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R2020-257 2020-11-23RESOLUTION NO. R2020-257 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply purchase of automatic door parts and installation services associated with COVID-19 mitigation efforts at City facilities, to Vortex, in the estimated amount of $83,830:24. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. As authorized by Local Government Code 252.022(a), cost proposals for emergency services related to COVID-19 mitigation efforts at City Facilities were obtained. Section 2. That the City Council hereby awards a unit cost contract to Vortex, in the estimated amount of $83,830.24. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of automatic door parts and installation services associated with COVID-19 mitigation efforts at City Facilities. PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2020. -e EVIN COLE MAYOR ATTES CRYS AL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 01111111 FFF EARS jog tse Q. ., it • • • Y •• ',',��•'1 lei i nit+ City of Pearland 3519 Liberty Drive Pearland. TX 77581 General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: 1. Summary of Contract Terms II. Signatures M. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Type: Contract Date: Completion Date: Renewal: Vortex Industries, Inc. 1801 W. Olympic Blvd. Pasadena, CA 91199 Contractor will provide automatic door parts and installation services associated with COVID-19 mitigation efforts at City facilities, for the City of Pearland, as needed, per the specifications of vendor proposal #sq -90671, R2020 -246•7225q Unit Price Contract, Estimated Amount of $83,830.24. November 30, 2020 December 30, 2020 Termination (Close -Out) Date: February 1, 2021 No renewal option available. No renewal. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: Digitally signed by Rhonda Daugherty Rhonda D a u g 11 e j"t�/ Date: 2020.11.30 10 15:39-06'00' Assistant -Finance Director Date *Signed by: ate: ,/ City anager Assistant City Manager Director Superintendent/Manager 30 *Contract Signature Authority: CONTRACTOR: Complianc:j+ anager Date: 11/25/202 Superintendent/Manager 45,999 or less Director - $6,000 to $30,000 City Manager/Assistant City Managers -• $30,001 to $50,000 City Council Resolution - $50,000+ Page 1 of 17 M. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and condit ons specified in this Contract. Contractor will bill the City for the Services provided at inte 'vats of at least 30 days except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. 1 the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the othei party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law including any damages or costs suffered by either party (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contiact becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and time are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successiN e fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, Toss, of costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and li tble for paying any claim, suit, or judgment for damages, loss, o► costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either part} to this Contract who is sued by a third party for acts or omissions arising from this Conti act to hi Ing in the other party to this Contract as a third -party defendant as allowed by law. E. Assignment. fhe Contractor shall not assign this Contract without the prior written consent of the City F. Law Governine and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent Jurisdiction located in or having jurisdiction in Brazoria County Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under athis Contract as an independent contractor and not as an employee of the City. The City Ins no right to supervise; direct, 01 contiol the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Conttaet. The City and Contractor agree that the work per formed under this Contract is not inherently dangerous, that Contractor will perfoun the work in a workmanlike manner, and that Contractor will take proper care and piecautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who m ill be selected b) agreement of the parties The parties will each pay one- half of the mediator's fees J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contact or for any other cause relating to this Conti act, neither pasty will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. Federal 2 CFR 200; Section 601(d) — Social Security Act and others (Section VI and beyond). V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: I. The contractor's response to vendor proposal #sq -90671, R2020-256 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services as listed on the attached. VI. FEDERAL UNIFORM REQUIREMENTS Equal Opportunity Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this contract, the CONTRACTOR: (1) 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 01 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 Older 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 option 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 Septembei 24 1965, so that such provisions will be binding upon each subcontractor 01' vendor, The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agene) 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 thieatened 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 inter gists of the United States." Davis -Bacon Act The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (A0 U.S.C. 327 et seq) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with tho Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S Department of Labor at 29 CFR Part 3. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Subrecipient for review upon request. The CONTRACTOR agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Subrecipient in 2 CFR Pal 200, Appendix 11, 1j D pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are unposed by state or local law, nothing hereunder is intended to relieve the CONTRACTOR of its obligation, if an), to require payment of the higher wage. The CONTRACTOR shall cause or requiie to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph Copeland "Anti -Kickback" Act (1) CONTRACTOR. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the tequirements 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 federal government 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." Contract Work Hours and Safety Standards Act Applicability: This requirement applies to all federal grant and cooperative agreement programs. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $1 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704 as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E. Under 40 U.S.C. § 3702, each CONTRACTOR must be required to compute the wages of ever mechanic and laborer on the basis of a standa►d work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one rind a half times the basic rite of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer 01 mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, 01 contracts for transportation or transmission of intelligence. The regulation at 29 C.F R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work 1 -lours and Safety Standards Act: (1) Overtime requirements. The CONTRACTOR nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers 01 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 m 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 fol the unpaid wages In addition, such CONTRACTOR and subcontractor shall be liable to the United St rtes (in the case of work done under contract for the District of Columbia or a ler►rtory, to such District or to such tei ritory), foi liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employ ed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on w hich such individual was required 01 permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set f01 th in paragraph (I) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon wi itten requestof an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work per formed by the CONTRACTOR or subcontractor under any such contract or any other Feder r) contract with the same prime CONTRACTOR, or any other federally -assisted contract subject to the Contiact Work 1 -lours 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 fol 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. 1 he 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." Rights to Inventions Made Under a Contract or Agi cement. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program Fite Management Assistance Grant Program, Crisis Counseling Assistance and Training Giant. Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." If a FEMA award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of patties, assignment or performance of experimental dei elopmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 37 C.F. R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Coopeiative Agreements) and any implementing regulations Issued by FEMA. See 2 C.F.R. Part 200, Appendix 11, § F. The regulation at 37 C.F R. § 401.2(a) currently defines "funding agreement" as any contract, grant, 01 cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor fol the performance of experimental, developmental, or research work funded in whole or in pat t by the Federal government. This term also includes any assignment, substitution of pm ties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. Debarment and Suspension. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Fait 3000 (Non -procurement Debarment and Suspension). These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200 Appendix II, § I; and Chapter N, § 6.d and Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter 1V, § 6.d and Appendix C, § 2. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction,' to include subawards and subcontracts. This includes patties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non -procurement transaction (unless excepted) at either a "primary" of "secondary" ties. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS's implementing regulations, it does include some contracts awaided by recipients and subrecipient. Specifically, a covered transaction includes the following contracts for goods or services: (I) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of the awarding federal agency, regardless of amount. (3) The contract is for federally -required audit services. (4) A subconti net is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either federal approval, or is in excess of $25,000. 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 piincipals (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) 01' disqualified (defined at 2 C.F'.R. § 180 935). 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 iegulations in any lower tier covered transaction it enters into 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 mailable to the Texas Division of Emergency Management (TDEM) and/oi the City, the Federal Government may pursue available remedies, including but not limited to suspension and/oi debarment. 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 an) contract that may • arise from this offer. The bidder or pioposer further agrees to include a provision requiring such compliance in its lowei tier covered tiansactions." Byrd Anti -Lobbying Amendment. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Contractors that apply 01 bid for an awaid of $100,000 or more must file the required certification. See 2 C F.R. Part 200, Appendix 11, § J; 44 C.F.R. Pait 18; Chapter N, 6 c; Appendix C, § 4. 