Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 39 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 a breakdown of the bid items and amounts that are counted towards the overall 1 contract goal for any of the DBEs listed on the DBE Utilization Certification. 2 3 Achieving the DBE COA Goal may be accomplished in one of two ways: 4 5 1. By meeting the DBE COA Goal 6 Submission of the DBE Utilization Certification, supporting DBE Written 7 Confirmation Document(s) showing the Bidder has obtained enough DBE 8 participation to meet or exceed the DBE COA Goal, the DBE Bid Item 9 Breakdown and the DBE Trucking Credit Form, if applicable. 10 11 2. By documentation that the Bidder made adequate GFE to meet the DBE 12 COA Goal 13 The Bidder may demonstrate a GFE in whole or part through GFE 14 documentation ONLY IN THE EVENT a Bidder’s efforts to solicit sufficient 15 DBE participation have been unsuccessful. The Bidder must supply GFE 16 documentation in addition to the DBE Utilization Certification, supporting 17 DBE Written Confirmation Document(s), the DBE Bid Item Breakdown form 18 and the DBE Trucking Credit Form, if applicable. 19 20 Note: In the case where a Bidder is awarded the contract based on 21 demonstrating adequate GFE, the advertised DBE COA Goal will not 22 be reduced. The Bidder shall demonstrate a GFE during the life of the 23 Contract to attain the advertised DBE COA Goal. 24 25 GFE documentation, the DBE Bid Item Breakdown form, and the DBE Trucking 26 Credit Form, if applicable, shall be submitted as specified in Section 1 -02.9. 27 28 The Contracting Agency will review the GFE documentation and will determine if the 29 Bidder made an adequate good faith effort. 30 31 Good Faith Effort (GFE) Documentation 32 GFE is evaluated when: 33 34 1. Determining award of a Contract that has COA goal, 35 36 2. When a COA DBE is terminated and substitution is required, and 37 38 3. Prior to Physical Completion when determining whether the Contractor has 39 satisfied its DBE commitments. 40 41 49 CFR Part 26, Appendix A is intended as general guidance and does not, in itself, 42 demonstrate adequate good faith efforts. The following is a list of types of actions, 43 which would be considered as part of the Bidder’s GFE to achieve DBE participation. 44 It is not intended to be a mandatory checklist, nor is it intended to be exclusive or 45 exhaustive. Other factors or types of efforts may be relevant in appropriate cases. 46 47 1. Soliciting through all reasonable and available means (e.g. attendance at 48 pre-bid meetings, advertising and/or written notices) the interest of all 49 certified DBEs who have the capability to perform the Work of the Contract. 50 The Bidder must solicit this interest within sufficient time to allow the DBEs 51 to respond to the solicitation. The Bidder must determine with certainty if 52