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Home My WebLink About10841 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. -2- 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, -4- 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 r r' 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