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AMENDMENT NO. 1 TO
CITY SECRETARY CONTRACT NO. 48983
A CONSTRUCTION AGREEMENT
FOR
2 Signal and Street Light Improvements Unit Price Construction Contract
This Amendment is entered into by and between the City of Fort Worth ("City"), and
Bean Electrical, Inc. ("Contractor").
WHEREAS, the parties have previously entered into City of Fort Worth City Secretary
Contract No. 48983 (the "Contract"), authorized by M&C C-28146, which was effective on
March 7, 2017; and
WHEREAS, the Contract involves construction of traffic signals and street lights on a
task order basis; and
WHEREAS, the City and Contractor now desire to amend the original Contract to
include Texas Department of Transportation ("TxDOT") Disadvantaged Business Enterprise
(DBE) special provisions to be applicable for State or Federally funded task orders.
NOW, THEREFORE, City and Contractor, acting herein by the through their duly
authorized representatives, enter into the following agreement which amends the contract:
1.
Section 00 45 40 is amended to add the following provisions related to state issued DBE
requirements:
1. Description
The purpose of this Special Provision is to carry out the U.S. Department of
Transportation's (DOT) policy of ensuring nondiscrimination in the award and
administration of DOT assisted Contracts and creating a level playing field on which
firms owned and controlled by individuals who are determined to be socially and
economically disadvantaged can compete fairly for DOT assisted Contracts. If the DBE
goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal Aid
Contracts", of this Special Provision shall apply to this Contract. If there is no DBE goal,
Article B, "Race Neutral DBE Participation," of this Special Provision will apply to this
Contract. The percentage goal for DBE participation in the work to be performed under
this Contract will be determined by the City on a per task order basis.
1.1. Article A. Disadvantaged Business Enterprise in Federal Aid Con
OFFICIAL RECORD
CITY SECRETARY
PT.WORTH,TX
1.1.1. Policy. It is the policy of the DOT and TxDOT that DBEs, as defined in
49 CFR Part 26, Subpart A and the Department's DBE Program, shall
have the opportunity to participate in the performance of Contracts
financed in whole or in part with Federal funds. The DBE requirements of
49 CFR Part 26, and the Department's DBE Program, apply to this
Contract as follows:
1.1.1.1. The Contractor will solicit DBEs through reasonable and
available means, as defined in 49 CFR Part 26, Appendix A and
the Department's DBE Program, or show a good faith effort to
meet the DBE goal for this Contract.
1.1.1.2. The Contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this Contract. The Contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted Contracts. Failure by the
Contractor to carry out these requirements is a material breach of
this Contract, which may result in the termination of this
Contract or such other remedy as the recipient deems
appropriate.
1.1.1.3. The requirements of this Special Provision shall be physically
included in any subcontract.
1.1.1.4. By signing the task order, the Contractor is certifying that the
DBE goal assigned by the City for the task order will be met by
obtaining commitments from eligible DBEs or that the
Contractor will provide acceptable evidence of good faith effort
to meet the commitment. The City will determine the adequacy
of a Contractor's efforts to meet the Contract goal, within 10
business days, excluding national holidays, from receipt of the
information outlined in this Special Provision under Section
1.1.3., "Contractor's Responsibilities." If the requirements of
Section 1.A.3 are met, the conditional situation will be removed
and the Contract will be forwarded to the Contractor for
execution.
1.1.2. Definitions
1.1.2.1. "Broker" is an intermediary or middleman that does not take
possession of a commodity or act as a regular dealer selling to
the public.
1.1.2.2. "Disadvantaged Business Enterprise" or "DBE" is defined in the
standard specifications, Article 1, Definition of Terms.
1.1.2.3. "DBE Joint Venture" means an association of a DBE firm and 1
or more other firm(s) to carry out a single business enterprise for
profit for which purpose they combine their property, capital,
efforts, skills and knowledge, and in which the DBE is
Amendment No. 1 to CSC No.48983
Page 2 of 16
responsible for a distinct, clearly defined portion of the work of
the Contract and whose share in the capital contribution, control,
management, risks, and profits of the joint venture are
commensurate with its ownership interest.
