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• <br /> DRAFT <br /> 9/5/00 <br /> Prompt Payment <br /> We will include the following clause or equivalent in each FHWA- assisted prime contract: <br /> The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory <br /> performance of its contract no later than 10 days from the receipt of each payment the prime <br /> contractor receives from the City of San Leandro. The prime contractor agrees further to return <br /> retainage payments to each subcontractor within 30 days after the subcontractor's work is <br /> satisfactorily completed. Any delay or postponement of payment from the above referenced time <br /> frame may occur only for good cause following written approval of the City of San Leandro. <br /> This clause applies to both DBE and non -DBE subcontractors. <br /> X1 i\'lonitoring and Enforcement Mechanisms ( §26.37) <br /> The City of San Leandro will assign a Resident Engineer (RE) or Contract Manager to monitor and track <br /> actual DBE participation through contractor and subcontractor reports of payments in accordance with <br /> the following: <br /> A. After Contract Award <br /> After the contract award, the City of San Leandro will review the award documents for the portion of <br /> items each DBE and first tier subcontractors will be doing and the dollar value of that work. With <br /> these documents the RE /Contract Manager will be able to determine the work to be performed by the <br /> DBEs or subcontractors listed. <br /> B. Preconstruction Conference <br /> I. A preconstruction conference will be scheduled between the RE and the contractor or their <br /> representative to discuss the work each DBE subcontractor will perform. <br /> 2. Before work can be started on a subcontract, the City of San Leandro will require that the <br /> contractor submit a completed "Subcontracting Request," Exhibit 16 -B of the LAPM. When the <br /> RE receives the completed form, it will be checked for agreement of the first tier subcontractor <br /> and DBEs. The RE will not approve the request when :it identifies someone other than the DBE <br /> or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE <br /> Information." Exhibit 1 5 -G. The "Subcontracting Request" will not be approved until any <br /> discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other <br /> concern, the RE will require the contractor to eliminate the subcontractor in question before <br /> signing the subcontracting request. A change in the DBE or first tier subcontractor may be <br /> addressed during a substitution process at a later date. <br /> 3. Suppliers, vendors. or manufacturers listed on the "Local Agency Bidder DBE Information" will <br /> be compared to those listed in the completed Exhibit 16 -I of the LAPM. Differences must be <br /> resolved by either making corrections or requesting a substitution. <br /> Page 4 of 9 <br />