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FINAL 11/8/00 • B. Pre - construction Conference I. A preconstruction conference will be scheduled between the RE and the contractor or their representative to discuss the work each DBE subcontractor will perform. 2. Before work can be started on a subcontract. the City of San Leandro will require that the contractor submit a completed "Subcontracting Request." Exhibit 16 -8 of the LAPtM or equivalent. When the RE receives the completed form. it will be checked for agreement of the first tier subcontractor and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information." Exhibit 15 -G. The "Subcontracting Request" will not be approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern. the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. 3. Suppliers. vendors. or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16 -f of the LAPMI or equivalent. Differences must be resolved by either making corrections or requesting a substitution. 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. First Tier Subcontractors" and will explain w 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) knows what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. 2. When a firm other than the listed DBE subcontractor is found performing the work. the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractors response. the RE will take appropriate action: 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 the Caltrans I3usiness Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, 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. Pa u(! I