IFB_260130_FHWA_DBE_Provisions.pdf

FHWA DBE Provisions February 2025

Business Enterprise and Compliance Program (BECP)

Submission Check List

FHWA DBE

In order to be in compliance with the DBE regulations, the Offeror must comply with the following:

WITH YOUR SEALED BID, submit:

1. City of Tucson Business Enterprise and Compliance Program (BECP) Subcontractors List and Statement of Proposed DBE Plan. Pursuant to the Tucson Procurement Code Section 28-48(2), the Offeror must include all DBE subcontractors and all subcontractors with a subcontract value of $5,000 or more.

2. Each bidder/proposer MUST submit a Bidders List for FHWA Funded Projects form for the bidder and each proposed subcontractor listed on the Subcontractors List and Statement of Proposed DBE Plan.

PRIOR TO CONTRACT AWARD, submit to BECP at ContractorCompliance@tucsonaz.gov

1. Final Subcontractors List (w/ Federal Tax ID) for all subcontractors and all tier subcontractors.

This list should include ALL subcontractors that will perform work during the duration of the project.

PRIOR TO NOTICE TO PROCEED (NTP),

1. Complete the Subcontractor Approval Request form (SARF) for each subcontractor. Upload the SARF, the subcontract for each subcontractor (including any tier subcontractors) and all required attachments into the City’s Contractor Compliance system at https://tucsonaz.diversitycompliance.com for review and approval by the City’s BECP.

It is the prime contractor’s responsibility to provide all subcontractors with the appropriate provisions to ensure the subcontractor abide by the contract requirements. Davis Bacon and Related Acts also apply to this project including submission of certified weekly payrolls and related documents in accordance with the contract’s prevailing wage decision. Additional reporting requirements may include monthly and annual Equal Employment Opportunity compliance reports, as indicated in the contract.

DURING THE PERFORMANCE OF THE CONTRACT, BUT PRIOR TO FINAL PAYMENT

1. Report Subcontractor Payments: The prime contractor is required to report, by the 15th of each month, all payments made to the subcontractors in the City’s Contract Compliance system (https://tucsonaz.diversitycompliance.com). In addition, all subcontractors must verify, by the end of each month, that they were paid the amount indicated and if they were paid promptly.

2. Subcontractor Modifications: The prime contractor must complete and submit the City’s Subcontractor Modification Form for any modifications to the subcontractor’s list. The form must be uploaded suing the “Add Sub Request” feature in the compliance system along with the executed subcontractor agreement. You may also email to BECP at ContratorCompliance@tucsonaz.gov for review and approval. All subcontractor modifications are at the sole description of the Procurement Director. Approval must be received prior to any subcontractor changes being made.

3. Pay Estimates: BECP will review all pay estimates. If there are any issues regarding the Davis

Bacon & Related Acts or the DBE program requirements, BECP may delay payment processing.

mailto:ContractorCompliance@tucsonaz.gov mailto:ContratorCompliance@tucsonaz.gov

FHWA DBE Provisions February 2025

PRIOR TO FINAL PAYMENT

1. The prime contractor is required to complete the Prime Contractor/Consultant Evaluation of

Subcontractor/Subconsultant. This form must be completed when a subcontractor has completed their work on the project. The form must be emailed to ContractorCompliance@tucsonaz.gov.

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DBE PROGRAM PROVISIONS

For FHWA Funded Projects

IFB 260130: 22nd Street Revitalization: Addressing Safety, Equity and Connectivity Attachment B

SECTION I. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

The City of Tucson has received federal financial assistance and has established a DBE Diversity Program for Contracts in accordance with 49 CFR 26, which is incorporated herein by this reference. The DBE Diversity Program applies to all City and subrecipient contracts that are funded, in whole or in part, by federal financial assistance. In the event of any conflicts or inconsistencies between 49 CFR 26 and this DBE Diversity Program, 49 CFR 26 shall prevail.

The City of Tucson’s DBE Program is managed and administered by the City’s Business Services Department, Procurement Operations Division, Business Enterprise and Compliance Program (BECP). Through a coordinated effort among several city departments and partner agencies, the DBE Program provides certification and opportunities in construction, purchasing, management and technical assistance, educational services, and networking.

As a recipient of Federal Highway Administration (FHWA) funds; the City of Tucson and all Contractors must adhere to DBE requirements issued by USDOT 49 CFR Part 26.

The City is assessing a 8% aspirational goal through race and gender – neutral DBE participation. The City is required to review, monitor and report DBE participation on all FHWA funded construction projects along with reporting the Bidders List data.

For this project, the City of Tucson has established a race or gender - neutral DBE participation goal. The City extends to each contractor and subcontractor an equal economic opportunity to compete for business. The City encourages each Bidder to voluntarily solicit bids from and make strong efforts to subcontract with certified DBEs to perform part of the project work in a Commercially Useful Function that the Bidder might otherwise perform with its own forces or a non-DBE subcontractor.

Each Bidder should conduct the following DBE outreach efforts including, but not limited to, (1) identify DBE participation opportunities; (2) actively solicit and evaluate proposals from DBE firm(s); (3) maintain documentation of the selection decisions regarding the DBE firms, including reasons for rejection of DBE proposal(s). If a Bidder fails to conduct these outreach efforts or fails to submit the City’s Subcontractor List and DBE Commitment form and the Bidders List, the City will determine the Bidder to be non-responsive. A determination of non-responsiveness disqualifies the Bidder from further consideration of contract/project award. The City may request copies of the outreach efforts and selection decision documentation.

