W-2307C Bid Package.pdf

DW-420

Table of Contents

Rev. 5/30/2020

Oklahoma Drinking Water State Revolving Fund

TABLE OF CONTENTS

BID DOCUMENTS FORM (Pages)

1. Advertisement for Bids .................................................................................. DW-003ADV (2)

2. Information for Bidders

3. Wage Decisions

4. Labor Standards Certificate for Bidding………………………………………………DW-074A (1)

5. Statement Regarding Equal Opportunity Compliance .......................................... DW-211 (1)

6. Certification of Non-Segregated Facilities............................................................. DW-212 (1)

7. Incorporation of Equal Opportunity Clauses ....................................................... DW-212a (1)

8. Bid Proposal

9. Bid Schedule

10. Bid Bond ............................................................................................................DW-416B (1)

11. Business Relationships Affidavit ......................................................................... DW-413 (1)

12. Non-Collusion Affidavit ........................................................................................ DW-412 (1)

13. Certification Regarding Lobbying ........................................................................ DW-414 (1)

14. Disadvantaged Business Enterprise Program Guidance………..….……………DW-700 (2)

15. Bidder’s American Iron & Steel Certification………………………………………DW-501 (2)

16. Bidder’s Build America Buy America Certification………………………………..DW-502 (2)

CONTRACT DOCUMENTS

17. Agreement

18. Performance Bond ............................................................................................DW-416P (1)

19. Statutory Bond ..................................................................................................DW-416S (1)

20. Maintenance Bond ........................................................................................... DW-416M (1)

21. Notice of Award ................................................................................................... DW-417 (1)

22. Notice to Proceed ................................................................................................ DW-418 (1)

23. Claim or Invoice Affidavit .................................................................................... DW-415 (1)

24. Certificate of Approval of Contract and Bonds .................................................... DW-419 (1)

25. EPA 6100

GENERAL REQUIREMENTS

26. General Conditions

27. Supplemental Conditions for DWSRF Projects ......................... DW-185 (Pink Sheets) (18)

SPECIFICATION DOCUMENTS

28. General Requirements & Technical Specification:

a. Final Plans

b. Specification Notes

c. Special Provisions

d. General Provisions

e. Division III

f. Division IV http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html http://www.deq.state.ok.us/wqdnew/dwsrf/index.html

INFORMATION FOR BIDDERS

W-2307C

300 -700 Blk. W. Moore Avenue Waterline Extension

DWSRF No. P40-2002412-05

Statement of Work

Work to be performed is as detailed in the attached plans and proposal sheet, to the exact specifications of the City of Enid (attached). This project shall include a bid for a 8" PVC waterline along Moore Avenue between Monroe and Adam streets.

Conflict Statements

In the event of a conflict between the specifications and the DWSRF Supplemental Conditions (DW-185

“Pink Sheets”), the latter shall govern. In the event of a conflict between the plans and specifications, the specifications shall govern.

Method of Award

Award will be made to the lowest responsive and responsible bidder who has met all criteria as defined in the bid package. The City of Enid reserves the right to bid rejection. The City of Enid also reserves the right to waive any informalities. Any or all bids may be rejected in accordance with the Oklahoma

Competitive Bidding Act.

Conditional bids are unacceptable. Tied bids are non-restrictive: In order for a tied bid proposal to be accepted, it must be lower than the sum of low separate bids.

Bid proposals shall include the itemized cost breakdown and shall conform to approved plans and specifications. Required items to be submitted with bids shall include:

Bid Proposal

Bid Bond (as required in the specifications)

DW-211 Certificate (Re: Equal Opportunity Clause)

DW-212 Certificate (Re: Non-segregated Facilities)

DW-412 Non-Collusion Affidavit

DW-413 Business Relationships Affidavit

DW-414 Certificate Regarding Lobbying

DW-501 American Iron and Steel Certification

DW-074A Labor Standards Certificate for Bidding

Acknowledgement of any addenda

Incomplete bids that are missing any of the above stated items shall not be considered.

