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HomeMy WebLinkAboutC2005-711 - 12/20/2005 - Approved INrJ ERI0CAL GOVERNMENT AGREEMENT BETWEEN CITY OF CORPUS CHRISTL TEXAS AND SAN PATRICIO MUNICIPAL WATER DISTRICT RELA TING TO CONSTRUCTION OF THE HONDO CREEK BRIDGE AT RINCON BAYOU PUMP STATION AND W.A. EDWARDS PUMP STATION ON NORTH BANK OF Nl JECES RIVER WHEREAS THI' CITY OF CORPUS CHRISTI, TEXAS, a Home Rule City (Hereinafter ''City''). is the owner and operator of a municipal water supply system project known as "Rincon Bayou Pump Station"; and WHEREAS SAN PATRICIO MUNICIPAL WATER DISTRICT, a political -;ubdivlsion of the State of 1 exas, duly created by the Legislature of Texas (hereinafter 'District"), owns and operates a project known as "W,A. Edwards Pump Station"; and WHEREAS the DIstrict has an easement from Leo J. Webster, et aI, as Grantors to the District, dated August I, 1963. recorded in V 0] 293, Page 499. et seq of the Deed Records If San Patricio County. 1 exas, to lay a water line and to "grade up and maintain a road for ,ts use within the area of the right-of-way and to install a bridge...where such waterline and road cross a small bayou flowing from the west into the Nueces River." The easement 2005-711 12/20/05 Res026578 San Patricio Municipal Water further provided "';uch mad shall not be a public road. but shall be used solely for the use of Grantee's agents. officers and employees in connection with the necessary discharge of their duties.. ". On August 27. 1963. Leo Welder, et at as Grantors. did convey a Supplemental Easement to The District which conveyed an additional roadway easement sixty (60) feet wide by :' 50 feet in length, more or less. to connect the previous waterline and easement cited above lhis portion includes the roadway from the entrance of the property to the beginning of the SIXty (60) foot easement described in Volume 293, page 499, et seq. This Supplemental Easement IS filed of record in Vol. 294. Page 494, et seq. of the Deed Records of San Patricio County, rexas. The District has constructed, and currently maintains, the Road and Bridge authorized by the easement (The "Improvements"). The property. the subject to The District easement, is now owned by Koch Pipeline Company. L.P. and R. Bryan Gulley and nothing in the easement granted to The District allows The District to authorize an) entity, other than itself: to use or enjoy such easements. Upon the eil) of Corpus Christi entering into an agreement with both Koch Pipeline Compan). L.P. and R. Brvan Gulley authorizing The City of Corpus Christi to use the subject road and bridge easements, The District and The City have agreed to enter into an Interlocal Ciovernmental Agreement which authorizes the use of the road and bridge by The City upon the terms and conditions therein set forth. .2 The City of Corpus Christi and The District agree that the Bridge, heretofore constructed and maintained hy The District, needs to be replaced. AGREEMENT NOW THEREF( )RE. The City and The District agree as follows: ARTICLE I DEFINITION OF TERMS 1.0 I Definitionof Terms: The following terms and expressions as used in This Contract unless the context clearly shows otherwise, shall have the following meanings: A "Construclion cose means all costs and expenses ofthe Project, including (for greater certainty hut without limiting the generality of the foregoing), the cost of utllities, the costs of engineering, supplies, services and equipment necessary for proper construction ofthe Project, costs of complying with all permits, licenses and regulatory requirements. The term does not include the cost of acquiring right-of-way. B "Project means the construction of a new bridge located on the herein above described easements described in the preamble hereof (the "'Easements"), and all appurtenances necessary therefor. ~ ARTICLE. 2. ~)WNERSHIP OF THE PROJECT 2 01 Ownership of the Project: The District is currently the Owner of the improvements located on the easements herein described, and will remain the Owner after completion of the project. ARTICLE three. PAYMENT 3.01 The Project: lbe City will be the primary contractor to design, contract for and build a bridge across the Hondo Creek on the easements herein described. 