Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 Joint Venture, and the responsibilities of the interested parties. Such Joint Venture shall ensure that the participating LBEs or SLBEs have a commensurate share of the profit or loss to be realized from the Joint Venture. The agreement establishing the Joint Venture shall be in writing. The Authority shall have the right to review same and determine if such arrangement is proper within the requirements and intent of this LBE /SLBE Program. The dollar amount of the Joint Venture, which is to apply towards the goals for LBE and SLBE participation, is calculated by the following formula: Joint Percent LBE or SLBE Percent of Joint Venture Venture X Joint Venture = Contract Applicable Contract Financial Participation to LBE or SLBE Goal XI. GOOD FAITH EFFORT TO ATTAIN GOALS It is the Authority's intent and policy to fulfill its goals for LBE and SLBE Participation. If a bidder has failed to meet the LBE or SLBE Goals, the Authority must determine whether the bidder actively and aggressively sought to meet the LBE and SLBE Goals. Efforts that are merely pro forma shall not be deemed a Good Faith Effort by the Prime Contractor. Even if they are sincerely motivated, efforts that could not reasonably be expected to produce a level of LBE and SLBE Participation sufficient to meet the LBE and SLBE Goals are not Good Faith Efforts as required by this Program. i. Good Faith Effort Criteria. A Prince Contractor shall provide evidence that it took the following actions in order to establish that it made a reasonable Good Faith Effort to meet the Authority's LBE and SLBE Goals: a. Attending pre -bid meetings scheduled by the Authority to inform all bidders of the LBE /SLBE Program requirements for the project for which the Contract will be awarded. b. Identifying specific items of work to be performed by LBEs and SLBEs in order to increase the likelihood of meeting the LBE and SLBE Goals, including breaking down contracts into constructible units. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate LBE and SLBE participation. c. Providing written notice of interest in soliciting bids on the Contract to LBEs and SLBEs. Written notice shall specify which items of work the Prime Contractor has identified pursuant to paragraph 2. This notice shall be provided to LBEs and SLBEs not less than 10 calendar days prior to the opening of Bids, or pursuant to the notice period set forth in the specifications for a given Contract. These solicitations shall include a description of the specific items of work to be performed by the LBEs and SLBEs and all related conditions of the work. Alameda County Transportation Improvement Authority Page E -10 Local Business Enterprise and Small Local Business Enterprise Program