Green Tree Extension Project Federal Project Number DEMO

Green Tree Extension Project Federal Project Number DEMO 5 UBL-5380(028) City Project No. BM 021 -064 DBE Overview

Federally Funded Project Ø Ø Ø This is a Federally Funded project. Federal requirements included in Section C Contract award will be recommended to the Lowest Responsive Responsible bidder Responsiveness will be determined by accurate completion and submission of documents included in Section D: Bid Proposal Documents – Submission Certification DBE Goal is 16%

Ø Contractors MUST submit all forms as indicated in Section D: Submission Certification to be considered Responsive Federal Forms included in in this Section Forms included in Section C – Federal Requirements

Crucial DBE Federal Forms (Form Included in Section C) _____ Equal Employment Opportunity Certification _____ Noncollusion Affidavit _____ Debarment and Suspension Certification _____ Nonlobbying Certification _____ Disclosure of Lobbying Activities _____ Exhibit 15 -G Construction Contract DBE Commitment (Must be included with bid) _____ Exhibit 15 -H DBE Information – Good Faith Efforts (Due 3 days after bid opening, by 4 PM) _____ Exhibit 12 -B Bidder’s List of Subcontractor (Due 3 days after bid opening, by 4 PM) _____ Public Contract Code Section 10285. 1 Statement _____ Public Contract Code Section 10162 Questionnaire 3 _____ Public Contract Code 10232 Statement

DBE Certification How to Count Your DBE Participation Please check subcontractor Certification DBE Subcontractor/ Subconsultant -DBE provides a bonafide Service DBE Manufacturer: Materials or supplies obtained from a DBE Manufacturer DBE Supplier: Materials or supplies obtained from a DBE Regular Dealer DBE Brokers receive DBE credit for Fees and commissions if determined to be within industry standard. DBE Truckers: All transportation provided by DBE Trucking Firms can be counted toward the DBE goal DBE must own and operate at least one truck used on the contract DBE leasing trucks from other DBEs – 100% counts toward DBE goal DBE leasing trucks from non-DBE firm without DBE drivers – only fees and commissions counted toward DBE goal Must submit 16 -Z 1 monthly We will look up the DBE certification at: https: //ucp. dot. ca. gov/license. Form. htm To verify DBE participation claimed in 15 -H

DBE Certification – Cont’d Part 2 • Please note that if your sub is certified as a manufacturer and their delivery/haul is not specific to the project needs, then the cost of transport is considered part of the manufacturing cost and they would receive 100% DBE credit as a manufacturer. If the sub is certified as a supplier, they would get 60% DBE credit. Either way, their trucking cost will not be considered as 100% trucking credit. • The City will check DBE certification and will double check claimed DBE participation. • DBE must have a certified valid certification on the day bid are due. .

Crucial DBE Forms Federal requirements included in Section C under paragraph f. Commitment and Utilization, calls for 15 -G to be submitted within 5 days of bid opening. However, the City is requesting 15 -G to be submitted with the bids and 12 -B and 15 -H to be submitted no later than 4 pm, 3 business days after bid opening. Exhibit 15 -G § Contractor must not deviate from the use of the subs listed on 15 -G and their participation must remain constant unless the City reviews the contractor request and deems it in the best interest of the project. Contractor must notify the City if any proposed changes will affect DBE participation throughout the life of the project. § Contractor must submit a signed written confirmation from each proposed DBE acknowledging their proposed scope and value must be attached to the Exhibit 15 G Form. § It is the prime contractor’s responsibility to verify that the DBE firm is certified as DBE at date of bid opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. § Proper calculation of DBE participation percentage must be done in comparison against total Bid Cost (amount) Exhibit 12 B: § Contractor must to submit Exhibit 12 -B: “Bidders List Form” by 4 pm, 3 business days from the bid opening (Changed in Addendum 1). This should list all subs DBE and non-DBE. § Please remember that Federal subletting requirement is 30%. However, this contract has a 50% subletting requirement. Exhibit 15 -H: § If Bidder does not meet the 16% goal then the Bidder is required to complete and submit their good faith efforts by 4 pm, 3 business days from the bid opening (Changed in Addendum 1). However, they could also submit it with their bid. § Good faith efforts must be document in Exhibit 15 -H: “DBE Information. Good Faith Efforts”

Additional DBE Guidance Documents � Please refer to Chapter 9 of the LAPM � Section 9. 5 DBE � Section 9. 7 DBE Participation on the Contract � Section 9. 8 Good Faith Efforts � LAPM link: Chapter 9 can be found at the following https: //dot. ca. gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch 09. pdf

Good Faith Efforts – 49 CFR Part 26 The City will have a DBE consultant evaluate DBE goals and Good Faith Efforts. § If goal is not met Bidder has the burden of proof to show that they took all necessary and reasonable measures to achieve the DBE contract goal. § § City will consider the quality, quantity, and intensity of bidders’ efforts § § Mere pro forma efforts are not GFEs to meet the DBE contract requirements § § The bidder must solicit this interest by allowing the DBEs sufficient time to respond to the solicitation. § Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE contract goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with their own forces. § Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. § It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and suppliers, and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Efforts must be those that could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Soliciting through all reasonable and available means (e. g. , attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs that are capable of performing the work of the contract. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up the initial solicitation to the DBEs.

Good Faith Efforts – Cont’d § Negotiating in good faith with interested DBEs. Evidence of such negotiation includes: names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why agreements could not be reached with the DBEs who were not selected to perform the work. § A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as the DBE contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to meet the DBE contract goal, as long as such costs are reasonable. § Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make GFEs. § Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. § Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor’s standing within its industry, membership in specific groups, organizations, or associations, and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids or proposals in the contractor’s efforts to meet the DBE contract goal. § Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. § Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. § Effectively using the services of available minority or women community organizations; minority or women contractors or consulting groups; local, state, and Federal minority or women business assistance offices; and other organizations as allowed on a case-by case basis to provide assistance in the recruitment and placement of DBEs. § City will take into account the performance of other bidders in meeting the DBE Contract Goal. The City will evaluate GFEs considering the DBE commitments of the 2 nd and 3 rd bidders. For example, when the apparent successful bidder fails to meet the DBE contract goal, but the 2 nd and 3 rd bidders meet it, it may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the DBE participation obtained by the 2 nd and the 3 rd bidders, this along with other supporting factors may be viewed as evidence of the apparent successful bidder having met the burden of proof of GFEs.

Good Faith Efforts – Cont’d Must Watch: if video does not work please use the following link https: //www. fhwa. dot. gov/federal-aidessentials/catmod. cfm? id=85

REMEMBER � Submit 15 -G with Bid � Good Faith Effort needs to be documented on 15 -H and submitted no later than 4 pm on the 3 rd day after bid opening if DBE goal not met. � 12 -B can be submitted no later than 4 pm on the 3 rd day after bid opening. � Pro Forma Good Faith Efforts will not be deemed responsive � Questions are welcomed