HomeMy WebLinkAboutC2009-085 - 2/16/2009 - NAREIMBURSEMENT AGREEMENT
THIS AGREEMENT (the "Agreement') is made and entered this /6 /6 of 'CA ,
2009 (the "Effective Date "), by and between CITY OF CORPUS CHRISTI, TEXAS
( "CONTRACTOR ") and COASTAL BEND BAYS & ESTUARIES PROGRAM, INC.
( "CBBEP "), a non - profit corporation organized and existing under the laws of the State of Texas
(individually "Party" and together ( "Parties ").
Whereas, CONTRACTOR has agreed to:
• Purchase and install all materials associated with Attachment A.
• Provide all equipment and labor associated with the installation of materials listed in
Attachment A.
• Install a vehicle guard rail along Yorktown at Mud Bridge limiting vehicular access to
sensitive mudflats along the Oso. Keep at a minimum five spaces in the sections of guard
railing that continues to allow pedestrian access to Oso Bay.
NOW THEREFORE, CBBEP and CONTRACTOR, intending to be and being legally bound, do
hereby agree as follows:
1. CONTRACTOR OBLIGATIONS. CONTRACTOR shall be obligated to construct in a timely
manner the above mentioned vehicle guard rail system along the Oso Bay therefore helping to protect
adjacent mudflats from vehicular traffic.
2. CBBEP REIMBURSEMENT PAYMENT. Upon completion of the construction, Contractor
shall submit request for reimbursement to CBBEP. CBBEP agrees to reimburse Contractor up to
EIGHTEEN THOUSAND AND NO /100 Dollars ($18,000). Any additional expenses must be
acknowledged in writing by the CBBEP and CONTRACTOR.
3. AGREEMENT TERM. The term of this agreement begins upon execution of this Agreement, and
shall terminate 90 days from execution, unless terminated early in accordance with the terms of this
Agreement.
4. INSURANCE REOUIREMENTS. CONTRACTOR is a self insured entity.
5. GOVERNING LAW. This Agreement is declared to be a Texas contract, and all of the terms
hereof shall be construed according to the laws of the State of Texas.
6. SUSPENSION; TERMINATION.
a. For Cause. In the event of CONTRACTOR's failure to perform the services as required by the
Agreement, violation of applicable law, substantial or material default, or other cause, CBBEP
may suspend the services or terminate this Agreement for cause.
b. Force Majeure. In the event of delay or failure of performance caused by force majeure, CBBEP
may terminate this Agreement in whole or part upon thirty (30) days written notice.
c. For Convenience. CBBEP may terminate this Agreement for convenience and without cause upon
thirty (30) days notice.
d. Payment Adjustment. If the CBBEP terminates for convenience or because of force majeure,
CONTRACTOR shall be paid only for goods and services provided and necessary expenses
incurred nrior to termination.
2009 -085
02/16/09
CB Bays & Estuaries Prgm.
1
7. NOTICES. All notices, demands, requests and other communications required or permitted to be
given or made upon either Party shall be in writing, shall be deemed to be given for purposes of this
Agreement on the date such writing is received by the intended recipient thereof, and shall be delivered
personally, by registered or certified mail (postage prepaid), reliable overnight delivery service (fees
prepaid), facsimile, or other electronic means, acceptable to the Party receiving same, addressed to the
Party to whom such notice is directed:
If to CBBEP:
Coastal Bend Bays & Estuaries Program
Attn: Jake Herring
1305 North Shoreline Boulevard, Suite 205
Corpus Christi, TX 78401
Telephone: (361) 885 -6209 Facsimile: (361) 883 -7801
E -Mail: jherring @cbbep.org
If to CONTRACTOR:
City of Corpus Christi
Attn: Sally Gavlik, Director of Parks & Recreation
1201 Leopard Street
Corpus Christi, Texas 78401
Telephone: (361) 826 -3464 Facsimile: (361) 826 -3864
Email: sallyg @cctexas.com
8. ENTIRE AGREEMENT. This Agreement and attachments constitutes the entire agreement
between the parties hereto and no further modification of the Agreement shall be binding unless
evidenced by an agreement in writing signed by CBBEP and CONTRACTOR.
EXECUTED as of the Effective Date set forth above.
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Approved as to tom
/Ant-
Aguilar
,ssistant City Attomey
For City Attomey
Coastal Bend Bays & Estuaries Program, Inc.,
a non - prot c tion under the la�wss of the State of
fi Texas
By:
Name:
Title:
Ray Allen
Executive Director
CONTRACTOR'
By:
Name:
Title:
4yfraSi -
ARMANDO CHAPA
CRY SECRETARY -
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Attachment A
Oso Proposed Guard Rail
Material
Cost Unit Qut Total
Armstrong Lumber 882 -6513
Dome Tops
$ 19.50 EA 120 $ 2,340.00
4 "X 4 "X12'
$ 9.20 EA 15 $ 138.00
CC Bolt and Screw 888 -4228 (All Hardware Hot Dipped Galvanized)
5/8" X 12" Carriage Bolts
$ 2.05 EA 150 $ 307.50
5/8" X 2 1/2" Carriage Bolts
$ 0.70 EA 300 $ 210.00
5/8" Flat Washers
$ 0.15 EA 450 $ 67.50
5/8" Lock Washers
$ 0.12 EA 450 $ 54.00
5/8" Nuts
$ 0.18 EA 450
Structural & Steel Products, Inc. 817- 332 -7417
Guardrail
$ 3,579.00 Bid 1
Equipment
Skid Steer w/ Auger attachment
$ 540.00 Week 2
Estimated labor (6 people X 10 days)
$ 20.00 Hours 480
$ 81.00
$ 3,579.00
$ 1,080.00
$ 9,600.00
$ 17,457.00