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• <br /> FINAL <br /> 11 /8 /00 <br /> KII Required Contract Clauses (§§26.13. 26.29) <br /> Contract Assurance <br /> • <br /> We will ensure that the following clause is placed in every DOT - assisted contract and subcontract: <br /> The contractor or subcontractor shall not discriminate on the basis of race, color, national <br /> origin, or sex in the performance of this contract. The contractor shall carry out applicable <br /> requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. <br /> Failure by the contractor to carry out these requirements is a material breach of this contract, <br /> which may result in the termination of this contract or such other remedy as the local agency <br /> recipient deems appropriate. <br /> Prompt Payment <br /> We will ensure that the following clauses or equivalent in each DOT - assisted prime contract: <br /> Satisfactory Performance <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. Any delay or postponement of payment <br /> from the above referenced time frame may occur only for good cause following written <br /> approval of the City of San Leandro. This clause applies to both DBE and non -DBE <br /> subcontractors. <br /> Release of Retainage <br /> The prime contractor further agrees to release retainage payments to each subcontractor within <br /> 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement <br /> of payment from the above referenced time frame may occur only for good cause following <br /> written approval of the City of San Leandro. This clause applied to both DBE and non -DBE <br /> subcontractors. <br /> XIII Monitoring and Enforcement Mechanisms ( §26.37) <br /> The City of San Leandro will assign a Resident Engineer (RE) or Contract Manager to monitor and <br /> track actual DBE participation through contractor and subcontractor reports of payments in accordance <br /> with 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 <br /> of items each DBE and first tier subcontractors will be performing and the dollar value of that <br /> work. With these documents the RE /Contract Manager will be able to determine the work to be <br /> performed by the DBEs or subcontractors listed. <br /> Paite <br />