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HomeMy WebLinkAboutC02-216 US Dept. of AgricultureSTATE: Colorado PROJECT: Panorama Fire -Upper Cattle Creek Drainage EWP AGREEMENT NO. UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE COOPERATI T' AGREEMENT LOCALLY LED:CONTRACTING THIS AGREEMENT is hereby entered into by and between the Eagle County, State of Colorado, through its Board of County Commissioners, hereinafter called the "Sponsor"; and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called "MRCS"; WITNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created by the fires during the summer of 2002. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree that the following described work is to be constructed in accordance with the attached Plan of Work. • The Panorama Fire - Upper Cattle Creek Drainage EWP project located in Eagle and Garfield County, in accordance with the drawings and specifications provided by the Service. This work is estimated to cost $100,000. In the event that the total project costs are expected to exceed this amount, the Sponsor must obtain prior approval from NRCS to ensure that NRCS has funds to cover their share. A. The Sponsor will: 1. Provide 25 percent (cash or in -kind services) of the cost of constructing the emergency watershed protection measures described in Section A. This cost to the sponsor is estimated to be $25,000. The Sponsor will retain records to support costs incurred by the Sponsor equal to the amount of the in -kind contribution. -1- `4 2. The following individual is designated as the liaison the between the Sponsor and MRCS. Barry Smith P.O. Box 850 Eagle, CO 81631 (970) 328-8538 3. Prepare a design, construction specifications, end drawings in accordance with standard engineering principles and be in compliance with programmatic requirements. The construction plans shall be reviewed and approved by the Sponsor prior to submittal to MRCS. The construction plans for measures other than stream debris removal and disposal will be reviewed and approved by a Professional Engineer registered in the State of Colorado prior to submittal to MRCS. 4. Provide certification that real property rights have been obtained for installation of emergency watershed protection measures prior to advertising. Certification will be provided on Form SCS-ADE-78, Assurances Relating to Real Property Acquisition, as amended (no attorney's opinion is required). 5. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in obtaining adequate land and water rights, permits, and licenses needed for the emergency watershed protection measures described in Section A. 6. Contract for construction of the emergency watershed protection measures described in Section A in accordance with applicable state requirements. 7. Comply with the applicable requirements in Attachments A and B to this agreement. 8. Ensure that all contracts for construction of emergency watershed protection measures include the provisions contained in Attachment B to this agreement. 9. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance modification of construction plans, or any unresolved concerns prior to award of the contract(s) for construction of the emergency watershed protection measures. 10. Ensure that requirements for compliance with environmental and/or cultural resources laws are incorporated into the project. -2- 11. Pay the contractor. as provided in the contract(s). Submit billings for reimbursement to NRCS on Form SF-270, Request for. Advance or reimburse- ment. 12. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract(s) awarded under this agreement. This includes, but is not limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project. Such actions will be at the expense of the sponsor including legal expenses. 13. Arrange for and conduct final inspection of completed emergency watershed protection measures. Certify that the project was installed in accordance with contractual requirements. 14. Upon acceptance of the work from the contractor(s), assume responsibility for operation and maintenance. 15. Hold and save MRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the sponsor under this agreement or resulting from the work provided for in this agreement. 16. Retain all records dealing with the award and administration of contract(s) for 3 years from the date of the sponsor's submission of the FINAL Request for Reimbursement or until final 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 the litigation is resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcripts. B. NRCS will: 1. Provide 75 percent of the cost of constructing the emergency watershed protection measures described in Section A. This cost to MRCS is estimated to be $75,000. 2. Not be substantially involved with the technical or contractual administration of this agreement. However, NRCS will provide advice and counsel as needed. 3. Review and approve construction plans as identified in Section A(3) of this agreement. 4. Make payment to the Sponsor covering MRCS's share of the cost upon receipt and -3- `M approval of Form SF-270, Request for Advance or Reimbursement. 5. Be available to conduct progress checks and participate in final inspections. 6. The following individual is designated as the liaison between the Sponsor and MRCS. Dennis Davidson, District Conservationist USDA -Natural Resources Conservation Service 401 23 a Street, Suite 106 Glenwood Springs, Colorado 81601 970-945-5494- office 970-945-0837 - fax C It is mutually agreed that: 1. This agreement is effective the date it is fully executed by all parties to the agreement. It shall become null and void 90 calendar days after the date NRCS has executed this agreement if a contract has not been awarded. 2. The furnishing of financial and other assistance by NRCS is contingent upon the continuing availability of appropriations by Congress from which payment may be made and shall not obligate NRCS if Congress fails to so appropriate. 3. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 4. NRCS may terminate this agreement in whole or in part if it is determined by NRCS that the Sponsor has failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the sponsor in writing of the deter- mination and reasons for the termination, together with the effective date. Payments made by or recoveries made by MRCS under this termination shall be in accord with the legal rights and liabilities of MRCS and the Sponsor. 5. This agreement may be terminated, amended, extended, or modified by a written amendment as mutually agreed by both parties. 6. The program or activities conducted under this agreement will be in compliance with the nondiscrimination provisions contained in the Title VI and VII of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes: namely Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of -4- u 1972, and the Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of Agriculture (7CFR-15, Subparts A & B), which provide that no person in the United States shall on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the U.S. Department of Agriculture or any agency thereof. Eagle County. Colorado SPONSOR This action authorized at an official meeting of the Board of County Co iss. ners for Eagle County, State of Colorado. On the &� day of 2002. ATTY:EST: B Sara J. Fislier, Clerk �` t to the Board of County Commissioners M Michael L. Gallagher Chairman UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE LM Title: Date: GAbryanlmisc\USDA NRCS coop AgrrmtWPD -5- i ATTACHMENT A - SPECIAL PRoVISION3 . ' J the operator aPses fo comply vi ith the follow*& special provisionz, which are herabj atto01A to this a' •. �rt;ete��t .: � ;��••Qr�.p VVo stasis. r HY ti oiog ! sv*uvom , the-cooperater h prov)di ng thi certification Rat out ba)ow. It -It Is Inter d . eta. CabFerBtatAla Y rendered a fare cortWcation, or otherwise violates the yggvi�m,eab of tbeD .. . -Wd�rkj [gea Aot, the I ID*.- 3n addition to any other re ailable the . 4Ag"'ud muter tbaDM'** Free mladleg sv bt ®�edel'al g rasn ant; rpag� acl{dri . g 'Vltorkplace Act . -•; C. g k0d,substaz46neatta a dontroUid substance iu Schedules . Ag V:B40; 02) "d a$ bier ae' uGd bq reguiation (21 CFR 130911 &rough 2330&13) Ceded 6tip n es Ar t. timn =i01 afinding of (Ihrludtna a plea ofuolo x*Ormders) or impositim of Oeatenrs, or ba ap )iAdS .1 body ch "rl wl th thexes onsib to a �' .: . _ dy at'Qr p litty d term4se vlolatzoas of !8c �'eder� or 8�►te criminal dratule� x G,jr R1 fAL sfiEvW:meaaN a �i�$vderel or aan-Federal erhntnal statute QWuivi the . duti®tn� -."a*-, 011"C9 ae, or pos�esstva of Any conhvllcd substanG� n4 c g. , E gg means the dmplOY- sa of a grantor dimay engaged to the perfor manto of work uWer a a .�1cl4diftit: Rj All Aind.' ha o auspioYees; GQ All /ndirect charge employees Vdaa1 then lmpg,tt or l�voi Q• . lbaignitii�ntto the:perfQsinanee of.tbe group and lh Tera o a � ► (� P x �'Y Persoaxtel end consu[fBnts who afe direpq ::.cngaged.In tho perfornbssas of wnrk under the grant and who an on •the grantee's pnyrglL 1lhh daftltlQ*44 Pdt igtclude Worloers not•oA Elie psyranxirthe gra Lue (e g vohiuteers, Even V used to meat z:matclsln� rcga fete ., :'fdaiultaals or lhde endiahi eontraethra hot an the ��' p grantees' Dayxou: or employees eltsu[ •441P.ents or xUbtuopttactori its Overed worttplaees), • d.Cortifititlntti.* ; A: The grWo cmrdfies.ihat it -will hr WM continue to provide a drug-fres. warig3lage by; f (al :pobluibfns o tateasenfteoiifying angaoyees that the uniswful mmuf`ae f dlstrl6atiap, dLpensia�g; 'nvhit a, at use of a coAtrollid rubstanc+e is prohibited iu the e'a worEtplftce tad s#acifying the actloae'that will be taken Rgahwt employees fnt viQiafma of c 'prohibition • {b) $stabib hing• RA owing dragQae Awaret►e_ss program to I nfom bnlpldywo about• Thh danger at -drag khuse in the workplace; C�) The gn itee'agoljc�, of tDtdtitainin a drug^•e workplace; Any AVA16ble dng eounialing, rehabft'dou, and employes auhtaxao grogr4m8: and (d) The penaides tiat may be imposed upon gmployeea for drag abuse vlolatiaas occupying in fho wpe GR 19 (sil Mfg It a requirftent thxf each employee to be engaged fu the perfotrnaace of the grant be Ewen g ••tbc atitiortt+tnt- rognired W pefligraph (AN R (d) Nim'tifging ihO anployee In thWItatemeni eq a ulred b , r patagrapb 9aj that, as it cone�!%at of ettlployrgepf q � tke 1R=4 the employee wid .• �.. " (1) Abide by the terms of that. statement- and ' f - • (a3 Nofting•the employal' to Wri ft of hL or her conviction for a vlaig'son pf a crhntggl drgg jb4p e 00gorrW m the warlcplaii ao ldter than fives ealendar days after eueb 0 cvnvi st[oA; (e) $6.fthd NRC$ in:wrldn& Withla o® cider days alter receivingnotice undo a ; ono Tc► a or a t�oi arm r p• rag�raph ��(�) yea therwhe3 re ving aI noifea of such ooavletion Employee" o4 c;Oii1Cte4i.�eutpluyares ma8{ �' no o, hWuding pastaon ON to W47 grant offua .. or other deSbReej on who t vi g tN3s �erorIria %p email ilCb t9 t�►e ����. � YO ge u4less the Fcdoral ' a3'oncY l�sa de8jgnated a cantt•ai poirt�k for the rocelp{ of sv4h ttotlges, Nof�'aaf U iu¢]nda the IdW111eadnn number(s) of each affected grant; , . . {fl'x8ydag ono of the tblioiiing aatuns, wlihisa 30 ealeadar dare of recaivin� notice under purgWaph (ipl), :> fff*#to 1M►-emoloys6who Is so Onvicted • ; �i) T&Rbg appraprlate perltonnal action against juch sn �ployec, d to and lad fur • •" . r�q tile Qitation Act of 19136 am o4tnd dI or �G► o ' • t�istateni 3wlti� tip dlremesab of a Rehirb M Pt"nilfig such empioyee to pnrtlolpate satldiactorfly in a drag abnn ayilaiavrec or rohsbJuraiift prcg� iji appr<av@d-hr such purposes by,a FaderA StAte or local health, law apr waessapt, or otbaa- tppro�s�0�• ' nor, - i` ' lt+faJtltr a toed f eiYbrt t s ' (gy g g altb o conflaue tv moi�ctr:ln a druty free worl�Jaco tIp•ou impirmeptat3a>at Dt pstagtaphs •(2)r (b)i (e). (d), (a), $ad M. ' ( 3.AgeAclex vWR kelp tltd origl d of all disclosure reports in the o#yidal f&x grthuypgenpy. .. & '! $'coopriat+er msyprovade a lis[ or the sitets) for the pertolmaDce of work done In aonnocltou tt►lth 41 pecft f1q# or other sgreenttat. cation 49sard acy k6hri g311R)_LApgx MW9 f thfx mares 09PA UO S! O4 44) • . . r {, (1) No Fedual appm"ted funeb bx ra been paid or wilt he paid. by or on beltatf of the cpaperator, to say p ..0 ;'.