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• DRAFT 9/5/00 Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). The City of San Leandro will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100 -4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid, or $10,000, which ever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. 4. The RE will give the contractor a blank Exhibit 17 -F, "Final Report Utilization of Disadvantaged Business Enterprises," and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. C. Construction Contract Monitoring 1. The RE will ensure that the RE's staff (inspectors) know what items of work each DBE is responsible for. Inspectors will notify the RE immediately of apparent violations. 2. When someone other than the listed DBE subcontractor is found performing the work (i.e., employees noted earlier as contractor's or non -DBE subcontractor's), the RE is to notify the contractor of the apparent violation and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: 1) If the contractor's response is that the employees will be on the listed DBE subcontractor payroll, payrolls will be checked when received, and if the employees in question are not on the listed DBE subcontractor payroll, payment for the work will be withheld. If the employee is on the payroll, our DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to Caltrans' Business Enterprise Program. 2) ft the contractor's response to the RE is anything other than in action 1) above. payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withhold of payment. 3. If the contract requires the submittal of a monthly truck document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. The burden of proof of DBE payment is the responsibility of the contractor. D. Substitution 1. When a DBE substitution is requested. the RE /Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE /Contract Manager will obtain a written concurrence from the DBE regarding this change. If the contractor is not meeting the contract goal with this substitution. the contractor must provide the required good faith effort to the RE /Contract Manager for City of San Leandro consideration. Page 5 of 9