HomeMy WebLinkAboutC2012-044 - 2/28/2012 - ApprovedLICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This License Agreement ( "Agreement ") is made this day of 04W , 2012,
between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation,
acting through its duly authorized City Manager, Ronald L. Olson, under Article IX,
Section 1, Corpus Christi City Charter, and Coastal Bend Bays and Estuaries Program,
Inc. ( "Permittee "), acting through Ray Allen, Executive Director, its duly authorized
officer.
1. The City is the owner of the following described real property ( "Property "):
A metes and bounds description of the Property and site map are attached
to and incorporated into this agreement as Exhibits A and B.
2. The Permittee desires to use the Property for construction, operation, and
maintenance of a water control structure in order to prevent backflow into the Nueces
River.
3. In consideration of the Permittee's construction, operation, and maintenance of a
water control structure in order to prevent backflow into the Nueces River, through a
grant from the Texas General Land Office — Coastal Management Program, and
Permittee's covenants expressed in this Agreement, the City grants Permittee, under
the conditions stated in paragraph 4 of this Agreement, the use of the Property,
described in Exhibits A and B, for the purposes stated in paragraph 2 of this Agreement,
starting on January 1, 2012 and terminating on December 31, 2031.
4. Permittee's use of the property is subject to the following conditions:
A. This Agreement may be revoked at any time by the City of Corpus Christi's
City Manager, or the City Manager's designee ( "City Manager "), giving the
Permittee in writing 3 days notice of the revocation of this agreement.
B. Permittee may not assign this Agreement without the City Manager's prior
written consent.
C. Permittee must submit a detailed plans for and a description of its proposed
operation and maintenance of the water control structure to the City.
D. INDEMNIFICATION.
(1) TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE, ITS
OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND
LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES
OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND
2012 -044
M2012-046,
02/28/12
Coastal Bend Bays and Estuaries INDEXED
HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
EMPLOYEES, AGENTS, LICENSEES, AND INVITEES
( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER
ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT
LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND
DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND
WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER
CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN
ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY
UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR
DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE
OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS
OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND
ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO
INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL
OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF
SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS.
(2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS
AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS
AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES
ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT
MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR
CAUSES, INCLUDING PRE - EXISTING CONDITIONS. THE INDEMNITY
CONTAINED IN THIS SUBPARAGRAPH D APPLIES, WITHOUT
LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE
ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS
AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL
MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR
CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF
THIS AGREEMENT, INCLUDING ANY EXTENSIONS (INCLUDING
WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR
RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR
SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO
THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT,
OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A
VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR
REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE.
THE TERMS "HAZARDOUS SUBSTANCE" AND "RELEASE" SHALL
HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE
ENVIONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
OF 1980 ("CERCLA "), AS AMENDED, AND THE TERMS "SOLID
WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED
IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
( "RCRA "), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA
Rincon Delta CBBEP License 2012.docx
OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY
TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL
APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH
AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT
THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR
"HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR
"DISPOSAL" WHICH IS BROADER THAN THAT SPECIFIED IN EITHER
CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY.
(3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY
SUBSTANCES THAT RESULT FROM THE COMBUSTION OF
SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE
SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS
ADJACENT TO THE PROPERTY, FALL INTO OR OTHER ENTER ANY
OF THE CITY'S WASTEWATER TREATMENT WORKS AND
INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE
EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET
THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S
CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY OR TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION, THE PERMITTEE SHALL FULLY
INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS
CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL
CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT
RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT
MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION
DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL
COSTS INVOLVED WITH BRINGING THE BROADWAY WASTEWATER
TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS.
E. Permittee must acquire and maintain commercial general liability insurance
pertaining to the use of the Property and the any activities related to the use of
the property authorized by this Agreement, in the minimum amounts of insurance
shown in Exhibit C, which is the attached to and incorporated into this
Agreement. The insurance policies must show the City as a named additional
insured. Upon City Manager's written request, Permittee shall provide copies of
all insurance policies to the City's Risk Manager. Unless the City's Risk Manager
is given 30 days advance written notice, the policies shall be renewed (or
replaced with comparable replacement policies) and may not be canceled or
materially changed.
