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ATTY/AGR/2016.053/CDM SMITH <br />REV: 03-22-16 JS <br />Page 16 of 18 <br />Neither the pendency of a dispute, nor its consideration by City will excuse Consultant <br />from full and timely performance in accordance with the terms of this Agreement. <br /> <br />36.2. Audit Review Procedures. <br /> <br />36.2.1 Any dispute concerning a question of fact arising under an interim or post <br />audit of this Agreement that is not disposed of by agreement shall be reviewed <br />by City’s Finance Director. <br /> <br />36.2.2 Not later than 30 days after issuance of the final audit report, Consultant <br />may request a review by City’s Finance Director of unresolved audit issues. The <br />request for review will be submitted in writing. <br /> <br />36.2.3 Neither the pendency of a dispute nor its consideration by City will excuse <br />Consultant from full and timely performance, in accordance with the terms of this <br />Agreement. <br /> <br />36.2.4 Consultant and subcontractor contracts, including cost proposals and <br />ICR, are subject to audits or reviews such as, but not limited to, a contract <br />audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper <br />review. If selected for audit or review, the contract, cost proposal and ICR <br />and related work papers, if applicable, will be reviewed to verify compliance <br />with 48 CFR, Part 31 and other related laws and regulations. In the instances <br />of a CPA ICR audit work paper review it is Consultant’s responsibility to <br />ensure federal, state, or local government officials are allowed full access to <br />the CPA’s work papers including making copies as necessary. The contract, <br />cost proposal, and ICR shall be adjusted by Consultant and approved by <br />City’s Contract Administrator to conform to the audit or review <br />recommendations. Consultant agrees that individual terms of costs identified <br />in the audit report shall be incorporated into the contract by this reference if <br />directed by City at its sole discretion. Refusal by Consultant to incorporate <br />audit or review recommendations, or to ensure that the federal, state or local <br />governments have access to CPA work papers, will be considered a breach <br />of contract terms and cause for termination of the contract and disallowance <br />of prior reimbursed costs. <br /> <br />37. Inspection of Work. Consultant and any subcontractor shall permit City, the state, and <br />the FHWA if federal participating funds are used in this contract; to review and inspect the <br />project activities and files at all reasonable times during the performance period of this <br />Agreement including review and inspection on a daily basis. <br /> <br />38. Safety. <br /> <br />38.1 Consultant shall comply with OSHA regulations applicable to Consultant regarding <br />necessary safety equipment or procedures. Consultant shall comply with safety <br />instructions issued by City Safety Officer and other City representatives. Consultant <br />personnel shall wear hard hats and safety vests at all times while working on the <br />construction project site. <br /> <br />6.1.B. - Page 18