Pellco Construction, Inc. 6/22/2016

1 2 Payment 3 Compensation for all costs involved with complying with the conditions of 4 this specification and any other associated DBE requirements is included 5 in payment for the associated Contract items of Work. 6 7 Damages for Noncompliance 8 The Prime Contractor shall not discriminate on the basis of race, color, 9 national origin, or sex in the performance of this Contract. The Prime 10 Contractor shall carry out applicable requirements of 49 CFR Part 26 in 11 the award and administration of Contracts, which contain funding 12 assistance from the United States Department of Transportation. Failure 13 by the Prime Contractor to carry out these requirements is a material 14 breach of this Contract, which may result in the Termination of this 15 Contract or such other remedy as the Contracting Agency deems 16 appropriate. 17 18 If the Prime Contractor does not comply with any part of its Contract as 19 required under 49 CFR part 26, and/or any other applicable law or 20 regulation regarding DBE, the Contracting Agency may withhold payment, 21 suspend the ability of the Prime Contractor to participate in future 22 Contracting Agency contracts, impose sanctions or Terminate the 23 Contract, and subject the Prime Contractor to civil penalties of up to ten 24 percent of the amount of the Contract for each violation. In the case of 25 WSDOT Contracts, prequalification may be suspended pursuant to WAC 26 468-16-180, and continuous violations (exceeding a single violation) may 27 also disqualify the Prime Contractor from further participation in WSDOT 28 Contracts for a period of up to three years. 29 30 An apparent low Bidder must be in compliance with these Contract 31 Provisions as a condition precedent to the granting of a notice of award by 32 the Contracting Agency. The Prime Contractor is entitled to request an 33 adjudicative proceeding with respect to the Contracting Agency's 34 determination of Contract violation and assessed penalties by filing a 35 written application within thirty days of receipt of notification. The 36 adjudicative proceeding, if requested, will be conducted by an 37 administrative law judge pursuant to the procedures set forth in RCW 38 34.05 and Chapter 10.08 of the Washington Administrative Code. 39 40 '10712�GR'I 41 Federal Agency Inspection 42 43 110712YINSMFGAT'I 44 Section 1-07.12 is supplemented with the following: 45 46 ,1'; 07 T2 OPT1 GR1' 47 (January 25, 2016) 48 Required Federal Aid Provisions 49 The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) 50 Revised May 1, 2012 and the amendments thereto supersede any conflicting provisions HAWTHORNE ELEMENTARY SAFE ROUTES TO SCHOOL FED AID#SRTS-0420(021); COE#3540 SP-49 March 16,2016