Each Bidder must complete and submit the enclosed Subcontractors List and DBE Commitment Form with their bid. This form must include:

(1) All proposed subcontractors with a contract value at or over $5,000.

(2) All proposed DBE subcontractors regardless of subcontract value.

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PROJECT GOAL

The City of Tucson’s Disadvantaged Business Enterprise Participation goal for this project is as follows:

8% DBE

In consideration of the DBE goal, the City identified the following trade areas as potential subcontracting opportunities to meet the goal, however, the Contractor may elect to meet the goal utilizing any subcontracting opportunity they deem appropriate.

Trade Categories -

• Demolition

• Trucking/Hauling

• Asphalt Roadway

• Concrete Pavement

• Underground Sewer

• Water Service

• Signage

• Pavement Marking (Striping)

• Traffic Control

• Lighting and Signals

• Landscaping

• Guardrail

• Non-Structural Concrete

• Box Culvert Concrete

• Fence and Barrier Wall

• Masonry

• Reinforcing Steel

• Survey

See Attachment A – List of Certified DBEs by AZUCP Codes.

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SECTION II. DEFINITIONS

Agency means the City of Tucson for purposes of this solicitation.

Arizona Unified Certification Program (AZUCP) means a consortium of government agencies organized to provide reciprocal DBE certification within Arizona pursuant to 49 Code of Federal Regulations (CFR) Part 26.

The official DBE database containing eligible DBE firms certified by AZUCP can be accessed at:

https://utracs.azdot.gov. The certification system is called the Arizona Unified Transportation Registration and Certification System (AZ UTRACS).

Business to Government Now (B2G) means the web-based certification and compliance system used to track and monitor DBE and Small Business Participation. The B2G system can be accessed at:

https://tucsonaz.diversitycompliance.com.

Commercially Useful Function - The DBE is responsible for executing the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.

If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it is presumed that the DBE firm is not performing a commercially useful function and no DBE credit may be awarded toward the DBE goal.

Contract - A legally binding relationship obligating a seller to furnish supplies or services (including, but not limited to, construction and professional services) and the buyer to pay for them.

Contractor - One who participates, through a contract or subcontract (at any tier), in a federally funded program. For the purposes of DBE Plan evaluation, any offeror in negotiations with the City of Tucson pursuant to a Request for Qualifications is also subject to the Contractor DBE program compliance requirements.

DBE Business Enterprise Compliance Specialist means an Agency employee responsible for oversight and compliance of the DBE Contract provisions.

Disadvantaged Business Enterprise or DBE - A for-profit small business concern that has successfully completed the DBE certification process and has been granted DBE status by an AZUCP member pursuant to the criteria contained in 49 CFR Part 26.

Goods and Services Providers are firms that provide goods and services that represent a Commercially Useful Function directly to Transit as a DBE or Small Business.

Joint Venture - An association of a DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.

Manufacturer means a firm that owns; operates or maintains a factory or establishment that produces on the premises the components, materials, or supplies obtained by the recipient, successful bidder, or Transit Vehicle Manufacturer.

Outreach Efforts means the diligent and good faith efforts demonstrated by a Bidder to solicit participation from interested and qualified DBEs and other Small Businesses. Bidder shall identify and document potential business opportunities for DBEs and other Small Businesses, describe what efforts were undertaken to solicit DBE and Small Business participation, disclose results of negotiations with Small Businesses, and communicate and record Bidder’s selection decisions relating to DBE and Small Business participants.

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Primary Industry Classification - The four-digit Standard Industrial Classification (SIC) code designation which best describes the primary business of a firm. The SIC code designations are described in the Standard Industry Classification Manual. As the North American Industrial Classification System (NAICS) replaces the SIC system, references to SIC codes and the SIC Manual are deemed to refer to the NAICS manual and applicable codes. The SIC Manual and the NAICS Manual are available through the National Technical Information Service (NTIS) of the U.S. Department of Commerce (Springfield, VA 22261). NTIS also makes materials available through its web site (https://www.census.gov/naics/) .

Program - Any undertaking on the City of Tucson’s part to use federal financial assistance, authorized by the laws to which this part applies.

Race and Gender-Conscious - A measure or program that is focused specifically on assisting only DBEs.

Race and Gender-Neutral - A measure or program that is, or can be, used to assist all small businesses.

Regular dealer/broker is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or released to the public in the usual course of business.

Recipient - Any entity, public or private, to which federal financial assistance is extended, whether directly or through another recipient, or who has applied for such assistance.

Set-Aside - A contracting practice restricting eligibility for the competitive award of a contract solely to DBE firms.

Small Business Concern - With respect to firms seeking to participate as a DBE, a small business concern as defined pursuant to section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR 121) that also does not exceed the cap on average annual gross receipts specified in §26.65(b).

Socially and Economically Disadvantaged Individual - Any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is --

(a) Any individual who the City of Tucson finds to be a socially and economically disadvantaged individual on a case-by-case basis.

(b) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:

(i) “Black Americans,” which includes persons having origins in any of the Black racial groups of Africa;

(ii) “Hispanic Americans,” which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or

South American, or other Spanish or Portuguese culture or origin, regardless of race;

(iii) “Native Americans,” which includes persons who are American Indians, Eskimos, Aleuts, or Native

Hawaiians;

(iv) “Asian-Pacific Americans,” which includes persons whose origins are from Japan, China, Taiwan, Lorea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong;

(v) “Subcontinent Asian Americans,” which includes persons who origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka;

(vi) Women;

(vii) Any additional groups whose members are designated as socially and economically disadvantaged by the

SBA, at such time as the SBA designation becomes effective.

