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CITY OF SANTA ANA <br />PROPOSAL <br />PROJECT NO. 15-6830: Pedestrian Countdown Heads and Push Buttons <br />PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS <br />The undersigned, is submitting this proposal for performing by contract the work required by <br />these 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 <br />contract work, and pay retainage to the prime contractor based on these acceptances. <br />The prime contractor, or subcontractor, shall return all monies withheld in retention <br />from a subcontractor within 30 days after receiving payment for work satisfactorily <br />completed and accepted including incremental acceptances of portions of the contract <br />work by the agency. Federal law (49CFR26.29) requires that any delay or postponement <br />of payment over 30 days may take place only for good cause and with the agency's <br />prior written approval. Any violation of this provision shall subject the violating prime <br />contractor or subcontractor to the penalties, sanctions and other remedies specified in <br />Section 7108.5 of the Business and Professions Code. These requirements shall not be <br />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 />Signed <br />Title <br />Firm SIEMENS INDUSTRY, INC. <br />Date <br />BP -32 <br />