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invoice. Failure to provide the summary of DBE payments with the final invoice will <br />result in twenty-five percent (25%) of the dollar value of the invoice being withheld <br />from payment until the form is submitted. The amount will be returned to <br />CONSULTANT when a satisfactory"Final Report -Utilization of Disadvantaged <br />Business Enterprises (DBE), First -Tier Subconsultants" is submitted to the Contract <br />Administrator. <br />K. If a DBE subconsultant is decertified during the life of the contract, the decertified <br />subconsultant shall notify CONSULTANT in writing with the date of decertification. <br />If a subconsultant becomes a certified DBE during the life of the Contract, the <br />subconsultant shall notify CONSULTANT in writing with the date of certification. <br />Any changes should be reported to LOCAL AGENCY's Contract Administrator <br />within 30 days. <br />ARTICLE XXIH INSPECTION OF WORK <br />A. CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, <br />and the FHWA if federal participating funds are used in this contract; to review and <br />inspect the project activities and files at all reasonable times during the performance <br />period of this contract including review and inspection on a daily basis. <br />ARTICLE XXXI RETENTION OF FUNDS <br />A. Any subcontract entered into as a result of this Contract shall contain all of the <br />provisions of this section. <br />B. No retainage will be withheld by the Agency from progress payments due the prime <br />consultant. Retainage by the prime consultant or subconsultants is prohibited, and no <br />retainage will be held by the prime consultant from progress due subconsultants. Any <br />violation of this provision shall subject the violating prime consultant or <br />subconsultants to the penalties, sanctions, and other remedies specified in Section <br />7108.5 of the California Business and Professions Code. This requirement shall not <br />be construed to limit or impair any contractual, administrative, or judicial remedies, <br />otherwise available to the prime consultant or subconsultant in the event of a dispute <br />involving late payment or nonpayment by the prime consultant or deficient <br />subconsultant performance, or noncompliance by a subconsultant. This provision <br />applies to both DBE and non -DBE prime consultants and subconsultants. <br />WHM69.ffiS.011/San Mateo County Office WMc545 <br />