2024_SW_28_WSandRC _ Addendum No_ 3.pdf

1600 Battle Creek Road

Morrow, GA 30260

Walt Stephens and Rock Cut Road Culvert

Rehabilitation Project

ADDENDUM No. 3

Date Wednesday, October 14, 2024

Bid Number 2024-SW-28

Pre-Bid Meeting Monday, September 30, 2024 at 10:00 a.m. local time

Bid Opening Tuesday, November 5, 2024 at 10:00 a.m. local time

ADDENDUM MUST BE SIGNED AND INCLUDED IN YOUR BID SUBMITTAL

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10/14/2024 CULVERT REHABILITATION PROJECT ADDENDUM NO. 3

1. SECTION 00020 – ADVERTISEMENT FOR COMPETITIVE SEALED BID

The Clayton County Water Authority will open sealed bids from experienced licensed utility Contractors via a Virtual Teams Meeting, on October 15, 2024

November 5, 2024 at 10:00 a.m. (local time) for the Annual Contract for:

All questions related to the Project shall be submitted by email no later than 10:00 a.m., local time, on Thursday, October 3, 2024 Tuesday, October 22, 2024 to Procurement at ccwa_procurement@ccoa.usCCWA ccwa_procurement@ccwa.us.

Questions, will be addressed by Addenda. Receipt of any Addenda or amendment to this Advertisement for Bids shall be acknowledged, in writing, and shall be submitted with the Bid.

Dated this 26th day of August 2024 8th day of

October 2024.

2. SECTION 00100 – INSTRUCTIONS TO BIDDERS

1.01 Instructions

A. Bids will be received by the Clayton County Water Authority (herein called the "Owner"), at 1600 Battle Creek Road, Morrow, Georgia 30260 until 10:00 a.m., local time, 15th day of October 2024 5th day of November 2024.

1.09 Addenda and Interpretations

A. No interpretations of the meaning of the Contract Documents will be made orally to any Bidder. Every request for such interpretations should be made in writing and addressed to Procurement at ccwa_procurement@ccwa.usCCWA To be given consideration, such requests must be received by 10:00 a.m. on October 3, 2024 October 22, 2024 to permit written distribution of the response to all Bidders.

1600 Battle Creek Road

Morrow, GA 30260

Walt Stephens and Rock Cut Road Culvert

Rehabilitation Project

ADDENDUM No. 3

Date Wednesday, October 14, 2024

Bid Number 2024-SW-28

Pre-Bid Meeting Monday, September 30, 2024 at 10:00 a.m. local time

Bid Opening Tuesday, November 5, 2024 at 10:00 a.m. local time

ADDENDUM MUST BE SIGNED AND INCLUDED IN YOUR BID SUBMITTAL

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10/14/2024 CULVERT REHABILITATION PROJECT ADDENDUM NO. 3

3. SECTION 00500 – AGREEMENT

TERM OF AGREEMENT.

(a) The initial term of this Agreement shall commence on November 1, 2024 January 1, 2025, and shall terminate on October 31, 2025 December 31, 2025, unless otherwise terminated earlier as provided in this Agreement or unless renewed and extended by the

Parties in writing.

(b) Unless otherwise specified in the applicable PO, termination of this Agreement shall not act to terminate or to cancel any PO which has been issued under this Agreement prior to the effective date of such termination of this Agreement. Any such issued PO shall remain in effect and governed by the terms and conditions of this Agreement until such time as the project or engagement initiated by such PO is completed, as determined by the Authority, or is terminated.

4. SECTION 01011 – UNIQUE REQUIREMENTS

Section 01011 – Unique Requirements is missing from the published bid documents.

The specification section is attached to this Addendum.

5. SECTION 00800 – FORMS

Various formatting changes made to CCWA NEW VENDOR CHECKLIST. Replace checklist Bidders in its entirety with revised Section attached to this Addendum.

6. APPENDIX A – GEFA SUPPLEMENTAL GENERAL CONDITIONS

Various formatting changes made. Replace Appendix B – American Iron and Steel to

Bidders in its entirety with revised Section attached to this Addendum.

7. APPENDIX B – AMERICAN IRON AND STEEL

Various formatting changes made. Replace Appendix B – American Iron and Steel to

Bidders in its entirety with revised Section attached to this Addendum.

WALT STEPHENS & ROCK CUT ROAD 01011-1 UNIQUE REQUIREMENTS

CULVERT REHABILITATION PROJECT OCTOBER 2024

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SECTION 01011

UNIQUE REQUIREMENTS

PART 1 GENERAL

1.01 Scope

A. The scope of this Section is to convey to the Contractor unique and unusual stipulations and requirements which have been established for this Project. Some requirements are based on technical aspects of the Project, which are not otherwise conveyed to the Contractor. The provisions of this Section shall supersede the provisions of the Division 1 through 16 Specifications but shall not supersede the Bidding Requirements, Contract Forms, or Conditions of the Contract.

B. To accomplish the milestone dates set within this Section, the Contractor shall employ and maintain a skilled workforce resource to initiate and complete work tasks in both a sequential and concurrent manner. The Contractor shall perform extensive pre-planning activities to ensure that all necessary materials, as well as labor and equipment resources are provided to the Project site when needed and are fully utilized. In as much as the work is being performed around an existing operating water treatment facility, the Contractor shall mitigate as much as possible the impact of the new construction on the operation of the existing facility.

1.02 Milestone Dates

A. The Contractor shall be required to complete the following activities by the indicated date or days after the Notice to Proceed:

Date / Consecutive Calendar Days after Notice to

Proceed

Milestone Liquidated Damages

Per Calendar Day

60 Administration Period $0

365 Substantial Completion of All Other Work

$1,500

395 Final Completion of All Work $500

WALT STEPHENS & ROCK CUT ROAD 01011-2 UNIQUE REQUIREMENTS

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1.03 Administration Period

A. During the Administration Period the Contractor shall be limited in site access to only the following:

1. Nondestructive field verification of existing conditions.

3. Installation of any erosion and sediment control measures.

4. Job site security requirements required by Section 01540.

B. During the Administration Period the Contractor shall complete, as a minimum, the following:

1. Issuance of contracts, subcontracts, and purchase orders for all major products and systems.

2. Submit all critical path equipment and material submittals for approval and receive approval from Engineer.

3. Prepare and submit approvable documents required by Section 01300, including OPS and the Schedule of Values.

4. Obtain Engineer and Owner approval of all plans for temporary facilities and utilities.

5. Establish temporary facilities for the work.

6. Obtain Engineer and Owner approval of baseline construction schedule.

7. Obtain Engineer and Owner approval of Contractor’s personnel chart including resumes of key personnel and list of emergency contacts

8. Job site security requirements required by Section 01540.

9. Obtain permits from the appropriate regulatory agencies.

10. Obtain Engineer's approval for site access, laydown and parking areas.

11. Submit to Owner and Engineer the Contractor's Safety Plan and

Contractor's Quality Control Plan.

12. Obtain Engineer's approval of the Contractor's demolition plan and schedule.

13. Submit pre-construction videography and/or photos showing the pre-

WALT STEPHENS & ROCK CUT ROAD 01011-3 UNIQUE REQUIREMENTS

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existing conditions of the areas that may and/or will be affected by the project's construction including but not limited to: structures, facilities, utilities, processes, pavement, etc.

14. Obtain Engineer and Owner approval of any additional administrative requirements as established in the Contract Documents but not explicitly listed herein.

C. The duration of the Administration Period is 60 consecutive calendar days, after which time the Construction Period shall automatically begin. Construction Period may begin prior to the 60 days, provided all requirements of the Administration Period have been completed, submitted, and approved by the Engineer.

1.04 Submittals

A. Sequence Submittal

1. Submit a proposed sequence in accordance with Section 01300 with appropriate times of starting and completion of tasks to Engineer for review.

2. Contractor may propose alternatives to the sequencing constraints to that shown in this Section in an attempt to reduce the shutdown or disruption of the traffic and streamflow or streamline the tasks of this Contract. The Owner and Engineer are not obligated to accept any of these alternatives.

1.05 Related Work at Site

A. General

1. Other work that is either directly or indirectly related to the scheduled performance of work under these Contract Documents, listed henceforth, is anticipated to be performed at site by others.

2. Coordinate the work of these Contract Documents with work of others as specified in General Conditions.

3. Include sequencing constraints specified herein as a part of progress schedule.

1.06 Existing Site Operations

A. Contractor shall coordinate the work with the Owner so that the construction will not restrain or hinder the operation of the traffic and streamflow. If at any time, any portion of the roadway is required to be closed, the Contractor must

WALT STEPHENS & ROCK CUT ROAD 01011-4 UNIQUE REQUIREMENTS

obtain approval from the Owner.

B. Provide and maintain bypass facilities and temporary connections, as required by the Owner, to keep existing culvert(s) operational. Sequences other than those specified will be considered upon written request to Owner and Engineer, provided they afford equivalent continuity of streamflow.

C. Do not proceed with work affecting a culvert(s) operation without obtaining

Owner's and Engineer's advance approval of the need for and duration of such work. Maintain continuous access to existing site.

D. Adjacent Facilities and Properties

1. Examinations

a. After Effective Date of the Agreement and before Work at site is started, Contractor, Engineer, and affected property owners and utility owners shall make a thorough examination of pre-existing conditions including existing buildings, structures, and other improvements in vicinity of Work, as applicable, which could be damaged by construction operations.

E. Rehabilitation to the existing culvert(s) or alteration of existing culvert(s) will be made at times when the use of the facility can be conveniently interrupted for the period of time needed to make the rehabilitation or alteration. No additional compensation will be provided to the Contractor should these times extend beyond the normal 40-hour, 5-day work week.

F. After having coordinated the work with the Owner, the Contractor shall prepare a submittal in accordance with Section 01300 to include the time, time limits, and methods of each rehabilitation or alteration and have the approval of the Owner and Engineer before any work is undertaken on the rehabilitations or alterations.

G. Before any roadway or facilities are blocked off, the Owner's approval shall be obtained to coordinate traffic operations. The Contractor will be required to sequence Project activities so as to maintain access through the Project site for public transportation.

1.07 Sequencing

A. General

1. The Contractor shall be solely responsible for all construction sequencing required to meet the Project specific milestones.

2. All sequencing shall recognize physical, safety, resource, and preferential

WALT STEPHENS & ROCK CUT ROAD 01011-5 UNIQUE REQUIREMENTS

constraints.

3. The completion of specific preliminary sequencing tasks indicated will be required prior to any significant site demolition. Construction sequencing logic that unnecessarily impacts the functionality of the culvert(s) will not be permitted.

