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Appendix F

 

 

DWSRF Contract Requirements

 


DWSRF SUPPLEMENTAL GENERAL CONDITIONS

 

The provisions of the Drinking Water State Revolving Loan Fund (DWSRF) Supplemental General Conditions as described below change, amend, or supplement the General Conditions and shall supersede any conflicting provisions of the CONTRACT.  These provisions shall be used in conjunction with the most recent version of EJCDC documents No. 1910-8-FA (Contract General Conditions) and No. 1910-8-A-1-FA (Owner/Contractor Agreement), both the Funding Agency version.  All provisions of the General Conditions, which are not changed, amended, or supplemented, remain in full force.

 

Notice to Bidders

 

Any person interested in Bidding on this contract should thoroughly familiarize themselves with these DWSRF Supplemental General Conditions.  Failure to comply with any of these conditions may result in the Bidder being determined non-responsive and therefore, not entitled to the award of this contract.

 

Minority and Women Business Enterprises Requirements

 

The CONTRACTOR will take all necessary affirmative steps to assure that minority firms, women's business enterprises and labor surplus area firms are used when possible.

 

Affirmative steps shall include:

  Placing qualified small and minority businesses and women's business enterprises on

          solicitation lists;

(ii)        Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(iii)       Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

(iv)       Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

(v)        Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

 

The goals for this PROJECT are a minimum of five percent (5%) MBE and WBE participation (1.3% MBE; 3.7% WBE).  If these goals are not met the successful bidder must demonstrate a good faith effort toward meeting the goals.  The successful bidder must submit to the OWNER, within ten (10) days after the bid opening or by the contract signing, the appropriate one of either Attachment A (the MBE/WBE goals having been met) or Attachment B (the MBE/WBE goals not having been met) completed in its entirety.  In addition, the CONTRACTOR shall submit to the OWNER, a compliance report (Attachment C) listing the MBES and WBES, their work and the amount of payment to each, during each pay request period, for the duration of the contract.  Attachments A, B, and C are included in this document.

 

NOTE:  The most recent copy of the Maine Department of Transportation's "Certified Disadvantaged Business Enterprise Directory", or reference to its Internet location (state.me.us/mdot/humnres/o_equalo/cdwbed_h.htm), should be attached and made part of the specifications.

Contractor's and Subcontractor's Insurance*

 

The CONTRACTOR shall not commence work under this contract until he has obtained all the insurance required hereunder and the OWNER has approved such insurance, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work on his subcontract until all similar insurance required of the SUBCONTRACTOR has been so obtained and approved.  Approval of the insurance by the OWNER shall not relieve or decrease the liability of the CONTRACTOR hereunder.

 

Operations under the CONTRACT DOCUMENTS, whether such operations be by himself or by any SUBCONTRACTOR under him, requires insurance to be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damages sustained by two or more persons in any one accident.  Insurance shall be written with a limit of liability of not less than $500,000 for all property damage sustained by any one person in any one accident-, and a limit of liability of not less than $500,000 aggregate for any such damage sustained by two or more persons in any one accident.

 

The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTOR as their interest may appear.  This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT.

 

The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the State of Maine, Workmen's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter’s employees unless such employees are covered by the protection afforded by the CONTRACTOR.  In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR shall provide, adequate and suitable insurance for the protection of his employees not otherwise protected.

 

Bid Protests

 

All protests arising from the OWNER'S procurement practices must be submitted to the OWNER as soon as practical.  The OWNER will investigate the basis for the protest, seek the advice of legal counsel, document all meetings and actions, and attempt to resolve the protest promptly and equitably.  In the event that the protest is not settled, an appeal may be filed with the Department of Human Services (DHS).

 

Claims or Disputes

 

All claims or disputes between the OWNER and the CONTRACTOR must be settled informally using the DHS as a mediator or formally in a court of law.  All resolved disputes and claims must be submitted to the DHS by change order for approval before payment.

 

Claims, disputes, and other matters in question arising out of or relating to the Contract Documents, or a breach thereof, that were unable to be settled informally through mediation, shall be settled by litigation in a court of competent jurisdiction.

 

Posting Documents

 

The following documents must be posted and maintained by the CONTRACTOR at such place or places on the PROJECT site where employees can easily see them.  The posters may be obtained, free of charge, from "Business Answers" 1-800-872-3838.

