HomeMy WebLinkAboutC2016-081 - 3/29/2016 - Approved •
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INTERLOCAL AGREEMENT REGARDING WEST HAVEN PARK
AGREEMENT
BETWEEN NUECES COUNTY
AND
CITY OF CORPUS CHRISTI
This Interlocal Cooperation Agreement("Agreement") is entered into by and between
Nueces County, a political subdivision of the State of Texas, herein "County" and the
City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein
"City", under the authority and in accordance with the Interlocal Cooperation Act, as set
out in Chapter 791 of the Texas Government Code.
WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the
state to enter into contracts for governmental functions and services to increase their
efficiency and effectiveness,
WHEREAS, City owns property located at 1700 Cliff Maus, Corpus Christi, Texas
78416, known as West Haven Park, "Premises" as described and identified on Exhibit A;
WHEREAS,the County desires in conjunction with the City to make improvements to
these Premises so as to provide Nueces County residents additional recreational facilities
for their use and promote its public purpose of public recreation;
WHEREAS, section 332.021 of the Texas Local Government Code allows two political
subdivisions to jointly by agreement to construct park or recreational facilities located on
property owned by either political subdivision;
WHEREAS,the County and City will derive a mutual benefit from this agreement as
City's Premises will be enhanced with additional park or recreational facilities and
County will be able to provide additional recreational facilities to the residents of Nueces
County;
WHEREAS,the County,the City and all of their respective residents will be able to use
the Premises and related improvements;
NOW THEREFORE, the County and City, in consideration of the mutual promises and
covenants herein, agree as follows:
1. Effective Date; Term. This Agreement takes effect on the date of last
signature (the"Effective Date"). The term of this Agreement is three (3)
years.
2. Contact Person/Agreement Administrator. For this Agreement, the contact
person and Agreement administrator for the County is the Director of
2016-081
3/29/16
Res. 030792
Nueces County
INDEXED
Community Services/Inland Parks ("Director"). The contact person and
Agreement administrator for the City is the Director of Parks and Recreation.
3. Premises. City agrees to allow County use of the Premises, as described and
delineated in Exhibit A,the site map which is attached hereto and
incorporated herein to this Agreement by reference, for construction and use
of the Improvements.
4. Improvements. The improvements ("Improvements")to be constructed are
shown on attached Exhibit A. Modifications to the Improvements and
additional Improvements may be approved by the City Manager or designee
and the County Judge or designee. Improvements will be constructed in
two phases.
a. Phase I: The first construction phase will be to construct walking trails
with a cluster of exercise stations, athletic field, half-basketball court,
irrigation system, landscaping, and lighting. Funding for the first
construction phase in an amount not to exceed $240,000 will be provided
by the County, and an amount not to exceed $6,700 of Community
Enrichment Funds will be provided by the City. The City shall issue
payment to County upon receipt of invoice to be submitted to City after
completion of Phase 1 construction. The County shall be responsible to
contract and oversee the construction for the first construction phase of
Improvements. The City will be responsible for any permitting fees, or
any other applicable fees in relation to this construction, including
irrigation and backflow certification filing fees.
Phase 2: Funding for the second construction phase will be provided by the
City. Upon availability of City funding, the second construction phase will
begin and may include the following: construct two (2)parking areas with
concrete sidewalks, a gazebo and picnic tables and other park amenities.
County agrees to provide 25%of the total costs for completion of Phase 2 up
to maximum of $25,000 subject to County appropriations and contingent
upon City's availability of funds to complete Phase 2 within one year of
completion of Phase 1.. The County shall issue payment to City upon receipt
of invoice to be submitted to County after completion of Phase 2 construction.
The City shall be responsible to contract and oversee the construction for the
second construction phase of Improvements subject to availability of funding.
5. Construction terms and conditions. In performing any construction at West
Haven Park, City and County agree to comply with terms outlined on Exhibit
B, as applicable.
6. Maintenance. The City will be responsible for the maintenance of the
Premises and all improvements, including those constructed under this
agreement, to be provided in same manner and level of maintenance as the
level of maintenance prescribed by the City's Master Plan for parks. The
City retains the right to remove any improvements at the Premises deemed to
be in unsafe condition by the City's Director of Parks and Recreation after
consulting with the County's Parks Director.
