Common use of DBE Crediting Provisions Clause in Contracts

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  When a DBE is proposed to participate in the Contract, either as a prime Contractor or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward DBE participation.  If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor’s DBE attainment.  Contractor is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: 1. Sixty percent (60%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a regular dealer; or 2. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a DBE manufacturer.  The following types of fees or commissions paid to DBE subcontractors, brokers, and packagers may be credited toward DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  Contractor may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5. The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  If the Contractor listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-tier DBE certified subcontractor or Vendor, the value of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.  The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBE.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  When a DBE is proposed to participate in the ContractAgreement, either as the Manager or a prime Contractor or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward towards race-neutral DBE participation.  If the Contractor Manager is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractorSubcontractor, the value of the subcontracted work may be counted toward race-neutral DBE participation only if the DBE subcontractor Subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime ContractorManager’s race-neutral DBE attainment.  Contractor Manager is to calculate and credit participation by eligible DBE vendors subcontractors of equipment, materials, and suppliers toward race-neutral DBE attainment, as follows: 1. : Sixty percent (60%) of expenditure(s) for equipment, materials, materials and supplies required under the ContractAgreement, obtained from a regular dealer; or 2. or One hundred percent (100%) of expenditure(s) for equipment, materials, materials and supplies required under the ContractAgreement, obtained from a DBE manufacturer.  . (a) The following types of fees or commissions paid to DBE subcontractorsSubcontractors, brokersBrokers, and packagers Packagers may be credited toward the prime Manager's race-neutral DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. : Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Agreement; Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. ; Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  Contractor Agreement. (b) Manager may count the participation of DBE trucking companies toward race-neutral DBE attainment, as follows: 1. : The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2contract. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3Agreement. The DBE receives credit for the total value of the transportation services it provides on the Contract contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5contract. The DBE may also lease trucks from a non-DBE non -DBE firm, including an owner- owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  If the Contractor Manager listed a non-non- certified DBE 1st tier subcontractor to perform work on this Contractcontract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-lower tier DBE certified subcontractor Subcontractor or VendorManager, the value of work performed by the lower-lower tier DBE firm’s 's own forces can be counted toward race-neutral DBE participation on the Contract.  The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBEcontract.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  • When a DBE is proposed to participate in the Contract, either as a prime Contractor or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward DBE participation.  • If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  • If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor’s DBE attainment.  • Contractor is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: 1. Sixty percent (60%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a regular dealer; or 2. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a DBE manufacturer.  DocuSign Envelope ID: 6E9ACC5C-0C11-4C9F-B04A-A371A61DAE02 • The following types of fees or commissions paid to DBE subcontractors, brokers, and packagers may be credited toward DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  • Contractor may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5. The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  DocuSign Envelope ID: 6E9ACC5C-0C11-4C9F-B04A-A371A61DAE02 • If the Contractor listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-tier DBE certified subcontractor or Vendor, the value of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.  • The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBE.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  1. When a DBE is proposed to participate in the Contractcontract, either as a prime Contractor Prime Consultant or subcontractorSubconsultant, at any tier, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward towards DBE participation.  If the Contractor CONSULTANT is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall must be counted. 2.  If a DBE intends to subcontract part of the work of its subcontract to a lower lower-tier subcontractorSubconsultant, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor Subconsultant is a certified DBE and actually performs the work with its their own forces. Services subcontracted to a nonNon-DBE firm may not be credited toward the prime ContractorPrime Consultant’s DBE attainment. 3.  Contractor CONSULTANT is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: 1. A. Sixty percent (60%) of expenditure(s) for equipment, materials, materials and supplies required under the Contract, obtained from a regular dealer; or 2. B. One hundred percent (100%) of expenditure(s) for equipment, materials, materials and supplies required under the Contract, obtained from a DBE manufacturer. 4.  