T3103 ATTACHMENT 3 - Statement of Assurances for Contractor-Consultant~1.pdf

24DPP01041 T3103 ATTACHMENT #3 - Statement of Assurances for Contractor-Consultant - Additional Federally Funded Agreement Provisions Applicable to Community Development Block Grant-Disaster Recovery Funded Projects

Revised 4/4/2018 1

STATEMENT OF ASSURANCES FOR CONTRACTOR-CONSULTANT

ADDITIONAL FEDERALLY FUNDED AGREEMENT PROVISIONS

APPLICABLE TO COMMUNITY DEVELOPMENT BLOCK GRANT-

DISASTER RECOVERY FUNDED PROJECTS

The purpose of this Statement of Assurances is to list requirements applicable to programs funded in whole or in part by Community Development Block Grant-Disaster Recovery (“CDBG-DR”) funds received from the U.S. Department of Housing and Urban Development (“HUD”). Not all of the requirements listed herein shall apply to all activities or work under the Contract.

As used herein, “Contractor” and “Consultant” refer to any contractors or consultants awarded a Contract to provide goods or perform services in connection with the Project and paid with CDBG-DR funds.

Contractor/Consultant agrees to comply with all applicable federal CDBG-DR laws, guidelines and standards in a manner satisfactory to the State and HUD, including all administration and compliance requirements set forth by this Statement of Assurances. To the extent that Contractor/Consultant utilizes any subconsultants/subcontractors, Contractor/Consultant shall require and ensure that each subconsultant/subcontractor comply with all applicable federal CDBG-DR laws, guidelines and standards;

any subcontracts entered into by Consultant shall set forth these requirements. Contractor/Consultant also agrees to comply with all applicable cross-cutting statutes and regulations, subject to waivers cited in the

Federal Register, Docket No. FR–5696–N–01 (March 5, 2013) (Allocations, Common Application, Waivers, and Alternative Requirements for Grantees Receiving CDBG - DR funds in Response to

Superstorm Sandy), as supplemented by additional applicable Notices published by HUD in the Federal

Register.

Contractor/Consultant agrees to comply with the requirements of Title 24 of the CFR, Part 570 (HUD regulations concerning Community Development Block Grants).

The failure to list herein a legal requirement applicable to services performed by Contractor/Consultant does not relieve the Contractor/Consultant from complying with that requirement.

A. GENERAL PROVISIONS

1. Under provisions of the Hatch Act that limit the political activity of employees and HUD regulations governing political activity (24 CFR 570.207), CDBG funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. However, a facility originally assisted with CDBG funds may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any.

2. No federally appointed funds shall be used for lobbying purposes regardless of level of government, in accordance with 2 CFR 200.450.

3. HUD rules prohibit the use of CDBG funds for inherently religious activities, as set forth in 24

CFR 570.200(j), except for circumstances specified in the Department of Housing and Urban

Development Allocations, Common Application, Waivers, and Alternative Requirements for

Grantees Receiving CDBG Disaster Recovery Funds in Response, 78 FR 14329 (March 5, 2013).

ATTACHMENT #3

BID SOLICITATION 24DPP01041

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4. HUD rules impose drug-free workplace requirements in Subpart B of 2 CFR part 2429, which adopts the government-wide implementation (2 CFR Part 182) of sections 5152-5158 of the

Drug-Free Workplace Act of 1988.

5. Citizens will be provided with an appropriate address, phone number, and times during which they may submit complaints regarding activities carried out utilizing these CDBG-DR funds. The

State will provide a written response to every citizen complaint within fifteen (15) working days of the complaint.

B. PERSONALLY IDENTIFIABLE INFORMATION: To the extent the Contractor/Consultant receives personally identifiable information, it will comply with the Privacy Act of 1974 and HUD rules and regulations related to the protection of personally identifiable information. The term

“personally identifiable information” refers to information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc., either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. See 2 CFR

200.79 & OMB M-07-16. Contractor/Consultant shall require all persons that have access to personally identifiable information (including subcontractors/subconsultants and their employees) to sign a Non-Disclosure Agreement.

C. FINANCIAL MANAGEMENT AND PROCUREMENT

1. To the extent applicable, Contractor/Consultant shall adhere to the principles and standards governing federal grant distribution as set forth in the OMB Uniform Administrative

Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Part 200).

