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16. AUDIT AND INSPECTION OF RECORDS <br />Consultant shall provide City, the FHWA, Caltrans or other agents of the City, such access to <br />Consultant's accounting books, records, payroll documents and facilities of the Consultant which are directly <br />pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, <br />records, work data, documents and activities related hereto. Consultant shall maintain such books, records, <br />data and documents in accordance with generally accepted accounting principles and shall clearly identify <br />and make such items readily accessible to such parties during Consultant's performance hereunder and for a <br />period of three (3) years from the date of final payment by City. Consultant shall permit any of the foregoing <br />parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as <br />reasonably necessary. <br />17. AUDIT REVIEW PROCEDURES <br />a. Any dispute concerning a question of fact arising under an interim or post audit of this <br />contract that is not disposed of by agreement, shall be reviewed by the Executive Director of the Public <br />Works Agency. <br />b. Not later than 30 days after issuance of a final audit report, the Consultant may request a <br />review of unresolved audit issues by the City's Chief Financial Officer. Such request shall be made in <br />writing. <br />C. The filing or review of an audit dispute will not excuse the Consultant from full and <br />timely performance of this Agreement. <br />18. SUBCONTRACTING <br />Consultant shall perform all work contemplated in its Proposal, and no work pursuant to this <br />Agreement shall be subcontracted without the written authorization by City, except that work expressly <br />identified in Consultant's Proposal. Any subcontract in excess of $25,000 shall contain all the provisions of <br />this Agreement which are applicable to subcontractors. <br />19. FORCE MAJEURE <br />Either party shall be excused from performing its obligations under this Agreement during the time <br />and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including <br />but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or <br />facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the <br />other party; when satisfactory evidence of such cause is presented to the other party, and provided further that <br />such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br />party not performing. <br />20. COST PRINCIPALS <br />a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition <br />Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost <br />individual items. <br />8 <br />25B-10