The following types of fees or commissions paid to DBE subcontractorsSubconsultants, brokersBrokers, and packagers Packagers may be credited toward the Prime Consultant’s DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. Fees X. Xxxx and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. B. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. C. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract. 5.  Contractor CONSULTANT may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contractcontract. 2. B. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contractcontract. 3. C. The DBE receives credit for the total value of the transportation services it provides on the Contract contract using trucks it owns, insures, and operates using drivers it employs. 4. D. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contractcontract. 5. E. The DBE may also lease trucks from a non-DBE firm, including an owner- owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. F. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 6.  If the Contractor CONSULTANT listed a non-certified DBE 1st tier subcontractor Subconsultant to perform work on this Contractcontract, and the non-certified DBE subcontractor Subconsultant subcontracts a part of its work or purchases materials and/or supplies from a lower-lower tier DBE certified subcontractor Subconsultant or Vendor, the value of work performed by the lower-lower tier DBE firm’s own forces can be counted toward DBE participation on the Contractcontract.  The Contractor is advised not to count If a DBE Consultant performs the participation installation of DBEs toward purchased materials and supplies they are eligible for full credit of the Contractor’s DBE attainment until cost of the amount being counted has been paid to the DBEmaterials.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  25.6.1. When a DBE is proposed to participate in the Contractwork set forth in this Agreement, either as a prime Contractor or subcontractorSubcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward towards race-neutral DBE participation.  If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted. 25.6.2.  If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward race-neutral DBE participation only if the DBE subcontractor Subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor’s race-neutral DBE attainment. 25.6.3.  Contractor is to must calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward race- neutral DBE attainment, as follows: 1. a. Sixty percent (60%) of expenditure(s) for equipment, materials, materials and supplies required under the Contractthis Agreement, obtained from a regular dealer; or 2. b. One hundred percent (100%) of expenditure(s) for equipment, materials, materials and supplies required under the Contractthis Agreement, obtained from a DBE manufacturer. 25.6.4.  The following types of fees or commissions paid to DBE subcontractorsSubcontractors, brokers, and packagers may be credited toward the prime Contractor’s race-neutral DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. a. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contractthis Agreement; 2. b. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. c. Fees and commissions charged for providing any insurance specifically required in the performance of the Contractthis Agreement. 25.6.5.  Contractor may count the participation of DBE trucking companies toward race-neutral DBE attainment, as follows: 1. a. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contractcontract. 2. b. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contractthis Agreement. 3. c. The DBE receives credit for the total value of the transportation services it provides on the Contract this Agreement using trucks it owns, insures, and operates using drivers it employs. 4. d. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contractthis Agreement. 5. e. The DBE may also lease trucks from a non-DBE firm, including an owner- owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. f. For purposes of this paragraphSection 25.6, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 25.6.6.  If the Contractor listed a non-certified DBE 1st tier subcontractor Subcontractor to perform work on in connection with this ContractAgreement, and the non-non- certified DBE subcontractor Subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-lower tier DBE certified subcontractor Subcontractor or Vendor, the value of work performed by the lower-lower tier DBE firm’s own forces can be counted toward race-neutral DBE participation on the Contractin connection with this Agreement. 25.6.7.  The Contractor is advised not to count the participation of DBEs DBE Subcontractors toward the Contractor’s race-neutral DBE attainment until the amount being counted has been paid to the DBE.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  When a DBE is proposed to participate in the ContractAgreement, either as the Manager or a prime Contractor or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward towards race-neutral DBE participation.  If the Contractor Manager is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractorSubcontractor, the value of the subcontracted work may be counted toward race-neutral DBE participation only if the DBE subcontractor Subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime ContractorManager’s race-neutral DBE attainment.  Contractor Manager is to calculate and credit participation by eligible DBE vendors subcontractors of equipment, materials, and suppliers toward race-neutral DBE attainment, as follows: 1. : Sixty percent (60%) of expenditure(s) for equipment, materials, materials and supplies required under the ContractAgreement, obtained from a regular dealer; or 2. or One hundred percent (100%) of expenditure(s) for equipment, materials, materials and supplies required under the ContractAgreement, obtained from a DBE manufacturer.  . (a) The following types of fees or commissions paid to DBE subcontractorsSubcontractors, brokersBrokers, and packagers Packagers may be credited toward the prime Manager's race- neutral DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. : Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Agreement; Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. ; Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  Contractor Agreement. (b) Manager may count the participation of DBE trucking companies toward race-neutral DBE attainment, as follows: 1. : The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2contract. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3Agreement. The DBE receives credit for the total value of the transportation services it provides on the Contract contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5contract. The DBE may also lease trucks from a non-DBE non -DBE firm, including an owner- owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  If the Contractor Manager listed a non-certified DBE 1st tier subcontractor to perform work on this Contractcontract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-lower tier DBE certified subcontractor Subcontractor or VendorManager, the value of work performed by the lower-lower tier DBE firm’s 's own forces can be counted toward race-neutral DBE participation on the Contract.  The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBEcontract.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  When a DBE is proposed to participate in the Contractcontract, either as a prime Contractor CITY or subcontractorSubcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward towards race-neutral DBE participation.  If the Contractor CITY is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractorSubcontractor, the value of the subcontracted work may be counted toward race-neutral DBE participation only if the DBE subcontractor Subcontractor is a certified DBE and actually performs the work with its their own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor’s race-neutral DBE attainment.  Contractor CITY is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward race-neutral DBE attainment, as follows: 1. : Sixty percent (60%) of expenditure(s) for equipment, materials, materials and supplies required under the Contract, obtained from a regular dealer; or 2. or One hundred percent (100%) of expenditure(s) for equipment, materials, materials and supplies required under the Contract, obtained from a DBE manufacturer.  The following types of fees or commissions paid to DBE subcontractorsSubcontractors, brokersBrokers, and packagers Packagers may be credited toward the prime CITY’s race-neutral DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. : Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. ; Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. ; Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  Contractor CITY may count the participation of DBE trucking companies toward race-neutral DBE attainment, as follows: 1. : The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2contract. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit for the total value of the transportation services it provides on the Contract contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5contract. The DBE may also lease trucks from a non-DBE firm, including an owner- owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  If the Contractor CITY listed a non-certified DBE 1st tier subcontractor to perform work on this Contractcontract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-lower tier DBE certified subcontractor Subcontractor or Vendor, the value of work performed by the lower-lower tier DBE firm’s own forces can be counted toward race-neutral DBE participation on the Contract.  The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBEcontract.

DBE Crediting Provisions. Credit a. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto b. A DBE may participate as the Consultant, subconsultant, joint venture partner or supplier. A proposed DBE must be responsible for DBE participation is determined according to the following provisions:  When a DBE is proposed to participate in the Contractcommercially useful function (i.e., either as a prime Contractor or subcontractor, only the value distinct element of the actual scope of work) and must carry out its responsibility by actually performing, managing, and supervising such work; in order to be credited toward DBE participation c. Only work proposed to be performed by a DBE’s own workforces (including cost of supplies, materials, and equipment leases) obtained by the DBE with its own forces may be counted toward DBE participation.  If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  If a DBE intends to subcontract part of for the work of under the Agreement, except supplies and equipment the subconsultant purchases and/or leases from Consultant or its subcontract affiliate may be counted d. When a DBE subcontracts part of its Agreement work to a lower tier subcontractoranother firm, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor subconsultant is itself a certified DBE. Work that a DBE and actually performs the work with its own forces. Services subcontracted subcontracts to a non-DBE firm may cannot be credited toward credited. A DBE shall perform at least 30 percent (30%) of the prime Contractor’s total cost of its contract with its own workforce e. When a DBE attainment.  Contractor is performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces towards DBE participation. f. Consultant must calculate and credit for participation by eligible of DBE vendors of equipment, materials, and suppliers toward DBE attainmentsupplies, as follows: 1. i. Sixty percent (60%) of expenditure(sexpenditures(s) for equipment, materials, materials and supplies required under the Contractcontract, obtained from a regular dealerRegular Dealer; or 2ii. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contractsupplies, obtained from a DBE manufacturerManufacturer.  For purposes of this section, a DBE Manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. A DBE Regular Dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a Regular Dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. Credit for materials or supplies purchased from a DBE that is neither a Manufacturer nor a Regular Dealer will be limited to the entire amount of the fees or commission charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. The cost of materials or supplies is not counted in this instance. g. The following types of fees or commissions paid to DBE subcontractorssubconsultants, brokers, and packagers may be credited toward DBE attainmentcounted, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, work including: 1. i. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the for performance of the Contractcontract; 2ii. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer Manufacturer of, or a regular dealer Regular Dealer in, the material and supplies;. 3iii. Fees and commissions charged for providing any insurance specifically required in the for performance of the Contract.  Contractor may count the participation of DBE trucking companies toward DBE attainment, as follows:. A. Additional Assurances and Consultant Obligations 1. The DBE must be responsible Consultant shall include in each subcontract the Consultant signs with a subcontractor language providing for the management and supervision use of the entire trucking operation for which it is responsible on a particular Contract.appropriate alternative dispute resolution mechanisms to resolve payment disputes 2. The In the event the Consultant identifies additional DBE must itself own and operate at least one fully licensedsubconsultants not previously identified by Consultant for minority-conscious DBE participation, insuredConsultant shall notify SANDAG in writing in a timely manner. Such notification will enable SANDAG to capture all minority-conscious DBE participation. Consultant shall submit, and operational truck used on for each DBE identified after execution of the Contract.Agreement, a written confirmation from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding scope of work 3. The Consultant shall not make any falsification of a subcontract agreement as to subconsultant’s name, subcontract amount, and/or actual work to be performed by DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.firms 4. The As with all subconsultants, Consultant shall make timely payments of all monies due and owing to DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for subconsultants in accordance with the total value of the transportation services the lessee DBE provides on the Contract.prompt payment provisions 5. The Consultant is responsible for verifying and monitoring the eligibility certification status of its DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of subconsultants and control over the truck. This does not preclude the leased truck from working for others suppliers during the term of the lease Agreement 6. Noncompliance by the Consultant with the consent requirements of the DBERegulations is a material breach of this Agreement and may result in termination of the Agreement or other such remedy as SANDAG deems appropriate 7. Consultant and subconsultants are encouraged to use services offered by financial institutions owned and controlled by DBEs B. Commercially Useful Function Standards 1. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, so long as managing, and supervising the lease gives work involved. To perform a commercially useful function, the DBE absolute priority must also be responsible, with respect to materials and supplies used on the contract, for use negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, SANDAG will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement [or Task Order] is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the leased truckwork, and other relevant factors. 2. Leased trucks A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or Project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, SANDAG must display the name and identification number examine similar transactions, particularly those in which DBEs do not participate. 3. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the DBE.  If total cost of its contract with its own workforce, or the Contractor listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part greater portion of its the work or purchases materials and/or supplies from of a lower-tier contract than would be expected on the basis of normal industry practice for the type of work involved, one must presume that it is not performing a commercially useful function. 4. When a DBE certified subcontractor or Vendoris presumed not to be performing a commercially useful function as provided in the previous bullet, the value DBE may present evidence to rebut this presumption. SANDAG may determine that the firm is performing a commercially useful function given the type of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.  The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBEinvolved and normal industry practices.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  • When a DBE is proposed to participate in the Contract, either as a prime Contractor or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward DBE participation.  • If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  • If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor’s DBE attainment.  • Contractor is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: 1. Sixty percent (60%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a regular dealer; or 2. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a DBE manufacturer.  • The following types of fees or commissions paid to DBE subcontractors, brokers, and packagers may be credited toward DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  • Contractor may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5. The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  • If the Contractor listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-tier DBE certified subcontractor or Vendor, the value of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.  • The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBE.’s

