Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 10 The Contractor 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 FTA-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 City of Everett deems appropriate, which may include, but is not limited to: a. Withholding monthly progress payments; b. Assessing sanctions; c. Liquidated damages; and/or d. Disqualifying the Contractor from future bidding as non-responsible per 49 CFR§ 26.13(b). 2. Prompt Payment and Retainage The following clause is incorporated in every FTA-assisted prime contract: When payment is received by a Contractor or Subcontractor for work performed, the Contractor or Subcontractor shall pay to any Subcontractor no later than ten (10) days after the receipt of the payment, amounts allowed the Contractor on account of the work performed by the Subcontractor, to the extent of each Subcontractor's interest therein, unless the payment otherwise is excused under the provisions of RCW 39.04.250.. This requirement shall flow down from Contractor to all lower tier subcontractors. The City of Everett will not withhold any retainage or payments owing to the Contractor. The Contractor shall not withhold any retainage or payments owing to any Subcontractor. No delays or postponements of payment from the above referenced timeframe may occur unless approved in writing by the City. This clause applies to the DBE and non-DBE subcontracts. If an DBE has not been paid on time, it should seek to resolve issues with the Contractor or Subcontractor, if the DBE is on a lower tier. If a satisfactory resolution is not arrived at, the DBE may approach the City of Everett Procurement Manager for assistance. 3. Resolving Payment Disputes, Discrepancies and Delays Per 49 CFR §26.29 Contractors shall include in their subcontracts language providing that Contractor and Subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. Further, if a payment to a Contractor by the City of Everett is in dispute, has discrepancies or is delayed for any other reason, Contractor shall pay its DBE subcontractor(s) in a timely manner, without waiting for receipt of payment from the City of Everett. 4. Use of DBE Financial Institutions: Per 49 CFR Part 26.27, Contractors and Subcontractors are encouraged to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in their community and make reasonable efforts to use these institutions. The list of such firms is available at: www.federalreserve.gov/releases/mob.