HomeMy WebLinkAbout029082 RES - 05/31/2011Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT WITH THE PORT OF CORPUS CHRISTI
AUTHORITY RELATING TO PERMITTING OF OVERSIZED/
OVERWEIGHT LOADS ON CITY STREETS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager is authorized to execute an interlocal cooperation
agreement with the Port of Corpus Christi Authority relating to permitting of
oversized/overweight loads on city streets.
SECTION 2. The City Manager is authorized to make editorial and non -substantive
modifications and execute amendments to the interlocal cooperation agreement without
the further approval of the City Council that do not require the appropriation of additional
funds or exceed the City Manager's authority to amend contracts, including, but not
limited to, time extensions, modifications to schedule, modifications in scope of work,
and any changes dictated by entities providing grant funding for the project.
ATTEST:
Armando Chapa
City Secretary
APPROVED: 18th day of May, 2011.
R. Ining
First sistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
C�
Joe Ad e
Mayor
02905'2
INTERLOCAL RESOLUTION -- POCCA Oversized Loads -- 05182011
INDEXED
A
Page 2 of 2
Corpus Christi, Texas
of
, 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry G. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
A4/6;
41`
029082
INTERLOCAL RESOLUTION -- POCCA Oversized Loads -- 05182011
INTERLOCAL AGREEMENT
RELATING TO PERMITTING OF OVERSIZED/OVERWEIGHT LOADS
ON CITY STREETS
This Interlocal Agreement is entered into by and between the City of Corpus Christi,
Texas ("City") and the Port of Corpus Christi Authority of Nueces County, Texas
("Port").
Recitals,
NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the
participating local governments (the "Parties"), authorized by appropriate actions of their
governing bodies, hereby agree as follows:
1. Purpose. The purpose of this Agreement is to authorize the Port to issue
oversized/overweight vehicle permits that will allow the transport of
oversized/overweight Toads on City streets between the Port's facilities and state
highways.
2. Scope of Services. The services to be performed by the City and Port are outlined in
Exhibits A -- E, which are attached to and incorporated into this Agreement.
3. Other Agreements, Supplementary Agreements and Protocols. The Parties are
encouraged, all or some, to enter into additional agreements and protocols governing.
Operating departments of the Parties (for example, police) are authorized and
encouraged to enter into specific protocols with their counterparts to enhance
coordination in this effort.
4. Implementation. The City Manager and Executive Director are authorized and
directed to take all steps necessary or convenient to implement this Agreement, and
shall cooperate in developing a plan for the implementation of the activities provided for
in this Agreement.
5. Participation Notice. Each Party shall notify the other Parties its participation in this
Agreement by furnishing an executed original of the attached Participation Notice.
6. Warranty. The Agreement has been officially authorized by the governing body of
each Party, and each signatory to this Agreement guarantees and warrants that the
signatory has full authority to execute this Agreement and to legally bind their respective
Party to this Agreement.
7. Administrative Services. The City agrees to provide administrative services
necessary to coordinate this Agreement, including providing Parties with a current list of
contact information for each Party.
8. TXDOT Participation. The Texas Department of Transportation may participate in
this Agreement, to the extent of any limitations of its authority, by furnishing an executed
original of the attached Participation Notice to the City and Port.
9. Expending Funds. Each Party which performs services under this Agreement will do
so with funds available from current revenues of the Party. No Party shall have any
liability for the failure to expend funds to provide aid under this Agreement.
10. Term of Agreement.
a. This Agreement shall become effective as to each Party when approved and
executed by that Party.
b. Once approved by all Parties, this Agreement shall be for a term of one year,
and shall be automatically renewed annually, unless any party its participation by
giving written notice to the other parties at least sixty days before the end of each
annual term.
c. Termination of participation in this Agreement by any Party does not affect the
continued operation of this Agreement between and among the remaining
Parties, and this Agreement shall continue in force and remain binding on the
remaining Parties.
