in the workplace no later thanfive calendar days after such a conviction;
(e) Notifying NRCS in writing, within ten calendar days afterreceiving notice under paragraph (d) (2) from an employeeor otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice,including position title, to every grant officer or otherdesignee on whose grant activity the convicted employeewas working, unless the Federal agency has designated acentral point for the receipt of such notices. Noticeshall include the identification number(s) of eachaffected grant;
(f) Taking one of the following actions, within 30 calendardays of receiving notice under paragraph (d) (21, withrespect to any employee who is so convicted--
(1) Taking appropriate personnel action against such anemployee, up to and including termination,consistent with the requirements of theRehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participatesatisfactorily in a drug abuse assistance orrehabilitation program approved for such purposes bya Federal, State, or local health, law enforcement,or other appropriate agency;
44
(9) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs(a), (b), (c), (a), (e), and (f).
(h) Agencies shall keep the original of all disclosurereports in the official files of the agency.
B. The Sponsor(s) may provide a list of the site(s) for theperformance of work done in connection with a specific projector other agreement.
II. Certification Reuardins Lobbvinu (7 CFR 3018) (Applicable if thisagreement exceeds $100,000)
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Sponsor(s), to any person forinfluencing or attempting to influence an officer or employeeof an agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connectionwith the awarding of any Federal contract, the making of anyFederal grant, the making of any Federal loan, the enteringinto of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of anyFederal contract, grant, loan, or cooperative agreement.
(21 If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing orattempting to influence an officer oremployee of any agency,a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress, in connection with thisFederal contract, grant, loan, or cooperative agreement, theundersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying," in accordance with itsinstructions.
(3) The Sponsor(s) shall require that the language of thiscertification be included in the award documents for allsubawards at all tiers (including subcontracts, subgrants, andcontracts under grants, loans, and cooperative agreements) andthat all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon whichreliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making orentering into this transaction imposed by section 1352, Title 31,U.S. Code. Any person who fails to file the required certificationshall be subject to a civil penalty of not less than $10,000 andnot more than $100,000 for each such failure.
III. Certification Resardinn Debarment, Suspension, and OtherResnonsibilitv Matters - Primary Covered Transactions, (7 CFR3017)
(1) The Sponsor(s) certifies to the best of its knowledge andbelief, that it and its principals:
44 I
(a) Are not presently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excludedfrom covered transactions by any Federal department oragency.
(b) Have not within a three-year period preceding thisproposal been convicted of or had a civil judgmentrendered against them for commission of fraud or acriminal offense in connection with obtaining, attemptingto obtain, or performing a public (Federal, state, orlocal) transaction or contract under a publictransaction; violation of Federal or State antitruststatutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records, makingfalse statements, or receiving stolen property;
(cl Are not presently indicted for or otherwise criminally orcivilly charged by a governmental entity (Federal, State,or local) with commission of any of the offensesenumerated in paragraph (1) (bl of this certification; and
(d) Have not within a three-year period preceding thisapplication/proposal had one or more public transactions(Federal, State, or local) terminated for cause ordefault.
(2) Where the primary Sponsor is unable to certify to any of thestatements in this certification, such prospective participantshall attach an explanation to this agreement.
IV. Clean Air and Water Certification (Applicable if this agreementexceeds $100,000, or a facility to be used has been the subjectof a conviction under the Clean Air Act (42 U-S-C. 1857c-8(c)(l))or the Federal Water Pollution Control Act (33 U.S.C. 1319(c))and is listed by EPA, or is not otherwise exempt.)
The Sponsor(s) signatory to this agreement certifies as follows:
(a) Any facility to be utilized in the performance of thisproposed agreement is , is not , listed on theEnvironmental ProtectionAgency List of Violating Facilities.
(b) To promptly notify the State or Regional Conservationist priorto the signing of this agreement by NRCS, of the receipt ofany communication from the Director, Office of FederalActivities, U.S. Environmental Protection Agency, indicatingthat any facility which he/she proposes to use for theperformance of the agreement is under consideration to belisted on the Environmental Protection Agency List ofViolating Facilities.
