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Home My WebLink About16211 ORD - 04/29/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION & MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE TEXAS DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION PROVID- ING FOR THE RECONSTRUCTION OF THE BRIDGE STRUCTURE OVER THE HEARN ROAD DITCH BY THE TEXAS DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; APPROPRIATING $44,000 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF CONSTRUCTION PAYABLE TO THE TEXAS STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, APPLICABLE TO PROJECT NO. 220-77-51, HEARN ROAD BRIDGE REPLACEMENT; 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 a Construction and Maintenance Agreement between the City and the Texas Department of Highways and Public Transportation providing for the reconstruction of the bridge structure over the Hearn Road Ditch by the Texas ' Department of Highways and Public Transportation, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $44,000 for the City's share of construction payable to the Texas State Treasurer, Account of Trust Fund No. 927, appli- cable to Project No. 220-77-51, Hearn Road Bridge Replacement. SECTION 3. The necessity to authorize the aforesaid agreement and to appropriate the sums necessary in order that reconstruction of the bridge structure over the Hearn Road Ditch may proceed at the earliest practicable date creates a,public emergency and 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 or Council members having declared that such emergency and necessity exist, having re- quested 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 LG22.1 iNiqoame AS P27 this the 7 day of April, 1981. ATTEST: City Secretary MAYOR // THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 9 DAY OF APRIL, 1981: J. BRUCE AYCOCK. CITY ATTORNEY CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made this day of , .19 , by and between the State Department of Highways and Public Transportation, Party of the First Part, hereinafter called the "Department", and City of Corpus Christi , a local government, or governmental agency or entity, Party of the Second Part, hereinafter called the "Governmental Agency" acting by and through its City Manager and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. WITNESSETH WHEREAS, the Governmental Agency is owner of a bridge located on a public _ road or street within its jurisdiction at a ditch on Hearne Road, 1.0 mile east of U.S. 77 - F.M. 624 junction ; and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation Act of 1978, a program entitled 1979-82 (Part B) Federal -Aid Off -System Bridge Replacement and Rehabilitation Program has been approved by the State Department of Highways and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of 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: 1. The Governmental Agency hereby authorizes the Department or its contracted consultant and Department's contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspection, construction and other purposes necessary to replace. or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, whether publicly or privately owned, as niay be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance with requirements of the Department. -1- 3. The Governmental Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitation project including preliminary engineering and construction engineering and agrees to acquire at its expense any additional right of way, if required. Forty-five days prior to the date scheduled for the contract letting the Governmental Agency agrees to pay to the State, by check made payable to State Treasurer, Account Trust Fund. Ido. 927, an escrow amount equal to 20% of the estimated cost of the project including preliminary engineering. After the project is completed the actual cost will be determined by the Department based on its standard accounting procedures, and 20% of the actual cost will be the amount due by the Governmental -Agency. Any excess over this amount previously paid will bereimbursed to the Governmental Agency, and any difference due the Department will be paid by the Governmental Agency within 30 days upon receipt of a certified statement. 4. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the project is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof.- _ 5. In the event the terns of this agreement are in conflict with the provisions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 6. Upon completion of the project the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreemen for the benefit of the public without charge. 7. The Governmental Agency agrees to'indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. -2- IN TESTIMONY WHEREOF, the parties hereto have caused these present to be executed, in duplicate on the day above stated. PARTY OF THE SECOND PART' PARTY OF THE FIRST PART City of Corpus Christi, Texas Name of Governmental Agency Certified as being executed for the purpose -and effect ov activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission. By: By: R. Marvin Townsend City Manager Title of Executing Official ATTEST: City Secretary Title APPROVED: R. W. Coffin, Assistant City Attorney Assistant Engineer -Director Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute Order No. 77446, dated June 16, 1980. RECOMMENDED FOR APPROVAL: District Engineer Chief Engineer of Highway Design Bridge Engineer /3 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 23, 1981 . 44,000 I certify to the City Council that $ , the amount required for the contract, agreement, obligation or expenditures contemplated in the 41, above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund 220-77-51 Project No. Project Nam` Hearn Road Bridge Replacement from which it is proposed to be drawn, and such money is not appropriated for any other purpose. oLk v FIN 2-55 Revised 7/31/69 x Corpus Christi, Texas 2/ day of ,192/ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, therefore, 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, Respectfully, Council Members The Charter rule was suspended Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob' Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1f 21.q MAYOR" ' The City of Corpus Christi, Texas by the following vote: following vote: