Section 990.330  Failure to Satisfactorily Perform Work on or Breach of the Terms of CDB Contracts, Private Contracts, or Other Governmental Contracts

CDB may take action upon prequalification for the CM's failure to satisfactorily perform work on or breach of the terms of CDB contracts private contracts, or other governmental contracts, such as, but not limited to, one or more of the following:

a)         Failure to timely submit required documents and drawings according to the project schedule, causing a delay in the commencement, completion or close out of a project.

b)         Failure to adhere to contractual document requirements.

c)         Failure to adequately or timely notify CDB of project problems or failure to cooperate with other parties to the project to timely resolve problems.

d)         Failure to timely or adequately submit budget and estimating documents.

e)         Failure to meet quality standards applicable to the industry (e.g., obtaining or maintaining nationally or regionally recognized certification).

f)         Failure to provide acceptable quality and quantity of staff to provide comprehensive project administration services, including field staff authorized to make timely field decisions on behalf of the firm.

g)         Failure to provide proper personnel to facilitate proper and timely responses to requests for information in the field.

h)         Failure to facilitate maintenance and submission of timely and adequate record drawings.

i)          Failure to timely process change orders and contractor pay requests.

j)          Failure to follow directives from CDB within the scope of the contract documents.

k)         Failure to attend or to be properly prepared for project meetings.

l)          Failure to understand, accept or utilize CDB procedures and standards, or abuse of CDB procedures and standards that results in paper delays, project delays, or the extraordinary expenditure of CDB resources.

m)        Failure to submit proper pay or modification requests, in accordance with the contractual provisions, with adequate documentation of costs and pricing within conventional industry parameters for public contracts.

n)         Failure to submit timely post-award documents, such as, but not limited to, bonds, certificates of insurance and MBE/FBE certifications.

o)         Failure to cooperate with other parties to the project to timely resolve project problems.

p)         Failure to meet the project schedule for any reason reasonably within the control of the CM.

q)         Any other cause of so serious or compelling a nature that it affects the responsibility of the CM.