HomeMy WebLinkAboutC2010-426 - 10/12/2010 - NATHE STATE OF TEXAS § Use Agreement Relating to Construction,
Donation and Maintenance of Hans Suter
COUNTY OF NUECES § Park Im rovements
THIS USE AGREEMENT RELATING TO CONSTRUCTION, DONATION AND
MAINTENANCE OF `I'HE HANS SUTER PARK IMPROVEMENTS ("Agreement") is
made and entered into on this i2~~ day of D~TOt3~l~ ,
2010, by and between the Corpus Christi Convention and Visitors
Bureau (CVB}and the CITY OF CORPUS 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
CITY does hereby grant to CVB during the term of this Agreement
the use of certain areas located at Hans Suter Park as indicated
on the CVB plans far construction and maintenance of the Hans
Suter Park Improvements. A description of the Hans Suter Park
Improvements is attached as Exhibit A.
III.
Construction of Improvements
A. When constructing the Hans Suter 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 City Director of Parks and
Recreation.
B. CVB shall require the Contractors who are awarded contracts
for construction of the Hans Suter 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 (1000) of the contract shall be
furnished for the protection of ail persons, firms and
corporations who may furnish materials or perform
labor. The payment bond shall be made with CITY as an
2010-426
10/12/10
CCCVB
INDEXED
Obligee. This requirement does _not apply if the amount
of the construction contract is $25 000 or less.
2. Ferformanae Sond - A performance bond in the amount of
One Hundred Percent (100°x} 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 requirement does not apply if the
amount of the construction contract is $x.00 000 or
less.
C. Except as otherwise specified herein, CVB shall include in
all CVB construction agreements for the Hans Suter 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 both 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
axed 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, invite®s ar any
other person, arising out of or in connection with the
perforraanc® 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
Hans Suter Park Improvements to furnish insurance in such
amounts as specified below and include in all construction
agreements .for the Hans Suter Park Improvements the
following language:
~.. 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 Han Suter Park Improvements entered into on ~~
.day of , 2010, between the CVB and the
City of Corpus Christi, or this contract, Contractor
shall purchase and maintain. during the term of this
(2)
contract, at its awn expense, hereinafter stipulated
minimum insurance with companies duly authorized to do
business in the State of Texas. Contractor sha11 not
a11ow any subcontractor to commence work until all
similar insurance of the subcontractor has been
obtained. A11 insurance policies provided under this
Agreement shall be written on an "occurrence" basis.
Workers' Compensation as required by law,
Employer's Liability Insurance of not less than
$100,000.00 for each accident, $100,000.00 disease for
each employee, $100,000..00 disease as policy limit.
Commercial General Liability Insurance, including
___ -
Inde indent Contractor's Liabilit Products/Com feted
0 erations 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. The Contractor shall purchase a
completed value all risk builder's risk policy for the
duration of this project.
2. Tt 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 far ten (10) days written notice of
cancellation to the City of Corpus Christi, far
nonpayment of premium. Thirty (30)days written
notice of cancellation (other than non-payment of
(3)
premium), material change, termination or non
renewal sha11 also be required.
c. Be written through insurance companies duly
authorized to transact that class of insurance in
the State of Texas.
d. Waive subrogation rights for loss or damage so
that insurers have no right to recovery or
subrogation against the City of Corpus 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:
Director of Parks & Recreation
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
.And to:
Risk Manager
City of Corpus Christi
Post Office $ox 9277
Corpus Christi, Texas 78469-9277
E. CVB agrees that all work to be performed by it ar 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
fox all work performed and for materials furnished for ar on
account of CVB as such obligations mature. CVS 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 ar upon any Hans Suter Park improvements
thereupon in the process of construction or repair, nor
a11ow any condition to exist or situation to develop whereby
(4)
any party should be entitled, as a matter of law, to a
mechanic's or materialmen's lien against the CITY's property
or Hans Suter Park Improvements thereon, and CVB will
discharge any such lien within thirty (3Q} days after notice
of filing 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 Hans Suter Park Improvements
shall be completed within two (2}months from date of this
Agreement.
IV.
Cost of Hans Suter Park Im rovements
The complete COSt of developing all necessary plans and
specifications, as provided in this Agreement, and the cost of
construction of the Hans Suter 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 Hans Suter
Park Improvements on CITY's property, including ad valorem taxes
pursuant to the Texas Property Tax Code, until such time as
ownership of such Hans Suter Park Improvements is transferred to
the CITY,
V.
Ownershi of Hans Suter Paxk Im rovements
Upon completion of the Hans Suter Park Improvements, it is CVB's
desire to donate the Hans Suter Park Improvements to CITY. All
alterations and Hans Suter Park Improvements an 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 CTTY"s.
property upon completion of the Hans Suter Park Improvements by
CVB and acceptance by CITY Manager, Any warranties given to the
CVB regarding Hans Suter Park Improvements, or any part thereof,.
sha11 be transferred and assigned to CTTY at the same time as the
Hans Suter Park Improvements are accepted by the CITY.
VI.
Maintenance of Haas Suter Park Improvements
t~}
A. City shall perform cleaning and graffiti removal for the
Hans Suter Park Improvements.
B. CVB shall perform maintenance and repair to the Hans Suter
Park Improvements.
VII.
Damage or Destruction
In the event of damage or destruction to the Hans Suter Park
Improvements, CITY shall have no obligation to repair or rebuild
the Hans Suter 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
Hans Suter Park Improvements, any insurance proceeds from any
casualty loss shall be applied to the repair or rebuilding of the
Hans Suter Park Improvements, which will be-the extent of the
CVB's obligation far 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 or far 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
CVS, its officers, agents, employees, invitees, or other person
for whom it is legally liable, with regard to the performance of
this Agreement.
IX.
Signage
CVB agrees to request prior approval from the City Director of
Parks and Recreation regarding any signage to be placed by"CVB on
the Hans Suter Park.
Signage shall. comply with CITY ordinances.
X.
Utilities
If any utilities are required, needed or desired by CVB, CVB
shall bear all costs, expenses and fees of extension connections
or tapping charges far water and sanitary sewer facilities on
CITY's property; in accordance with the ordinances of the CITY.
{6)
xT.
Independent Contractor
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 Hans Suter Park
Improvements, or participating in any other activity arising
under ar 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.
7CI T .
Assignment
No party shall assign this Agreement without the prior written
consent of the other parties.
XITT.
Entire Agreement
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.
XTV.
Notices
A11 notices or communications required under this Agreement or
desired to be given by the parties hereto shall. be sent in
writing, and sha11 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
P05t Office BOX 9277
Corpus Christi, Texas 78469-9277
Corpus Christi Area Convention and Visitors Bureau
101 North Shoreline Drive Suite 430
Corpus Christi, Texas 78.401
(7?
!SY .
Non-Waiver
It is further agreed that one tl) or more instances of
forbearance by CITY in the exercise of its rights herein shall in
noway constitute a waiver thereof.
TN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
Corpus Christi Ax®3 Convention ax3-d Visitors Bureau
By: ~"
Keith Arnold, Chief Executive Officer
CITY OF CORPUS CHRIST, TEXAS
BY
`Ang Escobar, City Manager
?~o~a
APPROVED AS TO FORM :1J~day of ~.~ , E-6~9
BY
Lisa Aguila , Assistant City Attorney
~$)