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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP32 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />Submission of the DBE Utilization Certification, supporting DBE Written 1 <br />Confirmation Document(s) showing the Bidder has obtained enough DBE 2 <br />participation to meet or exceed the DBE COA Goal and the DBE Bid Item 3 <br />Breakdown 4 <br /> 5 <br />2. By documentation that the Bidder made adequate GFE to meet the DBE 6 <br />COA Goal 7 <br />The Bidder may demonstrate a GFE in whole or part through GFE 8 <br />Documentation only in the event a Bidder’s efforts to solicit sufficient DBE 9 <br />participation have been unsuccessful. The Bidder must supply GFE 10 <br />Documentation in addition to the DBE Utilization Certification, supporting 11 <br />DBE Written Confirmation Document(s) and the DBE Bid Item Breakdown 12 <br />form. 13 <br /> 14 <br />In the case where a Bidder is awarded the contract based on demonstrating 15 <br />adequate GFE Documentation, the advertised DBE COA Goal will not be reduced. 16 <br />The Bidder shall demonstrate a GFE during the life of the Contract to attain the 17 <br />advertised DBE COA Goal. 18 <br /> 19 <br />The Contracting Agency will review the GFE Documentation and will determine if the 20 <br />Bidder made an adequate good faith effort. 21 <br /> 22 <br />Procedures between Award and Execution 23 <br />DBE Trucking Credit Form 24 <br />The successful Bidder shall submit a DBE Trucking Credit Form (WSDOT Form 272-25 <br />058), as specified in the Special Provisions for Section 1-03.3, Execution of Contract. 26 <br /> 27 <br />The DBE Trucking Credit Form is required for all DBE Firms performing as a 28 <br />subcontractor for “Trucking” or “Hauling” and are performing a part of a bid item. For 29 <br />example, if the item of Work is Structure Excavation including Haul, and another firm 30 <br />is doing the excavation and the DBE Trucking firm is doing the haul, the form is 31 <br />required. For a DBE subcontractor that is responsible for an entire item of work that 32 <br />may require some use of trucks, the form is not required. 33 <br /> 34 <br />Procedures after Execution 35 <br />Commercially Useful Function (CUF) 36 <br />The Contractor may only take credit for the payments made for Work performed by 37 <br />a DBE that is determined to be performing a CUF. Payment must be commensurate 38 <br />with the work actually performed by the DBE. This applies to all DBEs performing 39 <br />Work on a project, whether or not the DBEs are COA, if the Contractor wants to 40 <br />receive credit for their participation. The Engineer will conduct CUF reviews to 41 <br />ascertain whether DBEs are performing a CUF. A DBE performs a CUF when it is 42 <br />carrying out its responsibilities of its contract by actually performing, managing, and 43 <br />supervising the Work involved. The DBE must be responsible for negotiating price; 44 <br />determining quality and quantity; ordering the material, installing (where applicable); 45 <br />and paying for the material itself. If a DBE does not perform “all” of these functions 46 <br />on a furnish-and-install contract, it has not performed a CUF and the cost of materials 47 <br />cannot be counted toward DBE COA Goal. Leasing of equipment from a leasing 48 <br />company is allowed. However, leasing/purchasing equipment from the Contractor is 49 <br />not allowed. Lease agreements shall be provided prior to the subcontractor 50 <br />beginning Work. Any use of the Contractor’s equipment by a DBE will not be credited 51 <br />as countable participation. 52