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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP41 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />these requirements is a material breach of this Contract, which may result in the 1 <br />termination of this Contract or such other remedy as the recipient deems appropriate, 2 <br />which may include, but is not limited to: 3 <br /> 4 <br />(1) Withholding monthly progress payments; 5 <br /> 6 <br />(2) Assessing sanctions; 7 <br /> 8 <br />(3) Liquidated damages; and/or 9 <br /> 10 <br />(4) Disqualifying the Contractor from future bidding as non-responsible. 11 <br /> 12 <br />If the Contractor or any subcontractor of any tier, supplier, service providers, or 13 <br />professional services is deemed to be in non-compliance, the Contractor will be 14 <br />informed in writing by the Engineer that sanctions will be imposed for failure to meet 15 <br />the DBE COA Commitment and/or submit documentation of good faith efforts. The 16 <br />notice will state the specific sanctions to be imposed which may include impacting a 17 <br />Contractor or other entity’s ability to participate in future contracts. 18 <br /> 19 <br />Sanctions 20 <br />If it is determined that the Contractor’s failure to meet all or part of the DBE COA 21 <br />Commitment is due to the Contractor’s inadequate good faith efforts throughout the 22 <br />life of the Contract, including failure to submit timely, required Good Faith Efforts 23 <br />information and documentation, the Contractor may be required to pay DBE penalty 24 <br />equal to the amount of the unmet Commitment, in addition to the sanctions outlined 25 <br />in Section 1-07.11(5). 26 <br /> 27 <br />Payment 28 <br />Compensation for all costs involved with complying with the conditions of this 29 <br />Specification and any other associated DBE requirements is included in payment for the 30 <br />associated Contract items of Work, except otherwise provided in the Specifications. 31 <br /> 32 <br />1-07.12.GR1 33 <br />Federal Agency Inspection 34 <br /> 35 <br />1-07.12.INST1.GR1 36 <br />Section 1-07.12 is supplemented with the following: 37 <br /> 38 <br />1-07.12.OPT1.GR1 39 <br />(October 3, 2023) 40 <br />Required Federal Aid Provisions 41 <br />The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) 42 <br />Revised October 23, 2023 and the amendments thereto supersede any conflicting 43 <br />provisions of the Standard Specifications and are made a part of this Contract; provided, 44 <br />however, that if any of the provisions of FHWA 1273, as amended, are less restrictive 45 <br />than Washington State Law, then the Washington State Law shall prevail. 46 <br /> 47 <br />The provisions of FHWA 1273, as amended, included in this Contract require that the 48 <br />Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together 49 <br />with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall 50 <br />be included in each subcontract requiring the subcontractors to insert the FHWA 1273 51 <br />and amendments thereto in any lower tier subcontracts, together with the wage rates. 52