ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) 2 - 2017

Home Browse Search

COOPERATIVE AGREEMENT NO. C-6-1516 EXHIBIT D Upon completion of the contract, the "Disadvantaged Business Enterprises (DBE) Certification Status Change" must be signed and certified correct by the Consultant indicating the DBEs' existing certification status. If there are no changes, please indicate "No Changes". The certified form must be furnished to the Authority within ninety (90) days from the date of contract acceptance. V. DBE Eligibility and Commercially Useful Function Standards A DBE must be certified at the time of Proposal submission: 1. A certified DBE must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations promulgated pursuant thereto. 2. A DBE may participate as a Prime Consultant, Subconsultant, joint venture partner with a Prime or Subconsultant, vendor of material or supplies, or as a trucking company. 3. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. 4. At time of proposal submission, DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: A. The CUCP web site, which can be accessed at http://www.californiauco.com; or the Caltrans "Civil Rights" web site at http://www.dot.ca.gov/hq/bep. 5. A DBE must perform a commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function. Vii. DBE Creditinq Provisions 1. When a DBE is proposed to participate in the contract, either as a Prime Consultant or Subconsultant, at any tier, only the value of the work proposed to be performed by the DBE with its own forces may be counted towards DBE participation. If the Consultant is a DBE joint venture participant, only the DBE proportionate interest in the joint venture must be counted. 2. If a DBE intends to subcontract part of the work of its subcontract to a lower -tier Subconsultant, the value of the subcontracted work may be counted toward DBE participation only if the Subconsultant is a certified DISE and actually performs the work with their own forces. Services subcontracted to a Non -DBE firm may not be credited toward the Prime Consultant's DBE attainment. Exhibit D Page 10