(c) To include substantially this certification, including thissubparagraph (c), in every nonexempt subagreement.
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CLEAN AIR AND WATER CLAUSE
(Applicable only if the agreement exceeds $100,000, or a facility tobe used has been the subject of a conviction under the Clean Air Act(42 U.S.C. 1857c-8(c) (1)) or the Federal Water Pollution Control Act(33 U.S.C. (1319(c)) and is listed by EPA or the agreement is nototherwise exempt.)
A. The Sponsor(s) agrees as follows:
1. To comply with all the requirements of section 114 of theClean Air Act, as amended, (42 U.S.C. 1857, et seq., asamended by Public Law 91-604) and section 308 of the FederalWater Pollution Control Act (33 U.S.C. 1251 et seq., asamended by Public Law 92-500), respectively, relating toinspection, monitoring, entry, reports, and information, aswell as other requirements specified in section 114 andsection 308 of the Air Act and the Water Act, respectively,and all regulations and guidelines issued thereunder beforethe signing of this agreement by NRCS.
2. That no portion of the work required by this agreement.wi.11 beperformed in a facility listed on the Environmental ProtectionAgency List of Violating Facilities on the date when thisagreement was signed by NRCS unless and until the EPAeliminates the name of such facility or facilities from suchlisting.
3. To use their best efforts to comply with clean air standardsand clean water standards at the facilities in which theagreement is being performed.
4. To insert the substance of the provisions of this clause inany nonexempt subagreement, including this subparagraph A-4.
B. The terms used in this clause have the following meanings:
1. The terms nAir Act" means the Clean Air Act, as amended (42U.S.C. 1857 et seq., as amended by Public Law 91-604).
2. The term "Water Act" means Federal Water Pollution ControlAct, as amended (33 U.S.C. 1251 et seq., as amended by PublicLaw 92-500).
The term "clean air standards" means any enforceable rules,regulations, guidelines, standards, limitations, orders,controls, prohibitions, or other requirements which arecontained in, issued under, or otherwise adopted pursuant tothe Air Act or Executive Order 11738, an applicableimplementation plan as described in section 110(d) of theClean Air Act (42 U.S.C. 1857c-5(d) ), and approvedimplementation procedure or plan under section Ill(c) orsection Ill(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation procedure undersection 112(d) of the Air Act (42 U.S,C. 1857c-7(d)).
4. The term "clean water standards" means any enforceablelimitation, control, condition, prohibition, standards, orother requirement which is promulgated pursuant to the WaterAct or contained in a permit issued to a discharger by theEnvironmental Protection Agency or by a State under anapproved program, as authorized by section 402 of the WaterAct (33 U.S.C. 13421, or by a local government to ensurecompliance with pretreatment regulations as required bysection 307 of the Water Act (3 U.S.C. 1317).
5. The term "complianceI' means compliance with clean air or waterstandards. Compliance shall also mean compliance with thescheduled or plan ordered or approved by a court of competentjurisdiction, the Environmental Protection Agency or any airor water pollution control agency in accordance with the AirAct or Water Act and regulations issued pursuant thereto.
6. The term "facility*' means any building, plant, installation,structure, mine, vessel or other floating craft, location orsite of operations, owned, leased, or supervised by a sponsor,to be utilized in the performance of an agreement orsubagreement. Where a location or site of operations containsor includes more than one building, plant, installation, orstructure, the entire location shall be deemed to be afacility except where the Director, Office of FederalActivities, Environmental Protection Agency, determines thatindependent facilities are collocated in one geographicalarea.
V. Assurances and Compliance
As a condition of the grant or cooperative agreement, therecipient assures and certifies that it is in compliance with andwill comply in the course of the agreement with all applicablelaws, regulations, Executive Orders and other generally applicablerequirements, including those set out in 7 CFR 3015, 3016, 3017,3018, 3019, 3051, and 3052 which hereby are incorporated in thisagreement by reference, and such other statutory provisions as arespecifically set forth herein.
