Combined Construction Inc. 7/22/2020

I1 • The Contractor seeks to terminate a COA UDBE so the Contractor can 2 substitute another DBE contractor or non-DBE contractor after 1 3 4 Contract Award. 5 • The failure or refusal of the COA UDBE to perform its Work on the I 6 7 subcontract results from the bad faith or discriminatory action of the Contractor (e.g., the failure of the Contractor to make timely payments 8 or the unnecessary placing of obstacles in the path of the UDBE's I9 10 Work). 11 Prior to requesting termination, the Contractor shall give notice in writing to the 12 UDBE with a copy to the Engineer of its intent to request to terminate UDBE I13 Work and the reasons for doing so. The UDBE shall have five (5) days to 14 respond to the Contractor's notice. The UDBE's response shall either support 15 the termination or advise the Engineer and the Contractor of the reasons it I 16 objects to the termination of its subcontract. 17 18 When a COA UDBE is terminated, or fails to complete its work on the Contract I 19 20 for any reason, the Contractor shall substitute with another UDBE or provide documentation of GFE. A plan to achieve the COA UDBE Commitment shall be 21 submitted to the Engineer within 2 days of the approval of termination or the I 22 Contract shall be suspended until such time the substitution plan is submitted. 23 24 Decertification I 25 When a DBE is "decertified" from the DBE program during the course of the 26 Contract, the participation of that DBE shall continue to count as DBE 27 participation as long as the subcontract with the DBE was executed prior to the 28 decertification notice. The Contractor is obligated to substitute when a DBE does I29 not have an executed subcontract agreement at the time of decertification. 30 31 Consequences of Non-Compliance I 32 Breach of Contract 33 Each contract with a Contractor(and each subcontract the Contractor signs with 34 a Subcontractor) must include the following assurance clause: I 35 36 The Contractor, subrecipient, or Subcontractor shall not discriminate on the 37 basis of race, color, national origin, or sex in the performance of this contract. I 38 The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the 39 award and administration of DOT-assisted contracts. Failure by the Contractor 40 to carry out these requirements is a material breach of this Contract, which may I 41 result in the termination of this Contract or such other remedy as the recipient 42 deems appropriate, which may include, but is not limited to: 43 44 (1) Withholding monthly progress payments; I 45 46 (2) Assessing sanctions; 47 I 48 (3) Liquidated damages; and/or 49 50 (4) Disqualifying the Contractor from future bidding as non-responsible I51 I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 49 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)