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contract or such other remedy as the Procuring Agency deems appropriate. Each subcontract the <br />contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR <br />26.13(b)). <br />The successful bidder /offeror will be required to report its DBE participation obtained through race- <br />neutral means throughout the period of performance. <br />c. The contractor is required to pay its subcontractors performing work related to this contract for <br />satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for <br />that work from the Procuring Agency. In addition, these may apply: <br />the contractor may not hold retainage from its subcontractors; or <br />is required to return any retainage payments to those subcontractors within 30 days <br />after the subcontractor's work related to this contract is satisfactorily completed; or <br />is required to return any retainage payments to those subcontractors within 30 days <br />after incremental acceptance of the subcontractor's work by the Procuring Agency and <br />contractor's receipt of the partial retainage payment related to the subcontractor's work. <br />d. The contractor must promptly notify the Procuring Agency whenever a DBE subcontractor <br />performing work related to this contract is terminated or fails to complete its work, and must make <br />good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. <br />The contractor may not terminate any DBE subcontractor and perform that work through its own forces <br />or those of an affiliate without prior written consent of the Procuring Agency. <br />9. Clean Air Act <br />(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued <br />pursuant to Section 306 of the Clean Air Act as amended, 42 U.S.C. § 7606, and other applicable <br />provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q. The Contractor <br />agrees to report any violation to the Purchaser and understands and agrees that the Purchaser will, in <br />turn, report each violation as required to assure notification to the State and/or FTA and the <br />appropriate EPA Regional Office. <br />(b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal Assistance provided by FTA.. <br />10. Clean Water <br />(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued <br />pursuant to Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other applicable <br />requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377, The Contractor <br />agrees to report each violation as required to assure notification to FTA and the appropriate EPA <br />Regional Office. <br />(b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal assistance provided by FTA. <br />11. Environmental Protection <br />The Contractor agrees to comply with all applicable requirements of the National Environmental Policy <br />Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S. C. § <br />5159, if applicable); Executive Order No. 11514, as amended, "Protection and Enhancement of <br />Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements at 49 U.S.C. § 5323(c)(2) <br />}, as amended by MAP -21, ; U.S. Council on Environmental Quality regulations pertaining to <br />33 <br />Attachment number 1 <br />F -5 Page 187 <br />