2. Contractor/Consultant shall comply with all applicable laws pertaining to financial management, including 2 CFR Part 180 and 2 CFR Part 2424, which prohibit the making of any award or permitting any award (sub grant or contract) at any tier to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs. To the extent that it uses subcontractors or subconsultants, Contractor must verify that none of them are on the List of Parties Excluded from Federal Procurement or Non-procurement Programs promulgated in accordance with Executive Orders 12549 and 12689, “Debarment and

Suspension,” as set forth at 2 CFR Part 2424. No Contractors or Subcontractors that are on the

List may receive any CDBG funds.

3. Conflict of interest rules, as set forth in 24 CFR 570.489, 24 CFR 570.611, and 2 CFR 200.112, apply. Contractor/Consultant shall disclose in writing any potential conflict of interest to DPMC and DEP.

4. To the extent applicable, Contractor/Consultant shall comply with 24 CFR Part 570 regarding the management and disposition of cash, real and personal property acquired with CDBG-DR funds.

5. To the extent applicable, Contractor/Consultant shall comply with 24 CFR 570.489(j) regarding change of use of real property. These standards apply to real property within its control (including activities undertaken by subcontractors/subconsultants). These standards apply from the date

CDBG-DR funds are first spent until five years after the close-out of the Program.

D. RECORDS AND RECORDS RETENTION

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1. In accordance with 2 CFR 200.333, 24 CFR 570.502 and 570.506, Contractor/Consultant shall retain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement. The retention period shall be the longer of three (3) years after the expiration or termination of this Agreement, or three years after the submission of the annual performance and evaluation report in which the project is reported on for the final time, except that records for activities subject to the reversion of assets provisions at § 570.503(b)(7) or change of use provisions at § 570.505 must be maintained for as long as those provisions continue to apply to the activity. Notwithstanding the above, if any litigation, claim, or audit pertaining to the

Agreement is started before the expiration of the applicable retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required retention period, whichever is later.

2. Contractor/Consultant shall provide the State and HUD, including their representatives or agents, access to and the right to examine all records, books, papers, or documents related to the Contract and the use of CDBG funds.

E. FEDERAL LABOR STANDARDS: To the extent applicable, Contractor/Consultant shall comply with Federal Labor Standards, including:

1. Section 110 of the Housing and Community Development Act of 1974, 42 U.S.C. §5310, 24 CFR

§570.603 and HUD Handbook 1344.1 Federal Labor Standards Requirements in Housing and

Urban Development Programs, as revised, which require that all laborers and mechanics (as defined at 29 CFR §5.2) employed by Contractor/Consultant (including its subcontractors/subconsultants) in connection with construction contracts over $2,000, are paid wages at rates not less than those prevailing on similar construction in the locality as per the

Davis-Bacon Act (40 U.S.C. §3141 et seq.), as amended; except that these requirements do not apply to the rehabilitation of residential property if such property contains less than 8 units;

2. The Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts of $100,000 or greater be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work-week, and projects must comply with safety standards;

3. The Federal Fair Labor Standards Act (29 U.S.C. 201 et seq.), requiring that covered nonexempt employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rate for all hours worked in excess of the prescribed work-week;

4. The Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3), which apply to contracts and subcontracts for construction, prosecution, completion, or repair of public buildings, public works or buildings, or works financed in whole or in part by Federal loans or grants, and requires payment of wages once a week and allows only permissible payroll deductions;

5. Department of Labor regulations in parallel with HUD requirements above:

a. 29 CFR part 1: Procedures for Predetermination of Wage Rates

b. 29 CFR part 5: Labor Standards Provisions Applicable to Contracts Covering Federally

Financed and Assisted Construction (Also, Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)

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c. 29 CFR part 6: Rules of Practice for Administrative Proceedings Enforcing Labor Standards

In Federal and Federally Assisted Construction Contracts and Federal Service Contracts

d. 29 CFR part 7: Practice Before the Administrative Review Board With Regard to Federal and Federally Assisted Construction Contracts.

6. All applicable Federal Labor Standards provisions set forth in form HUD-4010.

Consultant/Contractor will ensure that form HUD-4010 is included in all bid packages and subcontracts entered into with contractors, consultants, or other third parties to supply goods or perform services in connection with the Contract activities and paid with CDBG-DR funds.

