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CITY OF SANTA ANA <br />PROPOSAL <br />PROJECT NO,: 18-6903 <br />HAZARD AVENUE PROTECTED BIKE LANES <br />FEDERAL PROJECT NO: CML-5063 (182) <br />PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS <br />The undersigned, is submitting this proposal for performing by contract the work required by these <br />bid documents, certify to comply with the following: <br />The agency shall hold retainage from the prime contractor and shall make prompt and <br />regular incremental acceptances of portions, as determined by the agency, of the contract <br />work, and pay retainage to the prime contractor based on these acceptances. The prime <br />contractor, or subcontractor, shall return all monies withheld in retention from a <br />subcontractor within 30 days after receiving payment for work satisfactorily completed <br />and accepted including incremental acceptances of portions of the contract work by the <br />agency. Federal law (49CFR26.29) requires that any delay or postponement of payment <br />over 30 days may take place only for good cause and with the agency's prior written <br />approval. Any violation of this provision shall subject the violating prime contractor or <br />subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 <br />of the Business and Professions Code. These requirements shall not be construed to limit <br />or impair any contractual, administrative, or judicial remedies otherwise available to the <br />prime contractor or subcontractor in the event of a dispute involving late payment or <br />nonpayment by the prime contractor, deficient subcontract performance, or <br />noncompliance by a subcontractor. <br />Signed <br />Title President <br />Firm HYM Engineering, inc. <br />Date 2/26/2020 <br />P-33 of P-39 <br />