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
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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.
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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.
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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
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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