Common use of Decertification Replacement Clause in Contracts

Decertification Replacement. (1) When a committed DBE is decertified by the Department after the SAF (Subcontract Approval Form) has been received by the Department, the Department will not require the Contractor to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the Department receiving the SAF (Subcontract Approval Form) for the named DBE firm, the Contractor shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE goal requirement. If a DBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see A herein for required documentation). When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE based upon the Contractor’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBE, the Contractor shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBE, the Contractor shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit.

Decertification Replacement. (1) When a committed DBE MBE/WBE is decertified by the Department after the SAF (Subcontract Approval Form) has been received by the Department, the Department will not require the Contractor to solicit replacement DBE MBE/WBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE MBE/WBE is decertified prior to the Department receiving the SAF (Subcontract Approval Form) for the named DBE MBE/WBE firm, the Contractor shall take all necessary and reasonable steps to replace the DBE MBE/WBE subcontractor with another DBE similarly certified MBE/WBE subcontractor to perform at least the same amount of work to meet the DBE MBE/WBE goal requirement. If a DBE MBE/WBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see A herein for required documentation). When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBEMBE/WBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE MBE/WBE based upon the Contractor’s commitment, the DBE MBE/WBE shall participate in additional work to the same extent as the DBE MBE/WBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs MBEs/WBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBEMBE/WBE, the Contractor shall seek participation by DBEs MBEs/WBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBEMBE/WBE, the Contractor shall seek additional participation by DBEs MBEs/WBEs equal to the reduced DBE MBE/WBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE MBE/WBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE MBE/WBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE MBE/WBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE MBE/WBE credit.

Decertification Replacement. (1) When a committed DBE is decertified by the Department after the SAF (Subcontract Approval Form) has been received by the Department, the Department will not require the Contractor Design-Build Team to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the Department receiving the SAF (Subcontract Approval Form) for the named DBE firm, the Contractor Design-Build Team shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE goal requirement. If a DBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see Reference A herein for required documentation). When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor Design-Build Team will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE based upon the ContractorDesign-Build Team’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor Design-Build Team shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBE, the Contractor Design-Build Team shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor Design-Build Team requests changes in the work that result in the reduction or elimination of work that the Contractor Design-Build Team committed to be performed by a DBE, the Contractor Design-Build Team shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the Contractor Design-Build Team shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor Design-Build Team shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (6060.0% or 100100.0%) of expenditures claimed for DBE credit.

Decertification Replacement. (1) When a committed DBE MBE/WBE is decertified by the Department after the SAF (Subcontract Approval Form) has been received by the Department, the Department will not require the Contractor to solicit replacement DBE MBE/WBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE MBE/WBE is decertified prior to the Department receiving the SAF (Subcontract Approval Form) for the named DBE MBE/WBE firm, the Contractor shall take all necessary and reasonable steps to replace the DBE MBE/WBE subcontractor with another DBE similarly certified MBE/WBE subcontractor to perform at least the same amount of work to meet the DBE goal Combined MBE/WBE Goal requirement. If a DBE MBE/WBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see A herein for required documentation). When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBEMBE/WBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE MBE/WBE based upon the Contractor’s commitment, the DBE MBE/WBE shall participate in additional work to the same extent as the DBE MBE/WBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs MBEs/WBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBEMBE/WBE, the Contractor shall seek participation by DBEs MBEs/WBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBEMBE/WBE, the Contractor shall seek additional participation by DBEs MBEs/WBEs equal to the reduced DBE MBE/WBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE MBE/WBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE MBE/WBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE MBE/WBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE MBE/WBE credit.

Decertification Replacement. (1) When a committed DBE is decertified by the Department after the SAF (Subcontract Approval Form) has been received by the Department, the Department will not require the Contractor to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the Department receiving the SAF (Subcontract Approval Form) for the named DBE firm, the Contractor shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE goal requirement. If a DBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see A herein for required documentation). When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE based upon the Contractor’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBE, the Contractor shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBE, the Contractor shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. Reports and Documentation A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit.

Decertification Replacement. (1) When a committed DBE is decertified by the Department after the SAF (Subcontract Approval Form) has been received by the DepartmentCity of Durham, the Department City of Durham will not require the Contractor to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the Department receiving the SAF (Subcontract Approval Form) for the named DBE firm, the Contractor shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE goal requirement. If a DBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see A herein for required documentation). When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE based upon the Contractor’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBE, the Contractor shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBE, the Contractor shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE subcontractor. The Department City of Durham reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit.

Decertification Replacement. (1) When a committed DBE MBE/WBE is decertified by the Department NCDOT after the SAF (Subcontract Approval Form) has been received by the DepartmentGrantee, the Department Grantee will not require the Contractor to solicit replacement DBE MBE/WBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE MBE/WBE is decertified prior to the Department Grantee receiving the SAF (Subcontract Approval Form) for the named DBE MBE/WBE firm, the Contractor shall take all necessary and reasonable steps to replace the DBE MBE/WBE subcontractor with another DBE similarly certified MBE/WBE subcontractor to perform at least the same amount of work to meet the DBE MBE/WBE goal requirement. If a DBE MBE/WBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT the NCDOT, Rail Division (see A herein for required documentation). When the Engineer NCDOT, Rail Division, makes changes that result in the reduction or elimination of work to be performed by a committed DBEMBE/WBE, the Contractor will not be required to seek additional participation. When the Engineer NCDOT, Rail Division, makes changes that result in additional work to be performed by a DBE MBE/WBE based upon the Contractor’s commitment, the DBE MBE/WBE shall participate in additional work to the same extent as the DBE MBE/WBE participated in the original contract work. When the Engineer NCDOT, Rail Division, makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs MBEs/WBEs unless otherwise approved by the EngineerNCDOT, Rail Division. When the Engineer NCDOT, Rail Division, makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBEMBE/WBE, the Contractor shall seek participation by DBEs MBEs/WBEs unless otherwise approved by the EngineerNCDOT, Rail Division,. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBEMBE/WBE, the Contractor shall seek additional participation by DBEs MBEs/WBEs equal to the reduced DBE MBE/WBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE MBE/WBE subcontractor. The Department Grantee reserves the right to require copies of actual subcontract agreements involving DBE MBE/WBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE MBE/WBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer NCDOT, Rail Division, a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE MBE/WBE credit.

Decertification Replacement. (1) When a committed DBE is decertified by the Department Town of Chapel Hill after the SAF (a Request for Subcontract Approval Form) has been received by the DepartmentTown of Chapel Hill, the Department Town of Chapel Hill will not require the Prime Contractor to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the Department Town of Chapel Hill receiving the SAF (a Request for Subcontract Approval Form) for the named DBE firm, the Prime Contractor shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE contract goal requirement. If a DBE firm is not found to do the same amount of work, or demonstrate that it has made a good faith effort must be submitted to NCDOT (see A herein for required documentation)do so. When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE based upon the Contractor’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, construction and a portion or all of the work had been expected to be performed by a committed DBE, the Contractor shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBE, the Contractor shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit.

Decertification Replacement. (1) When a committed DBE is decertified by the Department after the SAF (a Request for Subcontract Approval Form) has been received by the Department, the Department will not require the Prime Contractor to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the Department receiving the SAF (a Request for Subcontract Approval Form) for the named DBE firm, the Prime Contractor shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE contract goal requirement. If a DBE firm is not found to do the same amount of work, or demonstrate that it has made a good faith effort must be submitted to NCDOT (see A herein for required documentation)do so. When the Engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the Contractor will not be required to seek additional participation. When the Engineer makes changes that result in additional work to be performed by a DBE based upon the Contractor’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the Engineer makes changes that result in extra work, which has more than a minimal impact on the contract amount, the Contractor shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the Engineer makes changes that result in an alteration of plans or details of construction, construction and a portion or all of the work had been expected to be performed by a committed DBE, the Contractor shall seek participation by DBEs unless otherwise approved by the Engineer. When the Contractor requests changes in the work that result in the reduction or elimination of work that the Contractor committed to be performed by a DBE, the Contractor shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes. A SAF (Subcontract Approval Form) shall be submitted for all work which is to be performed by a DBE subcontractor. The Department reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the Contractor shall submit a proposed trucking plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services, not otherwise documented by the SAF as specified above, the Contractor shall furnish the Engineer a copy of the agreement. The documentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit.