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AGREEMENT NO. C- 6-3682 <br />EXHIBIT D <br />specifications for the project. <br />2. You stipulate a bond is a condition of executing the subcontract and the listed DBE <br />fails to meet your bond requirements. <br />3. Work requires a Consultants' license and listed DBE does not have a valid license <br />under Consultants License Law. <br />4, Listed DBE fails or refuses to perform the work or furnish the listed materials. <br />5. Listed DBE's work is unsatisfactory and not in compliance with the contract. <br />6. Listed DBE delays or disrupts the progress of the work. <br />7. Listed DBE becomes bankrupt or insolvent. <br />If a listed DBE Subconsultant is terminated, you must make good faith efforts to find another <br />DBE Subconsultant to substitute for the original DBE. The substitute DBE must perform at <br />least the same amount of work as the original DBE under the contract to the extent needed to <br />meet the DBE goal. <br />The substitute DBE must be certified as a DBE at the time of request for substitution. The <br />AUTHORITY does not pay for work or material unless it is performed or supplied by the listed <br />DBE, unless the DBE is terminated in accordance with this section. <br />VIII. Additional DBE Subconsultants <br />In the event Consultant identifies additional DBE Subconsultants or suppliers not previously <br />identified by Consultant for DBE participation under the contract, Consultant must notify the <br />Authority by submitting "Request for Additional DBE Firm" to enable Consultant to capture all <br />DBE participation. Consultant must also submit, for each DBE identified after contract <br />execution, a written confirmation from the DBE acknowledging that it is participating in the <br />contract for a specified value, including the corresponding scope of work (a subcontract <br />agreement can serve in lieu of the written confirmation). <br />IX. DBE "Frauds" and "Fronts" <br />Only legitimate DBEs are eligible to participate as DBEs in the Authority's federally - assisted <br />contracts. Proposers are cautioned against knowingly and willfully using "fronts." The use of <br />"fronts" and "pass through" subcontracts to non - disadvantaged firms constitute criminal <br />violations. Further, any indication of fraud, waste, abuse or mismanagement of Federal funds <br />should be immediately reported to the Office of Inspector General, U.S. Department of <br />Transportation at the toll -free hotline: (800) 424 -9071; or to the following: 245 Murray Drive, <br />Building 410, Washington, DC 20223; Telephone: (202) 406 -570. <br />X, Consultant's Assurance Clause Regarding Non - Discrimination <br />In compliance with State and Federal anti - discrimination laws, the Consultant must affirm that <br />they will not exclude or discriminate on the basis of race, color; national origin, or sex in <br />consideration of contract award opportunities. Further, the Consultant must affirm that they <br />will consider, and utilize Subconsultants and vendors, in a manner consistent with non- <br />discrimination objectives. <br />XI. Prompt Payment Clause <br />Upon receipt of payment by Authority, Consultant agrees to promptly pay each Subconsultant <br />for the satisfactory work performed under this Agreement, no later than seven (7) calendar <br />Orange County Transportation Authority 12 <br />Revised: 0610612014 <br />