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 office► 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 contact, grant or any othei award covered by 31 U.S.C. § 1352. Each tier must 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 non -Federal award. See Chapter IV, § 6.c and Appendix C, § 4. Per the Byrd Anti -Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the CONTRACTOR bid for •►n award of $100,000 or more, the CONTRACTOR shall file the required certification. Each tier certifies to the tie► 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 arc forwarded from tier to tier up to the recipient. Certification Regarding Lobbying The undersigned CONTRACTOR certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal giant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or 'attempting to influence an officer or employee of any agency, a Member of Congress an officet or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants loans, and cooperative ag►eements) and that rill subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a p►erequisite foi making or entering into this transaction imposed b) 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person b\ ho fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR, Garver Engineering, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees rovisions of 31 U S.C. § 3801 et seq., apply to this certification and disclosure, if any. Shure of CONTR OR's Authorized Official Shannon Kane - Compliance Manager Name and Title of CONTRACTOR's Authorized Official 11/25/2020 Date Procurement of Recovered Materials. Applicability: This requirement applies to all federal grant and cooperative agreement programs. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix 11, § K; 2 C.F.R. § 200.322; Chapter V, § 7. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactoiy level of II competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 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; (2) Meeting contract performance requirements; or (3) At a reasonable price. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, htlp://www.ep't.gov/epg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/prodticls.htm ... Additional Federal Requirements. The Uniform Rules authorize the federal government to require additional provisions for non -Federal entity contracts. Pursuant to this authority, the following are requited: Changes. To be eligible for federal assistance under the non -Federal entity's grant or cooperative agreement, the cost of the change, modification, change order, 01 constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. It is recommended, therefore, that a non -Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work IA ithout breaching the contract. The language of the clause my differ depending on the nature of the contract and the end - item procured. Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to the City of Pearland, Texas Division of Emergency Management (TDEM), the FEMA Administrator, the Comptroller General of the United States, and the Secretary of the U.S. Treasury, 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, examin ttions, 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 federal government or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Seals. Logos. and Flags. The CONTRACTOR shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of any federal, State or local agency without specific pre-qpproval from any such agency; particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013). Compliance with Federal Law. Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders federal policies, procedures, and directives 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, contactor, or any other patty pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or 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 VII. STATE OF TEXAS ASSURANCES As the Grantee, the CITY requires that the CONTRACTOR certify that CONTRACTOR shall: A. comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing body or of the grantee s contractor shall vote or confirm the employment of any person !elated within the second degi ee of affinity or the third degree of consanguinity to any member of the governing body or to any other officer o► employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed rot a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 13. insure that all information collected, assembled, or maintained by the grantee relative to a project \\ ill be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. C. comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise piovided by law or specifically permitted in the Texas Constitution. D . comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. E . not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health; human services, public safety, or law enforcement agency and the license, permit o► certificate has been revoked by another health and human services agency or public safety or law enforcement agency. F. comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on LaNN Enforcement that the agency is in the process of achieving compliance with such rules lithe grantee is a law enforcement agency regulated by Texas Occupations Code, Chaptei 1701. G . follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions foi receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met (See UGMS Section _.36 for additional guidance on contract provisions). H . comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all program peisonnel a►e properly trained and aware of this requirement. I. comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pl. 88-352), which prohibits discrimination on the basis of lace, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Ameticans with Disabilities Act of 1990 including Titles I, II, and IIi of the Amen leans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (Pi. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L 91-616) as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended relating to confidentiality of alcohol and drug abuse patient records; (h) Title VHS of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, of financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Giant. J. comply, as applicable, \\ nth the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. K. comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), vs hich provide rot fair and equitable treatment of persons displaced 01 whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases L. comply with the provisions of the Hatch Political Activity Act (5 U S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. M. comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. N. insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration foi listing by the EPA (EO 11738). O. comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Piotection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed roi use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. P. comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to BO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of pioject consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) confot mity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (Pt. 93-205). Q. comply with the Wild and Scenic Rivets Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. R. assist the awarding agency in assuring compliance with Section 106 of the National Historic Preset vation Act of 1966, as amended 0 6 U.S.C. §470), EO 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). S. comply with the Labotatory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standatds of elle and treatment for vertebrate anim'tls hied lot commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. T. comply with the Lead -Based Paint Poisoning Pievention Act (42 U.S.C. §§4801 et seq.) which ptohibits the use of lead-based paint in construction or rehabilitation of residential structures. U. comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used fot the provision of ser vices for children. V. comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. W comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. X. adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Depaitment of Health as required by the Texas Health and Safety Code, Ann. Sec. 85.001, et seq. Y comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17, 1991. and, Z. certify and assure that its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility deteimined by any federal state, or local governmental entity and it is not listed on a state 01 federll government's terrorism watch list as described in Executive Oidei 13224. Entities ineligible for federal procurement hive Exclusions listed at https://www.sam.gov/portal/public/SAM/. VIII. U.S. TREASURY COMPLIANCE - § 601(cl) SOCIAL SECURITY ACT The CONTRACTOR shall, to the extent feasible and applicable, cooperatively comply with the terms and conditions of the CARES Act and the State of Texas Coronavirus Relief Fund (CRF) as applicable to the CITY, adhering to any of the requited tiered compliance v ith applicable rules and regulations in the Act that pass through the CITY to the CONTRACTOR (attached) SECTION XI - SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. House Bill 89 Verification Shannon Kane (Person name), the undersigned representative (hereafter referred to as "Representative") of Vortex Industries, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification 011 behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made jqr ordinary business purposes. NATURE OF E RESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 25 day of November , 2020 . DEIRDRE PALLADINO Notary Public — Califerroia Orange County Commission r 2226212 My Comm. Exo;res Jan 8.2022 LCAAitit- C.) Notary Public EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing automatic door parts and installation services associated with COVED -19 mitigation efforts at City facilities for the City of Peailand, as needed per the specifications of vendor proposal #sq -90671, R2020-256. Pricing is as follows per contractor's response to the same, as listed below: Attachment A — Vendor Proposal #sq -90671 1-800-698-6783 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date 11/5/2020 PUBLIC WORKS DEPARTMENT 3501 E ORANGE ST PEARLAND, TX 77581 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Fax Phone In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terms. Location and Cost Summary: Location Total City Hall' $11,445.76 City Hall Annex' $18,475.44 Rec Center $11,445.76 PSB' $27,712.48 West Side Event Center $14,750.80 Total Cost $83,830.24 Material $7,683.76 $11,941.44 $7,683.76 $20,188.48 $10,988.80 $58,486.24 Labor $3,762,00 $6,534.00 $3,762.00 $7,524,00 $3,762.00 $25,344.00 to list days or hours Vortex cannot do Terms: % on deposit. Balance the work: due upon TO damages © Customer Payment Completion. OUR OFFICE WITH DEPOSIT. Offer may be revoked by and/or services not included in proposal, Proposal also Identified herein. This offer is good for 30 days. SIGNED COPY MUST BE RETURNED Vortex at any time prior to acceptance. Hidden or unanticipated does not include costs of prevailing wages, if required, unless specifically NOTICE TO PROPERTY OWNER: 0 bats are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your properly being so improved may be placed against the property even though you have paid your contractor in lull. You may wish to protect yourself against this consequence by (1) requiting your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device vfiich is appropriate under the circumstances. IMPORTANT: See following pages fer additional terms, including part of this proposal, and will constitute terms of your contract with as Additional Insured only when required by written contract with Customer. limitations Vortex. of warranty and limitatons Customer is added to our of liability which are General Liability policy Accepted: ("Customer') VORTEX INDUSTRIES, INC. ("VORTEX") By By Casey Walk (SHO) Date 11/5/2020 Date 1-800-698-6783 1 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date 11/5/2020 PUBLIC WORKS DEPARTMENT 3501 E ORANGE ST PEARLAND, TX 77581 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Fax Phone In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terms. City Hall: We propose to furnish, deliver, and install the following subject to the terms noted below: Two (2) new Low Energy Simultaneous Pair Door Operator and three (3) new Touchless Door Activators for your existing Glass Aluminum Doors to meet ADA Regulations. This includes the following benefits: O Applicable to all interior and exterior applications of low energy (ADA) requirements o Handles all types of traffic conditions and door sizes with weights up to 250 lbs. CI Adjustable hold open time 0 Reliable operation © Can be integrated with all key and card security systems © Power assist close guarantees latching d Provides controlled access to secured areas O Handicap compliant This includes mounting the unit above the door, adjustments to the door to meet your needs, lubrication of all points of friction, and our Standard Quality Assurance & Safety Check, FOR THE TOTAL NET SUM OF $11,445.76 tax exempt Please note this bid INCLUDES the following: 1. Vortex Exclusive one (1) year Limited Warranty. 