Common use of Compliance of Contractor Clause in Contracts

Compliance of Contractor. a. To ensure that DBE requirements of this DOT assisted contract are complied with, the Department will monitor the Contractor’s efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted on the project site by the Department. b. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Area Engineer if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments prior to receiving final payment for the contract. c. Contractors’ requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to approval of the substitution from the Department. d. The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime contractor or its affiliates is not allowed. e. When a DBE subcontractor, named in the commitment under Section f. A Contractor’s failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate.

Compliance of Contractor. a. To ensure that DBE requirements of this DOT assisted contract Contract are complied with, the Department will monitor the Contractor’s efforts to involve DBEs during the performance of this contractContract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE contract Contract goal, and by compliance reviews conducted on the project site by the Department. b. . The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Area Engineer if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments prior to before receiving final payment for the contract. c. Contract. Contractors’ requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to before approval of the substitution from the Department. d. . The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime contractor Contractor or its affiliates is not allowed. e. . When a DBE subcontractor, subcontractor named in the commitment under Section f. Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the Contract for any reason, the prime Contractor is required to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal. A Contractor’s failure to comply with the requirements of this Special Provision shall constitute a material breach of this contractContract. In such a case, the Department reserves the right to terminate the contractContract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate. Forward Form 2371, “DBE Trucking Credit Worksheet,” completed by the DBE trucker every month DBE credit is used.