HomeMy WebLinkAboutC2015-099 - 7/21/2015 - Approved INTERLOCAL AGREEMENT
(Staples Street Center Street Improvements)
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 RTA is developing a new customer service center, administrative
offices, and lease space at the intersection of Staples Street and Leopard Street in Corpus Christi
(the"Staples Street Center");
WHEREAS, the City is planning to reconstruct the blocks of Staples Street adjacent to
and leading up to the Staples Street Center approved as part of the 2012 Bond Program (the
"Staples Street Project"), and the RTA has determined a need to reconstruct Mestina Street,
between Artesian and Staples Streets,and Artesian Street,between Leopard and Mestina Streets)
adjacent to and leading up to the Staples Street Center(the"Mestina/Artesian Project");and •
WHEREAS, the City and the RTA desire to cooperate in the reconstruction of such
streets in order to minimize the inconvenience to bus passengers and motorists and save taxpayer
funds;
NOW, THEREFORE, BE IT AGREED BY THE REGIONAL
TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI,TEXAS:
1. Mestina/Artesian Street Project. The City agrees to construct the Mestina/Artesian
Street Project in conjunction with its construction of the Staples Street Project. The estimated
construction cost for the Project is $648,036, plus a$23,000 betterment fund,with a contingency
of$100,000. The RTA agrees to hire and pay for the cost of the design consultants estimated in
the amount of$55,993 and testing fees estimated in the amount of$9,988. The City agrees to
bid the Mestina/Artesian Project and oversee construction and perform inspection services. All
costs of such construction, except for the inspection services fee, shall be paid by the RTA. The
parties acknowledge that the above amounts are estimates only, and that the fmal costs shall be
determined upon completion of the Project.
2. Reimbursement of Construction Costs. RTA agrees to reimburse the City for the costs
of construction under the construction contract after the RTA's CEO has reviewed the final bids
and approved the final construction contract between the City and the selected contractor. City
shall invoice RTA monthly for costs incurred on the Mestina/Artesian Street Project. RTA will
pay City within 30 days from the date of receipt of City's invoice.
3. RTA Response Required. RTA acknowledges that the City will be overseeing
construction of the Project. RTA agrees to adhere to the decisions of the City Inspector on the
Project. RTA will respond within three(3)days to all requests or inquiries from the City.
2015-099
7/21/15
Ord.030563 INDEXED
Regional Transportation Authority
4. Timing of Construction. The RTA agrees to cause the plans and specifications for the
Mestina/Artesian Project to be completed in sufficient time to allow the City to bid the Project
and commence construction by June 1, 2015. The City agrees, subject to the RTA's completion
of the plans and specifications, to bid the Project so that construction may be commenced by
such date. The parties agree that the construction of the Mestina/Artesian Project along with that
portion of the Staples Street Project between Leopard Street and Lipan Street shall be completed
by December 31,2015, in order to minimize traffic delays for bus passengers and motorists.
5. Term of Agreement. This Agreement shall be for an initial term of one year with all
construction to be completed by December 31,2015.
6. Coordination With Area Construction. The parties acknowledge that the RTA shall
have its Staples Street Center construction project underway, and the City shall have its Staples
Street roadway improvements construction underway at the same time as construction of this
Project. The parties agree to cooperate in the coordination of their respective contractors and
projects in order to minimize delays and interference with their respective projects.
7. 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.
8. 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.
9. 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: City Manager
10. Performance. This Agreement shall be performed in Nueces County, Texas, and
shall be interpreted according to the laws of the State of Texas.
11. 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 of
competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall
continue to be enforceable in accordance with its terms.
12. 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.
13. 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.
14. 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.
Executed this 01 day of 015.
CORPUS CHRISTI REGIONAL CITY OF CORPUS CHRISTI
TRANSPORTATION AUTHORITY
By /�•�► ��ng2! By
41.41
Scott Neeley, ! Ronald L. O on, City anager
ATTEST:
-12J,Q4,C,Ge•
r/G P±5 2 Rebecca Huerta, City Secretary
• YY'..-- UtnvJu,.
sr moo(
t ,� I APPROVED AS TO LEGAL FORM:
This I day ofd, 2015.
2
ity Attorney
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