Common use of COMPLIANCE OF PROVIDER Clause in Contracts

COMPLIANCE OF PROVIDER. To ensure that HUB requirements of this contract are complied with, the Department will monitor the Provider’s efforts to involve HUBs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) submitted to the Business Opportunity Programs Office by the Provider indicating his/her progress in achieving the HUB contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB goal based on actual payments to the HUB subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. (1) Payments to brokers or firms with a brokering type operation will be credited only for the amount of the commission; (2) Payments to a joint venture will not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function; (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments made to a HUB that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold or reduce payments to any HUB without a reason that is accepted as standard industry practice. A HUB prime or subprovider must comply with the terms of the contract or subcontract. Work products, services, and commodities must meet contract specifications whether performed by a prime or subprovider. A Provider’s failure to meet the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation shall constitute a breach of contract. In such a case, the Department reserves the right to issue a letter of reprimand; to deduct the amount of HUB goal not accomplished by HUBs from the money due or to become due the Provider, not as a penalty but as damages to the Department’s HUB program; or such other remedy or remedies as the Department deems appropriate.

COMPLIANCE OF PROVIDER. To ensure that HUB requirements of this contract are complied with, the Department will monitor the Provider’s efforts to involve HUBs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) submitted to the Business Opportunity Programs Office by the Provider indicating his/her progress in achieving the HUB contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB goal based on actual payments to the HUB subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. (1) Payments to brokers or firms with a brokering type operation will be credited only for the amount of the commission; (2) Payments to a joint venture will not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function;; DRAFT (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments made to a HUB that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold or reduce payments to any HUB without a reason that is accepted as standard industry practice. A HUB prime or subprovider must comply with the terms of the contract or subcontract. Work products, services, and commodities must meet contract specifications whether performed by a prime or subprovider. A Provider’s failure to meet the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation shall constitute a breach of contract. In such a case, the Department reserves the right to issue a letter of reprimand; to deduct the amount of HUB goal not accomplished by HUBs from the money due or to become due the Provider, not as a penalty but as damages to the Department’s HUB program; or such other remedy or remedies as the Department deems appropriate.

COMPLIANCE OF PROVIDER. To ensure that HUB DBE requirements of this DOT-assisted contract are complied with, the Authority and/or the Department will monitor the Provider’s efforts to involve HUBs DBEs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor DBE Monthly Progress Assessment Report Reports (Exhibit H-6) Form E-4), submitted to the Business Opportunity Programs Office Authority by the Provider indicating his/her his progress in achieving the HUB DBE contract goal, and by compliance reviews conducted by the Authority or the Department. The State of Texas HUB Subcontracting Plan Prime Contractor DBE Monthly Progress Assessment Report (Exhibit H-6Form E-4) must be submitted at a minimum monthly to the Business Opportunity Programs OfficeAuthority, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB DBE goal based on actual payments to the HUB DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall immediately contact the Authority in writing if he/she withholds or reduces payment to any DBE subprovider. (1) Payments to brokers or firms with a brokering type operation will be credited only A DBE firm is paid but does not assume contractual responsibility for performing the amount of the commissionservice; (2) Payments to a joint venture will A DBE firm does not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs perform a commercially useful function; (43) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments Payment is made to a HUB DBE that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold claimed; (4) Payment is made to a broker or reduce payments to any HUB without a reason that firm with a brokering-type operation; or (5) Partial credit is accepted as standard industry practice. A HUB prime or subprovider must comply with allowed, in the terms amount of the contract fee or subcontract. Work productscommission provided the fee or commission does not exceed that customarily allowed for similar services, for a bona fide service, such as professional, technical, Engineer, or managerial services, and commodities must meet contract specifications whether performed by a prime assistance in the procurement of essential personnel, facilities, equipment, materials, or subprovidersupplies required for performance of the contract. A Provider’s failure to meet comply with the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department Authority reserves the right to issue a letter of reprimandterminate the contract; to deduct the amount of HUB DBE goal not accomplished by HUBs DBEs from the money due or to become due the Provider, not as a penalty but as liquidated damages to the Department’s HUB programAuthority; or such other remedy or remedies as the Department Authority deems appropriate. EXHIBIT G Invoice Template To be provided after execution Contract for Professional Engineering Design Services Exhibit G -- Page 1 183A Phase III Project, Contract No. 19183A24601E EXHIBIT H Confidentiality Agreement I, , hereby agree as follows: (print first and last name) Except as otherwise permitted by this Agreement, I will maintain the confidentiality of any and all information relating to the consideration, study, evaluation, planning, procurement, and development of the that I gain access to. This includes, but is not limited to, proprietary information, information designated confidential by the Central Texas Regional Mobility Authority (Mobility Authority) or by proposer teams, information discussed at meetings or contained in minutes or notes of those meetings, qualification submittals, proposals, information and requests submitted by proposer teams, information regarding project-related cost estimates, proposal prices, alternative technical concepts, project development or financing plans, tolling policies, advanced funding agreements, project development agreements, traffic and revenue data or any other information related to the I will not, without the prior written consent of the Mobility Authority’s Executive Director, or unless ordered by a court of competent jurisdiction or an opinion of the Office of the Attorney General, or as otherwise required by law, disclose any Confidential Information to any person or entity to whom disclosure is not authorized under this Agreement, or use any Confidential Information for any unauthorized purpose. I will only communicate Confidential Information to Mobility Authority employees or consultants retained by the Mobility Authority who have executed a confidentiality agreement in this same or substantially similar form or who are covered under similar confidentiality agreements for the , attorneys employed by the Mobility Authority who have executed a confidentiality agreement in this same or substantially similar form and are representing Mobility Authority’s interests in a matter related to the , persons employed by the Office of the Attorney General who are administering and reviewing requests under the Texas Public Information Act for Confidential Information and who are prohibited by law from disclosing information submitted in response to a request, and members of the Mobility Authority Board of Directors. If contacted by a person to whom disclosure is not authorized with a request for Confidential Information, I will promptly forward such request to the Mobility Authority Director of Engineering. I will also maintain security and control over all documents containing such Confidential Information in my custody. The requirements of this Agreement shall not apply to any disclosure of information that is in the public domain or to any disclosure that is protected under the whistleblower provisions of federal or state law or regulation. Signed: Company/Organization: Date: Contract for Professional Engineering Design Services ATTACHMENT D SUPPLEMENTAL WORK AUTHORIZATION NO. TO WORK AUTHORIZATION NO. CONTRACT FOR ENGINEERING SERVICES THIS SUPPLEMENTAL WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of the Contract for Construction Engineering & Inspection Services (the “Contract”) entered into by and between the Central Texas Regional Mobility Authority (the Authority”) and Xxxxxxxxx Transportation Group, Inc (the “Engineer”) dated ‘ . The following terms and conditions of Work Authorization No. are hereby amended as follows: This Supplemental Work Authorization shall become effective on the date of final execution of the parties hereto. All other terms and conditions of Work Authorization No. not hereby amended are to remain in full force and effect.

COMPLIANCE OF PROVIDER. To ensure that HUB requirements of this contract are complied with, the Department will monitor the Provider’s efforts to involve HUBs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) submitted to the Business Opportunity Programs Office by the Provider indicating his/her progress in achieving the HUB contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB goal based on actual payments to the HUB subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice.. DRAFT (1) Payments to brokers or firms with a brokering type operation will be credited only for the amount of the commission; (2) Payments to a joint venture will not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function; (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments made to a HUB that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold or reduce payments to any HUB without a reason that is accepted as standard industry practice. A HUB prime or subprovider must comply with the terms of the contract or subcontract. Work products, services, and commodities must meet contract specifications whether performed by a prime or subprovider. A Provider’s failure to meet the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation shall constitute a breach of contract. In such a case, the Department reserves the right to issue a letter of reprimand; to deduct the amount of HUB goal not accomplished by HUBs from the money due or to become due the Provider, not as a penalty but as damages to the Department’s HUB program; or such other remedy or remedies as the Department deems appropriate.