1.1.2.4. "DOT" means the U.S. Department of Transportation, including
the Office of the Secretary, the Federal Highway Administration
(FHWA),the Federal Transit Administration (FTA), and the
Federal Aviation Administration(FAA).
1.1.2.5. "Federal Aid Contract" is any Contract between the Owner and a
Contractor which is paid for in whole or in part with DOT
financial assistance.
1.1.2.6. "Good Faith Effort"means efforts to achieve a DBE goal or
other requirement of this Special Provision which, by their scope,
intensity, and appropriateness to the objective, can reasonably be
expected to fulfill the program requirement.
1.1.2.7. "Manufacturer" is a firm that operates or maintains a factory or
establishment that produces, on the premises, the materials,
supplies, articles, or equipment required under the Contract and
of the general character described by the specifications."
1.1.2.8. "Race-conscious" means a measure or program that is focused
specifically on assisting only DBEs, including women-owned
businesses.
1.1.2.9. "Race-neutral DBE Participation"means any participation by a
DBE through customary competitive procurement procedures.
1.1.2.10. "Regular Dealer" is a firm that owns, operates, or maintains a
store, warehouse, or other establishment in which the materials,
supplies, articles or equipment of the general character
described by the specifications and required under the Contract
are bought,kept in stock, and regularly sold or leased to the
public in the usual course of business. To be a regular dealer,
the firm must be an established, regular business that engages
in, as its principal business and under its own name,the
purchase and sale or lease of the products in question.
A regular dealer in such bulk items as steel, cement, gravel,
stone, and petroleum products need not keep such products in
stock if it owns and operates distribution equipment for the
products. Any supplementing of regular dealer's own
distribution equipment shall be by a long-term lease agreement
and not on an ad hoc or contract-by-contract basis. Brokers,
packagers, manufacturers' representatives, or other persons
who arrange or expedite transactions shall not be regarded as a
regular dealer.
Amendment No. 1 to CSC No.48983
Page 3 of 16
1.1.2.11. "Texas Unified Certification Program" or"TUCP"provides
one-stop shopping to applicants for certification, such that
applicants are required to apply only once for a DBE
certification that will be honored by all recipients of federal
funds in the state. The TUCP by Memorandum of Agreement
established six member entities to serve as certifying agents for
Texas in specified regions.
1.1.3. Contractor's Responsibilities. These requirements must be satisfied by
the Contractor.
1.1.3.1. After conditional award of the Contract, the Contractor shall
submit a completed Form SMS.4901 "DBE Commitment
Agreement", From SMS 4901-T "DBE Trucking Commitment
Agreement", or Form SMS.4901-MS "DBE Material & Supplier
Commitment Agreement" for each DBE he/she intends to use to
satisfy the DBE goal or a good faith effort to explain why the
goal could not be reached. Provide these forms to the Owner so
as to arrive not later than 5:00 p.m. on the 10th business day,
excluding national holidays, after the conditional award of the
Contract. When requested, additional time, not to exceed 7
business days, excluding national holidays, may be granted based
on documentation submitted by the Contractor.
1.1.3.2. DBE prime Contractors may receive credit toward the DBE, goal
for work performed by his/her own forces and work
subcontracted to DBEs. A DBE prime must make a good faith
effort to meet the goals. In the event a DBE prime subcontracts
to a non-DBE, that information must be reported on Form
SMS.4902.
1.1.3.3. A Contractor who cannot meet the Contract goal, in whole or in
part, shall make adequate good faith efforts to obtain DBE
participation as so stated and defined in 49 CFR Part 26,
Appendix A. The following is a list of the types of action t11at
may be considered as good faith efforts. It is not intended to be a
mandatory checklist, nor is it intended to be exclusive or
exhaustive. Other factors or types of efforts may be relevant in
appropriate cases.
1.1.3.3.1. Soliciting through all reasonable and available means
(e.g. attendance at prebid meetings, advertising,
and/or written notices) the interest of all certified
DBEs who have the capability to perform the work of
the Contract. The solicitation must be done within
sufficient time to allow the DBEs to respond to it.
