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Res 2017-131/approving an agreement with Freese and Nichols, Inc. for the provision of a professional engineering services in connection with the Community Development Block Grant - Disaster Recovery (CDBG-DR) Uhland Road Improvements design amount estim
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Res 2017-131/approving an agreement with Freese and Nichols, Inc. for the provision of a professional engineering services in connection with the Community Development Block Grant - Disaster Recovery (CDBG-DR) Uhland Road Improvements design amount estim
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9/13/2017 11:36:34 AM
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Resolutions
City Clerk - Type
Approving
Number
2017-131
Date
9/5/2017
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Attachment "E" <br /> Supplemental Conditions for <br /> Community Development Block Grant- Disaster Recovery Contracts <br /> Compliance with Applicable Laws and Acts.This Project is being partially funded with Community Development Block Grant <br /> funds provided to the City of San Marcos,hereinafter known as"the City"by the United States Department of Housing and <br /> Urban Development("HUD"). <br /> The Contractor shall comply with all applicable federal,state and local laws, regulations and ordinances related in any way <br /> to this Contract.Without limiting the foregoing,the Contract is subject to 24 C.F.R.Part 5 and all applicable legal authorities <br /> cited therein. Contractor shall notify the City in writing of any failure to comply with applicable laws, regulations, or <br /> ordinances,where such failure affects in any way Contractor's ability to provide service(s)under this Contract. <br /> Without limiting the foregoing,Contractor shall comply with the following statutes and regulations as they may apply: <br /> A. Workers Compensation laws. <br /> B. Minimum and maximum salary and wage statutes and regulations,including but not limited to: <br /> a. Fair Labor Standards Act of 1938,as amended; <br /> b. Equal Pay Act of 1963,PL 88-38; <br /> c. The Davis-Bacon Act(40 U.S.C.276a to 276a-7)as supplemented by Department of Labor Regulations(29 <br /> C.F.R. Part 5); <br /> d. Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as <br /> supplemented by Department of Labor Regulations(29 C.F.R. Part 5);and <br /> e. All other applicable regulations implementing the above laws. <br /> C. Non-discrimination statutes and regulations,including but not limited to: <br /> a) Title VII of the Civil Rights Act of 1964,as amended; <br /> b) Section 504 of the Rehabilitation Act of 1973,as amended; <br /> c) The Age Discrimination Act of 1975,as amended;and <br /> d) All applicable regulations implementing the above laws. <br /> Section 1. Required Registrations. The Federal Funding Accounting and Transparency Act requires any consultant or <br /> contractor providing services in connection with projects receiving CDBG-DR funding to obtain a Data Universal <br /> Numbering System("DUNS") <br /> Section 2. Termination for Cause and for convenience. <br /> A. The contract,when executed,may be terminated by either party upon 10 calendar days prior written notice should <br /> the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the <br /> termination. <br /> B. The City may terminate this Contract for convenience and without cause upon at least 7 calendar days prior written <br /> notice to the Contractor. In the event of termination for convenience, the City may require the Contractor to <br /> transfer title and deliver to the City in the manner and to the extent directed by the Purchasing Manager: <br /> a. Any completed supplies and/or partially completed supplies and materials that the Contractor has <br /> specifically produced or specially acquired for the performance of the terminated part of the agreement. <br /> b. Upon such termination the Consultant will: <br /> Construction Contract Supplemental Conditions 1 I `' <br />
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