2. Work to be scheduled during regular business hours (M -F 7:30a -4:30p) unless otherwise stated. 3. Removal and disposal of damaged material. Please note this bid DOES NOT INCLUDE the following: 1. Any finish work or finish paint, if necessary. 2. Any item not called out above. No access control. 3. Any electrical not within 2' of door area. Electrical by others for main power. Please fax or email signed proposal to: SHOSC@VortexDoors.com Scroll Down... or hours Vortex cannot do % on deposit. Balance SIGNED COPY MUST BE RETURNED Hidden or unanticipated wages, if required, unless specifically the work: © Customer to list days Payment Terms* due upon Completion. TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by damages and/or services not included in proposal. Proposal also identified herein. This offer is good for 30 days. Vortex at any time prior to acceptance. does nol include costs of prevailing NOTICE TO PROPERTY OWNER: II bills are not paid in full for the labor services, equipment, cr materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method cr device which is appropriate under the circumstances. IMPORTANT: See following part of this proposal, and will as Additional Insured only when pages for additional terms, including limitations of warranty and constitute terms of your contract with Vortex. Customer is added required by written contract with Customer. limitations of liability which are to our General Liability policy Accepted: ("Customer") 1 VORTEX INDUSTRIES, INC. ("VORTEX') By I By Casey Walk (SHO) Date 1 Date 11/5/2020 1-800-698-6783 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date 11/5/2020 P UBLIC WORKS DEPARTMENT 3501 E ORANGE ST P EARLAND, TX 77581 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Phone Fax In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terns. City Hall Annex: We propose to furnish, deliver, and install the following subject to the terms noted below: Three (3) new Low Energy Simultaneous Pair Door Operator and six (6) new Touchless Door Activators for your existing Glass Aluminum Doors to meet ADA Regulations. This includes the following benefits: Co Applicable to all interior and exterior applications of low energy (ADA) requirements o Handles all types of traffic conditions and door sizes with weights up to 250 lbs. G Adjustable hold -open time O Reliable operation • Can be integrated with all key and card security systems Ca Power assist close guarantees latching G Provides controlled access to secured areas O Handicap compliant This includes mounting the unit above the door, adjustments to the door to meet your needs, lubrication of all points of friction, and our Standard Quality Assurance & Safety Check. FOR THE TOTAL NET SUM OF $18,475.44 tax exempt Please note this bid INCLUDES the following: 4, Vortex Exclusive one (1) year Limited Warranty. 5. Work to be scheduled during regular business hours (M -F 7:30a -4:30p) unless otherwise stated. 6. Removal and disposal of damaged material. Please note this bid DOES NOT INCLUDE the following: 4. Any finish work or finish paint, if necessary. 5. Any item not called out above. No access control. 6. Any electrical not within 2' of door area. Electrical by others for main power. Please fax or email signed proposal to: SHOSC@VortexDoors.com Scroll Down... to list days or hours Vortex cannot do the Terms: • % on deposit. Balance due work: © Customer Payment upon Completion. This offer is good for 30 days. Vortex at any time prior to does not include costs of SIGNED COPY MUST BE RETURNED acceptance. Hidden or unanticipated prevailing wages, if required, unless specifically TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by damages and/or services not included in proposal. Proposal also Identified herein. NOTICE TO PROPERTY OWNER: leading to the loss, slough court have paid your contractor in lull person or rims giving you This notice If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien foreclosure pro:ee dings, of all or part of your property being so improved may be placed against the properly even though you You niay wish to protect yourself against this consequence by (1) requiring your contractor to Wish a signed release by the before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. IMPORTANT: part of this as Additional See following pages for additional terms. including proposal, and will constitute terms of your contract Insured only when required by written contract with limitations of warranty and limitations of liability which are with Vortex. Customer is added to our General Liability policy Customer. Accepted: ("Customer") VORTEX INDUSTRIES, INC. ("VORTEX") By By Casey Walk (SHO) Date Date 11/5/2020 1-800-698-6783 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date P UBLIC WORKS DEPARTMENT 3501 E ORANGE ST P EARLAND, TX 77581 11/5/2020 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Phone Fax In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terms. Rec Center: We propose to furnish, deliver, and install the following subject to the terms noted below: Two (2) new Low Energy Simultaneous Pair Door Operator and three (3) new Touchless Door Activators for your existing Glass Aluminum Doors to meet ADA Regulations. This includes the following benefits: o Applicable to all interior and exterior applications of low energy (ADA) requirements o Handles all types of traffic conditions and door sizes with weights up to 250 lbs. o Adjustable hold -open time o Reliable operation o Can be integrated with all key and card security systems o Power assist close guarantees latching o Provides controlled access to secured areas o Handicap compliant This includes mounting the unit above the door, adjustments to the door to meet your needs, lubrication of all points of friction, and our Standard Quality Assurance & Safety Check. FOR THE TOTAL NET SUM OF $11,445.76 tax exempt Please note this bid INCLUDES the following: 7. Vortex Exclusive one (1) year Limited Warranty. 