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4. Copies of any pertinent correspondence and documented verbal communications between <br /> the Consultant and the named UDBE. <br /> 5. Documentation of the Good. Faith Efforts in finding a replacement UDBE and the results <br /> of the efforts. It is within the control of the Consultant to locate, prior to award, UDBEs that offer <br /> reasonable prices and that could reasonably be expected to perform the work. For this reason, <br /> increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind <br /> replacement. <br /> C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete <br /> performance of the work, the Consultant shall furnish to the Department the following: <br /> 1. Documentation that the subject UDBE did not perform in a satisfactory manner. <br /> 2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in <br /> default. <br /> 3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE <br /> stating that it cannot complete the work and it is turning the work back to the Consultant. <br /> 4. Copy of the contract between the Consultant and the UDBE, plus any modifications <br /> thereto. <br /> 21.8. Sanctions <br /> A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to <br /> participate in the performance of the work. <br /> B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully <br /> consistent with the intent of the DBE program, and in substantial compliance with the terms and <br /> conditions of these DBE definitions and requirements. <br /> C. UDBE firms which fail to perform a commercially useful function as described in subsection <br /> 4(E) of these DBE definitions and requirements or operate in a manner which is not consistent with <br /> the intent of the DBE program may be subject to revocation of certification. <br /> D. A finding by the Department that the Consultant has failed to comply with the terms and <br /> conditions of these DBE definitions and requirements may constitute sufficient grounds for default <br /> and termination of the Contract. <br /> 22.0 COLORADO DEPARTMENT OF TRANSPORTATION AND FEDERAL <br /> REQUIREMENTS <br /> 22.1a The design work under this Agreement shall be compatible with the requirements of a <br /> separate contract between the City, as Local Agency, and the State of Colorado (which is <br /> incorporated herein by this reference) for the design/construction of the project. The State is <br /> an intended third party beneficiary of this contract for that purpose. <br /> 22.1b Upon advertisement of the project: work for construction, the Contractor shall make available <br /> 13 <br />