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3) Liquidating damages; and/or <br />4) Disqualifying consultant from future proposing as non -responsible. <br />h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the <br />specific DBEs listed to perform the work and supply the materials for which each <br />is listed unless Consultant or DBE subconsultant obtains the City's written consent. <br />Consultant shall not terminate or substitute a listed DBE for convenience and <br />perform work with their own forces or obtain materials from other sources without <br />authorization from City. Unless the City's consent is provided, the Consultant shall <br />not be entitled to any payment for work or material unless it is performed or <br />supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE <br />Commitment form, included in the Bid. <br />Consultant shall notify City's designated representative of any changes to its <br />anticipated DBE participation before starting the affected work. Consultant shall <br />notify City of any notices of decertification or certification regarding a <br />subconsultant's DBE status. <br />j. Consultant shall provide all required DBE forms to the City as required pursuant to <br />applicable law. <br />k. All certifications required for the Bid are attached hereto as part of Exhibit <br />B to the Agreement. <br />25. DEBARMENT AND SUSPENSION CERTIFICATION <br />a. Consultant's signature affixed herein, shall constitute a certification under penalty <br />of perjury under the laws of the State of California, that Consultant has complied <br />with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide <br />Debarment and Suspension (nonprocurement)", which certifies that he/she or any <br />person associated therewith in the capacity of owner, partner, director, officer, or <br />manager, is not currently under suspension, debarment, voluntary exclusion, or <br />determination of ineligibility by any federal agency; has not been suspended, <br />debarred, voluntarily excluded, or determined ineligible by any federal agency <br />within the past three (3) years; does not have a proposed debarment pending; and <br />has not been indicted, convicted, or had a civil judgment rendered against it by a <br />court of competent jurisdiction in any matter involving fraud or official misconduct <br />within the past three (3) years. Any exceptions to this certification must be <br />disclosed to City. <br />b. Exceptions to the Federal Government Excluded Parties List System maintained by <br />the General Services Administration are to be determined by the Federal Highway <br />Administration. <br />Page 15 <br />