W-2114C1 Bid Package.pdf

TABLE OF CONTENTS

Solicitation for Bids

Proposal

Non-Collusion Affidavit

Business Relationships Affidavit

Boycott Affidavit

Division I - General Provisions

Division II - Special Provisions

Plans

Advertisement for Bids

Notice is hereby given that ________________________________________________________

(hereinafter called the "Owner") will receive sealed bids at ______________________________, ___________ County, Oklahoma, until the ______ day of _____________, 20___, for the

Funding for this project is provided through American Rescue Plan Act (ARPA) grant program.

As such, compliance with Labor Standards Contract Provisions is mandatory. Compliance with the Davis Bacon Act is mandatory if the total project cost exceeds $10,000,000 (ten million dollars).

All bids received at said time will be opened and evaluated for completeness and correctness. All work shall be performed, and all construction and materials used and furnished shall be in accordance with the Plans and Specifications prepared by _____________________________, and on file in the office of ___________________________________________.

The Bid Packet and Contract Documents for this project may be examined at the following locations:

1. ___________________________________________________________________

2. ___________________________________________________________________

3. ___________________________________________________________________

A complete set of Plans and Specifications may be obtained by the prospective bidders at these locations upon deposit of $____________. Upon return of a complete set, in good condition, within

____ days after the time of bid opening, $____________ will be refunded.

Each bidder shall accompany his original bid, filed with the ______________________, with a certified or Cashier's Check on a solvent bank located in Oklahoma, or a Bidder's Bond, in the amount of five (5) percent of the amount bid, as a guarantee of his ability to perform the contract bid upon, and that he will enter into a written contract with the Owner to perform said work and/or furnish said materials in accordance with said Plans and Specifications, and furnish the required bonds according to the Public Competitive Bidding Act of 1974.

The Owner will retain the deposit for liquidated damages in case the successful bidder fails to enter in said contract and furnish the required bonds provided for in the specifications within the time required. Deposit of the unsuccessful bidders will be returned upon the execution of the Contract

City of Enid

401 W Owen K Garriott, Enid

Garfield 5th June 24

Ames Raw Water Transmission Main Rehabilitation - Creek Crossing (Turkey and Spring)

City of Enid

City Clerk, Enid, OK

BidNet Direct

Office of the City Clerk

Enid Public Library

25 (hard copies)

0 0

City Clerk and required bonds.

Each bidder shall accompany his bid with a sworn statement in writing that the bidder has not directly or indirectly entered into an agreement, expressed or implied, with any other bidder concerning the price or amount of such bid or any bids, the limiting of the bids or bidders, the paying to anyone any money for promotion expenses, the parceling or farming out to any bidder or bidders or other persons of any part of the contract or any part of the subject matter of the bid or of the profits thereof.

Construction, Maintenance and Statutory Payment Bonds in the amount of 100% of the contract price are required for this project. These bonds must be obtained from a Corporate Surety licensed in Oklahoma and approved by the Owner and Consulting Engineer. The bidder shall state in the proposal the name and address of the Surety or Sureties who will sign this bond in case the contract is awarded. The Maintenance Bond required will guarantee the repair of all damage due to improper materials or workmanship for a period of one (1) year after the acceptance of the work by the Owner.

This project is to be financed by the ARPA grant program managed by the Oklahoma Water

Resources Board (OWRB) and shall be referred to as Project No. ARP-__-____-___. The following requirements and regulations must be complied with:

A. "Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or physical handicap. Bidders on this work will be required to comply with the President's Executive

Order No. 11246, as amended."

B. "Each bidder must fully comply with the requirements, terms and conditions of the

Environmental Protection Agency’s Disadvantaged Business Enterprise Requirements, which have been adopted for the OWRB ARPA program, and include employing the six

(6) good faith efforts and soliciting disadvantaged business enterprises during the performance of this contract. Requirements are contained in OWRB’s Guidance and

Procedures, ARP-267. The bidder commits itself to following the good faith efforts to solicit disadvantaged business enterprises contained herein and all other requirements, terms, and conditions of these bid conditions by submitting a properly signed bid."

C. If the total project cost exceeds $10,000,000 (ten million dollars) “Davis Bacon Act wage rules shall apply. All laborers and mechanics employed by contractors and sub-contractors on projects funded directly by or assisted in whole or in part by and through the Federal Government shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of Chapter 31 of Title 40, United States Code and 29 CFR

23 0173 G

Information for Bidders

Notice is hereby given that _______________________________________________ (hereinafter called the "Owner") will receive sealed bids at ______________________________, ___________ County, Oklahoma, until the ___ day of _____________, 20___, for the

This project is to be financed by the ARPA grant program managed by the Oklahoma Water

Resources Board (OWRB) and shall be referred to as Project No. ARP-__-____-___. The following requirements and regulations must be complied with:

A. "Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or physical handicap Bidders on this work will be required to comply with the President's Executive

Order No. 11246, as amended."

B. " Each bidder must fully comply with the requirements, terms, and conditions of the

Environmental Protection Agency’s Disadvantaged Business Enterprise Requirements, which have been adopted for the OWRB ARPA program, and include employing the six

(6) good faith efforts and soliciting disadvantaged business enterprises during the performance of this contract. Requirements are contained in OWRB’s Guidance and

Procedures, ARP-267. The bidder commits itself to following the good faith efforts to solicit disadvantaged business enterprises contained herein and all other requirements, terms, and conditions of these bid conditions by submitting a properly signed bid."

C. If the total project cost exceeds $10,000,000 (ten million dollars) “Davis Bacon Act wage rules shall apply. All laborers and mechanics employed by contractors and sub-contractors on projects funded directly by or assisted in whole or in part by and through the

Federal Government shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of Chapter 31 of Title 40, United States Code and 29 CFR parts 1,3, and 5. The Department of Labor provides all pertinent information related to compliance with labor standards, including prevailing wage rates and instructions for reporting. More information is available at https://www.dol.gov/agencies/whd/government-contracts/construction and http://www.sam.gov/”

City of Enid

401 W Owen K Garriott Rd, Enid, OK

Garfield 5th June 24

Ames Raw Water Transmission Main Rehabilitation - Creek Crossing (Turkey and Spring)

*Contractor is required to bid contract time in calendar days.

23 0173 G

. System for Award Management (SAM) registration is required for all Applicants and

Awardees (Entities, Prime Contractors, Subcontractors, Vendors) in order to receive funds from the ARPA program. SAM replaced the Central Contractor Registration/Federal

Agency Registration, Online Representations and Certifications Application, and Excluded

Parties List System. Applicants and awardees are required to complete a one-time free registration to provide basic information relevant to procurement and financial transactions.

On April 4, 2022, the unique entity identifier used across the federal government changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov). Registrants must retain an active status to be eligible for ARPA funding. Applicants and Awardees can go to SAM.gov to complete the registration process.

D

Each sealed envelope containing a bid must be plainly marked on the outside as “Bid for

____________________________”, and the envelope should bear on the outside the bidder’s name, address, and license number (if applicable). If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Owner at

All bids must be made on the required bid form, where all blank spaces for bid prices must be filled in, in ink or typewritten. The bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids as allowed under Oklahoma Law. Any bid may be withdrawn prior to the above scheduled time for bid opening, or authorized postponement thereof. Bids received more than ninety-six (96) hours before the time specified, or those received after the time set for bid opening will not be considered and will be returned unopened. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidders.

Bidders must satisfy themselves of the accuracy of estimated quantities in the bid proposal by review of the Plans and Specifications, including any existing addenda, and by examination of the project site. Once a bid is submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities or the nature of work to be performed. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to its bid.

Prior to bidding, the Owner shall provide to the bidders all pertinent information that delineates and describes the land owned and rights-of-way acquired or to be acquired.

The Contract Documents contain the provisions required for the construction of the product.

Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the contractor or relieve the contractor from fulfilling

W-2114C1 Ames Raw Water Transmission Main Rehabilitation - Creek Crossing (Turkey and Spring)

City of Enid, 401 W Owen K Garriott Rd, Enid, OK 73701 any of the conditions of the contract.

Each bid exceeding $100,000 must be accompanied by a Bid Bond for five percent of the total amount of the bid and payable to the Owner. A certified check may be used in lieu of the Bid Bond.

As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsive, responsible bidders. The bid securities of the successful bidder and the two remaining unsuccessful bidders will be returned upon Owner’s approval of the successful bidder’s executed certificate of insurance and construction bonds.

Construction bonds (Performance, Statutory, and Maintenance) in the amount of 100 percent with a corporate surety approved by the Owner will be required for the faithful performance of the contract. Attorneys-in-fact who sign bid and construction bonds must file with each bond a certified and effective dated copy of their Power-of-Attorney.

The Owner shall award a contract to the lowest, responsive, responsible bidder or bidders within thirty (30) calendar days after bid opening. The Owner may extend the award period not to exceed fifteen (15) calendar days by formal recorded action and for good cause. The time may be extended further by mutual agreement between the Owner and the bidder per O.S. Title 61 Section 111, Public Competitive Bidding Act of 1974 (PCBA).

The Notice of Award shall be accompanied by the necessary contract, bonds, and insurance. In the event of failure of the bidder to execute the contract, the Owner may consider the bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the Owner.

The party to whom the contract is awarded will be required to execute the contract and obtain the construction bonds (Performance, Statutory and Maintenance) and certificate of insurance within

___ calendar days (not to exceed 60 days) from the date when the Notice of Award is delivered to the bidder. The time may be extended further by mutual agreement between the Owner and the bidder per O.S. Title 61 Section 113 (PCBA).

With an acceptable contract, bonds and certificate of insurance signed by the party to whom the

Contract was awarded, the Owner shall sign the contract and return to such party an executed duplicate. Should the Owner not execute the contract within the agreed upon period, the bidder may by written notice withdraw the signed contract. Such notice of withdrawal shall be effective upon its receipt by the Owner.

The Owner shall issue the Notice to Proceed after the execution of the contract, approval of bonds and certificate of insurance. If the Notice to Proceed has not been issued within the agreed upon period, the contractor may terminate the contract without further liability on the part of either party.

The Owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of such bidders fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

A conditional or qualified bid will not be accepted. Tied bids are non-restrictive, and in order for a tied bid to be accepted it must be lower than the sum of low separate bids.

All applicable laws, ordinances, rules, and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. The successful bidder will be required to meet all requirements of the Underground Facilities Damage Prevention Act when engaged in work within public rights-of-way.

When using alternate bids, they will be listed in numerical order, with the highest priority being number one, the second highest priority being number two, etc. The lowest bidder will be determined by comparing all bids that contain the selected alternates and computing the total value of the base bid plus the alternates.

All bidders and owners shall comply with the Oklahoma PCBA of 1974.

The awarded bidder shall supply the names and addresses of all subcontractors and material suppliers when required to do so by the Owner.

To avoid bypassing of raw sewage during construction, the contractor shall use the methods and/or schedule(s) described in Section ___________ of these Specifications, or the method(s) and/or schedule(s) described as follows:

The Contractor will be required to begin work within ____ calendar days of the date shown on the

Notice to Proceed. The time for completion is ____ calendar days. Liquidated damages will be

$__________ per calendar day.

In the event of a conflict between the Plans and the Specifications, the Specifications will govern.

The following items, included in this Bid Packet, shall be submitted along with the bid: Bid

Proposal, Bid Bond, Non-Collusion Affidavit, Business Relationship Affidavit, Contractor’s

This is a raw water transmission main located in a rural area, there is no raw sewage in the vicinity of the project.

350.00

Statement about Equal Opportunity (ARP-211), Contractor’s Certificate of Non-Segregated

Facilities (ARP-212), Sub-Contractor’s Certificate of Non-Segregated Facilities (ARP-212a)

Bidder’s/Supplier’s List (ARP-249), Subcontractor Performance form (ARP-6100-3), Subcontractor Utilization form (ARP-6100-4) and DBE documentation (if applicable).

The consulting engineer is _____________________. The consulting engineer’s contact person for this project is _____________________, with phone number ___________________.

Murali Katta

Tam Nguyen 580-616-7237

PROPOSAL

Proposal – Page 1

TO: The Honorable Mayor and Board of Commissioners The City of Enid, Garfield County, Oklahoma

Gentlemen:

Pursuant to the notice inviting proposals, the undersigned bidder herewith submits his proposal.

He declares he has carefully examined the Plans, Specifications and forms of Contract and bonds as set forth in the proceedings for:

Ames Raw Water Transmission Main Rehabilitation

Creek Crossing (Turkey and Spring)

W-2114C1 and that he has reached a full understanding of everything required on said Plans and Specifications, and that he has informed himself as to the kind and quantities of various materials to be furnished and/or the nature and location of the work to be done, and all other matters affecting the work.

The undersigned bidder proposes and agrees that if his proposal is accepted, to enter into contract with THE CITY OF ENID, on forms prescribed, with approved sureties, within seven (7) days, after notice of award to execute the Contract, and to furnish to the City a satisfactory Performance and Statutory Bond in the sum of 100% of the contract price, guaranteeing the faithful performance of the work and payment of bills.

To do any extra work not covered by the following schedule of prices or stipulated lump sum price which may be ordered by the Engineer and to accept as full compensation therefor such prices as may be agreed upon in writing by the Engineer and the Contractor in accordance with Section 108.04 of the General Provisions.

It is further agreed that the Contractor shall begin the work on the date as provided in these Specifications and to prosecute said work in such a manner as to complete all work contracted for within the number of calendar days submitted in the bid.

The Contractor shall take out and maintain public liability and OCP insurance in accordance with Section

106.25 of the General Provisions of the Specifications. A copy of said Specifications is now on file in the Office of the City Clerk of the City of Enid.

Upon completion of the Contract, the Contractor shall furnish to the City a satisfactory Maintenance Bond in the amount of 100% of the final contract price, guaranteeing the maintenance of the work for a period of THREE (3) years after acceptance by the City.

Accompanying this proposal is a proposal guaranty for 5% of the total bid, payable to the CITY OF ENID, OKLAHOMA, which is to be forfeited, as liquidated damages, if, in the event that this proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory contract bond under the conditions and within the time specified in this proposal. Otherwise said proposal guaranty is to be returned to the undersigned.

Project Name: Ames Raw Water Transmission Main Rehabilitation – Creek Crossing (Turkey and

Spring)

Project No.: W-2114C1

Proposal – Page 2

WATERLINE BASE BID QUANTITIES

Line No. Bid Item Description Quantity Unit Unit Price Extended Price

1 Mobilization 1 LS

2 Bonds & Insurance 1 LS

3 Construction Staking / As-Built 1 LS

24" Ductile Iron Pipe, CL50, Restrained Joint, Material (By Open Trench) 2347 LF

Joint, Installation by Trench & Fill, Complete in Place 2347 LF

6 Ductile Iron Fittings 10 EA

7 24" Valve and Apparatus, Materials 4 EA

24" Valve and Apparatus, Installation and Complete in Place 4 EA

9 Trench and Backfill 2347 LF

10 Restoration 1 LS

11 Manholes 4 EA

Pressure Testing and Disinfection Complete in Place 1 LS

13 3” Crusher Run* 54 TON

Base Bid Total

Contract Time (Calendar Days)

Total Base Bid in Words:

Proposal – Page 3

WATERLINE (OPTION A - DUCTILE IRON)

A-1

Joint, Material (By Boring) 2220 LF

A-2

Joint, Installation by Boring, Complete in Place

LF

WATERLINE (OPTION B - HDPE)

B-1 30" C906 HDPE Pipe, DIPS, DR-11, Material (By Boring) 2220 LF

B-2 30" C906 HDPE Pipe, DIPS, DR-11, Installation by Boring, Complete in Place 2220 LF

B-3 HDPE to DIP Transition Coupling 4 EA

Proposal – Page 4

A Bidder's Bond, Certified or Cashier's Check is enclosed in the amount of $______________, as required.

STATE OF )

) SS:

COUNTY OF )

___________________________________; of lawful age, being first duly sworn, upon his oath, deposes and says, that he executed the accompanying bid on behalf of the bidder named therein for the construction of the above improvement in THE CITY OF ENID, OKLAHOMA, that he had lawful authority so to do and that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any State or City official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any State or City officials concerning exchange of money or other thing of value for special consideration in the letting of a contract; said bidder has neither directly nor indirectly entered into any agreement, express or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or bids, the limiting of the bids or bidders, the parceling or farming out to any bidder or bidders, or other persons of any part of the contract or any part of the profits thereof and that he has not and will not divulge the sealed bid on such public improvement to any person whatsoever, except those having a partnership or other financial interest with him in said bid or bids, until after the sealed bid or bids are opened.

If partnership, give name and address of each partner

By:

Address:

Incorporated under the laws of the State of:

Subscribed and sworn to before me this _____ day of _______________________, 20____.

Notary Public

(SEAL)

My Commission Expires:

Disadvantaged Business Enterprise Program (DBE) Guidance (ARP-267)

Important note: All OWRB ARPA information can be found at

The OWRB is administering the State of Oklahoma’s ARPA funding for various wastewater and water quality projects.

The ARPA program is federally funded, and one of the conditions of federal grant awards is for recipients and sub-recipients (i.e., prime contractors and subcontractors) make a good-faith effort to award a fair share of work to DBEs who are small business enterprises (SBEs), minority business enterprises (MBEs) and women’s business enterprises (WBEs).

To ensure compliance with federal DBE requirements, both Grant Recipients (Project Owners) and Prime Contractors must undertake the good faith efforts to provide opportunities for DBE firms to participate in contracts. Federal regulations require evidence of the demonstration of the six good faith efforts in trying to achieve the DBE participation goals. The Oklahoma Department of Transportation has a Directory of Certified DBE Firms. This directory can be accessed at https://okdot.gob2g.com/Default.asp

Good Faith Efforts: EPA’s Good Faith Efforts for the Clean Water State Revolving Fund (CWSRF) will be used for the OWRB ARPA grant program. The following good faith efforts will apply to all procurement categories involving ARPA funds (See Appendices A& B).

1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For state and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they 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 solicitations 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. For state and local government recipients, 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 services and assistance of the Small Business Administration (SBE) and the Minority Business Development Agency of the Department of Commerce.

6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps.

Please submit all information to:

Financial Assistance Division, OWRB 3800 North Classen Blvd, Oklahoma City, OK 73118

Phone: 405.530.8800, FAX: 405.530.8900

A: Project Owners are required to create and maintain a bidders list in accordance with Subpart E of Part 33 of

EPA’s Disadvantaged Business Enterprise Program rule, (§ 33.501(b)). This requirement will be adopted for projects funded through the OWRB ARPA program. The list must include all firms that bid or quote on prime contracts, or bid or quote subcontracts, on competitively bid ARPA funded projects. The bidders list must only be kept until the project period for the identified grant has ended. The following information must be obtained from all prime and subcontractors and can be provided on Bidders List (ARP-249):

1. Entity’s name with point of contact

2. Entity’s mailing address, telephone number, and e-mail address

3. The procurement on which the entity bid or quoted, and when; and

4. Entity’s status as an MBE/WBE or non-MBE/WBE

B: Project Owners are required to undertake good faith efforts. Steps 1 through 5 can be utilized during the project planning, design and/or pre-bidding phase, to assure that qualified DBE firms have procurement opportunities in construction, equipment, services, and supplies.

To provide procurement opportunities to DBE Firms, the Project Owner should undertake the following:

Conduct pre-bid meetings to inform potential bidders/contractors about DBE requirements and provide guidance in undertaking the required good faith efforts.

Use listings of certified DBEs from the U.S. Small Business Administration (SBA), Oklahoma Department of Transportation (ODOT), etc., to solicit DBE firms as prime contractors whenever they are potential candidates. Project Owners should advertise in minority, local and regional newspapers.

Invite DBE firms, where appropriate, to meetings, conferences etc., to inform them of procurement opportunities and develop, where possible, reasonable contract and delivery schedules that encourage and facilitate participation by DBE’s. This includes, whenever possible, a minimum of 30 calendar days for bids or request for proposals.

Determine if a project can be broken down into smaller components/contracts to allow opportunity for DBE firms to bid both as prime-contractors and as sub-contractors.

For projects broken down into smaller components (e.g., painting, roofing, excavation, pipe laying, etc.,) ensure that the delivery schedules are reasonable.

Encourage DBE firms, where appropriate, to apply as a consortium of DBEs, when a contract is too large for one of these firms to handle individually.

Require prime contractor to complete ARP Form 6100-3 & ARP Form 6100-4 and submit with bid proposal to Project Owner.

Disadvantaged Business Enterprise Program (DBE) Guidance

Demonstration of the Six Good Faith Efforts. See Appendices A & B for additional bidding instructions and contract administrative provisions.

C: Project Owners must require the prime contractor to undertake steps 1 through 5 of the Good Faith Efforts in providing DBE firms opportunity for sub-contracts.

Project Owner must provide the DBE Guidance (ARP-267) and associated forms to Prime Contractors for utilization of DBEs in the bidding documents.

APPENDIX A: Project Owner, Prime Contractor and

Sub-Contractor Responsibilities

EPA’s Disadvantaged Business Enterprise Program rule applies to contract procurement actions funded in part by EPA assistance agreements awarded after May 27, 2008. The rule is found at Federal regulation Title 40, Part 33. Specific responsibilities are highlighted below.

Project Owner Responsibilities:

Include OWRB’s DBE guidance (ARP-267) in each contract with a primary contractor.

Employ the six Good Faith Efforts during prime contractor procurement (§33.301).

Require prime contractor to comply with the following prime contractor requirements of Title 40 Part 33:

a) To employ the six Good Faith Efforts steps in paragraphs (a) through (e) of § 33.301 if the prime contractor awards subcontracts (§ 33.301(f)).

b) To provide ARP form 6100-2 – DBE Subcontractor Participation Form to all DBE subcontractors (Optional submittal by subcontractors) (§ 33.302(e)).

c) To submit ARP form 6100-3 – DBE Program Subcontractor Performance Form and ARP form 6100-4 – DBE

Program Subcontractor Utilization Form with bid package or proposal. (§ 33.302 (f) and (g)).

d) To pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the recipient (§ 33.302(a)).

e) To notify recipient in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor (§ 33.302(b)).

f) To employ the six good faith efforts described in § 33.301 if soliciting a replacement subcontractor after a DBE subcontractor fails to complete work under the subcontract for any reason. (§ 33.302(c)).

g) To employ the six good faith efforts described in § 33.301 even if the prime contractor has achieved its fair share objectives under subpart D of Part 33. (§33.302(d)).

h) Provide Project Owner DBE participation achievements with bid proposal – this includes all information necessary for the Owner to complete the Bidders List (ARP-249). The Owner may allow the prime contractor to complete the Bidders List (ARP-249); however, the Owner is responsible for review and submittal.

Maintain records documenting compliance with the requirements of Title 40 Part 33, including Bidders List (ARP-

249) and documentation of the good faith efforts (§ 33.301(a)) by the project owner and prime contractor.

Prime Contractor Responsibilities:

Employ the six Good Faith Efforts steps in paragraphs (a) through (e) of § 33.301 if the prime contractor awards subcontracts (§ 33.301(f)).

Provide ARP form 6100-2 – DBE Program Subcontractor Participation Form and ARP form 6100-3 – DBE Program

Subcontractor Performance Form to each DBE subcontractor as part of the bid conference and prior to opening of the contractor’s bid or proposal (§ 33.302(e) and (f)). Complete ARP form 6100-4 – DBE Program Subcontractor

Utilization Form (§ 33.302(g))

Submit to recipient with bid package or proposal the completed ARP form 6100-4, plus an ARP form 6100-3 for each DBE subcontractor used in the contractor’s bid or proposal (§ 33.302(f) and (g)).

Pay subcontractors for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the Project Owner (§ 33.302(a)).

Notify the recipient in writing prior to prime contractor termination of a DBE subcontractor for convenience (§ 33.302(b)).

Employ the six good faith efforts described in (§ 33.301) if soliciting a replacement subcontractor after a DBE subcontractor fails to complete work under the subcontract for any reason. (§ 33.302(c)).

Employ the six good faith efforts described in (§ 33.301) even if the prime contractor has achieved its fair share objectives under subpart D of Part 33. (§33.302(d)).

Provide Project Owner DBE participation achievements with bid proposal. This includes information necessary for Owner’s completion of the Bidders List (ARP-249).

Maintain records documenting its compliance with the requirements of Title 40 Part 33, including Bidders List (ARP-

249) and documentation of the good faith efforts (§ 33.301(a)) by the project owner and prime contractor.

Subcontractor Responsibilities:

May submit ARP form 6100-2 – DBE Subcontractor Participation Form to Debra Bradford, EPA Region 6 DBE Coordinator (§ 33.302(e)). Submitted if concerns with EPA funded project (e.g., termination, late payment, etc.)

Must complete ARP form 6100-3 – DBE Program Subcontractor Performance Form and submit it to the prime contractor soliciting services from the subcontractor prior to the opening of bids for the prime contract.

Summary of ARP Forms

ARP Form Requirement Provided By Completed By Submitted To

6100-2: DBE

Subcontractor Participation Form

Project Owners required to have prime contractors provide form to Subcontractors

Prime Contractors to DBE Subcontractors

DBE Subcontractors if concerns with EPA funded project (e.g., termination, late payment, etc.)

EPA Region 6 DBE Coordinator, Debora Bradford

6100-3: DBE

Subcontractor Performance Form

Project Owners required to have prime contractors provide form to Subcontractors

Prime Contractors to DBE Subcontractors

DBE Subcontractors with Prime Contractor’s Signature. Completed when bidding on a job.

Project Owners as part of a bid or proposal package

6100-4: DBE

Subcontractor Utilization Form

Project Owners required to have prime contractors complete the form

Project Owners to Prime Contractors

Prime Contractors to indicate the utilization of a DBE.

Project Owners as part of bid or proposal

APPENDIX B: TITLE 40 PART 33 SUBPART C—GOOD FAITH EFFORTS

§ 33.102 When do the requirements of this part apply?

The requirements of this part apply to procurement under ARPA Grant program agreements performed entirely within the United States, whether by a Project Owner or its prime contractor, for construction, equipment, services, and supplies.

§ 33.106 What assurances must ARPA Grant program recipients obtain from their contractors?

The recipient must ensure that each procurement contract it awards contains the term and condition specified in Appendix A to this part concerning compliance with the requirements of this part.

§ 33.206 Is there a list of certified MBEs and WBEs?

The Oklahoma Department of Transportation has a Directory of Certified DBE Firms. This database can be found at this website: https://okdot.gob2g.com/Default.asp.

§ 33.301 What does this subpart require?

A recipient, including one exempted from applying the fair share objective requirements by § 33.411, is required to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under an ARPA Grant program agreement, even if it has achieved its fair share objectives under subpart D of this part:

a) Ensure DBEs are made aware of contracting opportunities fully practicable through outreach and recruitment activities. For State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.

b) Make information on forthcoming opportunities available to DBE’s, arrange periods 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 solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBE’s. For state and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

d) Encourage contracting with a consortium of DBE’s when a contract is too large for one of these firms to handle individually.

e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce.

f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through

(e) of this section.

§ 33.302 Are there any additional contract administration requirements?

a) Project Owners must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the recipient.

b) Its prime contractor must notify Project Owner in writing prior to any termination of a DBE subcontractor for convenience by the prime contractor.

c) If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described in § 33.301 if soliciting a replacement subcontractor.

d) A project owner must require its prime contractor to employ the six good faith efforts described in §33.301 even if the prime contractor has achieved its fair share objectives under §33.301 subpart D above.

e) A recipient must require its prime contractor to provide ARP Form 6100–2—DBE Program Subcontractor Participation Form to all of its DBE subcontractors. ARP Form 6100–2 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 other concerns the DBE subcontractor might have, for example reasons why the DBE subcontractor believes it was terminated by the prime contractor. DBE subcontractors may send completed copies of ARP Form 6100–2 directly to the appropriate EPA DBE Coordinator.

f) A recipient must require its prime contractor to have its DBE subcontractors complete ARP Form 6100–3—DBE Program Subcontractor Performance Form. A recipient must then require its prime contractor to include all completed forms as part of the prime contractor’s bid or proposal package.

g) A recipient must require its prime contractor to complete and submit ARP Form 6100–4—DBE Program Subcontractor Utilization Form as part of the prime contractor’s bid or proposal package.

h) Copies of ARP Form 6100–2—DBE Program Subcontractor Participation Form, ARP Form 6100–3—DBE Program Subcontractor Performance Form and ARP Form 6100–4—DBE Program Subcontractor Utilization Form may be obtained from EPA OSDBU’s Home Page on the Internet or directly from EPA OSDBU.

i) A recipient must ensure that each procurement contract it awards contains the term and condition specified in the Appendix A concerning compliance with the requirements of this part. A recipient must also ensure that this term and condition is included in each procurement contract awarded by an entity receiving a grant under federal financial assistance agreement.

§ 33.410 Can a recipient be penalized for failing to meet its fair share objectives?

A recipient cannot be penalized or treated by EPA as being in noncompliance with this subpart, solely because its MBE or WBE participation does not meet its applicable fair share objective. However, EPA may take remedial action under §

33.105 for a recipient’s failure to comply with other provisions of this part, including, but not limited to, the good faith efforts requirements described in subpart C of this part.

Source: Federal Requirements and Contract Provisions for Special Appropriation Act Projects, US Environmental

Protection Agency, Region III, June 2008

APPENDIX C: RESOURCE LISTING AND CONTACT INFORMATION

FOR UTILIZATION OF MINORITY AND WOMEN’S BUSINESS ENTERPRISES

Resource Listing Contact Information Website if applicable

U.S. Small Business Administration (SBA) In addition to the national office, the SBA has local district and regional offices to assist small businesses in contracting with the public and private sector.

US Small Business Administration 409 3rd St, SW Washington DC 20416 Phone: 800-827-5722 https://www.sba.gov/

U. S. Small Business Administration (SBA) - OK.

District Office

301 NW 6th St.

Oklahoma City, OK 73102 Phone: 405.609.8000 https://www.sba.gov/of fices/district/ok/oklaho ma-city

Minority Business Development Administration

(MBDA): The MBDA is an agency within the U.S.

Dept. of Commerce, created to foster the development and growth of minority businesses in the U.S. and coordinates resources in the public and private sectors to help MBEs.

1401 Constitution Ave NW Washington, D.C. 20230 Email: support@mbda.gov Phone: (202) 482-2000 http://www.mbda.gov/

Standard Industrial Classification Codes (SIC) or North American Industry Classification System (NAICS) codes visit the websites.

U.S. Bureau of Labor Statistics Postal Square Building, 2 Massachusetts Ave. NE Washington, DC 20212-0001 Phone: 1-202-691-5200 http://www.bls.gov/iag/ tgs/iag_index_naics.ht m

Oklahoma Department of Transportation

(ODOT) and the Minority/Disadvantaged Business Enterprise (ODOT – MBE/DBE). Project Owners and bidders may locate qualified M/WBE’s through the MBE/WBE Directory

200 NE 21st Street Oklahoma City, OK 73105 Phone: 405.521.2082 https://okdot.gob2g.c m/Default.asp.

o

US EPA Office of Small and Disadvantaged

Business Utilization (OSDBU): advocates and advances the business, regulatory, and environmental compliance concerns of small and socio-economically disadvantaged businesses. The Small Business Vendor Profile System contains information of number of small and disadvantaged companies registered with OSDBU.

USEPA Office of Small Programs 1200 Pennsylvania Ave. NW Mail Code 1230T Washington, D.C. 20460 Phone: 202 566-2075 https://www.epa.gov/ab outepa/about-office-small-and-disadvantaged-business-utilization-osdbu

Select “search the OSBP Registry”

Click on the search criteria of interest (ethnicity, size, SIC, etc.)

National Black Chamber of Commerce 4400 Jenifer St NW #331, Washington, DC 20015 Phone:

202 466-6888 Fax: 202 466-4918 Email: info@nationalbcc.org http://www.nationalbcc .org

U.S. Hispanic Chamber of Commerce 424 K St NW #401, Washington, DC 20005

Phone: (202) 842-1212 http://www.ushcc.com

National Association of Minority Contractors

(NAMC)

910 17th Street, NW, Suite 413 Washington, DC 20006 Phone: 202.296.1600 info@namcnational.org http://namcnational.org/

National Association of Women’s Business

Owners (NAWBO) 601 Pennsylvania Ave NW South Building, Ste 900 Washington, DC 20004 Phone: 800-556-2926 Fax: 202-403-3788 www.nawbo.org

National Minority Supplier Development Council, Inc. (NMSDC) 1359 Broadway, 10th Floor, Suite 1000 New York, NY 10018 Phone: (212) 944-2430 Fax: (212) 719-9611 http://www.nmsdc.org/

Native American Development Corporation

(NADC) - provides technical assistance, financial lending opportunities, and champions small businesses

17 N. 26th St.

Billings, MT 59101 Phone: (406) 259-3804 Fax: (406) 259-4569 Email: nadcptac@nadc-nabn.org http://www.nadc-nabn.org/

City of Tulsa – Small Business Enterprise

Program

Maintains a list of Minority and Female business Enterprises that are certified through the “building Resources in Developing and Growing Enterprises

175 E. 2nd St. Tulsa, OK.

74103 Phone: (918) 596-7818 https://www.cityoftulsa .org/developmentbusine ss/small-business-enterprise-program/ Click on the ‘member list”

Southwest Minority Supplier Development

Council: Maintains lists of certified Minority Business Enterprises in Oklahoma

7301 Broadway Ext Ste 224, OKC, OK 73116

Phone: (405) 767-9900 http://www.smsdc.org/

National Association of Women in Construction

(NAWIC)

327 S. Adams Street Fort Worth, TX 76104 Phone: 800-552-3506

817.877.5551 Fax: 817.877.0324

http://www.nawic.org/

Bureau of Indian Affairs - Maintains a list of Native American Contractors and Suppliers by Trade

P.O. Box 368 (1 Mile North on Hwy 281) Anadarko, OK 73005 Phone: (405) 247-6673 Fax: (405) 247-5611 https://www.bia.gov/as-ia/ieed/division-economic-development/native-american-business-development

Oklahoma Department of Commerce

Certification Programs and information 900 N Stiles Ave.

