RFPQ 7396 Decking Replacement.pdf

CITY OF CORPUS CHRISTI

REQUEST FOR PRICE QUOTE (RFPQ)

SERVICE

ASSET MANAGEMENT DEPARTMENT

PROJECT INFORMATION

Project Name: Neyland Library Replace Decking

Project Location: 1230 Carmel Pkwy, Corpus Christi, Texas 78411

Reference/Project Number: 26-262428

POINT OF CONTACT

Procurement Officer: John Magill Email: johnma2@corpuschristitx.gov Office Phone: 361-826-3167

PROCUREMENT SCHEDULE

Solicitation Open: 07/02/2026 at 08:00 a.m. CT Job Walk: 07/08/2026 at 10:00 a.m. CT Request for Clarification (Q/A) Due: 07/14/2026 at 05:00 p.m. CT Q/A Response Posted: 07/17/2026 at 05:00 p.m. CT BIDS DUE: 07/24/2026 at 05:00 p.m. CT

Special Instructions for Vendors:

- There will only be one Job Walk for this project.

- Job Walk meeting area and parking will be on the east side between the library and Sutherlands.

- Bidders are highly encouraged to familiarize themselves with the Scope of Work prior to the Job Walk and bring any necessary staff to view the project site.

- All questions outside of the Scope of Work must be posted on the Portal.

REQUEST FOR PRICE QUOTE (RFPQ)

SERVICE

You are invited to provide a quote for decking replacement services for the Neyland Library in the City of Corpus Christi.

The term of this contract will be two months.

Quote Instructions

1. All inquiries or requests for clarifications (Q/A) must be submitted to the City’s Project Manager indicated in this RFPQ, or designee as specified in writing, and online, via the City’s Supplier Portal (Supplier Portal Information | City of Corpus Christi) using the electronic question submission feature specific to this RFPQ. Such inquiries or requests must be submitted by the due date and time for clarifications provided in this RFPQ.

Other employees do not have the authority to respond on behalf of the City, and any attempt to question other employees regarding this RFPQ may result in the City disqualifying that Bidder. Only written responses from the City’s Project Manager or designee will be binding concerning inquiries requesting clarification or additional information. City’s Project Manager’s written responses will be released simultaneously to all prospective Bidders in the form of an Addendum. Bidders must acknowledge receipt of all Addenda.

2. Quote should include all labor, supervision, material, equipment, tools, consumables, safety equipment, transportation, permits, and all other items of expense required to perform work. Quote must include any required WARRANTIES.

3. Bids should not include taxes, as the City is tax-exempt. The City’s Tax Exemption

Certificate will be provided upon request.

4. Should there be any shipping involved in this bid, shipping shall be F.O.B. destination and included in the pricing unless specifically listed as a bid item.

5. Any time stated in this RFPQ as a number of days shall be construed as calendar days.

6. The quote is to be submitted on the REQUEST FOR QUOTE FORM format provided by the City of Corpus Christi. If you have generated a Proposal, please transfer that information to Attachment B. Alterations or modifications are not to be made to the Quote Form. Bids submitted on other than the City’s forms or with different terms and conditions not approved explicitly during the RFPQ process will be considered nonresponsive.

7. All blanks MUST be completed. Fill in all fields in the RFPQ Form and attach signatures for all related signature lines. List N/A on all fields that are Non- Applicable.

8. Quote must include the name/names of any subcontractors you will be using and what part of the scope they will be performing. Please attach this information to the quote form.

9. In case of discrepancy between Unit Price and Total, the Unit Price is presumed to be correct, and totals are recalculated accordingly.

https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/ https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/

10. The Contractor submitting the quote will be required to meet the City’s Insurance

Requirements prior to executing the work.

11. If awarded, the Contractor must submit Certificate of Insurance (COI), W-9 form (for new vendors), any warranty information for parts/labor, the schedule of completion (if applicable), and any other required submittals prior to the Contract Award.

12. Failure to submit all required documents may result in disqualification due to nonresponsiveness.

Submission of Bid

1. Bidder should submit its bid either electronically or in hard copy as instructed in this

RFPQ.

2. If submitting bid electronically, submit via the City of Corpus Christi Supplier Portal at:

(Supplier Portal Information | City of Corpus Christi)

3. The City of Corpus Christi allows Bidders to submit their bid via the Supplier Portal.

However, if the bidder prefers to submit a hard copy of the bid offer, the submittal shall be returned, as instructed in the RFPQ, in a sealed envelope marked on the outside with the RFPQ number and title, the bidder’s name, and address.

