HomeMy WebLinkAboutC2009-006 - 1/13/2009 - ApprovedContract No CS09-CCC-22
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
I. CONTRACTING PARTIES:
The Texas Department of Transportation TxDOT
City of Corpus Christi Local Government
II. PURPOSE: Interlocal cooperation agreement between the Local Government and the TxDOT
concerning the Local Government's Municipal Separate Storm Sewer System (MS4) TEXAS
POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT No. WQ0004200000 issued by
the Texas Commission on Environmental Quality (TCEQ).
III. STATEMENT OF SERVICES TO BE PERFORMED: The Local Government will undertake and carry
out services described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $ Zero and shall
conform to the provisions of Attachment B, Budget.
V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party. This contract begins when fully executed by both
parties and terminates as provided in this Agreement in Attachment C, Article 6.
VI. LEGAL AUTHORITY:
THE PARTIES certify that the services provided under this contract are services that are properly within
the legal authority of the Contracting Parties
The governing body, by resolution or ordinance, dated I( ~ 3 ~O ( ,has authorized the Local
Government to provide the scope of services
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget,
Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance and
Attachment E, Location Map Showing Project.
City of Corpus Christi
By
~%~
AUT ZED SIGNATURE
~ i
~~rs L Z. C, ~-~6c.~'
TYPED OR PRINTED NAME AND TITLE
Title ~~ L~ 1~/Lo~/-ace~r
FOR THE S TE OF TEXAS
Date ~ 1 / ~ / a'`
AlporodaeloLigdtam: - _ _og
MNOn oe Oc~nas
As~bt9rrt City Attorney
For Clly Attorney
Executed f r th Executive irector nd approved for the Texas Transportation Commission for the
purpose a eff ct o a ivati g nd or carrying out the orders, established policies or work programs
heretofore pp ve and auth ri a by the Texas Transportation Commission.
By ~; Date ~
Rus I Lenz, P.E.
2009-006 T~PS • O b ~_, qU 1 UKIL..~
Res. 028011 ®T COUNCIL 1~~3......,~.'O~
01/13/09 ~"`'"~''"
TxDOT ~~~".....°.. ~~
Page 1 Of 1 SEf,IZfTA~~Revised 02/01/2008
Contract No CS09-CCC-22
ATTACHMENT A
Scope of Services
RESPONSIBILITIES OF THE PARTIES. Each party individually responsible for:
a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the
operator;
b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for which they are
operator;
c. Compliance with annual reporting requirements;
d. Collection of representative wet weather monitoring data, according to such agreements established
between parties;
e. A plan of action to assume responsibility for implementation of the storm water management and
monitoring programs on their portions of the MS4 should inter jurisdictional agreements allocating
responsibility between parties be dissolved or in default; and
f. The Local Government agrees to provide, upon written request by TxDOT a copy of any record that the
Permit requires the Local Government to make and include in its annual report to TCEQ, including any
records relating to a storm water discharge alleged to be an illicit discharge that entered the TxDOT right-
of-way and that appeared to originate from points within the jurisdictional control of the Local
Government.
2. SHARED RESPONSIBILITIES.
a. Spill Prevention and Response. If either the Local Government or TxDOT becomes aware of a spill,
disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in an amount that
may be harmful, and that may flow, leak, enter, or otherwise be introduced, or threaten to be released, into
the MS4 operated by the other (an "Incident"), the Local Government or TxDOT, as the case may be, shall
promptly notify the other party of the Incident, describing the location and source of the release, the type of
substance, the concentration and the volume (if known), and any corrective action known to have been
taken.
• TxDOT shall notify Local Government of any Incident by calling the Local Government's
Customer Service Call Center at (381) 828-2489.
• Local Government shall notify TxDOT of any Incident by calling TxDOT at (381) 808-2300.
b. The Local Government and TxDOT agree to use all reasonable efforts to regulate and otherwise control, to
the extent of the jurisdiction and authority of each, contaminated storm water discharged onto the property
of the other party.
c. In exchange for any goods provided or services pertormed by the Local Government, TxDOT shall support
the Local Government's educational activities, which may include providing the following: inlet stencils,
program development assistance, environmental training, training manuals, outreach and education
materials, and/or meeting space.
