HomeMy WebLinkAbout028226 ORD - 07/07/2009RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN INTERLOCAL AGREEMENT AND RELATED DOCUMENTS WITH
THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
TEXAS ("POCCA") TO JOINTLY FUND GAS AND WATER LINE
ADJUSTMENTS AND RELOCATIONS FOR THE JOE FULTON
INTERNATIONAL TRADE CORRIDOR PROJECT — PHASE II.
Whereas, the Joe Fulton International Trade Corridor Project — Phase II ("Project")
will allow the completion of the Joe Fulton Trade Corridor, enhances the efficiency of Port
operations, and is deemed essential to the development of new industries on the north
side of the ship channel; and
Whereas, the Project is funded by the Texas Department of Transportation
("TXDOT"), which requires the adjustment and relocation of utilities to a location outside
the pavement area; and
Whereas, the City has gas and water lines which must be relocated at local
expense requiring an interlocal agreement to proceed with the Project; and
Whereas, the Port of Corpus Christi Authority ("POCCA") will pay 100% of the
engineering cost of engineering design services and preparation of plans, specifications
and contract documents to adjust gas and water lines; and
Whereas, the City will pay for the cost of gas line adjustment and relocation costs;
and
Whereas, the City and POCCA will each pay one-half of the cost of adjustment
and relocation of the water lines based on the bid price; and
Whereas, the City will also pay 1% of the bid price Texas Department of
Transportation Engineering and Contingency Costs ("TxDOT-E/C); and
Whereas, the City will pay POCCA one-half the actual amount bid, plus 1%
TxDOT- E/C as for the water line utility construction within 60 days of the letting date of
the Fulton Corridor -Phase II Project Contract; and
Whereas, the preliminary estimate of the cost of the water line adjustment and
relocation is $1,000,000.00, for which the City would be responsible for half the bid cost;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI THAT:
Section 1. The City Manager or his designee is authorized to execute the
Interlocal Agreement attached hereto as Exhibit "A" with the Port of Corpus Christi
Authority of Nueces County, Texas ("POCCA") and all related documents necessary to
jointly fund gas and water line adjustments and relocations for Joe Fulton International
Trade Corridor Project — Phase II.
028226
070709 R E S 0 Interlocal Agreement POCCA, Joe Fulton Corridor Project
ATTEST:
Armando Chapa
City Secretary
Approved as to form: 25 -Jun -09
,a„‘
Veronica Ocanas
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Joe 9ameale
Mayor
070709 R E S 0 Interlocal Agreement POCCA, Joe Fulton Corridor Project
Corpus Christi, Texas
of , 2009
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
i,,9Qt_ 2
THE STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL COOPERATION AGREEMENT
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 goveming body, the City Council, and the
PORT AUTHORITY OF CORPUS CHRISTI ("PCCA"), acting by and through its governing body,
the Port Commission. This Agreement is made pursuant to Chapter 791, Texas Government Code,
and is as follows:
SECTION 1. PURPOSE FOR PARTICIPATION.
City and PCCA desire to fund the adjustment and relocation of water and gas utilities as
provided in this Agreement to facilitate the construction of the Joe Fulton International Trade
Corridor — Phase II Project ("Fulton Corridor- Phase II") for the mutual benefit of the parties
and the residents of City and PCCA.
SECTION 2. OBLIGATIONS OF CITY AND PCCA.
For and in consideration of the covenants and agreements of the parties set forth herein,
City and PCCA agree to participate in the funding of costs, including engineering,
construction and maintenance to adjust, relocate and maintain the water and gas utilities
necessary to facilitate the construction of the Fulton Corridor- Phase II as follows:
(a) Engineering Services. PCCA agrees to pay for the engineering services to design
and prepare construction plans to adjust and relocate the water line utility.
