McCann Construction Enterprises Inc 11/7/2018

I 1 materials and supplies, a DBE must "be responsible for negotiating price, 2 determining quality and quantity, ordering the material and installing and paying 3 for the material itself." The Contractor shall submit DBE Joint Check Request 4 Form for the Engineer approval prior to using a joint check. 5 6 Material costs paid by the Contractor directly to the material supplier is not 7 allowed. If proper procedures are not followed or the Engineer determines that 8 the arrangement results in lack of independence for the DBE involved, no DBE 9 credit will be given for the DBE's participation as it relates to the material cost. 10 11 Prompt Payment 12 Prompt payment to all subcontractors shall be in accordance with Section 1- 13 08.1. Prompt Payment requirements apply to progress payments as well as 14 return of retainage. 15 16 Reporting 17 The Contractor and all subcontractors/suppliers/service providers that utilize 18 DBEs to perform work on the project, shall maintain appropriate records that will 19 enable the Engineer to verify DBE participation throughout the life of the project. 20 21 Refer to Section 1-08.1 for additional reporting requirements associated with 22 this Contract. 23 24 Decertification 25 When a DBE is "decertified" from the DBE program during the course of the 26 Contract, the participation of that DBE shall continue to count as DBE 27 participation as long as the subcontract with the DBE was executed prior to the 28 decertification notice. The Contractor is obligated to substitute when a DBE 29 does not have an executed subcontract agreement at the time of decertification. 30 31 Consequences of Non-Compliance 32 Each contract with a Contractor(and each subcontract the Contractor signs with 33 a Subcontractor) must include the following assurance clause: 34 35 The Contractor, subrecipient, or Subcontractor shall not discriminate on the 36 basis of race, color, national origin, or sex in the performance of this contract. 37 The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the 38 award and administration of DOT-assisted contracts. Failure by the Contractor 39 to carry out these requirements is a material breach of this contract, which may 40 result in the termination of this contract or such other remedy as the recipient 41 deems appropriate, which may include, but is not limited to: 42 111 43 (1) Withholding monthly progress payments; 44 45 (2) Assessing sanctions; 46 47 (3) Liquidated damages; and/or 48 49 (4) Disqualifying the Contractor from future bidding as non-responsible. 50 111 N. BROADWAY TRANSIT IMPROVEMENT PROJECT STATE FUND#GCB2316; COE WO#3644 44 August 8, 2018