8. Work to be scheduled during regular business hours (M -F 7:30a -4:30p) unless othenvise stated. 9. Removal and disposal of damaged material. Please note this bid DOES NOT INCLUDE the following: 7. Any finish work or finish paint, if necessary. 8. Any item not called out above. No access control. 9. Any electrical not within 2' of door area. Electrical by others for main power. Please fax or email signed proposal to: SHOSC@VortexDoors.com Scroll Down... to list days or hours Vortex Terms. % on deposit. cannot do the work: Balance due upon © Customer Payment Completion. This Vortex does offer at not include is good for 30 days. any time prior to costs of SIGNED COPY acceptance. Hidden prevailing wages, if MUST BE RETURNED or unanticipated required, unless specifically TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by damages and/or services not included in proposal. Proposal also identified herein. NOTICE TO PROPERTY OWNER: leading to the loss, through court have paid your contractor in lull. person or tirm giving you this notice If bats are not paid in fug for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. IMPORTANT: See following part of this proposal, and as Additional Insured only will when pages for additional terms, Including limitations constitute terms of your contract with Vortex. required by written contract with Customer. of warranty and imitations Customer is added of liability which are to our General Liability policy Accepted: ("Customer") VORTEX INDUSTRIES, INC. ("VORTEX") By By Casey Walk (SHO) Date 11/5/2020 Date 1-800-698-6783 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date P UBLIC WORKS DEPARTMENT 3501 E ORANGE ST P EARLAND, TX 77581 11/5/2020 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Phone Fax In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terms. PSB: We propose to furnish, deliver, and install the following subject to the terms noted below: Four (4) new Low Energy Simultaneous Pair Door Operator and six (6) new Touchless Door Activators for your existing Glass Aluminum Doors to meet ADA Regulations. This includes the following benefits: o Applicable to all interior and exterior applications of low energy (ADA) requirements o Handles all types of traffic conditions and door sizes with weights up to 250 lbs. o Adjustable hold -open time o Reliable operation O Can be integrated with all key and card security systems c? Power assist close guarantees latching o Provides controlled access to secured areas o Handicap compliant Two (2) new Low Energy Door Operator and four (4) new Touchless Door Activators for your existing Glass Aluminum Door to meet ADA Regulations. This includes the following benefits: o Applicable to all interior and exterior applications of low energy (ADA) requirements o Handles all types of traffic conditions and door sizes with weights up to 250 lbs. o Adjustable hold -open time © Reliable operation o Can be integrated with all key and card security systems o Power assist close guarantees latching o Provides controlled access to secured areas o Handicap compliant This includes mounting the unit above the door, adjustments to the door to meet your needs, lubrication of all points of friction, and our Standard Quality Assurance & Safety Check, FOR THE TOTAL NET SUM OF $27,712.48 tax exempt Scroll Down... to list days or hours Vortex Terms: % on deposit. cannot do the Balance due work: © Customer Payment upon Completion. This offer is good for 30 days. SIGNED COPY Vortex at any tirne prior to acceptance. Hidden does not include costs of prevailing wages, If MUST BE RETURNED TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by or unanticipated damages and/or services not included in proposal. Proposal also required, unless specifically identified herein. NOTICE TO leading to the have paid person or firm PROPERTY OWNER: If bAls are nol paid in full for the labor, services. equipment, or materials furnished or to be furnished, a mechanic's lien loss, Through court foreclosure proceedings, of all or pan of your property being so unproved may be placed againsl the property even though you your contractor in lull. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. IMPORTANT: part of this proposal, as Additional See following pages for additional and will constitute terms Insured only when required by terms, including of your contract written contract with limitations of warranty and limitations of liability which are with Vortex. Customer is added to our General Liability policy Customer. Accepted: ("Customer") VORTEX INDUSTRIES, INC. ("VORTEX") By By Casey Walk (SHO) Date Date 11/5/2020 1-800-698-6783 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date PUBLIC WORKS DEPARTMENT 3501 E ORANGE ST PEARLAND, TX 77581 11/5/2020 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Phone Fax In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terns. Please note this bid INCLUDES the following: 10. Vortex Exclusive one (1) year Limited Warranty. 11. Work to be scheduled during regular business hours (M -F 7:30a -4:30p) unless otherwise stated. 12. Removal and disposal of damaged material. Please note this bid DOES NOT INCLUDE the following: 10. Any finish work or finish paint, if necessary, 11. Any item not called out above. No access control. 