HomeMy WebLinkAboutC2019-287 - 5/21/2019 - Approved INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND
THE SAN PATRICIO MUNICIPAL WATER DISTRICT
FOR CONSTRUCTION OF CORPUS CHRISTI
FIBER OPTIC LINE &WATER LINE IMPROVEMENTS
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by
and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation and
home-rule city ofthe State of Texas,acting by and through its governing body,the City Council
("City")and the SAN PATRICIO MUNICIPAL WATER DISTRICT, a political subdivision
of the State of Texas, duly created by the Legislature of Texas ("District").
WHEREAS, the City owns and operates a regional water supply system that provides
potable water to municipal customers, as well as,wholesale customers like the District; and
WHEREAS, the District is building a new 54-inch to 48-inch treated water pipeline
that will run from the City's 60-in water transmission line located near O. N. Stevens
Water Treatment Plant and the south end of Loma Alta Road to a point near the site of the
Gulf Coast Growth Ventures ("GCGV") PET Plant Project located west of Gregory, San
Patricio County, Texas (the "Project"); and
WHEREAS,in connection with the above-referenced Project,the District will design and
construct a fiber optic conduit approximately 3,600 feet in length running from the proposed
Master Meter on Sharpsburg Road in a southwest direction under IH-37 to connect to City water
lines as depicted in the City Waterline Exhibit attached hereto and incorporated herein as Exhibit
WHEREAS, the District will also design and construct two tees,valves and utility vaults
that are connected to the proposed 54-inch and 48-inch water line for the City's future water
distribution development; one utility vault to be located on the north side of IH-37 and the other
on the south side of IH-37, as depicted in Exhibit"At"and
WHEREAS, upon completion of the above referenced improvements for the City, and
review and acceptance of the improvements by the Executive Director of Utilities for the City of
Corpus Christi, or his authorized representative, the District shall transfer ownership of the
improvements to the City along with all design and construction warranties associated with these
improvements; and
WHEREAS, this Agreement is made pursuant to Chapter 791, Texas Government
Code; and
WHEREAS, all payments due and owing under this Agreement shall be paid with current
revenues available to the City or the District.
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 1
SCANNED
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND
THE SAN PATRICIO MUNICIPAL WATER DISTRICT
FOR CONSTRUCTION OF CORPUS CHRISTI
FIBER OPTIC LINE &WATER LINE IMPROVEMENTS
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by
and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation and
home-rule city ofthe State of Texas,acting by and through its governing body,the City Council
("City")and the SAN PATRICIO MUNICIPAL WATER DISTRICT,a political subdivision
of the State of Texas, duly created by the Legislature of Texas ("District").
WHEREAS, the City owns and operates a regional water supply system that provides
potable water to municipal customers, as well as,wholesale customers like the District; and
WHEREAS,the District is building a new 54-inch to 48-inch treated water pipeline
that will run from the City's 60-in water transmission line located near O. N. Stevens
Water Treatment Plant and the south end of Loma Alta Road to a point near the site of the
Gulf Coast Growth Ventures ("GCGV") PET Plant Project located west of Gregory, San
Patricio County, Texas (the "Project"); and
WHEREAS,in connection with the above-referenced Project,the District will design and
construct a fiber optic conduit approximately 3,600 feet in length running from the proposed
Master Meter on Sharpsburg Road in a southwest direction under IH-37 to connect to City water
lines as depicted in the City Waterline Exhibit attached hereto and incorporated herein as Exhibit
WHEREAS,the District will also design and construct two tees,valves and utility vaults
that are connected to the proposed 54-inch and 48-inch water line for the City's future water
distribution development; one utility vault to be located on the north side of IH-37 and the other
on the south side of IH-37, as depicted in Exhibit"A:"and
WHEREAS, upon completion of the above referenced improvements for the City, and
review and acceptance of the improvements by the Executive Director of Utilities for the City of
Corpus Christi, or his authorized representative, the District shall transfer ownership of the
improvements to the City along with all design and construction warranties associated with these
improvements; and
WHEREAS, this Agreement is made pursuant to Chapter 791,Texas Government
Code; and
WHEREAS, all payments due and owing under this Agreement shall be paid with current
revenues available to the City or the District.
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 1
SCANNED
NOW, THEREFORE, the City of Corpus Christi, Texas and the San Patricio
Municipal Water District hereby agree as follows:
SECTION I. PROJECT SCOPE.
1.01 The District will design and construct a 54-in to 48-in treated water pipeline
that will run from the City's 60-inch water transmission line located near the
O. N. Stevens Water Treatment Plant and the south end of Loma Alta Road to
a point at the Master Meter adjacent to Sharpsburg Road on the north side of
IH-37 as depicted in the Corpus Christi Waterline Exhibit attached hereto as
Exhibit "A."
