HomeMy WebLinkAbout020194 RES - 02/09/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING
FOR REPLACEMENT OF A BRIDGE ON HOLLY ROAD WEST OF GREENWOOD
DRIVE; AND APPROPRIATING $37,200.
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 an
agreement with the State Department of Highways and Public Transportation
providing for replacement of a bridge on Holly Road west of Greenwood Drive, 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 $37,200 from the
No. 562 Street Bond Fund as the City's estimated share of construction costs
applicable to Project No. 562-87-1.2, Holly Road Bridge Replacement.
ATTEST:
City Secretary
MA/OR
APPROVED: .., DAY OF jilA/Ofhey , 198a'
HAL GEORGE, CITY ATTORNEY
By
Assis ant City ttorne
205RP069.res
THE CITY OF CORPUS CHRISTI, TEXAS
20194 MICROFILMED
County Nueces
Control 916 -
Project
Highway Holly Road
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
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 Coreus Christi , a local govern-
ment, or governmental agency or entity, hereinafter called the "Governmental
Agency" acting by and through its City Council • 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 drainage ditch on Holly Road
; and
WHEREAS, under Title 23, United States Code as amended by the Surface
Transportation Assistance Act of 1978 and subsequent Federal legislation, a
program entitled 1987-91 Off State System
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 IO% 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 B", 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 o overnmenta Agency
By
Craig A. McDowell
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work program
heretofore approved and authorized by
the State Highway and Public
Transportation Commission.
APPROVED:
City Manager By
t e of xecut ng c a
ATTEST:
City Secretary
to
APPROVED:
By:
day of , 1988
Assistant City Attorney
-3-
Date
Deputy Director
0-5
7-85
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 18, 1988
I certify to the City Council that $ 37,200.00 , 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 No. 562 Street Bond Fund
Project No. 562-87-1.2
Project Name Holly Road Bridge Replacement
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-2 ,19 kd
Director
FIN 2-55
Revised 7/31/69
37,..2bD "QAV Xaefp
Corpus Christi, Texas
Q'1 day of
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.6L47
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
1,0611
Frank Schwing, Jr. C1
Mary Pat Sl avi k
Linda Strong
99.066.01
201.4
, 198g