Trucking. ADOT will use the following factors in determining whether a DBE trucking company is performing a CUF: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Project, and there cannot be a contrived arrangement for the purpose of meeting the DBE Goals. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Project on every day that credit is to be given for trucking. 3. Developer will receive credit for the total value of transportation services provided by the DBE using trucks it owns, insures and operates, and 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 that the DBE lessee provides on the Project. The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a 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 Project provided by DBE-owned trucks or leased trucks with DBE employee 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. Example: DBE Firm X uses two of its own trucks on a Project. It leases two trucks from DBE Firm Y and six trucks equipped with drivers from non-DBE Firm Z. DBE credit would be awarded for the total value of transportation services provided by Firm X and Firm Y, and may also be awarded for the total value of transportation services provided by four of the six trucks provided by Firm Z. In all, full credit would be allowed for the participation of eight trucks. DBE credit could be awarded only for the fees or commissions pertaining to the remaining trucks Firm X receives as a result of the lease with Firm Z. The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. Example: DBE Firm X uses two of its own trucks on a Project. It leases two additional trucks from non-DBE Firm Z. Firm X uses its own employees to drive the trucks leased from Firm Z. DBE credit would be awarded for the total value of the transportation services provided by all four trucks. For purposes of this section, 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. DBE credit for supplying paving grade asphalt and other asphalt products will only be permitted for standard industry hauling costs, and only if the DBE is owner or lessee of the equipment and trucks. Leases for trucks must be long term (extending for a fixed time period of not less than one year and not related to time for Project performance) and must include all attendant responsibilities such as insurance, titling, hazardous waste requirements, and payment of drivers.
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Samples: Design Build Maintain Agreement, Design Build Maintain Agreement, Design Build Maintain Agreement
