Agmt13 Alta Planning and Design FHWA/CALTRANS Funded

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the project team, as listed in Exhibit "B", which is a part of this contract without prior written approval by the LOCAL AGENCY's Contract Manager. 28. Disadvantaqed Business Enterprise (DBE) Participation. 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. In addition, Consultant must meet the DBE goal by using DBEs as subconsultants or document a good faith effort to meet the goal. If a DBE subconsultant is unable to perForm, Consultant must a good faith effort to replace the subconsultant with another DBE subconsultant if the goal is not otherwise met. 29. Cost Principles. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allow ability of cost individual items. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 30. Equipment Purchase. 30.1. Prior authorization in writing, by City's Contract Manager shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000, prior authorization by City's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. 30.2. Any equipment purchased as a result of this Agreement is subject to the following: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be � obtained from an appraiser mutually agreeable to by City and Consultant, if it is ATTY/AGR/2013.039/FHWA CALTRANS FUNDED PROFESSIONAL AGR WALK BIKE ASSESSMENTS REV:03-14-13 VR Page 11 of 30