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~ ~ > <br />responsible for the compliance by any subcontractor or lower tier subcontractoc with all the contract <br />clauses in 29 CFR 5.5. <br />~ (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be <br />grounds for ternunation of the contract, and for debarment as a contractor and a subcontractor as <br />pmvided in 29 CFR 5.12. <br />(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of <br />the Davis-Bacon and Related Acts contained in 29 CFR paits 1, 3, and 5 are herein incorporated by <br />reference in this contract. <br />(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of <br />this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be <br />resolved in accordance with the procedures of the Depaztment of Labor set focth in 29 CFR parts 5, 6, <br />and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of <br />its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or <br />their representatives. . ' <br />(10) Certificatton of eligibility -(i) By entering into this contract, the Contractor certifies that neither <br />it (nor he or she) nor any persbn or fum who has an interest in the contractor's firm is a person or <br />firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act <br />or 29 CFR 5.12(axl). <br />(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a <br />Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br />(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.G 1001. <br />Record Retention/Access to Records - The Contractor agrees that it will maintain all data, documents, <br />reports, records, contracts, and supporting materials relating to this Contract and the performance of <br />its obligations under this Contract. The Contractor agrees to maintain all boaks. records, accounts <br />and reports required under this contract for a period of not less than three years after the date of <br />ternunation or expiration of this contract, except in the event of litigation or settlement of claims <br />arising from the perforniance of this contract, in which case Contractor agrees to maintain same until <br />the Recipient, the FTA Administrator, the Comptroller General, or any of their duly authorized <br />representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto: <br />Reference 49 CFR 18.39(i)(11). Contractor agrees to provide the Recipient, the FTA Administrator, <br />the Comptroller General of the Unites States or any of their authorized representatives access to any <br />books, documents, papers and records of the Contractor which are directly pertinent to this contract <br />for the purposes of makmg audits, examinations, excerpts and transcriptions. Contractor also agrees <br />to provide the FTA Adnunistrator or his authorized representatives including any PMO Contractor <br />acc~ss to Coatracto~'s records and coastcuction sites pertaining to a major capital project, defined at <br />49 U.S.C. 5302(a)1, which is receiving federal financial assistance ttuough the programs described at <br />49 U.S.C. 5307, 5309 or 5311. 'The Contractor agree to permit any of the foregomg parties to <br />reproduce by any means whatsoever or to copy excc:pts and transcriptions as reasonably needed. <br />3. In connection with the performance by Contractor of work or services witlun the scope of this <br />Agreement, Contractor agrees to comply with the following provisions, which need not be <br />included in subcontracts: <br />Termination <br />a. Termination for C~nvenience (General Provision) The Recipient may terminate this contract, in <br />whole or in part, at any time by written notice to the Contractor when it is in the government's best <br />interest. The Contractor shali be paid its costs, including contract close-out costs, and profit on work <br />Addendum, FTA Contract Requirements <br />Page - 18 • <br />0718970102 <br />~ <br />