HomeMy WebLinkAboutC2016-021 - 2/9/2016 - Approved STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY CORPUS
CHRISTI FOR ENNIS JOSLIN ROAD AT ISLANDER WAY AND
ENNIS JOSLIN ROAD AT NILE DRIVE TRAFFIC IMPROVEMENTS
This Interlocal Agreement is made between the City of Corpus Christi,Texas,("City"), a
municipal corporation and home-rule city, acting by and through its governing body, the City
Council and Texas A&M University-Corpus Cluisti("University").
WHEREAS, the University is developing a new Momentum Campus on Ennis Joslin
Road and requires traffic improvements at the intersection of Ennis Joslin Road and Islander
Way and traffic signal improvements at Ennis Joslin Road and Nile Drive due to the
development;and
WHEREAS, the traffic improvements will benefit the University's Momentum Campus;
and
WHEREAS, the City and the University desire to cooperate in the funding of the traffic
improvements.
NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI,
TEXAS AND TEXAS A&M UNIVERSITY-CORPUS CHRISTI:
1. Ennis Joslin Road Traffic Improvement Project. The City agrees to construct traffic
improvements on Ennis Joslin Road, contingent upon the approval of the Texas Department of
Transportation (TxDOT). The traffic improvements include a traffic signal and a southbound
right turn lane at the intersection of Ennis Joslin Road and Islander Way and a traffic signal
upgrade at the intersection of Ennis Joslin Road and Nile Drive("Project").
2. Design Costs. The City agrees to hire and pay for the design of a traffic signal on
Ennis Joslin Road at Islander Way and the traffic signal upgrade on Ennis Joslin Road at Nile
Drive. The University agrees to hire and pay for the cost of the design of a southbound right turn
lane on Ennis Joslin Road at Islander Way.
3. Construction Costs. The City agrees to bid the Project and oversee construction and
perform inspection services for the Project. The total estimated construction cost for the Project
is $1,372,236.50. The parties acknowledge that this is an estimate only and that the final
construction cost shall be determined upon completion of the Project. The City has secured
federal Transportation Improvement Program funds for the Project through support from the
University, the Corpus Christi Metropolitan Planning Organization and the Corpus Christi
Regional Transportation Authority. The University will provide a maximum not-to-exceed
2016-021
2/09/16
Ord. 030757
TAMC-CC INDEXED
amount of$100,000.00 as part of the 20% local match for construction of the Project with the
City responsible for the balance of the local match.
4. TxDOT Oversight Costs. The University will use its best efforts to seek authorization
from the Board of Regents of the Texas A&M System to provide a permanent easement for
TxDOT and a temporary work space easement for the City's contractor. The University will pay
2%of the associated TxDOT oversight costs.
5. Reimbursement of Costs. City shall invoice University for the FEE for the projects
once the project is complete and accepted by the City. University will pay City within 30 days
from the date of receipt of City's invoice.
6. Term of Agreement. This Agreement shall be for the term required to complete the
Project and for the City to accept the Project with the initial assumption that the Project will be
completed on or before April 1511',..20-1-7: abl b, �C
7. Payments. Any payment made by either the City or the University 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 Interlocal Cooperation Act. All funding obligations of the
University and the City under this Agreement are subject to the appropriation of funds by each
entity in its annual budget.
8. 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.
University: Director—Contracts and Property
Texas A&M University—Corpus Christi
6300 Ocean Drive, Unit 5731
Corpus Christi TX 78412-5731
City: City Traffic Engineer
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469-9277
9. Performance. This Agreement shall be performed in Nueces County, Texas, and shall
be interpreted according to the laws of the State of"Texas.
10. Severability Clause, If any portion of this Agreement or the application thereof to
any person or circumstance shall he 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.
11. 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.
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12. 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.
13. Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of
the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code.
Further, each party represents that this agreement has been duly passed and approved by its
governing body,as required by the Act.
TEXAS A&M UNIVERISTY- CITY OF CORPUS CHRISTI
CORPUS CHRISTI
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Terry Ttium (Date) V;1:rie H.Gra '.E. (Date)
Interim Executive Vice-President Ex Wive Directoro Public Works
Finance and Administration
Texas A&M University-Corpus Christi
ATTEST:
Rebecca Huerle,City Secretary (Date)
AP • d► S TO FORM: APPROVED AS TO LEGAL FORM:
_ IQ ' 2 /� /u1
R.J D'l (Da e) 'anet L. Kellogg (Date)
As•istt t General Counsel Assistant City Attorney
Office of General Counsel
The Texas A&M University System
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