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COUNTY ROAD 52 EXTENSION PHASE 2 PROJECT
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI &
NUECES COUNTY
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and
between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a Texas municipal corporation and
home-rule city, acting by and through its duly authorized City Manager or designee upon
authority of its governing body, the Corpus Christi City Council and NUECES COUNTY, TEXAS
("County"), acting by and through its duly authorized County Judge or designee upon authority
of its governing body, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and in
accordance with the provisions of Chapter 791, as amended, Texas Government Code.
WITNESSETH
WHEREAS, for the mutual benefit of the parties and the residents of the City and
County, the City and County desire to fund and provide for the extension of CR52 from County
Road 69 to FM 1889 ("Project"); and
WHEREAS, Texas Government Code Section 791.028 authorizes the City and County
to enter into this Agreement; and
WHEREAS, in 2012, the City called an election to finance certain improvements and
development projects to be financed by general obligation bonds the repayment of which are
payable from and secured by the annual levy and collection within the legal limits permitted by
law of the City's ad valorem tax("Bond 2012"); and
WHEREAS, the Corpus Christi City Council ("Council") adopted Ordinance 029589
consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which
proposition eight ("Proposition 8"), relating to economic development projects, was successful;
and
WHEREAS, Proposition 8 gives the City the ability to expend certain Bond 2012
proceeds for particular capital projects, including "designing, constructing, renovating,
improving, and equipping City streets, sidewalks, and related facilities that are expected to
promote and expand business activities in the City"; and
WHEREAS, Proposition 8 gives priority to, among other economic development
projects, County Road 52 Extension, generally from County Road 69 to FM 1889 (contingent
upon receipt of leveraging funds) ("CR 52 Extension Phase 2" or"Phase 2" or"the Project"); and
WHEREAS, the City may therefore provide financial contribution and assistance for
Phase 2 for the economic development purposes stated under Proposition 8 of Bond 2012;
WHEREAS, the County will perform, or cause to be performed, the Project activities,
including planning and alignment, design, land acquisition, construction and maintenance
therefore; and
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Nueces County
WHEREAS, the parties acknowledge and agree that the City may, at the County's
request, assist the County in preparing documents and communications for the County and
provide right-of-way service to the County, and that the County will be responsible for
performing, or causing to be performed, the following Project-related activities with the
assistance of the City upon request of the County: (a) negotiate with Nueces Electric
Cooperative ("NEC") and all other owners of property within the planned Project limits; (b)
determine what amounts to offer NEC and each of the other property owners as just
compensation; (c) determine whether to acquire a right-of-way easement from NEC and each of
the other property owners, or to determine whether it is in the best interest of the County to
instead acquire a fee simple interest; (d) execute real estate agreements, sales contracts,
easements, and property instruments; (e) acquire property interests in its own name; (f) accept
the property interests in the name of the County; and (h) maintain the property interests and the
CR 52 Extension Phase 2 Road ("Roadway"); and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter
set forth, the City and the County do agree as follows:
AGREEMENT
SECTION 1. PURPOSE FOR PARTICIPATION.
For the mutual benefit of the parties and the residents of the City of Corpus Christi and
Nueces County, Texas, City and County desire to outline the terms by which each party will
contribute to the Project.
SECTION 2. OBLIGATIONS OF CITY AND COUNTY.
For and in consideration of the covenants and agreements of the parties set forth herein,
City and County agree to contribute to the Project costs necessary to facilitate the
construction of improvements to renovate, extend and expand CR 52 from County Road 69
to FM 1889 (heretofore defined as the "Project," also referred to herein as the "Work"). The
Project limits are shown in the attached Exhibit "A."
a) Funding. City and County agree to contribute up to $2,000,000 each for costs
associated with the Project ("Project Funds"), including but not limited to engineering
services to design and prepare construction plans, easements, property and land
acquisition, construction costs, drainage adjustments, utility relocation, storm water
improvements, legal expenses, advertising, printing, and miscellaneous expenses.
i. If construction bids exceed the total amounts anticipated to be paid for
construction by the parties under this Agreement, based upon the engineer's
cost projection the County may, in its discretion, opt to reject all construction
bids, re-scope and re-bid the Project.
ii. The City has incurred certain Project costs in the amount of $272,630.79 (as
shown in the attached Exhibit B). Therefore, the City will deduct an amount of
$272,630.79 from the maximum amount of $2,000,000 that it will contribute
under this Agreement, for a total remaining balance of $1,727,369.21 subject
to any deduction as set out in (c) herein ("City's Remaining Project Fund
Balance" or"City's RPFB").
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iii. It is mutually agreed that the total Project costs under this Agreement will not
exceed $4,000,000. As this "Phase 2 portion" of County Road 52 lies solely
within the jurisdiction of Nueces County, the parties acknowledge that the County
may decide to increase its funding to fund further improvement to this Phase 2
portion of County Road 52, however any such increased funding of the County
will not be considered part of this Agreement, and such increase will not require
any commitment of matching funds by the City.
iv. The parties agree to be responsible and prudent with the Project Funds. Except
as otherwise provided in this Agreement, before entering into any agreement for
the Project, whether verbal or written, the parties agree to fully negotiate to the
extent allowed under law all fees with potential service providers, and, where
applicable, to make a good faith effort to either require a potential service
provider to reduce its fees, or to require a re-scoping of the Work necessary to
reduce costs, so that Project Funds are used responsibly to pay for fees, prices
and expenses considered fair and reasonable fees or prices for those services
when compared to fees and prices for the same or similar work in the
engineering field or construction industry of Nueces County, Texas. No Project
Funds may be expended for any Project costs or services, including services for
engineering, construction, construction management, observation or inspection
services, without complying with this section.