The successful bidder must follow the correct procedures as outlined below for entering into a contract with the City of Enid:

i. Contractor shall submit executed agreement and bonds within 10 business days after its receipt from the owner.

ii. Owner shall return executed copy of the agreement within 10 business days after its receipt from the contractor.

iii. Owner shall issue a Notice to Proceed within 30 days after the Owner executes the agreement, unless otherwise agreed upon by the Owner and Contractor.

iv. Contractor shall begin construction within 10 days of the date shown on the Notice to proceed.

Completion Time

Time for completion of the project shall be as bid by the successful bidder, defined for each section of the base and alternates in unit of calendar days. Work shall be scheduled so that interruption of the drinking water supply to the area is minimized.

Time for completion of the project shall be determined by the successful bidder for the base and alternates, in calendar days. Failure to complete work on time as bid in the proposals shall be considered as liquidated damages and deducted per calendar day in alignment with Division I General Provisions, Section 107.09.

Bonds

Bond requirements shall be as defined in the attached bond sheets. The Bid Bond requires 5% of the gross amount of the base bid, and 100% of said amount for the Performance Bond, Statutory Bond, and

Maintenance Bond. The maintenance bond time period shall be three years. A Power of Attorney

Certification must be included with the bonds.

Davis Bacon Act

This project is subject to the Davis Bacon Act and prevailing wage rate requirements. By submitting a bid/proposal under this solicitation, the Bidder understands that the bid/proposal is subjected to the Davis-

Bacon Act including prevailing wage rates and the Contract Work Hours and Safety Standards Act.

System for Award Management (SAM)

System for Award Management (SAM) shall be used for this project. System for Award Management

(SAM) registration is required for all DWSRF program applicants and Awardees (Entities, prime contractors, subcontractors, vendors) in order to be awarded contracts by the DWSRF program. SAM replaces 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. New Applicants and awardees please go to Sam.gov to complete the registration process.

Note: In order to register in SAM, a Data Universal Number System (DUNS) number will be required.

DUNS number is a unique, non-indicative 9-digit identifier issued and maintained by Dun & Bradstreet

(D&B) that verifies the existence of a business entity globally. D&B assigns DUNS numbers for each physical location of a business. All entities doing business with the U.S. Government can receive a DUNS number FREE of charge and, under normal circumstances, within 1-2 business days when using the D&B web form process at http://fedgov.dnb.com/webform https://www.sam.gov/portal/SAM/#1 http://fedgov.dnb.com/webform

American Iron and Steel

American Iron and Steel provisions shall apply to this project. American Iron and Steel provisions apply to projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Safe Drinking Water Act, Section 1452(a)(4), requiring that all iron and steel products used for a project for the construction, alteration, maintenance or repair of a public water system are produced in the United States. By submitting a bid/proposal under this solicitation, the Bidder certifies that all Iron and Steel used in the project are produced in the United States in accordance with the “Safe

Drinking Water Act, Section 1452(a)(4).” By submitting a bid/proposal under this solicitation, the Bidder shall submit American Iron and Steel Certification Form DW-501 with the bid.

All iron and steel products used in this project for the construction, alteration, maintenance or repair of a public water system or water treatment plant shall be produced in the United States in accordance with the

Safe Drinking Water Act, Section 1452(a)(4). Such products include lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete and construction materials.

Tax Exemption

A Tax Exemption certificate will be issued to the successful bidder by the City of Enid prior to project commencement.

Storm Water Permitting

The Contractor shall be required to obtain a DEQ Storm Water Construction Permit in accordance with

OPDES, 27A, O.S. Section 2-6-201 et. seq. For information or a copy of the GENERAL PERMIT (GP-

005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITES, Notice of Intent

(NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention

Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK

73101-1677 or by phone at (405) 702-8100.

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DW-074A

Labor Standards Certificate

Rev. 1-4-2013

File #1 Clip #8

Oklahoma Drinking Water State Revolving Fund

LABOR STANDARDS CERTIFICATE FOR BIDDING

I certify that all the Davis Bacon Act and Labor Standards Contract Provisions of the specifications will be complied with during construction of the drinking water treatment works known as

Drinking Water State Revolving Fund Project Number P40-2002412-05.

