HomeMy WebLinkAboutC2009-291 - 8/11/2009 - NATHE STATE OF TEXAS ~ Use A regiment Relatin to Construction,
Donation and Maintenance of Blucher Park
COUNTY OF NUECES ~ Im rovements
THIS USE AGREEMENT RELATING TO CONSTRUCTION, DONATION AND
MAINTENANCE OF THE BLUCHER PARK IMPROVEMENTS ~"Agreement"} is
made and entered into on this ~~ day of ,
20Q9, by and between the Corpus Christi Conventio and Visitors
Bureau CVB}, Inc., the Audubon Outdoor Club, Audubon Outdoor
Club} and the CITY OF CARPUS CHRISTI, TEXAS, a municipal
corporation ~"CITY"}.
I.
Term
This Agreement shall commence on the date first written above and
continue for one year period, and automatically renew for
additional one year periods. This Agreement may be terminated by
any party upon thirty days prior written notice prior to the
start of the annual term.
II.
Use of City Property
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CITY does hereby grant to CVB and Audubon Society during the term
of this Agreement the use of certain areas located at Blucher
Park as indicated on the CVB plans for construction and
maintenance of the Blucher Park Improvements. A description of
the Blucher Park Improvements is attached as Exhibit A.
III.
Construction of Im rovements
A. When constructing the Blucher Park Improvements, CVB shall
ensure that the plans and specifications shall be prepared
by state-licensed architects or engineers. The plans and
specifications are subject to approval of the City Director
of Engineering and Cit Director of Parks and Recreation.
B. CVB shall require the Contractors who are awarded contracts
for construction of the Blucher Park Improvements to furnish
the following bonds by surety companies authorized to do
business in Texas:
1. Payment Bond - A payment bond in the amount of One
Hundred Percent ~l~~o} of the contract shall be
furnished for the protection of all persons, firms and
corporations who may furnish materials or perform
labor. The payment bond shall be made with CITY as an
2009-291
08/11/09
CC Conven. & Visitors Bureau
obligee. This re uirement does not apply if the amount
of the construction contract is $25,000 or less.
2. Performance Sond - A performance bond in the amount of
One Hundred Percent X1000} of the Contract shall be
furnished covering the faithful performance of the
contract. The performance bond shall be made with CITY
as an Obligee. This re uirement does not apply if the
amount of the construction contract is $100,000 or
less.
C. Except as otherwise specified herein, CVB shall include in
all CVB construction agreements for the Blucher Park
Improvements, the following provision:
Contractor does hereby agree to waive all claims,
release, indemnify, defend and hold harmless CITY and
all of its officials, officers, agents and employees,
in bath their public and private capacities, from and
against any and all liability, claims, losses, damages,
suits, demands or causes of action including all
expenses of litigation and/or settlement, court costs
and attorney fees which may arise by reason of injury
to or death of any person or for loss of, damage to, or
loss of use of any property occasioned by error,
omission, or negligent act of Contractor, its officers,
agents, employees, subcontractors, invitees or any
other person, arising out of or in connection with the
performance of this agreement, and Contractor shall at
his or her own cost and expense defend and protect the
City of Corpus Christi from any and all such claims and
demands.
D. Except as otherwise specified herein, CVB shall also require
the contractors, in all CVB construction agreements for the
Blucher Park Improvements to furnish insurance in such
amounts as specified below and include in all construction
agreements for the Blucher Park Improvements the following
language:
1. Prior to commencement of any activity permitted on City
of Corpus Christi's property, provided in the Use
Agreement Relating to the Construction and Donation of
the Blucher Park Improvements entered into on 7tn
day of August 2009, between the CVB and the City of
Corpus Christi, or this contract, Contractor shall
purchase and maintain during the term of this contract,
at its own expense, hereinafter stipulated minimum
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insurance with companies duly authorized to do business
in the State of Texas. Contractor shall not allow any
subcontractor to commence work until all similar
insurance of the subcontractor has been obtained. All
insurance policies provided under this Agreement shall
be written on an "occurrence" basis.
2.
Workers' Compensation as required by law.
Employer's Liability Insurance of not less than
$100, o0D . 00 for each accident, $lOD, 000.00 disease for
each employee, $100,000.00 disease as policy limit.
Commercial General Liability Insurance, including
Inde endent Contractor's Liability, Products/Completed
operations a-~ Contractual Liability, and Broad Form
Property Damage covering, but not limited to the
indemnification provisions of this contract, fully
insuring Contractor's liability for injury to or death
of employees of the City of Corpus Christi and third
parties, extended to include personal injury liability
coverage, and for damage to property of third parties,
with a combined bodily injury and property damage
minimum limit of $1,000,000 per occurrence.
Commercial Vehicle Liability Insurance, covering owned,
hired and non-owned vehicles, with a combined single
limit for bodily injury and property damage of
$1,000,000 per occurrence.
Builder's Risk.
completed value
duration of this
The Contractor shall purchase a
all risk builder's risk policy for the
project .