1.08 Sequencing Constraints

A. The following construction sequencing constraints are to emphasize critical tasks of the work in this Contract. These specific requirements are provided to aid the Contractor in scheduling the Work. It is not a complete list of all work to be completed or of all limitations to process interruptions.

1. Administration Period

a. Establish all erosion and sedimentation control and tree protection measures as required.

b. Establish temporary facilities.

c. Establish security requirements.

d. Submit all submittals for approval and obtain permits (including road closure).

2. Culvert Wingwall Rehabilitation

a. Clear and grub and remove marked existing trees as described in the Drawings and Specifications.

b. Coordinate with the Owner and Engineer to demolish existing marked wingwalls as described in the Drawings and Specifications while maintaining operation of existing culvert and surrounding utilities.

Remove all demolished materials and dispose offsite.

c. Contractor shall be responsible for any damage or interruption to existing utility service within and around the work area associated with demolition and replacement of the wingwall(s) and associated Work.

d. Install sheet piles.

e. Construct gabion wall and make repairs to existing culvert structure as described in the Drawings and Specifications (including all required testing and Engineer/Owner approvals). Backfill and grade as required.

WALT STEPHENS & ROCK CUT ROAD 01011-6 UNIQUE REQUIREMENTS

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f. Construct guardrail and fencing as required and as described in the Drawings and Specifications.

g. Install final stabilization measures.

END OF SECTION

CLAYTON COUNTY WATER AUTHORITY

FINANCE DEPARTMENT

1600 BATTLE CREEK ROAD I MORROW, GEORGIA 30260

Phone: (770) 960-5880 I Web Site: www.ccwa.us

CCWA NEW VENDOR CHECKLIST

Purpose of this Form: The CCWA Vendor Checklist is used by the Clayton County Water Authority (CCWA) to provide vendors/suppliers with detailed instructions on how to submit necessary forms to be added as a vendor to its financial database.

Required Forms:

1. Vendor Information Form

2. W-9 Form

3. ACH Authorization Form

a. Only required if ACH Payment is requested on Vendor Information Form.

b. E-mail form directly to ccwa_accounts_payable@ccwa.us

c. Do not e-mail ACH Authorization Form, voided checks, or Direct Deposit Forms to your CCWA

Contact

4. Contractor's Affidavit and Agreement Form (see Section 00812)

a. Required when aggregate labor services with CCWA will exceed $2,500.00.

How to submit required forms:

The table below provides guidance on the required form(s) vendor checklist submittal. Vendors shall submit applicable required forms as instructed in the table below.

FOR OFFICE USE ONLY: CCWA Requesting Department shall email Checklist and Checklist Required Forms to vendor for completion. Thereafter, Vendor Information Form & W-9 Form must be emailed to ccwa_newvendorrequest@ccwa.us.

CCWA Requesting Department shall not accept ACH Authorization Form(s) from Vendor. Contractor's Affidavit and

Agreement Form shall be added to new requisition entries as applicable.

New Vendor Required Form(s) Submittal Instructions Completed

Vendor Information Form E-mail: CCWA Contact y

W-9 Form E-mail: CCWA Contact y

ACH Authorization Form Email: Ccwa_Accounts_Payable@ccwa.us y N/A

Contractor's Affidavit & Agreement Form E-mail: CCWA Contact y N/A

GEFA-1

APPENDIX A

GEFA SUPPLEMENTAL GENERAL CONDITIONS

WALT STEPHENS & ROCK CUT ROAD

CULVERT REHABILITATION PROJECT

GEFA-2

GEORGIA ENVIRONMENT AL FINANCE AUTHORITY

SUPPLEMENTAL GENERAL CONDITIONS

for

FEDERALLY ASSISTED

STATE REVOLVING LOAN FUND

CONSTRUCTION CONTRACTS

May 9, 2014

The following standard language must be incorporated into construction contract documents and in all solicitations for offers and bids for all construction contracts or subcontracts in excess of $10,000 to be funded in whole or in part by the Federally-assisted State Revolving Fund in the State of Georgia.

These Supplemental General Conditions shall not relieve the participants in this project of responsibility to meet any requirements of other portions of this construction contract or of other agencies, whether these other requirements are more or less stringent. The requirements in these Supplemental General Conditions must be satisfied in order for work to be funded with the State Revolving Fund.

GEFA-3

TABLE OF CONTENTS

Instructions & General Requirements 3

DBE Compliance Form 4

DBE Compliance Checklist 6

Six Good Faith Efforts 7

Resources for Identifying DBE Subcontractors 8

Certification Regarding Equal Employment Opportunity 9

Certification Regarding Debarment, Suspension, & Other Responsible Matters 10

EPA Form 6100-2 DBE Subcontractor Participation Form 11

EPA Form 6100-3 DBE Subcontractor Performance Form 12

EPA Form 6100-4 DBE Subcontractor Utilization Form 13

Changes to Approved Subcontractors Form 14

DBE Annual Report Form (5700-52A) 15

Special Provisions 16

Equal Employment Opportunity (EEO) Notice 17

EEO Construction Contract Specifications (Executive Order 11246) 18

Davis-Bacon and Related Acts 22

Wage Rate Determination (and links for forms, posters, etc.) 28

Certified Payroll Review Checklist 29

GEFA-4

INSTRUCTIONS & GENERAL REQUIREMENTS

It is the policy of the State Revolving Loan Fund (SRF) to promote a fair share of subcontract, materials, equipment and service awards to small, minority, and women-owned businesses for equipment, supplies, construction, and services. Compliance with these contract provisions is required in order for project costs to be eligible for SRF funding. The fair share objective is a goal, not a quota. Failure on the part of the apparent successful bidder to submit required information to the loan recipient (Owner) may be considered by the Owner in evaluating whether the bidder is responsive to bid requirements.

