KLB Construction Inc 11/20/2018 - Laserfiche WebLink

I 1 Joint Checking 1 2 A joint check is a check between a Subcontractor and the Contractor to the 3 supplier of materials/supplies. The check is issued by the Contractor as payer to 4 the Subcontractor and the material supplier jointly for items to be incorporated into 5 the project. The DBE must release the check to the supplier, while the Contractor 6 acts solely as the guarantor. 7 8 A joint check agreement must be approved by the Engineer and requested by the 9 DBE involved using the DBE Joint Check Request Form (form #272-053) prior to 10 its use. The form must accompany the DBE Joint Check Agreement between the 11 parties involved, including the conditions of the arrangement and expected use of 12 the joint checks. 13I 14 The approval to use joint checks and the use will be closely monitored by the 15 Engineer. To receive DBE credit for performing a CUF with respect to obtaining 16 materials and supplies, a DBE must "be responsible for negotiating price, I 17 determining quality and quantity, ordering the material and installing and paying 18 for the material itself." The Contractor shall submit DBE Joint Check Request 19 Form for the Engineer approval prior to using a joint check. 20 21 Material costs paid by the Contractor directly to the material supplier is not 22 allowed. If proper procedures are not followed or the Engineer determines that 23 the arrangement results in lack of independence for the DBE involved, no DBE 24 credit will be given for the DBE's participation as it relates to the material cost. 25 26 Prompt Payment 27 Prompt payment to all subcontractors shall be in accordance with Section 1-08.1. 28 Prompt Payment requirements apply to progress payments as well as return of 29 retainage. I 30 31 Reporting 32 The Contractor and all subcontractors/suppliers/service providers that utilize I 33 DBEs to perform work on the project, shall maintain appropriate records that will 34 enable the Engineer to verify DBE participation throughout the life of the project. 35 I 36 Refer to Section 1-08.1 for additional reporting requirements associated with this 37 Contract. 38 39 Decertification 40 When a DBE is "decertified" from the DBE program during the course of the 41 Contract, the participation of that DBE shall continue to count as DBE participation 42 as long as the subcontract with the DBE was executed prior to the decertification 43 notice. The Contractor is obligated to substitute when a DBE does not have an 44 executed subcontract agreement at the time of decertification. 45 46 Consequences of Non-Compliance 47 Each contract with a Contractor (and each subcontract the Contractor signs with a 48 Subcontractor) must include the following assurance clause: 49 WEST MARINE VIEW DRIVE UTILITIES PAGE 45 OF 117 August 2018 WORK ORDER#3588 SPECIAL PROVISIONS I