Oklahoma City, OK 73104 Phone: (405) 815-6552 Toll-Free: (800) 879-6552 https://www.okcommer ce.gov/doing-business/#business-services

Cherokee Nation Tribal Employment Rights

Office - Maintains a directory of Indian-owned businesses

Cherokee Nation TERO Dept.

P.O. Box 948 Tahlequah, OK 74465 Phone: (918) 453-5334 or Toll Free: 800-256-0671 ext.

http://cherokeetero.com

ARP-249 BIDDERS/SUPPLIERS LIST

To be completed by Project Owner with documentation from all bidding Prime Contractors & Subcontractors (List of all firms that bid or quote on Prime Contracts and Subcontracts on the project including Services and Supplies)

Project Name:__________________________________________ OWRB Project Number: ARP-__-___-___

Company Name:

Address:

Contact Name:

Phone:

Email:

Quote/Bid Amount ($)

Date:

Utilized: Yes___ No___ If utilized and >$10,000 then ARP 212a form is required (from all subcontractors and suppliers).

DBE: Yes___ No___ If yes, MBE or WBE? _______ Check one: Construction____ Equipment____ Services____ Supplies____ ARP 6100-3 form is required for all DBEs that bid/quote, even if not utilized. Submit with Bidders List.

If utilized submit the following with Bidders List:

A copy of the companies MBE or WBE certificate is required.

ARP 6100-4 form is also required.

Company Name:

Address:

Contact Name:

Phone:

Email:

Quote/Bid Amount ($)

Date:

Utilized: Yes___ No___ If utilized and >$10,000 then ARP 212a form is required (from all subcontractors and suppliers).

DBE: Yes___ No___ If yes, MBE or WBE? _______ Check one: Construction____ Equipment____ Services____ Supplies____ ARP 6100-3 form is required for all DBEs that bid/quote, even if not utilized. Submit with Bidders List.

If utilized submit the following with Bidders List:

A copy of the companies MBE or WBE certificate is required.

ARP 6100-4 form is also required.

Company Name:

Address:

Contact Name:

Phone:

Email:

Quote/Bid Amount ($)

Date:

Utilized: Yes___ No___ If utilized and >$10,000 then ARP 212a form is required (from all subcontractors and suppliers).

DBE: Yes___ No___ If yes, MBE or WBE? _______ Check one: Construction____ Equipment____ Services____ Supplies____ ARP 6100-3 form is required for all DBEs that bid/quote, even if not utilized. Submit with Bidders List.

If utilized submit the following with Bidders List:

A copy of the companies MBE or WBE certificate is required.

ARP 6100-4 form is also required.

Ames Raw Water Transmission Main Rehabilitation - Creek Crossing (Turkey and Spring) 23 0173 G

ARP-6100-2 DBE Subcontractor Participation Form

OWRB Recipients must require prime contractors to provide this form to their DBE subcontractors. This form gives a DBE subcontractor the opportunity to describe work received and/or report any concerns regarding the project.

Subcontractor Name Project Name

Bid/Proposal No. Point of Contact

Address

Telephone No. Email address

Prime Contractor Name Funding entity

Contract

Item

Number

Description of Work Received from the

Prime Contractor Involving Construction, Services , Equipment or Supplies

Amount Received by

Prime Contractor

Please use the space below to report any concerns regarding the above OWRB-funded project:

Subcontractor Signature Print Name

Title Date

ARP-6100-3 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. OWRB

Recipients must require prime contractors to provide this form to their DBE subcontractors.

Subcontractor Name Project Name

Bid/Proposal No. Point of Contact

Address

Telephone No. Email Address

Prime Contractor Name Funding Entity

Contract

Item

Number

Description of Work Received from the

Prime Contractor Involving Construction, Services , Equipment or Supplies

Price of Work

Submitted to the

Prime Contractor

DBE Certified By: ____ DOT

____ SBA

____ Other:

Meets/ exceeds EPA certification standards?

____ YES ____ NO ____ Unknown

I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c).

Prime Contractor Signature Print Name

Title Date

Subcontractor Signature Print Name

ARP-6100-4 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. OWRB

Recipients must require their 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

Bid/Proposal No. Point of Contact

Address

Telephone No. Email address

Funding Entity

I have identified potential DBE certified

Subcontractors ___ YES ___ NO

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?

I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c).

Prime Contractor Signature Print Name

Bidder’s Statement about: Equal Opportunity Clause (ARP-211)

Mark one:

I have participated in previous contract(s) or…