111DISADVANTAGED BUSINESS ENTERPRISE (DBE)

104

This form shall be submitted with the signature of an authorized representative of the DBE in order to document the total amount paid to the DBE firm as indicated on the final Form DBE-10. In the event that the DBE firm has gone out of business and is unavailable to sign the form, the prime contractor shall submit copies of the subcontractor estimates and cancelled checks verifying the amount paid to the DBE firm. If the total amount paid to the DBE firm includes bond and/or gross receipts tax, the eligible DBE participation total without these amounts shall also be indicated. This form shall be submitted with the information required in Subarticle 109.12(c).

111.09DBE Violations

Possible violations by bidders and prime contractors include, but are not limited to, failure to provide the DBE Utilization Plan within five calendar days of the letting date, failure to meet the contract goal, failure to make good faith efforts, deleting DBE subcontractors for convenience, improper DBE participation credit reports, continued failure to furnish Form DBE-10 reports, failure to comply with Department decisions and directives concerning DBE activities, and fraud.

Possible violations by DBE subcontractors include those listed in 49 CFR Part 26.107 as well as failure to fulfill contract commitments and negotiations.

These violations are only possible examples and not all inclusive. The Department reserves the right to determine exact violations and the extent of each violation on a case-by-case basis.

Failure by the apparent low bidder to provide the DBE Utilization Plan within the time frame specified will result in the bid being considered irregular in accordance with Subarticle 102.07(a), and the bid will be rejected. If the apparent low bidder does provide the DBE Utilization Plan within the time frame specified, but fails to make and document good faith efforts, the contract will not be awarded to that bidder and will result in the forfeiture of its bid bond. The next low bidder will become the new low bidder. Failure to have provided the DBE Utilization Plan within the time frame specified will result in the bid being considered irregular in accordance with Subarticle 102.07(a), and the bid will be rejected. If this bidder does provide the DBE Utilization Plan within the time frame specified, but fails to make and document good faith efforts, the contract will not be awarded to that bidder and will result in the forfeiture of its bid bond. If the contract is awarded to the next low bidder, the original low bidder will be prohibited from doing any work relating to the contract either as subcontractor or in any other capacity. These restrictions shall apply to any other name under which the same person, individual, partnership, company, firm, corporation, association, cooperative, affiliate, or other legal entity may be operating, and in which the principal owner(s) are involved.

For the first violation of the DBE requirements, a letter will be written to the prime contractor and/or the DBE, if applicable, citing the violation and warning that failure to rectify the violation or further violations will result in disqualification as outlined in Subarticle 102.02(b). The second violation will result in the prime contractor and/or the DBE subcontractor being disqualified as outlined in Subarticle 102.02(b) for an indefinite period. The disqualification may be reviewed each six months, if requested in writing by the disqualified firm. The third violation will result in the prime contractor and/or the DBE subcontractor being disqualified as outlined in Subarticle 102.02(b) for an indefinite period. The disqualification will be for at least one year. It may be reviewed after one year, if requested in writing by the disqualified firm. An exception to the above is that an open and flagrant violation. The prime contractor and/or the DBE subcontractor will not be issued a warning letter, and the prime contractor and/or DBE subcontractor will be summarily disqualified as outlined in Subarticle 102.02(b) for at least six months. The disqualification may be reviewed after such time, if requested in writing by the disqualified firm. If applicable, the DBE subcontractor's continued status as a certified DBE will be recommended to the Department's DBE Review Committee for review. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 105

ELECTRONIC TICKETING

113.01General

The bituminous material weight tickets for this project shall be electronic tickets (eTickets) sent to the Department’s Electronic Ticketing Portal (Portal) as they are generated. The Contractor can connect to the Portal either directly from the plant’s computer system, at no cost to the Contractor, or via an intermediary system. For eTickets not transmitted directly from the plant’s computer system to the Portal, the Department may require an audit trail in addition to all required fields. Transmit tickets at or near the time of dispatch. Each eTicket shall, as a minimum, contain the items below and must be mapped to their corresponding fields. Loads which do not have the required items, in their respective fields, shall be rejected. Item Description Field Name in Portal 1 Name of Contractor Customer Name 2 Material Producer Supplier 3 Project Number Job or Job # 4 County Job or Job # 5 Truck Number Truck 6 Contract Item Number Product 7 Item name Product Description 8 Date and time of loading Created/Printed at 9 Weighmaster Name Weighmaster 10 Gross, tare, and net weights Gross, tare, and net weights 11 Load Count Load 12 Daily Running Total Daily Total

113.02Testing

The Contractor shall conduct a test of each supplier’s integration with the Portal prior to shipping material. The test shall be completed at least 14 calendar days prior to shipping material unless otherwise approved by the Engineer. The test must involve test eTickets from each supplier approved for use on the project. After the Engineer confirms the test has been entered into the Portal, void the eTickets with the reason “Test Ticket”. The test eTickets must accurately reflect the required data.

113.03Paper Tickets

The Contractor shall continue to produce paper tickets with each truck load and may be collected by the Engineer at any time due to system failures, bad cell service, or lack of reliability due to inaccuracy or inconsistency of the data provided. If not collected with each load, The Engineer may also request copies of the corresponding paper tickets at the end of each paving day. The Contractor may make a written request to the Engineer to waive the requirement to produce paper tickets. The written request shall include a backup plan to be used in the event the eTicket system fails. 113.04 Method of Measurement. Electronic Ticketing will not be measured separately for payment.