Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 46 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 • The DBE is ineligible to work on public works projects because of 1 suspension and debarment proceedings pursuant to federal law or 2 applicable State law. 3 4 • The DBE is ineligible to receive DBE credit for the type of work 5 involved. 6 7 • The DBE voluntarily withdraws from the project and provides written 8 notice of its withdrawal. 9 10 • The DBE’s work is deemed unsatisfactory by the Engineer and not in 11 compliance with the Contract. 12 13 • The DBE’s owner dies or becomes disabled with the result that the DBE 14 is unable to complete its Work on the Contract. 15 16 Good cause does not exist if: 17 18 • The Contractor seeks to terminate a COA DBE so that the Contractor 19 can self-perform the Work. 20 21 • The Contractor seeks to terminate a COA DBE so the Contractor can 22 substitute another DBE contractor or non -DBE contractor after 23 Contract Award. 24 25 • The failure or refusal of the COA DBE to perform its Work on the 26 subcontract results from the bad faith or discriminatory action of the 27 Contractor (e.g., the failure of the Contractor to make timely payments 28 or the unnecessary placing of obstacles in the path of the DBE’s Work). 29 30 31 32 Decertification 33 When a DBE is “decertified” from the DBE program during the course of the 34 Contract, the participation of that DBE shall continue to count as DBE 35 participation as long as the subcontract with the DBE was executed prior to the 36 decertification notice. The Contractor is obligated to substitute when a DBE does 37 not have an executed subcontract agreement at the time of decertification. 38 39 Consequences of Non-Compliance 40 Breach of Contract 41 Each contract with a Contractor (and each subcontract the Contractor signs with 42 a Subcontractor) must include the following assurance clause: 43 44 The Contractor, subrecipient, or Subcontractor shall not discriminate on the 45 basis of race, color, national origin, or sex in the performance of this contract. 46 The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the 47 award and administration of DOT-assisted contracts. Failure by the Contractor 48 to carry out these requirements is a material breach of this Contract, which may 49 result in the termination of this Contract or such other remedy as the recipient 50 deems appropriate, which may include, but is not limited to: 51 52