Exhibit L SRF_Supplemental_General_Conditions.pdf

GEFA-1

GEORGIA ENVIRONMENTAL FINANCE AUTHORITY

SUPPLEMENTAL GENERAL CONDITIONS

for

FEDERALLY ASSISTED

STATE REVOLVING FUND

CONSTRUCTION CONTRACTS

December 7, 2022

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 for work to be funded with the State Revolving Fund.

EXHIBIT "L"

GEFA-2

TABLE OF CONTENTS

Instructions and 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, and Other Responsible Matters 10

Changes to Approved Subcontractors Form 11

DBE Annual Report Form (5700-52A) 12

Special Provisions 13

Equal Employment Opportunity (EEO) Notice 14

EEO Construction Contract Specifications (Executive Order 11246) 15

Davis-Bacon and Related Acts 15

Wage Rate Determination (and links for forms, posters, etc.) 15

Certified Payroll Review Checklist 16

GEFA-3

INSTRUCTIONS AND 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 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 and 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, and 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)

B. During the performance of the contract:

4) 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 for the affected subcontract work to be eligible for SRF funding. (Page GEFA-11)

5) DBE Annual Report. The Owner must submit this information to GEFA no later than October 20 of any year that the construction contract is active. (Page GEFA-12)

6) 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 U.S.

Department of Labor form WH-347 or a similar form that contains all the information on the U.S. Department of Labor.

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

Georgia Environmental Finance Authority

47 Trinity Ave SW Fifth Floor

Atlanta, Georgia 30334 404-584-1000 (phone)

404-584-1069 (fax) waterresources@gefa.ga.gov mailto:waterresources@gefa.ga.gov

GEFA-4

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 and email

Consulting Engineer contact

Consulting Engineer phone number and email

Proposed Prime Contractor

Prime Contractor contact

Prime Contractor phone number and 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-5

Please submit the following with the DBE Compliance Form:

a. 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.

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

c. 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.

d. Documentation of solicitation efforts for prospective DBE firms, such as fax confirmation sheets, copies of solicitation letters and emails, 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).

i. The Prime Contractor shall use the necessary resources to identify and directly solicit no less than three certified MBE firms and three 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 three potential certified MBE firms and three 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.

ii. The Prime Contractor is encouraged to follow-up each written, fax, or email solicitation with at least one logged phone call.

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

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

f. Certification By Proposed Prime Contractor or Subcontractor Regarding Equal Employment Opportunity

(GEFA-9)

g. Certification By Proposed Prime or Subcontractor Regarding Debarment, Suspension, and Other

Responsible Matters. (GEFA-10)

END OF DBE COMPLIANCE FORM

GEFA-6

Trad

Amount

D B E C O M P L I A N C E C H E C K L I ST

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

Loan Recipient SRF Loan Number

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 and 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, and 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)

U n c o mmi t t e d T r a de s

D o c u m e n ta t i o n o f G o o d F a i th E f fo r t s

Newspaper ads Internet Websites Fax Confirmation

Copies of Solicitation Emails/letters

Copies of phone logs

PROOF OF CERTIFICATION FOR EACH SUBCONTRACTOR LISTED AS A

DBE, MBE, OR WBE

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 subcontractor was paid, and any other concerns 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)

I n c l u d e i n P a c ka g e S ub m i t t a l

PRIME CONTRACTOR ONLY TOTAL CONTRACT

AMOUNT

ALL SUBCONTRACTORS, INCLUDING DBE FIRMS TRADE AMOUNT

ALL SUBCONTRACTORS, INCLUDING DBE FIRMS TRADE AMOUNT

DBE SUBCONTRACTORS ONLY TRADE AMOUNT

DBE SUBCONTRACTORS ONLY TRADE AMOUNT

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

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 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 the Prime Contractor’s intended use of an identified DBE subcontractor 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)

GEFA-7

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 closing date.

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 U.S. Department of Transportation (DOT), U.S. Small Business Administration (SBA), and the Minority Business Development Agency of the U.S. 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 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 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 publications. The Prime Contractor is encouraged to follow up each written, fax, or email solicitation with at least one 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-8

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 https://www.dot.ga.gov/GDOT/Pages/DBE.aspx

City of Atlanta, Georgia Office of Contract Compliance 404-330-6010 https://www.atlantaga.gov/government/mayor-s-office/executive-offices/office-of-contract-compliance

DeKalb County, Georgia Office of Purchasing and Contracting 404-371-4730 http://dekalblsbe.info/wordpress1/wp-content/uploads/2016/05/DeKalbCountyCertifiedVendorsListMay10-2016-Final2.pdf

Fulton County, Georgia Purchasing and Contract Compliance 404-612-5800

Metropolitan Atlanta Rapid Transit Authority (MARTA) Disadvantaged Business Enterprise Program 404-848-4656

U.S. Environmental Protection Agency http://www.epa.gov/osbp/dbe_team.htm

For more information about DBE compliance, contact:

waterresources@gefa.ga.gov

NOTES:

(1) The Prime Contractor shall use the necessary resources to identify and directly solicit no less than three certified MBE firms and three 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 three potential certified MBE firms and three 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 closing date.

(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 GEFA Project Managers at 404-584-1000 or waterresources@gefa.ga.gov for further assistance or resources.

https://www.dot.ga.gov/GDOT/Pages/DBE.aspx https://www.atlantaga.gov/government/mayor-s-office/executive-offices/office-of-http://pro.prismcompliance.com/ http://dekalblsbe.info/wordpress1/wp-content/uploads/2016/05/De http://www.epa.gov/osbp/dbe_team.htm

GEFA-9

CERTIFICATION BY PROPOSED PRIME CONTRACTOR OR SUBCONTRACTOR REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

Proposed Subcontractor

This certification is required pursuant to Executive Order 11246, Part II, Section 203 (b), (30 F.R. 12319-25), (as amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13672 of July 21, 2104, 79 FR 42971). 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 AND 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

Proposed Subcontractor

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 2 CFR §1532.220).

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 AND 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

CHANGES TO APPROVED SUBCONTRACTORS FORM

Loan Recipient

CERTIFICATIONS:

SRF Loan Number

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 by EPA, 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-12

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 47 Trinity Ave SW Fifth Floor Atlanta, Georgia 30303 waterresources@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 AND 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 AND 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 AND ADDRESS of DBE (SUB)CONTRACTOR (indicate if MBE or WBE firm)

TOTAL DOLLAR AMOUNT PAID AND DATE PAID

$ DATE

GEFA-13

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.

(d) 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.

(e) 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 epd.georgia.gov and gaswcc.georgia.gov for information regarding permits.

(f) 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.

(g) 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.

(h) 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.

https://epd.georgia.gov/ http://www.gaswcc.georgia.gov/

GEFA-14

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 measured against the total work hours performed.

3. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract.

4. As used in this Notice, and in the contract resulting from this solicitation, the “covered area” is (insert description of the geographical area where the contract is to be performed giving the state, county, and city, if any).

GEFA-15

EEO Construction Contract Specifications

Executive Order 11246 https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended

Davis-Bacon and Related Acts https://www.dol.gov/agencies/whd/government-contracts/construction

INSERT WAGE RATE DETERMINATION HERE

Wage Rates (for Heavy Construction) are state/county specific can be found at:

http://www.dol.gov/whd/govcontracts/dbra.htm

Sample Payroll Form (WH-347) is found at:

http://www.dol.gov/whd/forms/wh347.pdf

Labor Standards Interview Form (SF-1445) is found at:

http://www.gsa.gov/portal/forms/download/115910

Davis-Bacon (WH-1321) poster is found at:

http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf (English) http://www.dol.gov/whd/regs/compliance/posters/davispan.pdf (Spanish)

