Loading...
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. -1- D-5 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. -2- D-5 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 -3- 0-5 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