3. NOTICES. Except for the calls required under the Spill Prevention and Response Notification under
§ 2.a. of this Agreement, all notices to parties under this Agreement shall be in writing and sent to the names and
address stated below. Either party to the Agreement may change the name and address by notice to the other in
accordance herewith, and any change shall take effect immediately upon receipt of the notice.
TO TxDOT: Texas Department of Transportation
Attn: Environmental Quality Specialist
Corpus Christi District
P.O. Box 9907
Corpus Christi, TX 78469
TO CITY: City of Corpus Christi
Attn: Environmental Services Superintendent
Storm Water Department
P.O. Box 9277
Corpus Christi, TX 78469-9277
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Contract No CS09-CCC-22
ATTACHMENT B
Budget
No money is to change hands as part of this agreement; the budget is zero dollars.
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Contract No CS09-CCC-22
ATTACHMENT C
General Terms and Conditions
Article 1. Additional Work
A. If the Local Government is of the opinion that any assigned work is beyond the scope of this
contract and constitutes additional work, it shall promptly notify TxDOT in writing. The written
notice shall present the relevant facts and show how the work constitutes additional work.
B. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so
advise the Local Government and a written amendment will be executed. The Local Government
shall not perform any proposed additional work or incur any additional costs before the execution
of an amendment.
C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by
the Local Government relating to additional work that is performed before an amendment is
executed or that is outside the scope of the contract, as amended.
Article 2. Amendments
This contract may only be amended by written agreement executed by both parties before the
contract is terminated.
Article 3. Notice to Proceed
If Attachment A requires a notice to proceed, the Local Government shall not proceed with any work
or incur any costs until TxDOT issues a written notice to the Local Government authorizing work to
begin. Any costs incurred by the Local Government before receiving the notice are not eligible for
reimbursement.
Article 4. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most
recent contract shall prevail.
Article 5. Nonconforming Work
If the Local Government submits work that does not comply with the terms of this contract, TxDOT
shall instruct the Local Government to make any revisions that are necessary to bring the work into
compliance with the contract. No additional compensation shall be paid for this work.
Article 6. Termination
This Agreement may be terminated by any of the following methods:
a. By mutual consent of the signatories or their designees, with the approval of the TCEQ.
b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as
set forth in this Agreement, and with the approval of the TCEQ.
c. If termination is due to the failure of either party to fulfill its obligations under this
Agreement, the other party shall be notified in writing that a possible breach of contract has
occurred. The noncomplying party shall then have 30 days after such notice to respond
and/or cure such alleged breach of contract before this Agreement may be terminated. If 3C
days elapses after notice without a cure of such alleged breach, the TCEQ shall be notified
that a possible termination may occur.
Article 7. Funding '
TxDOT shall pay for services from appropriation items or accounts from which like expenditures
would normally be paid. Payments received by the Local Government shall be credited to the current
appropriation items or accounts from which expenditures of that character were originally made. If for
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Contract No CS09-CCC-22
any reason subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local
Government for their services, the Local Government shall pay the subcontractors and suppliers all
undisputed amounts due for work no more than 10 days after the Local Government receives
payment for the work unless a different time is specified by law. This requirement also applies to all
lower-tier subcontractors and suppliers and must be incorporated in all subcontracts. If the Local
Government fails to comply with this Article, TxDOT may withhold payments and suspend work until
the subcontractors and suppliers are paid. The Local Government is authorized to submit requests for
reimbursement no more frequently than monthly and no later than ninety (90) days after costs are
incurred.
Article 8. Basis for Calculating Reimbursement Costs
TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services
authorized in Attachment A, Scope of Services, subject to the cost categories and estimated costs set
forth in Attachment B, Budget. TxDOT shall compensate the Local Government for only those eligible
expenses incurred during this contract that are directly attributable to the completed portion of the
work covered by this contract, provided that the work has been completed in a manner satisfactory
and acceptable to TxDOT. The Local Government shall not incur or be reimbursed for any new
obligations after the effective date of termination. The Local Government shall bill TxDOT for actual
travel expenses, not to exceed the limits reimbursable under state law. Out-of-state or out-of-country
travel by the Local Government requires prior approval by TxDOT.
Article 9. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The
only exceptions allowed are ordinary business lunches and items that have received the advanced
written approval of the Executive Director of the Texas Department of Transportation.
Article 10. Conflict of Interest
The Local Government shall not assign an employee to a project if the employee:
A. owns an interest in or is an officer or employee of a business entity that has or may have a
contract with the state relating to the project;
B. has a direct or indirect financial interest in the outcome of the project;
C. has performed services regarding the subject matter of the project for an entity that has a direct
or indirect financial interest in the outcome of the project or that has or may have a contract with
TxDOT; or
D. is a current part-time or full-time employee of TxDOT.
Article 11. Local Government Resources
All employees of the Local Government shall have adequate knowledge and experience to enable
them to perform the duties assigned to them. The Local Government certifies that it currently has
adequate qualified personnel in its employment to perform the work required under this contract or
will be able to obtain adequate qualified personnel from sources other than TxDOT. On receipt of
written notice from TxDOT detailing supporting factors and evidence, the Local Government shall
remove from the project any employee of the Local Government who is incompetent or whose
conduct becomes detrimental to the work. Unless otherwise specified, the Local Government shall
furnish all equipment, materials, supplies, and other resources required to perform the work.
Article 12. Assignment Subcontracts
A subcontract may not be executed by the Local Government without prior written authorization by
TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this
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Contract No CS09-CCC-22
contract. No subcontract will relieve the Local Government of its responsibility under this contract.
Neither party shall assign any interest in this agreement.
Article 13. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 14. Disputes
The Local Government shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of contract services. TxDOT shall be
responsible for the settlement of any dispute concerning this contract unless the dispute involves a
subcontract.
Article 15. Records and Ownership
A. The Local Government agrees to maintain all books, documents, papers, accounting records, and
other evidence pertaining to costs at its office during the contract period and for four years from
the date of final payment under the contract. These materials shall be made available for
inspection and copying by TxDOT, by the State Auditor's Office, and by their authorized
representatives. If the contract is federally funded, these materials shall also be made available
for inspection and copying by the U.S. Department of Transportation and by the Office of the
Inspector General.
B. After completion or termination of this contract, all documents prepared by the Local Government
or furnished to the Local Government by TxDOT shall be delivered to and become the property of
TxDOT. All sketches, photographs, calculations, and other data prepared under this contract shall
be made available, on request, to TxDOT without restriction or limitation of further use.
C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including
copyrights, trade and service marks, trade secrets, and patentable devices or methods) arising
from or developed under this contract.
D. Except to the extent that a specific provision of this contract states to the contrary, all equipment
purchased by the Local Government or its subcontractors under this contract shall be owned by
TxDOT and will be delivered to TxDOT at the time the contract is completed or terminated.
E. The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the State Auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. An entity that is
the subject of an audit or investigation must provide the State Auditor with access to any
information the State Auditor considers relevant to the investigation or audit.
Article 16. Reference to Costs Principles and Circulars
Reimbursement with state or federal funds will be limited to costs determined to be reasonable and
allowable under cost principles establish in OMB Circular A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." The parties
shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the
single audit report includes the coverage stipulated in OMB Circular A-133.
Article 17. Equal Employment Opportunity
The Local Government agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented by Department of Labor
regulations, 41 CFR Part 60. The Local Government agrees to consider minority universities for
subcontracts when the opportunity exists. The Local Government warrants that it has developed and
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Contract No CS09-CCC-22
has on file appropriate affirmative action programs as required by applicable rules and regulations of
the Secretary of Labor.
Article 18. Nondiscrimination
A. The Local Government shall comply with the regulations of the U.S. Department of Transportation
relating to nondiscrimination in federally-assisted programs, including 49 CFR, Part 21; 23 CFR,
Subchapter C; and 41 CFR, Part 60-74 (the Regulations).
B. The Local Government, with regard to the work performed during this agreement, shall not
discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment.
C. In all solicitations either by competitive bidding or negotiation made by the Local Government for
work to be performed under a subcontract, including procurements of materials and leases of
equipment, but not including routine purchase orders, each potential subcontractor or supplier
shall be notified by the Local Government of the Local Government's obligations under this
agreement and the Regulations.
