HomeMy WebLinkAboutC2011-079 - 3/16/2011 - NAAGREEMENT
THIS AGREEMENT (the " Agreement') is made and entered this ICS day of A Vcl
2011 (the " Effective Date ") , by and between CITY OF CORPUS CHRISTI, TEXAS (!City") and
Corpus Christi Yacht Club ( " Contractor "), a Texas nonprofit corporation organized and existing
under the laws of the State of Texas (individually "Party" and together ( "Parties ").
NOW THEREFORE, City and CONTRACTOR, intending to be and being legally bound,
do hereby agree as follows:
1. CONTRACTOR OBLIGATIONS CITY does hereby grant to CONTRACTOR during the
term of this Agreement the use of certain areas located at Corpus Christi Marina "M" Pier as
indicated on the plans for construction of the M -Pier improvements to replace the decking on
"M" Pier and replacing the 2x12 stringers that support the deck as needed, ( "Improvements "). A
description of the "M" Pier Improvements is attached as Exhibit A and incorporated herein. The
total cost of the improvements will be less than $25,000.00.
2 AGREEMENT TERM The term of this agreement begins upon execution of this
Agreement. All work shall be completed within forty -five (45) days from execution, unless
extended by written agreement of the parties.
3. CONSTRUCTION LIMITED TO REPLACEMENT OF EXISTING DECKING ONLY The
replacement decking shall conform to the existing decking in all structural aspects, and no
modifications shall be made to the plans or design of the existing decking and structural
support, however CONTRACTOR may conduct replacement as needed of the supporting deck
joist and hardware connections in support of deck planking replacement. All construction shall
be in accordance with applicable Federal, State, and local laws and regulations. The City
Marina Superintendent and other City staff shall have access to the jobsite at all times to
monitor the work and assure that only authorized changes are being made.
4. OWNERSHIP OF "M" PIER IMPROVEMENTS Upon completion of the "M" Pier
Improvements, it is CONTRACTOR's desire to donate the "M" Pier Improvements to CITY. All
alterations and "M" Pier 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 "M" Pier Improvements by CONTRACTOR and acceptance by
CITY Manager. Any warranties given to the CONTRACTOR regarding "M" Pier Improvements,
or any part thereof, shall be transferred and assigned to CITY at the same time as the "M" Pier
Improvements are accepted by the CITY. Except for any warranty provided by
CONTRACTOR'S subcontractor, CONTRACTOR makes no warranty whatsoever concerning
the Improvements, and such Improvements are being provided on an AS -IS basis to the CITY
upon completion.
5. INSURANCE REOUIREMENTS CONTRACTOR shall provide evidence of insurance as
attached as an exhibit to this Agreement, which names City as additional insured.
6. INDEMNIFICATION CONTRACTOR. 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 to, or loss
of use of any property, arising out of or in connection with this Agreement occasioned by error,
�-� .��•�r ^� . ° ^�; ^o.,+ + o f CONTRACTOR, its officers, agents, contractors, subcontractors,
2011 -079
03/16/11
Corpus Christi Yacht Club
INDEXED
employees, invitees, or other person for whom it is legally liable, with regard to the performance
of this Agreement.
7. 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.
8. 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 Contractor:
.Corpus Christi Yacht Club
Attn: Commodore
98 Coopers Alley
Corpus Christi, Texas 78401
Fax number: (361) 883 -3121
If to City:
City of Corpus Christi
Attn: Marina Superintendent
1201 Leopard Street
Corpus Christi, Texas 78401
fax No.
9. MARINA SLIP RENTS The CONTRACTOR agrees to be responsible for payment of slip
rent charges in accordance with rates authorized by City Council action related to use of "M"
Pier. The existing amortization of prior improvements made by CONTRACTOR a-Rd--tom
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eharm shall remain unchanged.
10. 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 CITY and CONTRACTOR.
EXECUTED as of the Effective Date set forth above.
Corpus Chri ti cht Club
B y
Name:
Title: r7r�c) -e—,
City of Corpus Christi
B 1 d
Name:
Title: l�e'!l��in -, � C'
Approved as to form: March 1 2011
B `G'.., -r
Lisa Aguilar, Asst Ci y Attorney
For the City Attor
March 7, 2011
Ms. Margie Rose
Interim City Manager
City of Corpus Christi, Texas
1201 Leopard Street
Corpus Christi, Texas 78401
Re: Replacement of Decking on M -Pier
Dear Margie,
HAND DELIVERED
The condition of M -Pier near the Seawall and the Corpus Christi Yacht Club has
continued to deteriorate. Although the pilings were replaced several years ago, the deck boards
are from the original construction. The boards are warped, loose and splintering.