VI. Examination of Records
Give NRCS or the Comptroller General, through any authorizedrepresentative, access to and the right to examine all records,books, papers, or documents related to this agreement. Retain allrecords related to this agreement for a period of three yearsafter completion of the terms of this agreement in accordance withthe applicable OMB Circular.
ATTACHMEWT B - SPECIAL PROVISIONS
CONSTRUCTION
I. EQUAL OPPORTUNITY
The Contracting Local Organization agrees to incorporate, or causeto be incorporated, into any contract for construction work, ormodification thereof, as defined in the rules and regulations ofthe Secretary of Labor at 41 CFR, Chapter 60, which is paid for,in whole or in part, with funds obtained from the FederalGovernment or borrowed on the credit of the Federal Governmentpursuant to grant, contract, loan, insurance, or guarantee, orundertaken pursuant to any Federal program involving such grant,contract, loan, insurance, or guarantee, the following EqualOpportunity (Federally Assisted Construction) clause:
II. EQUAL OPPORTUNITY (FEiDERALLY ASSISTED CONSTRUCTION)
During the performance of this contract, the Contractor agrees asfollows:
1. The Contractor will not discriminate against any employee orapplicant for employment because of race, color; religion,sex, or national origin. The Contractor will take affirmativeaction to ensure that applicants are employed, and thatemployees are treated during employment without regard totheir race, color, religion, sex, or national origin. Suchaction shall include, but not be limited to the following:Employment, upgrading, demotion, or transfer; recruitment orrecruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training,including apprenticeship. The Contractor agrees to post inconspicuous places, available to employees and applicants foremployment, notices to be provided setting forth theprovisions of this Equal Opportunity (Federally AssistedConstruction) clause.
2.
3.
44* 4j
The Contractor will, in all solicitations or advertisementsfor employees placed by or on behalf of the Contractor, statethat all qualified applicants will receive consideration foremployment without regard to race, color, religion, sex, ornational origin.
The Contractor will send to each labor union or representativeof workers, with which he has a collective bargainingagreement or other contract or understanding, a notice to beprovided advising the said labor union or workers'representative of the Contractor's commitments under thissection, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.
The Contractor will comply with all provisions of ExecutiveOrder 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 reportsrequired by Executive Order No. 11246 of September 24, 1965,and by the rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to hisbooks, records, and accounts by the administering agency andthe Secretary of Labor for purposes of investigation toascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the EqualOpportunity (Federally Assisted Construction) clause of thiscontract or with any of the said rules, regulations, ororders, this contract may be canceled, terminated, orsuspended, in whole or in part, and the Contractor may bedeclared ineligible for further Government contracts orfederally assisted construction contracts in accordance withprocedures authorized in Executive Order No. 11246 ofSeptember 24, 1965, and such other sanctions may be imposedand remedies invoked as provided in Executive Order No. 11246of September 24, 1965, or by rule, regulation, or order of theSecretary of Labor, or as provided by law.
7. The Contractor will include this Equal Opportunity (FederallyAssisted Construction) clause in every subcontract or purchaseorder unless exempted by the rules, regulations, or orders ofthe Secretary of Labor issued pursuant to section 204 ofExecutive Order No. 11246 of September 24, 1965, so that suchprovisions will be binding upon each subcontractor or vendor,The Contractor will take such action with respect to anysubcontract or purchase order as the administering agency maydirect as a means of enforcing such provisions, includingsanctions for noncompliance: Provided, however that in theevent a Contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of suchdirection by the administering agency the Contractor mayrequest the United States to enter into such litigation toprotect the interests of the United States.
The Contracting Local Organization further agrees that it willbe bound by the above Equal Opportunity (Federally AssistedConstruction) clause with respect to its own employmentpractices when it participates in federally assistedconstruction work: Provided, however, that if the ContractingLocal Organization so participating is a State or localgovernment, the above Equal Opportunity (Federally AssistedConstruction) clause is not applicable to any agency,instrumentality, or subdivision of such government which doesnot participate in work on or under the contract.