1.02 The District will also design and construct a fiber optic conduit line from the
Master Meter location on Sharpsburg Road (north of IH-37) which will run
south and under IH-37 to connect to City water lines as depicted in the Corpus
Christi Waterline Exhibit attached hereto as Exhibit "A."
1.03 The District will also design and construct two tees,valves and utility vaults that
are connected to the proposed 54-in and 48-in water line for the City's future water
distribution development,one utility vault to be located on the north side of IH-37 and
the other on the south side of IH-37,as depicted in Exhibit"A"attached hereto.
SECTION 2. OBLIGATIONS OF THE DISTRICT AND THE CITY.
2.01 The District shall design and construct a 54-inch to 48-inch treated water pipeline
that will run from the City's 60-inch water transmission line located near the
O. N. Stevens Water Treatment Plant and the south end of Loma Alta Road to
a point at the Master Meter adjacent to Sharpsburg Road on the north side of
IH-37 as depicted in the Corpus Christi Waterline Exhibit attached hereto as
Exhibit "A."
2.02 The District shall design and construct a fiber optic conduit line to run from the Master
Meter location on Sharpsburg Road south and west under IH-37 to connect to City
water lines as depicted in the Corpus Christi Waterline Exhibit attached hereto as
Exhibit"A."
2.03 The District shall also design and construct two tees, valves and utility vaults that
will be connected to the proposed 54-in and 48-in water line for the City's future
water distribution development,one utility vault to be located on the north side of IH-
37 and the other on the south side of IH-37, as depicted in Corpus Christi Waterline
Exhibit attached hereto as Exhibit "A" (collectively the "City Water Line
Improvements").
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 2
2.04 The District shall ensure that all engineering plans and specifications associated
with the City Water Line Improvements are designed in accordance with
American Water Works Association ("AWWA") specifications and all other
applicable State, Federal and Municipal rules, regulations and specifications
for water pipeline design and construction.
2.05 The District shall provide a copy of the plans and specifications for the City Water
Line Improvements to the Executive Director of City Utilities, or to his authorized
representative, for review and approval prior to the District awarding the contract for
construction of these improvements.
2.06 The District shall advertise the Project for competitive sealed proposal or competitive
bid in accordance with State law.
2.07 The District shall award the Project to the Contractor submitting the proposal or bid
which provides the best value to the District in accordance with Chapter 2269 of the
Texas Government Code or other applicable State law.
2.08 The District shall require that the Contractor who is awarded the work on the City
Water Line Improvements to provide insurance coverage in the minimum amounts
required by the City's Insurance Requirements as set forth in Exhibit "B" attached
hereto.This includes naming the City of Corpus Christi,it's elected officials,officers
and employees as an Additional Insured under those insurance policies specified in
Exhibit"B."
2.09 The District shall require Contractor to furnish a Performance Bond and Payment
Bond for the Project as required by State law. The District further agrees to provide
the City with a copy of the Construction Agreement between the District and
Contractor,along with copies of applicable Certificates of Insurance,Insurance policy
endorsements and copies of the Performance and Payment Bonds.
2.10 The City will reimburse District for all costs associated with the City's Water Line
Improvements (except where those costs which are covered by GCGV) as described
in this Interlocal Agreement and attached Exhibit "A" in an amount not to exceed
THREE HUNDRED THOUSAND AND NO DOLLARS ($300,000.00). The
District will invoice the City for these costs and the City will pay said invoice within
sixty(60)days of receipt. Should the City dispute any costs or charges from District
associated with the design and/or construction of the City's Water Line
Improvements, the District and City shall work to resolve said questions or disputes
as quickly as possible.
2.11 The District shall provide City with a copy of any proposed change orders related to
the City's Water Line Improvements for review and approval before the District
approves any change orders with the Contractor.
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 3
2.12 The District shall submit a copy of As-Built Plans for the City's Water Line
Improvements upon completion of the work and payment by City.
2.13 Upon final payment from the City and final acceptance of the Project by City, the
District shall transfer all right, title, and interest in the City's Water Line
Improvements to the City as described herein and depicted in Exhibit "A." The
District agrees to execute a Bill of Sale and Conveyance or such other documents
required by City to transfer title to the City's Water Line Improvements and related
facilities.
2.14 The District shall transfer any construction warranties or surety bonds applicable to
the City's Water Line Improvements which are still in effect upon City's final
payment.
SECTION 3. TERM OF AGREEMENT
3.01 This Agreement shall become effective upon the date last signed by the parties hereto
and shall remain in full force and effect until the City's Water Line Improvements are
completed, final payment is made, and the District transfers title, ownership and
operation of the City's Water Line Improvements over to the City. However,Section
5 of this Agreement shall survive such transfer for a period of ten(10) years.
