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Agenda Packet_2022-12-20
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Agenda Packet_2022-12-20
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12/20/2022
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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) <br />SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE <br />EXHIBIT D <br />FEDERAL -AID CONTRACT PROVISIONS <br />1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) <br />The CONTRACTOR, subrecipient or subcontractor shall take necessary and reasonable steps to ensure <br />that DBEs have opportunity to participate in the contract (49CFR26). To ensure equal participation of <br />DBEs provided in 49CFR26.5, the CITY shows a Contract goal for DBEs. The CONTRACTOR shall <br />make work available to DBEs and select work parts consistent with available DBE subcontractors and <br />suppliers. <br />The CONTRACTOR shall meet the DBE goal shown in the Instruction to Bidders or demonstrate that <br />you made adequate good faith efforts to meet this goal. <br />It is the CONTRACTOR's responsibility to verify that at date of bid opening the DBE firm is certified <br />as a DBE by using the California Unified Certification Program (CUCP) database and possesses the <br />most specific available North American Industry Classification System (NAICS) codes and work code <br />applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor <br />is responsible to document the verification record by printing out the California Unified Certification <br />Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at: <br />https://dot.ca.gov/programs/civil-rights/dbe-search. <br />All DBE participation will count toward the California Department of Transportation's federally <br />mandated statewide overall DBE goal. <br />Credit for materials or supplies the CONTRACTOR purchases from DBEs counts towards the goal in <br />the following manner: <br />100 percent counts if the materials or supplies are obtained from a DBE manufacturer. <br />60 percent counts if the materials or supplies are obtained from a DBE regular dealer. <br />• Only fees, commissions, and charges for assistance in the procurement and delivery of <br />materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular <br />dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." <br />The CONTRACTOR receives credit towards the goal if they employ a DBE trucking company that <br />performs a commercially useful function as defined in 49CFR26.55(d)(1) as follows: <br />• The DBE must be responsible for the management and supervision of the entire trucking <br />operation for which it is responsible on a particular contract, and there cannot be a contrived <br />arrangement for the purpose of meeting DBE goals. <br />• The DBE must itself own and operate at least one fully licensed, insured, and operational <br />truck used on the Contract. <br />• The DBE receives credit for the total value of the transportation services it provides on the <br />Contract using trucks it owns, insures, and operates using drivers it employs. <br />• The DBE may lease trucks from another DBE firm, including an owner -operator who is <br />certified as a DBE. The DBE who leases trucks from another DBE receives credit for the <br />total value of the transportation services the lessee DBE provides on the Contract. <br />City Council 18 — 56 12/20/2022 <br />
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