The Contracting Local Organization agrees that it will assistand cooperate actively with the administering agency and theSecretary of Labor in obtaining the compliance of Contractorsand subcontractors with the Equal Opportunity (FederallyAssisted Construction) clause and the rules, regulations andrelevant orders of the Secretary of Labor, that it willfurnish the administering agency and the Secretary of Labor
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such information as they may require for the supervision ofsuch compliance, and that it will otherwise assist theadministering agency in the discharge of the agency's primaryresponsibility for securing compliance.
The Contracting Local Organization further agrees that it willrefrain from entering into any contractor contractmodification subject to Executive Order No. 11246 of September24, 1965, with a Contractor debarred from, or who has notdemonstrated eligibility for, Government contracts andFederally assisted construction contracts pursuant to theExecutive Order and will carry out such sanctions andpenalties for violation of the Equal Opportunity (FederallyAssisted Construction) clause as may be imposed uponContractors and subcontractors by the administering agency orthe Secretary of Labor pursuant to Part II, Subpart D, of theExecutive Order. In addition, the Contracting LocalOrganization agrees that if it fails or refuses to comply withthese undertakings the administering agency may take any orall of the following actions: Cancel, terminate, or suspend,in whole or in part, this grant; refrain from extending anyfurther assistance to the Contracting Local Organization underthe program with respect to which its failure or refusaloccurred until satisfactory assurance of future compliance hasbeen received from such Contracting Local Organization; andrefer the case to the Department of Justice for appropriatelegal proceedings.
III. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FORCERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submittedby the Contracting Local Organization prior to any agreementfor Federal financial assistance where the Contracting LocalOrganization will itself perform a federally assistedconstruction contract exceeding $10,000 which is not exemptfrom the provisions of the Equal Opportunity clause.
The Contracting Local Organization shall notify prospectivefederally assisted construction contractors of theCertification of Nonsegregated Facilities required, asfollows:
IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTIONCONTRACTORS
A Certification of Nonsegregated Facilities must be submittedprior to the award of a federally assisted constructioncontract exceeding $10,000 which is not exempt from theprovisions of the Equal Opportunity clause.
Contractors receiving federally assisted constructioncontract awards exceeding $10,000 which are not exempt fromthe provisions of the Equal Opportunity clause will berequired to provide for the forwarding of the followingnotice to prospective subcontractors for supplies and
(a)
(b)
construction contracts where the subcontracts exceed $10,000and are not exempt from the provisions of the EqualOpportunity clause.
V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FORCERTIFICATIONS OF NONSEGREGATED FACILITIRS
A Certification of Nonsegregated Facilities must be submittedprior to the award of a subcontract exceeding $10,000 whichis not exempt from the provisions of the Equal Opportunityclause.
Contractors receiving subcontract awards exceeding $10,000which are not exempt from the provisions of the EqualOpportunity clause will be required to provide for theforwarding of this notice to prospective subcontractors forsupplies and construction contracts where the subcontractsexceed $10,000 and are not exempt from the provisions of theEqual Opportunity clause.
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scs-u-818Rev. 4-70File Code AS-14
VI. CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to federally assisted construction contracts andrelated subcontracts exceeding $10,000 which are not exempt fromthe Equal Opportunity Clause.)
The federally assisted construction contractor certifies thathe/she does not maintain or provide for his/her employees anysegregated facilities at any of his/her establishments, and thathe/she does not permit his/her employees to perform their servicesat any location, under his/her control, where segregatedfacilities are maintained. The federally assisted constructioncontractor certifies further that he/she will not maintain orprovide for his/her employees any segregated facilities at any ofhis/her establishments, and that he/she will not permit his/heremployees to perform their services at any location, under his/hercontrol, where segregated facilities are maintained. Thefederally assisted construction contractor agrees that a breach ofthis certification is a violation of the Equal Opportunity clausein this contract. As used in this certification, the term"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 entertainmentareas, transportation, and housing facilities provided foremployees which are segregated by explicit directive or are infact segregated on the basis of race, color, religion, or nationalorigin, because of habit, local custom, or otherwise. Thefederally assisted construction contractor agrees that (exceptwhere he/she has obtained identical certifications from proposedsubcontractors for specific time periods) he/she will obtainidentical certifications from proposed subcontractors prior to theaward of subcontracts exceeding $10,000 which are not exempt fromthe provisions of the Equal Opportunity clause, and that he/shewill retain such certifications in his/her files.
