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Local Assistance Procedures Manual <br />Exhibit 9-A <br />DBE Implementation Agreement for Local Agencies <br />2. No retainage willbe held by the Local Agency from progress payments due to the prime <br />contractor. Any retainage kept by the prime contractor or by a subcontractor must be <br />paid in full to the earning subcontractor within seven (7) days for construction contracts, <br />or within fifteen (15) days for consultant contracts after the subcontractor's work is <br />satisfactorily completed. Any delay or postponement of payment may take place only for <br />good cause and with the Local Agency's prior written approval. Any violation of these <br />provisions shall subject the violating contractor or subcontractor to the penalties, <br />sanctions, and remedies specified in Section 7108.5 of the CBPC and Section 10262 of <br />the CPCC for construction contracts, and Section 3321 of the CCC for consultant <br />contracts. This requirement shall not be construed to limit or impair any contractual, <br />administrative, or judicial remedies, otherwise available to the contractor or <br />subcontractor in the event of a dispute involving late payment or nonpayment by the <br />contractor, deficient subcontractor performance, and/or noncompliance by a <br />subcontractor. This clause applies to both DBE and non -DBE subcontractors. <br />3. The Local Agency shall hold retainage from the prime contractor and shall make prompt <br />and regular incremental acceptances of portions, as determined by the Local Agency of <br />the contract work and pay retainage to the prime contractor based on these <br />acceptances. The prime contractor or subcontractor shall return all monies withheld in <br />retention from all subcontractors within seven (7) days for construction contracts, or <br />within fifteen (15) days for consultant contracts after receiving payment for work <br />satisfactorily completed and accepted including incremental acceptances of portions of <br />the contract work by the Local Agency. Any delay or postponement of payment may take <br />place only for good cause and with the Local Agency's prior written approval. Any <br />violation of these provisions shall subject the violating prime contractor to the penalties, <br />sanctions, and other remedies specified in Section 7108.5 of the CBPC and Section <br />10262 of the CPCC for construction contracts, and Section 3321 of the CCC for <br />consultant contracts. This requirement shall not be construed to limit or impair any <br />contractual, administrative, or judicial remedies, otherwise available to the contractor or <br />subcontractor in the event of. a dispute involving late payment or nonpayment by the <br />contractor; deficient subcontractor performance; and/or noncompliance by a <br />subcontractor. This clause applies to both DBE and non -DBE subcontractors. <br />Any violation of these provisions shall subject the violating prime contractor or subcontractor <br />to the penalties, sanctions and other remedies specified therein. These requirements shall <br />not be construed to limit or impair any contractual, administrative, or judicial remedies <br />otherwise available to the prime contractor or subcontractor in the event of a dispute <br />involving late payment or nonpayment by the prime contractor, deficient subcontract <br />performance, or noncompliance by a subcontractor. <br />XIII. Local Assistance Procedures Manual (LAPM) <br />The SUB -RECIPIENT will advertise, award and administer Federal -aid contracts in accordance <br />with the current Local Assistance Procedures Manual (LAPM) including Forms and Exhibits. <br />City Council 20 — 69 7/18% ge 6 of 8 <br />er 2020 <br />