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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 - • 3..... ..F A�Aff R:.... ..- 1--. - - - -I_ -i — nn if M! — c_._ ice_ 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;