F. Permittee's use of the Property may not interfere with the City's water supply
operations, including required releases of fresh water into Nueces Bay and the
Nueces River Estuary. Any construction or equipment installed by Permittee
must be removed by the Permittee and the Property restored to its original
condition, if requested by the City, before this Agreement expires.
Rincon Delta CBBEP License 2012.docx
G. If City needs access to the Property, Permittee must pay for removing or
relocating any improvements or equipment, to allow access to the Plant or any
utility lines for repair, replacement, or maintenance of the utility lines.
H. Permittee may not close or barricade a public street, or any portion of the
public street until the Permittee or his contractor has filed an approved traffic
control plan with City's Traffic Engineering Office,
I. Permittee must pay to maintain or repair the Property being used at all times,
regardless of the type of damage that may occur, within 24 hours of notice of
damage to Permittee. Failure to do so terminates this Agreement immediately.
J. Permittee must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
K. Before digging or doing any excavation on the Property, Permittee must verify
depth and location of existing Water, Wastewater, Gas, C.P.& L., and S.W.B.T.
lines, as well as ASCI, KMC, CSW, CAPROCK, and Metro Access Networks
(MAN), communication fiber optic cables. Prior to the start of any excavation, the
Permittee or Permittee's Agent must call the Texas One Call System (1- 800 -245-
4545), 1- 800 - DIG -TESS and Lone Star Notification Center (1 -800- 669 -8344) for
locations of existing utilities. A City Inspector may request a utility line be
uncovered to verify its depth or location.
L. Permittee may not begin work without 24 hours prior notice to the C.P.& L,
S.W.B.T., Water, Gas, and Wastewater Divisions along with the ESPIRE, KMC,
CSW, and CAPROCK, communication fiber optic companies.
N. Permittee must properly tamp backfill around existing utilities in accordance
with the City of Corpus Christi Standard Specifications, including City Water
Distribution System Standards.
O. If damage occurs to any gas, storm, water or wastewater line, as determined
by the City's representative, a City Gas, Water, or Wastewater Division crew will
be brought in and allowed immediately to make all repairs. All City's costs (labor
and materials) associated with the repairs must be paid by the Permittee within
30 days of City Manager's invoice thereof. City's representatives will determine
the extent of damage and amount of repairs to the utility line(s).
P. Work around any existing water main must be done under the inspection of a
Water Division Inspector at a daily rate of $286.80 for each day spent inspecting
construction, maintenance, repair, replacement or relocation of any
improvements made to the Property under this Agreement. A half -day (4 hours)
or more of work constitutes a whole working day for purpose of calculation. Any
time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be
calculated at a daily rate of $53.77 an hour. Permittee must pay these funds to
the City of Corpus Christi, Water Department. These amounts will be adjusted
annually on August 1 to reflect any pay increase.
Rincon Delta CBBEP License 2012.docx
Q. Permittee must take every precaution not to disturb the soil surrounding any
existing water or wastewater line, including all thrust blocks.
R. Damage to driveways, culverts, head walls and any other structure, public or
private, must be repaired by the Permittee at his expense within 30 days after
being notified of damage to same.
S. The Contractor must provide proper safety and security devices to prevent
possible injuries or accidents. No open trenches or pits may be left overnight. All
trenches must be backfilled promptly, the backfill properly compacted, surface
restored, and the work done in a neat and workmanlike manner.
NOTE All references herein to Permittee include Permittee's contractor(s), agent(s),
and employee(s) if applicable.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the ?Ve"'' day of e�P , 2012.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM:
� - 6 day of vv , 2012
Lisa Aguilar, Assistant City Attorney
For City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI
D A41- n1 1 ,2,
Ronald L. Olson U
City Manager
M�DIq' AUTHURUL1
SY Ct3UMCiL
SECRETA�`
Thi i tr e w s acknowl d ed before me on ��-► 2 , 2012,
by ity aAaar of the City of Corpus Christi, a - texas municipal
corporation, on behalf of the corporation.