Subcontract means a contract at any tier below the prime contract, including a purchase order.

http://www.census.gov/naics/)

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Subcontractor means an individual, partnership, JV, corporation or firm that holds a contract at any tier below the prime contract, including a vendor under a purchase order.

Supplier means a firm that engages in, as its principal business, the purchase and sale of material or supplies required for the performance of a contract. The firm must own, operate, and maintain a store, warehouse or other establishment where the supplies are bought, kept in stock, and regularly sold to the public in the usual course of business.

SECTION III GENERAL REQUIREMENTS

A. Applicable Federal Regulations

This Contract is subject to DBE requirements issued by USDOT in 49 CFR Part 26. Despite the lack of a race- and gender-conscious DBE participation goal for this Contract, the Agency must track and report DBE participation that occurs as a result of any procurement, JV, goods/services, or other arrangement involving a DBE. For this reason, the Successful Bidder shall provide all relevant information to enable the required reporting. All contractors, subcontractors and those certified as DBEs must comply with all requirements stated herein.

B. Civil Rights Assurances.

As a recipient of USDOT funding, the Agency has agreed to abide by the assurances found in 49 CFR Parts 21 and 26. Each Contract signed by the Agency and the Successful Bidder, and each Subcontract signed by the Successful Bidder and a Subcontractor, must include the following assurance verbatim:

“The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, sex, or creed in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Parts 21 and 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Phoenix deems appropriate.”

Note: For purposes of the required Contract and Subcontract language above, Successful Bidder is the “contractor” awarded the contract.

C. Contractor Performance Evaluation

At the conclusion of every City of Tucson construction project, the prime contractor is required to complete the Prime Contractor Evaluation of Subcontractor form. The Prime Contractor/Consultant must identifying all subcontractors utilized on a project, and rate the performance of each subcontractor from 1 – 5, based on industry standards. A score of 5 or 4 is considered above average. A score of 3 is considered average. A score of 1 or 2 is considered as poor performance. A rating of 1 or 2 of a subcontractor will require the prime contractor to complete a Substandard Performance Report documenting the cause for the substandard performance rating. The City of Tucson Project Manager must concur with all poor performance ratings.

D. DBE Certification

Only firms (1) certified by the Agency or another AZUCP member, and (2) contracted to perform a Commercially Useful Function on scopes of work for which they are certified, may be considered to determine DBE participation resulting from RGN measures on this Contract. This DBE determination affects the Agency’s tracking and reporting obligations to USDOT.

E. DBE Participation

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For this solicitation, the Agency has not established a race- or gender-conscious DBE participation goal. The Agency extends to each individual, firm, vendor, supplier, contractor, and subcontractor an equal economic opportunity to compete for business. The Agency uses race- and gender-neutral measures to facilitate participation by DBEs and Small Businesses. The Agency encourages each Bidder to voluntarily subcontract with DBEs and Small Businesses to perform part of the work—a Commercially Useful Function—that Bidder might otherwise perform with its own forces.

The Arizona Unified Certification Program (AZUCP) Database contains the complete listing of those firms which are certified and therefore eligible to participate as a DBE on a project. DBE participation is NOT limited to Pima County firms. Any DBE firm recognized through the AZUCP is eligible to be recognized as a certified DBE. The AZUCP Database can be accessed through the following internet address: (https://utracs.azdot.gov). If the name of a firm does not appear in the AZUCP database, it shall be the bidder’s responsibility to ascertain the certification status of the firm.

Questions regarding the AZUCP and the City’s DBE Program can be addressed to the City’s Department of Procurement, Business Enterprise and Compliance Program at 520-837-4000 or via email at ContractorCompliance@tucsonaz.gov.

F. DBE Program Compliance

The contractor and all DBE subcontractors must comply with all aspects of the DBE federal program requirements as specified in 49 CFR Part 26. The contractor must include a copy of the DBE contract provisions in every subcontract. The executed subcontract with all required contract provisions must be uploaded into the City’s Contract Compliance system, https://tucsonaz.diversitycompliance.com, prior to the Notice to Proceed.

Failure by the contractor to comply with the DBE provisions is a material breach of the contract which may result in remedies as deemed appropriate by the City, including but not limited to the following:

(1) Withholding monthly progress or final payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or;

(4) Disqualifying the contractor from future bidding as non-responsible.

The contractor must comply with applicable Prompt Payment regulations, Tucson Code Section 11-38 and Arizona Revised Statutes Title 32-1129. The contractor must pay their subcontractors within 7 days of payment from the City.

The prime contractor is required to report, by the 15th of each month, all payments made to the subcontractors in the City’s Contract Compliance system (https://tucsonaz.diversitycompliance.com).

In addition, all subcontractors must verify, by the end of each month, that they were paid the amount indicated and if they were paid promptly.

The City of Tucson may withhold payment from the prime contractor for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.

The prime contractors must provide notice to all subcontractors that complaints of violations of the prompt payment provision may be submitted in writing to the City of Tucson, Business Enterprise & Compliance Program, 255 W. Alameda, 8th floor Tucson, Arizona 85701 – PO Box 27210, Tucson, Arizona 85726. The complaint shall set forth the facts and identify the prime contractor and the construction project. Subcontractors will be assisted by the Department of Procurement, Business Enterprise & Compliance Program with the complaint process as detailed in the City of Tucson

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Construction Fairness Ordinance comprised of Chapter 28, Tucson Procurement Code Section 28-101, Tucson Code Chapter 11-38 and Tucson Code, Chapter 8-2.2.

G. False, Fraudulent Or Dishonest Conduct

The City of Tucson will bring to the attention of the federal government any false, fraudulent or dishonest conduct in connection with the DBE Diversity Program for Contracts so that the federal government can take steps (e.g., referral to the Department of Justice for criminal prosecution, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 49 CFR

26.109. The City will also consider similar action under its own legal authorities, including responsibility determinations in future contracts.

H. Non-Discrimination

The City of Tucson shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any federal contract or in the administration of its DBE Program or the requirements of 49 CFR 26. The recipient shall take all necessary and reasonable steps under 49 CFR 26 to ensure nondiscrimination in the award and administration of federal contracts. The recipient’s DBE Program, as required by 49 CFR 26, is incorporated by reference in this agreement.

Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the City of Tucson of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

I. Record Keeping

The City of Tucson will require prime contractors to maintain records and documents of payments to DBE for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Tucson or federal government. The reporting requirement also extends to any certified DBE subcontractors.

J. Small Business Participation

The Agency will track the participation of all approved businesses throughout the life of this contract.

The Agency will count Small Business participation as authorized by federal regulations. A summary of these regulations can be found at www.ecfr.gov (49 CFR Part 26.39).

K. Subcontractor Performance & Substitution Requests

All subcontractor modifications (addition, substitution, deletion) pursuant to the Tucson Procurement Code Section 28-48(2), may only be allowed at the sole discretion of the Procurement Director.

Approval must be obtained prior to the subcontractor beginning the work. The prime contractor must complete and submit the City’s Subcontractor Modification Form for any modifications to the subcontractor’s list. The form must be submitted to BECP at ContractorCompliance@tucsonaz.gov for review and approval. All subcontractor modifications are at the sole description of the Procurement Director. Approval must be received prior to any subcontractor changes being made

The contractor’s distinct contract items of work to be awarded to DBE’s shall be performed by the designated DBE. The DBE must perform a commercially useful function, that is, the DBE must manage, perform, and supervise a distinct element of work.

In the event that a DBE is unable or unwilling to fulfill its agreement with the contractor, the contractor shall immediately notify the Business Enterprise Compliance Specialist, the Contract Officer and the Project Manager. The DBE firm can only be terminated for good cause. The contractor shall immediately take reasonable good faith efforts to obtain another certified DBE firm to perform an equal http://www.ecfr.gov/

10 FHWA DBE Provisions February 2025 or greater dollar value of the work. The prime contractor must complete the City’s Subcontractor Modification Form. The form must be submitted to BECP at ContractorCompliance@tucsonaz.gov for review and approval

DBE contract work items shall not be performed by the contractor in lieu of subcontracting.

Contract items eliminated from the project, with the approval of the Project Manager, may not reduce the contractor’s obligation for DBE participation.

L. MONITORING PAYMENTS TO SUBCONTRACTORS

Prime contractors must maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Tucson or federal government. This reporting requirement also extends to any certified DBE subcontractor. As part of the contract documents requirement, the contractor will submit company procedures and policy for prompt payment of work and prompt release of retention to subcontractors.

Prime contractors are required to pay all subcontractors for satisfactory performance of their contracts no later than 7 days from receipt of each progress payment made by the City of Tucson to the prime contractor.

The prime contractor is to pay all retention owed to a subcontractor within 30 days of satisfactory completion of the contracted work. For the purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and accepted by the prime contractor as required by the City of Tucson. Payment of retention by a prime contractor to subcontractors following completion and acceptance of work is NOT dependent on the billing of, or payment from, the City of Tucson for the retention release. Required timelines are indicated below:

A. When a subcontractor has completed all the tasks called for in the subcontract, the subcontractor will submit a written request to the prime contractor for an acceptance inspection and release of all retention.

B. Within 10 days of receipt of an inspection request by a subcontractor, the contractor shall schedule an inspection / walk through for acceptance of the work.

C. Within 30 days of the acceptance of a subcontractors work, the prime contractor shall pay all retention owed to a subcontractor.

Prime contractors will report the actual value of any contract to DBE firms for work committed to them at the time of the contract award.

Once a subcontractor’s work has been accepted, a prime contractor may bill the City of Tucson for release of retention equal to the amount of retention that is/has been released to a subcontractor.

The prime contractor is required to report, by the 15th of each month, all payments made to the subcontractors in the City’s Contract Compliance system (https://tucsonaz.diversitycompliance.com).

In addition, all subcontractors must verify, by the end of each month, that they were paid the amount indicated and if they were paid promptly.

Prime contractors must provide notice to their subcontractors that complaints of violations of the prompt payment provision may be submitted in writing to the City of Tucson Business Enterprise & Compliance Program, 255 W. Alameda, 8th Floor, Tucson, Arizona 85701. The complaint shall set forth the facts and identify the prime contractor, contract # and contract title/project location. Subcontractors will be assisted by the Department of Procurement with the complaint process.

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The City of Tucson may withhold payment from the prime contractor for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.

The City of Tucson may withhold payment from the prime contractor for failure to submit and/or complete required documents.

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BUSINESS SERVICES DEPARTMENT

BUSINESS ENTERPRISE & COMPLIANCE PROGRAM

SUBCONTRACTORS LIST AND STATEMENT OF PROPOSED DBE PLAN

FHWA FUNDED PROJECTS

IFB No. Project Name:

Bidder must complete the tables listed below. These are your committed subcontractors for this project. Any addition, deletion or substitution to the listed subcontractors will be a violation of the Tucson Procurement Code and may only be allowed at the discretion of the Procurement Director.

