Prompt Payment of Withheld Funds to Subconsultants. ALAMEDA CTC shall hold retainage, if any, from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by ALAMEDA CTC, of the contract work, and pay retainage to the CONSULTANT based on these acceptances. CONSULTANT or its subconsultants shall return all monies withheld in retention from all subconsultants, regardless of tier, within thirty (30) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE subconsultants.
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