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  • When a DBE is proposed to participate in the Contract, either as a prime Contractor or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward DBE participation.  • If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  • If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor’s DBE attainment.  • Contractor is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: 1. Sixty percent (60%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a regular dealer; or 2. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a DBE manufacturer.  • The following types of fees or commissions paid to DBE subcontractors, brokers, and packagers may be credited toward DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  • Contractor may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5. The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  • If the Contractor listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-tier DBE certified subcontractor or Vendor, the value of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.  • The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBE.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  • When a DBE is proposed to participate in the Contract, either as a prime Contractor CONTRACTOR or subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward DBE participation.  • If the Contractor CONTRACTOR is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.  • If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime ContractorCONTRACTOR’s DBE attainment.  Contractor • CONTRACTOR is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: 1. Sixty percent (60%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a regular dealer; or 2. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a DBE manufacturer.  • The following types of fees or commissions paid to DBE subcontractors, brokers, and packagers may be credited toward DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: 1. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; 2. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.  Contractor • CONTRACTOR may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 5. The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.  • If the Contractor CONTRACTOR listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-tier DBE certified subcontractor or Vendor, the value of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.  • The Contractor CONTRACTOR is advised not to count the participation of DBEs toward the ContractorCONTRACTOR’s DBE attainment until the amount being counted has been paid to the DBE.

DBE Crediting Provisions. Credit for DBE participation is determined according to the following provisions:  A. When a DBE is proposed to participate in the ContractAgreement, either as a prime Contractor or subcontractorat any tier, only the value of the work proposed to be performed by the DBE with its own forces work force may be counted toward towards DBE participation.  If the Contractor CONTRACTOR is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall must be counted. 1.  If a DBE intends to subcontract part of the work of its subcontract to a lower lower-tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its their own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime ContractorCONTRACTOR’s DBE attainment. 2.  Contractor CONTRACTOR is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers supplies toward DBE attainment, attainment as follows: 1. a) Sixty percent (60%) of expenditure(s) expenditures for equipment, materials, and supplies required under the Contract, Agreement obtained from a regular dealer; or 2. b) One hundred percent (100%) of expenditure(s) expenditures for equipment, materials, and supplies required under the Contract, Agreement obtained from a DBE manufacturer. 3.  The following types of fees or commissions paid to DBE subcontractorsSubcontractors, brokersBrokers, and packagers Packagers may be credited toward CONTRACTOR’s DBE attainment, provided that the fee or commission is reasonable, reasonable and not excessive, as compared with fees or commissions customarily allowed for similar work, work including: 1. a) Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the ContractAgreement; 2. b) Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) ), when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; 3. c) Fees and commissions charged for providing any insurance specifically required in the performance of the ContractAgreement. 4.  Contractor CONTRACTOR may count the participation of DBE trucking companies toward DBE attainment, as follows: 1. a) The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contractcontract. 2. b) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contractcontract. 3. c) The DBE receives credit for the total value of the transportation services it provides on the Contract contract using trucks it owns, insures, and operates using drivers it employs. 4. d) The DBE may lease trucks from another DBE firm, including an owner-owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contractcontract. 5. e) The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks equipped with drivers from a non-non- DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by the DBE- owned trucks or leased trucks with DBE drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. . f) The DBE does not receive may lease trucks without drivers from a non-DBE truck leasing company and if the DBE uses its own employees as drivers, it is entitled to credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6hauling services. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 5.  If the Contractor CONTRACTOR listed a non-certified DBE certified, 1st tier subcontractor Subcontractor to perform work on this ContractAgreement, and the non-certified DBE subcontractor Subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-lower tier DBE certified subcontractor Subcontractor or Vendor, the value of work performed by the lower-lower tier DBE firm’s own forces can be counted toward DBE participation on the ContractAgreement.  The Contractor If a DBE contractor performs the installation of purchased materials and supplies, they are eligible for full credit of the cost of the materials. 6. CONTRACTOR is advised not to count report the participation of DBEs DBE(s) toward the ContractorCONTRACTOR’s DBE attainment until the amount being counted claimed has been paid to the DBE.