3.02 Costs: The costs of engineering design, testing, construction and all other costs directly related to the work required to complete the project. will be split between the Parties. The City will pay 40.2700 of such costs and The District shall pay 59.73% of such costs., a shown on he attached Exhibit A. ~ ~---- The City shall certifY any incurred costs to The Dist~ The District shall remit such certIfied costs withm forty-five (45) days. 3.U3 Remedies Upon Default: A If either party determines that the other party is in default under this Contract, the part) claiminll det~lUlt by the other party shall give written notice to the other party, which states speci fically the nature of the default and the remedy for the default that the part)' intends to seek. The notice must be mailed to the defaulting party at the 4 address provided in Section 404 of this Contract. The defaulting party has or will have sixt, (60) davs in which to cure the detault, or if such default cannot be "" '. .' reasonably cured within such sixty (60) day period, the defaulting party shall use reasonable efforts to undertake to cure such default as timely as possible. If the defaulting party does not cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within sixty (60) days, OJ if the default cannot be reasonably cured within a sixty (60) day period, and the defaulting party does not use reasonable efforts to undertake to cure the default and relmburse the party not in default for any and all cost incurred as a result of the breach, the party claiming detault may seek any remedy available at law or equity, including an action in mandamus or for specific performance. B No waiver of any breach or default by any party or of performance may be deemed a wai ver in the future. nor may any waiver be deemed or construed to be waiver of subsequent breach or default of any kind. character, or description, under an.\ circumstance" 3.04 Payments from current revenues. All payments made under this Interlocal Agreement shall be made from current revenues available to the District or the City. 3.llS F air compensation, The payments made under this Interlocal Agreement fairly compensate the party providing the function or service. 5 ARTICLE 4. COMPLlANCEWITH FEDERAL STATE AND LOCAL LAWS 4 I) I Compliance WIth Federal. State and Local Laws. This Contract is subject to all applicable Federal and State I Jaws and any applicable permits, approvals, ordinances, rules, orders and regulalions of any local. state Of Federal government authority having or asserting Jurisdiction. Lach party to this agreement will obtain all permits, licenses and approvals necessary to perform this Contract. The City will be responsible for all costs of complying with its permits, licenses and approvals. The District will be responsible for all costs of complying with Its permits. licenses and approvals, but these costs shall be included in the Operation and Maintenance Expenses. ARTICLE 5. FORCE MAJEURE 5.rll Force Maieure. I l' by reason of force majeure, any party hereto shall be rendered unable wholly (ir in part to carry out its obligations under this Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notIce, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove Of overcome such inability with all reasonable dispatch. The term '"force majeurel' as employed herein shall mean acts of God, strikes, lockouts, or other mdustrial disturbancesl acts of public enemies, statutes. regulations and orders of any kind 6 (If tht' g. wernment of the l ,oited States or the State of Texas, or any civil or military authont) msurrection, flots, epidemics. landslides. lightning. earthquake, fires, hurricanes, ~torms, noods. washouts, droughts. arrests. restraint of government and people, civil disturbances, explosions. breakage or accidents to machinery, ARTICLE 6. DEFAULT 6.01 Dehmlt. It is not intended hereby to specifY (and this Contract shall not be considered as specifYing) an exclusive remedy for any default, but all such other remedies ; other than termination) existing at law or in equity may be availed of by any party hereto and shall be cumulative. No waivers of any breach of default (or any breaches or defaults) by any party hereto or of perfonnam:e shall be deemed a waiver thereof in the future, nor shall any such waiver or waivers be deemed or construed to be waived of subsequent breaches of defaults of any kind. character, or description. under any circumstances. ARTICLE 7. POINT OF CONTACT 7.0 I Point of Contact. Each party will designate an employee for giving notice and communicating with respect to all matters concerning this Agreement. 