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Reso 2009-1495
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Reso 2009-1495
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Last modified
9/30/2010 11:13:54 AM
Creation date
9/30/2010 11:12:10 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1495
Date (mm/dd/yyyy)
10/29/2009
Description
Bid 09-09-01/Agmt w/Tenex: Median Closure/Collins Ave Streetscape Imp
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<br />- <br /> <br />insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this <br />Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as <br />may be approved by the Secretary of Labor, together with such additional provisions as the Secretary <br />deems appropriate to establish and protect the interest of the United States in the enforcement of <br />those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate <br />actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with <br />those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to <br />obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the <br />supervision of such compliance, (3) to carry out sanctions and penalties for violation of such <br />obligations imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part <br />II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or <br />extension or other modification of such a contract with a contractor debarred from Government <br />contracts under Part II, Subpart D, of this Order. <br /> <br />[Sec. 301 amended by Executive Order 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. <br />230] <br /> <br />Sec. 302. (a) "Construction contract" as used in this Order means any contract for the construction, <br />rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other <br />improvements to real property. <br />(b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes <br />of such application the administering department or agency shall be considered the contracting agency <br />referred to therein. <br />(c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as <br />determined by agency regulation, other program participant, with respect to whom an application for <br />any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date <br />of this Part, and it includes such an applicant after he becomes a recipient of such Federal assistance. <br /> <br />Sec. 303. (a) The Secretary of Labor shall be responsible for obtaining the compliance of such <br />applicants with their undertakings under this Order. Each administering department and agency is <br />directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and <br />assistance as the Secretary may require in the performance of the Secretary's functions under this <br />Order. <br />(b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to <br />this Order, the Secretary of Labor may, after consulting with the administering department or agency, <br />take any or all of the following actions: (1) direct any administering department or agency to cancel, <br />terminate, or suspend in whole or in part the agreement, contract or other arrangement with such <br />
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