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AG 2014 06 16
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AG 2014 06 16
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Last modified
6/18/2014 9:32:09 AM
Creation date
11/27/2017 10:47:36 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/16/2014
Board
Board of Commissioners
Meeting Type
Regular
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Rights and Remedies - The duties and obligations imposed by the Contract Documents and the <br />rights and remedies available thereunder shall be in addition to and not a limitation of any <br />duties, obligations, rights and remedies otherwise imposed or available by law. No action or <br />failure to act by the Owner, Architect or <br />Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, <br />nor shall any such action or failure to act constitute an approval of or acquiescence in any <br />breach thereunder, except as may be specifically agreed in writing. <br />21. Protest Procedures <br />To ensure that protests are received and processed effectively the Purchaser shall provide <br />written bid protest procedures upon request. In all instances information regarding the protest <br />shall be disclosed to the N.C, Department of Transportation (NCDoT). All protest requests and <br />decisions must be in writing. A protester must exhaust all administrative remedies with the <br />Purchaser before pursuing remedies through the NCDoT. Reviews of protests by the NCDoT <br />will be limited to the Purchaser's failure to have or follow its protest procedures, or its failure to <br />review a complaint or protest. An appeal to the NCDoT must be received by the Department <br />within three (3) working days of the date the protester knew or should have known of the <br />violation. An appeal to FTA must be received by the cognizant FTA regional or Headquarters <br />Office within five (5) working days of the date the protester knew or should have known of the <br />violation. Violations of Federal law or regulation will be handled by the complaint process stated <br />within that law or regulation. Violations of State or local law or regulations will be under the <br />jurisdiction of State or local authorities. <br />22. No Federal Government Obligations to Third Parties <br />The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence <br />by the Federal Government in or approval of the solicitation or award of the underlying contract, <br />absent the express written consent by the Federal Government, the Federal Government is not <br />a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, <br />Contractor, or any other party (whether or not a party to that contract) pertaining to any matter <br />resulting from the underlying contract. <br />The Contractor agrees to include the above clause in each subcontract financed in whole or in <br />part with Federal assistance provided by FTA. It is further agreed that the clause shall not be <br />modified, except to identify the subcontractor who will be subject to its provisions. <br />23. Prociram Fraud and False or Fraudulent Statements and Related Acts <br />(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act <br />of 1986, as amended, 31 U.S.C. §3801 et M. and U.S. DOT regulations, "Program Fraud Civil <br />Remedies," 49 C.F.R. Dart 31, apply to its activities in connection with this Project. <br />Accordingly, upon execution of the underlying contract or agreement the Contractor certifies or <br />affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or <br />causes to be made, pertaining to the underlying contract or the FTA assisted project for which <br />this contract work is being performed. In addition to other penalties that may apply, the <br />Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, <br />submission, or certification to the Federal Government, the Federal Government reserves the <br />right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on <br />the Contractor to the extent the Federal Government deems appropriate. <br />(2) The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, <br />statement, submission, certification, . assurance or representation to the Federal Government or <br />35 <br />Attachment number 2 <br />F -4 Page 142 <br />
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