COMPLIANCE OF PROVIDER. To ensure that HUB DBE requirements of this DOT-assisted contract are complied with, the Mobility Authority and/or the Department will monitor the Provider’s efforts to involve HUBs DBEs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor DBE Monthly Progress Assessment Report Reports (Exhibit H-6) Form E-4), submitted to the Business Opportunity Programs Office Mobility Authority by the Provider indicating his/her his progress in achieving the HUB DBE contract goal, and by compliance reviews conducted by the Mobility Authority or the Department. The State of Texas HUB Subcontracting Plan Prime Contractor DBE Monthly Progress Assessment Report (Exhibit H-6Form E-4) must be submitted at a minimum monthly to the Business Opportunity Programs OfficeMobility Authority, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB DBE goal based on actual payments to the HUB DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall immediately contact the Mobility Authority in writing if he/she withholds or reduces payment to any DBE subprovider. (1) Payments to brokers or firms with a brokering type operation will be credited only A DBE firm is paid but does not assume contractual responsibility for performing the amount of the commissionservice; (2) Payments to a joint venture will A DBE firm does not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs perform a commercially useful function; (43) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments Payment is made to a HUB DBE that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold claimed; (4) Payment is made to a broker or reduce payments to any HUB without a reason that firm with a brokering-type operation; or (5) Partial credit is accepted as standard industry practice. A HUB prime or subprovider must comply with allowed, in the terms amount of the contract fee or subcontract. Work productscommission provided the fee or commission does not exceed that customarily allowed for similar services, for a bona fide service, such as professional, technical, Engineer, or managerial services, and commodities must meet contract specifications whether performed by a prime assistance in the procurement of essential personnel, facilities, equipment, materials, or subprovidersupplies required for performance of the contract. A Provider’s failure to meet comply with the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department Mobility Authority reserves the right to issue a letter of reprimandterminate the contract; to deduct the amount of HUB DBE goal not accomplished by HUBs DBEs from the money due or to become due the Provider, not as a penalty but as liquidated damages to the Department’s HUB programMobility Authority; or such other remedy or remedies as the Department Mobility Authority deems appropriate.. It is the policy of the DOT, the Central Texas Regional Mobility Authority (the “Mobility Authority”) and the Texas Department of Transportation (the “Department”) that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26, Subpart A and the Department’s Disadvantaged Business Enterprise Program (“DBE Program”), shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds and it is the DOT’s policy that a maximum feasible portion of the Department’s and the Mobility Authority’s overall DBE goal be met using race-neutral means. The Mobility Authority and the Department previously entered into a Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally- Approved Disadvantaged Business Opportunity Program by the Central Texas Regional Mobility Authority (the “MOU”) dated effective February 1, 2007. The MOU provides that the CTRMA has adopted the Department’s DBE Program with the consent of the Federal Highway Administration for contracts financed in whole or in part with Federal funds. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this contract as follows: The Provider will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with federal funds. Race-Neutral DBE participation on projects with no DBE goal should be reported on the Form E-3. Payments to DBEs reported on Form E-3 are subject to the following requirements:

COMPLIANCE OF PROVIDER. To ensure that HUB requirements of this contract are complied with, the Department State will monitor the Provider’s efforts to involve HUBs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) submitted to the Business Opportunity Programs Office by the Provider indicating his/her progress in achieving the HUB contract goal, and by compliance reviews conducted by the DepartmentState. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB goal based on actual payments to the HUB subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. (1) Payments to brokers or firms with a brokering type operation will be credited only for the amount of the commission; (2) Payments to a joint venture will not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function; (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments made to a HUB that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold or reduce payments to any HUB without a reason that is accepted as standard industry practice. A HUB prime or subprovider must comply with the terms of the contract or subcontract. Work products, services, and commodities must meet contract specifications whether performed by a prime or subprovider. A Provider’s failure to meet the HUB goal and failure to demonstrate to the DepartmentState’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation shall constitute a breach of contract. In such a case, the Department State reserves the right to issue a letter of reprimand; to deduct the amount of HUB goal not accomplished by HUBs from the money due or to become due the Provider, not as a penalty but as damages to the DepartmentState’s HUB program; or such other remedy or remedies as the Department State deems appropriate.

COMPLIANCE OF PROVIDER. To ensure that HUB DBE requirements of this DOT-assisted contract are complied with, the Department will monitor the Provider’s efforts to involve HUBs DBEs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Monthly Progress Assessment Report Reports (Exhibit H-6) H-3), submitted to the Department’s Business Opportunity Programs Office by the Provider indicating his/her his progress in achieving the HUB DBE contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Monthly Progress Assessment Report (Exhibit H-6H-3) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. DRAFT The Provider shall receive credit toward the HUB DBE goal based on actual payments to the HUB DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall contact the Department if he/she withholds or reduces payment to any DBE subprovider. (1) Payments to brokers or firms with a brokering type operation will be credited only A DBE firm is paid but does not assume contractual responsibility for performing the amount of the commissionservice; (2) Payments to a joint venture will A DBE firm does not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs perform a commercially useful function; (43) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments Payment is made to a HUB DBE that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold claimed; (4) Payment is made to a broker or reduce payments to any HUB without a reason that firm with a brokering-type operation; (5) Partial credit is accepted as standard industry practice. A HUB prime or subprovider must comply with allowed, in the terms amount of the contract fee or subcontract. Work productscommission provided the fee or commission does not exceed that customarily allowed for similar services, for a bona fide service, such as professional, technical, consultant, or managerial services, and commodities must meet contract specifications whether performed by a prime assistance in the procurement of essential personnel, facilities, equipment, materials, or subprovidersupplies required for performance of the contract. A Provider’s failure to meet comply with the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to issue a letter of reprimandterminate the contract; to deduct the amount of HUB DBE goal not accomplished by HUBs DBEs from the money due or to become due the Provider, not as a penalty but as liquidated damages to the Department’s HUB program; or such other remedy or remedies as the Department deems appropriate.. It is the policy of the U. S. Department of Transportation (DOT) that DBEs as defined in 49 CFR Part 26, Subpart A, be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department’s overall DBE goal be met using race-neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this contract as follows: The Provider will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with federal funds. Race-Neutral DBE participation on projects with no DBE goal should be reported on the Exhibit H-3 Form. Payments to DBEs reported on Exhibit H-3 are subject to the following requirements:

