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C2020-250 - 7/21/2020 - Approved
DocuSign Envelope ID: 7D72E31D-788F-447C-A424-FE8ODDF879D2 Renewal City of Corpus Christi Contracts and Procurement Department Date: June 22, 2020 Agreement No.: N/A Reference: Construction Contract Facilities Multiple Award Contract (FMAC) Master Agreement Project No.19002A (Orig.) Agreement Current Not to Exceed Value: $2,500,000 Renewal No. 01 Whereas, the City of Corpus Christi and Davila Construction, Inc. entered into a Construction Contract for Facilities Multiple Award Contract (FMAC) Master Agreement — Project No. 19002A (the "Agreement") on March 29, 2019 in the amount of $2,500,000. The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Davila Construction, Inc., hereinafter referred to as the Contractor, do hereby renew the Agreement, effective as of March 25, 2020. This document exercises the remainder of the one optional one-year extension of the contract term as referenced in the Contract Agreement, Article II as follows: 1. Initial Agreement Term Effective: 03/26/2019 - 03/25/2020 2. Partial Renewal of the option one Renewal Term Effective: 03/27/2020 — 06/27/2020 3. Remainder of option one Renewal Term Effective: 06/28/2020 — 03/25/2021 Compensation in an additional amount not to exceed $2,500,000.00, for a total revised contract value not to exceed $5,000,000.00, which will be paid based on approved Task Orders during the renewal term as referenced in the Agreement. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement. DocuSign Envelope ID: 7D72E31D-788F-447C-A424-FE8ODDF879D2 p-DocuSigned by: tivui Vogt& —To4H3E9€497.. la. nyavl President/ Owner Davila Construction Inc. DocuSigned by: r 18C871DFPA6C468... Michael Rodriguez 6/22/2020 7/22/2020 Chief of Staff City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: DocuSigned by: 644 1441144 6/24/2020 aFQ9QSFrrnEaMaj Assistant City Attorney Attest p- DocuSigned by: gitiez4 H ':5/H//b2UUJ194/U.-- 7/29/2020 Rebecca Huerta City Secretary M2020-122 Authorized By Council 07/21/2020 DS J� let St Page 2of2 DocuSign Envelope ID: 7D72E31D-788F-447C-A424-FE8ODDF879D2 DAVICON-01 SMUNIZ i ACORN Cc CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DD/YYYY) 2/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Trimble -Bator Insurance Associates LLP 120 Austin Hwy.aCNNo, Ste.103 San Antonio, TX 78209 NAMEACT Susan MufiZ FAX Ext): (210) 253-2415 1No): A thss: susan@trimble-batjer.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A:Allied World Insurance Company INSURER a : Depositors Insurance Company 22730 42587 tNSUREO Davila Construction, Inc. 520 Bonham San Antonio, TX 78205 INSURER C : Liberty Surplus Insurance Corporation 10725 INSURER D :Texas Mutual Insurance Company 22945 INSURER E : S 1,000,000 INSURER F : S 100,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DONYYYI POLICY EXP (MM/porrYYYI LIMITS A X COMMERCIAL GENERAL UABIUTY 60040087 10/20/2019 10/20/2020 EACH OCCURRENCE S 1,000,000 ETO aRENTED PREMISES (Errrence) S 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER. X LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X _ X UABIUTY ANY AUTO OWNED AUTOSRE�ONLY AUTOS ONLY X SCHEDULED AUTOSppp AUUTOS ONLY BAPD3028438506 10/20/2019 10/20/2020 COMBINED SINGLE LIMIT (Ea.acciden) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) DAMAGE S $ C X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE 100027560003 10/20/2019 10/20/2020 EACH OCCURRENCE $ 8,000,000 AGGREGATE S 8,000,000 DED X RETENTIONS 0 Aggregate 8,000,000 D ANO MPLOYERS' LIABILITY ANY PROPR(ETOR7PARTNER/EXECUTIVE OFFICER/MMEEREXCLUDED/ (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below YINPENSATION N N/A 0001102078 11/5/2019 11/5/2020 X STATUTE 1 ERH E.L. EACH ACCIDENT S 1,000,000 1,000,000 E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) See 2nd page for special provisions RE: FMAC Master Agreement— Renewal No.1 (FORMS ATTACHED) CERTIFICATE HOLDER CANCELLATION City of Corpus Christi -Engineering Services Construction Contracts Addministrator 1201 Leopard St. Corpus Christi, TX 78401 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPTION DATE ACCORDANCE WITH THE POLICY P OVIS O SCE WILL BE DELIVERED IN AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7D72E31D-788F-447C-A424-FE8ODDF879D2 ACQRD AGENCY CUSTOMER ID: DAVICON-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE SMUNIZ Page 1 of 1 AGENCY Trimble-Batjer Insurance Associates LLP POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE ;SEE P 1 NAMED INSURED Davila Construction, Inc. 520 Bonham San Antonio, TX 78205 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE' Certificate of Liability Insurance Special Provisions GL includes blanket 30 day notice of cancellation/material change endorsement (except nonpay110), GL and Auto includes blanket additional insured with general liability including products/completed operations and primary and non-contributory coverage and blanket waiver of subrogation endorsement all in favor of any person or organization as required by signed, written contact. WE HAVE ISSUED AN INDUSTRY STANDARD ACORD CERTIFICATE OF INSURANCE FOR OUR CUSTOMER. A LAW PASSED BY THE TEXAS LEGISLATURE EFFECTIVE JANUARY 1, 2012 (SENATE BILL 425) PROHIBITS US FROM ADDING SPECIAL WORDING TO THE CERTIFICATE THAT WOULD (1)ALTER, AMEND OR EXTEND COVERAGE OR TERMS AND CONDITIONS PROVIDED BY THE INSURANCE POLICY; AND (2)PROVIDE FALSE OR MISLEADING INFORMATION CONCERNING THE INSURANCE POLICY; OR (3) REFER TO A LEGAL OR INSURANCE REQUIREMENT CONTAINED IN A CONTRACT. ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7D72E31D-788F-447C-A424-FE8ODDF879D2 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION `"..."CITY OF CORPUS CHRISTI C. of C.orpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, 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 reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Davila Construction, Inc. P. O. BOX: N/A STREET ADDRESS: 2205 N. Jackson Rd. FIRM IS: 1. Corporation 4. Association CITY/ STATE 2. Partnership e 5. Other McAllen, Texas ZIP: 78501- 3. Sole Owner El 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) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 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 N/A 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" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A DocuSign Envelope ID: 7D72E31D-788F-447C-A424-FE8ODDF879D2 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 fired 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: Tony Davila (Type or Print) Signature of Certifying Person: /(:; DEFINITIONS Title: Owner Date: 02-12-2020 a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. 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 of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. 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.