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HomeMy WebLinkAboutC2026-141 - 9/8/2026 - Approved FIRST AMENDMENT OF 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 First Amendment of Interlocal Cooperation Agreement (the "Amendment") 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, the City and PCCA entered into an Interlocal Cooperation Agreement effective April 28, 2026 (the "Agreement"), related to the Sam Rankin Street Reconstruction Project (the "Project"); and WHEREAS, pursuant to the Agreement, PCCA agreed to perform certain stormwater- infrastructure improvements (the "Stormwater Improvements") on behalf of the City subject to City's agreement to reimburse PCCA for those costs; and WHEREAS, the City has requested PCCA expand the scope of the Project to incorporate additional water, wastewater, and gas infrastructure improvements (the "Additional Utility Improvements"); and WHEREAS, PCCA agrees to perform the Additional Utility Improvements on behalf of the City subject to City's agreement to reimburse PCCA for those costs; NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS: A. The effective date of this Amendment(the"Amendment Date")is the date on which all parties have executed this Amendment. B. Effective as of the Amendment Date, Section I of the Agreement is amended in its entirely to read as follows: 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 perforrn the Stormwater Improvements described in Exhibit B and the Additional Utility Improvements described in Exhibit C. Neither the Stormwater Improvements nor the Additional Utility Improvements are 1 367649 covered by the Grant. C. Effective as of the Amendment Date, Section 2 of the Agreement is amended in its entirely to read as follows: 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 Improvements is attached hereto as Exhibit B. A description of the Additional Utility Improvements is attached hereto as Exhibit C. 2.2 Contract Mana_e�. PCCA will be responsible for contract execution and administration, including the design, procurement, and construction of the Project, the Stormwater Improvements, and the Additional Utility 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 Improvements and the Additional Utility 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 Improvements or the Additional Utility 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 Improvements and the Additional Utility 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 cost of the Stormwater Improvements and Additional Utility Improvements not covered by the Grant up to the maximum aggregate amount of $4,500,000. As soon as reasonably practicable after PCCA completes the Project, PCCA shall present an invoice to the City for reimbursement of 100% of the amounts paid for the Stormwater Improvements and the Additional Utility Improvements. Copies of 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 2 367649 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 Improvements and the Additional Utility Improvements. D. Except as specifically amended hereby, all terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment shall control. IN WITNESS WHEREOF, the City and PCCA have made and executed this Amendment in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY Sep 14, 2026 Z ::::7 , i�ec Jeff Edmonds(Sep 14,2026 10:26:03 CDT) 9/09/2026 Director of Engineering Services Date Chief Executive Officer Date M 2026-097 Authorized By Council 9/8/2026 RH/SB APPROVED AS TO FORM: Sep 14, 2026 Janet Whitehead(Sep 14,2026 10:16:05 CDT) Assistant City Attorney Date 3 367649 EXHIBIT C In addition to Stormwater Improvements,the City requested additional utility improvements to be constructed on Sam Rankin Street including Information Technology (IT) improvements, water improvements, wastewater improvements, and gas improvements. The IT improvements will consist of adding new 2" conduit and pull boxes between IH 37 and E. Port Avenue. The water improvements will consist of replacing old waterlines with new 8" and 12" PVC water lines between IH 37 and Broadway Street and adding a new 16" water line between Broadway Street and E. Port Avenue. The wastewater improvements will consist of replacing old wastewater lines ranging in size from 6" to 21" with new PVC lines and fiberglass manholes between IH 37 and Broadway Street. The gas improvements will consist of replacing aging 2", 4", and 8" gas lines with new gas lines to maintain service reliability. A future City-sponsored project will be required to permit and construct utilities within the Union Pacific Railroad ROW. Signature: Sarah Sarah Brunkenhoeter(Sep 14,2026 1 :11:59 CDT) Email: citysecretary@corpuschristitx.gov 4 367649