AgdaPkt 2016-03-28 Joint SA and PFA

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ATTY/AGR/2016.053/CDM SMITH REV: 03-22-16 JS Page 12 of 18 signed by both parties. 30. Amendment. 30.1. This Agreement may be amended or modified only by mutual written agreement of the parties. Consultant shall only commence work covered by an amendment after the amendment is executed and a Notice to Proceed has been provided by City’s Contract Administrator. 30.2. There shall be no change in Consultant’s Project Manager or members of the project team, as listed in the Cost Proposal, which is a part of this Agreement without prior written approval by the City’s Contract Administrator. 31. Disadvantaged Business Enterprise (DBE) Participation. 31.1 This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultant must give consideration to DBE firms as specified in 23 CFR 172.5(b), 49 CFR, Part 26, and Exhibit “C”, “Notice to Proposers Disadvantaged Business Enterprise Information”, attached hereto and incorporated herein by this reference. 31.2 The Goal for DBE participation for this Agreement is 7%. Participation by DBE consultant or subcontractors shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit “D”) attached hereto and incorporated as part of the Agreement. If a DBE subcontractor is unable to perform, Consultant must make a good faith effort to replace the subcontractor with another DBE subcontractor if the goal is not otherwise met. Consultant must provide and sign the required Caltrans DBE forms. 31.3 DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The Consultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate. 31.4 Performance of DBE Consultant and other DBE Subcontractors, Suppliers. 31.4.1 A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted; 6.1.B. - Page 14