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ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) - 2011
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ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) - 2011
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Last modified
3/23/2017 9:50:23 AM
Creation date
4/26/2012 4:31:45 PM
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Contracts
Company Name
ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA)
Contract #
A-2011-255
Agency
PUBLIC WORKS
Council Approval Date
11/28/2011
Expiration Date
10/31/2014
Destruction Year
2019
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AGREEMENT NO. C-1-3099 <br />EXHIBIT B <br />until completion of the contract to facilitate reporting of race-neutral DBE participation, <br />following the first month of contract activity. CITY shall report the total dollar value paid to <br />DBEs for the applicable reporting period. CITY shall also report the DBE's scope of work and <br />the total subcontract value of commitment for each DBE reported. CITY is advised not to <br />report the participation of DBEs toward CITY's race-neutral DBE attainment until the amount <br />being counted has been paid to the DBE. Upon completion of the contract, CITY will be <br />required to prepare and submit to the Authority a "Race-Neutral DBE Subcontractors Paid <br />Report Summary and Payment Verification" (Form 103) clearly marked "Final" to facilitate <br />reporting and capturing actual DBE race-neutral attainments. CITY shall complete and submit <br />a Final Form 103 whether or not DBEs were utilized in the performance of the contract. <br />F. DBE Eligibility and Commercially Useful Function Standards: A DBE must be a <br />small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and <br />relevant regulations promulgated pursuant thereto. A DBE may participate as a prime contractor, <br />subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, <br />or as a trucking company. A DBE joint venture partner must be responsible for specific contract <br />items of work, or clearly defined portions thereof. Responsibility means actually performing, <br />managing and supervising the work with its own forces. The DBE joint venture partner must <br />share in the capital contribution, control, management, risks and profits of the joint venture <br />commensurate with its ownership interest. A DBE must perform a commercially useful function in <br />accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element <br />of the work and must carry out its responsibility by actually performing, managing and <br />supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its <br />contract with its own workforce to presume it is performing a commercially useful function. DBEs <br />must be certified by the California Unified Certification Program (CUCP). Listings of DBEs <br />certified by the CUCP are available from the following sources: The CUCP web site, which can <br />be accessed at http://www.californiaucp.com; or the Caltrans "Civil Rights" web site at <br />http://www.dot.ca.gov/hq/bep. The CUCP DBE Directory, which may be obtained from the <br />Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 <br />Royal Oaks Drive, Sacramento, California 95815; Telephone: (916) 445-3520. <br />G. DBE Crediting Provisions: When a DBE is proposed to participate in the contract, <br />either as a prime CITY or Subcontractor, only the value of the work proposed to be performed by <br />the DBE with its own forces may be counted towards race-neutral DBE participation. If CITY is a <br />DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be <br />counted. If a DBE intends to subcontract part of the work of its subcontract to a lower tier <br />Subcontractor, the value of the subcontracted work may be counted toward race-neutral DBE <br />participation only if the DBE Subcontractor is a certified DBE and actually performs the work with <br />their own forces. Services subcontracted to a non-DBE firm may not be credited toward the <br />prime Contractor's race-neutral DBE attainment. CITY is to calculate and credit participation by <br />eligible DBE vendors of equipment, materials, and suppliers toward race-neutral DBE attainment, <br />as follows: Sixty percent (60%) of expenditure(s) for equipment, materials and supplies required <br />under the Contract, obtained from a regular dealer; or One hundred percent (100%) of <br />expenditure(s) for equipment, materials and supplies required under the Contract, obtained from <br />a DBE manufacturer. The following types of fees or commissions paid to DBE Subcontractors, <br />Brokers, and Packagers may be credited toward the prime CITY's race-neutral DBE attainment, <br />provided that the fee or commission is reasonable, and not excessive, as compared with fees or <br />commissions customarily allowed for similar work, including: Fees and commissions charged for <br />providing bona fide professional or technical services, or procurement of essential personnel, <br />facilities, equipment, materials, or supplies required in the performance of the Contract; Fees <br />charged for delivery of material and supplies (excluding the cost of materials or supplies <br />themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, <br />Orange County Transportation Authority 6 <br />Revised: 0511012010
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