1208 Murphy Pipeline1'! urr 1► P'� � � � �. ,
Attachment 1
Contract Requirements for Federal Contact Provisions Requirements Affidavit
The City of Sanford is entrusted with the use of public resources in a prudent and resourceful
manner in order to perform a mission of public service and must conduct all of its activities
with a high level of integrity to maintain public confidence as well as adherence to funding
requirements imposed by Federal laws. The term CONTRACTOR, as used herein, includes,
but is not limited to goods or services suppliers, contractors of every type or nature,
consultants, and vendors, and their employees, agents and subcontractors. CONTRACTORS
shall educate all of their representatives involved in business with the City of Sanford to
ensure they understand and comply with the requirements of the City of Sanford including,
but not limited to, compliance with all applicable Federal, State and local laws, rules and
regulations in addition to all contract requirements and shall require that their subcontractors
to likewise comply as applicable.
Moreover, the undersigned CONTRACTOR certifies that the CONTRACTOR will comply with
all Federal contract provisions and requirements such as those set forth below and all
additional Federal requirements which are or may become applicable to work, project,
program, goods or services for which the City of Sanford intends to seek reimbursement from
the Federal Government. The CONTRACTOR recognizes the importance of adherence to the
requirements of Federal law and the detrimental fiscal impact that will result to the City of
Sanford as a result of non - compliance.
Additionally, by submitting its request to engage in business with the City of Sanford, the
CONTRACT hereby certifies that it does not and will not during the performance of any
relationship with the City of Sanford employ illegal alien workers or otherwise violate the
provisions of the Federal Immigration Reform and Control Act of 1986, as the same is
amended.
The CONTRACTOR, notwithstanding the specificity of the outlined requirements below,
generally agrees to adhere to all requirements of Federal law in addition to the specific laws
referenced herein.
1. Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor Regulations (41 CFR chapter 60), as the same may be
amended from time -to -time. (All construction contracts awarded in excess of $10,000 by
grantees and their contractors or subgrantees, etc.).
2. The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3), as the same may be amended from time -to -time. (All
Contracts and subgrants for construction or repair, etc.).
a�^^d
3. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327 -330 as supplemented by Department of Labor regulations (29 CFR Part 5), as the same
may be amended from time -to -time. (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2,500 for other contracts which involve
the employment of mechanics or laborers, etc.).
4. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any and all
books, documents, papers, and records of the CONTRACTOR which are directly pertinent to
a specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
5. Any and all applicable standards, orders, or requirements issued under section 306 of the
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15),
as the same may be amended from time -to -time. (Contracts, subcontracts, and subgrants of
amounts in excess of $100,000, etc.).
6. Any and all Federal contract provision requirements outlined or referred to in 23 CFR Part
633A.), as the same may be amended from time -to -time.
7. Davis -Bacon wage rates are required (29 CFR Part 1)(40 U.S.C. 276a. Tables are
available at:: hftp://www.dot.dtate.fl.us/construction/Wage2.shtm#countyindex
8. Required Contract Provisions Federal -Aid Construction Contracts FHWA 1273, as the
same may be amended from time -to -time.
9. Federal "Buy America Requirements ", 23 CFR 635.410, Fed DOT § 635.410) and 40 CFR
35.936.13(D), as the same may be amended from time -to -time.
10. The National Environmental Policy Act (NEPA) of 1969), as the same may be amended
from time -to -time.
11. Mandated compliance with 49 CFR Part 26, Disadvantaged Business Enterprise
Program, including the requirements for the Contractor and for the City to report Monthly on
the Equal Opportunity Reporting System on the website found at:
http:// www .bibincwebapps.com /fedreg.html and
http:// www. bipincwebapps .com /bizweb.florida/
12. The American with Disabilities Act of 1990 (ADA), as the same may be amended from
time -to -time.
13. Contractor certifies that he /she does not and will not during the performance of this
contract employ illegal alien workers or otherwise violate the provisions of the federal
Immigration Reform and Control Act of 1986.
14. The convict labor prohibition in 23 U.S.C. 114 the same as may be amended from time -
to -time (convict labor cannot be used in Emergency Relief construction projects, etc.)
Additional Included Regulatory Requirements if Referenced Below:
2
A. Florida Department of Environmental Protection Bureau of Water Facilities Funding
Supplementary Conditions for Formally Advertised Construction Procurement, EXHIBIT
WATER -031-1-1. *Note -Copy Attached.
B. Article 17 of item A above with percentage requirements included. *Note -Copy Attached.
CONTRACTOR: IN
Signature:
Title: tR E %bet t
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Printed Name: A *T MAyQQ.
Date: 5, 14 - 0100
Affix Corporate Seal
Corporate Attest 'on:
Signature: _ Printed Name: E u 1 LL �(-
Title: r s Date:
ACKNOWLEDGEMENT
STATE OF
1 ) ss
COUNTY OFD -�°� -1 )
The foregoing instrument was
20 c:A_ , - by_
before me this Iq day of ,
of
on bdialf of the firm. He /She is personally
Notary Sig natur il J _ Print Name�;�
Notary Public in and for the Coun y
and State Aforementioned c
My commission expires: (�1 S�_
AME0A E. 11013140N
Notary Pubft, State of Florida
My comm. exp. June 5, 2009
Comm. No. DD 437155
3
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER -03Lh
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Supplementary Conditions
for
Formally Advertised
Construction Procurement
FDEP 1
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
TABLE OF CONTENTS FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
Article
Number
Article Title
Page
1
DEFINITIONS ............... ...............................
FDEP -4
2
PRIVITY OF AGREEMENT /CONTRACT ............................
FDEP -6
3
PROCUREMENT REQUIREMENTS .. ...............................
FDEP -7
4
RESOLUTION OF PROTESTS AND CLAIMS /DISPUTES ...............
FDEP -7
5
CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS ............
FDEP -8
6
ADVERTISEMENT FOR BIDS; SUBMISSION OF BIDS;
OPENING OF BIDS ........... ...............................
FDEP -8
7
BONDS AND INSURANCE ....... ...............................
FDEP -8
8
AWARD OF AGREEMENT /CONTRACT ..............................
FDEP -9
9
CONTRACT TIME AND NOTICE TO PROCEED ......................
FDEP -10
10
ITEMIZED CONSTRUCTION COST BREAKDOWN;
CONSTRUCTION AND PAYMENT SCHEDULES .......................
FDEP -10
11
AVAILABILITY OF LANDS ..... ...............................
FDEP -10
12
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CONSTRUCTION PERMIT(S) .... ...............................
FDEP -11
13
ENGINEER .................. ...............................
FDEP -11
14
APPLICATIONS FOR PAYMENT .. ...............................
FDEP -11
15
ACCESS TO RECORDS ......... ...............................
FDEP -11
16
ACCESS TO WORK SITE(S) .... ...............................