Appropriate steps must be taken to follow up initial
Amendment No. 1 to CSC No.48983
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solicitations to determine, with certainty, if the DBEs
are interested.
1.1.3.3.2. Selecting portions of the work to be performed by
DBEs in order to increase the likelihood that the DBE
goals will be achieved. This includes, where
appropriate, breaking out Contract work items into
economically feasible units to facilitate DBE
participation, even when the Contractor might
otherwise prefer to perform the work items with its
own forces.
1.1.3.3.3. Providing interested DBEs with adequate information
about the plans, specifications, and requirements of
the Contract in a timely manner to assist them in
responding to a solicitation.
1.1.3.3.4. Negotiating in good faith with interested DBEs to
make a portion of the work available to DBE
subcontractors and suppliers and select those portions
of the work or material needs consistent with the
available DBE subcontractors and suppliers, so as to
facilitate DBE participation. Evidence of such
negotiations includes the names, addresses, and
telephone numbers of DBEs that were considered; a
description of the information provided regarding the
plans and specifications for the work selected for
subcontracting; and evidence as to why additional
agreements could not be reached for DBEs to perform
the work.
1.1.3.3.5. A Bidder using good business judgment would
consider a number of factors in negotiating with
subcontractors, including DBE subcontractors, and
would take a firm price and capabilities as well as
Contract goals into consideration. However, the fact
that there may be some additional cost involved in
finding and using DBEs is not in itself sufficient
reason for a bidders failure to meet the Contract DBE
goal as long as such cost are reasonable. Also, the
ability or desire of the Contractor to perform the work
of the Contract with its own organization does not
relieve the Bidder of the responsibility to make good
faith effort. Contractors are not, however, required to
accept higher quotes from DBEs if the price
difference is excessive or unreasonable.
1.1.3.3.6. Not rejecting DBEs as being unqualified without
sound reasons based on a thorough investigation of
Amendment No. 1 to CSC No.48983
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their capabilities. The Contractor's standing within
its industry, membership in specific groups,
organizations, or associations and political or social
affiliations (for example union vs. non-union
employee status) are not legitimate cause for the
rejection or non-solicitation of bids and the
Contractors efforts to meet the project goal.
1.1.3.3.7. Making efforts to assist interested DBEs in obtaining
bonding, lines of credit, or insurance as required by
the recipient or Contractor.
1.1.3.3.8. Making efforts to assist interested DBEs in obtaining
necessary equipment, supplies, materials, or related
assistance or services.
1.1.3.3.9. Effectively using the services of available
minority/women community organizations;
minority/women Contractors' groups; local, state, and
Federal minority/women business assistance offices;
and other organizations as allowed on a case-by-case
basis to provide assistance in the recruitment and
placement of DBEs.
1.1.3.3.10. If the Owner determines that the Contractor has
failed to meet the good faith effort requirements,the
Contractor will be given an opportunity for
reconsideration by the Owner.
1.1.3.4. Should the bidder to whom the Contract is conditionally awarded
refuse, neglect or fail to meet the DBE goal or comply with good
faith effort requirements,the proposal guaranty filed with the bid
shall become the property of the Owner, not as a penalty, but as
liquidated damages to the Owner.
1.1.3.5. The preceding information shall be submitted directly to the
Owner.
1.1.3.6. The Contractor shall not terminate for convenience a DBE
subcontractor named in the commitment submitted under Section
1.A.3.a, of this Special Provision. Before terminating or
removing a DBE subcontractor named in the commitment,the
Contractor must have a written consent of the Owner.
1.1.3.7. The Contractor shall also make a good faith effort to replace a
DBE subcontractor that is unable to perform successfully with
another DBE,to the extent needed to meet the Contract goal.
The Contractor shall submit a completed Form 4901 "DBE
Commitment Agreement", From SMS 4901-T"DBE Trucking
Commitment Agreement", or Form SMS.4901-MS "DBE
Material & Supplier Commitment Agreement"for the substitute
DBE firm(s). Any substitution of DBEs shall be subject to
Amendment No. 1 to CSC No.48983
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approval by the Owner. Before approving the substitution, the
Owner will request a statement from the DBE concerning it
being replaced.
