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2025 FEDERAL OVERLAY, BROADWAY – CALIFORNIA ST TO 18TH ST SPECIAL PROVISIONS <br />FEDERAL AID# STBGUL-2715(012); COE PW# 3841 SP-41 May 6, 2025 <br /> <br /> 1 <br />The Contractor, subrecipient, or subcontractor shall not discriminate on the basis of 2 <br />race, color, national origin, or sex in the performance of this contract. The Contractor 3 <br />shall carry out applicable requirements of 49 CFR Part 26 in the award and 4 <br />administration of DOT-assisted contracts. Failure by the Contractor to carry out 5 <br />these requirements is a material breach of this Contract, which may result in the 6 <br />termination of this Contract or such other remedy as the recipient deems appropriate, 7 <br />which may include, but is not limited to: 8 <br /> 9 <br />(1) Withholding monthly progress payments; 10 <br /> 11 <br />(2) Assessing sanctions; 12 <br /> 13 <br />(3) Liquidated damages; and/or 14 <br /> 15 <br />(4) Disqualifying the Contractor from future bidding as non-responsible. 16 <br /> 17 <br />If the Contractor or any subcontractor of any tier, supplier, service providers, or 18 <br />professional services is deemed to be in non-compliance, the Contractor will be 19 <br />informed in writing by the Engineer that sanctions will be imposed for failure to meet 20 <br />the DBE COA Commitment and/or submit documentation of good faith efforts. The 21 <br />notice will state the specific sanctions to be imposed which may include impacting a 22 <br />Contractor or other entity’s ability to participate in future contracts. 23 <br /> 24 <br />Sanctions 25 <br />If it is determined that the Contractor’s failure to meet all or part of the DBE COA 26 <br />Commitment is due to the Contractor’s inadequate good faith efforts throughout the 27 <br />life of the Contract, including failure to submit timely, required Good Faith Efforts 28 <br />information and documentation, the Contractor may be required to pay DBE penalty 29 <br />equal to the amount of the unmet Commitment, in addition to the sanctions outlined 30 <br />in Section 1-07.11(5). 31 <br /> 32 <br />Payment 33 <br />Compensation for all costs involved with complying with the conditions of this 34 <br />Specification and any other associated DBE requirements is included in payment for the 35 <br />associated Contract items of Work, except otherwise provided in the Specifications. 36 <br /> 37 <br />1-07.12.GR1 38 <br />Federal Agency Inspection 39 <br /> 40 <br />1-07.12.INST1.GR1 41 <br />Section 1-07.12 is supplemented with the following: 42 <br /> 43 <br />1-07.12.OPT1.GR1 44 <br />(October 3, 2023) 45 <br />Required Federal Aid Provisions 46 <br />The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) 47 <br />Revised October 23, 2023 and the amendments thereto supersede any conflicting 48 <br />provisions of the Standard Specifications and are made a part of this Contract; provided, 49 <br />however, that if any of the provisions of FHWA 1273, as amended, are less restrictive 50 <br />than Washington State Law, then the Washington State Law shall prevail. 51 <br /> 52