7. Use of the Premises. City must not deny access to or use of the Premises or
areas of the Premises to the general public for unorganized activities. County
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and City residents will have reasonable access to Premises and may reserve
events at Premises pursuant to City's reservation procedures and fees. This
provision shall survive any termination of this agreement.
8. Primary Purpose. City must use and maintain the Premises as a recreational
area open to the general public. Any use of the Premises shall be subject to
the City's standard procedures and fees except that, during the term of this
Agreement, any City fees charged must be in accordance withChapter316 of
the Texas Local Government Code, and any subsequent amendment thereof.
In particular, during term of this Agreement, no fees shall be charged to a
sports team composed primarily of minors and sponsored and supported by a
nonprofit organization for use of the sports fields or basketball court and no
fees shall be charged for the use of a restroom facility, water for human
consumption, or an entrance fee to the Premises.
9. Additions and Alterations.
a. County shall not make any additions or alterations to the Premises other
than as set out in Phase I without the City's prior written approval.
10. Utilities. City will pay for all utilities used at Premises.
11. Non-Discrimination. Neither party shall discriminate nor permit
discrimination against any person or group or persons, as to employment and
in the provision of services, activities, and programs, on the grounds of race,
religion, national origin, sex,physical or mental disability, or age, or in any
manner prohibited by the laws of the United States of the State of Texas. City
will provide program access or remove barriers to accessibility under the
American with Disabilities Act to allow individuals with disabilities the
opportunity to participate and receive the benefits of services,programs and
activities that are offered.
12. Compliance with Laws.
a. Each party must comply with all Federal, State, and local government
laws, rules, regulations, and ordinances,which may be applicable to its
operation at the Premises and its performance under this Agreement. City
will provide program access or remove barriers to accessibility under the
American with Disabilities Act to allow individuals with disabilities the
opportunity to participate and receive the benefits of services, programs
and activities that are offered.
b. All actions brought to enforce compliance with any law or to enforce any
provision of this Agreement will be brought in Nueces County where this
Agreement was executed and will be performed.
Nothing herein shall be construed as a waiver of the either party's
governmental and sovereign immunity.
13. No debts and Fiscal Funding. Neither party shall incur any debts or
obligations on the credit of the other party during the term of this Agreement.
In the event that payments or expenditures are made, they shall be made from
current funds as required by Chapter 791, Texas Government Code.
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14. Termination. If there is noncompliance with one or more of the provisions
contained herein, written notice shall be provided to the non-compliant party
to cure or begin curing the default(s)within ten (10) days of receipt of the
notice. If compliance or substantial compliance with each provision
identified by the written notice has not been achieved within ten (10) days of
receiving said notice,the Agreement will terminate for cause upon written
notice of termination and listing one or more areas of continued
noncompliance. Either party may terminate this Agreement without cause
upon thirty(30) days written notice to the other party. However, during
construction of the Improvements under this Agreement, the agreement may
only be terminated for cause.
15. Notice. All notices, demands, requests, or replies provided for or permitted,
under this Agreement, by either party must be in writing and must be
delivered by one of the following methods: (1) by personal delivery; (2)by
deposit with the United States Postal Service as certified or registered mail,
return receipt requested,postage prepaid. Notice deposited with the United
States Postal Service in the manner described above will be deemed effective
two (2)business days after deposit with the United States Postal Service. All
such communications must only be made to the following:
IF TO COUNTY:
County Judge
Nueces County
901 Leopard Rm 303
Corpus Christi, Texas 78401
(361)888-0444
with copy to:
Director of Community Services/Inland Parks
4540 FM892
Robstown, Texas 78380
(361)387-5445
IF TO CITY:
City of Corpus Christi
Attn: Director of Parks and Recreation
P. O. Box 9277
Corpus Christi, Texas 78469
Any party may change the address to which notice is sent by using a method set out
above.
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16. Amendments. No alterations, changes, or modifications of the terms of this
Agreement or the waiver of any provision will be valid unless made in writing
and signed by a person authorized to sign agreements on behalf of each party.
