RFQ 2026 TMWRF Dewatering CM RFQ with Attachment A.pdf

Cover Sheet for Invitation for:

Request for Qualifications #USD-2026-06 Professional Engineering Services for the

Truckee Meadows Water Reclamation Facility (TMWRF) Dewatering Building Project

Construction Management

If you are submitting a Response to a Request for Qualifications, please utilize our online portal.

https://www.planetbids.com/portal/portal.cfm?CompanyID=40669

Request for Qualifications for:

TMWRF Dewatering Building Project Construction

Management

CITY OF RENO

P.O. Box 1900 Reno, NV 89505

(775) 399-0149

Date: September 24, 2026 RFQ No. USD-2026-06

INVITATION AND ADVERTISED REQUEST FOR QUALIFICATIONS

Submissions will be received until 2:00 pm on 10/26/2026 via our online portal.

The City of Reno is currently accepting electronic submissions for a qualified professional engineering consultant. This Request is exempt from standard NRS 332 guidelines per Chapter 332.115(1)(b). The selection of a qualified professional engineering consultant is within the discretion of the governing body.

Questions regarding the Request for Qualifications shall be submitted via the online portal under the Questions Tab.

Per the attached Terms, Conditions, and Requirements.

Firm Name _______________________

Address __________________________

City _____________________________

State ____________ Zip Code ________

Telephone ________________________

Fax _____________________________

E-mail ___________________________

In compliance with this Invitation for Request for Qualifications and subject to all Terms and Conditions thereof, the undersigned offers and agrees, if selected, to furnish any or all of the items or services listed herein at the fees and terms stated. I also acknowledge receipt of 14 pages of this Invitation to Request for Qualifications.

Signature _______________________________

Print Name ______________________________

Print Title _______________________________ https://www.planetbids.com/portal/portal.cfm?CompanyID=40669

TABLE OF CONTENTS

Page

A. REQUEST FOR QUALIFICATIONS PROCESS AND RULES

1. Request for Qualifications Schedule:

2. Questions/Clarifications:

3. Request For Qualifications Receipt Time:

4. Preparation of Request for Qualifications:

5. Submission of Response to Request for Qualifications:

6. Late Request for Qualifications:

7. Withdrawal of Request for Qualifications:

8. Tax Exemption:

9. Request for Qualifications Evaluation:

10. Billing:

11. Assignment:

12. Submitter’s Status

B. GENERAL TERMS AND CONDITIONS

1. Notice of Rights

2. Preparation of Request for Qualifications

3. Selection of Consultant

4. Funding-Out Clause

5. Insurance Requirements

6. General Requirements

7. Minimum Qualifications

8. Federal Requirement ............................................. Error! Bookmark not defined.

C. DISCLOSURE OF PRINCIPALS

D. CERTIFICATION

SCOPE OF WORK

A. REQUEST FOR QUALIFICATIONS PROCESS AND RULES

1. Request for Qualifications Schedule:

Schedule of Events Date

RFQ Released 9/24/2026

Last Day to Submit Questions 10/15/2026

All Addendums to be Posted to PlanetBids by 10/20/2026

Responses to RFQ Due to City of Reno 10/26/2026 at 2:00pm local time

City Panel Review of Submittals and Notify Selected Candidates for Interview Anticipated 10/29/2026

Interviews Anticipated 11/12/2026

Notification of Selection of Consultant Anticipated 11/19/2026

The City of Reno reserves the right to modify this schedule at The City’s discretion. Notification of changes in the Request For Qualifications, due date, and deadline for questions will be posted on The City website at www.reno.gov or as otherwise stated herein. Changes in any other anticipated dates will not be released unless deemed necessary at the sole discretion of the City.

Description of Scheduled Events:

• Request For Qualifications Released – The City will release the Request

For Qualifications document via the best method available. The best method of distribution of the Request For Qualifications will be in descending order as follows: E-mail, Facsimile, placement on City website, USPS Mail, and our online portal.

• Deadline For Questions – The deadline for any questions concerning the Request For Qualifications is 10/15/2026, at 2:00 pm local time (PST).

Any questions submitted after the deadline will not be responded to.

• All Addendums to be Posted by – All addendums to the Request For Qualifications shall be posted to the online portal no later than 5:00 p.m.

local time on 10/20/2026. All proposals submitted for this Request For Qualifications must have all addendums attached and acknowledged. Any proposal that does not include the addendums is subject to rejection.

• Proposal Due to City – The due date for the sealed Request For Qualifications response is 10/26/2026, at 2:00 p.m. local time. All proposals received after the date and time set for receipt will be

REJECTED.

Request For Qualifications documents are available on PlanetBids (Invitation #USD-2026-06) for downloading from the City of Reno’s website http://reno.gov/business/bids-rfps.