NOTE: The penalty for making false statements in offers is prescribedin 18 U.S.C. 1001,
Contractor
Signature
Title Date
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VII. STANDARD FEDERAL EQUALCONSTRUCTION CONTRACT
(EXECUTIVE ORDER
1. As used in these specifications:
EMPLOYMENT OPPORTUNITYSPECIFICATIONS
11246)
a. 'Covered area" means the geographical area described in thesolicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract ActCompliance Program, United States Department of Labor, or anyperson to whom the Director delegates authority;
C . "Employer identification mumberm means the Federal SocialSecurity number used on the Employer's Quarterly Federal TaxReturn, U.S. Treasury Department Form 94-l.
d. "Minority" includes:
(i)
iii)
(iii)
(iv)
Black (all persons having origins in any of the BlackAfrican racial groups not of Hispanic origin);
Hispanic (all persons of Mexican, Puerto Rican, Cuban,Central or South American or other Spanish Culture ororigin, regardless of race);
Asian and Pacific Islander (all persons having origins inany of the original peoples of the Far East, SoutheastAsia, the Indian Subcontinent, or the Pacific Islands);and
American Indian or Alaskan Native (all groups havingorigins in any of the original peoples of North Americaand maintaining identifiable tribal affiliations throughmembership and participation or communityidentification).
2. Whenever the Contractor, or any Subcontractor at any tier,subcontracts a portion of the work involving any constructiontrade, it shall physically include in each subcontract inexcess of $10,000, the provisions of these specifications andthe Notice which contains the applicable goals for minorityand female participation and which is set forth in thesolicitations 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 inthe covered area either individually or through anassociation, its affirmative action obligations on all work inthe Plan area (including goals and timetables) shall be inaccordance with that Plan for those trades which have unionsparticipating in the Plan. Contractors must be able todemonstrate their participation in and compliance with the
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provisions of any such Hometown Plan. Each Contractor orSubcontractor participating in an approved Plan isindividually required to comply with its obligations under theEEO Clause, and to make a good faith effort to achieve eachgoal under the Plan in each trade in which it has employees.The overall good faith performance by other Contractors orSubcontractors toward a goal in an approved Plan does notexcuse any covered Contractors or Subcontractors failure totake good faith efforts to achieve the Plan goals andtimetables.
4. The Contractor shall implement the specific affirmative actionstandards provided in Paragraphs 7.a. through 7.~. of thesespecifications. The goals set forth in the solicitation fromwhich this contract resulted are expressed as percentages ofthe total hours of employment and training of minority andfemale tuition that the Contractor should reasonably be ableto achieve in each construction trade in which it hasemployees in the covered area. Covered constructioncontractors performing construction work in geographical areaswhere they do not have a Federal or Federally assistedconstruction contract shall apply the minority and femalegoals established for the geographical area where the work isbeing performed. Coals are published periodically in theFederal Register in notice of and such notices may be obtainedfrom any Office of Federal Contract Compliance Programs orfrom Federal procurement Contracting Officers. The Contractoris expected to make substantially uniform progress towardmeeting these goals in each craft during the period specified,
5.
6.
7.
Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has acollective bargaining agreement, to refer either minorities orwomen shall excuse the Contractor's obligations under thesespecifications, Executive Order 11246, or the regulationspromulgated pursuant thereto.
