Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense: (a) Labor, equipment, or materials; (b) Supervision; (c) Ordering materials for the DBE from their suppliers; (d) Fuel; and (e) Any other item one would reasonably expect a viable subcontractor to provide for themselves. (2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where: (a) The safety of workers and the public is at risk; (b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and (c) The traveling public will be seriously impacted, and excessive travel delays incurred. (3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report. (4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment. (5) Joint Checks for DBEs (a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name]. (b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 will remain on file for audit purposes. (c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 15 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (29.h(2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- non-DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 6 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (29.h(2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- non-DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 5 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Assistance to DBEs. (1) Without prior written approval from the Department [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term [Insert DB Contractor Name] shall refer to 49, CFR Part 26, Appendix A related to assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselvesDBEs.
(2) The only exceptions Exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is Project Manager’s designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediatelyin writing within 24 hours of the emergency. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report, and reported in the Department’s CMTS.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 2804 “Request to Use Joint Checks (For Federally-Assisted Projects)” signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 2804 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 2804 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;.
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and.
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h 9h (2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- non-DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;.
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and.
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h 9h (2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- non-DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] Lone Star Constructors, NEX shall not provide any assistance to the DBE in the general performance of its work. The term LSC shall refer to 49, CFR Part 26, Appendix A related to assistance is defined in the broadest possible senseto DBEs.:
(a) Labor, equipment, or materials;
(b) Supervision;; DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselvesforthemselves.
(2) The only exceptions Exceptions permitted by specification and allowed by [Insert DB Contractor Name] are Lone Star Constructors, NEX include as appropriate making use of GFE allowances in 49 CFR Part 26 Appendix A with prior Departmental approval, and under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is Project Manager’s designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediatelyin writing within 24 hours of the emergency. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE TheDBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress reportreport and reported in the Department’s CMTS.
(4) [Insert DB Contractor Name] Lone Star Constructors, NEX serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name]Lone Star Constructors, the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound providessound legal protection for [Insert DB Contractor Name]LSC.
(b) Prior to any joint check being issued, its use must be approved by the Department. .LSC CFO will prepare a request using the Department’s Form 2178 2804 Request to Use Joint Checks (For Federally-Assisted Projects) signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or emailthrough the Project Electronic Management System (EDMS). Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 2804 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. i.e., US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 will be 2804 willbe followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE theDBE be required to endorse the check on our premises for [Insert DB Contractor Name] Lone Star Constructors, NEX direct mailing to the supplier.. DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8
Appears in 1 contract
Samples: Design Build Agreement
Assistance to DBEs. (1) Without prior written approval from the Department, [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term [Insert DB Contractor Name] shall refer to 49, CFR Part 26, Appendix A related to assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselvesDBEs.
(2) The only exceptions Exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediatelyin writing within 24 hours of the emergency. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report, and reported in the Department’s CMTS.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 2804 “Request to Use Joint Checks (For Federally-Assisted Projects)” signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 2804 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 2804 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] direct mailing to the supplier.
Appears in 1 contract
Samples: Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] SPC shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselvesforthemselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] SPC are under emergency conditions where:: DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. i.e., lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediatelyin writing within 24 hours. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report.
(4) [Insert DB Contractor Name] SPC serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name]SPC, the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) SPC Project Controller must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name]SPC.
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO .TheSPC Project Controller will prepare a request using the Department’s Form 2178 2804 signed by the DBE Liaison DBELiaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 2804 will remain on file for audit purposes.
(c) CFO The SPC Project Controller prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 2804 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] SPC direct mailing to the supplier.
Appears in 1 contract
Samples: Design Build Agreement
Assistance to DBEs. (1) [Insert DB Contractor Name] Lone Star Constructors shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselvesforthemselves.
(2) The only exceptions Exceptions permitted by specification and allowed by [Insert DB Contractor Name] are Lone Star Constructors include as appropriate making use of GFE allowances in Appendix A with prior Departmental approval, and under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456
(3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is Project Manager’s designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE TheDBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report, and reported in the approved Department’s reporting system as part of the comments.
(4) [Insert DB Contractor Name] Lone Star Constructors serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name]Lone Star Constructors, the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound providessound legal protection for [Insert DB Contractor Name]Lone Star Constructors.
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 2804 signed by the DBE Liaison DBELiaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 2804 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a manner requested by the DBE (i.e. US Mail, Fed-Ex, etc.) All requirements shown on Department Form 2178 2804 will be followed as well as those outlined in governing laws, rules, and regulations. Under no circumstances will the check be mailed directly to the supplier or will the DBE be required to endorse the check on our premises for [Insert DB Contractor Name] Lone Star Constructors direct mailing to the supplier.
Appears in 1 contract
Samples: Design Build Agreement