It is agreed by all parties to this Agreement that the
insurance required under this Agreement shall:
a. Be written with the City of Corpus Christi and CVB
each as an additional insured on applicable
policies and that the policy phrase "other
insurance" shall not apply to the City of Corpus
Christi where the City of Corpus Christi is an
additional insured shown on the policy.
b. Provide for ten ~1D} days written notice of
cancellation to the City of Corpus Christi, for
nonpayment of premium. Thirty ~3D7days written
notice of cancellation bother than non-payment of
premium7, material change, termination or non-
renewal shall also be required.
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c. Be written through insurance companies duly
authorized to transact that class of insurance in
the State of Texas.
d. wive subrogation rights for loss or damage so
that insurers have no right to recovery or
subrogation against the City of Carpus Christi, it
being the intention that the required insurance
policies shall protect all parties to the
Agreement and be primary coverage for all losses
covered by the policies.
e. Provide a Certificate of Insurance evidencing the
required coverages to:
Sally Gavlik
Director of Parks & Recreation
City of Corpus Christi
Post office Box 9277
Corpus Christi, Texas 78469-9277
and
Donna James - Spruce
Risk Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
E. CVB agrees that all work to be performed by it or its
contractors, including all workmanship and materials, shall
be of first-class quality and shall be performed in full
compliance and in accordance with all federal, state and
local laws, ordinances, codes and regulations, including but
not limited to the Americans with Disabilities Act and the
Americans with Disabilities Act Accessibility Guidelines and
such work shall be subject to CITY inspection during the
performance thereof and after it is completed.
F. CVB shall discharge all obligations to contractors,
subcontractors, materialmen, workmen and/or other persons
for all work performed and for materials furnished for or on
account of CVB as such obligations mature. CVB expressly
agrees that it will neither give nor grant, nor purport to
give or grant any mechanic's or materialmen's lien upon the
CITY's property or upon any Blucher Park Improvements
thereupon in the process of construction or repair, nor
allow any condition to exist or situation to develop whereby
any party should be entitled, as a matter of law, to a
mechanic's or materialmen's lien against the CITY's property
or Blucher Park Improvements thereon, and CVB will
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discharge any such lien within thirty ~30~ days after notice
of f fling thereof .
G. CVB shall conduct its operations under this Agreement in an
orderly and proper manner, considering the nature of such
operation, so as not to unreasonably annoy, disturb, or
endanger others.
H. Before any work on City property begins, CVB shall present
the City Director of Parks and Recreation with evidence of
Contractor's insurance coverages, and City building and
construction permits.
I. The parties anticipate that the Blucher Park Improvements
shall be completed within months from date of this Agreement.
IV.
Cost of Blucher Park Improvements
The complete cost of developing all necessary plans and
specifications, as provided in this Agreement, and the cost of
construction of the Blucher Park Improvements by CVB shall be
borne solely by CVB and be at no expense to CITY whatsoever. CVB
shall pay all taxes, special assessments, or levies, if any,
assessed during the term against or relating to the Blucher Park
Improvements on CITY's property, including ad valorem taxes
pursuant to the Texas Property Tax Code, until such time as
ownership of such Blucher Park Improvements is transferred to the
CITY. City shall only be responsible for in kind contribution
for native wood chip mulch and a wooden pedestrian bridge valued
at approximately $23,000.
V.
Ownership of Blucher Park Improvements
Upon completion of the Blucher Park Improvements, it is CVB's
desire to donate the Blucher Park Improvements to CITY. All
alterations and Blucher Park Improvements on or in CITY's
property at the commencement of the term, or those that may be
installed or erected during the term, shall become part of CITY's
property upon completion of the Blucher Park Improvements by CVB
and acceptance by CITY Manager. Any warranties given to the CVB
regarding Blucher Park Improvements, or any part thereof, shall
be transferred and assigned to CITY at the same time as the
Blucher Park Improvements are accepted by the CITY.
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VI.
Maintenance of Blucher Park Im rovements
A. City shall perform cleaning and graffiti removal for the
Blucher Park Improvements.
B. CVB shall perform maintenance and repair to the Blucher
Park Improvements.
C. Audubon outdoor Club shall perform cleaning, maintenance
and repair of the chimney swifts habitats.
VII.
Dania a or Destruction
In the event of damage or destruction to the Blucher Park
Improvements, CITY shall have no obligation to repair or rebuild
the Blucher Park Improvements or any fixtures, equipment or other
personal property installed by CVB. However, if said damage or
destruction occurs prior to CITY's acceptance of the Blucher Park
Improvements, any insurance proceeds from any casualty loss shall
be applied to the repair or rebuilding of the Blucher Park
Improvements, which will be the extent of the CVB's obligation
for repair.
VIII.
Indemnification
CVB does hereby agree to waive all claims, release, indemnify and
hold harmless CITY and all of its officers, officials, agents,
and employees, in both their public and private capacities, from
any and all liability, claims, suits, demands, losses, damages,
attorney's fees, including all expenses of litigation or
settlement, or causes of action which may arise by reason of
injury to or death of any person ar for loss of, damage to, or
loss of use of any property, arising out of or in connection with
this Agreement occasioned by error, omission, or negligent act of
CVB, its officers, agents, employees, invitees, or other person
for whom it is legally liable, with regard to the performance of
this Agreement.
