Always Active Services 1/23/2023

I 1 I2 3 (1) Withholding monthly progress payments; 4 (2) Assessing sanctions; I 5 6 (3) Liquidated damages; and/or 7 I8 9 (4) Disqualifying the Contractor from future bidding as non-responsible. 10 Notice 11 If the Contractor or any Subcontractor, Consultant, Regular Dealer, or service 111 12 provider is deemed to be in non-compliance, the Contractor will be informed in 13 writing, by certified mail by the Engineer that sanctions will be imposed for failure 14 to meet the DBE COA Commitment and/or submit documentation of good faith I 15 efforts. The notice will state the specific sanctions to be imposed which may 16 include impacting a Contractor or other entity's ability to participate in future 17 contracts. I 18 19 Sanctions 20 If it is determined that the Contractor's failure to meet all or part of the DBE COA I 21 Commitment is due to the Contractor's inadequate good faith efforts throughout the 22 life of the Contract, including failure to submit timely, required Good Faith Efforts 23 information and documentation, the Contractor may be required to pay DBE penalty 24 equal to the amount of the unmet Commitment, in addition to the sanctions outlined I 25 in Section 1-07.11(5). 26 27 Payment I 28 Compensation for all costs involved with complying with the conditions of this 29 Specification and any other associated DBE requirements is included in payment for 30 the associated Contract items of Work, except otherwise provided in the I 31 32 Specifications. 33 1-07.12.GR1 I 34 Federal Agency Inspection 35 36 1-07.12.INST1.GR1 I 37 Section 1-07.12 is supplemented with the following: 38 39 1-07.12.OPT1.GR1 I40 (January 25, 2016) 41 Required Federal Aid Provisions 42 The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) I43 Revised May 1, 2012 and the amendments thereto supersede any conflicting provisions 44 of the Standard Specifications and are made a part of this Contract; provided, however, 45 that if any of the provisions of FHWA 1273, as amended, are less restrictive than 46 Washington State Law, then the Washington State Law shall prevail. ' 47 48 The provisions of FHWA 1273, as amended, included in this Contract require that the 49 Contractor insert the FHWA 1273 and amendments thereto in each Subcontract, together 50 with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall 51 be included in each Subcontract requiring the Subcontractors to insert the FHWA 1273 I FLEMING BICYCLE CORRIDOR 49 111 PW 3767 November 15, 2022