HomeMy WebLinkAboutC2015-068 - 4/28/2015 - Approved THE STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY
OF NUECES COUNTY,TEXAS
AND THE CITY OF CORPUS CHRISTI
FOR SAM RANKIN STREET UPGRADES
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 governing body,the City Council, and the
PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TEXAS("PCCA"),acting
by and through its governing body,the Port Commission.
WHEREAS,the Port of Corpus Christi has been designated as one of 22 Strategic Military
Seaports in the nation; and
WHEREAS,one of the major responsibilities of a strategic military seaport is to be prepared
to make the port and its facilities available within short notice for the deployment of military forces
and supplies in support of Department of Defense ("DOD")operations; and
WHEREAS, Sam Rankin Street provides access to the heavy cargo dock used to deploy
military forces and supplies at the Port of Corpus Christi; and
WHEREAS, Sam Rankin Street has been rated in poor condition and is in need of
reconstruction to enhance the military value of the Port of Corpus Christi; and
WHEREAS,the City and PCCA desire to cost share the funding of the engineering,design,
roadway construction and utilities work to facilitate the reconstruction of Sam Rankin Street from
Port Avenue to West Broadway Street (the "Project"), and to define the respective maintenance
responsibilities for the roadway and utilities as provided in this Agreement; and
WHEREAS,the City has been approved for Project funds through the Texas Military Value
Revolving Loan Fund; and
WHEREAS,this Agreement is made pursuant to Chapter 791, Texas Government Code;
NOW,THEREFORE,BE IT AGREED BY THE PORT AUTHORITY OF NUECES
COUNTY,TEXAS AND THE CITY OF CORPUS CHRISTI,TEXAS:
2015-068 1
4/28/15
M2015-044
Port Authority of CC INDEXED
SECTION 1. PROJECT SCOPE.
Roadway Limits. The PCCA limit of ownership for Sam Rankin is from the south
edge of Port Avenue right-of way to the centerline of Brewster Street right of way.
The City limit of ownership of Sam Rankin is from the centerline of Brewster Street
right of way to West Broadway right of way. See Exhibit A attached hereto.
Sam Rankin Street Reconstruction. Sam Rankin Street will be reconstructed from
Port Avenue to West Broadway Street with a 28 foot wide road section,to include
curb and gutter, storm water drains, and subsurface storm water sewer system
connected to existing systems at the project limits. The paved section shall be
designed for anticipated traffic loads.
Optional Upgrade. PCCA, at PCCA's discretion, reserves the right to increase the
width of the roadway section to a 32 foot wide road section from Port Avenue to
Resaca Street in order to access PCCA Property located on either side of the Sam
Rankin Street Right of Way.
Utilities. The City,at City's sole discretion,shall determine the need for,and extent,
of upgrades necessary for existing potable water, sanitary sewer, and natural gas
utilities located within the limits of construction along the Sam Rankin Street Right
of Way.
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,related to the reconstruction of the roadway,drainage features,and utilities
within the Sam Rankin Street Right-of-Way, as described herein, as follows:
(a) Total Project Cost. City and PCCA agree to pay their respective pro rata share based
on the respective lengths of roadway ownership (40 percent PCCA and 60 percent
City). See Exhibit B attached hereto.
Total project cost is estimated to be$1,725,383.39,which includes design fees,street
and drainage improvements, utility improvements and a contingency fee. The Port
shall not be responsible for water, waste water or gas improvements within the
project limits. The Port's share of the estimated project costs is$464,941.64. The
City's share of the estimated project costs is $1,260,441.76. The parties
acknowledge that the above amounts are estimates only,and that the final costs will
be determined upon completion of the Project.
(b) Roadway and Drainage Design. City and PCCA agree to pay their respective pro
rata share for the engineering services to design the upgraded pavement section for
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Sam Rankin Street and related drainage improvements. Roadway and drainage
design is to be completed by a professional engineering firm mutually acceptable to
both parties. PCCA will,at PCCA's sole expense and in coordination with the City,
manage the design for the roadway and drainage features.
If PCCA chooses to exercise its option to increase the width of the roadway section
to 32 feet to service PCCA property along the Sam Rankin Street Right-of-Way,
PCCA's percentage of design costs shall increase to 45 percent and the City's share
decrease to 55 percent.
(c) Utility Designs. City will,at City's sole expense,provide designs for potable water,
sanitary sewer,and natural gas utility upgrades determined to be necessary within the
construction limits.
(d) Payment of Engineering Fees. Upon the receipt and acceptance of mutually
acceptable final designs and construction plans and specifications, PCCA will
invoice the City for the City's portion of the design costs incurred by PCCA,
including the cost for any mutually agreed amendments. City will pay PCCA within
60 days of the receipt of the invoice for design costs.
(e) Roadway and Drainage Construction. City and PCCA agree to pay for the
construction of roadway and drainage improvements within their respective limits of
ownership.
If PCCA chooses to exercise its option to increase the width of the roadway section
to 32 feet from Port Avenue to Resaca Street, PCCA will pay for roadway and
drainage construction costs associated with increasing the road width to 32 feet
within the City's Right-of-Way.
(f) Utility Construction. City agrees to pay the construction costs for the upgrade of
potable water, sanitary sewer, and natural gas utilities within the limits of the Sam
Rankin Street construction defined herein.
