ORD-2011-027 Central Efland - Northern Buckhorn Sewer Extensions – Funding (Including Budget Amendment #1-A) Bid Award and Construction

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12 GENERAL CONiPUANCE,.Aa CFI; Part 33 The recipient agrees to comply with the requirements of EPA's f?rogram for UMzal m-W Small, Minority and Women's BUSkws Enterprises In procurement under assfstanmagreemente. cortaihed in 40 CPR, Part 33. FAIR SHARE 0SJECTiVESy 40 CF% Part 33, Subpart D A nedpfent must negotfats ith the appropriate EPA award official, or his/her designee, air share ob*Wes Ibr- MBE and .WSE (Mi3E ANSE) parbeipedon-In procurement under the financial assistance agreements. P=gAfng fly Fair Share ObjeciEved0loafs of Another Recipient The dollar amount of this assistance agreerna t is $250,000, or more; or the total dollar amount of-all of the recipimtrs not TAG assistance agreements from EPA in to current fiscal year is f260,000, or more. The roc iplent accepts the applicable MI3eWBE iafrshara obleotfveslgoafs negotiated wish EPA bythe State of North Carolina, "- follaws: We CONS TtUCTION 8.0%; SUPPLIES 7.0%, SERVICES 7.0%; EQUIPMENT 7.0% WBE: CONS'T'RUCTION 6.0 %; SUPPLIES 9.0%; SERVICES 9-0 %L EQUIPMENT 9.0% iiyAnkv this- fltanclaf assistance agreement the.recipfent is aoceptingthe Wr Shareabjecfivees/goels sfated.abaaaand attests %oche fact theft it is purchasing thesama Gr similar construction, supplies, services and Wopment, in the same or skttltar relevant _geographic buying market as the State of North Carolkua_ Negotiatlwg°Ea[rSharae Ob jectl%%WQoaIs j49 CFR,-Swdotr33404 The reolplent has the option to negotiste its own MBF.JWBE fair share objeciivesr'- oats, if the reatplent wishes to negotiate Its own'MBFJWBE fair share objeotives/goals, theTecipientagrees to submit proposed WWWBE - objeetivesilgoats based on-an avaliablilly analysis, or dfsparilyzhWy..of quellfted MBEs and WSEz to -their relevant geographic buying marhetforconshrxtlott, services, supplies and equlpmenL The submission ofixoposed fair sham goals WE the supporting analysis or-disparity study meamftt *9 recolentfs notsooepong the fair share obywilves/goals of anoth or reciplent The recfpldnt agrees to submit proposed fair share obiecftveslgaais, trogetlter with the supporting It"24blitty analysis or disparity skX44 -to the Regional MBIJWRE CooudirmUor within 120 days djts-accapiancg of the financfa[ assistants award. EPA will rosAond to the proposed fair shale objectivWgoafs within So days of receiving the submission. If proposed fair share oI*cttvWgoab are not received within• the 120 day time frame, the rutcipfent may not expend its EPA funds for ptcctrremenis udll the proposed fah share obi -*Wgoais are su bmill ed. SIX 6001) FAITH EFFORTS, 40 CFR, Fart 33, Subpart C Pursuant to 40 CFA, Section 3330 #, floe recipient agrees to make the following good faith efforts whenever procuring construction, equipment services and supplies under an EPA financial assistance agreement and to require Oral sub -rac4 f ft, loan recipients, and prime contractors also oompiy. Ascends documenting compliance with the six good faith efforts sW be retained: (a) Require DBEa are roads canner® of contracting opportunlifes to the fullest extent practicable through outreach and recnrifinentaoNvitfes. For Indian TrRW, Slate and Local and Govemment reaVents, this will Include placingmEs on soltotteOm lists and solleftingthertrwheneverlheyare potential sources. (b) Make information an fortltcoming oppor[nanitles available to DBEs and arrange time frames for contracts and estabM delivery schedules, where the requirements permit. in a way that encourages and factiftates partidpetton by -DBEs In the competiflve process. 'finis includes, whermverpossible, posting sollcitaiions for bids or- proposals fora minimum of 30 calendar days before the bid or proposed closing date. (o) Consider in the corntmo tg prooess whether firms competing for•lene contracts oouki subowftot with DBEs. For Indian Tribal, Stets and local Government recipients. this will indude 4&MdI lg total requirements when sc onornbaffy feasible Into smaller tasks or quantities to permit maximum partidpatfon by DBEs In the compe fte process. (d) Encourage contracting with a consortium of DBEs when a oontraot Is too large for one of these firms to handle Iadtvidually. (e) Use the son 4ws and assistance of the SBA and the Mlnorfty Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime oontrac for to take the steps in paragraphs (a) through (e) of this section. Ai W W13E REPORTING, 40 CFR, Part 33, Sections 33,502 and 93.503 The recipient agrees to complete and submit EPA Force 5700- WA.'MSE/WBE Utilization Under f=ederal Grants, Cooperative Agreements and interagency Agreements* eementts* beginning With the FedeW fiscal year reporting period tfte recipient receives the aw;W, and Continuing lentil the prof ect Is completed. Only procurements with certiffed MBE/Wt3Es are counted toward a reciplenre MoeAME sc:complishm ants.