In order for the nonworking training hours of apprentices andtrainees to be counted in meeting the goals, apprentices andtrainees must be employed by the Contractor during thetraining period, and the Contractor must have made acommitment to employ the apprentices and trainees at thecompletion of their training, subject to the availability ofemployment opportunities. Trainees must be trained pursuantto training programs approved by the U.S. Department of Labor.
The Contractor shall take specific affirmative actions toensure equal employment opportunity. the evaluation of theContractor's compliance with these specifications shall bebased upon its effort to achieve maximum results from itsactions. The Contractor shall document these efforts fully,and shall implement affirmative action steps at least asextensive as the following:
’
a. Ensure and maintain a working environment free ofharassment, intimidation and coercion at all sites, and inall at which the Contractor's employees are assigned towork. The Contractor, where possible, will assign two ormore women to each construction project. The Contractorshall specifically ensure that all foremen,superintendents, and other on-site supervisory personnelare aware of and carry out the Contractor's obligations tomaintain such a working environment, with specificattention to minority or female individuals working atsuch sites or in such facilities.
b, Establish and maintain a current list of minority andfemale recruitment sources, provide written notificationto minority and female recruitment sources and tocommunity organizations when the Contractor or its unionshave employment opportunities available, and maintain arecord of the organization's responses.
C . Maintain a current file of the names, addresses andtelephone numbers of each minority and female off-the-street applicant and minority and female referral from aunion, a recruitment source or community organization andof what action was taken with respect to each suchindividual. If such individual was sent to the unionhiring hall for referral and was not referred back to theContractor by the union or, if referred, not employed bythe Contractor, this shall be documented in a file withthe reason therefore, along with whatever additionalactions the Contractor may have taken,
d. Provide immediate written notification to the Directorwhen the union or unions with which the Contractor has acollective bargaining agreement has not referred to theContractor a minority person or woman sent by theContractor, or when the Contractor has other informationthat the union referral process has impeded theContractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/orparticipate in training programs for the area whichexpressly include minorities, and women, includingupgrading programs and apprenticeship and trainee programsrelevant to the Contractors employment needs, especiallythose programs funded or approved by the Department ofLabor. The Contractor shall provide notice of,theseprograms to the sources compiled under Paragraph 7.b.above.
f. Disseminate the Contractor's EEO policy by providingnotice of the policy to unions and training programs andrequesting their cooperation in assisting the Contractorin meeting its EEO obligations; by including it in anypolicy manual and collective bargaining agreement; bypublicizing it in the company newspaper, annual report,
44 !
etc. - specific review of the policy with all managementpersonnel and with all minority and female employees atleast once a year, and by posting the company EEO policyon bulletin boards accessible to all employees at eachlocation where construction work is performed. .
9. Review, at least annually, the company's EEO policy andaffirmative action obligations under these specificationswith all employees having any responsible for hiring,assessment, layoff, termination, or their employmentdecisions, including specific review of these items withon-site supervisory personnel such as Superintendents,General Foreman etc., prior to the initiation ofconstruction work at any job site. A written record shallbe made and maintained identifying the time and place ofthese meetings, persons attending, subject matterdiscussed, and disposition of the subject matter.
h. Disseminate the Contract's EEO policy externally byincluding it in any advertising in the news media,specifically including minority and female news media, andproviding written notification to and discussing theContractor's EEO policy with other Contractors andSubcontractors with whom the Contractor does oranticipates doing business.
i. Direct its recruitment efforts, both oral and written, tominority, female, and community organizations, to schoolswith minorities and female students and to minority andfemale recruitment and training organizations serving theContractor's recruitment area and employment needs. Notlater than one month prior to the date for the acceptanceof the applications for apprenticeship or other trainingby any recruitment sources, the Contractor shall sendwritten notification, to organizations such as the above,describing the openings, screening procedures, and teststo be used in the selection process.
j- Encourage present minority and female employees to recruitother minority persons and women and, where reasonable,provide after school, summer and vacation employment tominority and female youth both on the site and in otherareas of a Contractor's workforce.
k. validate all tests and other selection requirements wherethere is an obligation to do so under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation atleast of all minority and female personnel for promotionalopportunities and encourage these employees to seek or toprepare for, through appropriate training, etc., suchopportunities.
m. Ensure that seniority practices, job classification workassignments, and other personnel practices, do not have a
44 e:.\ discriminatory effect by continually monitoring all
, c i)r cc!279
personnel and employment related activities to ensure thatthe EEO policy and the Contractor's obligations underthese specifications are being carried out.
