Iv.
8.
The Contractor is required to pay its subcontractors performing work
related to this Agreement for satisfactory performance of that work no later
than 30 days after the C o n tractor’s receipt of payment for that work from the
City. In addition, the Contractor may not hold retainage from its subcontractors
or must return any retainage payments to those subcontractors within 30 days
after the subcontractor’s work related to this Agreement is satisfactorily
completed or must return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor's work by
the City and Contractor's receipt of the partial retainage payment related to
the subcontractor’s work.
Ifa separate contract goal has been established, Bidders/offerors are
required to document sufficient DBE participation to meet these goals or,
alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53.
If no separate contract goal has been established, the successful
bidder/offeror will be required to report its DBE participation obtained through
race-neutral means throughout the period of performance.
The contractor must promptly notify the recipient whenever a DBE
subcontractor performing work related to this contract is terminated or fails to
complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor
may not terminate any DBE subcontractor and perform that work through its
own forces or those of an affiliate without prior written consent of the recipient.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms & Conditions
required by USDOT, whether or not expressly stated in the preceding contract
provisions. All USDOT-required contractual provisions, as stated in FTA Circular
4220.1F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of
a conflict with other provisions contained in this Agreement. The contractor shall not
perform any act, fail to perform any act, or refuse to comply with any request that
would cause the City to be in violation of FTA terms and conditions.
9. Debarment and Suspension.
(a) The Contractor agrees to comply with the requirements of Executive Order Nos. 12549 and
12689, “Debarment and Suspension,” 31 U.S.C. Section 6101 note; and USDOT regulations on
Debarment and Suspension and 49 CFR Part 29.
(b) Unless otherwise permitted, the Contractor agrees to refrain from awarding any third-party
contract of any amount to or entering into any subcontract of any amount with a party included in
the “U.S. General Services Administration’s (U.S. GSA) List of Parties Excluded from Federal
procurement and Non-procurement Program,” implementing Executive Order Nos. 12549 and
12689, “Debarment and Suspension” and 49 CFR Part 29. The list also include the names of
parties debarred, suspended, or otherwise excluded by agencies, and contractors declared
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