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Agenda Packet_2023-04-04
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Agenda Packet_2023-04-04
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Clerk of the Council
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4/4/2023
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held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of <br />CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set <br />forth in paragraph (iii) of this section. <br />(iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any <br />subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring <br />the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be <br />responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in <br />paragraphs (ii) through (v) of this Section. <br />(t) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: <br />Not applicable to this Construction Contract. <br />(g) Avvendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: <br />(i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all <br />applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § <br />7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees <br />that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding <br />agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR <br />agrees to include these requirements in each subcontract exceeding $150,000. <br />(ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees <br />to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water <br />Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each <br />violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as <br />required to assure notification to the Federal awarding agency and the appropriate Environmental <br />Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each <br />subcontract exceeding $150,000. <br />(h) Appendix II to Part 200 (H) — Debarment and Suspension: <br />(i) This Construction Contract is a covered transaction for purposes oft C.F.R. pt. 180 <br />and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, <br />its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded <br />(defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). <br />(ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered <br />transaction it enters into. <br />(iii) This certification is a material representation of fact relied upon by CITY. If it is <br />later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue <br />available remedies, including but not limited to suspension and/or debarment. <br />(iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded <br />from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all <br />City Council 11 — 16 4/4/2023 <br />
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