1. BIDDING AS A DBE SUBCONTRACTOR ON UTAH DEPARTMENT OF TRANSPORTATION HIGHWAY CONSTRUCTION PROJECTS

2. Getting Started The following slides are designed to cover the most common questions DBEs have about bidding and working on UDOT highway construction projects.

3. Contractors License Contractors License. Check with the State of Utah Division of Occupational and Professional Licensing http://www.dopl.utah.gov/ Contractors must check to see if their type of work requires a Contractors License. Check with the State of Utah Division of Occupational and Professional Licensing http://www.dopl.utah.gov/http://www.dopl.utah.gov/ –On state or federally-funded projects, bidders must be licensed prior to contract award. –Either way, the sooner you get licensed, the better!

4. State of Utah Department of Commerce Contractor Registration Contractor Registration ActThe 2006 Contractor Registration Act now requires all contractors working in Utah to register. https://www.uscontractorregistration.com/ https://www.uscontractorregistration.com/ Failure for non-exempt contractors to register invokes penalties including loss of lien rights, contract rights & fines. Utah Dept. of CommerceTo find out more about this requirement visit the Utah Dept. of Commerce website at http://dopl.utah.gov/ Phone (801) 530-6628http://dopl.utah.gov/

5. DBE WORK-TYPES DBE’s are only allowed to perform work in the specific work they have been certified to perform. Their work- types will be listed in the UUCP DBE Directory. http://www.udot.utah.gov/main/uconowner.gf?n=1120 2931999528474 http://www.udot.utah.gov/main/uconowner.gf?n=1120 2931999528474 If the DBE wants to expand its work-type, they need to contact the UUCP office that maintains their file and show that they have the technical expertise and the resources to perform the work they would like to add.

6. DBE Project Goals Federally-funded projects have DBE Project Goals. Race Conscious Goals (greater than 0%, e.g. 4%) –To be awarded the project, the prime contractor either must meet the goal for subcontracting a certain percentage of the work to DBEs, or make a Good Faith Effort to do so. Race Neutral Goals (0.0%) –To be awarded the project, if the prime contractor intends to sublet any line item that DBE’s can perform, they are required to contact DBE’s and make a Good Faith Effort to utilize DBE’s.

7. UDOT Projects for Bid UDOT HAS WEEKLY BID OPENINGS http://www.udot.utah.gov/main/f?p=100:pg:0::::V,T:,315 The above web site will list current projects for bid, DBE Goal, notice to contractors, bid items, plan sets, planholders list (prime bidders have a B in front of their names), project specifications and addendums. Fax your sub-quote to the prime bidders. UDOT has designed an electronic bidding system (EBS). If you will be bidding as a prime contractor in the future, it is recommended that you take the EBS training (upper right-hand corner of web site). Information on the training is located on the above mentioned web site. Prequalification is mandatory for bidding as prime contractor if the project engineers estimate is $500,000 or more.

8. Plans & Specifications If you’re considering bidding on a UDOT project, you can obtain a set of FREE project plans & specifications from DBE Supportive Services, phone 965-4100, or download them off the internet. http://eprpw.dot.utah.gov/applets- production/ProjectExplorer/ProjectExplorer.asp http://eprpw.dot.utah.gov/applets- production/ProjectExplorer/ProjectExplorer.asp You may pick them up in our UDOT Headquarters Building, 4 th floor Construction Division, front desk. (4501 S. 2700 W., Salt Lake City).

9. DBE Certification Does Not Guarantee Work! Projects have Goals, NOT Quotas or set-asides. The prime contractor decides what kind of work items to use to meet the project goal. You must still market yourself aggressively & persuasively. You must compete with other DBEs. If you’re unwilling or unable to perform on a project, you can be terminated from the project & replaced with another DBE.

10. Invitations to Bid It is very important that you have a fax machine! Invitations to BidOften, prime contractors seeking DBE subcontractors on specific projects will send DBE’s Invitations to Bid. Don’t wait for the prime to contact you, be pro-active and contact the prime and let them know you are ready, willing and able to perform the work, and will be submitting your bid.

11. Project Bid Results After bid opening, you can view the bid results usually by 2:30 pm. Check out the competition’s numbers! –Bid abstracts can be viewed at: http://www.udot.utah.gov/index.php/m=c/tid=320

12. DBE Statement of Commitment Confirmation Statement of DBE Commitment ConfirmationIf the prime contractor used your DBE firm in its bid, within three days after bid opening, the prime will fax you a Statement of DBE Commitment Confirmation. When signing this statement, you will be confirming that you will commit to perform the specific work items for the dollars specified in the commitment confirmation statement. You will sign the commitment confirmation statement and fax it back to the prime. The prime will fax it to UDOT Civil Rights office within three days of bid opening.

