Admin Order 44-93-05 - Laserfiche WebLink

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6. Whenever a change in the performance of the DBE occurs; 7. Whenever a DBE which was not listed in the contractor's Commitment Forms is employed on the project; 8. Whenever a substitution of work or a change order occurs which affects work to be accomplished by a DBE; and 9. Whenever a replacement or substitution of a DBE occurs. (4) Sub-subcontracting. All sub-subcontracts shall be submitted to the City and consented to by the Project Management Personnel and the Department DBE coordinator prior to the start of work under the sub-subcontract. DBE subcontractors wishing to sub-subcontract a portion of their subcontract work shall submit to the City along with their sub-subcontract request satisfactory documentation regarding the: (a) DBE's ability and capability of assuring continuous direction, control and responsibility for the sub-subcontract work on a daily basis, (b) Anticipated work schedule, superintendency, labor force and equipment required to perform the sub-subcontract work, and (c) Statement of the DBE's perspective concerning the sub-subcontracted work, affirming that it is consistent with normal industry practices. DBE subcontractors shall be presumed not to be performing a CUP when they sub- subcontract a significantly greater portion of the work of their subcontract than would be expected on the basis of normal industry practices. The DBE may present evidence to rebut this presumption to the City and the City's decision on the rebuttal of this presumption is subject to review by the appropriate state and federal agencies. (5) Substitution of DBE. The contractor must notify and obtain the written approval of the City project management personnel and City DBE Liaison or designee prior to replacing a DBE or making any other change in the participation indicated in the original commitment. Approval for replacement will be granted only if it is demonstrated that the initial DBE is unable or unwilling to perform and that the contractor exercised good faith efforts to enable the DBE to perform. The contractor's ability to negotiate a more advantageous contract with another subcontractor shall not be considered a valid basis for replacement. Requests to substitute committed DBEs shall be scrutinized closely. The contractor must document efforts made at the time of commitment to determine that the DBE was capable of performing the work and subsequent efforts made to enable the DBE to perform. The evidence must show that the contractor investigated the DBE's capacity and capability of performing at the time of the commitment. The DBE must have possessed or have had access to adequate resources and work force to perform the work for which committed. The notice from the contractor requesting replacement of a DBE must include the following: Administrative Order - 9