8973-17 $337,000.00 Riverside Drive Resurfacing ODOT

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10 The reconsideration official will not have played any role in the original determination that the Contractor did not document sufficient good faith effort. As part of this reconsideration, the Contractor will have the opportunity to provide written documentation or an argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. ODOT will send the Contractor a written decision on reconsideration explaining the basis for finding that the Contractor did or did not meet the goal or make adequate good faith efforts. The result of the reconsideration process is not administratively appealable. ODOT may issue sanctions if the Contractor fails to comply with the contract requirements and /or fails to demonstrate the necessary good faith effort. ODOT may impose any of the following sanctions: (a) letter of reprimand; (b) contract termination; and /or (c) other remedies available by law including administrative suspension. Factors to be considered in issuing sanctions include, but are not limited to: (a) the magnitude and the type of offense; (b) the degree of the Consultant's culpability; (c) any steps taken to rectify the situation; (d) the Contractor's record of performance on other projects including, but not limited to: (1) annual DBE participation over DBE goals; (2) annual DBE participation on projects without goals; (3) number of complaints ODOT has received from DBEs regarding the Contractor; and, (4) the number of times the Contractor has been previously sanctioned by ODOT; and, (e) Whether the Contractor falsified, misrepresented, or withheld information. 10.4 During the performance of this contract, the LPA, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The LPA will comply with the regulations relative to nondiscrimination in Federally- assisted programs of the United States Department of Transportation (hereinafter "U.S. DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. In addition, the LPA will comply with the provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FHWA Guidance, and any other Federal, State, and/or local laws, rules and /or regulations (hereinafter referred to as "ADA/504 ").