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