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HomeMy WebLinkAboutC2018-684 - 11/27/2018 - Approved � v$ I h O _ h�,� SERVICE AGREEMENT NO. 1890 v.) 4411,1, Overhead Roll-Up Door Replacement for Various Locations 1832 THIS Overhead Roll-Up Door Replacement for Various Locations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Hub City Overhead Door Co., Inc. ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Overhead Roll-Up Door Replacement for Various Locations in response to Request for Bid/Proposal No. 1890 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Overhead Roll-Up Door Replacement for Various Locations ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $45,794.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for C2018-684 intact Administrator for this Agreement is as follows: 11/27/18 M2018-224 1-Federal Funding Page 1 of 7 Hub City Overhead Door Co. SCANNED Name: Jesse Hernandez Department: Superintendent of Operations Phone; (361) 826-1983 Email: JesseH@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form-Federal Funding Page 2 of 7 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if _ the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the Service Agreement Standard Form- Federal Funding Page 3 of 7 method, price, or schedule of work must be allowable, allocable,within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Name: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers, Bldg. 3A, Corpus Christi, TX 78415 Phone: (361) 826-1983 Fax: (361) 826-1989 IF TO CONTRACTOR: Hub City Overhead Door Co., Inc. Attn: Rusty Garrett Title: Vice-President Address: 1626 Nth Lexington Blvd., Corpus Christi, Texas 78409 Phone: (361) 289-7083 Fax: (361) 299-2291 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form-Federal Funding Page 4 of 7 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the Service Agreement Standard Form-Federal Funding Page 5 of 7 operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 24. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 25. Governing Law.This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 27. Federal Funding Requirements. This project is subject to requirements provided for Federal Emergency Management Agency (FEMA) and/or other federally-funded projects. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA or its designee may by appropriate instructions require, a copy of applicable prevailing wage decision, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be Service Agreement Standard Form- Federal Funding Page 6 of 7 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR Signature: PI2e-r/ Printed Name: g.:5 7 611471"-2 Title: 7 Date: %G) -51 — (cr CITY OF CORPUS/CHRISTI Signature: Printed Name: Title: . Direrkc Rinn rt(i n I SerVtc_�S Date: . ZP) . l ATTEST: RE Lel v`- CCA HUERTA A ROVED AS O LEGAL FORM CITY SECRETARY —jge-Of I tikil Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule l Attachment C: Insurance and Bond Requirements 1" 2-C ^12'ZA,(IjTNOKIht+ Attachment D: Warranty Requirements Attachment E: Federal Requirements IT COtJ tL..._.. Incorporated by Reference Only: ------ -�--- Exhibit 1: RFB/RFP No. 1890 SFrRFTARV Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Federal Funding Page 7 of 7 Attachment A-Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide overhead roll-up door replacement services for various locations as outlined in this Scope of Work. The Contractor shall provide all supervision, and sufficient number of responsible, trained personnel to provide the required services, transportation, tools, materials and equipment necessary for the completion of the project. All work must be performed in accordance with federal, state, local building codes and OSHA safety requirements, including but not limited to IBC 2015, and Texas Windstorm requirements. 1.2 Work Locations The work shall be performed at the following locations: 1. Greenwood Wastewater Treatment Plant, Belt Press Building located at 6541 Greenwood Drive, Corpus Christi, Texas 78415. 2. Laguna Wastewater Treatment Plant located at 201 Jester, Corpus Christi, Texas 78418. 3. Whitecap Wastewater Treatment Plant located at 13409 Whitecap, Corpus Christi, Texas 78418. 4. Museum of Science and History, Gazebo 1 and 2, located at 1900 N. Chaparral Street, Corpus Christi, Texas 78401 . 1.3 Scope of Work-Greenwood Wastewater Treatment Plant The Contractor shall perform a completed overhead roll-up door replacement: 1. The Contractor shall remove and replace existing overhead roll-up doors on first and second floor. (Nominal sizes are 15'6" x 12'6" and 14'x12). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI-2 or WPI-8 to Contract Administrator upon completion of installation. 1.4 Scope of Work- Laguna Wastewater Treatment Plant The Contractor shall perform at a minimum the following work to provide a completed overhead roll-up door replacement: 1. The Contractor shall remove and replace existing overhead roll-up doors. (Nominal sizes are 12' x10' and 10'x10'). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI-2 or WPI-8 to Contract Administrator upon completion of installation. 1.5 Scope of Work-Whitecap Wastewater Treatment Plant The Contractor shall perform at a minimum the following work to provide a completed overhead roll-up door replacement: 1 . The Contractor shall remove and replace existing overhead roll-up doors. (Nominal size is 16' x12'). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI-2 or WPI-8 to Contract Administrator upon completion of installation. 1.6 Scope of Work-Museum of Science and History Gazebo #1 and #2 The Contractor shall perform at a minimum the following work to provide a completed overhead roll-up door replacement: 1 . The Contractor shall remove and replace existing overhead roll-up doors on Gazebo 1 and 2. (Nominal sizes are 8' x 9' and 8'x10'). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI-2 or WPI-8 to Contract Administrator upon completion of installation. 1.7 Safety and Protection of Property The Contractor will be responsible for protecting the safety of the employees, customers and materials/supplies while working at these locations. 