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Section 5: Local Government

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LG Staff Responsibilities

The LG must administer the contract and ensure the contractor and subcontractors abide by the DBE requirements and clauses contained in the contract documents. The LG must perform contract administration responsibilities that include monitoring and enforcement activities. These responsibilities include:

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  • Ensure Contractors Assurance is in bid documents.
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  • Execute AFA/MOU.
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  • Ensure plans and bid documents include TxDOT/LG approved project DBE goal and DBE Provision prior to advertisement.
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  • Ensure Bid Document Checklist includes DBE elements.
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  • Accept DBE commitments for review and approval.
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  • Review and approve pre-and post-contract GFEs.
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  • Conduct pre-bid, project coordination and pre-construction meetings that include pertinent DBE compliance information.
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  • Ensure DBE contract provision is included in prime contractor and subcontractor agreements.
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  • Ensure periodic inspections include DBE elements.
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  • Utilize the Local Government Project DBE Compliance Monitoring Checklist (Form 2658) during the course of the project.
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  • Receive monthly progress reports (MPR) from prime contractor.
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  • Monitor race-conscious and race-neutral goal credit.
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  • Monitor change orders and impacts to DBE contract goal.
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  • Forward MPR summary to the district.
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  • Receive, review, and approve requests for termination and substitution.
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  • Conduct a minimum of one CUF review on all DBE firms and maintain CUF records.
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  • Notify the prime contractor if a DBE is not performing a CUF.
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  • Enforce remedies the LG has determined for non-DBE CUF compliance.
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  • Receive, review, and approve requests for use of joint checks.
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  • Monitor and audit joint check usage for allowable goal credit and DBE compliance.
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  • Receive prompt payment certifications from prime contractors to ensure compliance with prompt payment provisions.
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  • Respond to prompt payment non-compliance issues.
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  • Enforce non-compliance actions and remedies based on the LG’s determinations.
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  • Receive Final Reports from prime contractors and determine if the project DBE goal and race-conscious commitments were met.
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  • Review and approve GFE documentation if DBE goal and or commitments were not met.
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  • Enforce administrative remedies if the prime contractor did not provide evidence of good faith efforts.
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