• for ftfinc acisrg'or atttlnptfng to Influence au officer or amployas of an agency, Me�tber•pf Cgngs•�q 8sud tlfi_e an i, emptoyar of Congress, seat N�EWO& of Congress bm connectian with the awarding pf 9nyt ]'edam) torlti ack * . . ¢skid j•of a* Federal jtant; the making of any Fed ero! loan, the •4tering Into of any coopmathra ggreej#*% *VA the ea&ion, eonftuada l Itsiewal, aatondmW, or modification of any Federal aontra.0t, grant, Ioot4 or • . ceoparo a agtAerftjL . � J(a�r-fdads other tl�n Fed�rol:apprsipriate�d 3tmds hive bem� paid At m'll be bald to any penaa far bArtens % 4• attel #&g to ivAnertit an officer or employee of any agency. a b Umber of Coagresa, jkn officer ar vmploya:e q( ? Can"' s, of azi eniplop ik of a Member of Congress, in connection grith OU Vpdeinl eonrActt Dmito Loan, or enopep8tivre 2#e8s iMt, tote understipad sMU oompl to and submit Standard jPbrw • L ;; «DiscIomrs Idnin to Ipport Lobbylag," In accordance with Irtr iastmations. (3) 'ni coopamtorshallsquids: that ike-lAnguage of this carfiticetlon be inrlgded in t$p 4vf'ar4 datmmeAq far OR.•. slibavV rds rst:tl LIM (IntiudMS subcontraets, subgmfs, and caatmets tinder granur, lq.ms, send coopergfvd ' '. 8g eemenbs)'snd the all uh9dpients n6 H cerffry and disclose accordln*. TTjds ceiti ieotlon b s muUerisl reprtsePt2Ldvn of fact upon which reliaktce wasplaced when this tramctloo " . :: made or enftf*d Into. Sisbx"ion of this; cerdflcation 19 a prmequiidte for zuk ng or eMftrlag Intiu Mb 0-M;= ligr�; f igposek by seedon 1332; •Title 32, TY, S, Cad". Any person who falls to Me the reglred 4srtifuati4 ghall %o iuijea . al ct't-Penaity► of sot Isaac than 510,000 and not more titan $100,000 for maek suoh.ibllui 0. on r •flora t 8Us AajigWiMoft1Prl ( e _: Tr�e_egdirtb� (1 e:FR 30L.71 ()) ' The cooperator, certlna: to the best of Its knowled;e sud belief, that It add -its PrjhdOAS. • . . (a) Ala not presently. ebniiced,.evapcaded, proposed %r debarment, deel4red iiuilg$le, or voluntalrilp adk dod 'O•um covomd trUmacttons by any I'Bder l-department or agency; - (b) :Havant within d thrci-ycar period preceding this proposal bests convicted of orind a evil Jndgp$nt• . :;retidar id againt them fair comtaslan of fraud or a rrhnb al offeaso in eonacgtldn 4tlth obta�* g 4 brmpqn# (q obisuia;;or par�armlbg•a phblic {Fodrral, :rate or loamy trarisi>talivn or contract der . ..of Fsdwd or Mate akfit t ste�futea or croinmtas%n of atxtbeadieIIte tee �° s �ugbiic ttanelt one Xtata g at, ft, lo�aCY, bribes►, �i4�1lfai� Q� '. ''dUtrgc6n of records, m !ales -statements, or reedving stolen property; . Vie) 4 e not prnsen* bidleted rbr or otherwUs cirimivally or civilly urged by a gover-mental :�trtac; orlac�l) wLt6 aommfa� of any of the olt0usct enumerated !n p�agraph (i�b) oi'thts c�'tifieatlo�i � `• (d) *ft" not within a'OU%%-Ya r aerlod ree ' . Q' �,• cal) toriningted fbr raru:e•ar ecru defa�thia n lirado�//p epee qp crime: pubalc t8�ns. itdera 8txtx or to P g pv z al has o \MPO/ \,Poo) a'��.�04�Ztilf'�l'dt' ,: rs •� i fbmh�n astpknallm to this agart mem dlem Mr (A►ppatble tf ttda ' e�ahb ! n raemtt tE dr.alOo,Ontl. !1! a farttlEty to bo ' and�r tho Cteaaa Ate' .A►ct or tho Fadeng- iv tORA&{3 V.C.fa}� a to teed F�''A, i got �a�iaa at�irtp} . • bftorm-dr torY tiei wamest .w" as fou"M • . , P Armed atgeeemEaut �,., �,, xea,_,, �� o the H niaq�t 3 FnftconAgencytint of "Vloktng Fjtd d a. ' (b) o P ffip�I► ► ther. t utRedowl C=ftMtbnbtxlQr to the alping of ft a oteat l r9 ,CSl,,�' it 6.nwt ntb ' �iou,�ra= as 17fMto�r, Orneo orlisdan &Oviwo V,, �. ;*fin' ittt%+tk ibt,by fifty Proper 4 nae for tie petiarmaket of the " i1veltoe=at if msdet to bated att the ' • '-V*4ji Ae & F!itutf a A$ima tfst of'V'toh ft FaQteL •Et:� _ tndndvAbatahtla* M. cergicatt x, kdu dreg tUs w*zwpk' (4 An ewM nonoMpt st&, pc�eeim�att: ; Clem Air and Water Ctatq P'y� tf �e � atc�ds 5100.00k or* f dMyta he mad has tk* urea earn k#=. ,:,$tr OMthe ttha �'.d+eraiwar paw Eaaaoot,�crp3•vs.