FDEP -11
17*
MINORITY AND WOMEN'S BUSINESS ENTERPRISES ................
FDEP -11
18* VIOLATING FACILITIES (SECTION 306 OF THE CLEAN
AIR ACT, SECTION 508 OF THE CLEAN WATER ACT, AND
EXECUTIVE ORDER 11738) .... ............................... FDEP -12
19* DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) ......... FDEP -13
20 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE
ORDER 11246) .............. ............................... FDEP -14
*DESIGNATES PROVISIONS THAT ARE NOT REQUIRED FOR NON - EQUIVALENCY PROJECTS
FDEP 2
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBI WATER -03Lh
Appendix Appendix Title Page
Letter
A* CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER
TIER COVERED TRANSACTIONS ......... ........................FDEP -16
B NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) ......FDEP -18
C GOALS AND TIMETABLES FOR MINORITIES AND FEMALES ...........FDEP - 20
D EQUAL OPPORTUNITY CLAUSE .......... ........................FDEP -23
E NOTICE TO BE POSTED ............... ........................FDEP -25
F STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) ...........FDEP - 26
G CERTIFICATION OF COMPLIANCE WITH 41 CFR 60 -1.7:
REPORTS AND OTHER REQUIRED INFORMATION ................... FDEP -31
H CERTIFICATION OF NONSEGGREGATED FACILITIES ............... FDEP -33
*DESIGNATES PROVISIONS THAT ARE NOT REQUIRED FOR NON - EQUIVALENCY PROJECTS
FDEP 3
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER -03Lh
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
The intent of the Florida Department of Environmental Protection (FDEP)
Supplementary Conditions is to complement and supplement other provisions of the
Bidding Documents. However, if there is any conflict between the FDEP Supplementary
Conditions and other provisions of the Bidding Documents, the
FDEP Supplementary Conditions shall take precedence over the other provisions except
when the other provisions are similar to, but more stringent than, the FDEP
Supplementary Conditions. When other provisions of the Bidding Documents are
similar to, but more stringent than, the FDEP Supplementary Conditions, the more
stringent provisions shall apply.
ARTICLE 1 - DEFINITIONS
1.1. Wherever used in these Supplementary Conditions (except in the appendices to
these Supplementary Conditions), the following terms have the meanings indicated,
which are applicable to both the singular and plural thereof.
1.1.1. Addendum - A written or graphic instrument that is issued prior to the
opening of bids and that clarifies, corrects, or changes the Bidding Documents.
1.1.2. Agreement or Contract - The written agreement between the Owner and the
Contractor covering the Work to be performed and furnished; these
Supplementary Conditions and other Contract Documents are attached to the
Agreement /Contract and made a part thereof as provided therein.
1.1.3. Application for Payment - The form that is accepted by the Engineer and
used by the Contractor in requesting progress and /or final payments and that is
to include such supporting documentation as is required by the Contract
Documents.
1.1.4. Bid - The offer or proposal of a bidder submitted on the prescribed form
and setting forth the price(s) for the Work to be performed and furnished.
1.1.5. Bidder - Any person, firm, or corporation that submits a bid directly to
the Owner.
1.1.6. Bidding Documents - The Advertisement for Bids or the Invitation to Bid,
the Instructions to Bidders or the Information for Bidders, the Bid Form, the
proposed Contract Documents, and all addenda.
1.1.7. Bond - An instrument of security.
1.1.8. Change Order - A document that is recommended by the Engineer and signed
by the Contractor and the Owner; that authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price
FDEP 4
SUPPLEMENTARY C ONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
or the Contract Time; and that is issued on or after the Effective Date of the
Agreement /Contract.
1.1.9. Contract Documents - The Agreement /Contract; the Contractor's Bid when
attached as an exhibit to the Agreement /Contract; the Performance and Payment
Bond(s); the General Conditions; the Supplementary Conditions (including these
Supplementary Conditions); the Specifications (written technical descriptions of
material, equipment, construction systems, standards, and workmanship as applied
to the Work and certain administrative details applicable thereto); the Drawings
(drawings that show the character and scope of the Work to be performed and
furnished); all addenda that pertain to the Contract Documents; and all change
orders.
1.1.10. Contract Price - The moneys payable by the Owner to the Contractor under
the Contract Documents as stated in the
Agreement /Contract.
1.1.11. Contract Time - The number of days or the date stated in the Contract
Documents for completion of the Work.
1.1.12. Contractor - The person, firm, or corporation with whom or which the
Owner enters into the Agreement /Contract.
1.1.13. Effective Date of the Agreement /Contract - The date indicated in the
Agreement /Contract on which the Agreement /Contract becomes effective, or if no
such date is indicated in the Agreement /Contract, the date on which the
Agreement /Contract is signed and delivered by the last of the two parties to sign
and deliver the Agreement /Contract.
1.1.14. Engineer - The person, firm, or corporation named as such in the
Contract Documents.
1.1.15. Minority Business Enterprise (MBE) - A historically Black college or
university or a business that is (a) certified as socially and economically
disadvantaged by the Small Business Administration, (b) certified as an MBE by a
state or Federal agency, or (c) an independent business concern which is at least
51- percent owned and controlled by minority group members. (A minority group
member is an individual who is a citizen of the United States and one of the
following: [i] Black American; [ii] Hispanic American [with origins from Puerto
Rico, Mexico, Cuba, or South or Central America]; [iii] Native American [American
Indian, Eskimo, Aleut, or native Hawaiian]; or [iv] Asian - Pacific American [with
origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S.
Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, or
the Indian Subcontinent].)
1.1.16. Notice to Proceed - The written notice given by the Owner to the
Contractor fixing the date on which the Contract Time will commence to run and on
which the Contractor shall start to perform its obligations under the Contract
Documents.
FDEP 5
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER -03Lh
1.1.17. Owner - The local government (municipality, county, district, or
authority; or any agency thereof; or a combination of two or more of the
foregoing acting jointly) with which the Florida Department of Environmental
Protection may execute, or has executed, a State revolving fund loan agreement
and for which the Work is to be provided.
1.1.18. Project - The total construction or facilities described in a State
revolving fund loan agreement between the Florida Department of Environmental
Protection and the Owner, of which the Work to be provided under the Contract
Documents may be the whole or a part.
1.1.19. Subcontract - A direct contract between a subcontractor and the
Contractor, or any other subcontractor at any tier, for the furnishing of goods
(material and equipment) or the performance of services (including construction)
necessary to complete the Work.
1.1.20. Subcontractor - A person, firm, or corporation having a direct contract
with the Contractor, or any other subcontractor at any tier, for the furnishing
of goods (material and equipment) or the performance of services (including
construction) necessary to complete the Work.
1.1.21. Successful Bidder - The lowest responsive, responsible bidder to whom or
which the Owner intends to award the Agreement /Contract.
