HomeMy WebLinkAbout10841 ORD - 05/03/1972JRR:JKH:5 -1 -72
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE TEXAS STATE HIGHWAY DEPARTMENT FOR THE
CONSTRUCTION AND MAINTENANCE OF AIRPORT ROAD AND
MORGAN STREET INTERSECTION, AND SOUTH STAPLES AND
SWANTNER FROM 18TH STREET TO ANNAPOLIS, BOTH PROJECTS
BEING PART OF THE "TOPICS" PROGRAM AS APPROVED BY
THE HIGHWAY COMMISSION MINUTE ORDEIS 64966 AND 64967,
ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE HIGHWAY DEPARTMENT FOR THE
CONSTRUCTION AND MAINTENANCE OF AIRPORT ROAD AND MORGAN STREET INTERSECTION,
AND SOUTH STAPLES AND SWANTNER FROM 18TH STREET TO ANNAPOLIS, BOTH PROJECTS
BEING PART OF THE "TOPICS" PROGRAM AS APPROVED BY THE HIGHWAY COMMISSION
MINUTE ORDERS 64966 AND 64967, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,
A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART
HEREOF.
SECTION 2. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AFORESAID AGREEMENT FOR THE PURPOSES AFORESAID IN
ORDER THAT THE DESCRIBED STREET IMPROVEMENTS MAY PROCEED WITHOUT DELAY
CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING
THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND
HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE
IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE,6Aki DAY OF M , 1972.
ATTEST:
O
CITY SECRETA MAYOR
APPROVED: THE CITY OF CORSHRISTI, TEXAS
_35 DAY OF MAY, 1972:
Itj'S r
4 CITY ATTDRN T 10841
Y e1
C 1052 -. J16 -1
T 9007(2) & (3)
Nueces County
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS tt
COUNTY OF NUECES
This AGREEMENT, made this day of , 1972, by and
between the State of Texas, acting through the Texas Highway Department, hereinafter
s
called the "State ", Party of the First Part, and the City of Corpus Christi, Nueces
County, Texas, acting by and through its duly authorized officers, hereinafter called
the "City ", Party of the Second Part;
W I T N E S S E T H `
WHEREAS, the City has requested the State to construct the following "projects ",
(1) South Staple Street and Swantner Street, (extending from 18th Street Southeast
to Annapolis Drive), New Traffic Signalization, Intersection Widening and Pavement
Overlay, and (2) Airport Road, FM 665, Morgan Street Intersection (F.M. Highway
665 from 650 feet West of Morgan Street to 500 feet North of Morgan Street). Curb,
Intersection Improvements and Widening, Right Turn Lanes, Illumination and Signal-
ization; and
WHEREAS, it has been determined that such work is eligible for Federal -Aid
participation under an Urban "Traffic Operations Program to Increase Capacity and
Safety" (TOPICS); and
WHEREAS, The State Highway Commission approved a program of work which includes
these projects; and
WHEREAS, the State and the City wish to cooperate, as evidenced in City
Resolution 10293 adopting Texas Highway Commission Minute Order No. 64966 and No.
64967, thereby agreeing to the general terms and conditions under Which the projects
will be constructed; and
WHEREAS, Minute Order No. 64966 and No. 64967 directed the State Highway Engineer
to enter into an agreement with the City of Corpus Christi covering details of the
projects.
AGREEMENT
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, it is agreed as follows:
Project Authorization
It is understood and agreed between the parties hereto that the City by virtue
of the provisions of its charter and the laws of the State of Texas has exclusive control
of and jurisdiction over all streets and public ways within the incorporated limits
of such City, and that the City has requested and consented to the construction of the
project and the State in the construction of such project does so at the special
instance and request of the City. The City, in consideration of the mutual covenants
herein contained, does hereby agree to and does hereby authorize the State to make
the improvements included in the project at the locations and in the manner shown
on the construction plans to be approved by both parties. It is mutually agreed
that as the project is developed to the construction stage, both parties shall approve
such plans.by- signature- approval thereon, and a copy of such plans will be attached
hereto, marked "Exhibit A ", and made a part hereof in all respects.
Construction Responsibilities
All equipment and materials salvaged from the existing signal and control
installation as shown and listed in Exhibit C, shall be removed by and released to
the City of Corpus Christi at no cost credit to the State.
The modernization and /or installation of the traffic signals will be a part
of the construction to be undertaken by the City, and the State will pay to the
City the cost of said construction on a "Force Account" basis, the specifics to
be stated under Special Conditions.
Special Conditions
The State will reimburse the City the cost of construction of specific traffic
signals at the intersections as shown listed in and as to location and manner of
construction as shown therein and described in the plans and specifications,
"Exhibit -A ", under a "Force Account" basis. Under said "Force Account ", payment
to the City will be made as follows:
1. The State will reimburse the City for properly supported costs incurred in
the adjustment of their facilities under the terms and conditions of this agree-
ment. Costs incurred prior to the issuance of a written "Work Order" by the
State will not be reimbursed. Reimbursement will be made by the State to the
City for labor, equipment, materials, supplies, travel expenses, labor additives
and warehouse or material handling charges provided the City has paid from City
funds their obligations covering items of costs billed. If the City elects to
bill for labor additives, equipment and material handling charges, the rates and
reimbursement are subject to prior agreement hetween the State and City.