ALL PROPOSED DBE FIRMS

(Print additional form to add more DBE firms)

Subcontractor’s Name Trade/Industry Dollar Value of Contract

1ST TIER SUBCONTRACTORS AT AND ABOVE $5,000

(Print additional form to add more subcontractors)

Subcontractor’s Name Trade/Industry Dollar Value of Contract

Bidder’s Base Bid Amount $

Total Claimed DBE Participation $ %

I hereby certify by signing below that the foregoing DBE firms shall be contracted to work on the trades identified above and/or supply material and/or equipment for this project. The information shown above is a true reflection of the proposed subcontracts expressed as a percentage of the base bid.

Company Name:

Signature: Phone No.

Date: Name & Title:

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BUSINESS ENTERPRISE & COMPLIANCE PROGRAM

HOW TO FILL OUT BIDDERS LIST

A Bidder's List form must be submitted for each Prime Contractor and Subcontractor participating on the project.

Ex. If a project has 4 subcontractors, 5 Bidders Lists must be submitted with proposal.

If a Bidder fails to submit the City's Subcontractor List and DBE Commitment Form and the Bidders

List, the City may determine the Bidder to be non-responsive.

A determination of non-responsiveness disqualifies the Bidder from award.

Section 1: General Information

• Solicitation No.: Enter the City of Tucson contract number.

• Project Name: Enter the full City of Tucson project name.

• Name of Prime Contractor or Subcontractor: Enter the name of the firm this Bidder's List is for.

Section 2: Contractor Information

• Address, Age of Firm & Annual Gross Receipts: Enter the firm's address, age and gross receipts (from federal tax returns)

• DBE Status: DBE status can be verified at https://utracs.azdot.gov/search.

• Race & Gender of Firm's Majority Owner: If no majority owner, select Other

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BUSINESS ENTERPRISE & COMPLIANCE PROGRAM

HOW TO FILL OUT BIDDERS LIST

Section 3: NAICS Codes

• Finding NAICS Codes: NAICS code may be found in the City of Tucson Compliance System using the Commodity Code Lookup tool or at https://www.naics.com/search/.

• Filling Out the Table: List each scope of work on its own row with corresponding NAICS code, work description, and dollar amount.

Prime Contractors: Only include the dollar amount for self-performed work.

http://www.naics.com/search/

BUSINESS ENTERPRISE & COMPLIANCE PROGRAM

BIDDERS LIST

FHWA FUNDED PROJECTS

Solicitation No. Project Name:

Name of Prime Contractor or Subcontractor:

Per 49 CFR Part 26.11, each Prime and Subcontractor MUST submit the following information.

Enter the address including zipcode Street

City State Zip

Indicate if you are a DBE or non-DBE

DBE Non-DBE

Enter the race and gender of the firms majority owner

Black American Male

Hispanic American Female

Asian-Pacific American Subcontinent Asian American

Native American

Caucasian

Other

What is the age of your firm?

Less than 1 year 8 – 10 years

1 – 3 years More than 10 years

4 – 7 years

Disclose the annual gross receipts of the firm

Less than $1 million $6 – 10 million

$1 - 3 million Over $10 million

$3 - 6 million

Enter the 6-digit NAICS code, description of the trade and dollar amount for each scope of work you sought to perform. Print additional copy to add more.

6-Digit NAICS Code Description Dollar Amount

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SUBCONTRACTORS

Contract # Project:

THE FOLLOWING LIST OF SUBCONTRACTORS SHALL BE

SUBMITTED BY THE AWARDEE AT, OR PRIOR TO, TIME OF CONTRACT EXECUTION. FAILURE TO PROVIDE THIS LIST

AS REQUESTED MAY DELAY CONTRACT EXECUTION.

The undersigned submits the following required list of subcontractors for this project. Federal Regulations requires that the Contractor and each subcontractor provide their and their Business Racial/Ethnic Classification, and the dollar value of each subcontract.

Enter the Ethnic Code with indicates the racial/ethnic character of the owner(s) and controller(s) of 51% of the business. When 51% or more of the business is not owned or controlled by a single racial/ethnic category, enter the code that seems most appropriate. The Ethnic Code may be a combination of two- code number for example 2/3.

Select Racial/Ethnic Code:

1=White Americans 4=Hispanic Americans

2=Black Americans 5=Asian/Pacific Americans

3=Native Americans 6=Hasidic Jews

If 51% or more of business is Woman Owned, then mark Yes

Work Category Subcontractors Name AZ ROC # Dollar Value of Contract

Eth Code

Woman Owned Business

Y N

Y N

Y N Y N

Y N

Y N

Y N

Y N

Y N

Y N

Y N

Y N

Y N

Y N

Y N

Contractor: Y N

Address: City: State: Zip:

Printed Name: Title:

Signature:

For COT Use Only

Approved By:

Approved Date:

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Business Enterprise and Compliance Program (BECP)

Subcontractor Modification Form

The modification of any subcontractor after contract award requires prior approval by the

Business Services Director

TYPE OF REQUEST ADDITION REMOVAL REPLACEMENT

INCREASE REDUCTION

ARE ANY SBE / DBE FIRMS AFFECTED? YES NO If yes, please explain:

Contract # Contract Name:

Prime Contractor: Contact Name

Email: Phone:

CURRENT

SUBCONTRACTOR

PROPOSED

SUBCONTRACTOR

SUBCONTRACTOR

NAME

SUBCONTRACT

VALUE

CONTACT NAME

EMAIL

PHONE

ADDRESS

DUNS

SBE / DBE ? SBE / DBE

(circle one, if applicable)

SBE / DBE

(circle one, if applicable)

SIGNATURE By signing below, the Current Subcontractor indicates their understanding of, and agreement with, this modification and the explanation provided by the Prime Contractor in the

“Reason for Request” field on this form:

Signature of Current Subcontractor (required)

18 FHWA DBE Provisions February 2025

REASON FOR REQUEST: (Note: Prime Contractor must explain why the subcontractor that was identified in the Prime

Contractor’s bid is now being modified. Reason must demonstrate that this modification does not violate City of Tucson

Ordinance 9158 as well as Section 28-48(2), Section 28-150(6)(5), Section 28-151.4(1), and Section 28-151.4(2) of the Tucson

Procurement Code. The City seeks to ensure that this request is not being made as a result of “bid shopping” on the part of the

Prime Contractor.)

(attach supporting documentation as necessary)

Signature of Prime Contractor: Date:

*********************************************COT Use Only********************************************

APPROVAL

BUSINESS ENTERPRISE DATE

BUSINESS SERVICES DIRECTOR DATE

19 FHWA DBE Provisions February 2025

Business Services Department

Business Enterprise & Compliance Program (BECP)

Prime Contractor/Consultant Evaluation of Subcontractors/Subconsultants

Date: Prime Contractor/Consultant:

Contract #: Contract Name:

List all subcontractors/subconsultants that performed work on this contract.

Prime contractors/consultants must rate the subcontractor/subconsultant performance on this contract. The rating scale is 1-5, with 5 & 4 above average, 3 average, and 2 or 1 substandard performance. A rating of 1 or 2 will require the completion of the Subcontractor Substandard Performance Report.

Send the completed form to:

City of Tucson, Business Services Department/Business Enterprise & Compliance Program 255 W. Alameda, 6th floor, Tucson, AZ 85701 or email @ ContractorCompliance@tucsonaz.gov

Subcontractor/Subconsultant Firm Name

Rating

Performance Rating 1 - 5

Signature: Date:

Print Name: Title:

Phone Number: Email:

Attachment A – List of Certified DBEs by AZUCP Codes

Business Name Phone Email City State/Province Business Description Commodity Codes/Work Codes with Descriptions

484122 - General Freight Trucking, Long-Distance, Less Than Truckload; 484220 - Dump trucking (e.g., gravel, sand, top-soil); 484220 - Specialized Freight (except Used

A & V Trucking avtruckingcorp@gma Transportation/ Hauling of construction material: sand, rocks, Goods) Trucking, Local; 1121 - Trucking; 2164 - Shipping

Corporation 702-234-4873 il.com NV 89128 gravel, dirt and mainly hot asphalt. agents (freight forwarding)

238110 - Concrete finishing ($19M); 238110 - Concrete pumping (i.e., placement) ($19M); 238110 - Poured Concrete Foundation and Structure Contractors ($19M);

238990 - Concrete paving, residential and commercial support@acs- Commercial concrete flat work subcontractor; NAICS: 238110, driveway and parking area ($19M); 1082 - Pumping -

ACS Concrete, LC 844-384-4345 concrete.net Phoenix AZ 238990 Concrete; 1139 - Concrete Barriers - Finishing 237110 - Utility line (i.e., sewer, water), construction;

238910 - Excavation contractors; 1045 - Excavating -

ACTION PIPELINE action@actionpipelin Grading; 1125 - Utilities - Water & Sewer; 1127 - Water

CONTRACTORS, INC. 520-792-4302 e.com Tucson AZ UNDERGROUND UTILITY, EXCAVATION Lines, Sanitary Sewer and Grubbing (Not Inc. Tree Removal); AZ UCP 1032 Curb, public sidewalk); 237310 - Grading, highway, road, street

Gutter, Sidewalk, Driveways; AZ UCP 1039 Earthwork; AZ UCP and airport runway; 237310 - Parkway construction;

1044 Erosion Control, Seeding; AZ UCP 1045 Excavating - 237310 - Pavement, highway, road, street, bridge or

Grading; AZ UCP 1051 Grading; AZ UCP 1056 Landscape; AZ airport runway, construction; 237310 - Pothole filling, UCP 1090 Road Repair, Pothole Filling, Resurfacing; AZ UCP highway, road, street or bridge; 237310 - Road

1100 Soil Stabilization; AZ UCP 1121 Trucking; AZ UCP 1135 construction; 237310 - Sidewalk, public, construction;

Asphalt Surface Treatments; AZ UCP 1197 Paving - Asphalt - 237310 - Surfacing, highway, road, street, bridge or

Application; AZ UCP 2131 Landscape Design; NAICS 237310 airport runway; 238910 - Backfilling, construction;

Asphalt Paving (I.E., Highway, Road, Street, Public Sidewalk); 238910 - Cutting new rights of way; 238910 - Digging

NAICS 237310 Grading, Highway, Road, Street and Airport foundations; 238910 - Dirt moving for construction;

Runway; NAICS 237310 Parkway Construction; NAICS 237310 238910 - Excavating, earthmoving or land clearing, Pavement, Highway, Road, Street, Bridge or Airport Runway, mining (except overburden removal at open pit mine

Construction; NAICS 237310 Pothole Filling, Highway, Road, sites or quarries); 238910 - Grading construction sites;

Street or Bridge; NAICS 237310 Road Construction; NAICS 238910 - Land clearing; 238910 - Site Preparation

237310 Sidewalk, Public, Construction; NAICS 237310 Contractors; 238910 - Soil compacting; 238910 - Road

Surfacing, Highway, Road, Street, Bridge or Airport Runway; decommissioning; 484220 - Dump trucking (e.g., gravel, NAICS 238910 Backfilling, Construction; NAICS 238910 Cutting sand, top-soil); 484220 - Flatbed trucking, local; 484220 -

New Rights of Way; NAICS 238910 Digging Foundations; NAICS Gravel hauling, local; 484220 - Sand hauling, local;

238910 Dirt Moving for Construction; NAICS 238910

Excavating, Earthmoving or Land Clearing, Mining (except

Overburden Removal at Open Pit Mine Sites of Quarries);

484220 - Top-soil hauling, local; 484220 - Trucking, specialized freight (except used goods), local; 561730 -

Landscape contractors (except construction); 561730 -

NAICS 238910 Grading Construction Sites; NAICS 238910 Land Landscape installation services; 561730 - Plant

Clearing; NAICS 238910 Road Decommissioning; NAICS 238910 maintenance services; 561730 - Seasonal property

AGE General

Engineering Company, Inc. 520-421-2888

SOFIA@AGE-

CONTRACTING.COM Casa Grande AZ

Site Preparation Contractors; NAICS 238910 Soil Compacting;

NAICS 484220 Dump Trucking (e.g., Gravel, Sand, Top Soil);

NAICS 484220 Flatbed Trucking, Local; NAICS 484220 Gravel maintenance services (i.e., snow plowing in winter, landscaping during other seasons); 561730 - Landscaping

Services; 1006 - Asphalt Paving Placement; 1022 -

236210 - Concrete pour back, rebar framing, pinning, drilling, doweling; excavating; 236220 - Concrete pour back, rebar framing, pinning, drilling, doweling; excavating; 237110 -

Sewage collection and disposal line construction; storm sewer construction; 237120 - Distribution line, gas and oil, construction (concrete); 237130 - Tower base construction;

structural drilling, coring; 237310 - Asphalt/Concrete cutting, coring for highways, streets, bridges; concrete pour back;

236210 - Industrial Building Construction; 236220 -

Commercial and Institutional Building Construction;

237110 - Water and Sewer Line and Related Structures

Construction; 237120 - Oil and Gas Pipeline and Related

Structures Construction; 237130 - Power and

Communication Line and Related Structures

Construction; 237310 - Highway, Street, and Bridge

Construction; 237990 - Other Heavy and Civil Engineering

Construction; 238110 - Poured Concrete Foundation and

Structure Contractors; 238120 - Structural Steel and

Precast Concrete Contractors; 238190 - Other

Foundation, Structure, and Building Exterior Contractors;

237990 - Cutting, coring, and pouring concrete, precast cutting 238910 - Equipment rental (except crane), construction, and connecting; Drainage canal and ditch construction; 238110 - with operator; 238910 - Machinery, construction (except Concrete pouring, finishing, repair; 238120 - Concrete product cranes), rental with operator; 238910 - Site Preparation

(e.g., structural precast, structural prestressed) installation; Contractors; 238990 - All Other Specialty Trade

238190 - Forms for poured concrete, erecting and dismantling; Contractors; 488490 - Snow clearing, highways and

238910 - Concrete breaking and cutting for demolition; bridges, road transportation; 488490 - Snow removal, Allstate Concrete mseay@allstateconcr Excavating, earthmoving, or land clearing ; 238990 - Concrete highway; 1025 - Concrete Cutting; 1079 - Precast

Cutting, Inc. 847-973-9752 etecutting.com Ingleside IL sawing and drilling (except demolition); Concrete; 1127 - Water Lines, Sanitary Sewer 237310 - Construction management, highway, road, street and bridge; 541330 - Civil engineering services;

541690 - Hydrology consulting services; 2010 - Civil rmartinez@sib- Civil Engineering, Surveying, Hydrology, Development, Soils Engineering - Building Design; 2019 - Construction

ALR Engineering Inc 520-980-1799 alr.com Rio Rico AZ Engineering, Construction Administration/Supervision Management - Professional Services

236220 - Commercial and Institutional Building Construction; 238120 - Structural Steel and Precast Concrete Contractors; 238140 - Masonry Contractors;

238220 - Plumbing, Heating, and Air-Conditioning Contractors; 238340 - Tile and Terrazzo Contractors;

484220 - Dump trucking (e.g., gravel, sand, top-soil);

484220 - Specialized Freight (except Used Goods) Trucking, Local; 484220 - Trucking, specialized freight (except used goods), local; 1016 - Building Construction - Commercial Building; 1054 - HVAC; 1061 - Masonry; 1074

- Plumbing; 1079 - Precast Concrete; 1105 - Structural

Amazon Masonry, Inc. 702-248-4866 Sandra@amilv.com LAS VEGAS NV Masonry Steel; 1121 - Trucking amftransportaz@gma 484220 - Dump trucking (e.g., gravel, sand, top-soil)

AMF Transport LLC 602-434-6265 il.com Phoenix AZ Dump trucking (transport/haul; gravel, sand, top-soil) ($34M)

Ammex Rebar Placers, ammexrebarplacers

Inc. 480-941-3004 @cox.net Scottsdale AZ placing of reinforcing iron 238120 - Rebar contractors ($19M); 1086 - Rebar

Ajax Barricade

Company ajaxbarricade@gmail.

520-741-8340 com Tucson AZ supplier: rental & sale of traffic control & safety supplies

561990 - Flagging (i.e., traffic control) services; 1115 -

Traffic Control (Not Inc. Law Enforcement) mailto:Sandra@amilv.com

C.B. Davis Co, LLC info@cbdaviscompan

509-404-0234 ies.com WA 99206

Temporary Traffic Control Equipment and Device Rental &

Sales, Temporary Traffic Control Services.

