Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 38 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 Disadvantaged Business Enterprise Utilization 1 To be eligible for award of the Contract, the Bidder shall properly complete and 2 submit a Disadvantaged Business Enterprise (DBE) Utilization Certification with the 3 Bidder’s sealed Bid Proposal, as specified in Section 1 -02.9 Delivery of Proposal. 4 The Bidder’s DBE Utilization Certification must clearly demonstrate how the Bidder 5 intends to meet the DBE COA Goal. A DBE Utilization Certification (WSDOT Form 6 272-056) is included in the Proposal package for this purpose as well as instructions 7 on how to properly fill out the form. 8 9 The Bidder is advised that the items listed below when listed in the Utilization 10 Certification must have their amounts reduced to the percentages shown and those 11 reduced amounts will be the amount applied towards meeting the DBE COA Goal. 12 13 • Force account at 50% 14 • Regular dealer at 60% 15 16 In the event of arithmetic errors in completing the DBE Utilization Certification, the 17 amount listed to be applied towards the DBE COA Goal for each DBE shall govern 18 and the DBE total amount shall be adjusted accordingly. 19 20 Note: The Contracting Agency shall consider as non -responsive and shall 21 reject any Bid Proposal submitted that does not contain a DBE 22 Utilization Certification Form that accurately demonstrates how the 23 Bidder intends to meet the DBE COA Goal. 24 25 Disadvantaged Business Enterprise Written Confirmation Document(s) 26 The Bidder shall submit an Disadvantaged Business Enterprise (DBE) Written 27 Confirmation Document (completed and signed by the DBE) for each DBE firm listed 28 in the Bidder’s completed DBE Utilization Certification submitted with the Bid. Failure 29 to do so will result in the associated participation being disallowed, which may cause 30 the Bid to be determined to be nonresponsive resulting in Bid rejection. 31 32 The Confirmation Documents provide confirmation from the DBEs that they are 33 participating in the Contract as provided in the Bidder’s Commitment. The 34 Confirmation Documents must be consistent with the Utilization Certification. 35 36 A DBE Written Confirmation Document (WSDOT Form 422 -031) is included in the 37 Proposal package for this purpose. 38 39 The form(s) shall be received as specified in the special provisions for Section 1 -02.9 40 Delivery of Proposal. 41 42 It is prohibited for the Bidder to require a DBE to submit a Written Confirmation 43 Document with any part of the form left blank. Should the Contracting Agency 44 determine that an incomplete Written Confirmation Document was signed by a DBE, 45 the validity of the document comes into question. The associated DBE participation 46 may not receive credit. 47 48 Selection of Successful Bidder/Good Faith Efforts (GFE) 49 The successful Bidder shall be selected on the basis of having submitted the lowest 50 responsive Bid, which demonstrates a good faith effort to achieve the DBE COA 51 Goal. The Contracting Agency, at any time during the selection process, may request 52