b) Payments. The City will reimburse the County for half of the Project expenses
incurred by the County up to an amount equal to the City's RPFB, upon receipt of
paid invoices, itemized and accompanied by supporting documentation. Nothing in
this Agreement may be construed to require or cause either the City or the County to
pay an amount exceeding $2,000,000.00 for the Project.
c) Property & Land Acquisition. The County agrees to acquire or have acquired any
construction easements, rights-of-way, and utility easements that may be necessary
for Project, and to conduct or have conducted proceedings, if any, to condemn by
use of the power of eminent domain. The County agrees to acquire the necessary
property rights in the name of the County. The City has assisted and will continue to
assist the County with Property and Land Acquisition by providing certain land
acquisition/right-of-way services. At County's direction the City is acquiring the
necessary property rights in the City's name and will transfer the acquired property
rights to the County. The County must agree to the specific land acquisition and
amount of any expenditure for the land acquisition. Land acquisition expenditures
incurred by the City will be deducted from the City's RPFB.
d) Design and Installation of Roadway. The road is to be a County Road and
subject to the County's standards, therefore the County has decided and the
City acknowledges that the Roadway will be built to the same standards and
specifications as that portion of roadway or "the NEC driveway" built by NEC,
found within Project limits.
e) Maintenance. As long as it remains a county road, County will maintain the roadway
constructed under this Phase 2 and any other improvements. This paragraph will
survive expiration of this Agreement.
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f) Payment Dates. The County will provide the City with the necessary invoices on a
monthly basis in accordance with this Agreement. The City will provide
reimbursement or payment pursuant to the terms of this Agreement for necessary
Project costs within 30 days from the date of receipt of the County's invoice
submittal.
g) Contract Management and Administration, Testing. County will be responsible for all
planning, design and construction activities, including all contract administration for
the Project. County will provide construction observation, management and
inspection services and provide, through an independent third party provider, the
necessary geotechnical services, engineering materials inspection, testing and
laboratory services. The cost of contract management and administration and testing
as set out in this paragraph will be paid by Project Funds. The City will have neither
first nor prior approval rights of decisions related to Contract Management and
Administration, Testing.
h) Change Orders. The County will negotiate, approve, and execute all Change Orders
as part of contract management and administration. The City will have neither first
nor prior approval rights of a Change Order.
i) Project Plans, Specifications, and Cost Estimates. The County will procure and
approve the Project Plans, Specifications, and Cost Estimates, as well as advertise
and proceed to solicit bids for the construction of the Work. The City will have neither
first nor prior approval rights of the Project Plans, Specifications, or Cost Estimates.
SECTION 3. TERM OF AGREEMENT.
The term of this Agreement shall be from the date signed and authorized by the parties
until the County's final acceptance of the Work or City's last payment up to $2,000,000,
whichever occurs later. This Agreement may be extended upon written agreement of the
parties.
SECTION 4. MISCELLANEOUS.
a) 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 County and City as required by Chapter 791, Texas Government Code, or any
other manner permitted by law, as permitted by and in accordance with Section
791.028, as amended, Texas Government Code.
b) 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 County or City in their respective rights
and obligations contained in the valid terms, covenants or conditions hereof.
c) 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.
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d) Written Amendment. This Agreement may be amended only by written instrument
duly executed on behalf of each party. The authorized representatives may execute
minor amendments without obtaining prior approval from their respective governing
bodies if the minor amendment would change neither the amounts nor the
responsibilities agreed to by either party under this original Agreement.
e) Notices. All notices required or permitted must be in writing and will be deemed
delivered when actually received or, if earlier, on the fifth business day (5th) 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 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 COUNTY
City of Corpus Christi Nueces County
Attn: Director, Engineering Services Attn: County Engineer
1201 Leopard St., 3rd floor 901 Leopard St.
Corpus Christi, Texas 78401 Corpus Christi, Texas 78401
w/ copy to: w/copy to:
Gustavo Gonzalez, P.E. Samuel L. Neal, Jr.
Assistant City Manager County Judge
PO Box 1541 /1201 Leopard, 5th Floor 901 Leopard Room 303
Corpus Christi, Texas 78401 Corpus Christi, Texas 78401
f) 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.
g) 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 of the City of Corpus Christi, or any officer, agent or employee of the
City, or any County Commissioner, officer, agent or employee of the County.
h) No Waiver of Immunity. No party waives or relinquishes any immunity or defense on
behalf of itself, its officers, employees, agents and representatives as a result of its
executing this Agreement and performance of its covenants.
i) No Third Party Beneficiaries. No provision of this Agreement is intended or may be
construed to confer upon or give to any person or entity other than the signatories to
this Agreement any rights, remedies or other benefits under or by reason of this
Agreement.
IN WITNESS HEREOF, the City and County have made and executed this Agreement in
multiple copies, each of which is an original.
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CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS
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Gust vo Gonzal , .E. Date Samuel L. Neal, Jr. ate
Assis ant City Ma ager Public Works & Utilities County Judge
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becca Huerta Date Kara Sands Date
City Secretary —7/a_0) l S County Clerk
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County Road 52- Phase 2 Exhibit A
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Exhibit B to Interlocal with City and County for CR 52, Phase 2
COUNTY ROAD 52, PHASE 2
Revised Expenses as of June 8, 2015
Expenses to Date
(Includes
ACTUALS TO DATE: Encumbrances)
* Engineering Services 259,349.86
Land Acquisition Services 12,857.35
Advertising and Printing 423.58
TOTAL: 272,630.79
* Engineering Services Charges:
Naismith NE Agreement (executed March 26, 2013) 241,692.50
Kleinfelder Central Inc. (executed May 15, 2013) 9,000.00
Engineering Services reimbursements 8,657.36
259,349.86