1.8 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.9 Project Schedule A. Work shall be completed in 10 weeks. B. The Contractor shall provide a project schedule at the beginning of the project that meets the scheduled requirements. The Project Schedule shall identify start date, Equipment Delivery Dates, Inspections, and Substantial Completion. The Contractor shall submit project schedule for approval to the Contract Administrator before commencing work. 1.10 Warranty The Contractor shall issue a one-year warranty for the overhead roll-up doors. Attachment B - Bid Pricing/Schedule � s: CITY OF CORPUS CHRISTI I I PURCHASING DIVISION 852 �� BID FORM _1 RFB No. 1890 Overhead Roll-Up Door Replacement for Various Locations PAGE 1 OF 2 Date: 16-41-)g Authorized C J r1 Bidder: 1401 Ci 4-7( Ovc,�j�ead, bei'5 Signature: k'` 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each Item. 3. in submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently. without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. item Description UNIT 1 QTY Total Price 1 Remove and replace existing Lump f 1 $ 10 ta0 9 .-ti- 15'6"x12'6" -= 15'6"x12'6" (Nominal Size) Sum Overhead Metal Roll-up Door at 'I floor of Belt Press Building. Contractor to field verify, Greenwood WWTP 2 Remove and replace existing Lump 1 $ t 1-k Metal (Nominal Size) Overhead Sum Cll 1 1 Metal Roll-up Door at 2"d floor of Belt Press Building. Contractor to field verify. Greenwood WWTP 3 Remove and replace existing Lump 1 $ 12'x10' (Nominal Size) Overhead Sum 81835' 1 Roll-up Door. Contractor to field verify. Laguna WWTP i 4 Remove and replace existing Lump 1 $ (Z611711-- u 10'x!0' (Nominal Size) Overhead Sum Roll-up Door. Contractor to field verify. Laguna WWTP 5 Remove and replace existing Lump 1 $ ,-1 142-C1=' overhead door and replace with Sum (Nominal size are 16'x12'). Contractor to field verify. Whitecap WWTP 6 Remove and replace existing Lump 1 $ ' �342 8x9 (Nominal Size) Overhead Sum `7 Roll-up door at Gazebo 1. Contractor to field verify. Museum of Science and History Gazebo 1 _ 7 Remove and replace existing Lump 1 $ ,o 8'x10' (Nominal Size) Overhead Sum 4/2-11 r Roll-up Door at Gazebo 2. Contractor to field verify. Museum of Science and History Gazebo 2 Total $ 54)1 v2AI-10o Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on GL, AL, and WF if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1. Commercial Broad Form $1,000,000 Aggregate 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Facility and Property Management Overhead Door Installation, Replacement, Maintenance and Repairs 02/07/2018 sw Risk Management Valid Through 12/31/2018 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements The Contractor shall issue a one-year warranty for the overhead roll-up doors. ATTACHMENT E: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-F05 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland "Anti-Kickback"Act(Construction Only) FR-F08 Davis-Bacon Act (Construction Only) FR-F09 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity(Construction Only) FR-F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement(Not for Public Assistance Contracts) END OF TABLE OF CONTENTS FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: DHS Standard Terms and Conditions, v 7.1, p. 1 (2017) FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference:2 CFR§ 200 Appendix 11(A) FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference:31 U.S.C. § 1352 (as amended) FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference:2 CFR§ 200, Appendix II¶ (G) FEDERAL REQUIREMENTS: FR-F05 COMPUANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages.The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4)of this section. Reference: 29 CFR § 5.5(b) FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT Compliance with the Copeland "Anti-Kickback"Act. (1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts.The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS The Contractor must comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148)as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. The Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. See attached Prevailing Wage Determination sheet for this contract. PREVAILING WAGE DETERMINATION General Decision Number: TX180342 01/05/2018 TX342 Superseded General Decision Number: TX20170342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EU minimum wage rate will be adjusted annually. Please note that this E0 applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2)-(60) . Additional information on contractor requirements and worker protections under the E0 is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 B0IL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28.00 22.35 ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN $ 25.20 7.91 ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 . IR0N0084-011 06/01/2017 Rates Fringes IRONWORKER, ORNAMENTAL $ 23.27 7.12 SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 0.00 CEMENT MASON/CON"RETE FINISHER $ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical lutps://www.wdol.gov/wdot/scartes/davisbacon/TX342.dvb?v'0[8r2S/2018 3:16:28 PM] System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick $ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0.00 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14 .25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 14.83 0.00 OPERATOR: Grader/Blade $ 13.37 0.00 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) $ 14 .45 0.00 PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ROOFER $ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 6.53 TILE FINISHER $ 11.22 0.00 TILE SETTER $ 14.74 0.00 TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck $ 12.50 0.00 TRUCK DRIVER: Water Truck $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. https://www.wdol.gov/wdol/scauiles/davisbacon/T'X342.dvb?v 0[8/28/20IS 3:I 6:28 PM] Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee} who is a victim of, domestic violence, sexual assault, or stalking. Additional information en contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clausee (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated tp reflect all rate changes in the collective bargaining agreement (CBA} governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100' of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. https://www.wdol.gov/wdol/scailes/davisbaconTTX342.dvb?v-0[8/28/20 18 3:16:28 PM] A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Lab.e.r 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https:t;www.wdol.gov.wdol/scaflesldavisbacon/TX342dvb'v=0[8/282018 3:16:28 PMI FEDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by(insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Reference: DHS Standard Terms and Conditions, v.7.1, p. 5 (2017) FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference:2 CFR § 200.322 and 40 CFR part 247 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference:31 U.S.C. Chap. 38 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT