Loading...
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 ~$)