THE PRIME CONTRACTOR MUST SUBMIT THE FOLLOWING ITEMS TO THE OWNER:

A. Before beginning the work of any contract:

1) DBE Compliance Form and related documentation. The Owner must submit this information to the Georgia

Environmental Finance Authority (GEFA) to demonstrate compliance with Disadvantaged Business Enterprise (DBE) requirements. GEFA concurrence is recommended prior to award of the construction contract and is required prior to commencement of any SRF-funded construction. (Pages GEFA-4&5)

2) Certification Regarding Equal Employment Opportunity. This form is required for the Prime Contractor and for all subcontractors. The Prime Contractor form should be submitted with the DBE Compliance Form, and the subcontractor forms should be submitted as the subcontracts are executed. (Page GEFA-9)

3) Certification Regarding Debarment, Suspension, & Other Responsible Matters. This form is required for the

Prime Contractor and for all subcontractors. The Prime Contractor form should be submitted with the DBE

Compliance Form and the subcontractor forms should be submitted as the subcontracts are executed. (Page GEFA- 10)

4) *EPA Form 6100-2 DBE Subcontractor Participation Form. This form gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the Prime Contractor, how much the DBE subcontractor was paid, and any concerns the DBE subcontractor might have. The Prime Contractor must provide this form to each DBE subcontractor. The DBE subcontractor can, as an option, complete and submit this form to the GEFA DBE

Coordinator, who will also forward the form to the EPA DBE Coordinator. (Page GEFA-11)

5) *EPA Form 6100-3 DBE Subcontractor Performance Form. This form captures the description of work to be performed by an intended DBE subcontractor and the price of the work. This form is to be provided by the Prime

Contractor to each DBE subcontractor and submitted with the DBE Compliance Form. (Page GEFA-12)

6) *EPA Form 6100-4 DBE Subcontractor Utilization Form. This form captures intended or anticipated use of an identified DBE subcontractor by the Prime Contractor and the estimated dollar amount of the work. This form is to be completed by the Prime Contractor and submitted with the DBE Compliance Form. (Page GEFA-13)

* 6100 FORMS ARE NOT REQUIRED WHEN ALL OF THE WORK IS SELF-PERFORMED BY THE PRIME CONTRACTOR.

B. During the performance of the contract:

7) Changes to Subcontractors Form. If any changes, substitutions, or additions are proposed to the subcontractors included in previous GEFA concurrences, the Owner must submit this information to GEFA for prior concurrence in order for the affected subcontract work to be eligible for SRF funding. (Page GEFA-14)

8) DBE Annual Report. The Owner must submit this information to GEFA no later than October 20th of any year that the construction contract is active. ( Page GEFA-15)

9) Certified Payrolls. These should be submitted to the Owner weekly for the Prime Contractor and all subcontractors. The

Owner must maintain payroll records and make these available for inspection. Use Department of Labor form WH- 347 or a similar form that contains all of the information on the Department of Labor.

THE OWNER MUST SUBMIT INFORMATION FOR GEFA REVIEW AND CONCURRENCE TO:

Georgia Environmental Finance Authority

Attention: DBE Compliance Coordinator 233 Peachtree Street, N.E.

Harris Tower, Suite 900

Atlanta, Georgia 30303 (404)584-1000; (404)584-1069 (fax) dbe_compliance@gefa.ga.gov

GEFA-5

DBE COMPLIANCE FORM

ALL INFORMATION OUTLINED ON THIS FORM IS REQUIRED FOR DBE COMPLIANCE REVIEW. THE PROPOSED PRIME

CONTRACTOR AND OWNER SHOULD ENSURE THAT THIS INFORMATION IS COMPLETE PRIOR TO SUBMITTAL.

Loan Recipient SRF Loan Number

PRIME CONTRACTOR'S AND OWNER'S CERTIFICATIONS:

I certify that the information submitted on and with this form is true and accurate and that this firm has met and will continue to meet the conditions of this construction contract regarding DBE solicitation and utilization. I further certify that criteria used in selecting subcontractors and suppliers were applied equally to all potential participants and that EPA Forms 6100-2 and 6100-3 were distributed to all DBE subcontractors.

Date

(Prime Contractor signature)

(Printed name and title)

I certify that I have reviewed the information submitted on and with this form and that it meets the requirements of the Owner's

State Revolving Fund loan contract.

(Signature of Owner or Owner's representative)

CONTACT INFORMATION

Owner contact

Owner phone number & email

Consulting Engineer contact

Consulting Engineer phone number & email

Proposed Prime Contractor

Prime Contractor contact

Prime Contractor phone number & email

Proposed total contract amount $

Proposed total MBE participation $ Percentage Goal: 4.0 percent

Proposed total WBE participation $ Percentage Goal: 4.0 percent

CONTINUED ON NEXT PAGE

GEFA-6

Please submit the following with the DBE Compliance Form:

1) List of all committed and uncommitted subcontractors by trade, including company name, address, telephone number, contact person, dollar amount of subcontract, and DBE/MBE/WBE status.

