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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 44 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />Material costs paid by the Contractor directly to the material supplier are not 1 <br />allowed. If proper procedures are not followed or the Engineer determines that 2 <br />the arrangement results in lack of independence for the DBE involved, no DBE 3 <br />credit will be given for the DBE’s participation as it relates to the material cost. 4 <br /> 5 <br />Prompt Payment 6 <br />Prompt payment to all subcontractors shall be in accordance with Section 1 -7 <br />08.1. Prompt payment requirements apply to progress payments as well as 8 <br />return of retainage. 9 <br /> 10 <br />Subcontracts 11 <br />Prior to a DBE performing Work on the Contract, an executed subcontract 12 <br />between the DBE and the Contractor shall be submitted to the Engineer. The 13 <br />executed subcontracts shall be submitted by email to the following email 14 <br />address 15 <br /> 16 <br />*** NWRegionOEO@wsdot.wa.gov *** 17 <br /> 18 <br />The prime contractor shall notify the Engineer in writing within five calendar days 19 <br />of subcontract submittal. 20 <br /> 21 <br /> 22 <br />Reporting 23 <br />The Contractor and all subcontractors/suppliers/service providers that utilize 24 <br />DBEs to perform work on the project, shall maintain appropriate records that will 25 <br />enable the Engineer to verify DBE participation throughout the life of the project. 26 <br /> 27 <br />Refer to Section 1-08.1 for additional reporting requirements associated with this 28 <br />contract. 29 <br /> 30 <br />Changes in COA Work Committed to DBE 31 <br />The Contractor shall utilize the COA DBEs to perform the work and supply the 32 <br />materials for which each is committed unless prior written approval by the Engineer 33 <br />is received by the Contractor. The Contractor shall not be entitled to any payment 34 <br />for work or material completed by the Contractor or subcontractors that was 35 <br />committed to be completed by the COA DBEs in the DBE Utilization Certification 36 <br />form. 37 <br /> 38 <br />Owner Initiated Changes 39 <br />In instances where the Engineer makes changes that result in changes to Work 40 <br />that was committed to a COA DBE the Contractor may be directed to substitute 41 <br />for the Work. 42 <br /> 43 <br />Contractor Initiated Changes 44 <br />The Contractor cannot change the scope or reduce the amount of work 45 <br />committed to a COA DBE without good cause. Reducing DBE Commitment is 46 <br />viewed as partial DBE termination, and therefore subject to the termination 47 <br />procedures below. 48 <br /> 49