4. Hard copy of bid offer should be submitted to:

Delivery Address and Procurement Officer John Magill

City of Corpus Christi City Hall, 1st Floor

1201 Leopard St., 78401 Corpus Christi, TX 78469-9277

5. The City’s Procurement Policy requires that all bids submitted be sealed, secret, and unopened through the DUE DATE FOR BIDS specified in this RFPQ. Therefore, bids submitted directly to the City by facsimile machine (fax) or e-mail will be considered non-responsive and eliminated from consideration.

6. Bids must be received by 07/24/2026 at 05:00 p.m. CT. specified in this RFPQ.

Without exception, bids received after this deadline are late, and shall be deemed non-responsive and will not be considered. The City’s Contracts and Procurement physical and electronic time stamps will govern the cutoff time for accepting bids.

7. The Price Quote Form and Disclosure of Interest Form must be completed and submitted by the Response Deadline.

https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/ https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/

Evaluation Factors Lowest Responsive, Responsible Bidder The City will award purchase orders and contracts to the Lowest Responsive, Responsible

Bidder. In determining the Lowest Responsive, Responsible Bidder, the City may consider the quality of the product, adaptability to the particular use required, and the ability, capacity, experience, efficiency, and integrity of the bidders, as well as their financial responsibility.

The award shall be made only to a Bidder that is responsive and responsible, as defined below:

Definitions:

1. “Responsive.” A Vendor that responds to all material requirements of any solicitation will be deemed responsive. The response must include all requested information in the format required by the solicitation.

2. “Responsible.” A business entity or individual who has the integrity and reliability, as well as the financial and technical capacity to perform the requirements of the solicitation and subsequent award, will be deemed responsible. This assessment may include a review of all references on any projects performed by a business entity or individual, whether provided by the business entity or individual or known by the City. Depending on the nature of the solicitation, additional factors may be considered in determining the responsibility of a respondent. This determination is based on, but not limited to, historical records, litigation history, current performance, bonding capability, and reference checks.

3. “City Project Manager.” The City Project Manager is the main point of contact designated for the role, overseeing and managing daily construction activities performed by the Contractor from start to finish.

4. “Contract Administrator.” A city employee is designated to oversee the administrative duties of this service agreement and is the primary point of contact for inquiries regarding its terms and conditions.

ATTACHMENTS

Attachment A: Scope of Work Attachment

B: Quote/Pricing Schedule Attachment

C: Insurance Requirements Attachment

D: Warranty Requirements Attachment

E: Sample Service Agreement Attachment

F: Disclosure of Interest Form Attachment

ATTACHMENT A: SCOPE OF WORK

1. General Requirements

a. The Contractor shall provide contract services to replace the decking at the emergency exit at the Neyland Library.

b. The Contractor shall have enough competent, responsible, trained personnel qualified to provide the required services.

c. The Contractor is responsible for the collection of all measurements, dimensions, quantities, pre-existing conditions, etc.

d. Photo and video collecting is recommended, unless space/area is considered protective and confidential.

e. The Contractor shall provide all supervision, labor, transportation, tools, materials, and equipment necessary for the completion of services.

f. All services must be performed in accordance with federal, state, local building codes, including but not limited to IBC 2024, ICC 2024, and the Occupational Safety and Health Administration (OSHA) safety requirements.

g. The Contractor shall provide a working schedule no more than five days from the issuance of the Executed Service Agreement, to include days and times.

h. Changes to work schedule shall be communicated in writing by the Contractor to the City’s Project Manager in a timely manner.

i. An 811 ticket is required for any movement of earth. The Contractor shall be responsible for providing the City’s Project Manager with a copy of the 811 ticket prior to mobilization.

i. The excavator is responsible for obtaining the ticket and following all Texas 811 requirements and compliance. Tickets can be requested by dialing 811 or by going online to Texas811.org

2. Project Summary The purpose of this project is to remove and dispose of the existing wood decking, stairs, rails and skirt at the rear emergency exit of the library, and install new decking, stairs, rails and skirt with gray colored composite materials.