2) Indicate in writing if no solicitations were made because the Prime Contractor intends to use only its own forces to accomplish the work.

3) Proof of certification by EPA, SBA, DOT (or by state, local, Tribal, or private entities whose certification criteria match EPA criteria) for each subcontractor listed as a DBE, MBE, or WBE.

4) Documentation of solicitation efforts for prospective DBE firms, such as fax confirmation sheets, copies of solicitation letters and e-mails, printout of online solicitations, printouts of online search results and copies and affidavits of publication in newspapers or other publications. (see also, "Six Good Faith Efforts", page GEFA-7).

a. The Prime Contractor shall use the necessary resources to identify and directly solicit no less than 3 certified MBE firms and 3 certified WBE firms to bid in each expected subcontract trade or area. If a diligent and documented search of the recommended directories does not identify 3 potential certified MBE firms and 3 potential certified WBE firms, then the Prime Contractor shall post an advertisement in the Owner's local legal organ, the Owner's official website, a regional newspaper in a larger community in the proximity, the Prime Contractor's website, or some other appropriate resource.

b. The Prime Contractor is encouraged to follow-up each written, fax, or e-mail solicitation with at least 1 logged phone call.

c. Whenever possible, post solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

5) Written justification for not selecting a certified DBE subcontractor that submitted a low bid for any subcontract area.

6) Certification By Proposed Prime Contractor or Subcontractor Regarding Equal Employment Opportunity (GEFA-9)

7) Certification By Proposed Prime or Subcontractor Regarding Debarment, Suspension, and Other Responsible Matters.

(GEFA-10)

8) *EPA Form 6100-3 DBE Subcontractor Performance Form for all DBE subcontracts. (GEFA-12)

9) *EPA Form 6100-4 DBE Subcontractor Utilization Form for all DBE subcontracts. (GEFA-13)

*6100 forms are not required when all of the work is self-performed by the prime contractor.

END OF DBE COMPLIANCE FORM

GEFA-7

DBE COMPLIANCE CHECKLIST

THE PRIME CONTRACTOR MUST SUBMIT THE FOLLOWING ITEMS TO THE OWNER BEFORE THE WORK BEGINS:

Loan Recipient _ SRF Loan Number _

Include in Pack age Submittal

1. DBE Compliance Form. The Owner must sign and submit this information to the Georgia Environmental Finance Authority (GEFA) to demonstrate compliance with DBE requirements. GEFA concurrence is recommended prior to award of the construction contract and is required prior to commencement of any SRF-funded construction. (Pages GEFA-4&5)

2. Certification Regarding Equal Employment Opportunity. This form is required for the Prime Contractor and for all subcontractors. The Prime Contractor's form should be submitted with the DBE Compliance Form and the subcontractors' forms should be submitted as the subcontracts are executed. (Page GEFA-9)

3. Certification Regarding Debarment, Suspension, & Other Responsible Matters. This form is required for the Prime Contractor and for all subcontractors. The Prime Contractor's form should be submitted with the DBE Compliance Form and the subcontractors' forms should be submitted as the subcontracts are executed. (Page

GEFA-10)

4. EPA Form 6100-2 DBE Subcontractor Participation Form. This form gives a

DBE subcontractor the opportunity to describe the work the DBE subcontractor received from Prime Contractor, how much the DBE subocntractor was paid, and any other ocncerns the DBE subcontractor might have. The Prime Contractor must provide this form to each DBE subcontractor.

The DBE subcontractor can, as an option, submit this form to the GEFA DBE Coordinator, who will forward the form to the EPA DBE Coordinator. (Page GEFA-11)

5. EPA Form 6100-3 DBE Subcontractor Performance Form. This form captures an intended DBE subcontractor's description of work to be performed for the Prime

Contractor and the prioe of the work. This form is to be provided by the Prime Contractor to each DBE subcontractor and submitted with the DBE Compliance Form. (Page GEFA-12)

6. EPA Form 6100-4 DBE Subcontractor Utilization Form. This form captures the Prime Contractor's intended use of an identified DBE subcontractor and the estimated dollar amount of the work. This form is to be competed by the Prime Contractor and submitted with the DBE

Compliance Form (Page GEFA-13)

Newspaper ads Internet Websites Fax Confirmation

Copies of Solicitation Emails/letters

Copies of phone logs

PROOF OF CERTIFICATION FOR EACH SUBCONTRACTOR LISTED 6.§..6

DBE, MBE, OR WBE

PRIME CONTRACTOR ONLY TOTAL CONTRACT

AMOUNT

ALL SUBCONTRACTORS, INCLUDING DBE ARMS TRADE AMOUNT

ALL SUBCONTRACTORS, INCLUDING DBE ARMS TRADE AMOUNT

DBE SUBCONTRACTORS ONLY TRADE AMOUNT

DBE SUBCONTRACTORS ONLY TRADE AMOUNT

PRIME CONTRACTOR ONLY (Not applicable if self-performing all work, with no subcontractin

GEFA-8

SIX GOOD FAITH EFFORTS

These good faith efforts are required methods to ensure that DBEs have the opportunity to compete for procurements funded by EPA financial assistance dollars. Such good faith efforts are described as follows:

1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.