Audubon Qutdaor Club does hereby agree to waive all claims,
release, indemnify and hold harmless CITY and all of its
officers, officials, agents, and employees, in both their public
and private capacities, from any and all liability, claims,
suits, demands, losses, damages, attorney's fees, including all
expenses of litigation or settlement, or causes of action which
may arise by reason of injury to or death of any person or for
loss of, damage ta, or loss of use of any property, arising out
of or in connection with this Agreement occasioned by error,
omission, or negligent act of Audubon Society, its officers,
agents, employees, invitees, or other person for whom it is
legally liable, with regard to the performance of this Agreement.
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IX.
Si na e
CVB agrees to request prior approval from the City Director of
Parks and Recreation regarding any signage to be placed by CVB on
the Blucher Park.
Audubon outdoor Club agrees to request prior approval from the
City Director of Parks and Recreation regarding any signage to be
placed by Audubon Outdoor Club on the Blucher Park.
Signage shall comply with CITY ordinances.
X.
If any utilities are required, needed or desired by CVB, CVB
shall bear all costs, expenses and fees of extension connections
or tapping charges for water and sanitary sewer facilities on
CITY's property, in accordance with the ordinances of the CITY.
XI.
Independent Contractor
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CVB covenants and agrees that it is an independent contractor and
not an officer, agent, servant or employee of CITY. In addition,
CVB covenants and agrees that the employees and volunteers of the
CVB participating in the construction of the Blucher Park
Improvements, or participating in any other activity arising
under or related to this Agreement, are solely employees and
volunteers of the CVB and they are not employees or volunteers of
the CITY nor are they under the control, supervision, or
administration of the CITY.
XII.
Assignment
-.---
No party shall assign this Agreement without the prior written
consent of the other parties.
XIII.
Entire Agreement
~~~ mu~~ ~ ~r.rmn.~nun.
This Agreement embodies the complete agreement of the parties
hereto superseding all oral or written previous and contemporary
agreements between the parties relating to matters herein and,
except as otherwise provided herein, cannot be modified without
written agreement of the parties.
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XIV.
Notices
All notices or communications required under this Agreement or
desired to be given by the parties hereto shall be sent in
writing, and shall be deemed sufficiently given when same is hand
delivered or deposited in the United States mail, sufficient
postage prepaid, registered or certified mail, return receipt
requested, addressed to the recipient at the address set forth
below:
City of Corpus Christi
Director of Parks and Recreation
Post office Box 9277
Corpus Christi, Texas 78469-9277
Corpus Christi Area Convention and Visitors Bureau
101 North Shoreline Drive Suite 434
Corpus Christi, Texas 784x1
Audubon Outdoor Club
c/o Leah Pummell
Corpus Christi, Texas
XV.
NonwWaiver
It is further agreed that one ~1} or more instances of
forbearance by CITY in the exercise of its rights herein shall in
no way constitute a waiver thereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
Corpus C risti ea C vention and Visitors Bureau
BY:
Keith Arnold
Chief Executive Officer
Audubon Outd r Club,
BY •. y r
oZ
Leah Pummell
President
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CITY OF CORPUS CHRISTI, TEXAS
B Y ,/~ Go~~~'6"'
`Ang R. Escobar
Cit Manager
APPROVED AS TO FORM: ~l~day of , 2009
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BY ~l
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Lisa Aguilar, ~ 'ssistant City Attorney '~ ~~
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Lisa A uifar CC CVB age
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From: "Michelle D, Horine" <MHorine@visitcorpuschristitx.org~
To: <IisaA@cctexas.com>
Date: 8110/2009 2:03:06 PM
Subject: CC CVB
Lisa -
Here is the information you needed from the CVB to walk this contract up
to the City Manager.
The contract reads 30 days. The anticipated time of completion is
September 1, 2009.
The address for the Audubon Outdoor Club is: PO Box 3352, Corpus
Christi, TX 78403
Our contractor is patiently waiting with materials for the notice to
proceed from the city on the Blucher Park Project.
Thank you foryour time.
Michelle
Thank You,
Michelle Horine
Vice President
Nature Tourism & Communications
Corpus Christi Convention & Visitors Bureau
361-881-1818 0
361-446-4152 c
361-888-4998 f
101 N, Shoreline Blvd., Suite 430
Corpus Christi, TX 18401
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a » .. . .
Lisa Aguilar - CC CVB ~ ~.~~...w~
......_~ .~~. .,. , , .h. .. age
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H.. , . ,.. ~: ......K.,, ~,~n
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email: mhorine@cctexas.org
www.VisitCorpusCh ristiTx. org
P Please considerthe environment before printing this a-mail.
CC: "Richard Thompson" <RichardTh@cctexas.com>, "Keith Arnold"
<KArnold@visitcorpuschristitx.org>
Note
This agreement includes a map of the description of the Blucher Park
Improvements. Due to the size of the map, it is not being scanned but can be
found attached to the original agreement.