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HomeMy WebLinkAboutC2026-010 - 2/10/2026 - Approved • SERVICE AGREEMENT NO. 6802 s� Hans Suter Park Asphalt Trail THIS Hans Suter Park Asphalt Trail Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and April L. Trejo dba Alice Lawn Care ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Hans Suter Park Asphalt Trail in response to Request for Bid/Proposal No. 6802 ("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 Hans Suter Park Asphalt Trail ("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 six month beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually renew the term of this Agreement for up to zero additional zero-month periods ("Option Periods)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the term or final Option Period, continue on a month-to-month basis for up to six months with compensation at the appropriate pro rata amount, based on the amount listed in Attachment B, for the 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 Period. During the 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 not to exceed $148,780.80, 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, and subject to receipt Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form Sept. 2025 of Affidavit from Contractor that all subcontractors and suppliers have been paid in full by Contractor. Said Affidavit shall be in form as shown in Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Invoices must be mailed to the following address, with a copy provided to the Contract Administrator: City of Corpus Christi 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: Liza Nino-Elizalde Parks & Recreation Department 361-826-3026 lizan@corpuschristitx.gov 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. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form Sept. 2025 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized 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 Period. Substitutions and deviations from the City's Service and/or product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form Sept. 2025 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as the determination is within the City Council's sole discretion when adopting each budget. 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: City of Corpus Christi Attn: Liza Nino-Elizalde, Contracts/Funds Administrator Parks & Recreation Department 400 Mann St., Suite 200, Corpus Christi, TX 78401 Phone: 361-826-3026 Fax: N/A IF TO CONTRACTOR: April L. Trejo dba Alice Lawn Care Attn: April L. Trejo Owner 283 County Rd 233, Orange Grove, TX 78372 Phone: 361-227-1660 Fax: N/A 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, Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form Sept. 2025 LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH 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 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 Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form Sept. 2025 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. 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 $1 ,000,000 by the City. The requirements of Subchapter J, Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form Sept. 2025 Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (Signature Page Follows) Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form Sept. 2025 APRIL L. TREJO DBA ALICE LAWN CARE Signature: April Tejo(Feb 2,M609:53:41CST) Printed Name: April Trejo Title: Owner Date: 02/02/2026 M2026-010 Authorized by Council 911 n1gn96 CITY OF CORPUS CHRISTI ��s$ 02/16/2026 Sergio Villas (Feb 16,2026 00'4436 CST)) Sergio Villasana Date Director- Finance & Procurement Reviewed by: C4;; iftry swti 02/11/2026 Cla�Ith(Feb 11,2026 12:07:36 CST) Purchasing Manager Date APPROVED AS TO LEGAL FORM: Lisa Ajaoikir 02/11/2026 Lisa Aguilar(Feb 1 026 13:07:34 CST) Assistant City Attorney Date ATTEST: Rebecca fAwev�a e cca uerta(e Attached and Incorporated by Reference: ebecca Huer a Attachment A: Scope of Work City Secretary Attachment B: Quote/Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Affidavit of Contractor Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 6802 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form Sept. 2025 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide services for a new asphalt trail at Hans & Pat Suter Wildlife Refuge to enhance pedestrian and bicycle connectivity. The trail will provide a safe, durable, and accessible pathway for recreational use as described in Exhibit 1 . 1.2 Scope of Work A. Site Preparation a. Clearing and grubbing of vegetation and debris along the proposed trail alignment and dispose of properly. b. Removal of existing pavement, structures, or obstructions as necessary, all excess materials will be disposed of properly. c. Grading and excavation to achieve required subgrade elevations and drainage. B. Subgrade and Base Preparation a. Compaction of subgrade to specified density. b. Installation of geotextile fabric (if required). c. Placement and compaction of aggregate base course to specified thickness of minimum 4" crushed concrete or equivalent. C. Asphalt Paving a. Apply MC 30 Primer oil to the base. b. Placement of asphalt (1-1/2 hot mix type D). c. Compaction of asphalt using a double drum vibratory roller to achieve smooth, even surface. D. Trail Dimensions a. Priority 1 trail in red, pictured in Exhibit 1 Length 1 ,800' x 8' - 14,400 sq. ft. b. Priority 2 trail in yellow, pictured in Exhibit 1 Length 1 ,080' x8' - 8,8640 sq. ft. c. Priority 3 trail in orange, pictured in Exhibit 1 Length 900' x 8' - 7,200 sq. ft. E. Final Cleanup and Inspection a. Removal of construction debris and equipment. b. Final inspection and punch list completion. Page 1 of 3 1.3 Contractor Quality Control and Superintendence The Contractor shall ensure that the product and services meet quality standards and are acceptable to the City's Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. 1.4 Work Site and Conditions Location: Hans & Pat Suter Wildlife Refuge - 6001 Ennis Joslin Road, Corpus Christi, TX 78412 (see Exhibit 1 ) Page 2 of 3 Ei c - - Est � a" '•� •`� �1. � + _ if'k. ' •*� '=ram "tfi#' ar.�„� 'rim j Saa �r r Page of 3 ATTACHMENT B: BID/PRICING SCHEDULE r ' CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT f BID FORM { r : 1 RFB No. 6802 Hans Suter Park Asphalt Trail PAGE 1 OF 1 Date: November 11, 2025 April L Trejo dba Alice Lawn Care Authorized Bidder: Signature: A*S 4 I \ F----------------- 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Unit Q Total Price 1 Priority Area 1 LS 1 $70,848.00 2 Priority Area 2 LS 1 $42,508.80 3 Priority Area 3 LS 1 $35,424.00 Grand Total $148,780.80 i i Page 1 of 1 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. 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 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1 ,000,000 Per Occurrence Including: 1 . Sudden and Accidental 2. Cleanup and Remediation Page 1 of 3 3. 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. B. ADDITIONAL REQUIREMENTS 1 . 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. 2. 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. 3. 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 4. 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; Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. 6. 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. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. There are no bond requirements. 2025 Insurance Requirements Exhibit 4-C Contracts for General Services - Services Performed Onsite - Pollution O1/01/2025 Risk Management- Legal Dept. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS 1 year workmanship and 1 year material warranty Page 1 of 1 ATTACHMENT E AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR SERVICE AGREEMENT NO. 6802 Hans Suter Park Asphalt Trail STATE OF TEXAS COUNTY OF Personally appeared before me, the undersigned authority in and for said State and County, April L. Treio dba Alice Lawn Care which firm is hereinafter called "Contractor", who being duly sworn states on oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, state or federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christi on the Hans Suter Park Asphalt Trail under Service Agreement No. 6802. 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above. The above statements are made by Alice L.Trejo dba Alice Lawn Care individually and on behalf of the Contractor. Signed bv: Alice Lawn Care Sworn to and subscribed before me on 12026. Notary Public State of Texas Commission Expires Page 1 of 1