McCann Construction Enterprises Inc 11/7/2018

I 111 1 counted toward UDBE COA Goal. Leasing of equipment from a leasing 2 company is allowed. However, leasing/purchasing equipment from the I 3 Contractor is not allowed. Lease agreements shall be readily available for 4 review by the Engineer. 5 6 In order for a DBE traffic control company to be considered to be performing a 1 7 CUF, the DBE must be in control of its work inclusive of supervision. The DBE 8 shall employ a Traffic Control Supervisor who is directly involved in the 9 management and supervision of the traffic control employees and services. I 10 11 The DBE does not perform a CUF if its role is limited to that of an extra 12 participant in a transaction, contract, or project through which the funds are 13 passed in order to obtain the appearance of DBE participation. 14 15 The following are some of the factors that the Engineer will use in determining I 16 whether a DBE trucking company is performing a CUF: 17 18 • The DBE shall be responsible for the management and supervision of 19 the entire trucking operation for which it is responsible on the Contract. 20 The owner demonstrates business related knowledge, shows up on 21 site and is determined to be actively running the business. 22 23 • DBE shall with its own workforce, operate at least one fully 24 licensed, insured, and operational truck used on the Contract. The 25 drivers of the trucks owned and leased by the DBE must be exclusively I 26 employed by the DBE and reflected on the DBE's payroll. 27 28 • Lease agreements for trucks shall indicate that the DBE has exclusive 29 use of and control over the truck(s). This does not preclude the leased 30 truck from working for others provided it is with the consent of the DBE 31 and the lease provides the DBE absolute priority for use of the leased I 32 truck. 33 34 • Leased trucks shall display the name and identification number of the I 35 DBE. 36 37 Joint Checking 38 A joint check is a check between a Subcontractor and the Contractor to the I 39 supplier of materials/supplies. The check is issued by the Contractor as payer 40 to the Subcontractor and the material supplier jointly for items to be incorporated 41 into the project. The DBE must release the check to the supplier, while the 42 Contractor acts solely as the guarantor. 43 44 A joint check agreement must be approved by the Engineer and requested by I 45 the DBE involved using the DBE Joint Check Request Form (form # 272-053) 46 prior to its use. The form must accompany the DBE Joint Check Agreement 47 between the parties involved, including the conditions of the arrangement and I 48 expected use of the joint checks. 49 50 The approval to use joint checks and the use will be closely monitored by the I51 Engineer. To receive DBE credit for performing a CUF with respect to obtaining I N. BROADWAY TRANSIT IMPROVEMENT PROJECT STATE FUND#GCB2316; COE WO#3644 43 August 8, 2018