1.1.3.8. The Contractor shall designate a DBE liaison officer who will
administer the Contractor's DBE program and who will be
responsible for maintenance of records of efforts and contacts
made to subcontract with DBEs.
1.1.3.9. Contractors are encouraged to investigate the services offered by
banks owned and controlled by disadvantaged individuals and to
make use of these banks where feasible.
1.1.4. Eligibility of DBEs.
1.1.4.1. The member entities of the TUCP certify the eligibility of DBEs
and DBE joint ventures to perform DBE subcontract work on
DOT financially assisted Contracts.
1.1.4.2. The Department maintains the Texas Unified Certification
Program DBE Directory containing the names of firms that have
been certified to be eligible to participate as DBE's on DOT
financially assisted Contracts. An update of the Directory can be
found on the Internet at http://www.txdot.gov/apps-
cg/tucp/default.htm.
1.1.4.3. Only DBE firms certified at the time commitments are submitted
are eligible to be used in the information furnished by the
Contractor as required under Section 1.A.3.a. and 3.g. above.
For purposes of the DBE goal on this project, DBEs will only be
allowed to perform work in the categories of work for which they
are certified.
1.1.4.4. Only DBE firms certified at the time of execution of a
Contract/subcontract/purchase order, are eligible for DBE goal
participation.
1.1.5. Determination of DBE Participation. When a DBE participates in a
Contract, only the values of the work actually performed by the DBE, as
referenced below, shall be counted by the prime Contractor toward DBE
goals:
1.1.5.1. The total amount paid to the DBE for work performed with
his/her own forces is counted toward the DBE goal. When a
DBE subcontracts part of the work of its Contract to another
firm, the value of the subcontracted work may be counted toward
DBE goals only if the subcontractor is itself a DBE. Work that a
DBE subcontracts to a non-DBE firm does not count toward
DBE goals.
1.1.5.2. A Contractor may count toward its DBE goal a portion of the
total value of the Contract amount paid to a DBE joint venture
equal to the distinct, clearly defined portion of the work of the
Contract performed by the DBE.
Amendment No. 1 to CSC No.48983
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1.1.5.2.1. A Contractor may count toward its DBE goal only
expenditures to DBEs that perform a commercially
useful function (CUF) in the work of a Contract or
purchase order. A DBE is considered to perform a
CUF when it is responsible for execution of the work
of the Contract and is carrying out its responsibilities
by actually performing, managing, and supervising
the work involved. To perform a CUF, the DBE must
also be responsible, with respect to materials and
supplies used on the Contract, for negotiating price,
determining quality and quantity, ordering the
material, and installing (where applicable)and paying
for the material itself.
In accordance with 49 CFR Part 26, Appendix A,
guidance concerning Good Faith Efforts, Contractors
may make efforts to assist interested DBEs in
obtaining necessary equipment, supplies, materials, or
related assistance or services. Contractors may not
however,negotiate the price of materials or supplies
used on the Contract by the DBE, nor may they
determine quality and quantity, order the materials
themselves, nor install the materials (where
applicable), or pay for the material themselves.
Contractors however, may share the quotations they
receive from the material supplier with the DBE firm,
so that the DBE firm may negotiate a reasonable price
with the material supplier.
In all cases, prime or other non-DBE
subcontractor assistance will not be credited
toward the DBE goal.
1.1.5.2.2. A DBE does not perform a CUF if its role is limited
to that of an extra participant in a transaction,
Contract, or project through which funds are passed in
order to obtain the appearance of DBE participation.
Consistent with industry practices and the
DOT/Department's DBE program, a DBE
subcontractor may enter into second-tier subcontracts,
amounting up to 70% of their Contract. Work
subcontracted to a non-DBE does not count towards
DBE goals. If a DBE does not perform or exercise
responsibility for at least 30% of the total cost of its
Amendment No. 1 to CSC No.48983
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Contract with its own work force, or the DBE
subcontracts a greater portion of the work of a
Contract than would be expected on the basis of
normal industry practice for the type of work
involved, it will be presumed that the DBE is not
performing a CUF.
1.1.5.2.3. A DBE trucking firm(including an owner operator
who is certified as a DBE is considered to be
performing a CUF when the DBE is responsible for
the management and supervision of the entire
trucking operation on a particular Contract and the
DBE itself owns and operates at least 1 fully licensed,
insured, and operational truck used on the Contract.
1.1.5.2.3.1. The Contractor receives credit for the
total value of the transportation services
the DBE provides on a Contract using
trucks it owns, insures, and operates
using drivers it employs.
1.1.5.2.3.2. The DBE may lease trucks from another
DBE firm, including an owner operator
who is certified as a DBE. The DBE
who leases trucks from another DBE
receives credit for the total value of the
transportation services the lessee DBE
provides on the Contract.
1.1.5.2.3.3. The DBE may also lease trucks from a
non-DBE firm, including from an
owner-operator. The DBE who leases
trucks from a non-DBE is entitled to
credit for the total value of transportation
services provided by non-DBE lessees
not to exceed the value of transportation
services provided by the DBE-owned
trucks on the Contract. Additional
participation by non-DBE lessees
receive credit only for the fee or
commission it receives as result of the
lease arrangement.
1.1.5.2.3.4. A lease must indicate that the DBE has
exclusive use of and control over the
trucks giving the DBE absolute priority
for use of the leased trucks. Leased
trucks must display the name and
identification number of the DBE.
Amendment No. 1 to CSC No.48983
Page 9 of 16
1.1.5.2.4. When a DBE is presumed not to be performing a
CUF the DBE may present evidence to rebut this
presumption.
1.1.5.2.5. Project materials or supplies acquired from an
affiliate of the prime Contractor cannot directly or
indirectly(2nd or lower tier subcontractor) be used
for DBE goal credit.
1.1.5.3. A Contractor may count toward its DBE goals expenditures for
materials and supplies obtained from a DBE manufacturer,
provided that the DBE assumes the actual and contractual
responsibility for the materials and supplies. Count expenditures
with DBEs for materials or supplies toward DBE goals as
provided in the following:
1.1.5.3.1. If the materials or supplies are obtained from a DBE
manufacturer, count 100% of the cost of the materials
or supplies toward DBE goals. (Definition of a DBE
manufacturer found at 1A.c.(1) of this provision.)
For purposes of this Section(1.A.c.(1)), a
manufacturer is a firm that operates or maintains a
factory or establishment that produces, on the
premises, the materials, supplies, articles, or
equipment required under the Contract and of the
general character described by the specifications.
1.1.5.3.2. If the materials or supplies are purchased from a DBE
regular dealer, count 60% of the cost of the materials
or supplies toward DBE goals.
For purposes of this Section(I.A.5.c.(2)), a regular
dealer is a firm that owns, operates, or maintains a
store, warehouse, or other establishment in which the
materials, supplies, articles or equipment of the
general character described by the specifications and
required under the Contract are bought, kept in stock,
and regularly sold or leased to the public in the usual
course of business:
1.1.5.3.2.1. To be a regular dealer, the firm must be
an established, regular business that
engages, as its principal business and
under its own name, in the purchase and
sale or lease of the products in question.
1.1.5.3.2.2. A person may be a regular dealer in such
bulk items as petroleum products, steel,
cement, gravel, stone or asphalt without
Amendment No. 1 to CSC No.48983
Page 10 of 16
owning, operating, or maintaining a
place of business as provided in the first
paragraph under Section 1.A.5.c.(2), if
the person both owns and operates
distribution equipment for the products.
Any supplementing of regular dealers'
own distribution equipment shall be by a
long-term lease agreement and not on an
ad hoc or contract-by-contract basis.
1.1.5.3.2.3. Packagers, brokers, manufacturers"
representatives, or other persons who
arrange or expedite transactions are not
regular dealers within the meaning of
Section LA.5.c.(2).