2. Questions/Clarifications:

Questions regarding the Invitation to Request For Qualifications shall be via the online portal under the Questions Tab. Questions should be submitted in accordance with the schedule of events in the Scope of Work. If any questions or responses necessitates revision to this solicitation as originally published, such revisions will be by formal addendum only. If the solicitation includes a contact person for technical information, any oral or written representations made by this or any person shall not be relied upon unless subsequently ratified by a written amendment to this solicitation issued by the City. To determine whether any representations made require an addendum be issued, please contact Haley Chew, Associate Civil Engineer - 775-531- 7222.

3. Request For Qualifications Receipt Time:

It is mandatory that all responses to the Request For Qualifications are signed by a duly authorized representative of the firm, and received via our online portal no later than 2:00 P.M. Local Time on Monday, October 26, 2026.

4. Preparation of Request for Qualifications:

The submitter shall examine all specific instructions, and terms and conditions of the Invitation to Request for Qualifications. Failure to do so will be at Submitter’s risk.

Any addenda issued shall forthwith become an integral part of the Request for Qualifications. Submitters shall be required to acknowledge receipt of the same by signing and returning the addenda with the original Request for Qualifications document.

In the space provided, a duly authorized representative of the firm shall sign the Request for Qualifications document.

Submitter shall proofread his response to the Request for Qualifications http://reno.gov/business/bids-rfps https://www.planetbids.com/portal/portal.cfm?CompanyID=40669 carefully for errors.

The response shall be no more than 30 pages (15 pages front and back) of content (i.e. exclusive of cover, table of contents, divider pages, etc.) 8 ½ inches by 11 inches with a minimum 11-point font excepting that a maximum of 4 of 30 pages (or 2 of 15 pages front and back) can be 11 inches by 17 inches tri-fold format. An appendix can be used for resumes which won’t count towards the 30 (or 15 front and back) page limit.

5. Submission of Response to Request for Qualifications:

Submitter shall sign and return the ENTIRE Request For Qualifications form.

RFQ submissions must be received via our online portal no later than 2:00 p.m. local time on Monday, October 26, 2026.

The City will only accept submission via our online portal. Email, facsimile, or verbal proposals will NOT be accepted.

6. Late Request for Qualifications:

Any response to the Request for Qualifications received after the specified deadline shall be rejected.

7. Withdrawal of Request for Qualifications:

A Response may be withdrawn at any time.

8. Tax Exemption:

The City is exempt from Nevada State Sales Tax by act of the Nevada State Legislature, NRS 372.325, which exempts all local governments within the State of Nevada. The City is also exempt from Federal Excise Tax.

9. Request for Qualifications Evaluation:

Reponses to the Request for Qualifications shall be evaluated with consideration to the responses to questions posed within the RFQ document related to process, references and based on conformance to requirements, terms and conditions of the RFQ as stated herein.

10. Billing:

All original billings should be addressed to:

City of Reno

Attention: Accounts Payable P.O. Box 1900 Reno, NV 89505

11. Assignment:

No Assignment of any agreement resulting from this award of this Request for Qualifications shall be allowed.

12. Submitter’s Status

Minority Status: Has this firm been certified as a minority, women owned or disadvantaged business enterprise by any governmental agency?

_____Yes _____No If yes, please specify government agency:

Date of certification:

The above is for information only. The City encourages minority business participation; however, no preferences shall be given.

Notice to disabled persons: The City will make reasonable accommodations for disabled persons who wish to submit Request for Qualifications or attend a Request for Qualifications opening by contacting Haley Chew prior to the Request for Qualifications opening date.

Debarment and/or Suspension: As required by Executive Order 125.49, Debarment & Suspension, and implemented at 34CFR Part 85, the Submitter certifies that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from transactions with any Federal Department or Agency.

City of Reno Business License Number and Expiration Date :

Reno Municipal Code, Section 4.04.020 requires that any business operating within the City of Reno be required to possess a valid City of Reno business license. Be advised that upon award of a contract/agreement to perform services for the City of Reno, a current business license must be in your possession before commencing business.

NONDISCRIMINATION: In connection with the performance of work under this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, religion, color, veteran status, sex, sexual orientation (means having or being perceived as having an orientation for heterosexuality, homosexuality, or bi-sexuality), gender identity or gender expression (means a gender-related identity, appearance, expression, or behavior of a person regardless of the person's assigned sex at birth), physical condition, disability, national origin, or any other protected class status applicable under federal, state or local law, rule or regulation. Race includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

13. State Revolving Fund, NDEP and EPA Requirements

See Attachment A.

B. GENERAL TERMS AND CONDITIONS

1. Notice of Rights

a. The City reserves the right to not select a response to the Request for Qualifications.

b. The City reserves the right to require such surety as may be deemed necessary for the protection of the City, or to ensure the satisfactory performance in accordance with the specifications and Request for Qualifications documents.

c. The City reserves the right to withhold award for a period of ninety (90) days from the date of Request for Qualifications opening.

2. Preparation of Request for Qualifications

a. All responses to the Request for Qualifications must be submitted in accordance with any document attached hereto and made an integral part hereof.

b. For assistance with this Request for Qualifications, contact Haley Chew, Associate Civil Engineer at 775-531-7222.

3. Selection of Consultant

a. Selection Panel Review - It is anticipated that the selection panel will consist of engineering and technical staff chosen from the following agencies: City of Sparks Truckee Meadows Water Reclamation Facility and the City of Reno Utility Services Department.

b. The City will select based on qualifications. Each complete submittal will be reviewed and scored by the panel as a whole. The weight assigned to each criterion is shown below.

i. Technical Competence & Specialized Dewatering Experience (30 Points)

(a) Wastewater Infrastructure Track Record: Experience managing construction for municipal wastewater treatment plants (WWTP), specifically sludge handling or solids processing facilities.

(b) Complex Equipment Familiarity: Demonstrated capability oversight for complex process equipment installation, including dewatering equipment (centrifuges, belt filter presses, screw presses), polymer feed systems, cake conveyors, and high-pressure pumping networks.

(c) Electrical and HVAC/Odor Control: Experience managing explosive or highly corrosive environments (Class 1, Division 1 classifications), including hazardous gas detection and heavy industrial HVAC/odor control integration.

ii. Qualifications & Licenses of Key Personnel (25 Points)

(a) Nevada Professional Engineer (PE): The designated Project

Manager or Lead Engineer must hold an active Nevada PE license, satisfying Nevada NRS requirements.

(b) On-Site Team Credentials: Qualifications of the specific

Resident Project Representative (RPR) and specialized inspectors (e.g., structural, electrical/SCADA) assigned to the daily construction site.

(c) Longevity and Roles: Assessment of the proposed team's history of working together on similar wastewater solids projects

iii. 3. Construction Management Plan & Project Approach (20

(a) Facility Continuity Plan: A clear strategy for keeping the existing WWTP fully operational during tie-ins, outages, and construction transitions without violating effluent permits.

(b) Quality Assurance/Quality Control (QA/QC): Specific methodologies for checking concrete structural integrity (for heavy vibration dewatering floors), equipment balancing, and structural load tolerances.

(c) Schedule and Cost Management: Specific tools and methods

(such as Critical Path Method scheduling) to manage material lead times (e.g., long-lead process equipment) and minimize change orders.

(d) Commissioning: Approach to planning, coordinating, and managing commissioning of the solids dewatering facility, including development and implementation of the commissioning plan, coordination among City, Engineer, Contractor, equipment manufacturers, integrators, operational staff.

iv. Past Performance on Federal & Public Agency Projects (15

(a) EPA Funding Compliance: Demonstrated history of managing projects funded by EPA State Revolving Funds (SRF) or WIFIA loans, including tracking AIS (American Iron and Steel) requirements and certified payrolls (Davis-Bacon Act).

(b) Reference Verification: Evaluation of references from similar municipal owners regarding the firm's ability to deliver the project on schedule and within the owner's original construction budget.

v. Capacity to Respond and Local Knowledge (10 Points)

(a) Resource Availability: Documented proof that the firm has the active manpower to immediately dedicate to a $60 million multi-year construction schedule without overextending personnel.

(b) Nevada Environmental Regulations: Familiarity with Nevada

Division of Environmental Protection (NDEP) regulations and local municipal building codes.

c. After being scored by the selection panel, the highest ranked firms (up to 3 firms) from this list will be invited for a presentation and interview. The City will post a notification of the Short-Listed applicants. Each Short-List applicant is to prepare a presentation (fifteen [15] minutes in length) that describes the Short-List Applicant’s ideas, unique experience and resources, and innovation applicable to meeting or exceeding the project goals. The second portion of the interview will consist of questioning by the reviewing panel. It is anticipated the interviews will occur on November 12, 2026.

d. The City will notify all unsuccessful Submitters of the results.

e. For purposes of meeting the City’s performance standards, Submitters shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures to perform the services subject to the City’s final approval.

4. Funding-Out Clause

a. In the event the City fails to obligate requisite funds for the ensuing fiscal year(s) for payment of amounts due against an agreement resulting from this Qualifications, necessitating cancellation of the Agreement, the successful Submitter(s) shall agree to hold the City free from any charge or penalty.

5. Insurance Requirements

a. Successful Submitter shall procure and maintain Comprehensive or

Commercial General Liability Insurance (occurrence form) from a carrier licensed to do business in the State of Nevada with a Best rating of A.VII or above. Minimum acceptable policy limits shall be in an amount of not less than two million dollars ($2,000,000.00), combined, single limit, occurrence based policy, in a form satisfactory to the City and four million dollars ($4,000,000.00) annual aggregate. A certificate of insurance evidencing said coverage shall be supplied by successful Submitter upon request, naming the City as an Additional Insured under the liability policy.

The liability policy shall contain a provision that such policy shall not be cancelled until thirty (30) days prior written notice of cancellation has been received by the City.

b. Successful Submitter shall have worker's compensation coverage as required by the State of Nevada.

c. Successful Submitter shall have Errors and Omissions Liability insurance in the amount of at least two million dollars ($2,000,000.00) per claim and at least four million dollars ($4,000,000.00) as an annual aggregate during the term of this Agreement and for six years after the completion of the project, with each subsequent renewal having a retroactive date that predates the date of this Agreement.

d. Successful Submitter shall maintain automobile insurance with limits of no less than $1,000,000 or combined single limit per accident for bodily injury and property damage. No aggregate limit may apply.

6. General Requirements.

a. Submitters are required to read and understand all information contained within this entire Qualifications package. By responding to this Request For Qualifications, the Submitter agrees to read and understand these documents. All Submitter communications concerning this acquisition shall be submitted via the online portal under the Questions Tab.

b. To avoid any uncertainty within the Request For Qualifications process, all communication with the City must be in writing (e-mail, fax or written correspondence).

c. Unless authorized in writing by the Project Lead, no other City of

Reno/Sparks official or City of Reno/Sparks employee is empowered to speak for the City with respect to this acquisition. Any Submitter seeking to obtain information, clarification, or interpretations from any other City of Reno/Sparks official or City of Reno/Sparks employee other than Haley Chew is advised that such action is done at the Submitter’s own risk. The City will not be bound by any such information, clarification, or interpretation. Further, any attempt by a Submitter to obtain information regarding this RFQ from anyone other than the Project Lead or Management Analyst may be grounds for rejection of the Submitter’s submission.

d. Submitters shall respond to all inquiries by the City for insurance documents and/or corrections to those documents to meet the needs of the City, in a prompt manner. Submitters shall be allowed five (5) business days to provide documents and/or corrections following such request by the City or the City will retain the right to reject the submission and proceed to the next finalist.

7. Minimum Qualifications

a. Submitters interested in this Request For Qualifications must meet the following minimum qualifications listed in the previous pages of the Request for Qualifications.

b. The proposing firm must be a licensed professional engineering firm and in good standing and be licensed in the State of Nevada or become licensed prior to award.

THIS SECTION LEFT INTENTIONALLY BLANK

C. DISCLOSURE OF PRINCIPALS

Please print or type:

Company Name Street Address City, State and Zip Code

Telephone Number with area code Facsimile Number with area code Federal Tax Identification Number

NAMES OF OFFICERS OR OWNERS OF CONCERN, PARTNERSHIP, ETC.

Name

Street Address

Official Capacity

City, State and Zip Code

D. Certification

I/We hereby certify that the Instructions and Term Conditions have been read and agreed to:

(Print)

(Address)

(Phone)

(Fax)

Representative:_________________________________________________________ (Print)

(Signature)

Vendor acknowledges _____ pages of this bid. Date: ___________________________

THIS SECTION LEFT INTENTIONALLY BLANK

Scope of Work

The City of Reno is seeking a qualified professional engineering consultant to assist the City in construction management engineering services for the New Dewatering Building Project for the Truckee Meadows Water Reclamation Facility (TMWRF) (Washoe County Nevada-APN: 021-020-02) of the Reno/Sparks area in Washoe County, Nevada.

The consultant is to be comprised of professional engineer(s) registered in Nevada, who possesses comprehensive experience in construction management of wastewater treatment infrastructure including complex dewatering equipment familiarity.

Once selected, the City will work with the consultant as to the details for the development of the scope by the consultant for construction management and engineering services during construction. The scope will include any additional effort related to federal funding requirements, working with the construction manager at risk, and all details of construction from start to final acceptance and closeout.

The consultant is expected to be qualified to conduct and lead all of the processes for construction management, engineering services during construction, construction administration, commissioning, and other federal funding requirements to bring the project to 100% construction completion and closeout.

Also Provide:

• Overview of firm(s);

• Experience of the firm or firms for municipal wastewater treatment dewatering facility construction, CMAR coordination, and federal funding requirements and compliance ;

• Qualifications of your firm and team to complete the project;

• Project team: resumes of the proposed project manager and key project team; a project staff organization chart, references for similar work; and

• Key staff availability.

SRF Requirement Sections

• Project Funding Requirements

• Certification Regarding Lobbying

• DBE Guidance to Borrowers & Contractors

(Includes Required Forms)

• Wage Rate Requirements

• Federal Debarment

• Build America, Buy America (BABA)

• American Iron & Steel (AIS)

• Public Awareness/Project Sign

• State Historic Preservation

Attachment A

Project Funding Requirements

Rev – June 2024

Clean Water State Revolving Fund Program Requirements for Equivalent Projects

Crosscutting federal authorities are the requirements of other federal laws and Executive Orders that apply in the case of federally funded projects. The crosscutters include (but are not limited to): program specific requirements, environmental authorities, social policy authorities, and economic and miscellaneous authorities. In the Clean Water State Revolving Fund program, compliance with federal crosscutting authorities is required by all recipients of these federal funds. A list of the possible applicable crosscutters follows.

Program Specific Requirements o American Iron and Steel, 33 U.S.C. 1388 o Architecture and Engineering Procurement (Brooks Act), 33 U.S.C. 1382(b)(14) o Cost and Effectiveness, 33 U.S.C. 1382(b)(13) o Davis-Bacon Wages, 33 U.S.C. 1382(b)(6) o Environmental Review, (i.e., the State Environmental Review Process) 40 CFR 35.3140; 40

CFR 35.3580

o Fiscal Sustainability Plans, 33 U.S.C. 1383(d)(1)(E) o Generally Accepted Accounting Principles, 33 U.S.C. 1382(b)(9) o Signage o Enhancing Public Awareness of SRF Assistance Agreements (2015) o BIL Signage (2022) o Single Audit, 2 CFR part 200, Subpart F

Environmental Authorities o Archaeological and Historic Preservation Act, 16 U.S.C. 469 et seq.

o Clean Air Act Conformity, 42 U.S.C. 7401 et seq.

o Coastal Barriers Resources Act, 16 U.S.C. 3501 et seq.

o Coastal Zone Management Act, 16 U.S.C. 1451 et seq.

o Endangered Species Act, 16 U.S.C. 1531 et seq.

o Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.

o Floodplain Management Executive Order No. 11988 (1997), as amended by Executive Order

No. 13690 (2015) o Magnuson-Stevens Fishery Conservation Management Act, 16 U.S.C. 1801 et seq.

o National Historic Preservation Act, 54 U.S.C. 300101 et seq.

o Sole Source Aquifer, Section 1424(e) of Safe Drinking Water Act, 42 U.S.C. 300h-3e o Wetlands Protection - Executive Order No. 11990 (1997), as amended by Executive Order No.

12608 (1997) o Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.

Social Policy Authorities o Civil Rights Laws o The Age Discrimination Act of 1975, 42 U.S.C. 6102 et seq.

o Section 13 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.

1251 et seq.

o Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 o Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.

o Equal Employment Opportunity Executive Order No. 11246 (1965) o Federal Actions to Address Environmental Justice in Minority Populations and Low-Income

Populations, Executive Order No. 12898

Clean Water State Revolving Fund Program Requirements for Equivalent Projects

Rev – June 2024 o Participation by Disadvantaged Business Enterprises in United States Environmental

Protection Agency Programs, 40 CFR Part 33

Economic and Miscellaneous Authorities o Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants, or loans, Executive Order No. 11738 (1973) o Section 306 of the Clean Air Act, 42 U.S.C. 7606 et seq.

o Section 508 of the Clean Water Act, 33 U.S.C. 1368 et seq.

o Buy America, Build America Act, Pub. L. 117-58, Sections 70901-70927 o Federal Funding Accountability and Transparency Act, Public Law 109-282 o Intergovernmental Review o Demonstration Cities and Metropolitan Development Act, 42 U.S.C. 3331 et seq.

o Intergovernmental Cooperation Act of 1968, 42 U.S.C. 4201 et seq.

o Executive Order 12372, as amended (1983), 40 CFR Part 29 o Prohibition on Certain Telecom and Video Surveillance Services/Equipment, 2 CFR 200.216 o Suspension and Debarment, Executive Order 12549 (1986), 2 CFR Part 180, 2 CFR Part 1532 o Uniform Relocation and Real Property Acquisition Policies Act, 42 U.S.C 4601 et seq., 40 CFR

Part 4, 49 CFR Part 24

Certification Regarding Lobbying

Exhibit C

EPA Form 6600-06 (Rev. 06/2008) Previous editions are obsolete.

EPA Project Control Number

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS,

LOANS AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Typed Name & Title of Authorized Representative

Signature and Date of Authorized Representative

DBE Guidance to Borrowers & Contractors (Includes Required Forms)

Revised April 2026 1

State Revolving Fund Office of Financial Assistance

Disadvantaged Business Enterprise Program

Guidance to Borrowers and Contractors1

1 Frequently Asked Questions for Disadvantaged Business Enterprises | US EPA https://www.epa.gov/grants/frequently-asked-questions-disadvantaged-business-enterprises#:%7E:text=The%20objectives%20of%20EPA's%20DBE,decision%20in%20Adarand%20Constructors%2C%20Inc

Revised April 2026 2

Contents Section 1: Overview

Section 2: Definition of Disadvantaged Business Enterprise (DBE)

Section 3: Disadvantage Business Enterprise (DBE) requirements and contract conditions

Disadvantaged Business Enterprise (DBE) and contract conditions

DBE related laws, rules, and regulations

Equal employment

DBE participation goals

Good faith effort for DBE participation

DBE contract terms and conditions

Sources to identify and certify DBEs

Appendix A: DBE Reporting Form 5700-52A

Appendix B: Form 6100-4 — DBE Subcontractor Utilization

Appendix C: Form 6100-3 — DBE Subcontractor Performance

Revised April 2026 3

Section 1: Overview As stipulated by the Environmental Protection Agency (EPA), Nevada State Revolving Fund (SRF) borrowers and their contractors are required to make good faith efforts to utilize businesses classified as Disadvantaged Business Enterprises (DBEs) for goods and services associated with SRF financed projects. A borrower and their contractors should utilize DBEs through prime contracting, subcontracting, joint-ventures, other business relationships, and through the procurement of supplies, materials, and equipment.

Section 2: Definition of Disadvantaged Business Enterprise (DBE) A DBE is a business owned or controlled by socially and economically disadvantaged individuals including Minority and Women Business Enterprises.

Minority Business Enterprise (MBE) — A business which is at least 51% owned or controlled by one or more U.S. citizens who are Black, Hispanic, Portuguese, Asian American, American Indian, or groups found to be economically and socially disadvantaged by the U.S. Small Business Administration pursuant to Section 8(a) of the Federal Small Business Act.

Women Business Enterprise (WBE) — A business which is at least 51% owned or controlled by one or more U.S. citizens who are women.

Section 3: Disadvantage Business Enterprise (DBE) requirements and contract conditions

The following pages include conditions which must be included in all bidding and contract documents for SRF-financed projects including:

• DBE related laws, rules, and regulations

• Equal employment

• DBE participation goals

• Good faith effort for DBE participation

• DBE contract terms and conditions

Revised April 2026 4

Disadvantaged Business Enterprise (DBE) and contract conditions The DBE solicitation and contract conditions must be physically included in all bidding and contract documents for SRF financed projects.

DBE related laws, rules, and regulations This project is being financed as a whole or in part by the Nevada State Revolving Fund (SRF). The borrower is required to comply with the following laws, rules and regulations and must ensure that their contractors also comply with these laws, rules, and regulations.

1. Ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap: Title VI of the Civil Rights Act of 1964 (P.L 88-352, Section 504 of the Rehabilitation Act, P.L. 93-112 (87 Stat. 355, 29 U.S.C. Sec. 794), Older Americans Act (P.L. 94-135, 89 Stat. 713, 89 Stat. 728 Sec. 303, 42 U.S.C. 6102).

2. Encourages recipients of federal funds to award construction, supply and professional service contracts to minority and women’s business enterprises (MBE/WBE) and small businesses and requires recipients to utilize affirmative steps in procurement: Executive Orders 11625, 12138 and 12432; Section 129 of P. L.

100-590 Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102-389 (42 U.S.C. 4370d); a 1993 appropriations act (“EPA’s 8% statute”); Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) (“EPA’s 10% statute”).

3. All contractors, subcontractors, and materials and service suppliers (including the engineers, etc.) who’s contract is expected to equal or exceed $25,000 must maintain an active registration in the U.S. Government System for Award Management (SAM: Home | SAM.gov). To register, all entries must have a Unique Entity ID (UEI). A UEI can be created at Entity Registration | SAM.gov. The Entity Registration Checklist is helpful in identifying and gathering the information needed to create your UEI. The UEI is:

a. Free of cost.

b. For engineers, contractors, subcontractors, and materials and service suppliers.

i. Check SAM.gov for a full list of entities required to create a UEI.

ii. Contractors are responsible for verifying that their subcontractors are registered and maintain registration records for all contracts for subcontractors.

c. Renewed annually. UEI numbers do not expire, but registration is valid for one year.

d. Required under Executive Order 12549 — debarment and suspension of those abusing federal funding, as well as any wasteful or fraudulent use.

UEI’s help with accountability and consistency of agency regulations.

https://sam.gov/ https://sam.gov/entity-registration

Revised April 2026 5

4. 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements.

5. Prohibits discrimination by federal contractors and subcontractors for reasons of race, color, religion, sex, and national origin: Equal Employment Executive Order 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations. Inclusion of the seven clauses (located below in the Equal Employment section) from Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000.

Equal employment Must be included in all contracts over $10,000. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order No. 11246 of Sept.

24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 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

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6. 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 cancelled, 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 No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The contractor must include the terms of paragraphs (1) through (7) in every subcontract or purchase order, unless the Secretary of Labor’s rules, regulations, or orders issued under Section 204 of Executive Order 11246 (September 24, 1965) provide an exemption. These terms must be binding on all subcontractors and vendors. The contractor must also take any action the Secretary of Labor directs to enforce these requirements, including applying sanctions for noncompliance.

However, if following such a directive causes the contractor to become involved in, or threatened with, litigation with a subcontractor or vendor, the contractor may request that the United States participate in the litigation to protect its interests.

DBE participation goals Borrowers and their prime contractors must follow and document good faith efforts to meet the DBE participation goals.

Table 1. DBE participation goals

Goods or services MBE participation goal WBE participation goal Construction 2% 2% Equipment 1% 1% Services 1% 2% Supplies 1% 1%

The DBE participation goals are not quotas — SRF will not penalize a borrower and their contractors if they cannot meet the goals. However, SRF will require a borrower and their contractors to make a good faith effort to meet these goals.

Good faith effort for DBE participation EPA defines “good faith effort” to include, at a minimum, the following actions by a borrower and their contractors and sub-contractors:

1. Include DBEs on solicitation lists.

2. Assure that DBEs are solicited once they are identified.

3. Divide total requirements into smaller tasks to permit maximum DBE participation, where feasible. Encourage the joint submission of bids by multiple DBE businesses.

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4. Establish delivery schedules which will encourage MBE/WBE participation, where feasible.

5. Encourage use of the services of the Small Business Administration (SBA) and the Minority Business Development Agency of the Department of Commerce (MBDA), or state/regional/local equivalent.

6. Require that each party to a subgrant, sub agreement, or contract award take the good faith efforts outlined.

DBE contract terms and conditions The following conditions must be included in all procurement contracts entered into by the borrower and their contractors and subcontractors for SRF-financed projects:

1. The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the loan recipient.

2. The prime contractor must document its efforts towards meeting the six good faith efforts for DBE participation even if the prime contractor has achieved its fair share objectives.

3. The prime contractor must notify the loan recipient in writing prior to the termination of any DBE subcontractor for convenience by the prime contractor.

4. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts for DBE participation if soliciting a replacement subcontractor.

5. All DBE procurements, whether from bid documents or subsequent draw request, are to be reported on Form 5700-52A to the SRF.

6. The prime contractor must submit Form 6100-4 — DBE Subcontractor Utilization to the borrower as part of bid proposals.

7. The prime contractor must ensure DBE subcontractors submit Form 6100-3 — DBE Subcontractor Performance. In turn, the prime contractor submits the forms to the borrower.

Table 2. Reporting information

Report Provided by Completed by Submitted to Appendix DBE Reporting Form 5700-52A

SRF Borrower SRF A

Form 6100-4 Borrower Prime Contractor

Borrower B

Form 6100-3 Prime Contractor

Sub-contractor Borrower C

8. Each procurement contract signed must include the following terms and conditions:

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“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 40 CFR 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 or other legally available remedies.”

Sources to identify and certify DBEs

Nevada Department of Transportation Disadvantaged Business Enterprise Program Vendor Management System: Nevada Department of Transportation

Nevada Commission on Economic Development — Procurement Outreach Program Nevada Commission on Economic Development - Procurement Outreach

Nevada Small Business Development Center (NSBDC) Nevada SBDC – Your First Call to Grow Your Business

Nevada Hispanic Business Group Nevada Hispanic Business Group

EPA: Resources for Small Businesses Resources for Small Businesses | US EPA

U.S. Small Business Administration Small Business Administration

Minority Business Development Agency Minority Business Development Agency https://ndot.gob2g.com/ https://www.expand2nevada.com/comm_div/procurement.php https://nevadasbdc.org/ https://nvhbg.org/ https://www.epa.gov/resources-small-businesses https://www.sba.gov/ https://www.mbda.gov/

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Appendix A: DBE Reporting Form 5700-52A

When requesting loan draws which involve procurements to MBE/WBE businesses, information must be reported on forms provided by SRF as shown on the next page.

Annual Final Report (Project completed)

OMB CONTROL NO. 2030-0020

APPROVAL EXPIRES 06/30/2024

U.S. ENVIRONMENTAL PROTECTION AGENCY MBE/WBE UTILIZATION

UNDER FEDERAL GRANTS AND COOPERATIVE AGREEMENTS

1A. REPORTING PERIOD

October 1, _ September 30, 1B. REPORT TYPE

2A. RECIPIENT UNIQUE ENTITY IDENTIFIER

2B. RECIPENT REPORTING CONTACT

Name:

Email:

Phone:

3. FEDERAL AWARD IDENTIFICATION NUMBER (FAIN)

(For SRF state recipients, please include all numbers for all open assistance agreements being reported on this form.

4A. If NO procurements were made this reporting period (by the recipient, sub-recipient(s), loan recipient(s), and prime contractor(s)), CHECK and SKIP to Block No. 6. (Procurements are all expenditures through contract, order, purchase, lease or barter of supplies, equipment, construction, or services needed to complete Federal assistance programs.)

Total Procurements & MBE/WBE Accomplishments This Reporting Period (in dollars)4B.

Construction Non-Construction Total

Total Procurement: $

MBE/WBE Combined Procurement: $ $

6. NAME OF RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE

7. SIGNATURE OF RECIPIENT’S AUTHORIZED REPRESENTATIVE DATE

EPA FORM 5700-52A available electronically at: https://www.epa.gov/grants/epa-form-5700-52a-united-states-environmental-protection-agency-minority-business

5A. Good Faith Efforts: If procurements were made, indicate whether your organization has followed the six Good Faith efforts found in 40 CFR Part 33, Subpart C, 40 CFR 33.501 and 2 CFR 200.321.

1C: Revision of a Prior Year Report? No Yes

If yes, what reporting period is being revised and briefly describe the changes made. Note: The revised report will replace the associated original report in its entirety.

Yes, my organization has implemented and documented each of the six Good Faith Efforts on the procurements made during this reporting period.

No, my organization has not implemented and documented each of the six Good Faith Efforts on the procurements made during this reporting period.

5B. If procurements were made, but no MBE/WBE procurements are being reported, then check the applicable box(es) for the reason(s) why no MBE/WBE procurements were made.

No MBE/WBE(s) applied No MBE/WBE(s) were qualified

Other:

This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2030-0020). Responses to this collection of information are required to obtain an assistance agreement (40 CFR Part 30, 40 CFR Part 31, and 40 CFR Part 33 for awards made prior to December 26, 2014, and 2 CFR 200, 2 CFR 1500, and 40 CFR Part 33 for awards made after December 26, 2014). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to be 1 hour per response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

expenditures fall below, a report is still required.

Further, if reporting is required, reports must still be submitted even if the recipient has no procurements and/or MBE/WBE procurements made during that reporting period.

Instructions:

A. General Instructions:

MBE/WBE utilization is based on 40 CFR Part 33 and 2 CFR Parts 200 and 1500. The reporting requirement reflects the change in the reporting threshold described in Recipient/ Applicant Information Notice-2018-G04 issued by EPA's Office of Grants and Debarment on September 7, 2018 (https://www.epa.gov/grants/rain-2018-g04). EPA Form 5700-52A must be completed annually by recipients of financial assistance agreements where the combined total of funds budgeted for procuring supplies, equipment, construction and services exceeds the current Simplified Acquisition Threshold as set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1. This reporting requirement applies to all new and existing awards and voids all previous reporting requirements.

In determining whether the threshold is exceeded for a particular assistance agreement, the analysis must focus on funds budgeted for procurement under the supplies, equipment, construction, services or “other” categories, and include funds budgeted for procurement under sub-awards or loans.

Reporting will also be required in cases where the details of the budgets of sub-awards/loans are not clear at the time of the grant awards and the combined total of the procurement and sub-awards and/or loans exceeds the Simplified Acquisition Threshold.

For example, if the Simplified Acquisition Threshold is $250,000, then if a recipient has $300,000 budgeted under procurement, then completion of this report is required.

When reporting is required, all procurement actions are reportable, not just the portion which exceeds the Simplified Acquisition Threshold.

If at the time of award the budgeted funds exceed the Simplified Acquisition Threshold but actual expenditures fall below, a report is still required.

If at the time of award, the combined total of funds budgeted for procurements in any category is less than or equal to the Simplified Acquisition Threshold and is maintained below the threshold, no DBE report is required to be submitted.

Recipients are required to report 30 days after the end of each federal fiscal year (i.e. October 30th), per the terms and conditions of the financial assistance agreement.

Final reports are due October 30th or 120 days after the end of the project period, whichever comes first.

MBE/WBE program requirements, including reporting, are material terms and conditions of the financial assistance agreement. Failure to comply may lead to termination of the financial assistance agreement which is then reported to the OMB-designated integrity and performance system accessible through SAM (currently FAPIIS) pursuant to 2 CFR 200.339(b).

C. Instructions:

1A. Specify Federal fiscal year this report covers.

The Federal fiscal year runs from October 1st through September 30th (e.g. November 29, 2020 falls within Federal fiscal year 2021)

1B. Specify report type. Check the annual reporting box if this is an annual report. If it is a final report, check the final report box to indicate if the project is completed.

1C. Indicate if this is a revision to a previous year and provide a brief description of the revision you are making including what reporting period is being revised. The revised report will replace the associated original report in its entirety.

2A. Provide your organization's Unique…