I also certify that all laborers and mechanics employed by me and my subcontractors during construction of the project will be paid wages at rates not less than those listed on the prevailing wage rates contained in the contract documents.

Project Description:

Printed Name of Authorized Representative

Signature of Authorized Representative Date

DW-074B

Labor Standards Certificate

Rev. 11/2/2011

File #1 Clip #8

Oklahoma Drinking Water State Revolving Fund

LABOR STANDARDS CERTIFICATE FOR PROJECT CLOSE-OUT

I certify that all the Davis Bacon Act and Labor Standards Contract Provisions of the specifications have been fully complied with during construction of the drinking water treatment works known as Drinking Water State Revolving Fund Project Number P-40-2002412-05.

Project Description:

Printed Name of Contractor’s Authorized Representative

Signature of Contractor’s Authorized Representative Date

DW-211

Rev. 3/07

FILE #1 CLIP #4

PROSPECTIVE PRIME CONTRACTOR'S

(BIDDER) STATEMENT ABOUT

EQUAL OPPORTUNITY CLAUSE

I have participated in previous contract(s) or subcontract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375 or preceding Executive Orders 10925 and 11114. I have filed all reports due under the requirements contained in 40 CFR, Part C, 8.11.

I have not participated in previous contract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375 or preceding Executive Orders 10925 and 11114.

I will obtain a similar statement from any proposed subcontractor(s), when appropriate.

(Signature and Title of Prospective Prime or Subcontractor's Representative)

(Printed or typed Name and Title of Prospective Prime or Subcontractor's Representative)

(Name and address of Prospective Prime or Subcontractor)

DW-212

FILE #1 CLIP #4

PROSPECTIVE PRIME CONTRACTOR'S

(BIDDER) CERTIFICATION OF

NONSEGREGATED FACILITIES

I hereby certify that I do not and will not maintain any facilities provided for my employees in a segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that I will obtain a similar certification prior to the award of any federally assisted subcontract exceeding $10,000 which is not exempted from the equal opportunity clause.

(Signature and Title of Prospective Prime Contractor's Representative)

(Printed or typed Name and Title of Prospective Prime Contractor's Representative)

(Name and address of Prospective Prime Contractor)

DW-212a

FILE #1 CLIP #4

SUB-CONTRACTOR'S

CERTIFICATION OF NONSEGREGATED FACILITIES

AND

INCORPORATION OF EQUAL OPPORTUNITY CLAUSES

I hereby certify that I do not and will not maintain any facilities provided for my employees in a segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that I will obtain a similar certification prior to the award of any federally assisted subcontract exceeding $10,000 which is not exempted from the equal opportunity clause;

In addition, I hereby incorporate into my sub-agreement with the prime contractor the Equal Opportunity Clauses 1-7 as set forth in Executive Order No. 11246 and issued by the Secretary of Labor in Title 41 CFR Chapter 60-1.4 of the federal rules and regulations.

(Printed or Typed Name & Address of Sub-contractor)

(Signature of Sub-contractor's Representative)

(Printed or typed Name and Title of Sub-contractor's Representative)

Note: EEO clauses are included in DW-185 in the contract specifications

PROPOSAL

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:

300 - 700 Blk. W. Moore Avenue Waterline Extension

W-2307C DWSRF No. P40-2002412-05 and that he has reached a full understanding of everything required on said Plans and Specifications, including any addenda, 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. This bid shall be good for 30 to 90 days, in accordance with Section 211 of the attached Special Provisions.

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.

Time for completion of the project shall be determined by the Contractor at the time of bid for the base and alternates, in calendar days. Failure to complete work on time as bid in the proposals shall be considered as liquidated damages and deducted per calendar day in alignment with Division I General Provisions, Section 107.09.

By submitting a bid/proposal under this solicitation, the Bidder understands that the bid/proposal is subjected to the Davis-Bacon Act including prevailing wage rates and the Contract Work Hours and Safety Standards Act.

By submitting a bid/proposal under this solicitation, the Bidder certifies that all Iron and Steel used in the project are produced in the United States in accordance with the “Safe Drinking Water Act, Section 1452(a)(4).

