Combined Construction Inc. 7/22/2020

1 Contractor Proposed DBE Substitutions 2 Requests to substitute a COA UDBE must be for good cause (see UDBE 3 termination process below), and requires prior written approval of the Engineer. g 4 After receiving a termination with good cause approval, the Contractor may only 5 replace a UDBE with another certified UDBE. When any changes between 6 Contract Award and Execution result in a substitution of COA UDBE, the I 7 substitute UDBE shall be certified prior to the bid opening on the Contract. 8 9 UDBE Termination 10 Termination of a COA UDBE (or an approved substitute UDBE) is only allowed 11 in whole or in part with prior written approval of the Engineer. If the Contractor 12 terminates a COA UDBE without the written approval of the Engineer, the 13 Contractor shall not be entitled to credit towards the UDBE COA Goal for any 14 payment for work or material performed/supplied by the COA UDBE. In addition, 15 sanctions may apply as described elsewhere in this specification. 16 17 The Contractor must have good cause to terminate a COA UDBE. 18 19 Good cause typically includes situations where the UDBE Subcontractor is I 20 unable or unwilling to perform the work of its subcontract. Good cause may exist 21 if: 22 23 • The UDBE fails or refuses to execute a written contract. 24 25 • The UDBE fails or refuses to perform the Work of its subcontract in a 26 way consistent with normal industry standards. 27 28 • The UDBE fails or refuses to meet the Contractor's reasonable 29 nondiscriminatory bond requirements. 30 31 • The UDBE becomes bankrupt, insolvent, or exhibits credit 32 unworthiness. I 33 34 • The UDBE is ineligible to work on public works projects because of 35 suspension and debarment proceedings pursuant to federal law or I 36 applicable State law. 37 38 • The UDBE voluntarily withdraws from the project, and provides written I 39 notice of its withdrawal. 40 41 • The UDBE's work is deemed unsatisfactory by the Engineer and not in 42 compliance with the Contract. 43 44 • The UDBE's owner dies or becomes disabled with the result that the 45 UDBE is unable to complete its Work on the Contract. 46 47 Good cause does not exist if: 48 1 49 • The Contractor seeks to terminate a COA UDBE so that the Contractor 50 can self-perform the Work. 51 I I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 48 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)