COMPLIANCE OF PROVIDER. To ensure that HUB DBE requirements of this DOT-assisted contract are complied with, the Department will monitor the Provider’s efforts to involve HUBs DBEs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Monthly Progress Assessment Report Reports (Exhibit H-6) H-3), submitted to the Department’s Business Opportunity Programs Office by the Provider indicating his/her his progress in achieving the HUB DBE contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Monthly Progress Assessment Report (Exhibit H-6H-3) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB DBE goal based on actual payments to the HUB DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall contact the Department if he/she withholds or reduces payment to any DBE subprovider. (1) Payments to brokers or firms with a brokering type operation will be credited only A DBE firm is paid but does not assume contractual responsibility for performing the amount of the commissionservice; (2) Payments to A DBE firm does not perform a joint venture will not be credited unless all partners in the joint venture are HUBs;commercially useful function; DRAFT (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function; (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments Payment is made to a HUB DBE that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold claimed; (4) Payment is made to a broker or reduce payments to any HUB without a reason that firm with a brokering-type operation; (5) Partial credit is accepted as standard industry practice. A HUB prime or subprovider must comply with allowed, in the terms amount of the contract fee or subcontract. Work productscommission provided the fee or commission does not exceed that customarily allowed for similar services, for a bona fide service, such as professional, technical, consultant, or managerial services, and commodities must meet contract specifications whether performed by a prime assistance in the procurement of essential personnel, facilities, equipment, materials, or subprovidersupplies required for performance of the contract. A Provider’s failure to meet comply with the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to issue a letter of reprimandterminate the contract; to deduct the amount of HUB DBE goal not accomplished by HUBs DBEs from the money due or to become due the Provider, not as a penalty but as liquidated damages to the Department’s HUB program; or such other remedy or remedies as the Department deems appropriate.. DBE-FED.ATT It is the policy of the U. S. Department of Transportation (DOT) that DBEs as defined in 49 CFR Part 26, Subpart A, be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department’s overall DBE goal be met using race-neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this contract as follows: The Provider will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with federal funds. Race-Neutral DBE participation on projects with no DBE goal should be reported on the Exhibit H-3 Form. Payments to DBEs reported on Exhibit H-3 are subject to the following requirements:

COMPLIANCE OF PROVIDER. To ensure that HUB requirements of this contract are complied with, the Department will monitor the Provider’s efforts to involve HUBs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) submitted to the Business Opportunity Programs Office by the Provider indicating his/her progress in achieving the HUB contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the HUB goal based on actual payments to the HUB subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. (1) Payments to brokers or firms with a brokering type operation will be credited only for the amount of the commission; (2) Payments to a joint venture will not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function; (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for;; DRAFT (5) Payments made to a HUB that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold or reduce payments to any HUB without a reason that is accepted as standard industry practice. A HUB prime or subprovider must comply with the terms of the contract or subcontract. Work products, services, and commodities must meet contract specifications whether performed by a prime or subprovider. A Provider’s failure to meet the HUB goal and failure to demonstrate to the Department’s satisfaction sufficient “Good Faith Effort” on his/her part to obtain HUB participation shall constitute a breach of contract. In such a case, the Department reserves the right to issue a letter of reprimand; to deduct the amount of HUB goal not accomplished by HUBs from the money due or to become due the Provider, not as a penalty but as damages to the Department’s HUB program; or such other remedy or remedies as the Department deems appropriate.