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1 I <br /> 2 (1) Withholding monthly progress payments; <br /> 3 <br /> 4 (2) Assessing sanctions; <br /> I 5 <br /> 6 (3) Liquidated damages; and/or <br /> 7 <br /> I8 9 (4) Disqualifying the Contractor from future bidding as non-responsible. <br /> 10 Notice <br /> 11 If the Contractor or any Subcontractor, Consultant, Regular Dealer, or service <br /> 12 provider is deemed to be in non-compliance, the Contractor will be informed in <br /> 13 writing, by certified mail by the Engineer that sanctions will be imposed for failure <br /> 14 to meet the DBE COA Commitment and/or submit documentation of good faith <br /> I 15 efforts. The notice will state the specific sanctions to be imposed which may <br /> 16 include impacting a Contractor or other entity's ability to participate in future <br /> 17 contracts. <br /> 18 <br /> 19 Sanctions <br /> 20 If it is determined that the Contractor's failure to meet all or part of the DBE COA <br /> I 21 Commitment is due to the Contractor's inadequate good faith efforts throughout the <br /> 22 life of the Contract, including failure to submit timely, required Good Faith Efforts <br /> 23 information and documentation, the Contractor may be required to pay DBE penalty <br /> I 24 equal to the amount of the unmet Commitment, in addition to the sanctions outlined <br /> 25 in Section 1-07.11(5). <br /> 26 <br /> I 27 Payment <br /> 28 Compensation for all costs involved with complying with the conditions of this <br /> 29 Specification and any other associated DBE requirements is included in payment for <br /> 30 the associated Contract items of Work, except otherwise provided in the <br /> 1 31 Specifications. <br /> 32 <br /> 33 1-07.12.GR1 <br /> I 34 Federal Agency Inspection <br /> 35 <br /> 36 1-07.12.INST1.GR1 <br /> I 37 Section 1-07.12 is supplemented with the following: <br /> 38 <br /> 39 1-07.12.OPT1.GR1 <br /> 40 (July 25, 2022) <br /> 41 Required Federal Aid Provisions <br /> 42 The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) <br /> I 43 Revised July 5, 2022 and the amendments thereto supersede any conflicting provisions <br /> 44 of the Standard Specifications and are made a part of this Contract; provided, however, <br /> 45 that if any of the provisions of FHWA 1273, as amended, are less restrictive than <br /> I 46 Washington State Law, then the Washington State Law shall prevail. <br /> 47 <br /> 48 The provisions of FHWA 1273, as amended, included in this Contract require that the <br /> 49 Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together <br /> I 50 with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall <br /> 51 be included in each subcontract requiring the subcontractors to insert the FHWA 1273 <br /> I <br /> 2023 FEDERAL OVERLAY <br /> FEDERAL AID#STBGUL-2715(011) <br /> I <br /> WO#3788 March 2,2023 SP-43 <br />