12 Any electrical not within 2' of door area. Electrical by others for main power. Please fax or email signed proposal to: SHOSC@VortexDoors.com Scroll Down,.. to list days or hours Vortex cannot do the Terms• % on deposit. Balance due work: 12 Customer Payment upon Completion. This offer is good for 30 days. SIGNED Vortex at any lime prior to acceptance. does not include costs of prevailing COPY Hidden wages, if required, MUST BE RETURNED or unanticipated unless specifically TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by damages and/or services not included In proposal. Proposal also identified herein. NOTICE TO PROPERTY OWNER: If bVls leading to the loss, through court foreclosure have paid your contractor in full. You may person or firm giving you this notice before are not paid in proceedings, wish to protect making payment full for the labor services, equipment, or materials of all or part of your property being so improved may yourself against this consequence by (1) requiting to your contractor or (2) any other method or dev furnished or to be furnished, a mechanic's lien be placed against the property even though you your contractor to furnish a signed release by the ce which is appropriate under the circumstances. IMPORTANT: See following pages part of this proposal, and will constitute as Additional Insured oniy.when for additional terms, including terms of your contract required by written contract ("Customer") with with Customer. VORTEX limitations of warranty and limitations of liability which are Vortex. Customer is added to our General Liability policy INDUSTRIES, INC. ("VORTEX") Accepted: By By Casey Walk (SHO) Date 11/5/2020 Date 1-800-698-6783 To CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 Attn. ALEX MALDONADO Site Date PUBLIC WORKS DEPARTMENT 3501 E ORANGE ST PEARLAND, TX 77581 11/5/2020 Ref. # sq -90671 Phone (832) 584-0426 Job (832) 584-0426 Fax Phone In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terms. West Side Event Center: We propose to furnish, deliver, and install the following subject to the terms noted below: Two (2) new Low Energy Simultaneous Pair Door Operator, four (4) new Touchless Door Activators and four (4) new Electric Strikes with Power Supply for your existing Glass Aluminum Doors to meet ADA Regulations. This includes the following benefits: o Applicable to all interior and exterior applications of low energy (ADA) requirements o Handles all types of traffic conditions and door sizes with weights up to 250 lbs. o Adjustable hold -open time o Reliable operation o Can be integrated with all key and card security systems o Power assist close guarantees latching O Provides controlled access to secured areas o Handicap compliant This includes mounting the unit above the door, adjustments to the door to meet your needs, lubrication of all points of friction, and our Standard Quality Assurance & Safety Check. FOR THE TOTAL NET SUM OF $14,750.80 tax exempt Please note this bid INCLUDES the following: 13. Vortex Exclusive one (1) Year Limited Warranty. 14. Work to be scheduled during regular business hours (M -F 7:30a -4:30p) unless otherwise stated. 15. Removal and disposal of damaged material. Please note this bid DOES NOT INCLUDE the following: 13. Any finish work or finish paint, if necessary. '14. Any item not called out above. No access control. 15. Any electrical not within 2' of door area. Electrical by others for main power. Please fax or email signed proposal to: SHOSC@VortexDoors.com cannot do the work: Balance due upon 13 Customer to list days or hours Vortex Terms: % on deposit. Payment Completion. This offer Is good for 30 das. SIGNED COPY MUST BE RETURNED TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by Vortex at any time prior to acceptance. Hidden or unanticipated damages and%or services not included In proposal. Proposal also does not include costs of prevailing wages, if required, unless specifically identified herein. NOTICE TO PROPERTY OWNER' II Mk are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improveo may be placed against the properly even though you have paid your contractor in fu',I. You may v4sh to protect yourself against This consequence by (i) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device Mich is appropriate under the circumstances. IMPORTANT: See following pages for additional part of this proposal, and will constitute terms of as Additional Insured only when required by written terms, your contract contract including with limitations v Ith Vortex. Customer. of warranty and limitations of liability which are Customer is added to our General Liability policy Accepted: ("Customer") VORTEX INDUSTRIES, INC. ("VORTEX") By By Casey Walk (SHO) 11/5/2020 Date Date LIMITED WARRANTY I. APPLICABLE PERIOD. The VORTEX warranty for materials or labo (a ap ropriate) is apptcabfe to cover problems promptly reported in writing within the foilowirg periods spedhed: 1.1 NEW PRODUCT INSTALLATIONS. A. Heavy Duty Roiling Steel Doors and Hollow Metal Doors • Five Year Limited Wananty, as follows: h year Labor, 3' year - 20% Material, Na Labor, 4° and 5^ Year • 10% Material, No Labor. 8. Overhead, Glass Entrance and Light' Weight Rohing Steel Doors, Motors and Other New Product Installation Material and tabor, 2d year • 20% Material, No Labor. 31 year. 10% Material, No Labor 1.2 REPAIRS. A. Repairs Performed as Recommended by VORTEX: 100% Materials for 1 year, and 90 days labor. B. Limited Scope Repairs • No Warranty. 2. LIMITED WARRANTY. OUR WARRANTY IS FURTHER LIMITED AS FOLLOWS: 2.1 Our warranty shall not extend to or cover deterioration due to rust resulting from (i) damage to the door section finish caused by Ike, other accident or casuaty. vandalism, radiation, harmful fumes or foreign substances in the atmosphere, (i) occurring as a result of any Phys cal damage after the doer telt our control, or (i) failure to p'ovide reasonable, necessary and proper maintenance (see paragraph 3 bebw). 2.2 Our warranty shall not extend to or cover any damages or clams with respect to any products that in any way or degree have been altered, processed, misused or improperly handled or installed. 2.3 VORTEX does not warrant conformity with any building w fire codes. Customer is responsible for obtaining any required permits and giving any required notices. 2.4 WE JAAKE NO OTHER WARRANTIES, REPRESENTATIONS OR COVENANTS, EXPRESS OR IMPLIED, AS TO ANY MANNER WHATSOEVER WITH RESPECT TO THIS PRODUCT EXCEPT FCR ANY IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW, AND ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE. 2.5 IN THE EVENT OF THE BREACH OF THE WARRANTY DESCRIBED ABOVE, VORTEX'S SOLE RESPONSIBILITY SHALL BE TO REPAIR OR REPLA"E MW PRODUCT WHICH PROVED TO HAVE BEEN D2FECTNE DURING THE WARRANTY PERIOD. In the event VORTEX fails to or elects not to repair or replace the defective products, VORTEX'S responsibility shat he limited to the damages specified in Section 5 below. 