1.1.5.3.3. With respect to materials or supplies purchased from
DBE which is neither a manufacturer nor a regular
dealer, count the entire amount of fees or
commissions charged for assistance in the
procurement of the materials and supplies, or fees or
transportation charges for the delivery of materials or
supplies required on a job site, toward DBE goals,
provided you determine the fees to be reasonable and
not excessive as compared with fees customarily
allowed for similar services.
Do not count any portion of the cost of the materials
and supplies themselves toward DBE goals.
1.1.5.3.4. Count the entire amount of fees or commissions
charged by a DBE firm for providing a bona fide
service, such as professional, technical, consultant or
managerial services, or for providing bonds or
insurance specifically required for the performance of
a DOT-assisted Contract, toward DBE goals,
provided you determine the fee to be reasonable and
not excessive as compared with fees customarily
allowed for similar services.
1.1.5.4. If the Contractor chooses to assist a DBE firm, other than a
manufacturing material supplier or regular dealer, and the DBE
firm accepts the assistance, the Contractor may act solely as a
guarantor by use of a two-party check for payment of materials
to be used on the project by the DBE. The material supplier must
invoice the DBE who will present the invoice to the Contractor.
The Contractor may issue a joint check to the DBE and the
material supplier and the DBE firm must issue the remittance to
Amendment No. 1 to CSC No.48983
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the material supplier.No funds shall go directly from the
Contractor to the material supplier. The DBE firm may accept or
reject this joint checking arrangement.
The Contractor must obtain approval from the Owner before
implementing the use of joint check arrangements with the DBE.
Submit to the Owner, Joint Check Approval Form 2178 for
requesting approval. Provide copies of cancelled joint checks
upon request. No DBE goal credit will be allowed for the cost of
DBE materials that are paid by the Contractor directly to the
material supplier.
1.1.5.5. No DBE goal credit will be allowed for supplies and equipment
the DBE subcontractor leases from the Contractor or its
affiliates.
1.1.5.6. No DBE goal credit will be allowed for the period of time
determined by the Owner that the DBE was not performing a
CUF. The denial period of time may occur before or after a
determination has been made by the Owner. In case of the denial
of credit for non-performance of a CUF of a DBE, the Contractor
will be required to provide a substitute DBE to meet the Contract
goal or provide an adequate good faith effort when applicable.
1.1.6. Records and Reports.
1.1.6.1. The Contractor shall submit monthly reports, after work begins,
on DBE payments to meet the DBE goal and for DBE or FLUB
race-neutral participation. Report payments made to non-DBE
HUBS. The monthly report is to be sent to the Owner. These
reports will be due within 15 days after the end of a calendar
month. These reports will be required until all DBE
subcontracting or material supply activity is completed. Form
SMS.4903, "DBE Progress Report,"is to be used for monthly
reporting. Form. SMS.4904, "DBE Final Report," is to be used
as a final summary of DBE payments submitted upon completion
of the project.
The original final report must be submitted to the Owner. These
forms may be obtained from the Owner or may be reproduced by
the Contractor. The Owner may verify the amounts being
reported as paid to DBEs by requesting copies of cancelled
checks paid to DBEs on a random basis. Cancelled checks and
invoices should reference the Owner's project number.
1.1.6.2. DBE subcontractors and/or material suppliers should be
identified on the monthly report by Vendor Number, name, and
the amount of actual payment made to each during the monthly
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period. Negative reports are required when no activity has
occurred in a monthly period.
1.1.6.3. All such records must be retained for a period of 3 years
following completion of the Contract work, and shall be
available at reasonable times and places for inspection by
authorized representatives of the Owner, the Department or the
DOT. Provide copies of subcontracts or agreements and other
documentation upon request.
1.1.6.4. Before receiving final payment,the Contractor shall submit Form
SMS.4904, "DBE Final Report". If the DBE goal requirement is
not met, documentation supporting Good Faith Efforts, as
outlined in Section l.A.3.c of this Special Provision, must be
submitted with the "DBE Final Report."
