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1 <br /> L1 The Contractor, subrecipient, or Subcontractor shall not discriminate on the basis <br /> 2 of race, color, national origin, or sex in the performance of this contract. The <br /> 3 Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award <br /> I 4 and administration of DOT-assisted contracts. Failure by the Contractor to carry <br /> 5 out these requirements is a material breach of this contract, which may result in <br /> 6 the termination of this contract or such other remedy as the recipient deems <br /> I 7 appropriate, which may include, but is not limited to: <br /> 8 <br /> 9 (1) Withholding monthly progress payments; <br /> 10 <br /> 11 (2) Assessing sanctions; <br /> 12 <br /> I13 (3) Liquidated damages; and/or <br /> 14 <br /> 15 (4) Disqualifying the Contractor from future bidding as non-responsible. <br /> I16 <br /> 17 Payment <br /> 18 Compensation for all costs involved with complying with the conditions of this <br /> I19 Specification and any other associated DBE requirements is included in payment <br /> 20 for the associated Contract items of Work, except otherwise provided in the <br /> 21 Specifications. <br /> I22 <br /> 23 (June 1, 2017, WSDOT GSP) <br /> 24 <br /> 1 25 Small Business Enterprise Participation <br /> 26 The Small Business Enterprise (SBE) Program is an element of the Disadvantaged Business <br /> 27 Enterprise (DBE) Program in accordance with the requirements of 49 CFR Part 26.39. As <br /> 28 such, the requirements of this contract establish affirmative efforts to utilize SBE certified <br /> I29 firms on construction projects. No preference will be included in the evaluation of <br /> 30 Bids/Proposals. No minimum level of SBE participation shall be required as a Condition of <br /> 31 Award and Bids/Proposals may not be rejected or considered non-responsive on that basis. <br /> I32 <br /> 33 Voluntary SBE Goals <br /> 34 A voluntary goal amount of ten percent of the Contract bid amount is established. <br /> I35 <br /> 36 The goal is voluntary, but achievement of the goal is encouraged. No preference will be <br /> 37 included in the evaluation of bids/proposals. Bidders may contact the Washington State <br /> I38 Office of Minority and Women's Business Enterprises(OMWBE)at 360-664-9750 or visit <br /> 39 www.omwbe.wa.gov to obtain information on certified SBE firms. <br /> 40 <br /> I41 Required SBE Participation Plan <br /> 42 The Contractor shall submit a SBE Participation Plan prior to commencing contract work. <br /> 43 Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable <br /> I44 opportunities are not. <br /> 45 <br /> 46 For SBE Participation Plan Drafting Guidelines, please visit: <br /> 47 <br /> I48 www.wsdot.wa.gov/equalopportunity. <br /> 49 <br /> IWEST MARINE VIEW DRIVE UTILITIES PAGE 46 OF 117 August 2018 <br /> WORK ORDER#3588 <br /> SPECIAL PROVISIONS <br /> I <br />