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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 47 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />(1) Withholding monthly progress payments; 1 <br /> 2 <br />(2) Assessing sanctions; 3 <br /> 4 <br />(3) Liquidated damages; and/or 5 <br /> 6 <br />(4) Disqualifying the Contractor from future bidding as non -responsible. 7 <br /> 8 <br />Notice 9 <br />If the Contractor or any Subcontractor, Consultant, Regular Dealer, or service 10 <br />provider is deemed to be in non -compliance, the Contractor will be informed in 11 <br />writing, by certified mail by the Engineer that sanctions will be imposed for failure 12 <br />to meet the DBE COA Commitment and/or submit documentation of good faith 13 <br />efforts. The notice will state the specific sanctions to be imposed which may 14 <br />include impacting a Contractor or other entity’s ability to participate in future 15 <br />contracts. 16 <br /> 17 <br />Sanctions 18 <br />If it is determined that the Contractor’s failure to meet all or part of the DBE COA 19 <br />Commitment is due to the Contractor’s inadequate good faith efforts throughout the 20 <br />life of the Contract, including failure to submit timely, required Good Faith Efforts 21 <br />information and documentation, the Contractor may be required to pay DBE penalty 22 <br />equal to the amount of the unmet Commitment, in addition to the sanctions outlined 23 <br />in Section 1-07.11(5). 24 <br /> 25 <br />Payment 26 <br />Compensation for all costs involved with complying with the conditions of this 27 <br />Specification and any other associated DBE requirements is included in payment for 28 <br />the associated Contract items of Work, except otherwise provided in the 29 <br />Specifications. 30 <br /> 31 <br />1-07.11(2).GR1 32 <br />Contractual Requirements 33 <br /> 34 <br />1-07.11(2).INST1.GR1 35 <br />Section 1-07.11(2) is supplemented with the following: 36 <br /> 37 <br />1-07.11(2).OPT1.2025.GR1 38 <br />(January 24, 2024) 39 <br />11. The Contractor shall comply with the following nondiscrimination provisions, and 40 <br />the Contractor shall ensure the nondiscrimination provisions are included in all 41 <br />subcontracts: 42 <br /> 43 <br />a. Nondiscrimination Requirement. During the term of this Contract, the 44 <br />Contractor, including all subcontractors, shall not discriminate on the bases 45 <br />enumerated at RCW 49.60.530(3). In addition, the Contractor, including all 46 <br />subcontractors, shall give written notice of this nondiscrimination 47 <br />requirement to any labor organizations with which the Contractor, or 48 <br />subcontractor, has a collective bargaining or other agreement. 49 <br /> 50 <br />b. Obligation to Cooperate. The Contractor, including all subcontractors, shall 51 <br />cooperate and comply with any Washington state agency investigation 52