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49 CFR Part 26 Revised: February 12, 2019 <br />Promot Pavme nt Disoute Resolution <br />Kittitas County will take the following steps to resolve disputes as to whether <br />work has been satisfactorily completed for purposes of $26.29. <br />. The steps include meetings between prime and subcontractors, with project <br />representatives and/or project manager as appropriate. lt is recommended <br />that any meeting forthe purpose of dispute resolution include individuals <br />authorized to bind each interested party, including Kittitas County <br />representative(s) with authority to take enforcement action. <br />Kittitas County has established, as part of its DBE program, the following mechanism(s) to <br />ensure prompt payment and return of retainage: <br />a Alternative dispute resolution (ADR) <br />o Kittitas County requires the prime contractor to submit a detailed <br />alternative dispute resolution plan for your approval prior to the issuance <br />of any notice to proceed. <br />Promot Pavme nt Complaints <br />Complaints by subcontractors regarding the prompt payment requirements are handled <br />according to the following procedure: <br />Subcontractors may contact the DBELO for coordination with the prime in <br />regards to payment discrepancies. <br />Kittitas County will assist to resolve prompt payment disputes in the event <br />that the DBELO is unable to resolve the complaint. <br />Pursuant to Sec. 157 of the FAA Reauthorization Act of 2018, all complaints <br />related to prompt payment will be reported in a format acceptable to the FAA, <br />including the nature and origin of the complaint and its resolution <br />Enforcement Actions for N oncom oliance of Particioants <br />Kittitas County will provide appropriate means to enforce the requirements of $26.29. These <br />means include: <br />ln accordance with the contract, assessing liquidated damages against the <br />prime contractor for each day beyond the required time period the prime <br />contractor fails to pay the gubcontractor. <br />Kittitas County may terminate the contract for failure to comply with the <br />agreement. <br />Kittitas County will actively implement the enforcement actions detailed above <br />a <br />a <br />a <br />a <br />9