1.1.22. Women's Business Enterprise (WBE) - A business that is (a) certified as
a WBE by a state or Federal agency or (b) an independent business concern which
is at least 51- percent owned and controlled /operated by women. (Determination of
whether a business is at least 51- percent owned by women shall be made without
regard to community property laws [e.g., an otherwise qualified WBE that is
51- percent owned by a married woman in a community property state will not be
disqualified because the married woman's husband has a 50- percent interest in the
married woman's share of the business; similarly, a business that is 51- percent
owned by a married man and 49- percent owned by women will not become a qualified
WBE by virtue of the married man's wife having a 50- percent interest in the
married man's share of the business].)
1.1.23. Work - The entire completed construction or the various separately
identifiable parts thereof required to be performed and furnished under the
Contract Documents; Work is the result of performing services, furnishing labor,
furnishing material and equipment, and incorporating material and equipment into
the construction as required by the Contract Documents.
ARTICLE 2 - PRIVITY OF AGREEMENT /CON
2.1. The Owner expects to finance this Agreement /Contract with assistance
from the Florida Department of Environmental Protection, which administers a
State revolving fund loan program supported in part with funds directly made
available by grants from the United States Environmental Protection Agency.
Neither the State of Florida nor the United States (nor any of their
FDEP 6
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER -03Lh
departments, agencies, or employees) will be a party to this Agreement /Contract or
any lower -tier subcontract.
ARTICLE 3 - PROCUREMENT REQUIREMENTS
3.1. This Agreement /Contract and the Owner's solicitation and award of this
Agreement /Contract are subject to requirements contained in Chapter 62 -552
(Revolving Loan Program), Florida Administrative Code.
ARTICLE 4 - RESOLUTION OF PROTESTS AND CLAI /DISPUTES
Resolution of Protests Concerning the Owner's Solicitation and /or Award of this
Agreement /Contract:
4.1. Protests concerning the Owner's solicitation and /or award of this
Agreement /Contract must be filed in writing with the Owner to be considered.
4.2. All timely written protests concerning the Owner's solicitation and /or award
of this Agreement /Contract are to be resolved in accordance with the Owner's dispute
resolution process. A copy of the ordinance(s), resolution(s), or written
policy(policies) that set forth the Owner's dispute resolution process is included
elsewhere in the Bidding Documents or is to be made available by the Owner upon
request.
4.3. Neither the Florida Department of Environmental Protection (FDEP) nor the
United States Environmental Protection Agency (USEPA) will become a party to, or
have any role in resolving, protests concerning the Owner's solicitation and /or
award of this Agreement /Contract. Protest decisions made by the Owner can not be
appealed to the FDEP or the USEPA.
Resolution of Claims and Disputes Between the Owner and the Contractor:
4.4. Unless otherwise provided in the Contract Documents, all claims and disputes
between the Owner and the Contractor arising out of, or relating to, the Contract
Documents or the breach thereof are to be decided by arbitration (if the Owner and
the Contractor mutually agree) or in a court of competent jurisdiction within the
State of Florida.
4.5. Neither the Florida Department of Environmental Protection nor the United
States Environmental Protection Agency will become a party to, or have any role in
resolving, claims and disputes between the Owner and the Contractor.
FDEP 7
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WAT -03Lh
ARTICLE 5 - CHANGES TO THE BIDDING AND CONTRAC DOCUMENTS
5.1. All changes to the Bidding Documents made subsequent to the Florida Department
of Environmental Protection's (FDEP's) acceptance of the Bidding Documents and prior
to the opening of bids are to be documented via addendum(addenda) to the Bidding
Documents; all changes to the Contract Documents made after the opening of bids are
to be documented by change order(s) to the Contract Documents. The Owner shall
submit all addenda and change orders to the FDEP.
ARTICLE 6 - ADVERTISEMENT FOR BIDS; SUBMISSION OF BIDS; OPENING OF BIDS
Advertisement for Bids:
6.1. At a minimum, this Agreement /Contract is to be advertised for bids in local
and statewide newspapers.
Submission of Bids:
6.2. Bidders shall submit their bids at the place and by the deadline indicated
elsewhere in the Bidding Documents.
Opening of Bids:
6.3. Bids are to be opened and read aloud publicly at the time and place indicated
elsewhere in the Bidding Documents.
ARTICLE 7 - BONDS AND INSURANCE
Bid Guarantees:
7.1'. Each bidder's bid is to be accompanied by a bid guarantee made payable to the
Owner in an amount at least equal to five percent of the bidder's maximum bid price
and in the form of a certified check or bid bond.
Performance and Payment Bond(s):
7.2. The Contractor shall furnish a combined performance and payment bond in an
amount at least equal to 100 percent of the Contract Price (or, if required
elsewhere in the Contract Documents, the Contractor shall furnish separate
performance and payment bonds, each in an amount at least equal to 100 percent of
the Contract Price) as security for the faithful performance and payment of all the
Contractor's obligations under the Contract Documents. This(these) bond(s) are to
be delivered to the Owner by the Contractor along with the executed
Agreement /Contract. The Owner shall forward a copy of this(these) bond(s) to the
Florida Department of Environmental Protection.
FDEP 8
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER -03Lh
Insurance:
7.3. The Owner and /or the Contractor (as required elsewhere in the Contract
Documents) shall purchase and maintain, during the period of construction, such
liability insurance as is appropriate for the Work being performed and furnished and
as will provide protection from claims that may arise out of, or result from, the
Contractor's performance and furnishing of the Work (whether the Work is to be
performed or furnished by the Contractor or any subcontractor at the Work site) and
the Contractor's other obligations under the Contract Documents. This insurance is
to include workers' compensation insurance, comprehensive general liability
insurance, comprehensive automobile liability insurance, and contractual liability
insurance applicable to the Contractor's indemnification obligations and is to be
written for not less than the limits of liability and coverages determined by the
Owner or required by law, whichever is greater.
7.4. The Owner and /or the Contractor (as required elsewhere in the Contract
Documents) shall purchase and maintain, during the period of construction, property
insurance upon the Work at the Work site in an amount equal to the full replacement
cost of the Work or the full insurable value of the Work. This insurance is to
include the interests of the Owner, the Contractor, and all subcontractors at the
Work site (all of whom are to be listed as insureds or additional insured parties);
is to insure against the perils of fire and extended coverage; and is to include
"all- risk" insurance for physical loss or damage due to theft, vandalism and
malicious mischief, collapse, water damage, and /or all other risks against which
coverage is obtainable.
7.5. Before any Work at the Work site is started, the Contractor shall deliver to
the Owner certificates of insurance that the Contractor is required to purchase and
maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other
provisions of the Contract Documents, and the Owner shall deliver to the Contractor
certificates of insurance that the Owner is required to purchase and maintain in
accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the
Contract Documents. The Owner shall forward a copy of these certificates to the
Florida Department of Environmental Protection.
