AgdaPkt 2016-03-28 Joint SA and PFA

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ATTY/AGR/2016.053/CDM SMITH REV: 03-22-16 JS Page 13 of 18 industry practices; whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing; and other relevant factors. 31.4.2 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, examine similar transactions, particularly those in which DBEs do not participate. 31.4.3 If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 31.5 DBE Records. 31.5.1 Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 31.5.2 Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors,” CEM- 2402F (Exhibit 17-F, Chapter 17, of the LAPM) as shown in Exhibit “E”, certified correct by Consultant or Consultant’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors” is submitted to the Contract Administrator. 31.6 DBE Certification and Decertification Status. If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify Consultant in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Contract Administrator within 30 days. 31.7 DBE Termination. A DBE may be terminated only with prior written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f). 31.8 Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section 31. 6.1.B. - Page 15