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Al2.3.3 Prime Contracts (Projects Covered by a DBE <br />Program) <br />DISADVANTAGED BUSINESS ENTERPRISES <br />Contract Assurance (§ 26.13) — <br />The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex <br />in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR <br />part 26 in the award and administration of Department of Transportation -assisted contracts. Failure by <br />the Contractor to carry out these requirements is a material breach of this contract, which may result in <br />the termination of this contract or such other remedy as the Owner deems appropriate, which may <br />include, but is not limited to: <br />1) Withholding monthly progress payments; <br />2) Assessing sanctions; <br />3) Liquidated damages; and/or <br />4) Disqualifying the Contractor from future bidding as non -responsible. <br />Prompt Payment (§26.29) — The prime contractor agrees to pay each subcontractor under this prime <br />contract for satisfactory performance of its contract no later than 30 days from the receipt of each <br />payment the prime contractor receives from Kittitas County. The prime contractor agrees further to <br />return 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 frame <br />may occur only for good cause following written approval of the [Name of Recipient]. This clause <br />applies to both DBE and non -DBE subcontractors. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 40 <br />