Laserfiche WebLink
9.F.c <br />3) who incorporates in the public works project any product of a foreign country on such <br />USTR list. <br />Nothing contained in the foregoing shall be construed to require establishment of a system of <br />records in order to render, in good faith, the certification required by this provision. The <br />knowledge and information of a contractor is not required to exceed that which is normally <br />possessed by a prudent person in the ordinary course of business dealings. <br />The Contrator agrees that, if awarded a contract resulting from this solicitation, it will incorporate <br />this provision for certification without modification in all lower tier subcontracts. The Contractor <br />may rely on the certification of a prospective subcontractor that it is not a firm from a foreign <br />country included on the list of countries that discriminate against U.S. firms as published by <br />USTR, unless the Contractor has knowledge that the certification is erroneous. <br />This certification is a material representation of fact upon which reliance was placed when <br />making an award. If it is later determined that the Contractor or subcontractor knowingly <br />rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct <br />through the Owner cancellation of the contract or subcontract for default at no cost to the Owner <br />or the FAA. <br />8. TERMINATION OF CONTRACT <br />1) The CITY may, by written notice, terminate this contract in whole or in part at any time, <br />either for the CITY's convenience or because of failure to fulfill the contract obligations. <br />Upon receipt of such notice services shall be immediately discontinued (unless the <br />notice directs otherwise) and all materials as may have been accumulated in performing <br />this contract, whether completed or in progress, delivered to the CITY. <br />2) If the termination is for the convenience of the CITY, an equitable adjustment in the <br />contract price shall be made, but no amount shall be allowed for anticipated profit on <br />unperformed services. <br />3) If the termination is due to failure to fulfill the Consultant's obligations, the CITY may take <br />over the work and prosecute the same to completion by contract or otherwise. In such <br />case, the Contractor shall be liable to the CITY for any additional cost occasioned to the <br />CITY thereby. <br />4) If, after notice of termination for failure to fulfill contract obligations, it is determined that <br />the Contractor had not so failed, the termination shall be deemed to have been effected <br />for the convenience of the CITY. In such event, adjustment in the contract price shall be <br />made as provided in paragraph 2 of this clause. <br />5) The rights and remedies of the CITY provided in this clause are in addition to any other <br />rights and remedies provided by law or under this contract. <br />9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND <br />VOLUNTARY EXCLUSION <br />1) Certification Regarding Debarment and Suspension (Non -Procurement) — Title 2 <br />CFR Part 180 & Title 2 CFR Part 1200 <br />The contract agreement that ultimately results from this solicitation is a "covered transaction" <br />as defined by Title 2 CFR Part 180. Bidder must certify at the time they submit their <br />Page 19 of 23 <br />Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract <br />Packet Pg. 224 <br />