7 rhe initial points (If ~:Onlact are District: San Patricio Municipal Water District P.O. Box 940 Ingleside, Texas 78362 reJephone: (361) 643-6521 CIty: Cit\ of Corpus Christi C/O City Manager PJ l, Box 9277 Corpus ChristL Texas 78469 ARTICLE 8. TERM 8.0 I Term. rhis Contract shall be in full force and effect as set forth in Section 9.07, and shall be automatically renewed annually unless canceled by either party by giving at least one (1) year's advance written notice to the other party. ARTICLE 9. MISCELLANEOUS 9.111 Entire Agreement. This Contract, including any exhibits attached hereto and made a part hereof constitutes the entire agreement between the parties and supersedes all prior or contemporane( >us understandings or representations whether oral or written, respecting the subject matter herein. 9.112 No Third Party Beneficiaries. . I'his Contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered third party beneticiaries of this Contract. Each party hereto shall be solely 8 responsihle for the fulfillment of its contracts or commitments and the other parties to this Contract ...hall not he construed to he responsible for same by virtue of this Contract or any provision contained herein. 9 03 Severability. The provisions of this Contract are severable, and if any word, phrase. clause, sentence. paragraph. section or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent I urisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such word. phrase, clause. sentence, paragraph, section, or other part of this ( ontract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as If such invalid or unconstitutional portion had never been contained therein. 9.04 Notice. Notices to be provided hereunder shall be sufficient ifforwarded to the other party by hand-delivery or via U.S. Postal Service, postage prepaid, to the address fo the other party shown below: SAN PATRICIa MUNICIPAL WATER DISTRICT C'O General Manager PO. Box 940 lngleside. Texas "78362 CITY OF CaRPI IS CHRISTI CO City Manager P.O. Box 9277 Corpus Christi, 1 exas 78469 9 9.t15 Good f aitl]. ~'ach ofthe parties to this Contract is obligated to use good faith m pertorming its obligations under this Contract. and in making it possible for the other parties to perfonn thcir nbligations under this Contract. 9.06 Texas Law to Apply. This Contract shall be construed under and in accordance with the law, of the State of Texas and venue to any disputes arising hereunder ~hall he 10 a court of competent jurisdiction in the County where the project is located, in whole or m part. rhe effective date of this Contract is i~"- ~ 9.07 Effective Date ---., , ~\_ L,(4~~\ L ~~_ ') \1 SAN P A TRlCIO MUNICIPAL WATER DISTRICT ., .. BY~ m.s1, ~" '///'" " .o~~---4-~ Secretaf\ CITY ~RPlJS CHRISTI BY: '1A--- - --~--_.- ~- Secretaf\ " Approved as to form: L zit sit?) f, ,\.., ./ '.....,- ,., oil,! C,cltl',i,;l t .' ._....L:::~../..;;;.::,i:';... M- ~'lIt;llC"_"'___' .-_.._..........IO-..._~ ~f-:~U~v- 10 HONDO CREEK BRIDGE EXPENSES -.--..-.-----.....-. -.-,--.-.--.--. ITEM AMOUNT ENTITY - CONSTRUCTION 532,676.00 RAMOS INDUSTRIES I HDR (Pyle Sub) . SURVEY 865.00 --...-. -,..._._-,---- · DESIGN 64,590.00 HDR ~_._---.._,-,---- PERMITTING 2,000.00 HDR I PRELIMINARY GEOTECHNICAL 7,300.00 HDR (Klienfelder Sub) . BID PHASE 2,000.00 HDR , : CONSTRUCTION ADMINISTRATION 34,150.00 HDR CONSTRUCTION OBSERVATION 65,490.00 ANDERSON GROUP CONSTRUCTION TESTING 32,270.00 KLlENFELDER, INC. TOTAL 741,341.00 ----_._.._...._.~._~ ,'-. "-'---"--'-~---'-- EXHIBIT A