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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-49 <br />invitation and will not be discriminated against on the grounds of race, color, sex, or <br />national origin in consideration for an Award. <br />Title VI Assurance <br />a. The Contractor, with regard to the Work performed during the Contract, shall not <br />discriminate on the grounds of race, color, sex or national origin in the selection <br />and retention of subcontractors, including procurement of materials and leases of <br />equipment. The Contractor shall not participate either directly or indirectly in such <br />discrimination, including discrimination in employment practices. <br />b. In all solicitations either by competitive bidding or negotiations made by the <br />Contractor for Work to be performed under a subcontract, including procurement <br />of materials or leases of equipment, each potential Subcontractor or suppler shall <br />be notified by the Contractor of the Contractor’s obligations under this Contract. <br />c. The Contractor shall provide all information and reports required by federal <br />regulations applicable to this Contract. The Contractor shall permit access to its <br />books, records, accounts, other sources of information, and its facilities as may <br />be determined by the City to be pertinent to ascertain compliance with applicable <br />federal regulations. Where any information required of a Contractor is in the <br />exclusive possession of another who fails or refuses to furnish this information, <br />the Contractor shall so certify to the City, and shall set forth what efforts it has <br />made to obtain the information. <br />d. In the event of the Contractor’s noncompliance with the nondiscrimination <br />provisions of this Contract, the City shall impose such Contract sanctions as it, or <br />the City’s funding agencies, may determine to be appropriate, including, but not <br />limited to: (a) withholding of payments to the Contractor until the Contractor <br />complies, and/or (b) termination or suspension of the Contract, in whole or in <br />part. <br />e. The Contractor shall include the provisions of paragraphs (a) through (e) in every <br />subcontract, including contracts for procurement and leases of equipment, unless <br />exempt by applicable federal regulations or directives issued pursuant thereto. <br />The Contractor shall take such action, including sanctions for noncompliance, <br />with respect to Subcontractors as the City or relevant federal agency may direct <br />so as to enforce such provisions. Provided, however, in the event a Contractor <br />becomes involved in, or is threatened with, litigation with a Subcontractor or <br />supplier as a result of the foregoing direction, the Contractor may request that the <br />City or the United States to enter into such litigation to protect their respective <br />interests. <br />In the event of any inconsistency between the above supplemental requirements to <br />1-07.11 and the requirements of the 1-07.11 of the Standard Specifications, the more <br />stringent requirements control, unless otherwise determined by the City in writing. In <br />addition, the City may determine in writing that one or more provisions of 1-07.11 of <br />the Standard Specifications are not applicable. <br />1-07.14 Responsibility for Damage <br />Delete 1-07.14 and replace with the following: <br />The City, and all officers and employees of the City, including but not limited to those of <br />the Public Works Department, will not be responsible in any manner: for any loss or <br />damage that may happen to the Work or any part; for any loss of material or damage to <br />any of the materials or other things used or employed in the performance of Work; for