By submitting a bid/proposal under this solicitation, the Bidder shall submit American Iron and Steel Certification Form DW-501 with the bid.

Project Name: 300 - 700 Blk. W. Moore Avenue Waterline Extension Project No.: W-2307C

W-2307C 300 - 700 Blk West Moore Avenue Waterline Extension Line No. Bid Item Description Quantity Unit Unit Price Extended Price

1 Mobilization 1 LS 2 Bonds and Insurance 1 LS 3 Construction Staking/As-Built 1 LS 4 Construction Traffic Control 1 LS 5 8" PVC DR 18 Materials 1114 LF

8" PVC DR 18 Installation by Trench & Fill (Complete in Place) 1114 LF

7 6" PVC DR 18 Materials 66 LF

6" PVC DR 18 Installation by Trench & Fill (Complete in Place) 66 LF

9 8" PVC SDR 26 Sewer Line Materials 20 LF

8" PVC SDR 26 Sewer Line Installation by Trench & Fill (Complete in Place) 20 LF

Fire Hydrant Assembly with Valve Complete in Place 2 EA

12 Ductile Iron Fittings 1960 LBS

Type A Aggregate Backfill Under Pavement (0.85 ton/yd3) 138 CY

14 Single Long Service (1") Installation 5 EA 15 8" Gate Valve & Box Complete in Place 6 EA

Pressure Testing and Disinfection Complete in Place 1 LS

17 Remove and Replace Fence, Complete in Place 140 LF 18 Fire Hydrant Removal 2 EA 19 Tie into Existing Waterline 4 EA 20 Concrete Street & Alley, Complete in Place 138 SY 21 Concrete Driveway Repair, Complete in Place 40 SY 22 Solid Slab Sodding 460 SY 23 Construction Sign, Complete in Place 2 EA 24 *Additional Concrete Repair, Complete in Place 20 SY

*Line item only to be used at the discretion of the Engineer.

Base Bid Total Base Bid Contract Time (Calendar Days)

Total Base Bid in Words:

Project Name: 300 - 700 Blk. W. Moore Avenue Waterline Extension Project No.: W-2307C

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:

BID BOND

Project Name: 300-700 Blk. W. Moore Avenue Waterline Extension

Project No.: W-2307C

DWSRF No. P40-2002412-05

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

Incorporated under the laws of the State of:

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

Notary Public

(SEAL)

My Commission Expires:

By:

Address:

DW-413

FILE #1 CLIP #4

BUSINESS RELATIONSHIPS AFFIDAVIT

STATE OF ) ss.

COUNTY OF )

, of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid.

Affiant further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with the architect, engineer, or other party to the project is as follows:

Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the architectural or engineering firm or other party to the project is as follows:

Affiant further states that the names of all persons having any such business relationships and the positions they hold with their respective companies or firms are as follows:

(If none of the business relationships hereinabove mentioned exist, affiant should so state.)

Signed: _______________________________________

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

Notary Public

DW-412

FILE #1 CLIP #4

NONCOLLUSION AFFIDAVIT

STATE OF ) ss.

COUNTY OF )

______ , of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid.

Affiant further states 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 government 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 government official concerning exchange of money or other value for special consideration in the letting of a contract; that the bidder/contractor had not paid, given or donated or agreed to pay, give or donate to any officer or employee of the (or other entity) any money or other thing of value, either directly or indirectly in the procurement of a contract or pursuant to this bid.

Signed:

Subscribed and sworn to before me this day of , ___ .

Notary Public

DW-414

Rev. 3/98

FILE #1 CLIP #4

CERTIFICATION REGARDING LOBBYING

FOR CONTRACTS OR SUBAGREEMENTS UNDER

FEDERAL CONTRACTS, GRANTS OR LOANS

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, an officer or employee of Congress, or an employee of 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 the instructions on that form.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreement and that all subrecipients 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.

DATE: BY:

Typed Name and Title

Grantee

P-40-2002412-05

DW-700

DBE Guidance

Revised 7/18/17

Oklahoma Drinking Water State Revolving Fund Disadvantaged Business Enterprise (DBE) Program Guidance

FOR INSTRUCTIONS, EXAMPLES, AND DBE LISTS AND AGENCIES GO TO DW-701 GUIDELINES FOR DBES.

All DW and EPA forms can be found at http://www.deq.state.ok.us/wqdnew/dwsrf/index.html

The Oklahoma Drinking Water State Revolving Fund (DWSRF) receives federal funds from the U.S. Environmental Protection Agency (EPA) to provide low interest rate loans to finance water infrastructure projects. As a condition of federal grant awards, EPA regulations require that loan recipients and sub-recipients (i.e., prime contractors and subcontractors) make a good-faith effort to award a fair share of work to DBE’s who are minority business enterprises (MBE’s) and women’s business enterprises (WBE’s). DBE requirements can be found in 40 CFR Part 33.

To ensure compliance with EPA’s DBE requirements, both Project Owners (Loan Recipients) and Prime Contractors must undertake the good faith efforts to provide opportunities for DBE companies to participate in procurements. EPA regulations require evidence of the demonstration of the six good faith efforts in trying to achieve the DBE participation goals. DWSRF negotiated DBE participation goals with EPA of 11.25% for MBEs and 7.41% for WBEs. The DBE goals are not a quota.

Good Faith Efforts – 40 CFR 33.301 The following good faith efforts which apply to the procurement categories involving EPA financial assistance funds can be found in 40 CFR, Subpart C, Part 33 of EPA’s Disadvantaged Business Enterprise Program Rule.

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

2. Search DBE lists for potential subcontracts/suppliers.

a. The DBE lists are updated frequently, so search on-line for the most current list.

b. Contact at least one DBE for each subcontract/supplier needed.

3. Provide notice to DBE organizations of opportunities to bid.

4. Arrange time frames for contracts and establish delivery schedules in a way that encourages and facilitates participation by DBEs in the competitive process.

5. Divide total requirements into smaller tasks or quantities and using DBE prime contractors and subcontractors when feasible to permit maximum DBE participation.

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

7. Use the services and assistance of the Small Business Administration (SBA), Department of Transportation (DOT) and Minority Business Development Agency of the U. S. Department of Commerce.

8. If the Prime Contractor awards subcontracts, require the prime contractor to take these same Good Faith Efforts.

TO PROVIDE PROCUREMENT OPPORTUNITIES TO DBE FIRMS, THE PROJECT OWNER SHOULD:

• Conduct pre-bid meetings to inform potential bidders/contractors about DBE requirements and provide guidance in undertaking the required good faith efforts found at 40 CFR 33.301.

• When appropriate invite DBE companies to meetings, conferences, etc., to inform them of procurement opportunities.

• Use databases of certified DBEs from the U.S. Small Business Administration (SBA), Oklahoma Department of Transportation (ODOT), etc, to solicit DBE companies as prime contractors whenever they are potential.

• The SBA maintains a list that can be found at the following link http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

DW-700

DBE Guidance Revised 9/3/15

• The ODOT maintains a database which can be found at the following link http://biappsrv.odot.ok.gov/apex/f?p=145:1

• Cherokee Nation Tribal Employment Rights Office (TERO) maintains a list which can be found at http://www.cherokeetero.com/

Procurement, Recordkeeping and Reporting

1. PROJECT OWNERS ARE REQUIRED TO:

A. Ensure all prime contractors apply the Good Faith Efforts and submit required forms as listed below.

B. 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 project owner/recipient.

40 CFR 33.302(a)

C. Maintain copies of all DBE documentation and forms.

2. PRIME CONTRACTORS ARE REQUIRED TO:

A. Notify the loan recipient in writing prior to any termination of a DBE subcontractor by the prime contractor. 40 CFR 33.302(b) B. Follow the six good faith efforts if soliciting a replacement subcontractor after a DBE subcontractor fails to complete work under the subcontract for any reason. 40 CFR 33.302(c) C. Follow the six good faith efforts for all subcontract and/or supplier procurements even if the prime contractor has achieved its fair share objectives. 40 CFR 33.302(d) D. Provide EPA Form 6100-2 – DBE Program Subcontractor Participation Form to all of its DBE subcontractors. This form is utilized if DBE subcontractors have concerns such as termination or late payment. The completed form should be sent to EPA Region 6 DBE Coordinator. 40 CFR 33.302(e)

PRIME CONTRACTORS MUST SUBMIT THE FOLLOWING FORMS WITHIN THREE DAYS

OF BEING DECLARED THE APPARENT LOW BIDDER:

• EPA Form 6100-3 – DBE Subcontractor Performance Form (completed by DBE subcontractors when submitting a bid; Signed by bidding subcontractor and prime contractor) 40 CFR 33.302(f).