17. Waiver.
a. The failure of either party to complain of any act or omission on the part
of the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
b. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement by either party at any time, express or
implied, shall be taken to constitute a waiver of any subsequent breach of
the covenant or condition nor shall justify or authorized the nonobservance
on any other occasion of the same or any other covenant or condition
hereof.
c. If any action by requires the consent or approval of the other party on one
occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
d. Any waiver or indulgence of default of any provision of this Agreement
shall not be considered an estoppel against the non-defaulting party. It is
expressly understood that, if at any time default in any of its conditions or
covenants hereunder has occurred,the failure to promptly avail itself of
said rights and remedies which the non-defaulting party may have will not
be considered a waiver on the part of the non-defaulting party, but the
non-defaulting party may at any time avail itself of said rights or remedies
or elect to terminate this Agreement on account of said default.
18. Force Majeure. No party to this Agreement will be liable for failures or
delays in performance due to any cause beyond their control including,
without limitation, any failures or delays in performance caused by strikes,
lock outs, fires, act of God or the public enemy, common carrier, severe
inclement weather, riots or interference by civil or military authorities. The
rights and obligations of the parties will be temporarily suspended during this
period to the extent performance is reasonably affected.
19. Assignment. This Agreement may not be assigned, or transferred directly or
indirectly.
20. Captions. The captions in this Agreement are for convenience only, are not a
part of this Agreement, and do not in any way limit or amplify the terms and
provisions of this Agreement.
21. Severability.
a. If, for any reason, any section ,paragraph, subdivision, clause,provision,
phrase, or word of this Agreement or the application hereof to any person
or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
jurisdiction,then the remainder of this Agreement, or the application of
said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected
thereby, for it is the definite intent of the parities to this Agreement that
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every section,paragraph, subdivision, clause,provision,phrase, or word
hereof be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Agreement,then the remainder of this Agreement is not affected thereby,
and in lieu of each such illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to such illegal, invalid,
or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable,will be added to this Agreement automatically.
22. Entirety Clause. This Agreement and the attached an incorporated exhibits
constitute the entire agreement between the parties.
EXECUTED IN DUP ICATE, eac which s all be considered an original, and
effective on this the ( 14_day of /� ,2016.
Nueces County: Attest:
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S uel Loyd i eal Jr. ........ ar
County Judge ;� \ NEAS•, County Clerk
City of Co .us Christi =O: J` •• st:
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Lisa Agugar
As ist«nt City Attorney sT COUNCIL 2?. ,a• 1
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Page 6 of 12
EXHIBIT A [ TO BE INSERTED]
Page 7 of 12
100 201
4
PHASE 1
PROPOSED EXERCISE AREA
(5 STATIONS)
PHASE 2 147
PROPOSED PARKING AREA 15 SPACES
WITH CONCRETE SIDEWALK
ROCKFORD DR
PHASE 2
PROPOSED GAZEBO
AND PICNIC TABLES
PHASE 2
PROPOSED PARKING AREA 20 SPACES
WITH CONCRETE SIDEWALK
EXISTING PICNIC TABLE
PHASE 1
PROPOSED FRONT SIGN
LANDSCAPING
PHASE 1
PROPOSED WALKING TRAILS
2,400 IF TOTAL
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engineers I architects I contractors
CIT! OF CORPUS CHRISTI, TEXAS
WEST HAVEN PARK IMPROVEMENTS PROJECT
PHASE 1 & PHASE 2 EXHIBIT
Page 8 of 12
Exhibit B
Terms regarding construction of improvements at West Haven Park
A. When constructing the Improvements, the plans and specifications shall be
prepared by state-licensed architects or engineers. The plans and specifications are
subject to approval of the City Manager or designee. Construction shall not begin until
the City Director of Capital Programs or designee has reviewed and approved the
construction plans and specifications.
B. The contractor shall maintain City park property in a sanitary, safe and clean
condition during construction activities.
C. The contractors who are awarded contracts for construction of the Improvements
shall 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
(100%) of the contract for construction of the Improvements shall be
furnished for the protection of all persons, firms and corporations who
may furnish materials or perform labor. The payment bond shall be made
with County/City as an Obligee.