237310 - Sign erection, highway, road, street, or bridge;

453310 - Used merchandise stores (changed in 2022 codeset to 459510); 455219 - All Other General

Merchandise Retailers; 532310 - General rental centers;

532490 - Other Commercial and Industrial Machinery and

Equipment Rental and Leasing; 561990 - Flagging (i.e., traffic control) services; 561990 - All Other Support

Services

238110 - Poured Concrete Foundation and Structure

Contractors; 1023 - Concrete - Structural (bridges, embankments, etc.); 1052 - Grouting (highway); 1082 -

ANAYA CONCRETE anayaconcrete@yaho Pumping - Concrete; 1096 - Shotcrete, Channel Lining, CONSTRUCTION INC 520-623-6208 o.com Sahuarita AZ CONCRETE Slope Paving; 1126 - Walls; 1205 - Shotcrete / Channel

237310 - Culverts, highway, road and street, construction;

237310 - Curbs and street gutters, highway, road and street, construction; 237310 - Guardrail construction;

238990 - Fencing contractors (except electronic containment fencing for pets); 1031 - Culverts; 1033 -

Apache Construction aramirez@valleyfenc Curbs & Gutters - Building/Structures; 1046 - Fencing;

Co., Inc. 505-877-1155 ecompany.com Albuquerque NM install guardrail, cattleguards, and fence 1053 - Guardrail, End Treatments 238110 - Poured Concrete Foundation and Structure Concrete , Concrete paving , Poured Concrete Foundation and Contractors; 238990 - Concrete paving, residential and

Arizona Quality azqualityconcrete@g Structure Contractors , Sidewalk , Slab , Driveway , Curd , commercial driveway and parking area; 1023 - Concrete -

Concrete LLC 520-500-2262 mail.com Tucson AZ Gutters Structural (bridges, embankments, etc.)

ADELACERDA@ASUS SURVEY, ENGINEERING DESIGN & CONSTRUCTION; NAICS

ASUSE INCORPORATED 623-764-7613 E.NET Tempe AZ 541330 541330 - Engineering services

237110 - Utility line (i.e., sewer, water), construction ($45m); 238110 - Shotcrete contractors ($19M); 238910 - Underground utilities (wet & dry), demolition & site clean-up, Demolition contractor ($19m); 484220 - Specialized

Auza & Auza davidauza@auzacont shotcrete, and stormwater pollution prevention plans (SWPPP) Freight (except Used Goods) Trucking, Local ($34M); 1034

Contracting Inc 602-870-6679 racting.com Phoenix AZ management & installation - Demolition/Removal; 1253 - Utility Locating tony@avilamasonry.c

Avila Masonry LLC 623-931-2757 om Glendale AZ Masonry Subcontractor 238140 - Masonry Contractors ($19M); 1061 - Masonry azbarricades@gmail. 561990 - Flagging (i.e., traffic control) services; 1115 -

AZ BARRICADES, LLC 520-331-0949 com tucson AZ Traffic Control Services, Traffic control plans , Flagging Traffic Control (Not Inc. Law Enforcement)

AZ Police Traffic azpoliceservices@gm

561990 - Flagging (i.e., traffic control) services ($16.5M);

Services LLC 623-566-1332 ail.com Peoria AZ Broker - Traffic control 1115 - Traffic Control (Not Inc. Law Enforcement)

Contractors; 238130 - Framework, house, contractors;

238140 - Foundation (e.g., brick, block, stone), building, fred@barconcorp.co contractors; 1032 - Curb, Gutter, Sidewalk, Driveways;

Barcon Corporation 928-425-5426 m Globe AZ excavation, demolition, concrete, & form work 1034 - Demolition/Removal; 1045 - Excavating - Grading 238110 - Poured Concrete Foundation and Structure

BARRON'S CONCRETE j_barronconcrete@liv Contractors; 1023 - Concrete - Structural (bridges, LLC 520-807-1498 e.com TUCSON AZ CONCRETE embankments, etc.)

Best Traffic Solutions, besttrafficsolutions@ Traffic control, lane closures, barricades and shadow truck

LLC 602-554-1250 gmail.com Phoenix AZ services; ; 561990 - Flagging (i.e., traffic control) services Blackironkacie@gmai Provide labor to install steel reinforcement for concrete

Black Iron Steel LLC 626-376-5228 l.com Colorado Springs CO construction projects. 238120 - Rebar contractors; 1086 - Rebar NAICS 237310 Guardrail construction; NAICS 237310 Sign erection, highway, road, street, or bridge ; NAICS 238990

Fence installation (except electronic containment fencing for 237310 - Guardrail construction; 237310 - Sign erection, pets); NAICS 238990 Chain link fence installation [Size highway, road, street, or bridge; 238990 - Chain link fence standard: $16,500,000 annual revenue] ; AZ UCP 1046 Fencing; installation; 238990 - Fence installation (except electronic

Blue Water Safety bluewatersafetysyste AZUCP 1153 Guardrail; AZUCP 1097 Sign Installation (Highway, containment fencing for pets); 1046 - Fencing; 1097 - Sign

Systems 928-453-8299 ms@gmail.com Lake Havasu City AZ Street, Bridge) Installation (Highway, Street, Bridge); 1153 - Guardrail BLUE Enforcement paula@blueenforcem

Services, LLC 480-626-1190 ent.com Queen Creek AZ Traffic…