�,1�4{e13 12 notas tempt • �A. T� ctiopsrateu:$gxe� as i~a�3 ;� p) 'fib pp tk* best cOM toxompty vdth t lum air stmdards nd cleaX wnttDar,eWdana at *g rAttgMu & AThftdt =�4� Tot"t is tishsiatco a4#he' ihbr Maeesa ts, anhsz • cmpt snbmgny taeludLag #hb AL Ai *Md Jt Claude hwe the Muwink mw ilts,: Thi td='t`AV Age =LvWthe Clean, Aft• Act, as amended (42 T1.&C I et Ana as smuded by ,PabltaUw by hb*,tkw • , i 3 , did term dew sk ft tftw imm any e, 'e.abiaaE rules, ��. adndu�t ot�3 , Ica etsvMfttonk Qr o equbvMCRtv wtilab sre Ontoted ia, liftedddr•useroth l��l �s = . � � $��`ampiemiauhliarzi as � � ( =btu Cdsl Air Act (42 U'jLC=jg57*d(4 en:d appresrod :�ii� !i{tdh rcadtadihwly* df t Afr (�4 TI.2 9% is 7 n Pr at a art inn uadeir si�iiott i11(� . iaa Act x (j, ox'ruti ttp tagem►a#si#nua =. 'sad ender man Mfo. of 616 Air An (42 tu-&C. IIno-700). \"P� Page 4 AttachMant A • SPCQIRI Provistoos .• (4) The la in Ocicn water standards" means any enturceable Iimitutiou, cantrbl, condlf3on6 prohlbnlon, standards', or.ot cr rawdrement which is promulp�ted pureuant to the Water. Act or rontemCd a permit taaue4 to o discharge r by abs Envlrnnmeabd Protectisn Agency or by a State under as approved prOV2m, is *Wborized by scattan 40� of the Water Act - (33 U.S.C.1343)s or by s Iocs1 boverpmawt to ensure compIhnwa with pretre4tmeht regal. &ADtl3 sa required dry .•• ' swdw 307 vt'thc Water' Act (3 U.S.C.1317). ' (5) The to,%Wanmplisn M" Mans compliabce Wiffi clean air or water standards. Complltance shag daa mean . ' composuce Wkk the sciedWWd or plan ordered or approved by a court of cotnpehnt jurisdiction, the RMVIi ohspe:�.81. Protection AgaW or arty air or water polludou control isattad pursnaut thereto. (6) The term 11s41ty" maanl any building, plant, installatIoo, afsucture, mice, vessel or• other floating craft, lacad6n or site of operations, owned lensed, or stlpetvtiad by s sponsor, tv be ildllted In the performomet of ua gesti ent ar stibagre meet: Where 8 JOcAUCM or site of operations coatata: Ur Inetudeit more than 0" bI3Pdin& plsrat;:imatsliafion, ar structure, the vatlre location shall ba deemed to be a &dllty OZrxptwhar* the Dirgctgr, Of tcg of yadpral Atti oeg, Eavironmental rromrNoti Agency. determines fhat Indapaodeat f diltles are oallatpd fe ane. - geographical area. . V. AP3RCUra Ond cmfiapn As a ccedllion of the great or cooperative agrecmen4 the reciplat ensures and certifies that it is in complfanoa wilh and wil compty is the cou7►"se of the Agreemont With all sppikala laves, regulet ionl, N*Wutive Qrdc" sad other' ge eriW appNoble requlrewznls, indoding those set out In 7 CFR 3 o1s. 3016, 3017t 34181 3019. 3051 sdd Ab . rrhich.bereby are lnaotVerateil to this agreement by refarenee, and such other statntaty Drov Wns to are aperideguy set forth berelo. Y1. Tit Minstioa of irerdA i' ' GIn the MRCS or the ComlMrovet General, through any aathori$ed representative, sc*as to sad herWt to . ezanulne allrecords, WOW,, papers; or documents related to this agreement Acwtd all records related to reemsnt for a period df three ye9re after completion of the (erns of tbds egraament in accordance wltb the. applicable oAM CLeculor. ' �M� ♦ ATTACHMEN/. 2 - SPICZAL pjRGV3:5100 Co MIRMUC zox "SQUAL OPI?DxTU=TY Tba Contracting. Local Organization agrees to incorporated, or. eexisa to be in.,corpora.ted, into any contract for cvnstruetioz work, or .. -moc`lificatiori' thereof, as defined in the rules qad regulAtIons of . Labor �at 41 Me . Chapter 6o, which is paid for, in VIIPje j ct0za r' of .oz •in hart, with funds obtained from the Federal Government pr ' bdrrovwed on• the credit of the Federal Government pursu;-mt to grant, *nttaet, logs., inou rance, or guarantee, or undertaken pursuipt t:o .e► .y Fedetal 15rogram involving such grant, contract; loan, ins.t- apoe., or §ujkra=teei the following Equal Opportuhi,ty (Federally Aseixred-:. CR�lAt*'L1Ct101'�� Clause EQUAL OPPORTWITY (FEDERALLY ASSXSTED CONSTRUCTION) icing, tho p6rfd-tmahce of this con,tmat, th• con_ tractor a►gzeee a's follows: 1. The tractor will not discriminate against any employee' o.t s. 3plicaiit for employment because off race, color, xe� j$ on, sox,, : or :national origin. The Contractot will take . a:ffiii tivei action to ensure that applicants are eMp;oyedr =d ghat employees arm •treated duSxng employment without .