11. Oral and Written Agreements. All oral or written agreements between the parties
relating to the subject matter of this Agreement, which were developed prior to the
execution of this Agreement, have been reduced to writing and are contained in this
Agreement.
12. Entire Agreement. This Agreement, including Attachments, represents the entire
Agreement between the Parties and supersedes any and all prior agreements between
the parties, whether written or oral, relating to the subject of this agreement.
13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this
Agreement are "governmental functions and services" and that the Parties are "local
governments" as that term is defined in the Interlocal Cooperation Act.
14. Severability. If any provision of this Agreement is held invalid for any reason, the
invalidity does not affect other provisions of the Agreement, which can be given effect
without the invalid provision. To this end the remaining provisions of this Agreement are
severable and continue in full force and effect.
15. Validity and Enforceability. If any current or future legal limitations affect the validity
or enforceability of a provision of this Agreement, then the legal limitations are made a
part of this Agreement and shall operate to amend this Agreement to the minimum
extent necessary to bring this Agreement into conformity with the requirements of the
limitations, and so modified, this Agreement continue in full force and effect.
16. Not for Benefit of Third Parties. This Agreement and all activities under this
Agreement are solely for the benefit of the Parties and not the benefit of any third party.
17. Exercise of Police Power. This Agreement and all activities under this Agreement
are undertaken solely as an exercise of the police power of the Parties, exercised for
the health, safety, and welfare of the public generally, and not for the benefit of any
particular person or persons and the Parties shall not have nor be deemed to have any
duty to any particular person or persons.
18. Immunity not Waived. Nothing in this Agreement is intended, nor may it be
deemed, to waive any governmental, official, or other immunity or defense of any of the
Parties or their officers, employees, representatives, and agents as a result of the
execution of this Agreement and the performance of the covenants contained in this
Agreement.
19. Civil Liability to Third Parties. Each Responding Party will be responsible for any
civil liability for its own actions under this Agreement, and will determine what level, if
any, of insurance or self-insurance it should maintain for such situations.
20. No Liability of Parties to One Another. One Party may not be responsible and is not
civilly liable to another for not responding, or for responding at a particular level of
resources or in a particular manner. Each Party to this Agreement waives all claims
against the other Parties to this Agreement for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the performance of this
Agreement, except those caused in whole or in part by the negligence of an officer,
employee, or agent of another Party.
21. Notices. Notices under this agreement may be delivered by mail as follows:
City:
Port:
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Port of Corpus Christi Authority
Attn: Executive Director
222 Power Street
Corpus Christi, Texas 78401
22. Amendments to Agreement.
a. This Agreement may not be amended except by written agreement approved
by the governing bodies of the Parties.
b. No officer or employee of any of the Parties may waive or otherwise modify
the limitations in this Agreement, without the express action of the governing
body of the Party.
23. Captions. Captions to provisions of this Agreement are for convenience and shall
not be considered in the interpretation of the provisions.
24. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Texas. Venue for an action arising under this Agreement shall be in
accordance with the Texas Rules of Civil Procedure.
PARTICIPATION NOTICE
hereby notify the Parties that Commissioners of the Port of Corpus Christi Authority of
Nueces County has approved participation in the Interlocal Agreement to authorize the
Port to issue oversized/overweight vehicle permits that will allow the transport of
oversized/overweight loads on City streets between the Port's facilities and state
highways, by lawful action of its governing body, a true copy of which is attached and
incorporated in this Agreement.
John LaRue
Executive Director
Port of Corpus Christi Authority
Date
PARTICIPATION NOTICE
I hereby notify the Parties that the City Council of the City of Corpus Christi has
approved participation in the Interlocal Agreement to authorize the Port to issue
oversized/overweight vehicle permits that will allow the transport of
oversized/overweight loads on City streets between the Port's facilities and state
highways, by lawful action of its governing body, a true copy of which is attached and
incorporated in this Agreement.