• EPA Form 6100-4 – DBE Subcontractor Utilization Form (completed and signed by prime contractors to report the utilization of DBEs) 40 CFR 33.302(g).

3. All DWSRF loan recipients are required to create and maintain a bidders list in accordance with 40 CFR, Subpart E, Part 33 of EPA’s Disadvantaged Business Enterprise Program rule, (40 CFR 33.501(b). The bidder’s list must include all companies that bid/quote on prime contracts and/or bid/quote on subcontracts and supplies for DWSRF funded projects (including DBEs and non-DBEs). EPA Form 6100-3 – DBE Subcontractor Performance Form serves as the bidders list and must be completed and sent to DWSRF. The bidder’s list must include the following prime and subcontractor information (40 CFR 33.501): entity’s name and the name of the person contacted; entity’s mailing address, telephone number, and e-mail address; the task or material on which the entity bid/quoted, the amount and date of bid/quote; and the entity’s status as an MBE/WBE or non-MBE/WBE.

http://biappsrv.odot.ok.gov/apex/f?p=145:1 http://www.cherokeetero.com/

DW-501

Bidder’s AIS Cert.

Rev. 4/22/2014

FILE #1 CLIP #7

BIDDER’S AMERICAN IRON AND STEEL CERTIFICATION

(Submit with the Bid)

This is a certification that I, the bidder, ___________________________ (Name and Title) of __________________ (Company Name, Partnership, LLC, Inc., etc.) hereby certify and is aware that none of the funds appropriated or otherwise made available by the Consolidated Appropriation Act, 2014,” (Appropriations Act) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.

The Bidder is aware that all iron and steel products used for this project must be produced in the United States per Section 436(a)-(f) of the Consolidated Appropriations Act, 2014, and incorporated into this project 300-700 Block W Moore Avenue Waterline Extension DWSRF No. P40-2002412-05, and furthermore certifies as follows.

1. The bidder understands the term “iron and steel products” applies to all projects for the construction, alteration, maintenance, or repair of publically owned treatment works or public water systems.

2. The bidder understands the term “iron and steel products” refers to the following products made primarily of iron or steel, lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

Additional information, including any published waivers, is posted on the EPA Website, http://water.epa.gov/grants_funding/aisrequirement.cfm.

3. The bidder further states that this requirement applies to all portions of the project that are subcontracted.

4. This “Bidder’s American Iron and Steel Certification” is to be submitted by Bidder as a part of this bid and proposal.

5. Iron and steel of unknown origin are considered to have been produced or manufactured outside the United

States.

6. Identification of American-produced Iron and Steel Goods: Consistent with the terms of the Owner’s bid solicitation and the provisions of Use of American Iron and Steel Section 436, the Bidder certifies that this bid reflects the Bidder’s best, good faith effort to identify domestic sources of iron and steel goods in the bid solicitation where such American-made goods are available on the schedule and consistent with the deadlines prescribed in or required by the bid solicitation.

7. Verification of U.S. Production: The bidder certifies that all iron and steel products contained in the bid solicitation that are American-made have been so identified, and if this bid is accepted, the Bidder agrees that it will provide reasonable, sufficient, and timely verification to the Owner of the U.S. production of each component so identified.

8. Documentation Regarding Non-American-made Iron and Steel Goods: The Bidder certifies that for any iron and steel products that are not American-made and are so identified in this bid, the Bidder has included in or attached to this bid one or both of the following, as applicable:

9. Identification of and citation to a categorical waiver published by the U.S. Environmental Protection Agency in the Federal Register that is applicable to such component or components, and an analysis that supports its applicability to the component or components; If the Administrator of the Environmental Protection Agency (EPA) receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Website of the Environmental Protection Agency.

http://water.epa.gov/grants_funding/aisrequirement.cfm

DW-501

Bidder’s AIS Cert.

