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

Home Browse Search

C. At no expense to the Owner or the City of San Marcos, HUD,the Comptroller General of the United States or any of their duly authorized representatives shall have access to the records described in Paragraph 1 above for purposes of making audits,examinations,excerpts and transcripts. Section 12.Miscellaneous Provisions. A. The Project is subject to the Texas Public Information Act.All information submitted by bidders is subject to release under this Act. B. Contractor will take all necessary affirmative steps to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract,the terms"small business" means a business that meets the criteria set forth in 3(a)of the Small Business Act,as amended(15 U.S.C.632),and"minority and women's business enterprise"means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition,"minority group members"are Afro-Americans,Spanish-speaking,Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Rights to Inventions.The Contractor shall comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants,Contracts,and Cooperative Agreements." Section 13. Davis-Bacon and Related Acts (DBRA) Compliance. Generally applicable to construction contracts at or above $2,000. For contracts subject to compliance with DBRA, applicable conditions are found in the attached "Supplementary Conditions for the Contract for Construction"and "HUD Form 4010", as well as the Wage Rates issued by the Department of Labor and attached hereto. The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended,the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that,except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation,if any,to require payment of the higher wage.The Contractor shall cause or require to be inserted in full,in all such contracts subject to such regulations,provisions meeting the requirements of this paragraph. Section 14.Federal Funding Accountability and Transparency Act. The vendor agrees to report executive compensation Information for the five most highly compensated executives in the preceding year if all of the following criteria are met: 1. The vendor received 80%or more of its annual gross revenues in federal awards. 2. Vendor revenues are greater than $25 million annually, 3. The public does not have access to compensation of the executives through periodic reports filed under 13(a)or 14(d)of the Securities and Exchange Act of 1934(15 U.S.C.78m(a),78o(d),or Section 6104 of the Internal Revenue Code of 1986. Construction Contract Supplemental Conditions 7 I '_r