(b) Gas Line Construction. City agrees to pay for the construction to adjust and relocate
the gas line utility. The gas line utility will have valves and tees installed prior to
October 1, 2009, when the Contractor begins road construction to allow for the gas
line utility to be efficiently relocated from beneath the pavement within 2 years of the
end of roadway construction. The existing gas line utility will be grouted in place.
(c) Water Line Construction. City and PCCA agree to each pay one-half of the
construction cost to adjust and relocate the water line utility based on amounts bid for
such work, plus 1% of the actual construction cost of the water line for Texas
Department of Transportation engineering and contingency costs ("TxDOT-E/C").
(d) Payment Dates. City will pay PCCA one-half the actual amount bid, plus 1%
TxDOT- E/C as stated in Section 2 (c) for the water line utility construction within
1
Interlocal Agmt - City & POCCA - Joe Fulton Intl Trade Corridor Utility Relocation
Page 1 of 4
Exhibit A
60 days of the letting date of the Fulton Corridor -Phase II project contract which
includes construction to adjust and relocate the water line utility.
(e) Contract Management. PCCA will be responsible for contract administration
during construction to adjust and relocate the water line and gas utilities at its
expense. City will provide oversight inspections, as needed, at its expense.
(1) Payments. Any payment made by either party hereto for any of the services provided
pursuant to this Agreement shall be made out of current revenues available to the
PCCA and City as required by Chapter 79, Texas Government Code.
(g)
Maintenance. After the construction warranty period of one year from the acceptance
date has expired, City will maintain the water line and gas utilities.
(h) Easements. PCCA will grant the City access to any of its property or easements for
the maintenance of the water line and gas utilities.
SECTION 3. TERM OF AGREEMENT.
Initial Term. This Agreement shall be for an initial term of one year. This Agreement
is subject to extension from year to year by either party upon written notice provided
to the other party at least sixty (60) days prior to the expiration of the initial term or
any extension.
SECTION 4. CHANGE ORDERS
Water Line. City and PCCA will each be responsible for payment of one-half the
cost of change orders for the water line adjustments. The Port will notify and receive
approval from the City of proposed change orders, prior to authorization.
Reimbursement by City to PCCA will include the 1 % TxDOT E & C fee described
in Section 2 (c) of this Agreement.
SECTION 5. MISCELLANEOUS.
(a) 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.
(b) 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
2
Interlocal Agmt - City & POCCA - Joe Fulton Intl Trade Corridor Utility Relocation Exhibit A
Page 2 of 4
terms with respect to the covenants, whether written or verbal, antecedent or
contemporaneous, with the execution hereof.
(c) Written Amendment. Unless otherwise provided herein, this Agreement may be
amended only by written instrument duly executed on behalf of each party.
(d) 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 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 party, are as follows:
Angel Escobar, P.E.
City Manager
City of Corpus Christi
1201 Leopard
Corpus Christi, Texas 78401
PCCA
John LaRue
Executive Director
Port of Corpus Christi Authority
P. 0. Box 1541
Corpus Christi, Texas 78403
(e) Non -Waiver. Failure of any party 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.
(I) Successors. This Agreement shall bind and benefit the parties and their legal
successors. This Agreement does not create any personal liability on the part of any
officer or agent of the City or Reinvestment Zone or any Port Commissioner, officer,
agent or employee of District.
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.
(g)
3
Interlocal Agmt - City & POCCA - Joe Fulton Int'I Trade Corridor Utility Relocation Exhibit A
Page 3 of 4
IN WITNESS HEREOF, the City and District have made and executed this Agreement in
multiple copies, each of which is an original.
CITY OF CORPUS CHRISTI PORI OF CORPUS CHRISTI
AUTHORITY
City Manager
ATTEST:
Date
City Secretary Date
APPROVED AS TO FORM:
Assistant City Atto
Date
4
Executive Director Date
Interlocal Agmt - City & POCCA - Joe Fulton Intl Trade Corridor Utility Relocation Exhibit A
Page 4 of 4