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R2001-61 AUTHORIZING NEGOTIATION OF A CONTRACT
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R2001-61 AUTHORIZING NEGOTIATION OF A CONTRACT
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1/22/2016 2:29:57 PM
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Resolution/Ordinance
Res Ord Num
R2001-61
Res Ord Title
AUTHORIZING NEGOTIATION OF A CONTRACT FOR OWNER'S REPRESENTATIVE - THE MULTI-MODAL TRANSPORTATION FACILITY
Approved Date
4/2/2001
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Government continues to have no obligations or liabilities to any party, including the <br /> subrecipient and third party contractor. <br /> The CITY may assign its rights and obligations under the Agreement to any successor to the <br /> rights and functions of the CITY or to any governmental agency to the extent required by <br /> applicable laws or governmental regulations or to the extent the CITY deems necessary or <br /> advisable under the circumstances. <br /> 15.0 SEVERABILITY <br /> Any provision or part of this agreement held to be void or unenforceable under any regulation, <br /> law or judgment of a court of competent jurisdiction shall be deemed to be stricken, and all <br /> remaining provisions shall continue to be valid and binding upon the OWNER'S REPRESEN- <br /> TATIVE and the CITY. <br /> 16.0 FAILURE TO ENFORCE <br /> The failure to enforce at any time any of the provisions of this Agreement shall not be construed <br /> to be a waiver of such provisions or to affect the validity of this Agreement, or the right to <br /> enforce each and every provision hereof. <br /> 17.0 FALSE OR FRAUDULENT STATEMENTS OR CLAIMS <br /> The CITY acknowledges that the Program Fraud Civil Remedies Act of 1986, as amended, 31 <br /> U.S.C. ss 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. <br /> Part 31, apply to its activities in connection with this project. The CITY certifies and affirms the <br /> truthfulness and accuracy of the statements it has made, it makes, or may make in connection <br /> with this project. In addition to other penalties that may apply, the CITY also acknowledges that <br /> if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the <br /> Federal Government, the Federal Government may impose the penalties of the Program Fraud <br /> Civil Remedies Act to the extent deemed appropriate. <br /> 18.0 THE AGREEMENT AND ATTACHMENTS <br /> This Agreement shall include the following, which are incorporated herein and made a part <br /> hereof: <br /> Attachments A through E <br /> Addendum- as issued <br /> AIA Document B801/CMa-1992, "Standard Form of Agreement Between Owner <br /> and Construction Manager where the Construction Manager is NOT a <br /> Constructor", in part, as specifically referenced in this Agreement. <br /> (AIA Document B801/CMa-1992 is attached as Attachment F.) <br /> Decatur Public Ti•ansit Systen2 <br /> Owner's Rep�•esentative 17 <br />
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