• regard to their race, color, religiop, ®ex, or natj*XWj origin. 04ch action shall include, but not by limited to. ; the following: &mloyment, upgrading, demotion, or tranjrje�c;. r6c=Utment. or recruitment advertising; ja • off or • ' termlmtion; rates of pay or other forms, of compeuea4o-U, amid .41eittion for training, including dpprenticep,b,ip • • . The Contractor agrees to post in, conspieuot1s places, . avail -able to employees and appplioants for emplayMent, • latices to bd p=vidad setting forth the provieionp of this squat ' oppoxtun#y (F®derally Assisted Construction) clauses.• . 2. The Contractor will, in all solicitatiQm,B or adver ti x"4411�g than �Y-6Ye619 placed by or, on behalf of the contractor, • 54� 4. fied applicants will receive ovnsiderat� on .€or• erapla*Y%Wt without regard to race, Colon, religion, sew, .or national origin. �- IVMW� Page 2, A►U=hkde A • SPaOW PmvWons - Ccamvction 3 , The 'Contractor Will, McAd to each la Oar un-ibn or representative of workers, with which he hAs a colletitive, bargax,ning agreemexxt or othercontract or underHts=d4t% aj a©tico to be provided advising th* :said jabor tt Jon workers. l mepree entat ive of the Contrmctor' s eommi,tme�t4 ' uhdei thin : section, and shell past copies of the notice • . ih CibuspicUOUS places available to employees and epplit#, ata �o� gQIp�O�/Rlet�,t . 4. T�he Contra-ctor will comply with all provisions of p�XdCU-t .ve Order No, 11246 of September 24, 19i�5, acrid of the rulejj;'' tsgulatioria, and relevant orders of -the Secretary of Lebbr, S . The •Contractor will furni.ala all 'information and report, • ' required by Executive Order No. 11246 of September 241 1965, and by the • rules, regulations, and orders pt the SeemetaX y of •Libor, or pursuant thereto. Mond will permit access to his, book;m, records, and 8,4C0=ts by the adminiptering ageftcy; . 'aid the Secrstary of Labor for purposes of Juvestigation. to - aecei.tatin compliance with sucli rules, regulationa, aid o�tdete . • -6. 14 the ewezit of the Contractor's sioncompli;Lnes with 0he :0011;x Oj�oYtunity (Federally Assisted Construction) • clause Hof t9i contract oz with any of the said rules, regulatiapa,. or orders, thiaa contract may be canceled, texMinated, or A xspexsded, in whole or in part, =4 the- Contractor may ba . decl�S•ed ineligible for fiixthe= GoveYritnemt' contzact8 or •. fddsl. Ily assisted construction cozitracts a,n pLccordance wtth ptooedtt -es Authorized in Zxecutive Order NQ, L1246 09 Sdptetnber 24, 1965, and such other oainetiops may be I0pQs*ad A!%d remedies invoked as provided in Executive order M. 3.1246 of 8eptembee 24, 1965, or by ruse, regulation, or ordeg of thv gecretasy of Labor, or as provided by law. 7, - The donttactor will include this tgual opportunity (pedit#41ly. Assisted Canstruation) clat, a in every subQontract ot• , purchase order =Iazs exempted by the =1M, regulations :pz, , i mAerb of the Secretary of Labor sAued pursuant to svatson ' .. 204 4f Rka=tiveOrder No. 11246 0;f September 24, 2965,. eg that euch vrav-lsions will be bi ding upon eddy svbcontraetor. or vdador. Ths C=tractor will take- such action, with reitpre�t to any OUbcaatract or purchase order- as the adminiete" age n.V may direct as a. means of enforcing ouch proviaUnB, . iLitl'4 ug saZotions for noncompliance : Provided, howbver that in the event a Contractor•becomes involved Ili, -or is threatened with., litigation with a socGritr'actor o; veirdor, as, a tesil.t of suoh dizeCtion bythe administering aiganc7 t:40. Contractor may request. the United States to enter into such litigAtidrn to protect the interests of the Uh ited Stay ing :Pe}i 3 Ac,iatg• Spe�isl provisions - Consv'ucta ' actind LMA1 Organi za r.�.a n further agraas that .1 •wv ' iQ die �oat�• - a .by Zhe fib©ve : nqual Opportunity (Federally Assisted .. ;C=Vt3�uctlad): Clause with reapect to its own employmant praoticos'. ' u it part;�.aipat*s is federally assisted canst3ntiption Vorks j h evtir :that if the eoAtractir�g 7�oea1 Q.rgspi zariaa ad P*ovided; � . paartjdipating is a State or local goverrjment, the move Rqua4 . y (Ye.4erally Assisted Con5trUCtion) elagse is not ortvnit . t0p1 Feeble to ahy. agency, i=trumesitality, ar slub4tviei= of • e %Q2i:- -ggverbmeiat whic)l does hot partic;.pate in woIrk pn C& =dar tl%4 ' cr�tract . :: she Conti -acting Local organization agrees that it will a�®�.� • •mod :cooperate• aotively: with the administering agency and the Seglret0.�' •af 'L bor is abt inittg :the the compliance of Contractors 4Ad fubcontrabt'o s • . �+:h the Equal Opportunity (Federally Assisted Car,*et=UCtLon) :a�;a�i '=e:;•,,•. aa r3 tie .tujes, regulations and kelevant orders of ',the• Secret4z.' •,q S,�a�JOr r that It wi.lj fuxuish the admirzieteriag agency and the • ' Secte'tary of: Labo= • such inf ormation as they may rATIire for the jgiibjaXvjxj= of such compliance, and that it wi;1 c4herwiMe 4L 03 '.t t�ta agency in the discharge .of the agency's primarY ••: wesporisiliil.ity for: sec=iag compliance. : The Conttacting Local Organisation further a.greas that it wi g rdfraLn f old{ en,terIng into any ,contractor ccxitpact' modiflcat4op . • : ' abject tv I iVe 0 3.1245 of galatam3 er 4� e19S5 , i i# eCt�t rder No , , Ccritricito� debarxe�d from or who has not daMonistrate ltg� b , lst�y�• 'for; . Ckmerament contracts and Federally awa�stsd aonstructiV4 ooYitraCt9 _ p swat : zo the Executive Order a will carpry out ,ena s saocti=oz stud Penalties for violation of thq perual,. oppor' t=ity . : (06derally Admisted Construction) clause as may be' i as*& uppr • cci4tra.ctdrs -4nd • subcontractors by the administer a er y o 9dCrets=y' of i Lsbor pursuant to Part 11, Subpaz'4 D, of the g Local the Contracting m"a�tign agrees tGh�t. order. In addition, al orag i,9. it tails or rafhses to comply wit -Ix theme =dert}kia s the adtiLjn :starjng agency may take any or all of the fo;Ioxg aetiage i Ga-seai , • terminate, . or suspend, is whole ar in party t#15 graA-t f rot.rain in from . extehding a ay further as s i a tamps to t#e comtraabinl , tdical orgiin_itation ;under the program with xespeot to *high #s failuta or refusal occurred until satisfactory pss ra; ce Hof• Ss Uk-p aojn$Li�e has been received from ouch ContriLctiing' Local bm-uizati:o�7 acid, refer the case to the Depa ttmant' of Juar-lCa; f��' a�ropriate lmgal pzoceeding�s . 1qwpi Page 41 AuschMQnt B -• Special Pr OVisi= - C0asft=ti0R j •. NOTICE TO CONTnCTXR% LOCAL ORGA=ZAT10145. OF°• PZQU:r*X ..NT• $Q aRT:rFICATioms OF NONS33MCMTPM FACILITIES (a) A Certificati of Nonsegregated Facilities trust bo submitted by the Contracting Logan. Organization prior to aar • "r- agreement- for Federal financial assistatLca vrhere ,the Contracti.t3W Local organisation will itself perform a federally 4saisted conevcuction contract exceeding $10, 000 whirls is ,pot emempt: from! the provisions of tie Equal Opportunity zlause. (b) The Contractiug Local Orginization shall =tjLfy �rwspoc iv% federally asotsted co"truetion eontraetoril of tba Certif�catic!R.- d; .- Nonsegregated Facilities required, as folloWs: NOTICE TO PR09PECTM FEDERALLY ASSYSTED CONSTRUCTION C0IMA 0R j (a) A Certification of Nonsegrecr4ted Facilities must bg • . suBmitted prior to tho award of a federally assiated• eon3truet4on eantra ct exceeding $10, 000 which is not exempt !r'om the prowiaibis.