Fair Labor Standards Act Minimum Wage poster is found at:

http://www.dol.gov/whd/regs/compliance/posters/minwagebwp.pdf (English) http://www.dol.gov/whd/regs/compliance/posters/minwagespbwP.pdf (Spanish)

“EEO Is the Law” poster is found at:

https://www.eeoc.gov/sites/default/files/2022-10/22- 088_EEOC_KnowYourRights_10_20.pdf

(English) https://www.eeoc.gov/sites/default/files/2022-10/22- 088_EEOC_KnowYourRightsSp_10_20.pdf

(Spanish)

OSHA poster is found at:

https://www.osha.gov/sites/default/files/publications/osha3165.pdf

(English) https://www.osha.gov/sites/default/files/publications/osha3167.pdf (Spanish) https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended https://www.dol.gov/agencies/whd/government-contracts/construction http://www.dol.gov/whd/govcontracts/dbra.htm http://www.dol.gov/whd/forms/wh347.pdf http://www.gsa.gov/portal/forms/download/115910 http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf http://www.dol.gov/whd/regs/compliance/posters/davispan.pdf http://www.dol.gov/whd/regs/compliance/posters/minwagebwp.pdf http://www.dol.gov/whd/regs/compliance/posters/minwagespbwP.pdf https://www.eeoc.gov/sites/default/files/2022-10/22-088_EEOC_KnowYourRights_10_20.pdf https://www.eeoc.gov/sites/default/files/2022-10/22-088_EEOC_KnowYourRights_10_20.pdf https://www.eeoc.gov/sites/default/files/2022-10/22-088_EEOC_KnowYourRightsSp_10_20.pdf https://www.eeoc.gov/sites/default/files/2022-10/22-088_EEOC_KnowYourRightsSp_10_20.pdf https://www.osha.gov/sites/default/files/publications/osha3165.pdf https://www.osha.gov/sites/default/files/publications/osha3167.pdf

GEFA-16

CERTIFIED PAYROLL REVIEW CHECKLIST

(This is a recommended Certified Payroll Review Checklist for the Owner’s use.)

CONTRACT ID

City of

CW/DWSRF#00 - 000

PRIME CONTRACTOR/SUBCONTRACTOR

X Construction

GENERAL WAGE DECISION AND DATE

(Insert number and date)

PAYROLL PERIOD ENDING

INSTRUCTIONS: This checklist is to be used in conjunction with projects requiring Davis-Bacon Wage Rates and compliance reviews.

All certified payrolls are to be date stamped upon receipt from the prime contractor.

Payroll Information Checklist:

Prime Contractor’s or subcontractor’s name and address Contract ID numbers (GEFA SRF No.)

Week ending.

Project location.

Employee ID or Last four digits of Social Security Number Social Security Number removed Employee’s work classification Identification of OJTs, apprentices, and program levels (%) on payrolls.

Verify that OJT and Apprentice Program documentation is in project files.

Daily and weekly employee hours worked in each job classification.

Daily and weekly employee overtime (or premium) hours worked

Total weekly hours worked on all jobs (prevailing and non-prevailing wage).

Base rate shown for each employee, overtime (or premium) rate shown when worked.

Verify correct wage rates are being paid.

Verify overtime is being paid correctly (over 40 hrs/wk, and Time and a half) Week’s gross wages Week’s itemized deductions.

Week’s net wages paid

Compliance statement attached.

Method of fringe benefit payment described by checking either box (4)(a) or (4)(b).

Fringe benefit package information in file and updated as needed (if 4(a) is checked) Exceptions explanation for fringe benefit (4)(c).

Signature.

Compliance Review Checklist (for field reviews):

Verify work classifications reported are consistent with the work performed.

Compare payrolls with wage rate interviews when conducted.

Compare number of employees and hours worked with proje ct documentation.

REVIEWED BY: DATE

GENERAL INFORMATION: