HomeMy WebLinkAboutC2025-297 - 6/29/2025 - Approved INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND
THE PORT OF CORPUS CHRISTI AUTHORITY
OF NUECES COUNTY,TEXAS,
FOR THE 2023 SEAPORT CONNECTIVITY PROGRAM GRANT
This Interlocal Cooperation Agreement("Agreement")is made by and between the City of
Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas,
acting by and through its governing body,the City Council,and the Port of Corpus Christi Authority
of Nueces County, Texas ("PCCA"), acting by and through its governing body, the Port
Commission. The City and PCCA are sometimes referred to in this Agreement as "Parties" and
individually as a"Party".
WHEREAS,on July 18,2023,PCCA submitted a grant application to the Texas Department
of Transportation ("TxDOT")under the Seaport Connectivity Program for the Sam Rankin Street
Reconstruction Project, CSJ-9400-00-020 (the "Project"); and
WHEREAS, by Minute Order Number 116558 dated September 28, 2023, the Texas
Transportation Commission approved State participation in the Project in an amount not to exceed
$6,733,044 (the "Grant"); and
WHEREAS,the Project will improve traffic flow and safety for trucks moving freight to and
from PCCA cargo docks and directly connect Interstate Highway 37 to Cargo Docks 8, 14, and 15;
and
WEHREAS,a portion of the Project will be performed by PCCA on property owned by the
City; and
WHEREAS, the proposed Advanced Funding Agreement ("AFA") between PCCA and
TxDOT states that if the Project requires the use of real property to which PCCA does not hold title,
a separate agreement must be executed prior to the AFA; and
WHEREAS,the Parties recognize and agree that replacement of stormwater infrastructure on
Sam Rankin Street is essential to completion of the Project,however,stormwater infrastructure costs
are not covered by the Grant; and
WHEREAS,PCCA agrees to perform the stormwater infrastructure improvements on behalf
of the City subject to City's agreement to reimburse PCCA for those costs; and
WHEREAS,the purpose of this Agreement is to: (i)authorize PCCA to perform the Project
on the City-owned portion of Sam Rankin Street; and (ii) memorialize the Parties' agreement
regarding PCCA's construction of the stormwater infrastructure improvements on Sam Rankin
Street.
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NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI,
TEXAS,AND THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
TEXAS:
SECTION 1. WORK ON CITY PROPERTY.
1.1 The City grants PCCA permission to enter onto City property to make permanent public
improvements to Sam Rankin Street as described in Exhibit A. In addition, the City
authorizes PCCA to enter onto City property to perform the stormwater infrastructure
improvements not covered by the Grant as described in Exhibit B.
SECTION 2. PROJECT SCOPE.
2.1 Project Scope. A description of the Project scope is attached hereto as Exhibit A. A
description of the stormwater infrastructure improvements is attached hereto as Exhibit B.
2.2 Contract Management. PCCA will be responsible for contract execution and administration,
including the design, procurement, and construction of the Project and the stormwater
infrastructure improvements. Prior to soliciting bids and/or proposals for construction,
PCCA will furnish the City with a detailed set of plans and construction drawings for the
Project(including the stormwater infrastructure improvements)(collectively,the"Plans")for
the City's approval, which approval shall not be unreasonably withheld nor unreasonably
delayed. The Plans shall be prepared in a standard engineering format and must be signed
and sealed by a Professional Engineer registered in the State of Texas. If the City fails to
respond to a request for approval of the Plans within thirty(30)days after submittal,the City
will be deemed to have given its written approval of the Plans. Any change orders altering
the Plans or the scope of work related to the stormwater infrastructure improvements shall
also be furnished to the City for prior approval by the City, which approval shall not be
unreasonably withheld nor unreasonably delayed. If the City fails to respond to a request for
approval of a change order within Five (5) days after submittal, the City will be deemed to
have given its written approval of the change order. The Parties agree that no building
permit or other authorization by the City shall be required for the Project (including the
stormwater infrastructure improvements) other than the approvals as stated in this Section
2.2.