In May we will be hosting the World Championship Regatta for Melges 24 sailboats.
Shortly thereafter, our summer sailing program will begin that will involve our summer campers,
Sea Scouts, Boy Scouts from around Texas, and other youth in our City who will participate in
the learn -to -sail program sponsored by our Club that is open to the community. M -Pier will be a
primary location for all of these activities.
The Yacht Club has obtained a bid from Padre Island Maintenance, Inc. to replace the
decking on M -Pier and make it ready for these key events. The project additionally includes
replacing the 2x 12 stringers that support the deck. The cost will be $18,735.00 plus sales tax,
and the Club has raised sufficient funds to cover it. The work can be completed in six weeks
just in time for the Melges 24 World Championship Regatta if we are able to get started
promptly.
The Yacht Club will pay 100% of the construction costs. By this letter, we agree to
indemnify and hold the City harmless from any and all costs, charges or expenses in connection
with the project. No additional amount will be added to the agreement reached two years ago in
which the Yacht Club paid the funds necessary to remove the old pilings from the M -Pier
extension. The existing amortization of those funds advanced through the slip rentals that would
otherwise be paid by the Yacht Club will remain unchanged.
While these improvements will benefit the Club, they also will assist us in putting on the
Melges 24 World Championship Regatta and the various summer programs that will benefit our
community as a whole. So that we may proceed expeditiously in completing this work, please
confirm your permission for us to move forward with this project by your signature below.
Thank you for your cooperation, and if you have any questions please do not hesitate to
contact me. A faxed or emailed copy of this letter with your approval will be sufficient for us to
proceed.
Very truly yours,
{ J D. Bell
ommodore
APPROVED:
CITY OF CORPUS CHRISTI, TEXAS
Margie Rose
Interim City Manager
Copies to: Carlos Valdez
Peter Davidson
ATTACHMENT
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required
herein has been obtained and approved by the City's Risk Manager or designee.
Contractor must not allow any subcontractor Provider to commence work until all similar
insurance required of the subcontractor Provider has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of
Insurance, showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be named as an additional
insured for the General Liability policy, and a blanket waiver of subrogation is required on
all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non - renewal,
Bodily Injury and Property Damage
material change or termination required on all
Per occurrence 1 aggregate
certificates and policies
Commercial General Liability including:
$500,000 COMBINED SINGLE LIMIT
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
AUTOMOBILE LIABILITY --OWNED, NON -OWNED or
$500,000 COMBINED SINGLE LIMIT
RENTED
Property Insurance
Contractor is responsible for their own insurable
interests in their property and equipment
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION
COMPENSATION ACT AND SECTION 11 OF THIS
EXHIBIT
EMPLOYERS' LIABILITY
$500,0001$500,0001$500,000
C. In the event of accidents of any kind, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
• 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.
E. Within five (5) calendar days of a suspension, cancellation, or non- renewal of
coverage, Successful Bidder 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.
F. 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
stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. 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.
H. 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 contract.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2011 M Pier decking replacement — Yacht Club ins req.
3 -11 -11 ep Risk Mgmt.
A. Contractor must obtain workers' compensation coverage through a licensed
insurance company in accordance with Texas law. The contract for coverage
must be written on a policy and endorsements approved by the Texas
Department of Insurance. The coverage provided must be in amounts sufficient
to assure that all workers' compensation obligations incurred will be promptly
met. -
B. Contractor's financial integrity is of interest to the City; therefore, subject to
Contractors right to maintain reasonable deductibles in such amounts as are
approved by the City, 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).
C. The City shall be entitled, upon request and without expense, to receive copies of
the policies, declarations page and all endorsements thereto as they apply to the
limits required by the City, and may require the deletion, revision, or modification
of particular policy terms,. conditions, limitations or exclusions (except where
policy provisions are established by law or regulation binding upon either of the
parties hereto or the underwriter of any such policies). Contractor shall be
required to comply with any such requests and shall 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 Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. 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:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations
and activities of, or on behalf of, the named insured performed under contract
with the City, with the exception of the workers' compensation and professional
liability polices;
• 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;