F. SECTION 3 REQUIREMENTS

1. To the extent applicable, Contractor/Consultant shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (“Section 3”). Section 3 is intended to encourage recipients of HUD funding to direct new employment, training, and contracting opportunities to the greatest extent feasible to low- and very low-income persons, and to businesses that employ these persons, within their community. Section 3 applies to grantees and subrecipients that receive assistance exceeding $200,000 in certain types of HUD funding, including CDBG funding, and to contractors and subcontractors that enter into contracts in excess of $100,000 funded by certain types of HUD funding, including CDBG funds, for any activity that involves housing construction, rehabilitation, and demolition, or other public construction. A guide to Section 3 applicability and compliance requirements is located at

HUD’s website, http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/section3

/section3, under Frequently Asked Questions (FAQs).

2. Pursuant to 24 CFR 135.38, the following language shall be included in all contracts and subcontracts:

a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section

3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

d. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/section3/section3 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/section3/section3

Revised 4/4/2018 5 as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

g. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic

Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

G. FAIR HOUSING AND NON-DISCRIMINATION

1. To the extent applicable, Contractor/Consultant shall comply with the following fair housing and non-discrimination laws. Any act of unlawful discrimination committed by

Contractor/Consultant or failure to comply with applicable laws shall be grounds for termination of the Contract.

a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §200d et seq., and the regulations issued pursuant thereto (24 CFR Part 1), which provide that no person in the

United States shall on the grounds or race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which it receives federal financial assistance and shall immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to it this assurance shall obligate it , or in the case of any transfer of such property, and transferee, for the period during which the property or structure is used for another purpose involving the provision of similar services or benefits.

b. Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3601–

3619), which requires administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing. Title VIII further prohibits discrimination against any person in the sale or rental of housing, or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, national origin, handicap or familial status.

c. Title II of the Civil Rights Act of 1968 (25 U.S.C. 1301-1303), which prohibits discrimination because of race, color, religion, or natural origin in certain places of public accommodation.

d. Architectural Barriers Act (ABA) of 1968, 42 U.S.C. 4151 et seq. The ABA requires access to buildings designed, built, altered, or leased by or on behalf of the federal government or

Revised 4/4/2018 6 with loans or grants, in whole or in part, from the federal government. As used in the ABA, the term “building” does not include privately owned residential structures not leased by the government for subsidized housing programs.

e. Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in any federally funded education program or activity.

f. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, which provides that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation, denied program benefits, or subjected to discrimination under any program or activity receiving federal funding assistance.

g. Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794d, which requires

Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities, and applies to all federal agencies when they develop, procure, maintain or use electronic and information technology.

h. Section 109 of Title I of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR 570.602), which provides that no person in the

United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under that Part. Section

109 further prohibits discrimination to an otherwise qualified individual with a handicap, as provided under Section 504 of the Rehabilitation Act of 1973, as amended, and prohibits discrimination based on age as provided under the Age Discrimination Act of 1975. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24

CFR 6.

i. Section 104(b)(2) of the Housing and Community Development Act of 1974, 42 U.S.C.

5304(b), which requires communities receiving community development block grants to certify that the grantee is in compliance with various specified requirements.

j. Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance.

k. Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq., as amended by the ADA Amendments Act of 2008, which prohibits discrimination against people with disabilities by public entities, which includes any state or local government and any of its departments, agencies or other instrumentalities.

l. Housing for Older Persons Act of 1995 (“HOPA”) (42 U.S.C. 3607), which governs housing developments that qualify as housing for persons age 55 or older.

m. Accessibility requirements contained in Title III of the Americans with Disabilities Act of

1990 (42 U.S.C. 12181 et seq.).

n. Executive Order 11063: Equal Opportunity in Housing, November 20, 1962, as amended by

Executive Order 12259, and the regulations issued pursuant thereto, which pertain to equal opportunity in housing and non-discrimination in the sale or rental of housing built with federal assistance.

o. Executive Order 11246 (Johnson), September 24, 1965, as amended by Executive Order

11375 (Johnson), October 13, 1967, as amended by Executive Order 13672 (Obama), July

21, 2014, which prohibit discrimination in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. Further, contractors and subcontractors on federal and federally assisted construction contracts shall take affirmative action to ensure that equal opportunity is provided in all aspects of their employment, including, but not limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training and apprenticeship.

p. Executive Order 12086: Consolidation of contract compliance functions for equal employment opportunity, October 5, 1978.

