Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 36 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 1 1. If a DBE subcontracts a portion of the Work of its contract to another firm, 2 the value of the subcontracted Work may be counted toward the DBE 3 COA Goal only if the Lower-Tier Subcontractor is also a DBE. 4 5 2. Work subcontracted to a Lower-Tier Subcontractor that is a DBE, may 6 be counted toward the DBE COA Goal. 7 8 3. Work subcontracted to a non-DBE does not count towards the DBE COA 9 Goal. 10 11 DBE Subcontract and Lower Tier Subcontract Documents 12 There must be a subcontract agreement that complies with 49 CFR Part 26 and 13 fully describes the distinct elements of Work committed to be performed by the 14 DBE. 15 16 DBE Service Provider 17 The value of fees or commissions charged by a DBE firm behaving in a manner 18 of a Broker, or another service provider for providing a bona fide service, such 19 as professional, technical, consultant, managerial services, or for providing 20 bonds or insurance specifically required for the performance of the contract will 21 only be credited as DBE participation, if the fee/commission is determined by 22 the Contracting Agency to be reasonable and the firm has performed a CUF. 23 24 Force Account Work 25 When the Bidder elects to utilize force account Work to meet the DBE COA Goal, 26 as demonstrated by listing this force account Work on the DBE Utilization 27 Certification Form, for the purposes of meeting the DBE COA Goal, only 50% of 28 the Proposal amount shall be credited toward the Bidder’s Commitment to meet 29 the DBE COA Goal. 30 31 One hundred percent of the actual amounts paid to the DBE for the force 32 account Work shall be credited towards the DBE COA Goal or DBE participation. 33 34 Temporary Traffic Control 35 If the DBE firm only provides “Flagging”, the DBE firm must provide a Traffic 36 Control Supervisor (TCS) and flagger, which are under the direct control of the 37 DBE. The DBE firm shall also provide all flagging equipment for it’s employees 38 (e.g. paddles, hard hats, and vests). 39 40 If the DBE firm provides “Traffic Control Services”, the DBE firm must provide a 41 TCS, flaggers, and traffic control items (e.g., cones, barrels, signs, etc.) and be 42 in total control of all items in implementing the traffic control for the project. 43 44 Trucking 45 DBE trucking firm participation may only be credited as DBE participation for the 46 value of the hauling services, not for the materials being hauled unless the 47 trucking firm is also certified as a supplier of those materials. In situations where 48 the DBE’s work is priced per ton, the value of the hauling service must be 49 calculated separately from the value of the materials in order to determine DBE 50 credit for hauling 51 52