HomeMy WebLinkAbout04518 ORD - 04/25/1956IMS:AC:4 /25/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
:BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A MEMO-
RANDUM OF UNDERSTANDING BETWEEN DISTRICT ENGINEER, GAL -
VESTON DISTRICT, AND CITY OF CORPUS CHRISTI, TEXAS, AS
TO THE GENERAL PROCEDURE WHICH WILL BE FOLLOWED IN MAKING
PAYMENTS BY THE GOVERNMENT TO THE CITY, AS THE BRIDGE
OWNER; AND TO EXECUTE AN ORDER OF APPORTIONMENT IN
CONNECT- THE RELOCATION OF THE BASCULE BRIDGE
AND CONSTRUCTION OF THE TULE LAKE CHANNEL CROSSING [BRIDGE,
A COPY OF WHICH ORDER AND AGREEMENT IS ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY THAT THE CITY JOIN IN AN ORDER OF APPOR-
TIONMENT AGREEMENT WITH THE DISTRICT ENGINEER, GALVESTON DISTRICT, AND A MEMO-
RANDUM OF UNDERSTANDING CONCERNING THE GENERAL PROCEDURES FOR MAIN NG PAYMENTS,
AND SUCH AGREEMENTS HAVE BEEN SUBMITTED FOR EXECUTION BY THE CITY:
N0.1, THEREF (ORE, BE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF
COI'PU� CHRISTI, TEXA::
SECTION 1. THAT THE CITY I,IAHAGER DE AND HE IS HEREBY AUTHORIZED
AND DI ^ECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A I *IEIIO-
RANDUM OF UNDERSTAiDIFIG BETWEEN DISTRICT EIIGIHEER, GALVESTON DISTRICT, AND THE
CITY OF CORPUS CHRISTI, TEXAS, AS TO THE GEti ERAL PROCEDURE WHICH WILL BC FOLLOWED
IN HAILING PAYMENTS OY THE GOVERNMENT TO THE CITY, AS THE BRIDGE OWNER; AND TO
EXECUTE AN ORDER OF AP PORT I ONiMENT, IN CDNH ECTION WITH THE RELOCATION OF THE
BASCULE BRIDGE AND CONSTRUCTION OF THE TULE LAKE CHANNEL CROSSING BRIDGE, A
COPY OF WHICH ORDER AND AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR IMMEDIATELY EXECUTING SAID INSTRUMENTS
TO FACILITATE THE COMMENCEMENT OF CONSTRUCTION ON THE PROJECT OF REMOVAL AND RE-
LOCATION OF THE 3ASCULE BRIDGE AND CONSTRUCTION OF THE TULE LAKE CHANNEL CROSSING
BRIDGE CREATES A PUBLIC EMERGENCY AND All 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 AND THAT SUCH ORDINANCE OR RESOLUTION
SHALL BE RZAD AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING
DECLARED THAT SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT
SUCH CHARTER RULE BE SUSPENDED, 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 ORDAIPIED.
PASSED AND APPROVED, THIS THE DAY OF , 1956.
AT
CITY SECRET Y '. MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVEJ A� TO LEGAL FORM -
APRI 25, 1 16 : I
CITY ATTO EY
4�{�
CONTRACT NO. DA- 141 - 243 -ClMfG -56-60
RELOCATION OF
CITY OF CORPUS CHRISTI BRIDGE
ACROSS PORT ARAPSAS- CORPUS CHRISTI WATERWAY
AT CORPUS CHRISTI, TEXAS
Order approving the guaranty of cost and specifying the
proportionate shares of the total cost of the project
to be borne by the United States and by the bridge owner.