1.1.6.5. Provide a certification of prompt payment in accordance with the
Owner's prompt payment procedure to certify that all
subcontractors and suppliers were paid from the previous months
payments and retainage was released for those whose work is
complete. Submit the completed form each month and the month
following the month when final acceptance occurred at the end
of the project.
1.1.7. Compliance of Contractor. To ensure that DBE requirements of this DOT
assisted Contract are complied with, the Owner will monitor the Contractor's
efforts to involve DBEs during the performance of this Contract. This will be
accomplished by a review of monthly reports submitted to the Owner by the
Contractor indicating his progress in achieving the DBE Contract goal, and by
compliance reviews conducted on the project site by the Owner.
The Contractor shall receive credit toward the DBE goal based on actual
payments to the DBE subcontractor. The Contractor shall notify the Owner if
he/she withholds or reduces payment to any DBE subcontractor. The Contractor
shall submit an affidavit detailing the DBE subcontract payments before receiving
final payment for the Contract.
Contractors' requests for substitutions of DBE subcontractors shall be
accompanied by a detailed explanation which should substantiate the need for a
substitution. The Contractor may not be allowed to count work on those items
being substituted toward the DBE goal before approval of the substitution from
the Owner.
The prime Contractor is prohibited from providing work crews and equipment to
DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or
purchasing of supplies from the prime Contractor or its affiliates is not allowed.
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When a DBE subcontractor named in the commitment under Section 1.A.3.a. of
this Special Provision, is terminated or fails to complete its work on the Contract
for any reason, the prime Contractor is required to make good faith efforts to find
another DBE subcontractor to substitute for the original DBE. These good faith
efforts shall be directed at finding another DBE to perform at least the same
amount of work under the Contract as the DBE that was terminated, to the extent
needed to meet the Contract goal.
A Contractor's failure to comply with the requirements of this Special Provision
shall constitute a material breach of this Contract. In such a case, the Owner
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 Owner or
such other remedy or remedies as the Owner deems appropriate.
Forward Form 2371, "DBE Trucking Credit Worksheet," completed by the DBE
trucker every month DBE credit is used.
1.2. Article B. Race-Neutral Disadvantaged Business Enterprise Participation. It
is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined
in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for
Contracts and subcontracts financed in whole or in part with Federal funds and that
a maximum feasible portion of the Department's overall DBE goal be met using
race-neutral means. Consequently, if there is no DBE goal, the DBE requirements
of 49 CFR Part 26, apply to this Contract as follows:
The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the
opportunity to compete fairly for Contracts and subcontractors financed in whole or
in part with Federal funds. Race-Neutral DBE and non-DBE HUB participation on
projects with no DBE goal shall be reported on Form SMS.4903, "DBE or HUB
Progress Report" and submitted to the Owner each month and at project
completion. Payments to DBEs reported on Form SMS.4903 are subject to the
requirements of Section 1.1.5., "Determination of DBE Participation."
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT-assisted Contracts. Failure by the Contractor to carry
out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy as the recipient deems
appropriate.
In the event of a conflict, these amended terms shall control over the original terms.
Amendment No. 1 to CSC No.48983
Page 14 of 16
2.
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
[Remainder of page intentionally left blank; Signatures to follow]
Amendment No. 1 to CSC No.48983
Page 15 of 16
ACCORDINGLY, the City and Contractor have each caused this instrument to be
executed in each entity's respective name by its respective duly authorized signatory effective as
of the date subscribed by the City's designated City Manager.
CITY OF FORT WORTH: BEAN ELEC ,I
By: By:
Jesus J. Chapa L--moy Bean
Assistant
City Manager President
4c
Date: —" 7 Date:
Recommended by:
0 ►
DouglasAV. Wiersig
Director, Transportation and Public Works Department
APPROVED AS TO FORM AND LEGALITY:
U6���
Doug as W. Black
Sr. Assistant City Attorney
ATTEST:
J. Ka se
2
City Secretar
�S
Contract Authorization:
M&C: None Required
OFFICIAL.RECORD
Amendment No. 1 to CSC No.48983 CI'y SFcWAW
Page 16 of 16
FT.wOLtTa'd TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee
N640p r—
Title�)
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature