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Home My WebLink About020786 RES - 10/03/1989A RESOLUTION AUTHORIZING THE EXECUTION OF DEPARTMENT OF HIGHWAYS AND CITY'S PARTICIPATION IN THE FROM HEARN ROAD TO THE UNION RELATED UTILITY RELOCATIONS. TWO AGREEMENTS WITH THE STATE PUBLIC TRANSPORTATION FOR THE IMPROVEMENTS TO UP RIVER ROAD PACIFIC RAILROAD TRACKS AND THE 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 two agreements with the State Department of Highways and Public Transportation for the City's participation in the improvements to Up River road from Hearn Road to the Union Pacific Railroad tracks and the related utility relocations, 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. ATTEST: CY�y Secretary MAYOR THE CITY APPROVED: 19 DAY OF j.Pti-ix4us' HAL GEORGE, CITY ATTORNEY By cvl.ppQL��ut/� Assistant C ty Attorney \ORD-RES\89007 OF CORPUS CHRISTI MICROFILMED 20786 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this CRP 89(300) MXA 8074-16-1 Nueces County day of , 1989, 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 a concrete sidewalk, storm sewer and incidental items within the limits from Union Pacific Railroad to Hearne Road on Up River Road, 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 Nine Thousand Five Hundred Thirty Nine and 63/100 Dollars ($79,539.63), 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 Nine Thousand Five Hundred Thirty Nine and 63/100 Dollars ($79,539.63), 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 -1- e,& A 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. By: CITY OF CORPUS CHRISTI Party of the First Part City Manager ATTEST City Secretary STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Management -2- ate Department of Highways .,d Public Transportation Form D-15-46 Agreement to Contribute Funds (City Form - PASS Project) THE STATE OF TEXAS COUNTY OF TRAVIS This agreement by and between Department of Highways and Public Christi , Texas, acting Ordinance dated day of effective on the date of approval County Nueces Project No. CRP 90 ( ) MXA CSJ No. 8074-16-001 Account No. the State of Texas, acting by and through the State Transportation, hereinafter called the State, and Corpw by and through its duly authorized officials under 19____, hereinafter called the City, shall be and execution by and behalf of the State. WHEREAS, the State and the City desire right of way on the following projects: Highway Account No. to enter into contractual agreements and acquire Limits Up River Road From Hearne Road To Union Pacific Railroad in Corpus Christi ; and, WHEREAS, the City has offered to provide one hundred per cent of all necessary right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation with applicable Federal and State laws governing the acquisition policies for acquiring real property; and, WHEREAS, the City has requested that the State assume responsibiity for adjusting eligible utilities; and, WHEREAS, the City has offered to provide $277,000 toward the cost of utility adjustments that may be required in accordance with policies and procedures of the State Department of Highways and Public Transportation. Said $277,000 includes estimated costs of $220,000 to relocate City owned utility not eligible for State participation and estimated costs of $57,000 for the City's 50% share of costs for relocating utilities eligible for State participation. WHEREAS, in Nueces County in the City of Corpus Christi on Up River Road from Hearne Road to the Union Pacific Railroad is not listed in the Municipal Maintenance Agreement of March 11, 1983 and is a street maintained by the City. The City hereby agrees to maintain the street when the proposed improvements are complete in accordance with the requirements in the March 11, 1983 Maintenance Agreement listed for City Maintained Routes. The State agrees to allow utility adjustments to be performed under the City's utility accommodation policies. When utility facilities conflict with project construction, they may be /«- t _Late Department of Highways and Public Transportation Form D-15-146 relocated, with Department approval, in accordance with the City's utility accommodation policies. NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the City shall transmit to the State with the return of this agreement executed by the City, a warrant or check payable to the State Department of Highways and Public Transportation in the amount of Fifty-seven thousand and no/cents Dollars ($57,000.00) to be used in adjusting utilities. If it is found that this amount is insufficient to pay the City's 50% share of costs for relocating eligible utilities, then the City, upon request by the State, will forthwith supplement this amount in such amount as requested by the State. Upon completion of the project and in the event the amount paid is more than the City's share then any excess amount previously paid by the City will be returned to the City. This agreement is approved and executed on behalf of the State this day of 19 City of By: Corpus Christi , Texas EXECUTION RECOMMENDED: Mayor ATTEST: District Engineer THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highways and Public Transportation Commission under the authority of Minute Order BY: Right of Way Engineer 99.066.01 Corpus Christi, Texas day of (foto , 1981 The above resolution was passed by the following vote: Betty N. Turner az-A, David Berlanga, Sr. //�� Leo Guerrero (A..r(,(1.tA Tom Hunt /� �Q.. Edward A. Martin -�- (. Joe McComb Clif Moss (�G� Mary Rhodes Frank Schwing, Jr. 611, )211J- 20786