2.6 This warranty gives you specific legal debts, and ycu may also have other rights which vary from state to stale. 2.7 Only an authorized corporate officer of VORTEX may modify or add to the warranties set forth above, and any such modification or addition most be in writing and separately executed by such corporate officer. 3. OWNER'S RESPONSIBILITY. The proper operation and maintenance of your doors is critical. If your door is equipped with a hand chain or pull rope, control its speed and do not let it slam up or slam down. If yea opera° your door slowly and carefullyh should last many years. However, the useful life of the doors and their component pads is not unlimited, and to assure the sale and proper operation, 11 is imperative that doors he serviced and insi:ecfed every six months for long life and easy operation. Falure to do so MI void the warranty. You are encourage° to contact VORTEX for details on availaefa Preventive Maintenance programs. On such iron or steel surfaces painted by VORTEX with prime coat as are exposed to the weather, Customer agrees to complete painting with a knish coat or coats of a color of Customer's choice. 4. FURTHER CONDITIONS OF WARRANTY. The foregoing warranty shall be voided and products and servkes shall be deemed sold 'asis' with all faults: 4.1 if the related invoke is not paid within thirty (30) days; 4.2 If repaus or alterations are made by anyone other than VORTEX; 4.3 until any'Recommendalion for Additional Work Needed' is authorized in writing by Customer and completed by VORTEX. You must give us the job number when first eating for warranty service or you will be billed for the work. • Three Year Limited Warranty, ' year - 100% Material, No as follows: 114 year . 100% • 100% Material and Labor, 2- LIMITATIONS OF LIABILITY. 5.1 THE LIABILITY OF VORTEX FOR DAMAGES OR INDEMNITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES PAID BY CUSTOMER TO VORTEX WITH RESPECT TO THE SPECIFIC PRODUCTS OR SERVICES. 5.2 IN N0 EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL VORTEX BE LIABLE FOR INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, CR LOST SALES, NOTWITHSTANDING THE FACT THAT VORTEX MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER TERMS AND CONDITIONS PAYMENT TERMS. The Company that called us i re ponsibl for p y ng the bill. VORTEX provid emergency repair services, and time is of the essence to the performance by the parties of their obigatbns. Service bits are d e a i payable upon completion of work. Hours are calculated from the time the man leaves our shop until he returns. Minimum service charge is one hour at the current hourly rate. Cu tomer further gr is to VORTEX a security tete st in all products furnished to customer. In event of default, VORTEX shag have. in addition to all rights provided by aw, the right to repossess all products and to remove doors supplied. Overdue accounts shall accrue lteresl from the date payment on the account is overdue, at 10% per annum, or the maximum legal rate, whichever is greater. WORK HOURS. VORTEX standard work hours ere Mon. — Fri. 8:00 a.m. —4:30 p.m. VORTEX's standard rates shall be increased forwork performed during other hours. VORTEX must be notified of any days or times during which scheduled work cannot be done. A refused field trip will be charged tor, SITE PREPARATION. Customer, at its expense, shall assure that the wall constmct(on around the opening is suitab'e for supporting all doors, door seals, accessories, and other items, and that there Is proper clearances for their reception. When VORTEX is to provide erection, Customer at its expense shall assure that the openings into wh sh the items or around which the Hems are to be installed are complete, unobstructed, and available 10 VORTEX mechanics ar subcenlradors without delay or interruption to their work. Customer warrants safety and suitability of the stricture for reception of VORTEX'S materials and agrees to hold VORTEX and its subcontractors harmless from liabiliy attributed thereto. Unless otherwise expressly slated. this work order does not include the preparation or furnishings by VORTEX of openings, sills, Jambs, lintels, sWclural members to whkh doors or accessories are to be attached, ar glass or glazing, or when motor operators are furnished, any wire. fuses, or conduits, or any auxiliary steel work for carrying supporting or attaching power units. Electrical hookup and haufing away of old materials is rot included in the work order. Customer acknowledges that unloading, hoisting, storage and protection of materials is the sole responsibility of the Customer. PERFORMANCE EXCUSED, VORTEX shall not be liable to Customer in any manner for failure or delay to fill an order placed herein, or other failures to perform as a resod of sN'ke or other labor trouble, fire, flood, material or labor shortage, embargo, stoppage in Vansil, direct or indirect acts, regulatbns or orders of any governmental body, war, sabotage, act of God or public enemy, or other cause beyond the control of VORTEX including nonperformance of conditions precedent by Customer such as the furnishing of specifications of wall openings or other informatlon, approval of or other action upon drawing. ENFORCEMENT OF CONTRACT. This contract (subeU only to modification by any subsequent, and fully executed, written repair wore order) constitutes the entire agreement of the pathos with respect to the proposed wok. There are no oral agreements made or allowed between the peaks. M parties agree that interpretations and enforcement of the contract shall be sub ect to the laws el the state of Catfornia and any action brought to enforce any provision of the agreement shall be in the jurisdiction and venue of the ccurts of Orange County, California. In the event of any action or proceeding to enforce this agreement or arising oul of any bread' of this agreerrenL the prevailing party herein shall be entitled to recover reasonable attorney's bes and costs therein incurred. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' LICENSE BOARD, 9821 BUSINESS PARK DRIVE, SACRAMENTO, CALIFORNIA 95827. MAILING AODRESS: P. 0. BOX 26000, SACRAMENTO, CALIFORNIA, 95826. WEBSITE: WVAN.CSLB.CA.GOV. Rev. 1/09