2024/01/31 Council Agenda Packet

Federal Transit Administration Clauses 10 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 thirty (30) 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. I. Small Business Participation Bidders on public works contracts greater than $100,000 must identify and provide specific subcontracts appropriate for small business participation. Definition of Small Business per the Code of Federal Regulations (CFR), Title 49: Transportation, Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, Subpart A – General, Paragraph 26.5: Small business concern means, with respect to firms seeking to participate as DBEs in DOT-assisted contracts, a small business concern as defined pursuant to section 3 of the Small Business Act and