Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 35 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 DBE Commitment – The scope of work and dollar amount the Bidder indicates 1 they will be subcontracting to be applied towards the DBE Condition of Award 2 Goal as shown on the DBE Utilization Certification Form for each DBE 3 Subcontractor. This DBE Commitment amount will be incorporated into the 4 Contract and shall be considered a Contract requirement. The Contractor shall 5 utilize the COA DBEs to perform the work and supply the materials for which 6 they are committed. Any changes to the DBE Commitment require the 7 Engineer’s prior written approval. 8 9 DBE Condition of Award (COA) Goal – An assigned numerical amount 10 specified as a percentage of the Contract. Initially, this is the minimum amount 11 that the Bidder must commit to by submission of the Utilization Certification Form 12 and/or by Good Faith Effort (GFE). 13 14 DBE COA Goal 15 The Contracting Agency has established a DBE COA Goal for this Contract in the 16 amount of: *** 12% *** 17 18 Crediting DBE Participation 19 Subcontractors proposed as COA must be certified prior to the due date for bids on 20 the Contract. All non-COA DBE Subcontractors shall be certified before the 21 subcontract on which they are participating is executed. 22 23 DBE participation is only credited upon payment to the DBE. 24 25 The following are some definitions of what may be counted as DBE participation. 26 27 DBE Prime Contractor 28 Only take credit for that portion of the total dollar value of the Contract equal to 29 the distinct, clearly defined portion of the Work that the DBE Prime Contractor 30 performs with its own forces and is certified to perform. 31 32 DBE Subcontractor 33 Only take credit for that portion of the total dollar value of the subcontract that is 34 equal to the distinct, clearly defined portion of the Work that the DBE performs 35 with its own forces and is certified to perform. The value of work performed by 36 the DBE includes the cost of supplies and materials purchased by the DBE and 37 equipment leased by the DBE, for its work on the contract. Supplies, materials 38 or equipment obtained by a DBE that are not utilized or incorporated in the 39 contract work by the DBE will not be eligible for DBE credit. 40 41 The supplies, materials, and equipment purchased or leased from the 42 Contractor or its affiliate, including any Contractor’s resources available to DBE 43 subcontractors at no cost, shall not be credited. 44 45 DBE credit will not be given in instances where the equipment lease includes 46 the operator. The DBE is expected to operate the equipment used in the 47 performance of its work under the contract with its own forces. Situations where 48 equipment is leased and used by the DBE, but payment is deducted from the 49 Contractor’s payment to the DBE is not allowed. 50 51 When the subcontractor is part of a DBE Commitment, the following apply: 52