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The State will pay the City as follows:
a. Periodic Partial Payments: If the City so elects, the State will make
payment monthly as partial payments which must include properly prepared
and executed Form 132 and a billing summarizing costs by each classification
of costs showing description, quantity, unit price, extensions and total.
Labor additives and material handling rates must be shown as a percentage factor
and applied to the total cost of labor or materials as applicable.
b. Final Billing: Upon completion of the project and final acceptance of the
project by the State, if the City so elects, the State will make one pay-
ment when all work is completed and the City has submitted a final and
complete billing of all costs. This billing must include properly pre=
a,
pared and executed Form 132 and a final bill summarized by each classi-
fication of costs showing description, quantity, unit price and extensions
.and total. Labor additives or burden and material handling rates must
be shown as a percentage factpr and applied to the total cost of labor or
materials as applicable. �.
Unsupported charges or charges after final acceptance by the State will not
be considered eligible for reimbursement. Prior to final payment an audit of
the records supporting the costs claimed will be made. These records must be
made available to authorized representatives of the State and other agencies
involved in the funding of this project during the normal workday. All records
relating to this project must be maintained by the City for 3 years after re-
ceipt of final payment from the State as required by Policy and Procedure
Memorandum 30 -9.
General
The City agrees:
1. To assume the cost of electrical power required for illumination and
signal operations, including that required during test period.
2. In compliance with the Federal Highway Administration's Policy and
Procedure Memorandum 21 -18, the City will maintain its existing traffic engineering
unit which is capable of maintaining and operating the improvements in a manner
satisfactory to the Department.
3. The City will use labor and supervisory personnel employed directly by the
City, and using City -owned machinery, equipment, and vehicles necessary for the
work. In the event, the City does not have the necessary machinery, equipment,
and vehicles necessary to perform the work; machinery, equipment, and vehicles
-3- ,
may be rented or leased as necessary at the 'low bid price submitted by approved
bidders for the equipment, etc. involved.
4. The City will purchase all major items of equipment and material, such as
traffic signal controllers, traffic signal poles, traffic signal heads, vehicle
'detectors, conduits, multiple conductor cable and single conductor wire, for the
complete signal and control system, on competitive bids from at least two compe-
tent and reputable suppliers. All equipment and materials for use on existing
equipment may be purchased by the City from a factory authorized dealer or
distributor for the original basic equipment that is being repaired, modified
or additions made thereto and.the State will reimburse the City for such pur-
...chases,. - On �other Ztems:of =equipment and material, normally carried in stock by
the City, the use of City stock items will be satisfactory and the State will
reimburse the City for the cost of such items, provided these items were purchased
on-competitive bids obtained from at least two competent and reputable suppliers,
and provided the State shall have given prior approval to the use of these items.
All equipment and materials used for the work shall-be new and undepreciated items
purchased at the low bid price submitted by approved bidders for the equipment
or materials involved.
Indemnification
The City agrees to indemnify the State against any and all damages and claims
for damages to adjoining, abutting or other property for which the State is or may
be liable arising out of, incident to or in any way connected with the design, the
installation, the construction, the existence, the use and /or maintenance of such
project and does hereby agree to indemnify the State against any and all court
costs, attorneys' fees and all expenses in connection with suits for such damage
and shall, if requested to do so in writing, assist or relieve the State from
defending any such suits brought against it.
Nothing in this agreement shall be construed to place any liability on the City
for personal injury arising out of the construction of such project. Futhermore,
it is not the intent of this agreement to impose upon the City the liability for
injury to person or property arising out of the construction of the project by the
State's contractor unless the State itself would be liable for such injury or damage.
Nothing herein contained shall be construed to place upon the State any manner
of liability for injury to or death of persons or for damage to or loss of property
arising out of or in any manner connected with the maintenance or use of the project,
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and the City will save the State harmless from any damages arising from said
maintenance and /or use of said project.
It is further understood and agreed between the parties hereto that the
improvement and /or maintenance of the project by the State is for the sole purpose
of providing the traveling public a more adequate travel facility and shall never
be the basis of any claim for State assumption, or participation in the payment,
-of any of the obligations of the City incurred in the improvement, past or present,
of any street project.
In the event the terms of this Agreement are in conflict with the provisions of
any other existing Agreements and /or Contracts between the City and the State, this
Agreement shall take precedence over the existing Agreements and /or Contracts.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the day above stated.
CITY OF CORPUS CHRISTI
By:
City Manager
ATTEST:
City Secretary
APPROVED:
Date
City Attorney
Director of Finance
STATE OF TEXAS
STATE HIGHWAY COMMISSION
Certified as being executed for the purpose
and effect of activating and /or carrying
out the orders, establised policies, or
work programs heretofore approved and
authorized by the State Highway Commission.
By:
Asst. State Highway Engineer under
authority of Commission Minute 60394
RECOMMENDED FOR APPROVAL:
District Engineer
Chief Engineer of Maintenance Operations
Chief Engineer of Highway Design
c
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CORPUS CHRISTI] TEXAS
DAY OF 197
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED1 OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
PEC FULLY,
0
6
YOR
THE CITY OF C P S CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONN i E $ I ZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
- - - - -1�
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
CCd per;
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH 11L�)
THOMAS V. GONZALES -- ��Q-
���)�
GABE LOZANO, $R. - _- ��//•�-/7f
U. HOWARD STARK