(g) Contract Management. PCCA will be responsible for contract administration during
the reconstruction of Sam Rankin Street and related utilities,at its expense. City will
provide oversight inspections, as needed, at its expense.
(h) Reimbursement of Construction Costs. City agrees to reimburse PCCA for the costs
of construction under the construction contract after the City has reviewed the final
bids and approved the final construction contract between PCCA and the selected
contractor.
(i) Construction Payment Dates. PCCA will provide City with monthly payment
applications submitted by the construction contractor. Upon City approval of the
payment application, within 7 business days after City receives each payment
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application, PCCA will invoice City for payment of costs incurred. City will pay
PCCA within 60 days of the receipt of the invoice for construction costs.
(j) 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.
(k) Roadway and Drainage Maintenance. After the construction warranty period of one
year from the acceptance date has expired,City and PCCA will maintain the roadway
and drainage improvements within their respective limits of ownership.
(1) Utility Maintenance. After the construction warranty period of one year from the
acceptance date has expired, City will maintain potable water, sanitary sewer, and
natural gas utilities within the reconstructed Sam Rankin Street Right of Way.
(m) Easements. PCCA will grant the City reasonable access to PCCA property or
appropriate easements,as upon terms mutually negotiated and agreed by the parties,
for the maintenance of utilities on PCCA property within the Sam Rankin Street
Right-of-Way.
SECTION 3. TERM OF AGREEMENT.
Initial Term.This Agreement shall be for an initial term of two years,beginning on
the latest date of signature executing this agreement. Beyond the initial term, 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,and agreement of the second party that an extension is
warranted and desirable.
SECTION 4. CHANGE ORDERS
(a) Roadway and Drainage. City and PCCA will be responsible for payment of the cost
of change orders for the road work and drainage improvements within their
respective limits of roadway ownership, or as defined elsewhere herein. The Port
will notify and receive approval from the City of proposed change orders, prior to
authorization.
(b) Utilites. City will be responsible for payment of the cost of change orders related to
potable water, sanitary sewer, and natural gas utilities. The Port will notify and
receive approval from the City of proposed change orders, prior to authorization.
(c) Optional Upgrade. PCCA will be responsible for payment of the cost of change
orders related to increasing the width of the roadway section to 32 feet from Port
Avenue to Resaca Street. The Port will notify and receive approval from the City of
proposed change orders, prior to authorization.
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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
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:
City PCCA
Valerie Gray, P.E. John LaRue
Executive Director Public Works Executive Director
City of Corpus Christi Port of Corpus Christi Authority
1201 Leopard P. O. Box 1541
Corpus Christi, Texas 78401 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.
(f) 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
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officer or agent of the City or Reinvestment Zone or any Port Commissioner,officer,
agent or employee of District.
(g) 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.
(Signatures are on the next page.)
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IN WITNESS HEREOF, the City and PCCA have made and executed this Agreement in
multiple copies, each of which is an original.
CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI
AUTHORITY
katr +-/S07[5 11444)31/)-1`C
Eltive Direc Pu lic Works Date Executive Direct Date
ATTEST:
?Jt1012-eAX,.
City Secretary Date
APPROVED AS TO FORM:
AlfZ 11-341
/OPY sistant City Attorney Date
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BEGRRARY
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EXHIBIT A—Aerial Map of Project Limits
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EXHIBIT'A"
EXHIBIT B—Project Costs
Port Corpus Christi
Sam Rankin St.
(N.Port Ave.to W.Broadway St.)
lee Breakdown
I/ Funding Source II
Street I Street Storm Water I Storm Water • Water Wastewater
Item Description (POCC) (City CC) (POCC) (City CC) Dept. Dept. Total
A Basic Services
1 Deign Phase',$ 26,Sb2./0 5 39,844 05 5 j 36=b' S 14,046.91 $ 22,060.90 $ 21.229.54 1$ 133,108.72
2 Bid Phase!$ 1,562.51 $ 2,343.77 5 557.66 5 826.29 $ 1,297.70 5 1.248.801$ 7,829.92
3 Construction Phase!$ "25. 5 1 101 7 2 5 1,65258 $ 2,595.40 5 2.497.59 i$_ 15,659.85
0 2 5 4,687.54
Basic Services Total;$ 31,250.24 $ 46,875.365._._11,017.18 $ 16,525.78 $ 25,954.01 $ 24,975.93 j$ 156,598.49
B Additional Services;
Topograpn c Survey 5 2,800.00 S2,80O.0D
Additional Services'
Total $ • $ 2,800.00.$ • $ - 5 - $ - S 2,800.00
Total;$ 31,250.24 j$ 49,675.36 I$ 11,017.18 $ 16,525.78 5 25,954,01 $ 24,975.93 $ 159,398.49
C Estimated Construction Cost including 15%Contingencies(2015 Dollars}: •
I$ 312,502.38'$ 468,753.57;$ 1_2.171.84 5 165,257.76 5 259,540.25 $ 249,759.30 $1,565,984.90
D Project Total ;
I$ 343,752.62 $ 518,428.93 $ 121,189.02 I$ 181,78354 5 285,494.06 I$ 274,735.23•$1,725,383.39