This will include placing DBEs on solicitation lists and soliciting them whenever there are potential sources.

2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process.

This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closingdate.

3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. This will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.

5. Use the resources, services, and assistance of the Department of Transportation (DOT), Small Business Administration (SBA), and the

Minority Business Development Agency of the Department of Commerce (MBDA).

6. If the Prime Contractor awards subcontracts, it must take the steps described in items (1) through (5) listed above.

Please note that DBEs, MBEs, and WBEs must be certified by EPA, SBA, or DOT (or by state, local, Tribal, or private entities whose certification criteria match EPA's). DBEs must be certified in order to be counted toward the Prime Contractor's

MBE/WBE goals. "Self-certified" DBE subcontractors will not be counted toward the Prime Contractor's MBE/WBE goals.

Depending upon the certifying agency, a DBE may be classified as a DBE, a Minority Business Enterprise (MBE), or a

Women's Business Enterprise (WBE).

The Prime Contractor must employ and document the Six Good Faith Efforts for all subcontracts, even if the Prime Contractor has achieved the fair share objectives.

The documentation of solicitations for the Six Good Faith Efforts must be detailed in order to allow for satisfactory review.

Such documentation might include fax confirmation sheets, copies of solicitation letters/emails, printouts of the online solicitations, printouts of online search results and affidavits of publication in newspapers or other publiccations. The Prime

Contractor is encouraged to follow up each written, fax, or e-mail solicitation with at least 1 logged phone call.

The Prime Contractor should attempt to identify and solicit DBEs in the geographic proximity of the project before soliciting those located farther away.

If a DBE subcontractor fails to complete work under the subcontract for any reason, the Prime Contractor must notify the

Owner in writing prior to any termination and must employ the Six Good Faith Efforts described above if using a replacement subcontractor. Any proposed changes from the approved DBE subcontractor list must be reported to the Owner and to GEFA on the Changes to Approved Subcontractors Form (GEFA-14) prior to initiation of the action. EPA Forms Nos. 6100-3 and 6100- 4 must also be submitted to GEFA for new DBE subcontracts.

GEFA-9

RESOURCES FOR IDENTIFYING DBE SUBCONTRACTORS

RESOURCES FOR IDENTIFYING DBE SUBCONTRACTOR'S FOR DIRECT SOLICITATION:

Georgia Department of Transportation (GDOT) Disadvantaged Business Enterprise Program

(404) 631-1972 http://tomcat2.dot.state.ga.us/ContractsAdministration/uploads/rptDBE_Directory_CA_New.pdf

City of Atlanta, Georgia Office of Contract Compliance

(404) 330-6010 http://pro.prismcompliance.com/

DeKalb County, Georgia Office of Purchasing and Contracting

(404) 371-4730 http://www.co.dekalb.ga.us/purchasing/pdf/supplierList.pdf

Fulton County, Georgia Purchasing and Contract Compliance

(404) 612-5800 http://www.fultoncountyga.gov/plugins/content/external_links/frameset.php?url=http%3A%2F%2Fwww.occfultoncountyga.com%2FDirector y%2FMFBEDirectoryExternal.aspx

Metropolitan Atlanta Rapid Transit Authority (MARTA) Disadvantaged Business Enterprise Program

(404) 848-4656 http://www.itsmarta.com/vendor-opportunities.aspx

United States Environmental Protection Agency http://www.epa.gov/osbp/dbe_team.htm Teree Henderson National DBE Program Coordinator

(202) 566-2222 henderson.teree@epa.gov

Georgia Environmental Finance Authority

DBE Compliance Coordinator

(404) 584-1000 www.gefa.ga.gov dbe_compliance@gefa.ga.gov

NOTES:

(1) The Prime Contractor shall use the necessary resources to identify and directly solicit no less than 3 certified MBE firms and 3

WBE firms to bid in each expected subcontract area or trade.

(2) If a diligent and documented search of the recommended directories does not identify 3 potential certified MBE firms and 3 potential certified WBE firms, then the Prime Contractor shall post an advertisement in the Owner's local legal organ, the

Owner's official website, a regional newspaper in a larger community in the proximity, the Prime Contractor's website, or some other appropriate resource. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closingdate.

(3) Expenditures to a DBE that acts merely as a broker or passive conduit of funds, without performing, managing, or supervising the work of its subcontract in a manner consistent with normal business practices may not be counted.

(4) The Prime Contractor should attempt to identify and first solicit DBEs in the geographic proximity of the project before soliciting those located farther away.

(5) Contact the GEFA DBE Compliance Coordinator at (404) 584-1000 or dbe_compliance@gefa.ga.gov for further assistance or resources.

GEFA-

CERTIFICATION BY PROPOSED PRIME CONTRACTOR OR SUBCONTRACTOR

REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

This certification is required pursuant to Executive Order 11246, Part II, Section 203 (b), (30 F.R. 12319-25). Any bidder or prospective prime contractor, or any of the proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicated that the prime or subcontractor has not filed a compliance report due under applicable instruction, such contractor shall be required to submit a compliance report.

(1) Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

YES NO

(2) Compliance Reports were required to be filed in connection with such contract or subcontract.

YES NO (If YES, state what reports were filed and with what agency.)

(3) Bidder has filed all compliance reports due under applicable instructions, including SF-100 (EEO-1

Report). YES NO (If NO, please explain in detail.)