 

"Notice to Labor Union or Other Organizations of Workers" (Exhibit 2)

"Equal Employment Opportunity is the Law" poster

"Job Safety and Health Protection" poster

"Fair Labor Standards Act" poster

"Employee Polygraph Protection Act" poster

"Family and Medical Leave Act" poster (applicable to employers of 50 or more employees

"Notice Relative to the Regulation of Employment" (State Poster)

"Minimum Wage" (State Poster)

"Whistleblowers' Protection Act" (State Poster)

"Sexual Harassment Law" (State Poster)

"Workers Compensation" (State Poster)

"Maine Employment Security Law" (applicable to employers who must pay unemployment tax).  Available from the Unemployment Compensation Division of the Maine Dept. of Labor.

 

Project Sign

 

The CONTRACTOR shall provide and erect a PROJECT sign as detailed and specified (sample signs attached).  The location of the sign shall be as directed by the ENGINEER.  No other CONTRACTOR, SUBCONTRACTOR or material signs will be permitted on the sign.  The CONTRACTOR shall maintain and keep the PROJECT sign in good condition until the work is completed when the sign will be removed.  All other signs to be erected on the site shall be approved by the ENGINEER.  Provide adequate supports for sign as site conditions may require and keep sign a proper distance above prevailing grade to permit public viewing.

 

*If project is being co-funded with the U.S. Department of Agriculture, Rural Utilities Services, these provisions are covered by RUS’s Supplemental Conditions and can be removed.


DWSRF MBE/WBE Firm Utilization Instructions

 

Goals for this project are:   MBE           1.3%               and    WBE         3.6%                 

 

To demonstrate that you have made good faith efforts to meet the MBE/WBE utilization goals for this project :

Complete and submit Attachment A.  Identify minority and women’s business enterprise firms that you will use to meet the stated goals. 

OR

Complete and submit Attachment B.  Attachment B must be accompanied by copies of the solicitations you used in your effort to attract MBE/WBE subcontractors.  Suggested steps are listed below.

AND

Complete and submit an Attachment C with every request for payment that includes payment to a firm identified on the previously submitted Attachment A or B.

 

Attachment A or B must be submitted within 10 days of the bid opening or at the time of award, whichever comes first.  If, at that time, you do not know your MBE/WBE Utilization percentage, submit Attachment B with copies of the solicitation letters sent to MBE and WBE firms.

 

As the contractor for this DWSRF Project you need to observe the following good faith effort steps to achieve the MBE/WBE utilization goals.

 

1.      Place qualified minority and women’s business enterprises on solicitation lists for subcontracts;

2.      Assure that minority and women’s business enterprises are solicited when they are potential sources;

3.      Divide project, when economically feasible into smaller tasks or quantities to permit maximum participation by minority and women’s business enterprises;

4.      Establish delivery schedules, where the requirements permit, to encourage participation by minority and women’s business enterprises; and

5.      Use the services and assistance of the Small Business Administration , and the Minority Business Development Agency of the Department of Commerce.

 

The Maine Department of Transportation maintains a list of certified Minority and Women’s business enterprise firms.  It is updated quarterly and available on the Internet at

http://www.maine.gov/mdot/humnres/o_equalo/cdwbed_h.htm

If you need a hard copy of the listing please inform the DWSRF Project Manager for this project.

 

The Environmental Protection Agency requires projects funded by the DWSRF to demonstrate good faith efforts to utilize Minority and Women business enterprise firms.  Each year the state of Maine Drinking Water Program negotiates fair share goals for MBE/WBE utilization for all DWSRF construction projects.

 

 

 

MBE/WBE

ATTACHMENT A

 

THE MBE/WBE GOAL HAVING BEEN MET, the following information must be submitted:

 

PUBLIC WATER SYSTEM:                                                       STATE:                   

 

SRF PROJECT NO.:                                            CONTRACT NO.:                                    

 

1.  Total dollar amount of the contract:                                      $                                 

2.  Total dollar amount of the MBE participation:                                   $                                 

3.  Percentage of MBE participation:                                                     %                                

4.  Total dollar amount of WBE participation:                            $                                 

5.  Percentage of WBE participation:                                                     %                                

6.  List of MBE/WBE subcontractors (fill out for each of MBE/WBE used):

 

List of MBE/WBE firms to be used.

 

Company Name

Contact Person

Phone Number

Type of Work

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This attachment must be signed by an authorized representative of the bidder.

