Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 42 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 Procedures between Award and Execution 1 After Award and prior to Execution, the Contractor shall provide the additional 2 information described below. Failure to comply shall result in the forfeiture of the 3 Bidder’s Proposal bond or deposit. 4 5 1. A list of all firms who submitted a bid or quote in attempt to participate in 6 this project whether they were successful or not. Include the business 7 name and mailing address. 8 9 Note: The firms identified by the Contractor may be contacted by the 10 Contracting Agency to solicit general information as follows: age of the 11 firm and average of its gross annual receipts over the past three years. 12 13 Procedures after Execution 14 Commercially Useful Function (CUF) 15 The Contractor may only take credit for the payments made for Work performed 16 by a DBE that is determined to be performing a CUF. Payment must be 17 commensurate with the work actually performed by the DBE. This applies to all 18 DBEs performing Work on a project, whether or not the DBEs are COA, if the 19 Contractor wants to receive credit for their participation. The Engineer will 20 conduct CUF reviews to ascertain whether DBEs are performing a CUF. A DBE 21 performs a CUF when it is carrying out its responsibilities of its contract by 22 actually performing, managing, and supervising the Work involved. The DBE 23 must be responsible for negotiating price; determining quality and quantity; 24 ordering the material, installing (where applicable); and paying for the material 25 itself. If a DBE does not perform “all” of these functions on a furnish -and-install 26 contract, it has not performed a CUF and the cost of materials cannot be counted 27 toward DBE COA Goal. Leasing of equipment from a leasing company is 28 allowed. However, leasing/purchasing equipment from the Contractor is not 29 allowed. Lease agreements shall be provided prior to the Subcontractor 30 beginning Work. Any use of the Contractor’s equipment by a DBE may not be 31 credited as countable participation. 32 33 The DBE does not perform a CUF if its role is limited to that of an extra 34 participant in a transaction, contract, or project through which the funds are 35 passed in order to obtain the appearance of DBE participation. 36 37 In order for a DBE traffic control company to be considered to be performing a 38 CUF, the DBE must be in control of its work inclusive of supervision. The DBE 39 shall employ a Traffic Control Supervisor who is directly involved in the 40 management and supervision of the traffic control employees and services. 41 42 The following are some of the factors that the Engineer will use in determining 43 whether a DBE trucking company is performing a CUF: 44 45 • The DBE shall be responsible for the management and supervision of 46 the entire trucking operation for which it is responsible on the contract. 47 The owner demonstrates business related knowledge, shows up on 48 site and is determined to be actively running the business. 49 50 • The DBE itself shall own and operate at least one fully licensed, 51 insured, and operational truck used on the Contract. The drivers of the 52