SECTION 4. DEFAULT
4.01 If either party determines that the other party is in default under this Agreement, the
party claiming default by the other party shall give written notice to the other party,
which states the nature of the default. The notice must be delivered to the defaulting
party in accordance with the Notice provisions contained herein.The defaulting party
shall have thirty(30) days to cure the default, or if such default cannot be reasonably
cured within said thirty (30) day period, the defaulting party shall use reasonable
efforts to cure the default as soon as possible.
4.02 If the defaulting party does not cure the default and reimburse the party not in default
for any and all costs incurred as a result of the default within thirty(30)days,or if the
default cannot be reasonably cured within a thirty(30)day period, and the defaulting
party does not use reasonable efforts to cure the default and reimburse the party not in
default for any and all costs incurred as a result of the default, the party claiming
default may terminate this Agreement and seek any remedy available at law or in
equity,including an action in mandamus or for specific performance.
SECTION 5. INDEMNIFICATION
5.01 District agrees to indemnify and hold harmless the City of Corpus Christi
and its officials, officers, agents and employees ("Indemnitee") from and
against any and all claims, damages, losses or expenses, including but
not limited to Attorney's fees, court costs, or dispute resolution costs,
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 4
arising out of or resulting from District's obligations under this
Agreement or District's performance of the work, violations of the law, or
bodily injury, death, or destruction of tangible property caused by the
negligent acts or omissions or intentional acts or omissions of the
District or Engineers, Contractors, Subcontractors or Consultants
working for the District or under the control of the District. Provided,
however, nothing herein shall be construed to require District to
indemnify Indemnitee against a claim, loss, damage or expense caused
by the sole negligence or fault of Indemnitee.
5.02 District shall defend Indemnitee with legal counsel satisfactory to the City
Attorney, from and against any and all claims, damages, liabilities or
costs, including reasonable attorney fees and court costs, if the claim is
not based solely on the negligence or intentional act wrongful act of
Indemnitee. If a claim is based wholly or partly on the negligence of,fault
of or breach of contract by Indemnitee, the Consultant shall reimburse
the City's reasonable attorney's fees in proportion to the Consultant's
liability.
SECTION 6. MISCELLANEOUS.
6.01 Amendment. This Interlocal Agreement may be amended only by written
instrument duly executed by authorized representatives of each party.
6.02 Notices. Any notices required or permitted to be given hereunder shall be given in
writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid,
return receipt requested,or(c)by a commercial overnight courier that guarantees next
day delivery and provides a receipt,and such notices shall be addressed as follows:
San Patricio Municipal Water District
Attn: General Manager
P.O. Box 940
Ingleside,Texas 78362
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi,Texas 78469-9277
A copy of the Notice shall also be delivered to:
City Attorney
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469-9277
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 5
6.03 Severability. Any provision or part of this Agreement held to be void or
unenforceable under any laws or regulations shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon District and City,
who agree that this Agreement shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
6.04 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.
6.05 Governing Law and Venue. This Agreement shall be performed in Nueces
County,Texas, and shall be interpreted according to the laws of the State of Texas.
6.06 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 the
other parties.
[End of Page]
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 6
IN WITNESS HEREOF, the City and the District have made and executed this Agreement as of
the date shown below in multiple copies, each of which is an original.
SAN PATRICIO MUNICIPAL CITY OF CORPUS CHRISTI
WATER DISTRICT
4/14/L
Name: az/4AI kin-L-/4"G Name: \ Y 7-ttnorl\
Title: 6rE.Ne/LA-L AtA.n/st Title: Cl IM0.tf\ct Y
Date: MAY /41 201'► Date: (I '0, 019
ATTEST: ATTEST:
, • (4-VerVi7--N
Reb cca Huerta,City Secretary (Date)
APPROVED AS TO FORM: APPROVED : TO LEGAL FORM:
(Date) Assistant City orney
Y ` 321
SECRETAgy
INTERLOCAL COOPERATION AGREEMENT FOR
CORPUS CHRISTI FIBER OPTIC CONDUIT AND
OTHER WATER LINE IMPROVEMENTS 7
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EXHIBIT"B"
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency
to commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one(1)copy of Certificates
of Insurance(COI)with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
is required on all applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence- aggregate
policy endorsements
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
C. In the event of accidents of any kind related to this agreement,Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company.The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in an amount
sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A-VII.
C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations,completed operation and activities of,or on behalf of,the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
E. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage,Contractor shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of
this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor maybe
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services—Services Performed Onsite -Pollution
04/26/2019 sw Risk Management