13. UDOT Specifications for Highway Construction UDOT Standard and Supplemental SpecificationsView or Download UDOT Standard and Supplemental Specifications: http://www.udot.utah.gov/main//f?p=100:pg:0:::1:T,V:3 686 http://www.udot.utah.gov/main//f?p=100:pg:0:::1:T,V:3 686, The specifications and supplementals give explicit specifications & standards for every phase of construction.

14. Commercially Useful Function (CUF) Commercially Useful Functions (CUFs)In order for a prime to receive credit towards the project’s DBE goal, DBEs must perform Commercially Useful Functions (CUFs). DBE credit can be given only for areas in which DBEs are certified and licensed. If the Resident Engineer determines that a DBE is NOT performing a CUF, the prime will be required to remedy the violation.

15. Performing a CUF The work you’re subcontracted to perform might reasonably be subcontracted to any firm (in other words, you’re not an inactive “pass-through”). You must order and pay for your own materials/supplies. You must employ your own separate work force. You must control & supervise your work. You may second-tier subcontract to another DBE firm and the entire amount will count toward the project goal. –None of the work you second-tier subcontract out to non-DBE firms counts towards the project DBE goal (for example, if your subcontract is for $100,000, and you second-tier subcontract $20,000 of it to a non- DBE firm, only $80,000 counts towards the DBE goal.)

16. DBE Truckers A DBE Trucking Firm: To begin with, must own & operate at least 1 fully licensed, insured & operational truck used on the contract. Receives credit for the total value of the transportation services it provides using trucks it owns, insures & operates, using drivers it employs. Receives credit for the total value of services for trucks it leases from other DBE firms (including DBE owner/ operators). Receives credit for the total value of services for trucks leased from non-DBE firms not to exceed the value of services provided by DBE-owned trucks. Receives credit only for the fee or commission for additional truck lease arrangements with non-DBE firms.

17. DBE Truckers Example: Example: On a contract, DBE Firm X uses 2 of its own trucks plus It leases 2 trucks from DBE Firm Y plus It leases 6 trucks from non-DBE Firm Z

18. DBE Truckers DBE credit would be awarded for the total value of transportation services provided by DBE Firm X and DBE Firm Y, and also for the total value of transportation services provided by 4 of the 6 Non- DBE Firm Z trucks. + Allowable Non-DBE = In all, full credit would be allowed for the participation of eight trucks.

19. DBE Truckers As for the remaining 2 trucks provided by Non- DBE Firm Z, DBE credit could be awarded only for the fees or commissions DBE Firm X receives as a result of the truck lease with Non- DBE Firm Z. Net Fee Only

20. Prompt Payment When you are working as a subcontractor on a federally-funded UDOT construction project, the prime contractor must pay you for satisfactory performance on your work items no later than 10 work days from the time UDOT pays the prime for the work.

21. Retainage Retainage will be paid upon subcontractors satisfactory completion of work and acceptance by UDOT. Subcontractor gives written notification to the Project Engineer that they have completed their work. Engineer schedules inspection within 3 working days. After receipt of payment from UDOT, Prime pays retainage to subcontractor within 30 calendar days.

22. Bidding as a DBE in other States There are good bid opportunities in neighboring states, too. However, to be counted as a DBE in those states, you must be certified in them. When you applied for DBE certification in Utah, you filled out a Unified Program Certification Application, which is used by all states! It is recommended that you keep a copy of your application in case you want to apply in other states. Send a copy of you application to the state in which you’re interested in becoming certified. For DBE Certification Contact information in other states, visit: http://www.dot.gov/osdbu/disadvantaged-business-enterprise/state-dbe-liasions-and- certification-officers http://www.dot.gov/osdbu/disadvantaged-business-enterprise/state-dbe-liasions-and- certification-officers The state in which you’re applying will probably require updated financial information & possibly other information. The DBE Certification Officer will contact our office for a copy of your on-site review.

23. Civil Rights Office Contact Information http://www.udot.utah.gov/index.php/m=c/tid=198 This web site has information on the DBE program. Stacy Frandsen, Contract, Compliance and Certification Manager Email: sfrandsen@utah.gov Phone: 801-965-4344sfrandsen@utah.gov Tori Gagon, Deputy Contract, Compliance and Certification Manager Email: tgagon@utah.gov Phone: 801-965-4740tgagon@utah.gov Judy Romrell, DBE Coordinator, Certifying Official Email: jromrell@utah.gov Phone: 801-965-4208jromrell@utah.gov Sheri Uffens, EEO/Labor Compliance Specialist Email: suffens@utah.gov Phone: 801-965-4695suffens@utah.gov