Il. Ensure that all facilities and company activities arenonsegregated except that separate or single-user toiletand necessary changing facilities shall be provided toassure privacy between the sexes.
0. Document and maintain a record of all solicitations ofoffers for subcontracts from minority and femaleconstruction contractors and suppliers, includingcirculation of solicitations to minority and femalecontractor associations and other business associations,
Ps Conduct a review, at least annually, of all supervisors*adherence to and performance under the Contractor's EEOpolicies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntaryassociations which assist in fulfilling one or more of theaffirmative 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 theContractor is a member and participant, may be asserted asfulfilling any one or more of its obligations under Paragraphs7.a. through 7.~. of these Specifications provided that theContractor actively participates in the group, makes everyeffort to assure that the group has a positive impact on theemployment of minorities and women in the industry, ensuresthat the concrete benefits of the program are reflected in theContractor's minority and female workforce participation,makes a good faith effort to meet its individual goals andtimetables, and can provide access to documentation whichdemonstrates the effectiveness of actions taken on behalf ofthe Contractor. The obligation to comply, however, is theContractor's and failure of such a group to an obligationshall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal forwomen have been established. The Contractor, however, isrequired to provide equal employment opportunity and to takeaffirmative action for all minority groups, both male andfemale, and all women, both minority and nonminority.Consequently, the Contractor may be in violation of theExecutive Order if a particular group is employed in asubstantially disparate manner (for example, even though theContractor has achieved its goals for women generally, theContractor may be in violation of the Executive Order if aspecific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables ofaffirmative action standards to discriminate against anyperson because of race, color, religion, sex, or nationalorigin.
11. The Contractor shall not enter into any Subcontract with anyperson or firm debarred from Government contracts pursuant toExecutive Order 11246.
12. The Contractor shall carry out such sanctions and penaltiesfor violation of these specifications and of the EqualOpportunity Clause, including suspension, termination, andcancellation of existing subcontracts as may be imposed orordered pursuant to Executive Order 11246, as amended, and itsimplementing regulations, by the Office of Federal ContractCompliance Programs. Any Contractor who fails to carry outsuch sanctions and penalties shall be in violation of thesespecifications and Executive Order 11246, as amended.
13. The Contractor shall designate a responsible official tomonitor all employment related activity to ensure that thecompany EEO policy is being carried out, to submit reportsrelating to the provisions hereof as may be required by theGovernment, and to keep records. Records shall at leastinclude for each employee the name, address, telephonenumbers, construction trade, union affiliation if any,employee identification number when assigned, social securitynumber, race, sex, status (e.g., mechanic, apprentice,trainee, helper, or laborer), dates of changes in status,hours worked per week in the indicated trade, rate of pay, andlocations at which the work was performed. Records shall bemaintained in an easy understandable and retrievable formhowever, to the degree that existing records satisfy thisrequirement, Contractors shall not be required to maintainseparate records.
14. The Contractor, in fulfilling its obligations under thesespecifications, shall implement specific affirmative actionsteps, at least as extensive as those standards prescribed inParagraph 7. of these specifications, so as to achieve maximumresults from its efforts to ensure equal employmentopportunity. If the Contractor fails to comply with therequirements of the Executive Order, the implementingregulations, or these specifications, the Director shallproceed in accordance with 41 CFR 604.8.
15. Nothing herein provided shall be construed as a limitationupon the application of other laws which establish differentstandards of compliance or upon the application orrequirements for hiring of local or other area residentskg., those under the Public Works Employment Act of 1977 andthe Community Development Block Grant Program).