 

Signature                                                                                     Date                                     

Name:                                                                                     

Title:                                                                                        

Address:                                                                                  

Phone:                                                                         

 

 


MBE/WBE

ATTACHMENT B

(page 1 of 2)

 

THE MBE/WBE GOAL NOT HAVING BEEN MET, the following information must be submitted:

 

PUBLIC WATER SYSTEM:                                                       STATE:                   

 

SRF PROJECT NO.:                                            CONTRACT NO.:                                    

 

A.        MBE/WBE Participation:

 

1.  Total dollar amount of the contract:                                      $                                 

2.  Total dollar amount of the MBE participation:                                   $                                 

3.  Percentage of MBE participation:                                                     %                                

4.  Total dollar amount of WBE participation:                            $                                 

5.  Percentage of WBE participation:                                                     %                                

 

B.         MBE/WBE Solicitation:

            List each minority and women-owned firm (whether or not on the Loanee's Project List) to which a letter of solicitation was sent.  It is suggested that correspondence be sent by certified or registered mail since the burden or proof of positive efforts to utilize MBE/WBE firms rests with the bidder.

 

A copy of each solicitation letter MUST be attached.

 

Minority Owned Firm Contacted

Women Owned Firm Contacted

1.

1.

2.

2.

3.

3.

4.

4.

5

5.

6.

6.

7.

7.

8.

8

9.

9.

10.

10.


MBE/WBE

ATTACHMENT B

(page 2 of 2)

 

C.        List all MBE/WBE firms to be used:

                       

Company Name

Contact Person

Phone Number

Type of Work

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                               

D.        List all MBE/WBE firms from which a bid or quotation was received which is not listed in Section C above and the reason the firm was not selected:

 

List of MBE/WBE firms not to be used:

Company Name

Contact Person

Phone Number

Type of Work

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This attachment must be signed by an authorized representative of the bidder.

 

                                                                                                                    

Signature                                                                                     Date                                     

Name:                                                                                     

Title:                                                                                        

Address:                                                                                  

Phone:                                                                         


ATTACHMENT C

UTILIZATION OF WBE/MBE FIRMS

 

THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH REIMBURSEMENT REQUESTS THAT INCLUDE INVOICED AMOUNTS FROM A QUALIFYING WBE OR MBE PARTICIPANT:

 

PUBLIC WATER SYSTEM:                                                       

 

SRF PROJECT NO.:                                            CONTRACT NO.:                                    

 

The accompanying Reimbursement Request includes the following WBE/MBE participation:                 

WBE/MBE firm to be paid

WBE

MBE

Amount to be paid this request

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                   

Payment Request No.               Period covered by the request                                     

 

This attachment must be signed by an authorized representative of the contractor.

                                                              

Signature                                                                                     Date                                     

Name:                                                                                     

Title:                                                                                        

Address:                                                                                  

Phone:                                                                         

 


Notice to Labor Union or Other Organization of Workers

 

Nondiscrimination in Employment

 

 

To: _____________________________________________________

                        (Name of Union or organization of workers)

 

The undersigned currently holds contract(s) with ____________________________________

                                                                                                (Name of Applicant)

involving funds or credit of the U.S. Government of (a) subcontract(s) with a prime CONTRACTOR holding such contract(s).

 

You are advised that under the provisions of the above contact(s) or subcontract(s) and in accordance with Executive Order 11246, dates September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin.  This obligation not to discriminate in employment includes, but is not limited to the following:

 

HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION

 

RECRUITMENT, ADVERTISING, OR SOLICITATION FOR

 

EMPLOYMENT TRAINING DURING EMPLOYMENT, RATES OF

 

PAY OR OTHER FORMS OF COMPENSATION, SELECTION FOR TRAINING

 

INCLUDING APPRENTICESHIP, LAYOFF, OR TERMINATION.

 

This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontract(s) and Executive Order 11246.

 

COPIES OF THIS NOTICE WILL BE POSTED BY THE UNDERSIGNED IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES OR APPLICANT FOR EMPLOYMENT.

 

 

                                                                                    ____________________________________

 

                                                                                    ____________________________________

 

                                                                                    ____________________________________

 

                                                                                    /s/__________________________________

                                                                                                (Contractor or Subcontractor)

 

                                                                                    ____________________________________

                                                                                                            (Date)