Ylsuant to the provisions of Section 6 of the Act of 21 June 1940s
as ame*e d (54 Stat. 497: 33 U.S.C. 511-523) the attached guaranty of
cost id hereby approved and it is hereby ordered that the proportionate
share of the total cost of the relocation of the City of Corpus Christi
bridge across the Port Aransas- Corpus Christi Waterway at Corpus Christi,
Texas, to be borne by the United States is $3,581,023 and the propor-
tionate share of such cost to be borne by the City of Corpus Christi is
$1,888,589 -
a. The present schedule of construction as proposed by the
City of Corpus Christi and estimated funds required for each phase of
construction (exclusive of costs of land acquisition, engineering,
supervision, administration and eonti_,gencies) are as follows:
Phase
Item
Funds R_ eguired
1
Substructure, borings and fenders
$ 749,250
1,308,186
2
Superstructure
1,331,367
3
Approaches
4
Miscellaneous, including removal
present bridge and track, con-
struction traffic control and
engine terminal facilities,
utility changes
933,717
Total
$4,322,520
b. From funds heretofore appropriated by the Public Works
Appropriation Act, 1956 (Public Law 163, 84th Congress) approved
15 July 1955 for construction general, alteration of obstructive bridges,
the sus of $1,500,000 has been initially allotted and will be reserved
for payments in connection with this order, including all cost of super-
intendence and inspection and all collateral and incidental expenses in
connection therewith. Of this sum, the amount of $1,425,000 is available
for payments to the City of Corpus Christi.
e. If at any time it becomes apparent to the Government that
the balance of this allotment and reservation is in excess of the amount
required to meet all payments due and to become due to the City of Corpus
Christi because of work performed and to be performed until 30 June 3.956
and for all supervisory, collateral and incidental expenses in canaec-
tion therewith until that date, the right is reserved after due notice
to the City to reduce said allotment and reservation by the amount of
such excess.
d. If the rate of progress of the work in such that it be-
comes apparent to the Government that the balance of the allotment and
reservation is less than that required to meet all payments due and to
become due to the City because of work performed and to be performed
until 30 June 1956 and for all supervisory, collateral and incidental ex-
penses in connection therewith until that date, the Government may
allot and reserve additional funds for payment under this order if there
be funds available for such purpose. The City will be advised of any
additional allotment so made.
e. It is expected that prior to 30 June of each year Congress
will make additional appropriations ar.,licable to work under this order,
and in sufficient amounts that each --Lase cf the construction can be
completed. However, in the event the City must suspend work on this
relocation due to failure of the Congress to appropriate nea_eoary funds,
the Government will pay such coots incidental to the suspension as may
be determined to be proper, subject to the availability of funds. Should
it become apparent to the Government that the available funds will be
exhausted before additional funds are appropriated, the Government will
give 30 days' written notice to the City that work may be suepended;
but if the City ao electa it may continue work with the underetandingo
however, that no payment mill be made for such work until aa:d unlese
additional funds shall have been provided in sufficient amount.
f. Should Congress fail to provide additional funds during
Its regular session as expected the City may suspend work without
prejudice at any time after the passage of the act which would ordinarily
carry an aPPrOPriation for continuing the work or after the adjouromsat
Of Congress vithoat Passing such act. At such time as Congress again
aPP"Pristes funds for work under this order the City shall comseaoe
work vithia 90 days folio" receipt of notification that fun8a for
NW Phase shove to Paragraph a., Preceding, are available.
WM, A 27 hand this 3 t-J- day of 7.956.
(blif-& /V4xAIw.
Accepte9.:
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM
APRIL, 1956:
CITY SECRETARY
3
Wilber X. Brucker
Secretary of the Army
City of Corpus Christi
BY
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QALVaTON. TXXAa
SUWW{ 00rpus Christi Bridge Relocation
20 Februat7 1956
Aawrandum of Understanding Between District Rugineer, 4alTeeton
District, and City of Corpus Christi, Texas (Bridge owner)
1. The purpose of this memorandum is to outline the general pro-
cedures which will be followed in making payments by the Government to
the Bridge Owner and is the accounting practices of the Bridge Owner,
all in connection with the subject alteration which is being performed
under Order dated 3 February 1956 and issued by the Secretary of the Army
under authority of the Railroad Bridge Alteration Act of 21 June 1940
(33 U.S.C. 511 -523) (54 Stat. 497).