3. Project Duration/ Project Completion Duration/Completion Date will be two months. The contract term includes all time necessary for project completion including, but not limited to, material lead time, equipment acquisition, mobilization and demobilization, construction time, weather delays, inspections, permit acquisition, and completion of punch list items. All items shall be completed on, or prior to the Completion Date.

4. Submittals

a. The Contractor shall be responsible for providing all submittals and product specifications to the City’s Project Manager to review no more than 15 days after the issuance of the Executed Service Agreement. Allow seven business days for City submittal review.

b. No purchases must be made, or work scheduled prior to approval of material and/or equipment from the City’s Project Manager.

c. The Contractor shall provide a copy of all applicable permit cards to the City’s Project Manager prior to the applicable work activity related to the permitted activity.

5. Scope of Work

a. DIVISION 02: Existing Conditions

i. Demolish & dispose of existing deck, stairs, skirt, and railing.

ii. Cut &dispose of existing deck posts, cut flush.

b. DIVISION 06: Wood, Plastics & Composites

i. Install new composite decking, stairs, skirt and railing to match existing.

(Gray color, contractor to provide options)

ii. Install new treated wood posts for new composite decking.

6. Special Requirements & Conditions

a. Work Schedule: This work will be done during normal working hours

i. Monday through Friday, 8 a.m. – 5 p.m.

b. Under special circumstances weekend work may be available. The Contractor shall provide at a minimum three days’ notice prior to scheduling any holiday and weekend work to ensure the receiving party is available.

c. The Contractor shall provide at a minimum a weeks’ notice before scheduling any work conflicting with City’s operational hours.

d. The Contractor shall provide at a minimum two days’ notice for work needing to be done after two or more non-consecutive working days.

e. No mobilization or work shall be performed until construction schedule has been received by the Contractor and approved by the City’s Project Manager.

7. Communication During Project

a. The City’s Project Manager is to be the first point of contact for all parties on matters concerning this project.

b. If applicable, the Contractor will provide progress updates to the City’s Project

Manager on a daily, and weekly basis. Weekly progress updates will be provided via email correspondence or submitted as a PDF document to include photographs. All email correspondence subject lines will reference the project name & number: Neyland Library Replace Decking 25-862428

c. The Contractor shall have a Superintendent or Foreman on-site for the duration of the project. The Superintendent or Foreman shall be present during all third-party verification and inspections.

d. Any unauthorized changes or services performed by the Contractor shall be at the responsibility of the Contractor and not the City of Corpus Christi.

e. The Contractor shall report to the City’s Project Manager or designee at the location upon arrival and departure per scheduled time.

f. The Contractor shall be responsible for acquiring the appropriate equipment and ensure proper PPE is worn for the above services listed.

8. Site Management

a. The Contractor shall keep the construction area orderly and neat daily. Daily clean-up is required. All construction waste must be properly and legally disposed

of. The job site must be kept safe; preventing public harm or injuries from occurring.

b. It is at the responsibility of the Contractor to ensure all equipment and disposal containers and trailers are sized sufficiently and can be accommodated at the job site.

c. Designated parking shall be provided for the Contractor at the discretion of the City’s Project Manager. The Contractor shall have the company name or logo on the work vehicles while on site.

d. The Contractor shall be responsible for repairing property damages sustained from related work. No tampering, vandalizing, or stealing of City Property will be tolerated, and subjected to dismissal of construction team.

e. The City is not responsible for equipment or material damage or theft while on City Property. The contractor is responsible for securing valuables.

9. Project Close-Out

a. The Contractor shall schedule a substantial completion walk-through at 80% project completion with the City’s Project Manager. The Contractor shall provide the City’s Project Manager at a minimum two days’ notice prior to scheduling.

b. The Contractor shall perform a substantial completion walk-through with the City’s Asset Management Project Manager and Customer at substantial completion.

c. The Contractor shall be responsible for completing punch list item(s) no more than 14 calendar days prior to the project completion date and/or project contract term end date.

d. The Contractor shall provide at a minimum two days’ notice for any returning work not performed under initial construction work schedule.

e. The Contractor shall provide warranty letters including manufacture warranty on all parts and materials used on project, and applicable O&M’s prior to submitting final invoice.

f. The Contractor shall provide a Certificate of Completion of permit prior to invoicing and a Certificate of Occupancy if applicable.

g. The Contractor shall provide Windstorm Certificate prior to invoicing.

h. The Contractor shall provide the owner or City staff with training and perform demonstration of any new equipment, machinery, or moving hardware for proper operation, if applicable.

