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1 <br /> 1 DBE Prime Contractor I <br /> 2 Only take credit for that portion of the total dollar value of the Contract equal to <br /> 3 the distinct, clearly defined portion of the Work that the DBE Prime Contractor <br /> 4 performs with its own forces and is certified to perform. <br /> 5 <br /> 6 DBE Subcontractor <br /> 7 Only take credit for that portion of the total dollar value of the subcontract equal <br /> 8 to the distinct, clearly defined portion of the Work that the DBE performs with its <br /> 9 own forces. The value of work performed by the DBE includes the cost of <br /> 10 supplies and materials purchased by the DBE and equipment leased by the <br /> I <br /> 11 DBE, for its work on the contract. Supplies, materials or equipment obtained by <br /> 12 a DBE that are not utilized or incorporated in the contract work by the DBE will <br /> 13 not be eligible for DBE credit. I <br /> 14 <br /> 15 The supplies, materials, and equipment purchased or leased from the <br /> 16 Contractor or its affiliate, including any Contractor's resources available to DBE <br /> 17 subcontractors at no cost, shall not be credited. <br /> 18 <br /> 19 DBE credit will not be given in instances where the equipment lease includes <br /> 20 the operator. The DBE is expected to operate the equipment used in the <br /> 21 performance of its work under the contract with its own forces. Situations where <br /> 22 equipment is leased and used by the DBE, but payment is deducted from the <br /> 23 Contractor's payment to the DBE is not allowed. <br /> I <br /> 24 <br /> 25 If a DBE subcontracts a portion of the Work of its contract to another firm, the <br /> 26 value of the subcontracted Work may be credited only if the DBE's Lower-Tier <br /> 27 Subcontractor is also a DBE. Work subcontracted to a non-DBE shall not be <br /> 28 credited. <br /> 29 <br /> 30 Count expenditures toward race/gender-neutral participation only if the DBE is <br /> 31 performing a CUF on the contract. <br /> 32 <br /> 33 DBE Subcontract and Lower Tier Subcontract Documents <br /> 34 There must be a subcontract agreement that complies with 49 CFR Part 26 and <br /> 35 fully describes the distinct elements of Work committed to be performed by the <br /> 36 DBE. The subcontract agreement shall incorporate requirements of the primary <br /> 37 Contract. Subcontract agreements of all tiers, including lease agreements shall <br /> 38 be readily available at the project site for the Engineer review. <br /> 39 I <br /> 40 DBE Service Provider <br /> 41 The value of fees or commissions charged by a DBE Broker, a DBE behaving <br /> 42 in a manner of a Broker, or another service provider for providing a bona fide <br /> 43 service, such as professional, technical, consultant, managerial services, or for <br /> 44 providing bonds or insurance specifically required for the performance of the <br /> 45 contract will only be credited as DBE participation, if the fee/commission is <br /> 46 determined by the Contracting Agency to be reasonable and the firm has <br /> 47 performed a CUF. <br /> 48 <br /> 111 <br /> 49 Temporary Traffic Control <br /> 50 If the DBE firm is being utilized in the capacity of only "Flagging", the DBE firm <br /> 51 must provide a Traffic Control Supervisor (TCS) and flagger, which are under <br /> N. BROADWAY TRANSIT IMPROVEMENT PROJECT <br /> STATE FUND#GCB2316; COE WO#3644 40 August 8, 2018 <br />