D. The Local Government shall provide all information and reports required by the Regulations and
directives issued under the Regulations and shall permit access to its books, records, accounts,
other sources of information, and facilities as may be determined by the Texas Department of
Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance
with the Regulations or directives. If any information required of the Local Government is in the
exclusive possession of another who fails or refuses to furnish this information, the Local
Government shall so certify to the Texas Department of Transportation or the U.S. Department of
Transportation, whichever is appropriate, and shall set forth what efforts the Local Government
has made to obtain the requested information.
E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this
agreement, the Texas Department of Transportation shall impose such sanctions as it or the U:S.
Department of Transportation may determine to be appropriate.
F. The Local Government shall include the provisions of paragraphs A through E in every
subcontract, including procurements of materials and leases of equipment, except routine
purchase orders, unless exempt by the Regulations or directives. The Local Government shall
take such lawful action with respect to any subcontract or procurement as the Texas Department
of Transportation may direct as a means of enforcing these provisions, including sanctions for
noncompliance. In the event the Local Government becomes involved in or is threatened with
litigation with a subcontractor or supplier as a result of directions given by TxDOT, the Local
Government may request the Texas Department of Transportation to enter into the litigation to
protect the interests of the State. In addition, the Local Government may request the United
States to enter into litigation to protect the interests of the United States.
Article 19. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. After receiving a written request from TxDOT,
the Local Government shall furnish TxDOT with satisfactory proof of its compliance with this Article.
Article 20. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
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Contract No CS09-CCC-22
ATTACHMENT D
Resolution or Ordinance
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RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CITY OF CORPUS CHRISTI
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
(TPDES) PERMIT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an
Interlocal Cooperation Agreement with the Texas Department of Transportation
in connection with the City of Corpus Christi Municipal Separate Storm Sewer
System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit.
ATTEST:
ic~~-~A~'~--
Armando Chapa
City Secretary
CI OF CORPUS CHRISTI
H my Gar ~,r/~W~ /
Mayor
A~f~OVED AS T ~ORM: 30-Dec-08
Veronica Ocanas
Assistant City Attorney
For City Attorney
~~~~~~
H:\LEG-DIR\Veronica0\4. STORMWATER\..... a g e n d a items\t 1309N 1309 RESO Interlocal TxDOT
Cooermittee. TPDES Permit.doc 1 OF 2
day o 2009.
The above resolution was passed by the following vote:
Henry Garrett /~
Melody Cooper (A~^ ~
Larry Elizondo, Sr. t~,V~Q
Mike Hummell
Bill Kelly ~~
Priscilla G. Leal A'
John E. Marez Jim`'" .-~
Nelda Martinez ! `/f~ ~^ f
Michael McCutchon !.`t~
H:\LEG-DIR\VeronicaOkl. STORMWATER\..... a g e n d a items\11309\11309 RESO Interloral TxDOT 2 OF 2
Cooermittee. TPDES Pennit.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CITY OF CORPUS CHRISTI
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
(TPDES) PERMIT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an
Interlocal Cooperation Agreement with the Texas Department of Transportation
in connection with the City of Corpus Christi Municipal Separate Storm Sewer
System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit.
ATTES/CT`t"Y`^'u' ~~(`{'J/
L/ 4" ~-
Armando Chapa 66~~-------
City Secretary
CI OF CORPUS CHRISTI
H my Gar uN,(/~W~
Mayor
APPf~OVED AS T ~ORM: 30-Dec-08
Veronica Ocanas
Assistant City Attorney
For City Attorney
~~'~~~~
H:\LEG-DIR\Veronica0\4. STORMWATERI ....agenda items\17309\11309 RESO Interlocal TxDOT
Cooermittee. TPDES Permit.doc 1 OF 2
day o ~ 2009.
The above resolution was passed by the following vote:
Henry Garrett /~~
Melody Cooper !nn~~
Larry Elizondo, Sr. Id~V-bQ.
Mike Hummell
Bill Kelly ~~i~
Priscilla G. Leal ~~
John E. Marez ~~
Nelda Martinez ~ ~^1
Michael McCutchon ~^A
n`~~i1~1
H:\LEG-DIR\Veronica0\4. STORMWATERI ....agenda items\11309\11309 RESO Interloral TxDOT 2 OF 2
Copermittee. TPDES Pennit.doc
ATTACHMENT E
Location Maps Showing Project
Contract No CS09-CCC-22
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