ARTICLE 8 - AWARD OF AGREEMENT /CONTRACT
8.1. If this Agreement /Contract is awarded, it is to be awarded to the lowest
responsive, responsible bidder. A fixed -price (lump -sum or unit -price or both)
agreement /contract is to be used. A clear explanation of the method of evaluating
bids and the basis for awarding this Agreement /Contract
are included elsewhere in the Bidding Documents. All bids may be rejected when in
the best interest of the Owner.
FDEP 9
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
ARTICLE 9 - CONTRACT TIME AND NOTICE TO PROCEED
Contract Time:
9.1. The number of days within which, or the date by which, the Work is to be
completed and ready for final payment (the Contract Time) is set forth elsewhere in
the Contract Documents.
Notice to Proceed:
9.2. The Owner shall give the Contractor a notice to proceed fixing the date on
which the Contract Time will commence to run. The Owner shall forward a copy of
this notice to proceed to the Florida Department of Environmental Protection.
ARTICLE 10 - IT EMIZ ED CONSTRUCTI COST BREAKDOWN; CONSTRUCTION AND PAYMENT
SCHEDULES
10.1. The Contractor shall submit to the Owner, within ten calendar days after the
Effective Date of this Agreement /Contract, an itemized construction cost breakdown
and construction and payment schedules.
10.1.1. The itemized construction cost breakdown, or schedule of values, is to
include quantities and prices of items aggregating the Contract Price and is to
subdivide the Work into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such prices are to include an
appropriate amount of overhead and profit applicable to each item of Work.
10.1.2. The construction, or progress, schedule is to indicate the Contractor's
estimated starting and completion dates for the various stages of the Work and is
to show both the projected cost of Work completed and the projected percentage of
Work completed versus Contract Time.
10.1.3. The payment schedule is to show the Contractor's projected progress and
final payments cumulatively by month.
ARTICLE 11 - AVAILABILITY OF LANDS
11.1. The Owner shall furnish all lands and shall obtain all rights -of -ways
and easements upon which the Work is to be performed and furnished.
FDEP 10
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
ARTICLE 12 - FLORIDA DEPARTM OF ENVIRONMENTAL PROTECTION CONSTRUCTION PERMIT(S)
12.1. The Owner shall obtain the appropriate Florida Department of Environmental
Protection construction permit(s) required for the Work.
ARTICLE 13 - ENGINEER
13.1. The Owner shall employ a professional engineer registered in the State of
Florida to oversee the Work.
ARTICLE 14 - APPLICATIONS FOR PAYMENT
14.1. The Contractor's applications for payment are to be accompanied by such
certificates or documents as may be reasonably required. The Owner shall forward a
copy of such certificates or documents as may be reasonably required to the Florida
Department of Environmental Protection.
ARTICLE 15 - ACCESS TO RECORDS
15.1. Authorized representatives of the Owner, the Florida Department of
Environmental Protection, and the United States Environmental Protection Agency
shall have access to, for the purpose of inspection, any books, documents, papers,
and records of the Contractor that are pertinent to this Agreement /Contract. The
Contractor shall retain all books, documents, papers, and records pertinent to this
Agreement /Contract for a period of five years after receiving and accepting final
payment under this Agreement /Contract.
ARTICLE 16 - ACCESS TO WORK SITE(S
16.1. Authorized representatives of the Owner, the Florida Department of
Environmental Protection (FDEP), and the United States Environmental Protection
Agency (USEPA) shall have access to the Work site(s) at any reasonable time. The
Contractor shall cooperate (including making available working copies of plans and
specifications and supplementary materials) during Work site inspections conducted
by the Owner, the FDEP, or the USEPA.
ARTICLE 17 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES
17.1. A goal of 9 * percent of the Contract Price is established for Minority
Business Enterprise (MBE) participation in the Work, and a goal of 3 * percent of
the Contract Price is established for Women's Business Enterprise (WBE)
participation in the Work. If bidders or prospective contrators (including the
Contractor) intend to let any lower -tier goods or services (including construction)
subcontracts for any portion of the Work, they shall physically include these
percentage goals for MBE and WBE participation in all solicitations for subcontracts
and shall take affirmative steps to assure that MBEs and WBEs are utilized, when
possible, as sources of goods and services. Affirmative steps are to include the
following: (a) including small, minority, and women's businesses on solicitation
lists; (b) assuring that small, minority, and women's businesses are solicited
whenever they are potential sources; (c) dividing total requirements, when
economically feasible, into small tasks or quantities to permit maximum
participation by small, minority, and women's businesses;(d) establishing delivery
schedules, when requirements permit, that will encourage participation by small,
minority, and women's businesses; and (e) using the services of the Small Business
Administrative and the Office of Minority Business Enterprise of the United States
Department of Commerce as appropriate.
FDEP 11
SUPPLEMENTARY CONDITIONS (CONSTRUCTION. PROCUREMENT) EXHIBIT WATER -03Lh
*The percentage goals for MBE and WBE participation are to be inserted
by the Owner and are to be based upon the percentage goals that have been, or
will be, stipulated in the State revolving fund loan agreement
for the Owner's FDEP- assisted Project.
17.2. Within ten calendar days after being notified of being the apparent
Successful Bidder, the apparent Successful Bidder shall submit to the Owner
documentation of the affirmative steps it has taken to utilize Minority and Women's
Business Enterprises (MBEs and WBEs) in the Work and documentation of its intended
use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file
and shall forward to the Florida Department of Environmental Protection a copy of
the apparent Successful Bidder's documentation concerning its intended use of MBEs
and WBEs in the Work.
17.3. Minority and Women's Business Enterprise (MBE and WBE) participation in the
Work is to be considered in the award of this Agreement /Contract. The Owner shall
not execute this Agreement /Contract until the Florida Department of Environmental
Protection has approved the extent of MBE and WBE participation in the Work.
ARTICLE 18 - VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR ACT, SECTION
508 OF THE CLEAN WATER ACT, AND EXECUTIVE ORDER 11738)
18.1. The Contractor, and all subcontractors at any tier, shall comply with all
applicable standards, orders, or requirements issued under Section 306 of the Clean
Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or
Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal
contracts, grants, or loans, of facilities included on the United States
Environmental Protection Agency's List of Violating Facilities.
18.2. In accordance with 40 CFR Part 15, if the price of this
Agreement /Contract exceeds $100,000 and /or if this Agreement /Contract is otherwise
nonexempt from 40 CFR Part 15, the Contractor agrees to the following:
18.2.1. the Contractor will not use any facility on the United States
Environmental Protection Agency's List of Violating Facilities in the performance
of this Agreement /Contract for the duration of time that the facility remains on
the List;
18.2.2. the Contractor will notify the Florida Department of Environmental
Protection /United States Environmental Protection Agency (USEPA) if a facility it
intends to use in the performance of this Agreement /Contract is on the USEPA's
List of Violating Facilities or if it knows that a facility it intends to use in
the performance of this Agreement /Contract has been recommended to be placed on
the USEPA's List of Violating Facilities; and
18.2.3. in the performance of this Agreement /Contract, the Contractor will
comply with all requirements of the Clean Air Act and the Clean Water Act,
including the requirements of Section 114 of the Clean Air Act and Section 308 of
the Clean Water Act, and all applicable clean air standards and clean water
standards.
18.3. If the Contractor, or any subcontractor at any tier, awards any lower -tier
goods or services (including construction) subcontracts for any portion of the Work,
it shall physically include in all such subcontracts the following provision:
18.3.1. The Subcontractor shall comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]),
Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738
(Administration of the Clean Air Act and the Federal Water Pollution Control Act
FDEP 12
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which
prohibit the use, under nonexempt Federal contracts, grants, or loans, of
facilities included on the United States Environmental Protection Agency's
(USEPA's) List of Violating Facilities. In accordance with 40 CFR Part 15, if
the price of this Subcontract exceeds $100,000 and /or if this Subcontract is
otherwise nonexempt from 40 CFR Part 15, the Subcontractor agrees to the
following: (a) the Subcontractor will not use any facility on the USEPA's List of
Violating Facilities in the performance of this Subcontract for the duration of
time that the facility remains on the List; (b) the Subcontractor will notify the
Florida Department of Environmental Protection /USEPA if a facility it intends to
use in the performance of this Subcontract is on the USEPA's List of Violating
Facilities or if it knows that a facility it intends to use in the performance of
this Subcontract has been recommended to be placed on the USEPA's List of
Violating Facilities; and (c) in the performance of this Subcontract, the
Subcontractor will comply with all requirements of the Clean Air Act and the
Clean Water Act, including the requirements of Section 114 of the Clean Air Act
and Section 308 of the Clean Water Act, and all applicable clean air standards
and clean water standards. In addition, if the Subcontractor awards any
lower -tier goods or services (including construction) subcontracts under this
Subcontract, the Subcontractor shall physically include this provision in all
such subcontracts.
ARTICLE 19 - DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549
19.1. If the price of this Agreement /Contract equals or exceeds $25,000, the Owner
shall not award this Agreement /Contract, nor permit any lower -tier goods or services
(including construction) subcontract with a price equaling or exceeding $25,000 to
be awarded, to any party that is debarred or suspended or is otherwise excluded
from, or ineligible for participation in, Federal assistance programs under
Executive Order 12549 (Debarment and Suspension).
19.2. The attention of all bidders or prospective contractors (including the
Contractor) is directed to the certification /clause entitled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions ", which has been extracted from Appendix B to 40 CFR Part 32
and included as Appendix A to these Supplementary Conditions. The
certification /clause entitled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" is
applicable to this Agreement /Contract if the price of this Agreement /Contract equals
or exceeds $25,000.
19.3. If bidders or prospective contractors (including the Contractor), or any
prospective subcontractors at any tier, intend to let any lower -tier goods or
services (including construction) subcontracts for any portion of the Work, they
shall physically include the certification /clause entitled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions ", which is included as Appendix A to these Supplementary Conditions, in
all lower -tier goods and services (including construction) subcontracts with a price
equaling or exceeding $25,000 and in all solicitations for such subcontracts.
ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11
20.1. If the price of this Agreement /Contract exceeds $10,000, the Contractor, and
each construction subcontractor awarded a lower -tier construction subcontract with a
price exceeding $10,000, shall comply with Executive Order 11246 of September 24,
1965 (Equal Employment Opportunity), as amended by Executive Order 11375 of October
13, 1967, and as supplemented in United States Department of Labor regulations (41
CFR Part 60).
FDEP 13
SUPPLEMENTARY CONDITIONS (CONSTRUCTION,PROCUREMENT) EXHIBIT WATER -03Lh
20.2. The attention of all bidders or prospective contractors (including the
Contractor) is directed to the following, all of which are applicable to this
Agreement /Contract if the price of this Agreement /Contract exceeds $10,000:
20.2.1. the "Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246) ", which has been extracted from 41
CFR 60- 4.2(d) and included as Appendix B to these Supplementary Conditions;
20.2.2. the "Goals and Timetables for Minorities and Females ", which are
included as Appendix C to these Supplementary Conditions;
20.2.3. the "Equal Opportunity Clause ", which has been extracted from
41 CFR 60- 1.4(b) and included as Appendix D to these Supplementary Conditions;
20.2.4. the "Notice to Be Posted ", which has been extracted from 41 CFR
60- 1.42(a) and included as Appendix E to these Supplementary Conditions;
20.2.5. the "Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246) ", which have been extracted from 41 CFR
60- 4.3(a) and included as Appendix F to these Supplementary Conditions;
20.2.6. the "Certification of Compliance with 41 CFR 60 -1.7: Reports and Other
Required Information ", which is required by 41 CFR 60- 1.7(b) and is included as
Appendix G to these Supplementary Conditions; and
20.2.7. the "Certification of Nonsegregated Facilities ", which is required by 41
CFR 60- 1.8(b) and is included as Appendix H to these Supplementary Conditions.
20.3. If bidders or prospective contractors (including the Contractor), or any
prospective construction subcontractors at any tier, intend to let any lower -tier
construction subcontracts for any portion of the Work, they shall physically include
in all lower -tier construction subcontracts with a price exceeding $10,000 and in
all solicitations for such subcontracts the "Notice of Requirement for Affirmative
Action to Ensure Equal Employment Opportunity (Executive Order 11246) ", the "Goals
and Timetables for Minorities and Females ", the "Equal Opportunity Clause ", the
"Notice to Be Posted ", the "Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order 11246) ", the "Certification of
Compliance with 41 CFR 60 -1.7: Reports and Other Required Information ", and the
Certification of Nonsegregated Facilities ", which are included as
Appendices B through H to these Supplementary Conditions.
20.4. If the price of this Agreement /Contract exceeds $10,000, all bidders shall
complete and submit to the Owner, with their bids, the "Certification of Compliance
with 41 CFR 60 -1.7: Reports and Other Required Information ", which is included as
Appendix G to these Supplementary Conditions. In addition, if bidders (including
the Contractor), or any prospective construction subcontractors at any tier, intend
to let any lower -tier construction subcontracts for any portion of the Work, they
shall obtain the "Certification of Compliance with 41 CFR 60 -1.7: Reports and Other
Required Information" from each prospective construction subcontractor that may be
awarded a lower -tier construction subcontract with a price exceeding $10,000 and
shall do so at the time bids or offers for each such subcontract are received or at
the outset of negotiations for each such subcontract.
20.5. If the price of this Agreement /Contract exceeds $10,000, the apparent
Successful Bidder shall complete and submit to the Owner, within ten calendar days
after being notified of being the apparent Successful Bidder, the "Certification of
Nonsegregated Facilities ", which is included as Appendix H to these Supplementary
Conditions. In addition, if the Contractor, or any construction subcontractor at
any tier, intends to let any lower -tier construction subcontracts for any portion of
the Work, it shall obtain the "Certification of Nonsegregated Facilities" from each
prospective construction subcontractor that will be awarded a lower -tier
construction subcontract with a price exceeding $10,000 and shall do so before
awarding each such subcontract.
FDEP 14
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
20.6. If the price of this Agreement /Contract exceeds $10,000, the Owner shall give
written notice to the Director of the Office of Federal Contract Compliance Programs
within ten working days of award of this Agreement /Contract. The notice is to
include the name, address, and telephone number of the Contractor; the employer
identification number of the Contractor; the dollar amount of this
Agreement /Contract; the estimated starting and completion dates of this
Agreement /Contract; the number of this Agreement /Contract; and the geographical area
in which the Work is to be performed.
20.7. If the price of this Agreement /Contract equals or exceeds $50,000 and if the
Contractor has 50 or more employees, the Contractor shall file with the Florida
Department of Environmental Protection (FDEP) /United States Environmental Protection
Agency (USEPA), within 30 calendar days after the award of this Agreement /Contract,
a report on Standard Form 100 (EEO -1), which has been promulgated jointly by the
Office of Federal Contract Compliance Programs, the Equal Employment Opportunity
Commission, and Plans for Progress, unless the Contractor has submitted such a
report within 12 months preceeding the date of award of this Agreement /Contract. In
addition, the Contractor shall ensure that each construction subcontractor having 50
or more employees and a lower -tier construction subcontract with a price equaling or
exceeding $50,000 also files with the FDEP /USEPA, within 30 calendar days after the
award to it of the lower -tier construction subcontract, a report on Standard Form
100 (EEO -1) unless the construction subcontractor has submitted such a report within
12 months preceding the date of award of the lower -tier construction subcontract.
(Subsequent reports are to be submitted annually in accordance with 41 CFR 60- 1.7(a)
or at such other intervals as the Director of the Office of Federal Contract
Compliance Programs may require.)
FDEP 15
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION - LOWER TIER COVERED TRANSACTIONS
[Note: This certification /clause has been extracted from Appendix B to
40 CFR Part 32 and is applicable to all FDEP- assisted goods and services (including
construction) contracts and subcontracts with a price equaling or exceeding $25,000;
this certification /clause is to be included in all FDEP- assisted goods and services
(including construction) contracts and subcontracts with a price equaling or
exceeding $25,000 and in all solicitations for such contracts and subcontracts.]
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant
is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms "covered transaction ", "debarred ", "suspended ", "ineligible ", "lower
tier covered transaction ", "participant ", "person ", "primary covered transaction ",
"principal ", "proposal ", and "voluntarily excluded ", as used in this clause, have
the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this
proposal that it will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions ", without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment
of a system of records in order to render in good faith the certification required
by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
FDEP 16
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and /or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
(3) The prospective lower -tier participant also certifies that it and its
principals:
(a) 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 anti -trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(b) Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (3)(a) of this certification; and
(c) Have not within a three -year period preceding this proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
Where the prospective lower -tier participant is unable to certify to any of the
above, such prospective participant shall attach an explanation to this proposal.
FDEP 17
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)
[Note: This notice has been extracted from 41 CFR 60- 4.2(d) and is applicable to
all FDEP- assisted construction contracts and subcontracts with a price exceeding
$10,000; this notice is to be included in all FDEP- assisted construction contracts
and subcontracts with a price exceeding $10,000 and in all solicitations for such
contracts and subcontracts.]
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in each trade on on all
construction work in the covered area, are as follows:
Goals for minority Goals for female
Timetables participation for each participation in each
trade trade
Insert goals for Insert goals for
each year. each year.
These goals are applicable to all the Contractor's construction work (whether or
not it is Federal or federally assisted) performed in the covered area. If the
contractor performs construction work in a geographical area located outside of the
covered area, it shall apply the goals established for such geographical area where
the work is actually performed. With regard to this second area, the contractor
also is subject to the goals for both its federally involved and nonfederally
involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR
Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause,
specific affirmative action obligations required by the specifications set forth in
41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and
female employment and training must be substantially uniform throughout the length
of the contract, and in each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer
of minority or female employees or trainees from Contractor to Contractor or from
project to project for the sole purpose of meeting the Contractor's goals shall be
a violation of the contract, the Executive Order and the regulations in 41 CFR Part
60 -4. Compliance with the goals will be measured against the total work hours
performed.
3. The Contractor shall provide written notification to the Director of the Office
of Federal Contract Compliance Programs within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification shall list
the name, address and telephone number of the subcontractor; employer
identification number of the subcontractor; estimated dollar amount of the
subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the subcontract is to be performed.
4. As used in this Notice, and in the contract resulting from this solicitation,
the "covered area" is
FDEP 18
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
(Insert description of the geographical areas where the
contract is to be performed giving the state, county and
city, if any.)
FDEP 19
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
GOALS AND TIMETABLES FOR MINORITIES AND FEMALES
[Note: These goals and timetables are the goals and timetables referred to in
Paragraph 2 of the "Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246) "; these goals and timetables are to
be included in all FDEP- assisted construction contracts and subcontracts with a
price exceeding $10,000 and in all solicitations for such contracts and
subcontracts.]
Appendix A
The following goals and timetables for female utilization shall be included in all
Federal and federally assisted construction contracts and subcontracts in excess of
$10,000. The goals are applicable to the contractor's aggregate on -site
construction workforce whether or not part of that workforce is performing work on
a Federal or federally- assisted construction contract or subcontract.
Area covered: Goals for Women apply nationwide.
Goals and Timetables
Timetable Goals (percent)
Indefinite
MW
Appendix B -80
Until further notice, the following goals for minority utilization in each
construction craft and trade shall be included in all Federal or federally assisted
construction contracts and subcontracts in excess of $10,000 to be performed in the
respective geographical areas. The goals are applicable to each nonexempt
contractor's total onsite construction workforce, regardless of whether or not part
of that workforce is performing work on a Federal, federally assisted or
nonfederally related project, contract or subcontract.
Construction contractors which are participating in an approved Hometown Plan (see
41 CFR 60 -4.5) are required to comply with the goals of the Hometown Plan with
regard to construction work they perform in the area covered by the Hometown Plan.
With regard to all their other covered construction work, such contractors are
required to comply with the applicable SMSA or EA goal contained in this Appendix
B -80.
FDEP 20
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
Economic Areas
State
Goal (percent)
Florida
041 Jacksonville, FL:
SMSA Counties:
2900 Gainesville, FL .... ............................... 20.6
FL - Alachua
3600 Jacksonville, FL ... ............................... 21.8
FL - Baker, Clay, Duval, Nassau, St. Johns
Non -SMSA Counties ......... ............................... 22.2
FL - Bradford, Columbia, Dixie, Gilchrist,
Hamilton, LaFayette, Levy, Marion, Putnam,
Suwannee, Union; GA - Brantley, Camden,
Charlton, Glynn, Pierce, Ware
042 Orlando - Melbourne - Daytona Beach, FL:
SMSA Counties:
2020 Daytona Beach, FL .................................. 15.7
FL - Volusia
4900 Melbourne - Titusville - Cocoa, FL ................ 10.7
FL - Brevard
5960 Orlando, FL ........ ............................... 15.5
FL - Orange, Osceola, Seminole
Non -SMSA Counties ......... ............................... 14.9
FL - Flagler, Lake, Sumter
043 Miami - Fort Lauderdale, FL:
SMSA Counties:
2680 Fort Lauderdale - Hollywood, FL ................... 15.5
FL - Broward
5000 Miami, FL .......... ............................... 39.5
FL - Dade
8960 West Palm Beach - Boca Raton, FL .................. 22.4
FL - Palm Beach
Non -SMSA Counties ......... ............................... 30.4
FL - Glades, Hendry, Indian River, Martin,
Monroe, Okeechobee, St. Lucie
FDEP 21
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
Economic Areas
State
Florida - continued
Goal (percent)
044 Tampa - St. Petersburg, FL:
SMSA Counties:
1140 Bradenton, FL ...... ...............................
15.9
FL - Manatee
2700 Fort Myers, FL ..... ...............................
15.3
FL - Lee
3980 Lakeland - Winter Haven, FL .......................
18.0
FL - Polk
7510 Sarasota, FL ....... ...............................
10.5
FL - Sarasota
8280 Tampa - St. Petersburg, FL ........................
17.9
FL - Hillsborough, Pasco, Pinellas
Non -SMSA Counties ......... ...............................
17.1
FL - Charlotte, Citrus, Collier, DeSoto,
Hardee, Hernando, Highlands
045 Tallahassee, FL:
SMSA Counties:
8240 Tallahassee, FL .... ............................... 24.3
FL - Leon, Wakulla
Non -SMSA Counties ......... ............................... 29.5
FL - Calhoun, Franklin, Gadsden, Jackson,
Jefferson, Liberty, Madison, Taylor
046 Pensacola - Panama City, FL:
SMSA Counties:
6015 Panama City, FL .... ............................... 14.1
FL - Bay
6080 Pensacola, FL ...... ............................... 18.3
FL - Escambia, Santa Rosa
Non -SMSA Counties ......... ............................... 15.4
FL - Gulf, Holmes, Okaloosa, Walton,
Washington
FDEP 22
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX D TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
EQUAL OPPORTUNITY CLAUSE
[Note: This clause has been extracted from 41 CFR 60- 1.4(b) and is applicable to
all FDEP- assisted construction contracts and subcontracts with a price exceeding
$10,000; this clause is to be included in all FDEP- assisted construction contracts
and subcontracts with a price exceeding $10,000 and in all solicitations for such
contracts and subcontracts.]
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited
to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion, sex,
or national origin.
(3) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses 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 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(7) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
FDEP 23
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
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.
FDEP 24
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX E TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
NOTICE TO BE POSTED
[Note: This notice has been extracted from 41 CFR 60- 1.42(a) and is the notice
referred to in Paragraphs (1) and (3) of the "Equal Opportunity Clause "; this
notice is to be included in all FDEP- assisted construction contracts and
subcontracts with a price exceeding $10,000 and in all solicitations for such
contracts and subcontracts.]
EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW - DISCRIMINATION IS PROHIBITED
BY THE CIVIL RIGHTS ACT OF 1964 AND BY EXECUTIVE ORDER NO. 11246
Title VII of the Civil Rights Act of 1964 - Administered by:
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin
by Employers with 75 or more employees, by Labor Organizations with a hiring hall
of 75 or more members, by Employment Agencies, and by Joint Labor - Management
Committees for Apprenticeship or Training. After July 1, 1967, employers and labor
organizations with 50 or more employees or members will be covered; after July 1,
1968, those with 25 or more will be covered.
ANY PERSON
Who believes he or she has been discriminated against
SHOULD CONTACT
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
2401 E Street NW, Washington, D.C. 20506
Executive Order No. 11246 - Administered by:
THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin,
and requires affirmative action to ensure equality of opportunity in all aspects of
employment.
By all Federal Government Contractors and Subcontractors, and by Contractors
Performing Work Under a Federally Assisted Construction Contract, regardless of the
number of employees in either case.
ANY PERSON
Who believes he or she has been discriminated against
SHOULD CONTACT
THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
U.S. Department of Labor, Washington, D.C. 20210
APPENDIX F TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
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SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
[Note: These specifications have been extracted from 41 CFR 60- 4.3(a) and are
applicable to all FDEP- assisted construction contracts and subcontracts with a price
exceeding $10,000; these specifications are to be included in all FDEP- assisted
construction contracts and subcontracts with a price exceeding $10,000 and in all
solicitations for such contracts and subcontracts.]
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from
which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs,
United States Department of Labor, or any person to whom the Director delegates
authority;
C. "Employer identification number" means the Federal Social Security number
used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department
Form 941.
d. "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or
the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include in
each subcontract in excess of $10,000 the provisions of these specifications and the
Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance with
that Plan for those trades which have unions participating in the Plan. Contractors
must be able to demonstrate their participation in and compliance with the
provisions of any such Hometown Plan. Each Contractor or Subcontractor
participating in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to achieve each
goal under the Plan in each trade in which it has employees. The overall good faith
performance by other Contractors or Subcontractors toward a goal in an approved Plan
does not excuse any covered Contractor's or Subcontractor's failure to take good
faith efforts to achieve the Plan goals and timetables. .
