Common use of Monitoring and Enforcement Mechanisms Clause in Contracts

Monitoring and Enforcement Mechanisms. TxDOT will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26: Monitoring Mechanisms-To ensure that DBE requirements of the DOT assisted contract are complied with, the Department will monitor the Contractors efforts to involve DBEs during the performance of the 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. The DBE Special Provision 000-461 – Attachment 2 is included in all federal-aid projects and outlines the monitoring mechanism for compliance with 49 CFR Part 26. Enforcement mechanisms- A Contractor’s failure to comply with the requirements of the DBE Special Provision 000-461 — Attachment 2 shall constitute a material breach of the federal-aid 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. [As amended at 65 FR 68951 Nov 15, 2000, 68 FR 35554, June 16, 2003]