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AGREEMENT NO, C -5 -3632 <br />EXHIBIT D <br />days. Consultant agrees further to return retainage payments to each Subconsultant within <br />thirty (30) calendar days after the Subconsultant's work is satisfactorily completed. Authority <br />reserves the right to request the appropriate documentation from Consultant showing <br />payment has been made to the Subconsultants. Any delay or postponement of payment <br />from the above referenced time frames may occur only for good cause following written <br />approval by Authority. <br />In accordance with 49 CFR part 26.29 "Prompt Payment Provisions" (DBE Final Rule) the <br />Authority will elect to utilize the following method to comply with the prompt payment of <br />retainage requirement: <br />Hold retainage from the Consultant and provide for prompt and regular incremental <br />acceptances of portions of the Consultant, pay retainage to prime Consultants based on <br />these acceptances, and require a contract clause obligating the Consultant to pay all <br />retainage owed to the Subconsultants for satisfactory completion of the accepted work within <br />thirty (30) days after payment to the Consultant. <br />Failure to comply with this provision or delay in payment without prior written approval from <br />Authority will constitute noncompliance, which may result in appropriate administrative <br />sanctions, including, but not limited to a withhold of two (2 %) percent of the invoice amount <br />due per month for every month that payment is not made. <br />These prompt payment provisions must be incorporated in all subcontract agreements issued <br />by Consultant under this Agreement. Each subcontract must require the Subconsultant to <br />make payments to sub - Subconsultants and suppliers in a similar manner. <br />XII. Administrative Remedies and Enforcement <br />Consultant must fully comply with the DBE contract requirements, including the Authority's <br />DBE Program and Title 49 CFR, Part 26 "Participation of Disadvantaged Businesses in <br />Department of Transportation Financial Assistance Programs" and ensure that all <br />Subconsultants regardless of tier are also fully compliant. Consultant's failure to comply <br />constitutes a material breach of contract, wherein the Authority will impose all available <br />administrative sanctions including payment withholdings, necessary to effectuate full <br />compliance. In instances of identified non - compliance, a Cure Notice will be issued to the <br />Consultant identifying the DBE non - compliance matter(s) and specifying the required course <br />of action for remedy. <br />The Consultant must be given ten (10) working days from the date of the Cure Notice to <br />remedy or to (1) File a written appeal accompanied with supporting documentation and /or (2) <br />Request a hearing with the Authority to reconsider the Authority's DBE determination. Failure <br />to respond within the ten (10) working day period must constitute a waiver of the Consultant's <br />right to appeal. If the Consultant files an appeal, the Authority, must issue a <br />written determination and /or set a hearing date within ten (10) working days of receipt of the <br />written appeal, as applicable. A final Determination will be issued within ten (10) working days <br />after the hearing, as applicable. <br />If, after review of the Consultant's appeal, the Authority decides to uphold the decision to <br />impose DBE administrative remedies on the Consultant, the written determination must state <br />the specific remedy(s) to be imposed. <br />Orange County Transportation Authority 13 <br />Revised. 0510612014 <br />