10. Invoicing

a. The Contractor shall submit invoice for services to the City.

b. No progress invoicing will be allowed.

c. Invoice shall include work description, purchase order number, service agreement number, location(s), and date of Service(s).

d. Refer to service agreement Section 3. Compensation and Payment for submission contact information. A copy of invoice shall be emailed to facilitymaintenanceinvoicing@cctexas.com.

Exhibit A: Photos - Neyland Library Replace Decking W/O#25-862428

ATTACHMENT B: QUOTE/PRICING SCHEDULE

QUOTE FORM

1. Refer to “Sample Service Agreement” Contract Terms and Conditions before completing quote.

2. Reference Attachment A. Scope of Work for details on each Division bid item. All bid items shall include Material, Labor, and Equipment.

3. In submitting this quote, Vendor certifies that the prices in this quote have been arrived independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition regarding prices.

Invitation to quote, FOB Destination, Freight Included, on the following:

PROJECT: Neyland Library – Replace Decking PROJECT # 25-862428

Division # DESCRIPTION QTY UNIT PRICE TOTAL 02 Demo & dispose of existing decking 1 LUMP SUM

06 Install new composite decking 1 LUMP SUM n/a City Permit(s) 1 LUMP SUM n/a Windstorm Engineering Certification 1 LUMP SUM

TOTAL

COMPANY NAME:

NAME OF PERSON AUTHORIZED TO SIGN:

ADDRESS: CITY / STATE/ZIP:

PHONE: EMAIL:

FAX: DATE:

SIGNATURE: TITLE:

SUBCONTRACTOR INFORMATION:

THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY

INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE

THIS PROJECT UNTIL A LATER DATE.

ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS

I. CONTRACTOR’S LIABILITY INSURANCE

A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained.

B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of

Certificates of Insurance (COI) 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 and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies.

Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI.

TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE

Commercial General Liability Including:

1. Commercial Broad Form

2. Premises – Operations

3. Products/ Completed Operations

4. Contractual Liability

5. Independent Contractors

6. Personal Injury- Advertising Injury

$1,000,000 Per Occurrence

AUTO LIABILITY (including)

1. Owned

2. Hired and Non-Owned

3. Rented/Leased

$500,000 Combined Single Limit

WORKERS’ COMPENSATION

EMPLOYER’S LIABILITY

Statutory

$500,000 /$500,000 /$500,000

C. In the event of accidents of any kind related to this agreement, 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 an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met.

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 a copy of the replacement certificate of insurance to

City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium.

E. Within 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement.

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 agreement.

I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement.

BOND REQUIREMENTS:

There are no bonds for this service agreement.

2026 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 01/01/2026 Risk Management – Legal Dept.

ATTACHMENT D: WARRANTY REQUIREMENTS

Warranty

Labor/Workmanship 1 year

Parts/Materials/Equipment 1 year

A. Covered warranty on new installation shall be one year or better for all labor and workmanship.

B. Covered warranty on new installation shall be one year or better for all new parts, materials, and/or equipment.

C. Warranty on all repairs shall be one year or better for all labor and materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment.

D. The Contractor shall provide manufacture warranty documents at the time of final completion.

Service Agreement Standard Form Page 1 of 8 Approved as to Form: Feb. 20, 2026

SERVICE AGREEMENT NO. 123

Title of Service

THIS Title of Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Company or Person (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”).

WHEREAS, Contractor has bid to provide Title of Service in response to Request for Bid/Proposal No. 123 (“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 shall provide Title of Service (“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.

(A) The term of this Agreement is ### months/years beginning on the date executed by the City. The parties may mutually agree to renew the term of this Agreement for up to ### additional ###-months/years periods (each an “Option Term”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Term.

(B) At the end of the term of this Agreement or the final Option Term, the Agreement may, at the request of the City and prior to expiration of the term or final Option Term, continue on a month-to-month basis for up to six individual months with compensation at the appropriate pro rata amount, based on the amount listed in Attachment B, for a month-to-month term. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the term or final Option Term. During any month-to-month term, either party may terminate the Agreement upon 30 days’ advance written notice to the other party.

3. Compensation and Payment. This Agreement is for an amount up to $00.00, subject to approved amendments and changes. Payment will be made for Services performed and accepted by the City within 30 days of the invoice date, subject to receipt of an acceptable invoice. All pricing must be in accordance

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ATTACHMENT E: SAMPLE SERVICE AGREEMENT

Service Agreement Standard Form Page 2 of 8 with the attached Quote/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.