Ronald L. Olson
City Manager
City of Corpus Christi
Date
EXHIBIT A
INTERLOCAL AGREEMENT
RELATING TO PERMITTING OF
OVERSIZED/OVERWEIGHT LOADS AND VEHICLES
ON CITY STREETS
I. Responsibilities and authority of the City of Corpus Christi.
A. Identify standard routes between Port facilities and state highways, including
access and frontage roads, for oversized/overweight loads and vehicles and
establish specific width, height, length, gross weight, and axle weight restrictions
applicable to specific street segments. (Standard routes are shown on Exhibit B
and specific width, height, length, gross weight, and axle weight restrictions
applicable to the specific street segments are listed on Exhibit C.)
B. Identify when a police escort is required. (Exhibit ID)
C. Establish the fees that must be paid for obtaining an oversized/overweight
load and vehicle permit from the City. (Exhibit E)
D. Provide standard form indemnity agreement for applicants. (Exhibit F)
E. Provide standard insurance requirements. (Exhibit G)
II. Responsibilities and authority of the Port of Corpus Christi Authority.
A. Process applications for oversized/overweight loads and vehicles on
designated portions of city streets.
1. Determine size/dimensions of oversized/overweight load or vehicle.
2. Determine proposed route and whether vehicle will use a standard
oversized/overweight load/vehicle route or a special route.
3. Determine if there are any overhead wires or obstructions on sides of
roadway that could be impacted by movement of oversized/overweight
load or vehicle.
4. Confirm that applicant has made arrangements for any required police
escort.
5. Obtain a copy of a properly executed indemnity agreement from
applicant.
6. Obtain and verify that applicant has the required insurance that names
the City as an additional named insured and that the insurance forms
meets other city requirements.
7. If all requirements and limitations for a standard oversized/overweight
vehicle on a designated standard route are met, issue an oversized/
overweight vehicle permit to the applicant on behalf of the City, as the
City's agent.
8. If the application is for an oversized/overweight load and vehicle permit
for a vehicle that does not satisfy all requirements and limitations for a
standard oversized/overweight load and vehicle permit or is not for a
designated standard route, refer oversized/overweight load and vehicle
permit application to the City's Development Services Department for
further processing.
B. Notify the following City staff elements that a oversized/overweight Toad and
vehicle permit has been issued and provide the following specific information at
least 24 hours before the scheduled movement of the oversized/overweight load
or vehicle:
Traffic Engineer
Traffic Section, Police Department
Permit Section, Development Services Department
C. Collect required application fees, and remit fees to the City on a monthly
basis.
EXHIBIT B
STANDARD ROUTES BETWEEN PORT FACILITIES AND STATE HIGHWAYS,
INCLUDING ACCESS AND FRONTAGE ROADS, FOR OVERSIZED/OVERWEIGHT
LOADS AND VEHICLES
1. Carbon Plant Road between 1-37 frontage road and city limits.
2. Port Avenue between 1-37 frontage road and N. Broadway Street.
3. Hirsch Street between N. Broadway Street and Chaparral Street.
4. Mesquite Street between Hirsch Street and 1-37.
5. Chaparral Street between Hirsch Street and 1-37.
6. N. Tancahua Street between Port Avenue and Padre Street (1-37 frontage road).
7. W. Broadway Street between Port Avenue and Padre Street (1-37 frontage road).
8. Sam Rankin Street between Port Avenue and Martin Luther King Drive (1-37 frontage
road).
9. Burlington Street between W. Causeway Boulevard (Joe Fulton Corridor) and U.S.
181 frontage roads and entrance ramps.
EXHIBIT C
SPECIFIC WIDTH, HEIGHT, LENGTH, GROSS WEIGHT, AND AXLE WEIGHT
RESTRICTIONS APPLICABLE TO STREET SEGMENTS ARE LISTED ON EXHIBIT B
An oversized or overweight vehicle or Toad operating on a street segment listed on
Exhibit may not exceed the following dimensions:
Maximum Width — 12'
Maximum Height — 14'
Maximum Length -- 110'
Maximum Gross Weight —120,000 lbs.
Maximum Axle Weight:
Single Axle weight cannot exceed 650 PSI X Tire Size X No. of Tires.
(Example: 650 X 10:00 X 2 = 13,000 lbs.) Any single axle, regardless of
the tire size, may not exceed 25,000 lbs.
Two Axle group may not exceed 46,000 lbs. or 23,000 lbs. per axle.
Three Axle group may not exceed 60,000 lbs. or 20,000 lbs. per axle.
EXHIBIT D
POLICE ESCORT REQUIREMENTS FOR OVERSIZED/OVERWEIGHT LOADS AND
VEHICLES OPERATING ON CITY STREETS BETWEEN PORT FACILITIES AND
STATE HIGHWAYS, INCLUDING ACCESS AND FRONTAGE ROADS
1. A minimum of two motorcycle escort police officers are required while operating on
city streets.
2. Oversized/overweight vehicles and vehicles transporting oversized/overweight Toads
may not exceed 15 miles per hour while operating on city streets.
EXHIBIT E
PERMIT FEES FOR OVERSIZED/OVERWEIGHT
LOADS AND VEHICLES USING CITY STREETS
Administrative processing fee for
oversized/overweight loads and vehicles
using City Streets
$88.00
EXHIBIT E -- POCCA Oversized Loads -- Fees 04082011
EXHIBIT F
INDEMNITY AGREEMENT
RELATING TO ISSUANCE OF A CITY OF CORPUS CHRISTI
OVERSIZED/OVERWEIGHT VEHICLE PERMIT
In consideration for the City of Corpus Christi issuing a oversized/overweight
permit to allow the operation of our oversized or overweight vehicle on the
City's streets, we, [Insert Name of Applicant]
("indemnitor') covenant to fully indemnify, save and hold harmless the City,
its officers, agents, representatives, and employees (collectively
"Indemnitees") from and against any and all liability, loss, damages, claims,
demands, suits, and causes of action of any nature whatsoever asserted
against or recovered from City on account of injury or damage to person
including, without limitation on the foregoing, premises defects, workers'
compensation and death claims, or property loss or damage of any other kind
whatsoever, to the extent any injury, damage, or loss may be incident to, arise
out of, be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part: (1) the movement of our vehicle upon the City's
streets under the oversized/overweight permit; (2) our use of the City streets
and any and all activities associated with our use of the City streets under the
oversized/overweight vehicle permit; (3) our violation of the oversized/
overweight permit or a violation by our officers, employees, agents, or
representatives or by Indemnitees, or any of them, of any law, rule, regulation,
ordinance, or government order of any kind pertaining, directly or indirectly,
to the oversized/overweight permit; (4) the exercise of rights under the
oversized/overweight permit; or (5) an act or omission on our part or on the
part of our officers, employees, agents, or representatives or of Indemnitees,
or any of them, pertaining to this oversized/overweight permit, regardless of
whether the injury, damage, loss, violation, exercise of rights, act, or omission
is caused or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the sole
negligence of Indemnitees, or any of them, unmixed with the fault of any other
person or entity, and including all expenses of litigation, court costs, and
attorneys' fees, which arise, or are claimed to arise, out of or in connection
with the asserted or recovered incident. We covenant and agree that, if City is
made a party to any litigation against us or in any litigation commenced by
any party, other than us relating to this oversized/overweight permit, we shall,
upon receipt of reasonable notice regarding the commencement of or threat of
litigation or presentation of a claim, at our expense, investigate all claims and
demands, attend to their settlement or other disposition, defend City in all
actions based thereon with legal counsel satisfactory to the City Attorney, and
pay all charges of attorneys and all other costs and expenses of any kind
whatsoever arising from any the liability, injury, damage, loss, demand, claim,
or action.
