HomeMy WebLinkAbout18991 ORD - 08/27/1985AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE
REPLACEMENT OF THE KINGSBURY STREET BRIDGE; APPROPRIATING
$5,800; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with the State Department of Highways and Public Transportation
providing for the replacement of the Kingsbury Street Bridge, all as more fully
set forth in the agreement, a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $5,800 from the No. 220
Street Bond Fund as the City's 20 percent share of the estimated bridge
replacement cost applicable to Project No. 220-85-7.1, Kingsbury Street Bridge.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned agreement at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect upon
first reading as an emergency measure this the 27th day of August, 1985.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: WI DAY OF AUGUST, 1985
04P.046.01
isssi MICROFILMED
County
Control
Project
Highway
Nuprpc
91A -
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
Kingsbury (City street)
THIS AGREEMENT, made on the date shown hereinafter, by and between the
State Department of Highways and Public Transportation, hereinafter called the
°Department°, and the City of Corpus rh is i , a local govern-
ment, or governmental agency or entity, 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 Turkey Crppk nn Kingcbnry Street
AA milpc pact of MrKin7ip ; bnd
WHEREAS, under Title 23, United States Code as amended by the Surface
Transportation Assistance Act of 1978 and subsequent Federal legislation, a
program entitled 19,1 -FIA Off State S stem
Federal -Aid Bridge Replacement and Rehabilitation Program has-been approved by
the State Highway 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 cove-
nants 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 may be necessary to permit the work
authorized herein. Existing utilities will be adjusted in respect to loca-
tion and type of installation in accordance with requirements of the
Department.
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7-85
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, or that
portion of the cost of the project not reimbursable by the Federal Highway
Administration. The Governmental Agency further agrees to acquire, at no
cost to the Department, any additional right of way. if required.
Within 30 days following execution of this agreement the Governmental
Agency agrees to pay to the Department by check made payable to the State
Department of Highways and Public Transportation an amount equal to 10% of
the estimated cost of the project. Forty-five days prior to the
Department's scheduled date for the contract letting, the Governmental
Agency agrees to pay to the Department an amount equal to the remaining 10%
of its obligation. If, at any time during plan development or construction
of the project, it is found that the amount received is insufficient to pay
the Governmental Agency's obligation, then the Department shall immediately
notify the Governmental Agency which shall promptly transmit the required
amount to the Department. After the project is completed, the actual cost
will be determined by the Department, based on its standard accounting pro-
cedures, and any excess funds paid by the Governmental Agency shall be
returned to the Governmental Agency.
4. If, after execution of the agreement, the Governmental Agency
elects to terminate the project, the Governmental Agency shall be re-
sponsible for those eligible expenses incurred by the State which are
attributable to the project.
5. 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 pro-
ject 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 8", and made a part hereof.
6. In the event the terms 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.
7. Upon completion of the project, the Governmental Agency agrees to
accept ownership and operate and maintain the facility authorized by this
agreement for the benefit of the public without charge.
8. 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.
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7-85
IN TESTIMONY WHEREOF. the parties hereto have caused these presents to
be executed in duplicate on the date herein stated.
THE GOVERNMENTAL AGENCY THE STATE OF TEXAS
City of Corpus Christi
Name of Governmental Agency
By
Edward A. Martin
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work programa'
heretofore approved and authorized by
the State Highway and Public
Transportation Commission.
APPROVED:
By
City Manager Deputy Director
'title of Executing Official
ATTEST:
City Secretary
title
APPROVED:
By:
Assistant City Attorney
APPROVED:
James E. Lontosr P.E.
Assistant City Manager
Date
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7-85
CITY OF CORPUS [ MISTI, TEXAS
CERPTJTOITION OF FUNDS
(City Charter Article IV Section 21)
August 15, 1985
I certify to the City Council that $ 5,800.00 , the amount required for
the contract, agreement, obligation or eicpenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Auld No. and Name No. 220 Street Bond Fund
Project No. 220-85-7.1
Project Name Kingsbury Street Bridge
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
'ig J00.01)
7' tM9/85
. 191_
•
Corpus Christi, Tex s
c27 day of , 198a"
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
MAYOR
was passed
THE CITY OF CORPUS CHRISTI, TEXAS
by
the following vote:
18991