-Of the Equal opportunity cla"3e , (b) contractors eaceiving federally asiisted: c6nstruCtion contract awards exceeding $.10 , 0 0 0 Which axe nat eacempt f rout the ' y=. Visiono of ttia Equal Opportunity clause will be required 'to pxmvids for the forwarding of 'the following notice tv pr'oepeativ� eubeQatractors for supplies and co!'Istruction contracts wbarac the •' subC=tracte exceed $10, 000 and are not exempt ftom •the prOVieions pf Che $qu,al Opp°ztuuity clause. _ NOTICE To MSI?ZCTI" 0VaCo�CTO" og RE�RM NTBFpR •. •' CSRTIFT.C'ATIONS OF NONSEGREGATED PACTLITxES (a} A Certificatioxa of NonBegregated Facilities moist be . . submitted prior to the award of a euboontract exceeding $10,000 v&ich ig not exempt from th.e provisions of the Equal Opportunity (b) ContractCYs receiving subcontract awards exceeding Slo;000. which are not exempt f rotn the provie ions of the Z4p 1. Opportunity - clause will be required to provide for thaorwRrd,ing of thy.® notioe• to prempective subcontraotoro for supplies and constructi= cont"dts Where the subcontracts exceed $10 , 000 and are not front. pz'avisions of • the Equal Opport-Unity clause . • . \Mwp� M Attachment "C" U.S. Department of Agriculture NRCS-A.DS-78 Natural Resources Conservation Service ASSURANCES RELATING TO REAL PROPERTY ACQUISITION A. PURPOSE -- This form is to be used by sponsor(s) to provide the assurances to- the Natural Resources Conservation Service of the U.S. Department of Agriculture which is required in connection with the installation of project measures which involve Federal financial assistance furnished by the Natural Resources Conservation Service. B. PROJECT MEASURES COVERED -- Name of project: Panorama Fire EWP Identity of improvement or development: Structure protection, debris removal, reseeding Location: Missouri Heights in Eagle and Garfield County, Colorado C. PEAL PROPERTY ACQUISITION ASSURANCE -- This assurance is applicable if real property interests were acquired for the installation of project measures, and/or if persons, businesses„ or farm operations were displaced as a result of such installation; and this assurance was not previously provided for in the watershed, project measure, or other type of plan. Ifthis assurance was notpreviouslyprovided, the undersigned sponsor(s) hereby assures they have complied, to the extent practicable under State law, with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. 46014655), as implemented in 7 C.F.R. Part 21. Any exceptions taken from the real property acquisition requirements under the authority of 42 U.S.C. 4655 because of State law have been or is hereby furnished to the Natural Resources Conservation Service along with the opinion of the Chief Legal Officer of the State containing a full discussion o£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 applicable, permits and licenses required by Federal, State, and local law, ordinance or regulation; and related actions have been taken to obtain the legal fight to install, operate, maintain, and inspect the above -described project measures, except for structures or improvements that are to be removed, relocated, modified, or salvaged before and/or during the installation process. This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or other consequence in the event the real properly rights are found to be inadequate during the installation process. Furthermore, this assurance is supported by an attorneys opinion attached hereto that certifies an \qu r IIVW) examination of the real property instruments and files was made and they were found to provide adequate title, right, permission and authority for the purpose(s) for which the property was acquired. If any of, the real property rights or interests were obtained by condemnation (eminent domain) proceedings, sponsor(s) further assure and agree to prosecute the proceedings to a final conclusion and pay such damages as awarded by the court. Eagle County (name of Sponsor) This action authorized at an official meeting of the Eagle Cog= Board of Co= Commissioners on 1 � ,sdw 2002. Attest: 04 °ate `� B By: * a y: Sara J. Fish r, Clerk LO Michael L. to the Board of Chairman County Commissioners 1-.1 Tom'C. Stone mmissioner By: . Menconi Commissioner