The information above is true and complete to the best of my knowledge and belief. (A willfully false statement is punishable by law - U.S. Code, Title 18, Section 1001.)

PRINTED NAME & TITLE OF AUTHORIZED REPRESENTATIVE OF CONTRACTOR OR SUBCONTRACTOR

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

GEFA-10

CERTIFICATION BY PROPOSED PRIME CONTRACTOR OR SUBCONTRACTOR

REGARDING

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBLE MATTERS

Under Executive Order 12549 individuals or organizations debarred from participation in Federal Assistance Programs may not receive an assistance award under federal program or sub-agreement there under for $25,000 or more. Accordingly each recipient of a State loan or a contract (engineering or construction) awarded under a loan must complete the following certification (see 40 CFR 32.510).

The prospective participant certifies to the best of its knowledge and belief that it and its principals;

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and

(d) Have not within a three year period preceding this application/proposal had one or more public transactions

(Federal, State or local) terminated for cause of default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. (A willfully false statement is punishable by law - U.S. Code, Title 18, Section 1001.)

PRINTED NAME & TITLE OF AUTHORIZED REPRESENTATIVE OF CONTRACTOR OR SUBCONTRACTOR

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

I am unable to certify to the above statements. My explanation is as follows:

GEFA-11

0MB Control No: 2090-0030

Approved: 8/13/2013

Approval Expires: 8/31/2015

Disadvantaged Business Enterprise(DBE) Program

DBE SubcontractorParticipation Form

An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its

DBE subcontractors. This form gives a DBE1 subcontractor2 the opportunity to describe work received and/or report any concerns regarding the EPA-funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE

Coordinator at any time during the project period of performance.

Subcontractor Name Project Name

Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact

Address

Telephone No. Email Address

Prime Contractor Name Issuing/Funding Entity:

Contract

Item

Number

Description of Work Received from the Prime Contractor Involving

Construction, Services , Equipment or Supplies

Amount Received by Prime

Contractor

A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202.

Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100-2 (DBE Subcontractor Participation Form)

GEFA-12

Approval Expires: 8/31/2015

Disadvantaged Business Enterprise (DBE) Program

DBE Subcontractor Performance Form

This form is intended to capture the DBE1 subcontractor's2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package.

Subcontractor Name Project Name

Address

Prime Contractor Name Issuing/Funding Entity:

Contract Item Number Description of Work Submitted to the Prime Contractor

Involving Construction, Services , Equipment or Supplies

Price of Work

Submitted to the

Prime Contractor

DBE Certified By: D0T SBA

0ther:

Meets/ exceeds EPA certification standards?

YES N0 Unknown

A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202.

Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100-3 (DBE Subcontractor Performance Form)

GEFA-13

Approval Expires:8/31/2015

Disadvantaged BusinessEnterprise (DBE) Program

DBE Subcontractor Utilization Form

This form is intended to capture the prime contractor's actual and/or anticipated use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract.

An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package.

Prime contractors should also maintain a copy of this form on file.

Prime Contractor Name Project Name

Address

Issuing/Funding Entity:

I have identified potential DBE certified subcontractors

YES N0

If yes, please complete the table below. If no, please explain:

Subcontractor Name/

Company Name

Company Address/ Phone/ Email Est. Dollar

Amt

Currently

DBE

Certified?

Continue on back if needed

A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202.

EPA FORM 6100-4 (DBE Subcontractor Utilization Form)

GEFA-14

CHANGES TO APPROVED SUBCONTRACTORS FORM

Loan Recipient SRF Loan Number

CERTIFICATIONS:

I certify that the information submitted on and with this form is true and accurate and that this firm has met and will continue to meet the conditions of this construction contract regarding DBE solicitation and utilization. I further certify that criteria used in selecting subcontractors and suppliers were applied equally to all potential participants.

(Prime Contractor signature)

I certify that I have reviewed the information submitted on and with this form and that it meets the requirements of the Owner's State Revolving Fund loan contract.

(Signature of Owner or Owner's representative)

GENERAL INFORMATION:

1) If an approved subcontractor is terminated or replaced, please identify this company and briefly state reason.

Subcontractor Name:: Trade

Reason Terminated or Replaced

2) For new or additional subcontractors, list name, trade, address, telephone number, contact person, dollar amount of subcontract, and DBE status.

New Subcontractor Name and Contact Person Trade

Address Telephone Number

Dollar Amount DBE Status

1) Attach proof of certification byEPA, SBA, DOT (or by state, local, Tribal, or private entities whose certification criteria match EPA's) for each subcontractor listed as a DBE, MBE, or WBE.

2) Attach documentation of Six Good Faith Efforts solicitation effort for all new subcontracts.

3) Provide justification for not selecting any certified DBE subcontractor that submitted a low bid for any subcontract area.

4) For each subcontractor, attach certifications regarding Equal Employment Opportunity (GEFA-9) and certifications regarding Debarment, Suspension, and Other responsible Matters (GEFA-10)

GEFA-15

DBE ANNUAL REPORT

FORM (5700-52A)

This form must be completed by recipients of federal financial assistance for procurement of supplies, equipment, construction or services. SRF loan recipients are required to submit this report to

GEFA by the 20th of October for the previous period of October 1 through September 30. Please submit a "negative" report even if $0 is the amount paid to MBE/WBE subcontractors during the reporting period.