2.3 Grant Terms and Conditions. PCCA will be responsible for ensuring that the Grant terms
and conditions and deliverable requirements are met.
2.4 Grant Funding. PCCA shall be the direct recipient of the grant funds and will authorize the
use of the funds in compliance with the Grant.
2.5 Payment of Costs. PCCA shall be responsible for all Project costs. The City agrees to
reimburse PCCA 100%of the stormwater infrastructure improvements costs not covered by
the Grant up to the maximum amount of$2,500,000. As soon as reasonably practicable after
PCCA completes the Project, PCCA shall present an invoice to the City for reimbursement
of 100%of the amount paid for the stormwater infrastructure improvements costs. Copies of
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the invoices paid by PCCA to PCCA's contractor(s)shall be included with PCCA's invoice
to the City and an authorized representative of PCCA shall certify the amount paid by
PCCA. PCCA's invoice shall be due and payable by the City within thirty (30) days after
the City's receipt of such invoice. PCCA's invoice shall be mailed to the address provided
in Section 4.4.
2.6 Maintenance following Construction. Upon completion of the construction of the Project,
the City shall assume maintenance of all improvements on City property, including the
stormwater infrastructure improvements.
SECTION 3. TERM OF AGREEMENT AND TERMINATION.
3.1 Effective Date. The effective date of this Agreement is the date on which all parties have
executed this Agreement.
3.2 Term. This Agreement shall be for a term of two years beginning on the Effective Date. The
term shall automatically extend year-for-year until the Project is completed.
3.3 Termination. Either party may terminate this Agreement by giving written notice to the
other party if the other party("Defaulting Party")materially breaches any term,condition or
provision of this Agreement and fails to cure the breach to the satisfaction of the notifying
party within thirty(30)days after the Defaulting Party receives a written notice of the breach
from the notifying party.
SECTION 4. GENERAL PROVISIONS.
4.1 Severability. In the event any term, covenant or condition herein contained shall be held to
be invalid by any court of competent jurisdiction, such invalidity shall not affect any other
term, covenant or condition herein contained, provided that such invalidity does not
materially prejudice either PCCA or City in their respective rights and obligations contained
in the valid terms, covenants or conditions hereof.
4.2 Entire Agreement. This Agreement merges the prior negotiations and understandings of the
parties hereto and embodies the entire agreement of the parties, and there are no other
agreements, assurances, conditions, covenants (express or implied) or other terms with
respect to the covenants,whether written or verbal, antecedent or contemporaneous,with the
execution hereof.
4.3 Written Amendment. Unless otherwise provided herein,this Agreement may be amended
only by written instrument duly executed on behalf of each party.
4.4 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third(3rd) day following deposit in a
United States Postal Service post office or receptacle with proper postage affixed(certified
mail, return receipt requested) addressed to the respective other party at the address
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prescribed below, or at such other address as the receiving party may have theretofore
prescribed by notice to the sending party.
The initial addresses of the parties,which one party may change by giving written notice of
its changed address to the other parry, are as follows:
Ci1y PCCA
Peter Zanoni Kent A. Britton
City Manager Chief Executive Officer
City of Corpus Christi Port of Corpus Christi Authority
1201 Leopard, 5t' Floor P. O. Box 1541
Corpus Christi, Texas 78401 Corpus Christi, Texas 78403
4.5 Non-Waiver. Failure of any parry hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing hereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on, and to
enforce by any appropriate remedy,strict compliance with any other obligation hereunder or
to exercise any right or remedy occurring as a result of any future default or failure of
performance.
4.6 Successors. This Agreement shall bind and benefit the parties and their legal successors.
4.7 No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on
behalf of itself, its officers, employees, and agents as a result of its execution of this
Agreement and performance of the covenants contained herein.
4.8 Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the
Texas Interlocal Cooperation Act,codified as Chapter 791 of the Texas Government Code.
