Combined Construction Inc. 7/22/2020

1 1 Procedures between Award and Execution 2 After Award and prior to Execution, the Contractor shall provide the additional 3 information described below. Failure to comply shall result in the forfeiture of the 4 Bidder's Proposal bond or deposit. 5 I 6 7 1. A list of all firms who submitted a bid or quote in attempt to participate in this project whether they were successful or not. Include the business 8 name and mailing address. I 9 10 Note: The firms identified by the Contractor may be contacted by the 11 Contracting Agency to solicit general information as follows: age of the 12 firm and average of its gross annual receipts over the past three years. I13 14 Procedures after Execution 15 Commercially Useful Function (CUF) 16 The Contractor may only take credit for the payments made for Work performed 17 by a DBE that is determined to be performing a CUF. Payment must be 18 commensurate with the work actually performed by the DBE. This applies to all I 19 20 DBEs performing Work on a project, whether or not the DBEs are COA, if the Contractor wants to receive credit for their participation. The Engineer will 21 conduct CUF reviews to ascertain whether DBEs are performing a CUF.A DBE I 22 23 performs a CUF when it is carrying out its responsibilities of its contract by actually performing, managing, and supervising the Work involved. The DBE 24 must be responsible for negotiating price; determining quality and quantity; 25 ordering the material, installing (where applicable); and paying for the material I 26 itself. If a DBE does not perform "all" of these functions on a furnish-and-install 27 contract, it has not performed a CUF and the cost of materials cannot be counted 28 toward UDBE COA Goal. Leasing of equipment from a leasing company is 29 allowed. However, leasing/purchasing equipment from the Contractor is not 30 allowed. Lease agreements shall be provided prior to the Subcontractor 31 beginning Work. Any use of the Contractor's equipment by a DBE may not be I 32 credited as countable participation. 33 34 The DBE does not perform a CUF if its role is limited to that of an extra 35 participant in a transaction, contract, or project through which the funds are 36 passed in order to obtain the appearance of DBE participation. 37 I 38 In order for a DBE traffic control company to be considered to be performing a 39 CUF, the DBE must be in control of its work inclusive of supervision. The DBE 40 shall employ a Traffic Control Supervisor who is directly involved in the 41 management and supervision of the traffic control employees and services. I 42 43 The following are some of the factors that the Engineer will use in determining 44 whether a DBE trucking company is performing a CUF: I45 46 • The DBE shall be responsible for the management and supervision of 47 the entire trucking operation for which it is responsible on the contract I 48 The owner demonstrates business related knowledge, shows up on 49 site and is determined to be actively running the business. 50 I 51 52 • The DBE itself shall own and operate at least one fully licensed, insured, and operational truck used on the Contract. The drivers of the I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 45 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)