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Reso 2002-131 to 135
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Reso 2002-131 to 135
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/2002
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PERM
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ACTIA 2002-26.01 <br />Joint Venture, and the responsibilities of the interested parties. Such Joint Venture shall ensure <br />that the participating LBEs or SLBEs have a commensurate share of the profit or loss to be <br />realized from the Joint Venture. The agreement establishing the Joint Venture shall be in <br />writing. The Authority shall have the right to review same and determine if such arrangement is <br />proper within the requirements and intent of this LBE/SLBE Program. <br />The dollar amount of the Joint Venture, which is to apply towards the goals for LBE and <br />SLBE participation, is calculated by the following formula: <br />Joint Percent LBE or SLBE Percent of Joint Venture <br />Venture X Joint Venture = Contract Applicable <br />Contract Financial Participation to LBE or SLBE Goal <br />XI. GOOD FAITH EFFORT TO ATTAIN GOALS <br />It is the Authority's intent and policy to fulfill its goals for LBE and SLBE Participation. <br />If a bidder has failed to meet the LBE or SLBE Goals, the Authority must determine whether the <br />bidder actively and aggressively sought to meet the LBE and SLBE Goals. Efforts that are <br />merely pro forma shall not be deemed a Good Faith Effort by the Prime Contractor. Even if they <br />are sincerely motivated, efforts that could not reasonably be expected to produce a level of LBE <br />and SLBE Participation sufficient to meet the LBE and SLBE Goals are not Good Faith Efforts <br />as required by this Program. <br />i. Good Faith Effort Criteria. A Prime Contractor shall provide evidence that it <br />took the following actions in order to establish that it made a reasonable Good Faith Effort to <br />meet the Authority's LBE and SLBE Goals: <br />a. Attending pre -bid meetings scheduled by the Authority to inform all <br />bidders of the LBE/SLBE Program requirements for the project for which the Contract will be <br />awarded. <br />b. Identifying specific items of work to be performed by LBEs and SLBEs in <br />order to increase the likelihood of meeting the LBE and SLBE Goals, including breaking down <br />contracts into constructible units. This includes, where appropriate, breaking out contract work <br />items into economically feasible units to facilitate LBE and SLBE participation. <br />C. Providing written notice of interest in soliciting bids on the Contract to <br />LBEs and SLBEs. Written notice shall specify which items of work the Prime Contractor has <br />identified pursuant to paragraph 2. This notice shall be provided to LBEs and SLBEs not less <br />than 10 calendar days prior to the opening of Bids, or pursuant to the notice period set forth in <br />the specifications for a given Contract. These solicitations shall include a description of the <br />specific items of work to be performed by the LBEs and SLBEs and all related conditions of the <br />work. <br />Alameda County Transportation Improvement Authority Page E-10 <br />Local Business Enterprise and Small Local Business Enterprise Program <br />
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