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2003 SPECIFICATIONS

SECTION 107

a non-DBE Subcontractor, the amount of the work performed by the non-DBE will not be credited toward a DBE goal on the project. 4. A joint checking arrangement may be utilized but must be contained either in the subcontract, or in a separate written agreement approved by the Resident Engineer. In either type of arrangement, the subcontract or the written agreement must be approved prior to the supplies being incorporated into the work. If a separate written agreement is approved by the Resident Engineer, the original should be sent to the Construction Office to be placed in the subcontract file and a copy maintained in the Resident Engineer’s project file. 5. The Department may permanently withhold payment on items of work committed or subcontracted to a DBE Subcontractor in the event that they are not performing a commercially useful function or the Prime Contractor performs any portion of the work without prior written approval. 6. Figure 107-18 is the DBE Field Check List that may be used to monitor the DBE program at the project level. The Resident Engineer should be familiar with it since it provides a good review of current procedures. (f) Trucking. Subsection 103.08(f)(4) of the Standard Specifications sets forth the factors used in determining whether a DBE trucking firm or owner-operator is performing a commercially useful function. Some areas of interest to the Resident Engineer for monitoring include, but are not limited to: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for the items on its subcontract or purchase order, including schedulingand providing a sufficient number of trucks to accomplish the haul. 2. A DBE trucking firm or owner-operator must own and operate at least one truck that is

used in hauling operations on the project when work is in progress.

3. The trucks

DBE receives credit for it owns, insures, and

the total value of transportation services it provides

operates

using

drivers

it

employs.

Long-term

using lease

arrangements (12 months or greater) are an acceptable form of “ownership”. 4. If a DBE leases trucks from a non-DBE trucking firm or owner-operator, credit given only for the fee or commission received as a result of the lease arrangement. 5. Copies of long-term lease agreements for trucks or lease agreements by which

will be

a DBE

is utilizing trucks from independent approved by the Resident Engineer

equipment before the

leasing companies must be provided and truck begins hauling. Long-term leases

with

owner/operators

or

other

trucking

firms,

even

though

only

the

truck

is

leased,

are

not acceptable.

The lease agreement must reflect the name of the lessor, cab card

(registration) numbers, descriptions of the truck(s), the amount and terms of the lease and method of payment (hour, ton, cubic yard or meter, number of loads hauled, etc.), and, if owner-operator, his/her Social Security Number. 6. Each estimate period, the DBE must certify the amounts paid: (1) to other DBE truckers, (2) to non-DBE truckers, and (3) for hauls made with trucks owned by the firm. This certification must be made on the Certification of Payments to DBE and non-DBE Subcontractors.

Page 100-73

Rev. 3-23-05

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