Rev. 4/22/2014

FILE #1 CLIP #7

10. Verifiable documentation sufficient to the Owner, as required in the bid solicitation or otherwise, that the Bidder has sought to secure American-produced goods but has determined that such goods are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation, with assurance adequate for the Bidder under the applicable conditions stated in the bid solicitation or otherwise.

11. Information and Detailed Justification Regarding Non-American-produced Iron and Steel Goods: The Bidder certifies that for any such product or products that are not so available, the Bidder has also provided in or attached to this bid certification, including but not limited to the verifiable documentation and a full description of the bidder’s efforts to secure any such American-produced iron and steel goods, that the Bidder believes are sufficient to provide and as far as possible constitute the detailed justification required for a waiver under Use of American Iron and Steel with respect to such product or products.

12. If use of a noncompliant iron and/or steel product is permanently incorporated into a project, one or more of the following can occur: 1) Request a waiver where appropriate. 2) Require the removal of the non-domestic item. 3) Payment for all or part of the project will be withheld.

13. The Bidder further agrees that, if this bid is accepted, it will assist the Owner in amending, supplementing, or further supporting such information as required by the Owner to request and, as applicable, implement the terms of a waiver with respect to any such product or products. The EPA strongly recommends the use of a step certification, similar to the one used by the Federal Highway Administration. The final manufacturer can also certify that the manufacturing process occurred in the United States.

Name of Construction Company

Signed______________________________ Signature of Authorized Official

By__________________________________ Type Name of Authorized Official

Title_________________________________ Title of Authorized Official

DW-502

Bidder’s BABA Cert.

Rev. 9/27/2022

FILE #1 CLIP #7

BIDDER’S BUILD AMERICA BUY AMERICA CERTIFICATION

This is a certification that I, the Bidder, ___________________________ (Name and Title) of

__________________ (Company Name, Partnership, LLC, Inc., etc.) hereby certify that funds for this project must comply with all federal requirements applicable to the assistance received (including those imposed by the

Infrastructure Investment and Jobs Act (“IIJA”), Public Law No. 117-58) which the Bidder understands includes, but is not limited to, the following requirements: that all of the iron and steel, manufactured products, and construction materials used in the project are to be produced in the United States (“Build America, Buy America

[BABA] Requirements”) unless (i) the Bidder has requested and obtained a waiver from the cognizant Agency pertaining to the project or the project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the Bidder in writing that the BABA Requirements are not applicable to the project.

The Bidder is aware that all iron and steel, manufactured projects, and construction materials used for this project must be produced in the United States per BABA requirements and incorporated into this project 300-700 Blk. W.

Moore Avenue Waterline Extension, DWSRF Project #: _P40-2002412-05, and furthermore certifies as follows.

1. The Bidder understands the term “iron and steel, manufactured products, and construction materials” applies to all projects for the construction, alteration, maintenance, or repair of publically owned treatment works or public water systems. The Bidder understands the term “iron and steel, manufactured products, and construction materials” refers to the following:

a) To establish standards defining the term “all manufacturing processes” in the case of construction materials, Office of Management and Budget (“OMB”) must first determine to which materials the standards will apply.

b) The IIJA finds that “construction materials” include an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of: Non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, and drywall.

2. The Bidder further states that this requirement applies to all portions of the project that are subcontracted.

3. This “Bidder’s Build America Buy America Certification” is to be submitted by the Bidder as a part of this bid and proposal.

4. Iron and steel, manufactured products, and construction materials of unknown origin are considered to have been produced or manufactured outside the United States.

5. Identification of American-produced Iron and Steel, Manufactured Products, and Construction Materials:

Consistent with the terms of the Owner’s bid solicitation and the provisions of BABA, the Bidder certifies that this bid reflects the Bidder’s best, good faith effort to identify domestic sources of iron and steel, manufactured products, and construction…