HomeMy WebLinkAboutC2015-098 - 7/21/2015 - Approved THE STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL AGREEMENT BETWEEN THE
REGIONAL TRANSPORTATION AUTHORITY AND
THE CITY OF CORPUS CHRISTI
FOR THE IMPROVEMENT OF LA RETAMA PARK
This Interlocal Agreement is made between Regional Transportation Authority in
Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter
451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a
municipal corporation and home-rule city, acting by and through its governing body, the
City Council.
WHEREAS, the Corpus Christi City Council ("Council") adopted an ordinance
consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which
proposition four ("Proposition 4"), relating to parks and recreation improvements, was
successful; and
WHEREAS, Proposition 4 gave the City the ability to expend bond proceeds for
public purposes including designing, constructing, renovating, improving and equipping
City parks and recreation facilities; and
WHEREAS, the City will provide $75,000.00 in bond funds to improve La Retama
Park ("Project") as part of the 2012 Bond Program to reduce the park's maintenance
requirements, enhance its attractiveness and offer amenities for continued use as a public
outdoor venue; and
WHEREAS, the RTA will provide $70,000.00 in funds for the transit-related
elements of the Project;
NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION
AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS:
1. La Retama Park — Scope of Project. The renovations and improvements to La
Retama Park include resurfacing the park with ADA-compliant material, new landscaping
and irrigation systems and addition of a bike rack, drinking fountain and litter stations.
Additive alternatives include new lighting and electrical connections and new site
furnishings.
2. Project Management. The City will be responsible for the design and
construction of the Project. The City agrees, subject to RTA's review and approval of the
construction plans and specifications, to bid the Project. The City will oversee
construction and perform inspection services.
2015-098
7/21/15
Ord.030561
Regional Transportation Authority INDEXED
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3. Funding Commitment. RTA will provide $70,000.00 for the Project. RTA will
pay City no later than thirty (30) days following the effective date of this Agreement.
4. Change Orders. All change orders will be reviewed by both the City and RTA.
The City will give final approval of all Change Orders.
5. Final Inspection. The City will notify RTA of the date that the project should be
complete so that a final inspection can be performed. RTA may participate in the final
inspection and acceptance of the Project
6. Signage. During the construction, in the event of any installation of signage
reflecting the investment of City Bond funds into the Project, the RTA may also install a
sign at the same location reflecting the investment of RTA funds in the Project.
7. Term of Agreement. This Agreement shall be for an initial term of one year or
until final acceptance of the Project, whichever date occurs first.
8. Disadvantaged Business Enterprises. The City agrees to include such
provisions in its construction documents as are reasonably required in order to promote
the use of disadvantaged business enterprises in connection with the construction of the
Project and comply with Title VI of the Civil Rights Act.
9. Payments. Any payment made by either the City or the RTA for any of the
services provided pursuant to this Agreement shall be made out of current revenues
available to such parties as required by the Inter-local Cooperation Act. All funding
obligations of the RTA and the City under this Agreement are subject to the appropriation
of funds by each entity in its annual budget.
10. Notices. Notices under this Agreement shall be addressed to the parties as
indicated below, or changed by written notice to such effect, and shall be effected when
delivered or when deposited in the U.S. Mail, post pre-paid, certified mail, return receipt
requested.
RTA: CEO
Regional Transportation Authority
5658 Bear Lane
Corpus Christi, Texas 78405
CITY: City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attn: Director, Capital Programs
11. Performance. This Agreement shall be performed in Nueces County, Texas,
and shall be interpreted according to the laws of the State of Texas.
12. Severability Clause. If any portion of this Agreement or the application thereof
to any person or circumstance shall be held to be invalid or unconstitutional by any court
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of competent jurisdiction, the remainder of this Agreement shall not be affected thereby
and shall continue to be enforceable in accordance with its terms.
13. 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 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.
14. Assignment. This Agreement shall be binding on and inure to the benefit of
the parties to this Agreement and their respective successors and permitted assigns. This
Agreement may not be assigned by any party without the written consent of all of the
other parties.
15. Entire Agreement. This Agreement represents the entire agreement between
the parties and may not be modified by any oral agreements or understandings. Any
amendments must be made in writing and signed by all parties.
16. Inter-local Cooperation Act. This Agreement is subject to the terms and
provisions of the Texas Inter-local Cooperation Act, codified as Chapter 791 of the Texas
Local Government Code. Further, each party represents that this agreement has been
duly passed and approved by its governing body, as required by the Act.
17. 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.
IN WITNESS HEREOF, the City and County have made and executed this
Agreement in multiple copies, each of which is an original.
CORPUS CHRISTI REGIONAL CITY OF CORPUS CHRISTI
TRANSPORTATION AUTHORITY
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JorgeAtruz-Aedo, Interim CEO (Date) rie Gra (Date)
E ecutive Direct.r Public Works
ATTEST:
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Off , Rebecca Huerta, City Secretary (Date)
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PM4FTACv
Assistant City Attorney (Date)
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