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7a through p of these specifications. The goals set forth in
the solicitation from which this contract resulted are expressed as percentages of
the total hours of employment and training of minority and female utilization the
Contractor should reasonably be able to achieve in each construction trade in which
it has employees in the covered area. Covered construction Contractors performing
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SUPPLEMENTARY CONDITIO (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
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 form, and such notices may
be obtained from any Office of Federal Contract Compliance Programs office or from
Federal procurement contracting officers. The Contractor is expected to make
substantially uniform progress in meeting its 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 Contractor's obligations under these
specifications, Executive Order 11246, 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, such apprentices and trainees must be employed by the
Contractor during the training period, and the Contractor must have made a
commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be
trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the Contractor's compliance with these
specifications shall be based upon its effort to achieve maximum results from its
actions. The Contractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation,
and coercion at all sites, and in all facilities at which the Contractor's
employees are assigned to work. The Contractor, where possible, will assign two
or more women to each construction project. The Contractor shall specifically
ensure that all foremen, superintendents, and other on -site supervisory personnel
are aware of and carry out the Contractor's obligation to maintain such a working
environment, with specific attention to minority or female individuals working at
such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources
and to community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
C. Maintain a current file of the names, addresses and telephone numbers of each
minority and female off - the - street applicant and minority or 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 hiring hall for referral and was not referred back to the Contractor by the
union or, if referred, not employed by the Contractor, this shall be documented
in the file with the reason therefor, along with whatever additional actions the
Contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement has not
referred to the Contractor a minority person or woman sent by the Contractor, or
when the Contractor has other information that the union referral process has
impeded the Contractor's efforts to meet its obligations.
e. Develop on- the -job training opportunities and /or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
Contractor's employment needs, especially those programs funded or approved by
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SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
the Department of Labor. The Contractor shall provide notice of these programs
to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual
and collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible to all employees at
each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employment
decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation
of construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor's EEO
policy with other Contractors and Subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female
and community organizations, to schools with minority and female students and to
minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one month
prior to the date for the acceptance of applications for apprenticeship or other
training by any recruitment source, the Contractor shall send written
notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a Contractor's work force.
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 classifications, work assignments and
other personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the EEO
policy and the Contractor's obligations under these specifications are being
carried out.
n. Ensure that all facilities and company activities are nonsegregated except
that separate or single -user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and suppliers,
FDEP 28
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
including circulation of solicitations to minority and female contractor
associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations
(7a through p). The efforts of a contractor association, joint contractor - union,
contractor - community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under
7a through p of these Specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the Contractor's minority
and female 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 fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non - minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a
substantially disparate manner (for example, even though the Contractor has achieved
its goals for women generally, the Contractor may be in violation of the Executive
Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex,
or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of
these specifications and of the Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. Any Contractor who fails to
carry out such sanctions and penalties shall be in violation of these specifications
and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligation under these specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60 -4.8.
14. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
Government and to keep records. Records shall at least include for each employee
the name, address, telephone numbers, construction trade, union affiliation if any,
employee identification number when assigned, social security number, race, sex,
status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and locations at
FDEP 29
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records
satisfy this requirement, contractors shall not be required to maintain separate
records.
15. Nothing herein provided shall be construed as a
of other laws which establish different standards of
application of requirements for the hiring of local
those under the Public Works Employment Act of 1977
Block Grant Program).
limitation upon the application
compliance or upon the
or other area residents (e.g.,
and the Community Development
FDEP 30
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX G TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
CERTIFICATION OF COMPLIANCE WITH 41 CFR 60 -1.7: REPORTS AND OTHER REQUIRED
INFORMATION
[Note: This certification is required by 41 CFR 60- 1.7(b) and is applicable to all
FDEP- assisted construction contracts and subcontracts with a price exceeding
$10,000; this certification is to be included in all FDEP- assisted construction
contracts and subcontracts with a price exceeding $10,000 and in all solicitations
for such contracts and subcontracts.]
This certification relates to a construction contract proposed by
, which expects to finance the proposed
(insert the name of the Owner)
construction contract with assistance from the Florida Department of Environmental
Protection (which administers a State revolving fund loan program supported in part
with funds directly made available by grants from the United States Environmental
Protection Agency). I am the undersigned prospective construction contractor or
subcontractor. I certify that...
(1) I _ have/ _ have not participated in a previous contract or subcontract
subject to the Equal Opportunity Clause and
(2) if I have participated in a previous contract or subcontract subject to the
Equal Opportunity Clause, I _ have/ _ have not filed with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance Programs, or
the Equal Employment Opportunity Commission all reports due under the applicable
filing requirements.
I understand that, if I have participated in a previous contract or subcontract
subject to the Equal Opportunity Clause and have failed to file all reports due
under the applicable filing requirements, I am not eligible, and will not be
eligible, to have my bid or offer considered, or to enter into the proposed contract
or subcontract, unless and until I make an arrangement regarding such reports that
is satisfactory to the office where the reports are required to be filed.
I agree that I will obtain identical certifications from prospective lower -tier
construction subcontractors when I receive bids or offers or initiate negotiations
for any lower -tier construction subcontracts with a price exceeding $10,000. I also
agree that I Vti\ retain Bch certifications in my files.
5.1 a , d4g
(Signature of Authorized Official)
At4be.. W - XbR4 M�i ck t?i
hex "
(Date)
(Name and Title of Authorized Official [Print or Type)
FDEP 31
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
M v f.?!y ? ►eE iJ NE &1j - rf-AC-T h S 144
Name of Prospective Construction Contractor or Subcontractor
[Print or Type])
i laa3- 4 sT J0014 f mb plowy jw.SO ,✓ /"4 ft. 3aa .qrc>
t '. (Address and Telephone Number A Prospective Construction Contractor or
aldl•b •97Gt Subcontractor [Print or Type] )
59 - .36 887 I q
(Employer Identification Number of Prospective Construction Contractor or
Subcontractor)
FDEP 32
SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER -03Lh
APPENDIX H TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUPPLEMENTARY CONDITIONS
CERTIFICATION OF NONSEGREGATED FACILITIES
[Note: This certification is required by 41 CFR 60- 1.8(b) and is applicable to all
FDEP- assisted construction contracts and subcontracts with a price exceeding
$10,000; this certification is to be included in all FDEP- assisted construction
contracts and subcontracts with a price exceeding $10,000 and in all solicitations
for such contracts and subcontracts.]
This certification relates to a construction contract proposed by
which expects to finance the proposed
(insert the name of the Owner)
construction contract with assistance from the Florida Department of Environmental
Protection (which administers a State revolving fund loan program supported in part
with funds directly made available by grants from the United States Environmental
Protection Agency). I am the undersigned prospective construction contractor or
subcontractor. I certify that I do not and will not maintain any facilities I
provide for my employees in a segregated manner and that I do not and will not
permit my employees to perform their services at any locations under my control
where segregated facilities are maintained.
I agree that I will obtain identical certifications from prospective lower -tier
construction subcontractors prior to the award of any lower -tier construction
subcontracts with a price exceeding $10,000. I also agree that I will retain such
certifications �n M my fij.e�s,
It, II /
(Signer or A �Ihorized Official)
REw aoAN "YEA- P t -b Etj 'T`
(Date)
(Name and Title of Authorized Official [Print or Type])
ti ey +jy P; Pp -t. i N g. Co N'r oov-- ?uS t N
(N a of Prospective Construction Contractor or Subcontractor
[Print or Type])
s Jo i tNs /Ajb ? ,CWx TAcksohl il"e. I%, 39'a'% 904- 6 20- C OQ-
(Address and Telephone Number of Prospective Construction Contractor or
Subcontractor [Print or Type])
5cl- 3 &887b9
(Employer Identification Number of Prospective Construction Contractor or
Subcontractor)
FDEP 33