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q. Executive Order 12892: Leadership and Coordination of Fair Housing in Federal Programs:

Affirmatively Furthering Fair Housing, January 17, 1994.

r. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, February 11, 1994.

s. Executive Order 13166: Improving Access to Services for Persons with Limited English

Proficiency (LEP), August 11, 2000, and Federal Register Notice FR-4878-N-02 (available online at http://www.gpo.gov/fdsys/pkg/FR-2007-01-22/pdf/07-217.pdf), which require recipients of federal financial assistance to ensure meaningful access to programs and activities by LEP persons. (The State’s Language Access Plan (LAP) is available online at http://www.renewjerseystronger.org/wp-content/uploads/2014/08/NJ-DCA-LAP_Version-

1.0_2015.01.14-for-RenewJerseyStronger.pdf.).

t. Executive Order 13217: Community-Based Alternatives for Individuals with Disabilities, June 19, 2001.

u. Executive Order 13330: Human Service Transportation Coordination, February 24, 2004.

v. Implementing regulations for the above:

i. 24 CFR part 1: Nondiscrimination in Federally Assisted Programs of HUD.

ii. 24 CFR part 3: Nondiscrimination on the Basis of Sex in Education Programs or

Activities receiving Federal Financial Assistance.

iii. 24 CFR 5.105: Other Federal Requirements.

iv. 24 CFR part 6: Nondiscrimination in Programs, Activities Receiving Assistance under

Title I of the Housing and Development Act of 1974.

v. 24 CFR part 8: Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development.

vi. 24 CFR 50.4(l) and 58.5 (j): Environmental Justice.

vii. 24 CFR 91.225(a)(1): Affirmatively Furthering Fair Housing.

viii. 24 CFR 91.325(a)(1): Affirmatively Furthering Fair Housing.

ix. 24 CFR 91.325(b)(5): Compliance with Anti-discrimination laws.

x. 24 CFR 91.520: Performance Reports.

xi. 24 CFR part 100 – part 125: Fair Housing.

xii. 24 CFR part 107: Non-discrimination and Equal Opportunity in Housing under

Executive Order 11063 (State Community Development Block Grant Grantees).

xiii. 24 CFR part 121: Collection of Data.

xiv. 24 CFR part 135: Economic Opportunities for Low- and Very Low-Income Persons.

xv. 24 CFR part 146: Non-discrimination on the Basis of Age in HUD Programs or Activities

Receiving Federal Financial Assistance.

xvi. 24 CFR 570.206(c): Fair Housing Activities.

xvii. 24 CFR 570.487(b): Affirmatively Furthering Fair Housing.

xviii. 24 CFR 570.487(e): Architectural Barriers Act and Americans with Disabilities Act

(State Community Development Block Grant Grantees).

xix. 24 CFR 570.490(a)-(b): Recordkeeping requirements.

xx. 24 CFR 570.491: Performance Reviews and Audits.

xxi. 24 CFR 570.495(b): HCDA Section 109 nondiscrimination.

xxii. 24 CFR 570.506(g): Fair Housing and equal opportunity records.

xxiii. 24 CFR 570.601: Affirmatively Further Fair Housing.

xxiv. 24 CFR 570.608 and Part 35: Lead-Based Paint.

xxv. 24 CFR 570.614: Architectural Barriers Act and Americans with Disabilities Act.

xxvi. 24 CFR 570.904: Equal Opportunity and Fair Housing Review

xxvii. 24 CFR 570.912: Nondiscrimination compliance

H. CONTRACTING WITH SMALL AND MINORITY-OWNED AND VETERAN-OWNED

FIRMS, WOMEN’S BUSINESS ENTERPRISES AND LABOR AREA SURPLUS FIRMS

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1. Contractor/Consultant shall take all necessary affirmative steps to ensure contracting opportunities are provided to small and minority-owned and veteran-owned businesses, women’s business enterprises, and labor area surplus firms. As used in this contract, the terms “minority-owned business,” “veteran-owned business,” and “women’s business enterprises” means a business that is at least fifty-one percent (51%) owned and controlled by minority group members, veterans or women. For purposes of this definition, “minority group members” are

African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-

Americans, and Native Americans. Contractor may rely on written representations by businesses regarding their status as minority, women and veteran businesses in lieu of an independent investigation.