2. Performance Bond - A performance bond in the amount of One Hundred
Percent (100%) of the contract for construction of the Improvements shall
be furnished covering the faithful performance of the contract. The
performance bond shall be made with County/City as an Obligee.
D. All construction agreements for the Improvements shall include the following
provisions:
1. Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless the City of Corpus Christi and Nueces County
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 and 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,
invitees or any other person, arising out of or in connection with the
performance of this agreement, and contractor shall at his or her own cost
and expense defend and protect the City of Corpus Christi and Nueces
County from any and all such claims and demands.
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2. Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless the City of Corpus Christi and Nueces County
and all of its officials, officers, agents and employees from and against any
and all claims, losses, damages, suits, demands or causes of action, and
liability of every kind including all expenses of litigation and/or
settlement, court costs and attorney fees for injury or death of any person
or for loss of, damages to, or loss of use of any property, rising out of or in
connection with the performance of this agreement. Such indemnity shall
apply whether the claims, losses, damages, suits, demands or causes of
action arise in whole or in part from the negligence of the City of Corpus
Christi or Nueces County, its officers, officials, agents or employees. It is
the express intention of the parties hereto that the indemnity provided for
in this paragraph is indemnity by Contractor to indemnify and protect the
City of Corpus Christi and Nueces County from the consequences of the
City of Corpus Christi's or Nueces County's own negligence, where that
negligence is a sole or concurring cause of the injury, death or damage.
3. In any and all claims against any party indemnified hereunder by any
employee of contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, the indemnification obligation herein provided shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for contractor or any subcontractor
under workman's compensation or other employee benefit acts.
E. The contractor shall furnish insurance in such amounts as specified below and
include in all construction agreements for the Improvements the following language:
1. Prior to commencement of any activity on City of Corpus Christi's
property, contractor shall purchase and maintain during the term of this
contract, at its own expense, hereinafter stipulated minimum insurance
with companies duly authorized to do business in the State of Texas.
Contractor shall not allow any subcontractor to commence work until all
similar insurance of the subcontractor has been obtained. All 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 $500,000.00 for each
accident, $500,000.00 disease for each employee, $500,000.00 disease as
policy limit.
Commercial General Liability Insurance, including Independent
Contractor's Liability. Products/Completed Operations and Contractual
Liability, covering, but not limited to the indemnification provisions of
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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.
Comprehensive Automobile and Truck Liability Insurance, covering
owned, hired and non-owned vehicles, with a combined single limit of
$1,000,000 per occurrence.
Builder's Risk. The contractor shall purchase an All Risk builder's risk
policy in the amount of the construction cost for the duration of this
project.
2. It 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 Nueces County as
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 for thirty (30) days written notice of cancellation to the
City of Corpus Christi and Nueces County, material change or any
other cause.
c. Be written through 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 or Nueces County, 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:
City Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
Risk and Safety Manager
City of Corpus Christi
Page 11 of 12
Post Office Box 9277
Corpus Christi, Texas 78469-9277
F. All work to be performed by 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, and
such work shall be subject to City inspection during the performance thereof and after it
is completed. However, the City shall have no duty to inspect during Phase I
Improvements.
G. County nor its contractor shall neither give nor grant, nor purport to give or grant
any mechanic's or materialmen's lien upon the City's property or upon any
Improvements thereupon in the process of construction or repair, nor allow any condition
to exist or situation to develop whereby any party should be entitled, as a matter of law,
to a mechanic's or materialmen's lien against the City's property or Improvements
thereon, and County shall discharge any such lien within thirty (30) days after notice of
filing thereof.
H. County shall endeavor to ensure that construction under this Agreement is
provided in an orderly and proper manner, considering the nature of such operation, so as
not to unreasonably annoy, disturb, or endanger others.
I. Before any work on City property begins, County shall present the City Director
of Capital Programs, the City Risk Manager or designee, and the City Manager with
evidence of Contractor's insurance coverages, and City building and construction
permits. Before any work on Phase II Improvements begins, City shall present the, the
County Inland Parks Director or designee with evidence of Contractor's insurance
coverages.
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