Admin Order 44-93-05 - Laserfiche WebLink

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responsibilities by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a CUF, project management and the City's DBE Liaison or designee may evaluate the amount of work subcontracted, industry practices, and other relevant factors. The work performed by a DBE must be work that would reasonably be expected to be subcontracted. It may not be added to the project, or artificially separated from a larger element of the work solely for the purpose of meeting the DBE goal. The DBE must manage the work under the subcontract, including scheduling, ordering materials and supplies, preparing and submitting all required reports and payroll documents, and hiring and firing personnel. The DBE also must either directly supervise the work on a daily basis, or hire a skilled superintendent to do so. Supervision of the work by personnel not under the control of the DBE or by personnel normally employed by another contractor does not constitute performance of a CUF. (b) The DBE must employ a labor force separate and apart from that employed by the prime contractor, other subcontractors on the project or their affiliates. If the DBE expects to use any equipment or personnel of the prime contractor or any other contractor, the contractor must submit a written plan to the project manager. The plan must be submitted and approved prior to commencement of the DBE's work, and must describe in detail the shared items and personnel. Equipment must be rented or leased at competitive rates, and copies of the rental agreements must be furnished to the project manager. Personnel of another firm may only be used to augment the DBE's work force, on a limited basis, when specialized skills are required, or subcontracted for pursuant to Subsection (4) of this section. The plan shall be evaluated by the City to ensure that no violation with respect to the performance of a CUP is contemplated, and written approval must be obtained from the City prior to the start of work. (c) City project management personnel, in conjunction with the City's DBE Liaison or designee, will monitor compliance with the CUP provisions of contracts. In monitoring compliance, the City will follow procedures analogous to the following pertaining to highway construction projects. City project management personnel will complete the Disadvantaged Business Enterprise Commercially Useful Function review form in the following circumstances: 1. On all projects with DBE participation goals; 2. With respect to each DBE whose work is to be counted toward achievement of DBE participation goals; 3. Whenever there is any indication that a DBE may not be performing a commercially useful function; 4. During the DBE's peak performance period; 5. Whenever a DBE performs work which varies from the bid items indicated in the contractor's Commitment Forms; Administrative Order - 8