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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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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-131
Date
9/5/2017
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authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and <br /> remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of <br /> the Secretary of Labor,or as otherwise provided by law. <br /> H. The Contractor will include the portion of the sentence immediately preceding paragraph(A)and the provisions of <br /> paragraphs(A)through(H)in every subcontract or purchase order unless exempted by rules,regulations,or orders <br /> of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that <br /> such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action <br /> with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of <br /> enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the <br /> Contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such <br /> direction,the Contractor may request the United States to enter into such litigation to protect the interests of the <br /> United States. <br /> Section 6. Certification of Eligibility.Contract awards cannot be made to parties listed on the government-wide exclusions <br /> in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive <br /> Orders 12549 and 12689. SAM Exclusions contains the names of parties debarred,suspended, or otherwise excluded, as <br /> well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. <br /> By submitting a bid or proposal in response to the Request for Quote/Proposals,the Contractor certifies that at the time of <br /> submission, he/she/it is not on the federal government's list of suspended,ineligible,or debarred contractors. <br /> A. In the event of placement on the list between the time of bid/proposal submission and time of contract award,the <br /> bidder/proposer shall immediately notify the City. <br /> B. Contractor certifies that its contractors and subcontractors are not presently debarred, suspended, or proposed <br /> for debarment,declared ineligible or voluntarily excluded from participation in any state or federal program. <br /> C. Placement of Contractor on the federal government's list of suspended, ineligible, or debarred contractors,false <br /> certification,or failure to notify the City as required may result in the termination of this Contract for default. <br /> D. The Contractor shall furnish a copy of the certification in accordance with 24 C.F.R Part 24 (Debarment and <br /> Suspension)to the City of San Marcos with the bid packet. <br /> Section 7. "Section 3"Clause <br /> Provisions are applicable to covered projects for which the amount of HUD assistance exceeds$200,000 and/or the contract <br /> or subcontract exceeds$100,000. <br /> A. Compliance <br /> Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the <br /> regulations set forth in 24 CFR 135,and all applicable rules and orders issued hereunder prior to the execution of <br /> this contract,shall be a condition of the Federal financial assistance provided under this contract and binding upon <br /> the City, the Contractor and any of the Contractor's Contractors and subcontractors. Failure to fulfill these <br /> requirements shall subject the City,the Contractor and any of the Contractor's Contractors and subcontractors, <br /> their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is <br /> provided. The Contractor certifies and agrees that no contractual or other disability exists that would prevent <br /> compliance with these requirements. <br /> The Contractor further agrees to comply with these"Section 3"requirements and to include the following language <br /> in all subcontracts executed under this Agreement: <br /> Construction Contract Supplemental Conditions 4 I i =,r <br />
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