2. Settlement will be made in accordance with the provisions of
the aforesaid law, and where applicable, with the usual provisions of
a cost reimbursable type contract.
3. Pursuant to Section 7 of the said law, progress payments will
be made, approximately monthly, based on actual coats incurred by the
Bridge Owner of work approved under the law. For the purpose of effecting
progress payments, the amounts of such to be paid by the Government will
be computed at 64 of the approved and verified costs actually incurred
by the Bridge Owner, less 10'%, the ratio that the estimated Government's
share of the cost bears to the total estimated cost of the proje -+t being
approximately 65%. If during the progress of the work this ratio should
change materially, a corresponding change will be made in the percentage
used in computing progress payments. Upon completion of the work, and
after total actual coats are known, a reapportionment will be computed
and an adjustment will be made as to the proportionate shares of the
respective parties.
4. The following general procedures will be followed in the verifi-
cation and the audit of the reimbursements and supporting recordal
a. In the case of contracts entered into by the bridge Owner in
accordance ;,,ith Section 5 of the law, reimbursement will be based on
actual progress payments made by the Bridge Owner to contractors for
completed work.
b. Any other reimbursements claimed by the Bridge Owner will
be supported by sufficient records to permit verification by Government
representatives that the coats claimed were incurred fully and excluaively
in connection with the alteration order and that the costa were reasonable.
The following guides are mentioned to in41-cate tiul method and scope of
verification audits of this type of coat:
jWNVK
-%rBj f Corpus Christi Bridge Relocation SO February 1956
standing Between District Engineer,�G lveston District,
and the City of Corpus Christi, Texas (Bridge owner)
(1) As far as practicable, - l ita separate records wi11 be main.
Work by the Bridge Owner of alse and accounts entering into this
work. These records will constitute the basis for all reimbursements,
and the records will be made available for exmination and audit by the
District Erdineer and his representatives at all reasonable time.
(2) Direct Labor Charges; The procedures employed by
the Bridge Owner in costing payroll charges will be such as to Permit
tracing all labor charges bank to individual workmsa-i,if the District
Engineer should determine that such action is desirable.
(to to Materiels and Su
so handled as lies; All costs claimed will be
permit tracing sue items back to original acquisi-
tion cost and /or ea accepted practice of rici
P ng warehouse issues.
(4) Indirect The applicability and propriety
Of any indirect eoets claimed will be demonstrated to the Satisfaction
Of the District Engineer.
c. Subcontracts entered into by the Bridge Owner, and amend-
ments thereto, will only be on a lump aim, cost reimbursable without
profit and /or unit price basis. (In this connection, the order of
Cif n cont�tebetweenyCity and Unit Of
States and contracts between
Army and accepted by
City and others are subcontracts).
5. Regardless of the sstieated total cost, or the apportioned
aoounts Shown in the order, the Bridge Owner is hereby notified that
if it obligates itself at any time for an amount of funds greater than
the District Engineer has Stated, in writing, to be available for re-
imbursament purposes,
available. such excess obligation is undertaken at the
Bridge Owner's owe risk until Such time as sufficient funds become
available.
6. Checks covering approved reimbursements ,711 be issued by the
Disbureing Officer of the Galveston District, Corps of Engineers. Al-
though not guaranteed, it is fully expectcd that checks covering such
reimbursements will be released to the Bridge Owner within 30 Says of
receipt of each correct invoice.
Noted and accepted;
W. P. Mcclion
CITY UP CoRRJS CHRISTI Colonel, CT
dge Owner
T1 'E4' District Engineer
BY.
IV COUNCIL a /as i
SECRETARY
,1
CORPUS CH STIR TEXAS
1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CH- RISTI, TEXAS
GENTLEMEN;
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCEy A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION
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, HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON
THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY$
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
FARRELL D. SMITH(
MINOR CULLI
W. J. RoBERTS
B. E. SIGLERS
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE;
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO