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HomeMy WebLinkAbout20017 RES - 10/20/1987A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO CITY PARTICIPATION IN THE CONSTRUCTION OF STATE HIGHWAY 44 AND FARM TO MARKET ROAD 2292 IN THE CLARKWOOD AREA; AND APPROPRIATING $165,663.03. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute agreements with the State Department of Highways and Public Transportation relative to City participation in the reconstruction of State Highway 44 and Farm to Market Road 2292 in the Clarkwood area, all as more fully set forth in the agreements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits A and B. SECTION 2. That there is hereby appropriated $165,663.03 from the 561 Street Bond Fund applicable to Project No. 561-86-1.3, Agnes Street Improvements. ATTEST: City Secretary APPROVED: gig DAY OF eG , 19 7 HAL GEORGE, CITY ATTORNEY By 1 �-w Assistant Cit/ orney 08P.153.01 THE CIT OF CORPUS CHRISTI, TEXAS 20017 MICROFILMED STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this C 102-1-67 Nueces County day of , 1987, by and between the City of Corpus Christi, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of sidewalks, driveways, curb, gutter and incidental items within the limits from 'west of Clarkwood to Gilliam Lane on State Highway No. 44, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Ninety Five Thousand Two Hundred Ninety and 53/100 Dollars ($95,290.53), including contingencies and construction engineering. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Ninety Five Thousand Two'Hundred Ninety and 53/100 Dollars ($95,290.53), to be used in paying for the proposed work required by the City in the City of Corpus Christi. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to 'the City's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. • IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated., -2- CITY OF CORPUS CHRISTI Party of the First Part STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part By: City Manager Certified as being executed for the purpose and effect of acti- ATTEST: vating and/or carrying out the order, established policies, or work programs heretofore City Secretary approved and authorized by the State Highway and Public Transportation Commission: APPROVED: DAY OF , 1987 HAL GEORGE, CITY ATTORNEY APPROVED: By: Executed and approved for the By State Highway and Public Assistant City Attorney Transportation Commission under authority of Commission Minute 82513 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this CD 2142-2-5 Nueces County day of , 1987, by and between the City of Corpus Christi, Texas, hereinafter called the "City" Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of sidewalks, driveways, curb, gutter, manhole adjustments and incidental items 'within the limits from State Highway No. 44 in Clarkwood to 0.4 mile south on Farm to Market Road No. 2292, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Seventy Thousand Three Hundred Seventy Two and 50/100 Dollars ($70,372.50), including contingencies and construction engineering. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Seventy Thousand Three Hundred Seventy Two and 50/100 Dollars ($70,372.50), to be used in paying for the proposed work required by the City in the City of Corpus Christi. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF CORPUS CHRISTI Party of the First Part STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part By: City Manager Certified as being executed for the purpose and effect of acti- ATTEST: vating and/or carrying out the order, established policies, or work programs heretofore City Secretary approved and authorized by the State Highway and Public Transportation Commission: APPROVED:-- DAY; OF-•_ - , 1987- -- - APPROVED: HAL GEORGE, CITY ATTORNEY By: Executed and approved for the By State Highway and Public Assistant City Attorney Transportation Commission under authority of Commission Minute 82513 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS . (City Charter Article IV Section 21) October 9, 1987 I certify to the City Council that $ 165,663.03 the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. Project Name No. 561 Street Bond Fund 561-86-1.3 Agnes Street Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ad -5-4-0/9-3.987 FIN 2-55 Revised 7/31/69 alo3. ,A,iQ, i fIrT io�r 2; Corpus Christi, Texas „A) WL day of ate-la/0 , 1987 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 a-za a-iJA 20017