Invoices must be mailed to the following address, with a copy provided to the Contract Administrator:

Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 78469-9277

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 payment. The City’s Contract Administrator for this Agreement is as follows:

Name Department Phone Email

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 that 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 stated on 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 their entireties.

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

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Service Agreement Standard Form Page 3 of 8 manner: any City department or division may send to Contractor a purchase release order signed by an authorized employee 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. City may inspect all Services and products supplied before acceptance. Any Services or products 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.

(A) The Contractor warrants that all products supplied under this Agreement are new, quality items, 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.

(C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services.

9. Quality/Quantity Adjustments. Any Service quantities indicated on the

Quote/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 Term. Substitutions and deviations from the City’s Service and/or product requirements or applicable 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 the City’s 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 a budget item will be adopted, as that determination is within the City Council's sole discretion when adopting each fiscal budget.

Service Agreement Standard Form Page 4 of 8

11. Independent Contractor. Contractor shall perform the Services and 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors.

13. Amendments. This Agreement may be amended or modified only in writing and executed by an authorized representative of each party.

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. Reserved.

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:

Attn: Name Title Address Phone Fax

IF TO CONTRACTOR:

Company Name Attn: Name, Title Address Phone:

Fax:

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

Service Agreement Standard Form Page 5 of 8

LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,

WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION

WITH THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR

RESULTS FROM THE NEGLIGENT ACT, OMISSION, 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) The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter.

(B) Alternatively, the City may terminate this Agreement for convenience upon 30 days’ advance written notice to the Contractor.

19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any goods purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such goods and prior to receipt of the final payment by the City.

20. Limitation of Liability. Each party’s maximum pecuniary liability under this Agreement is limited to the total amount of compensation shown listed in Section 3 of this Agreement. In no event shall either party be liable for incidental, consequential, or special damages.

21. 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.

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22. 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 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.

23. 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).

24. 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 if required by law.

25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such forum and venue for such disputes is the appropriate district or county court in Nueces County, Texas. In accordance with Chapter 2271, Texas Government Code, if this contract has a value of $100,000 or more paid wholly or partly from public funds and the Contractor has 10 or more full-time employees, Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2274, Texas Government Code, Contractor verifies that the Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement against a firearm entity or fire trade association. In accordance with Chapter 2276, Texas Government Code, Contractor verifies that the Contractor does not boycott energy companies and will not boycott energy companies during the term of this Agreement.

26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

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27. 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.

(Signature Page Follows)

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CONTRACTOR

Signature:

Printed Name:

Title:

Date:

CITY OF CORPUS CHRISTI

Sergio Villasana Date Director, Finance & Procurement

Reviewed by:

Contracts Manager Date

Attached and Incorporated by Reference:

Attachment A: Scope of Work Attachment B: Quote/Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements

Incorporated by Reference Only:

Exhibit 1: RFB/RFP No. 123 Exhibit 2: Contractor’s Bid/Proposal Response

ATTACHMENT F: DISCLOSURE OF INTEREST FORM

DISCLOSURE OF INTEREST

Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See next page for Filing Requirements, Certification and Definitions.

COMPANY NAME:

P. O. BOX:

STREET ADDRESS:

CITY:

STATE:

ZIP:

FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner

4. Association 5.Other ____________________________________

DISCLOSURE QUESTIONS

If additional space is necessary, please use the reverse side of this page or attach separate sheet.

1. State the names of each “employee” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.”

Name Job Title and City Department (if known)

2. State the names of each “official” of the City of Corpus Christi having an “ownership interest”

Name Title

3. State the names of each “board member” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.”

Name Board, Commission or Committee

4. State the names of each employee or officer of a “consultant” for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an “ownership interest”

Name Consultant

FILING REQUIREMENTS

If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.

[Ethics Ordinance Section 2-349 (d)]

CERTIFICATION

I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.

Certifying Person: Title:

Signature of Certifying Person: Date:

DEFINITIONS

a. “Board member.” A member of any board, commission, or committee of the city, including the board of any corporation created by the city.

b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof.

c. “Employee.” Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city.

d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.

e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas.

f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity.

“Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.

g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus

Christi for the purpose of professional consultation and recommendation.