CAL"
Notary Public
State of Texas
Rincon Delta CBBEP License 2012.docx
�... � *
TAMERA L. RILEY
Notary PUbiiC
. R _
STATE OF TEXAS
iP ?yy�PigH'
My Comm Exp. 05 -26 -2012
kiiNNN
CAL"
Notary Public
State of Texas
Rincon Delta CBBEP License 2012.docx
Coastal Bend Bays and Estuaries Program, Inc., the Permittee agrees to keep and
perform the conditions and be bound by all of the terms imposed by the License
Agreement.
Coastal Bend Bays and Estuaries Program, Inc.
By:
Name: Ray All
Title: Executive Director
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 7` , 2012,
by Ray Allen, Executive Director, on behalf of Coastal Bend Bay and Estuaries
Program, Inc., a Texas non - profit corporation.
5FFO. ELIZABETH ANNE HULSE
; NVARYPpB� RATEOFTI
gym- = ` ommem — Nota ublic
'�,'��,�E 0'1 25 -201 3
State of Texas
Rincon Delta CBBEP License 2012.docx
I
Exhibit A
Navpon ttetaral
003 chori 0roti0n
VaL 207. Pg. 343
a. R. S. P. C. T&
24.3 6
ACRES
t�
�c +' MOTORIANO TARES &
PEDRO VILLAREAL
} g� A — 32
John S. 1Acarepa•
s 798.024 ACRES
¢ C. F. No. 415239
1 ''Q F R. P. Fi., 5. P. C., Tk.
et 1 5 Br54'1
a � _
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1 ;a 1L20 529'39'75!1!
° L 291.84' ( lcul
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PLAT SHOWING SURVEY OF A
10.73 ACRE TRACT, A 19-37 ACRE TRACT
AND A 36.64 ACRE TRACT
OUT OF THE
VICTORIANO JUAREZ AND PEDRO ViLLAREAL SURVEY. ABSTRACT 32
SAN PATRICIO COUNTY, TEXAS
SCALE 1 A = 500 FEET
L Julius L Petrus, Jr., Registered -Professional Wind Surveyor of Texas, do hereby certify
that this plot represents all actual survey made under my direction to the best of my
knowledge on abiCty, this the 6th day of February, 2003.
OF,T�
t(ing & Petrua Inc.
P. 0. Box 608 I. L PETRIJS, dR .
Sinton. Texas 782187 11207 ' (fJJ
Phone 361 -364 -2622 !o p a ?'
Fax 361 -364 -2641 9y'•ESSti•'d Registered Prof. Land Survey
C. \IQNG \15700 \15765 SUR* Texas Registration No. 1207
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188 48' '
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371.77'
340.85'
L12 Thomas E. Finch
L11 63.60 AC U
Vol. 43, Pg. 372
1.10 D. R., S. P. C., Tn I
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There may, be existing pipelines not shown on this map. Use the Texas One Call
System to locate pipelines before performing any excavation on this property.
Bearings and Coordinates were determined by a GPS Survey from the Nueoes 2
Triangulation Station. X = 2274474.89, Y = 827041.03: NA0 27 Texas South Zone.
® Denotes a Found 5 /8 iron rod.
* Denotes a point of intersection of the property boundary. There were no rods set.
o Denotes a Set. 5/$" iron rod with surveyor's cop stamped "RPLS 1907 ", unless
otherwise noted.
The FEMA Flood Mope show that the property described herein is located in Flood
Zone B and A24. Community Panel No. 485506 03490 March 18. 1984
Community Panel No. 4a5505 03650 March 18, 1984
The FE AA Floodway !daps show that the property described herein is located in a
Roadway. Community Panel No_ 485505 0345C, Community Panel No. 485506 03650
0
Exhlbit 8
STATE OF TEXAS
COUNTY OF SAN PATRICIO
16.99 Acre Tract
Field notes of a 16.99 acre tract of land, being pail a 63.60 acre tract of land
conveyed to Thomas E. Finch by deed recorded in Volume 43, Page 372 of the Deed
Records of San Patricio County, Texas,
Said 16.99 acre tract is comprised of a portion of the Victorian Tares and Pedro
Villareal Survey, Abstract 32, is situated in San Patrioio County, Texas, approximately 4
miles south of the town of Odem, and is described by metes and bounds as follows:
Beginning at a point on the north bank of the Nueres River, in the south line of an
1432,393 acre tract of land previously surveyed, at the west corner of said 63.60 acre
tract, and at an exterior corner of a 19.37 acre tract of land previously surveyed, for the
southwest corner of this tract; whence the Nuems 2 Triangulation Station (X =
2274474.89, Y = 827041.03) bears N 25° 13' 38" W, a distance of 17,5 t 5.55 feet;
Thence N 29 39' 15" E along the northwest line of said 63.60 acre tract, the
southeast line of said 19.37 acre tract, and the northwest line of this tract, a distance of
281.84 feet to a 518" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle
corner of said 63,60 acre tract, an angle corner of said 19.37 acre tract, and an angle
comer of this tract;
Thence N 73 24' 15" E along the north line of said 63.60 acre tract, the south
line of said 19.37 acre tract, and the north line of this tract, a distance of 322.22 feet to a
518" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of said
63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle corner of this tract;
Thence N 87 54' 15" E continuing along the north line of said 63.60 acre tract,
the south line of said 19.37 acre tract, and the north line of this tract, a distance of
1464.81 feet to a 518" iron rod with survcyors cap stamped "RPLS 1907" set for an angle
corner of said 63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle
corner of this tract;.
Thence S 76° 05' 55" E continuing along the na line of said 63.60 acre tract,
the south line of said 19.37 acre tract, and the north line of this tract, a distance of 340.85
feet to a 518" iron rod wills surveyor's cap stamped "RPLS 1907' set in the west right -of-
way line of the Missouri Pacific Railroad and at the southeast corner of said 19,37 acre
tract, for the northeast corner of this tract;
Thence S 04 49' 59" W along the west right -of -way line of said Missouri Pacific
Railroad and the east line of this tract, a distance of 300.02 feet to a 518" iron rod with
surveyor's cap stamped "12PLS 1907" set at the northeast tamer of a 36.64 acre tract of
land previously surveyed, for the southeast corner of this tract;
Thence S 89° 45' 00" W along the north line of said 36.64 acre tract and the south
line of this tract, a distance of 2217.69 feet to the place of beginning, containing 16,99
acres of land, more or Jess, subject to all easements of record.
Bearings and coordinates in this description were determined by a GPS Survey
from the Nueces 2 Triangulation Station (X = 2274474.89, Y = 827041.03) NAD 27
Texas South Zone. : Prepared on on July 20, 2004. -
16989:JF
EXHIBIT C
INSURANCE REQUIREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
A. Permittee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Permittee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance
with applicable policy endorsements, showing the following minimum coverage by insurance
company(s) acceptable to the City's Risk Manager. 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 is required on
Bodily Injury and Property Damage
all certificates or by policy endorsement
Per occurrence - aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises — Operations
3. Underground Hazard (if applicable)
4. Products) Completed Operations Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/ Advertising Injury
8.
AUTOMOBILE LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non -owned Vehicles
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION
COMPENSATION ACT AND PARAGRAPH 11 OF THIS
EXHIBIT
EMPLOYERS' LIABILITY
$500,000
C. In the event of accidents of any kind related to this agreement, Permittee must furnish the
Risk Manager with copies of all reports related to this permit of such accidents within 10
days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Permittee 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. Permittee's financial integrity is of interest to the City; therefore, subject to Permittees right to
maintain reasonable deductibles in such amounts as are approved by the City, Permittee
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Permittee'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). Permittee 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. Permittee 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. Permittee 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;
• 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 Permittee'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 agreement.
F. In addition to any other remedies the City may have upon Permittee'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 Permittee to stop work hereunder, and/or
withhold any payment(s) which become due to Permittee hereunder until Permittee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Permittee may be held responsible for payments of damages to persons or property
resulting from Permittee's or its subcontractor's performance of the work covered underthis
agreement.
H. It is agreed that Permittee'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 agreement.
It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
CBBEP license agreement ins. req.- Rincon Channel
2 -10 -12 ep Risk Mgmt.