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Home My WebLink AboutC2009-254 - 7/7/2009 - ApprovedTHE STATE OF TEXAS ~ COUNTY OF NUECES § INTRL~AL ~P~R.~T~~N A~R~11~NT 7'~'~S ~~'~~OA~ ~'~~~' ~'~~ A~~,~VI~ ~"Agreement"} is made by and between the 1T~ ~ ~1'~J CHRISTI, T~~.A { "pity"~, a municipal corporation and home rule city of the State of Texas, acting ~y and through Its governing body, the pity council, and the PART ~UT1=I~IT~ ~F ~ORPU HRIT~ ~"i~CA}'~, acting by and throuh its ga~ernir~g body, the Part ~omrnission. This Areerr~ent is made pursuant to chapter 7~1, Texas overnnaent fade, and is a follows: ETI~N 1. PUP~S~ FAR PARTIIPATI~N. pity and PA desire to fund the adjustment and relocation of water and gas utilities as provided in this Agreement to facilitate the construction ofthe Jae Fulton l~ntemational Trade orridar -- Phase II Pro jest ~"Fulton corridor- Phase II"}for the mutual benefit ofthe parties the residents of ~t } ~ P~Ar SETIDN 2. ~BLIrATI~~S ~~' ~IT~Y Al~l~ PA. For and in consideration of the covenants and agreements of the parties set forth herein, pity and PICA agree to participate in the funding of costs, -including engineering, construction and maintenance to adjus#, relocate and maintain the water and gas utilities necessary to facilitate the construction of the Fulton corridor- Phase IY as follows: ~a~ ~n ineerin Ser~ices~ PEA agrees to pay for the engineering services to design and prepare construction plans to adjust and relocate the water line utility. fib} has Line construction, pity agrees to pay for the construction to adjust and relocate the gas line utility. The gas line utility will have val~res and tees installed prior to October I, 2~~9, when the contractor begins road construction to allow for the gas line utility to be efficiently relocated from beneath the pavement within years of the end of roadway construction. The existing gas line utility i11 be grouted in place. ~c} 'dater Line onstructian. pity and PA agree to each pay one-half of the construction cost to adjust and relocate the water line utility based on amounts bid far such work, plus 1 °Io of the actual construction cost of the water line far Texas Department of Transportation engineering and contingency costs ~"TxD~T-)~I"}. ~d} Pa rnent Dates. pity will pay PA one-half the actual amount bid, plus 1 °I~ TxD~T- l~l as stated in Section ~ ~c} far the watex line utility construction within ~aa9-ZS4 Res, a~8~~~ ~~~~~~~~ ;rt~t -City & POGCA -Joe Fulton ~nt'1 ~`rade corridor Utility Relocation Page 1 of ~ Part A~utharity of ~~' exhibit A ~0 days of the letting date of the Fulton corridor-Phase II project contract which includes construction to adjust and relocate the water line uti~~ty. fie} contract 1Vlanagement. PEA gill be responsible far contract administration during construction to adjust and relocate the water iin and gas utilities at its expense, ~1ty wail provide oversight ~nspectrans, as needed, at its expense. ~~} Pa n~ents. Any payment made by either party hereto for any ofthe services provided pursuant to this Agreement shall be made out of current revenues available to the PEA and pity as required by chapter 7~, Texas government bode. fig} Maintenance. Aber the construction warranty period ofane year from the acceptance date has expired, pity will maintain the water line and gas utilities. ~h} Easements. PA wild grant the pity access to any of its property or easements for the maintenance ofthe water line and gas utilities. ETI~N 3. TE1~ OF AGREEMENT. Initial Term. This Agreement shall be for an initial term afane year. This Agreement is subject to extension from year to year by either party upon written notice provided to the ether party at least sixty ~0} days prior to the expiration of the initial term or . any extension, ETI~N 4. ~HAN~E ODE water Eine. pity and PA will each be responsible for payrnent of one-half the cast of change orders for the water line adj ustments. The Port will notify and receive approval from the pity of proposed change orders, prior to authari~ation. eirnbursenr~ent by pity to PA will include the 1 °l~ Tx~~T E ~ fee described in section ~ {c} of this Agreement. ETI~N ~. MIELLANE~U. ~} everabili . ~n the event any tern, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any ether term, covenant or condition herein contained, provided that such invalidity does riot materially pre j udice either PA or pity in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. fib} Entire Agreement. This Agreerrient merges the prior negotiations and understandings of the parties hereto and enahadies the entire agreement of the parties, and there are na other agreements, assurances, conditions, covenants express ar implied ar other 2 Interl~~al Agmt -City & P~CCA -Joe Fulton Int'1 Trade Corridor Utility Relocation Exh~~it A Page ~ 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 nay 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 actuall received or, if earlier, on the third 3rd} day y following deposit in a United States Postal Service post office or receptacle with proper postage affxed 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 send1ng party. The initial addresses of the parties, which one party nay change by giving written notice of its changed address to the other party, are as follows. C~ PEA Angel Escobar, P.E. John LaRue City 1Vlanaer Executive director pity of corpus hrlsti Port of corpus Christi Authority I ~~ 1 leopard P. ~. Box I S41 corpus Christi, Texas 7S4D~ corpus Christi, Texas 754 fie} NonFwaiver, Failure of any ply hereto to insist on the strict performance of any of the agreements herein or to exercise any rights Qr remedies accruing hereunder upon default or failure of performance sha11 not be considered a waiver ofthe 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. ~~ 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 ofthe pity or Reinvestment done or any Port ona~nissioner, officer, agent or employee of district. fig} No waiver of Imuni . No party hereto waives or relinquishes any irrirnunity 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. 3 interjocal Agmt -City & FDCCA -Jae Fulton lnt'1 Trade Corridor Utility Relacatian exhibit A Page 3 0~ 4 ~ '~T~E HER.EO~`, the 1 and I~~~trict ha'Ve rr~ade and executed this Agreement In mult~p~e copies, each of v~hich rs an original. City ger ate ATTEST: ~ io o~ City Secretary ate APPROVED ,A T~ F~~: ~b ~l'1~ ~ ce' ~ , Assistant City Atta ey Date ~~ ~$~~~o ~~1Tll i~ .;,..,,..,,~........ ~C . SECRETARY ~. u~~~~ u~~ l~(~' ~ ~Hkl~~~ ~~ AUTHORITY Executive Dir or Date /v4~~ ~~4~`~ d d ~i v`~ 4 lnterlocal Agmt - pity & P4~CA -Joe Fulton Int't Trade arridor Utility Relocation ~xhi6it A Page 4 of 4