2. Affirmative steps shall include:

a. Placing qualified small and minority-, veteran- and women-owned businesses on solicitation lists;

b. Ensuring that small and minority-, veteran- and women-owned businesses are solicited whenever they are potential sources, for goods and/or services required in furtherance of the

Contract;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority-, veteran- and women-owned businesses;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority-, veteran- and women-owned businesses; and

e. Using the service and assistance, as appropriate, of organizations such as the Small Business

Administration, and the Minority Business Development Agency of the U.S. Department of

Commerce; and

f. Requiring the subcontractor, if subcontracts are to be let, to take the affirmative steps listed in subparagraphs (a) through (e) of this section.

I. ENVIRONMENTAL REGULATORY COMPLIANCE

To the extent applicable, Contractor/Consultant must comply with HUD regulations found at 24

CFR Parts 50 and 58, implementing the National Environmental Policy Act (“NEPA”), 42 U.S.C.

§4321 et seq., and other Federal environmental requirements, including but not limited to:

1. Floodplain management and wetland protection:

a. Executive Order 11990, Protection of Wetlands (May 24, 1977) (42 FR 26961), 3 CFR, 1977 Comp., p. 121, as interpreted by HUD regulations at 24 CFR 55, particularly sections

2 and 5 of the order;

b. Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp., p. 117, as interpreted in HUD regulations at 24 CFR part 55, particularly section 2(a) of the order;

2. The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), as amended, particularly sections 307(c) and (d) (16 U.S.C. §§1456(c) and(d));

3. In relation to water quality:

a. Executive Order 12088, as amended by Executive Order 12580, relating to the prevention, control and abatement of water pollution;

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b. The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 201, 300(f) et seq. and U.S.C. §349), as amended, particularly Section 1424(e) (42 U.S.C. §§ 300h-303(e)), which is intended to protect underground sources of water. No commitment for federal financial assistance can be entered into for any project which the U.S. Environmental Protection Agency (“EPA”) determines may contaminate an aquifer which is the sole or principal drinking water source for an area (40 CFR 149); and

c. The Federal Water Pollution Control Act of 1972, as amended, including the Clean Water

Act of 1977, Public Law 92-212 (33 U.S.C. §1251, et seq.) which provides for the restoration and maintenance of the chemical, physical and biological integrity of the nation’s water.

4. Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.), as amended, particularly section 7

(16 U.S.C. §1536);

5. The Fish and Wildlife Coordination Act of 1958, as amended;

6. Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.), particularly sections 7(b) and

(c) (16 U.S.C. §1278(b) and (c));

7. Executive Order 11738 (Nixon), Sept. 10, 1973, providing for administration of the Clean Air

Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or

Loans, and EPA regulations (40 CFR 15);

8. The Clean Air Act of 1970 (42 U.S.C. § 7401 et seq.) as amended, particularly sections 176(c) and (d) (42 U.S.C. § 7506(c) and (d)), and 40 CFR 6, 51, 93, which prohibits engaging in, supporting in any way, providing financial assistance for, licensing or permitting, or approving any activity which does not conform to State or Federal implementation plans for national primary and secondary ambient air quality standards.

9. The Farmland Protection Policy Act of 1981, 7 U.S.C.A. §4201 et seq., particularly sections

1540(b) and 1541 (7 U.S.C. §4201(b) and §4202), and Farmland Protection Policy, 7 CFR 658, which require recipients of federal assistance to minimize the extent to which their projects contribute to the unnecessary and irreversible commitment of farmland to nonagricultural uses;

10. Noise abatement and control requirements at 24 CFR 51B;

11. Explosive and flammable operations requirements at 24 CFR 51C;

12. Requirements at 24 CFR 58.5(i) relating to toxic chemicals and radioactive materials;

13. Environmental Justice, Executive Order 12898—Federal Actions to Address Environmental

Justice in Minority Populations and Low-Income Populations, February 11, 1994 (59 FR 7629), 3 CFR, 1994 Comp. p. 859.

J. EQUAL EMPLOYMENT OPPORTUNITY

1. All federally assisted construction contracts must include the equal opportunity clause provided under 41 CFR §60-1.4(b). Federally assisted construction contracts include any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the federal government. Construction work is defined as “the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including

Revised 4/4/2018 10 facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.” 41 CFR §60-1.3.

2. Pursuant to 41 CFR §60-1.4(b), the following language shall be included in all federally assisted construction 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, sexual orientation, gender identity, 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, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) 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 by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) 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.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

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(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such 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 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.

(8) The contractor will include the provisions of paragraphs (1) through (8) 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. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.