Further, each party represents that this agreement has been duly passed and approved by its
governing body, as required by the Act.
4.9 Relationship of Parties. In performing this Agreement, the City and PCCA shall act in an
individual capacity,and not as agents,representatives,employees,employers,partners,joint-
venturers,or associates of one another. The employees or agents of either party may not be,
nor be construed to be, the employees or agents of the other party for any purpose.
4.10 Disputes. Each parry agrees that any dispute between the parties relating to this Agreement
will first be submitted in writing to a panel of two senior executives of the City and PCCA,
who shall promptly meet and confer in an effort to resolve such dispute through good faith
consultation and negotiation. Each parry's executives shall be identified by notice to the
other parry,and may be changed at any time thereafter also by notice to the other parry. Any
decisions of the executives will be final and binding on the parties, unless approval by the
governing bodies of the parties is require by law. In the event the executives are unable to
resolve any dispute within thirty (30) days after submission to them, either party may then
refer such dispute to mediation.
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If the parties refer to mediation any controversy or claim arising out of or relating to this
Agreement or the existence,validity,breach or termination thereof,whether during or after
its term, they shall select a mutually acceptable mediator within forty-five (45) days
thereafter. Neither party shall unreasonably withhold consent to the selection of a mediator.
The parties shall share equally the costs of mediation. If the parties agree, they may
substitute other forms of alternative dispute resolution. Any mediation shall not extend
beyond thirty(30)days after the appointment of the mediator,and should the parties fail to
resolve any dispute by mediation within such 30-day period,the parties shall have all rights
available at law or in equity.
4.11 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas, and it shall be performable in Nueces County,Texas.
IN WITNESS WHEREOF,the City and PCCA have made and executed this Agreement in
multiple copies,each of which is an original.
CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI
AUTHORITY
C%-2(2"` 4/28/2026 G ��
4/27/2026
Director of Engineering Services Date Chief Executive Officer Date
Motion M2025-100 Authorized
By Council 6/29/2025
kfeSE
RM/58(May a.2026 14 2058 COT)
APPROVED AS TO FORM:
Janet 1Nhitehead(Apr 28.2026 14:51:19 CDT) 4/28/2026
Assistant City Attorney Date
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EXHIBIT A
The Project addresses a three-quarters of a-mile section of Sam Rankin Street (SRS)that directly
connects Interstate Highway 37 to the Port of Corpus Christi's Cargo Docks 8, 14, and 15. In
addition, the northern part of the Project area connects the Al Speight Military Yard to the cargo
docks. Some of the largest military movements occur on this part of SRS several times yearly. SRS
requires a full reconstruction because failures have risen through the base and into the subgrade. The
pavement distress on the roadway is severe enough to be a safety concern as vehicles often merge
onto oncoming traffic lanes to avoid some of the major road failures. Distresses include alligator
cracking,block cracking,bumps&sags,depressions,edge cracking,longitudinal cracking,patching,
potholes,railroad crossing,rutting,slippage cracking,and raveling. Current sidewalk conditions do
not meet ADA standards in any form,with widths under 4',rebar protruding up from the walkway,
cross slopes over 2%, and unsafe transitions at intersections.
The Project scope generally consists of the reconstruction of SRS from Port Avenue to IH 37. Road
reconstruction will include a stabilized subgrade, flexible base, and new 3" asphalt paving with a
layer of geogrid to strengthen the roadway for military equipment and other heavy loads coming into
the Port of Corpus Christi. The Project will also include the reconstruction of the curb/gutter and
sidewalks. This Project provides a needed rebuild of the rail crossing at SRS and Broadway with
new concrete rail panels for safety and ease of transition over the tracks.
EXHIBIT B
The existing storm drainage infrastructure on Sam Rankin Street between Port Avenue to IH 37 will
be analyzed for capacity issues and the storm drainage infrastructure will be upgraded as needed.