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CITY of SANTA ANA <br />RFP NO.: 16-125 <br />OC STREETCAR DESIGN REVIEW SUPPORT <br />DBE listed subconsultant for convenience and perform the work with your own forces or obtain materials <br />from other sources without prior written authorization from the authority. <br />The authority grants authorization to use other forces or sources of materials for requests that show any of <br />the following justifications (written approval from the authority must be obtained prior to effectuating a <br />substitution): <br />1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the <br />project. <br />2. You stipulate a bond is a condition of executing the subcontract and the listed DBE fails to meet <br />your bond requirements. <br />3. Work requires a consultants' license and listed DBE does not have a valid license under consultants <br />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 DBE <br />subconsultant to substitute for the original DBE. The substitute DBE must perform at least the same amount <br />of work as the original DBE under the contract to the extent needed to meet the DBE goal. <br />The substitute DBE must be certified as a DBE at the time of request for substitution. The authority does not <br />pay for work or material unless it is performed or supplied by the listed DBE, unless the DBE is terminated <br />in accordance with this section. <br />VIII. Additional DBE subconsultants <br />In the event consultant identifies additional DBE subconsultants or suppliers not previously identified by <br />consultant for DBE participation Linder the contract, consultant must notify the authority by submitting <br />"request for additional DBE firm" to enable consultant to capture all DBE participation. Consultant must <br />also submit, for each DBE identified after contract execution, a written confirmation from the DBE <br />acknowledging that it is participating in the contract for a specified value, including the corresponding scope <br />of work (a subcontract agreement can serve in lieu of the written confinnation). <br />IX. DBE "frauds" and "fronts" <br />Only legitimate DBEs are eligible to participate as DBEs in the authority's federally -assisted contracts. <br />Proposers are cautioned against knowingly and willfully using "fronts." The use of "fronts" and "pass <br />through" subcontracts to non -disadvantaged firms constitute criminal violations. Further, any indication of <br />fraud, waste, abuse or mismanagement of federal funds should be immediately reported to the office of <br />inspector general, u.s. department of transportation at the toll-free hotline: (800) 424-9071; or to the <br />following: 245 murray drive, building 410, washington, do 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 they will not <br />20B-56 <br />