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3. The FIRM will include in all negotiated contracts and subcontracts a provision <br />which indicates that funds will not be awarded under this contract to any party <br />which is debarred, suspended, or otherwise excluded from or ineligible for <br />participation in federal assistance programs under Executive Order 12549 and 2 <br />CFR Part 2424. A certification shall be provided and received from each proposed <br />subcontractor under this contract and its principals. <br />4. The FIRM will include in all negotiated contracts and subcontracts a provision to <br />the effect that the City, TDA, the Texas Comptroller of Public Accounts, the <br />Comptroller General of the United States, the U.S. Department of Housing and <br />Urban Development (HUD), or any of their duly authorized representatives, shall <br />have access to any books, documents, papers and records of the contractor which <br />are directly pertinent to that specific contract, for the purpose of making audit, <br />examination, excerpts, and transcriptions. <br />5. The FIRM will include in all contracts and subcontracts a requirement that the <br />contractor maintain all relevant project records for three (3) years after the City <br />has made final payment to the contractor and all other pending matters are closed. <br />PART III: STANDARD OF PERFORMANCE AND DEFECIENCIES <br />3.1 All services of the FIRM and its independent professional associates, FIRMs and <br />subcontractors will be performed in a professional, reasonable and prudent manner in <br />accordance with generally accepted professional practice. The FIRM represents that it <br />has the required skills and capacity to perform work and services to be provided under <br />this CONTRACT. <br />3.2 The FIRM represents that services provided under this CONTRACT shall be <br />performed within the limits prescribed by the City in a manner consistent with that level <br />of care and skill ordinarily exercised by other professional FIRMs under similar <br />circumstances. <br />3.3 Any deficiency in FIRM's work and services performed under this contract shall <br />be subject to the provisions of applicable state and federal law. Any deficiency discovered <br />shall be corrected upon notice from City and at the FIRM's expense if the deficiency is <br />due to FIRM's negligence. The City shall notify the FIRM in writing of any such <br />deficiency and provide an opportunity for mutual investigation and resolution of the <br />problem prior to pursuit of any judicial remedy. In any case, this provision shall in no <br />way limit the judicial remedies available to the City under applicable state or federal law. <br />3.4 The FIRM agrees to and shall hold harmless the City, its officers, employees, and <br />agents from all claims and liability of whatsoever kind or character due to or arising <br />solely out of the negligent acts or omissions of the FIRM, its officers, agents, employees, <br />subcontractors, and others acting for or under the direction of the FIRM doing the work <br />herein contracted for or by or in consequence of any negligence in the performance of <br />this CONTRACT, or by or on account of any omission in the performance of this <br />CONTRACT. <br />Page 5 of 28 <br />