ANNUAL REPORT FORM (5700-52A)

1. PRIME CONTRACTOR 2. REPORTING PERIOD (Complete date using current year.)

Period Ending (September 30, )

3. SUBMIT TO:

Georgia Environmental Finance Authority

Attention: DBE Compliance Coordinator 233 Peachtree Street, N.E.

Harris Tower, Suite 900

Atlanta, Georgia 30303 dbe_compliance@gefa.ga.gov

4. LOAN RECIPIENT (Name, Address and Telephone)

5. LOAN RECIPIENT (OWNER)

REPORTING CONTACT

PHONE: 6. TYPE OF FEDERAL FINANCIAL

ASSISTANCE PROGRAM (Check one)

CWSRF DWSRF

7. SRF LOAN NUMBER

8. CONTRACTOR NAME & TOTAL CONSTRUCTION

CONTRACT AMOUNT

9. ACTUAL DOLLAR AMOUNT PAIDTO MBE/WBE

SUBCONTRACTORS THIS PERIOD

$ MBE $ WBE NEGATIVE REPORT ($0)

10. RECIPIENT'S MBE/WBE GOALS

MBE 4.0 % WBE 4.0 %

11. TOTAL DOLLARS SPENT THIS PERIOD

MBE $

WBE $

NON MBE/WBE $

TOTAL $

12. NAME & TITLE OF AUTHORIZED

REPRESENTATIVE OF LOAN RECIPIENT

(OWNER).

13. SIGNATURE OF AUTHORIZED

REPRESENTATIVE OF LOAN RECIPIENT.

14. DATE

MBE/WBE PAYMENTS MADE DURING PERIOD

NAME & ADDRESS of DBE (SUB)CONTRACTOR (indicate if MBE or WBE firm) TOTAL DOLLAR AMOUNT PAID & DATE PAID

$ DATE

GEFA-16

SPECIAL PROVISIONS

(a) The Prime Contractor is required to pay its subcontractors in accordance with the Georgia Prompt Payment Act

(OCGA 13-11).

(b) The Prime Contractor is required to insert the entirety of the Davis Bacon contract requirements into all subcontracts

(c) Sewer line and water line crossing of all roads and streets shall be done in accordance with the Georgia Department of Transportation (D.O.T.) Policies and Procedures and must comply with the Ga. D.O.T. Standard Specifications, Construction of Roads and Bridges, 1993 Edition.

(c) Construction shall be carried out so as to prevent bypassing of wastewater flow and to prevent interruption of drinking water treatment during construction. EPD must receive written notification prior to any reduction in the level of treatment and must approve all temporary modifications to the treatment process prior to the activity.

(d) Erosion and Sedimentation Control shall be accomplished in accordance with the Georgia Erosion and Sedimentation

Control Act of 1975 as currently amended and NPDES General Permits (Storm Water from Construction Sites). See also www.gaepd.org and www.gaswcc.georgia.gov for information regarding permits.

(e) Use of Chemicals: All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with State and local regulations as appropriate.

(f) It is the duty of the Prime Contractor, the Owner and the Engineer to ensure the construction of the project, including the letting of contracts in connection therewith, shall comply with all applicable laws and regulations and requirements of the United States of America or any agency thereof, the state of Georgia or any agency thereof, territorial, or any local government laws or political subdivision and ordnances to the extent that such requirements do not conflict with

Federal laws and this subchapter.

(g) EPD, EPA, and GEFA shall have access to the site and the project work at all times.

BONDS

Bonding requirements for Contracts of $100,000 or less are contained in the General Conditions. Bond requirements of contracts in excess of $100,000 are:

1. Bid guarantee equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment such as a certified check or bid bond submitted with the bid.

2. Performance bond equal to 100 percent of the contract price and;

3. Payment bond equal to 100 percent of the contract price. Bonds must be obtained from companies holding

Certificates of Authority as acceptable sureties, issued by the U.S. Treasury.

SPECIAL NOTICE TO BIDDERS

By the submission of this bid, each bidder acknowledges that he understands and agrees to be bound by the equal opportunity requirements of EPA regulations (40 CFR Part 8, particularly Section 8.4 (b)), which shall be applicable throughout the performance of work under any contract awarded pursuant to this solicitation. Each bidder agrees that if awarded a contract, it will similarly bind contractually each subcontractor. In implementation of the foregoing policies, each bidder further understands and agrees that if awarded a contract, it must engage in affirmative action directed at promoting and ensuring equal employment opportunity in the workforce used under the contract (and that it must require contractually the same effort of all subcontractors whose subcontracts exceed $10,000.00). The bidder understands and agrees that "affirmative action" as used herein shall constitute a good faith effort to achieve and maintain minority employment in each trade in the on-site workforce used on the project.

GEFA-17

EQUAL EMPLOYMENT OPPORTUNITY NOTICE

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL OPPORTUNITY

(EXECUTIVE ORDER 11246)

1. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause which is included in the nondiscrimination Provision and Labor Standards, EPA Form 5720-4 and the Standard Federal Equal Employment Opportunity (EEO) Construction Contract Specifications set forth herein.

2. The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade 4.0 percent

Goals for female participation for each trade 4.0 percent

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.

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 established for the geographical area where the contract resulting from this solicitation is to be performed. 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 minority 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 to the contract, the Executive Order and the regulations in 41 CFR Part 60-4.

Compliance with the goals will be…