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Home My WebLink AboutC2018-393 - 8/14/2018 - Approved INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY—CORPUS CHRISTI FOR AESTHETIC SURFACE PAINTING ON ENNIS JOSLIN ROAD This Interlocal Cooperation Agreement("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 Christi, a member of The Texas A&M University System, an agency of the State of Texas ("University"). WHEREAS, the University has requested permission to paint multiple surfaces at the intersection of Highway 358 and Ennis Joslin Road; and WHEREAS,the City entered into a Municipal Maintenance Agreement("MMA")with the Texas Department of Transportation("TXDOT")on April 10,2012,that allows the City of Corpus Christi to enter into this third-party agreement for surface painting; and WHEREAS, the aesthetic surface painting does not meet the definition of a commercial sign under the Highway Beautification Act. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, TEXAS AND TEXAS A&M UNIVERSITY-CORPUS CHRISTI: The parties agree that neither party is an agent, servant or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. 1. University Responsibilities. a. The University shall use labor and supervisory personnel employed directly by the University or its contractor to paint surfaces for aesthetic purposes at the locations listed on Exhibit A attached hereto and made a part of hereof. b. All installation or maintenance work performed by the University or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control Devices. The University shall submit a traffic control plan from a licensed engineer to the City for review and approval prior to conducting any installation or maintenance work. c. The University shall provide the City a complete set of design drawings and installation plans for review. The installation plans shall include all aspects of the proposed work including but not limited to paint specifications meeting the latest edition of TXDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. d. The University shall initiate corrections regarding any failure of materials or installation methods within 48 hours of notification by the City. e. The University shall pay the City for all costs identified in Section 3 of this Agreement within 30 days of receiving a true and correct invoice. C2018-393 8/14/18 Res. 031506 TAMU-CC sr1ArJMIrn a. By mutual agreement of both parties; b. By the City giving written notice to the University as consequence of failure by the University to maintain the surfaces in a presentable manner and perform the services and obligations set forth in this Agreement. The City's written notice to the University shall describe the default and the proposed termination date. If the University cures the default before the proposed termination date, the proposed termination is ineffective; c. By either party for convenience upon thirty (30)days written notice to the other. Upon termination, the University shall restore the surfaces to their original condition and remove all paint from the location within thirty (30) days of notice of termination by either party. Any work performed by the City to restore the surfaces shall be charged to the University. 7. Remedies. Violation or breach of contract terms by the University shall be grounds for termination of this Agreement,and any increased costs arising from the University default,breach of contract or violation of terms shall be paid for by the University. This Agreement shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 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(Agreement Inquiries) Phone# Texas A&M University—Corpus Christi 6300 Ocean Drive, Unit 5731 Corpus Christi TX 78412-5731 with copy to: Director of Marketing(Maintenance Inquiries) 361-825-3020 Texas A&M University-Corpus Christi 6300 Ocean Drive, Unit 5726 Corpus Christi, TX 78412-5726 City: City Manager(Agreement Inquiries) City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 with copy to: Solid Waste Operations, Graffiti Group(Maintenance Inquiries) Phone: 361-826-1972 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 3 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 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. 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. 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, or designee, as required by the Act. TEXAS A&M UNIVERISTY - CITY OF CORPUS CHRISTI CORPUS CHRISTI � �I, 1 ). ,.�vi.(,, Terry tI, um Date) :l: ie H. Gr. , P. . Iate1 Executive Vice-President Executive Director of Public Works Finance and Administration Texas A&M University-Corpus Christi ATTEST: Rebecca Huerta, City Secretary (Date) APPROV' I AS TO F• ; : APPROVED AS TO LEGAL FORM: fir, /74 9 g-(s- Katherine Knight (Date) ne hitehead (Date) Assistant General Counsel • ssistant City Attorney Office of General Counsel The Texas A&M University System p Qc 03 S (p . t� ,AU 1 NUKI &• 0 MINCH. L) 4 4i SFCprrAo EXHIBIT A • 1( 1-t a 'i1/4N,,N_ IS dos ,,;. . �t YYY�� N ';r N RD,, SCALE: N.T.S. s �1* AERIAL FLOWN 2014 r 1,,,, r / _ .7 --, Aiiiii PROPOSED � '� .t °: -.ill • ,- • '" ': _ TAMUCC UNDERPASS PAINTING ,. • • R' ,' ' AT SPID & ENNIS JOSLIN _ TS.P.I.D. VW NM,s / t _ pp ee t y • ' a __ ss R a ? , t-! , i. a v iblettl"t1 f ..,.. y O .-.,1 ;- IMM'..;,,s -4,{t NI; ee 1 A }i C. HI ' l . - .•� w . WILLIAMS DR. , ' 4111 dll, PROPOSED TAMUCC UNDERPASS PAINTING CITY OF CORPUS CHRISTI,TEXAS VICINITY MAP DEPARTMENT OF STREET OPERATIONS