Page l of 2
EXHIBIT F -- POCCA Oversized Loads -- Indemnity Agreement 05182011
In the event of any damage to the City streets or any improvements or utilities within the street
rights-of-way, whether the improvements or utilities are owned by the City or a third party, we shall
(i) give immediate written notice of the damage or destruction to City, which notice shall include a
description of the damage and, as far as known to us, the cause of the damage, and (ii) take such
action as may be required under applicable municipal ordinances and other laws, rules and
regulations with respect to any damage or destruction. We are also obligated to promptly remove all
debris resulting from such damage or destruction, and we will take any actions necessary to place
the City streets in a neat, safe condition. If we fail to immediately remove all of the debris or take
actions as is necessary to place the City streets in a safe condition, the City has the right (but not the
obligation) to do so, whereupon we will pay the City, upon demand, the cost and expense incurred
by the City accomplishing necessary action. Any failure by us to make such payment to the City
may be treated by the City as a violation of the permit, and the City may suspend any other
oversized/overweight vehicle permits to us and refuse to issue any additional oversized/overweight
vehicle permits to us until the payments required by this agreement are paid.
[Insert Name of Applicant]
Name:
Title:
THE STATE OF TEXAS
COUNTY OF NUECES
§
§
This instrument was acknowledged before me on , 2011, by [NAME]
, [TITLE] , [NAME OF ENTITY]
, a Texas [TYPE OF ENTITY] , on behalf of the
[TYPE OF ENTITY]
Notary Public
State of Texas
Page 2 of 2
EXHIBIT F -- POCCA Oversized Loads -- Indemnity Agreement 05182011
EXHIBIT G
OVERSIZED/OVERWEIGHT VEHICLE/LOAD PERMIT
INSURANCE REQUIREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
A. Permittee may not commence work under an oversized/overweight
vehicle/load permit until all insurance required by this exhibit has been
obtained and the insurance has been approved by the City or its permit
agent, the Port of Corpus Christi Authority. Permittee may not allow any
subcontractor to commence work until the subcontractor has been
obtained similar insurance.
B. Permittee shall furnish to the City's Risk Manager, two (2) copies of
Certificates of Insurance, 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 the Permittee shall furnish to the City's Risk Manager, a copy of the
endorsement naming the City as an additional insured. 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 all certificates or by policy endorsement
Bodily Injury and Property Damage
Per occurrence aggregate
COMMERCIAL GENERAL LIABILITY including:
1. Commercial Broad Form
2. Premises — Operations
3. Underground Hazard
4. Products/ Completed Operations Hazard
5. Contractual Liability
6. Independent Contractor
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY
1. Owned vehicles
2. Hired and Non -owned Vehicles
$1,000,000 COMBINED SINGLE LIMIT
G-1
EXHIBIT G -- POCCA Oversized Loads -- Insurance 05052011
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND SECTION II OF THIS
EXHIBIT
$500,000
C. In the event of accidents of any kind, Permittee shall furnish the Risk
Manager with copies of all reports of such accidents within 10 days of any
accident.
II. ADDITIONAL REQUIREMENTS
A. Permittee shall obtain workers' compensation coverage through a licensed
insurance company under 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 is entitled, upon request and without expense, to receive copies
of the policies, declarations page, and all endorsements to the policies 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 the parties insured by the policies or the
underwriter of any policies). Permittee shall 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
any changes. All notices under this exhibit must 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 #
G-2
EXHIBIT G -- POCCA Oversized Loads -- Insurance 0505201/
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 policies;
• Provide for an endorsement that the "other insurance" clause does
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 must
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 Tess 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, Permittee shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City has 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 constitutes a material breach of an
oversized/overweight vehicle/load permit.
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 required in this exhibit, the City has the right
to order Permittee to stop work under the permit, until Permittee
demonstrates compliance with the requirements of this exhibit.
G. Nothing in this exhibit may 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 subcontractors
performance of the work covered under an oversized/overweight
vehicle/load permit.
H. It is agreed that Permittee's insurance is 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 an
oversized/overweight vehicle/load permit.
G-3
EXHIBIT G -- POCCA Oversized Loads -- Insurance 05052011
h
I. It is understood and agreed that the insurance required is in addition to
and separate from any other obligation contained in an
oversized/overweight vehicle/load permit.
G-4
EXHIBIT G -- POCCA Oversized Loads -- Insurance 05052011