Trinity Contractors, Inc 3/1/2017

I • The failure or refusal of the COA DBE to perform its Work on the subcontract results from the bad faith or discriminatory action of the Contractor (e.g., the failure of the Contractor to make timely payments or the unnecessary placing of obstacles in the path of the ' DBE's Work). Prior to requesting termination, the Contractor shall give notice in writing to the ' DBE with a copy to the Engineer of its intent to request to terminate DBE Work and the reasons for doing so. The DBE shall have five (5) working days to respond to the Contractor's notice. The DBE's response shall either support the termination or advise the Engineer and the Contractor of the reasons it objects to the termination of its subcontract. When a COA DBE is terminated, or fails to complete its work on the contract for any reason, the Contractor shall substitute with another DBE, substitute other DBE participation or provide documentation of GFE. A plan to achieve the COA DBE Commitment shall be submitted to the Engineer within 2 1 working days of the approval of termination or the Contract shall be suspended until such time the substitution plan is submitted. Decertification/Graduation When a DBE is "decertified" or "graduates" from the DBE program during the course of the Contract, the participation of that DBE shall continue to count towards the DBE COA Goal as long as the subcontract with the DBE was executed prior to the decertification notice. The Contractor is obligated to substitute when a DBE does not have an executed subcontract agreement at the time of decertification/graduation. ' Consequences of Non-Compliance Breach of Contract ' Each contract with a Contractor (and each subcontract the Contractor signs with a Subcontractor) must include the following assurance clause: The Contractor, subrecipient, or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in ' the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other ' remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; 1 (3) Liquidated damages; and/or (4) Disqualifying the Contractor from future bidding as non-responsible. CITYWIDE INTERSECTION SIGNING FED AID#HSIP-0005(439); COE#3628 45 November 16, 2016