HomeMy WebLinkAbout021732 ORD - 08/17/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN ESCROW AGREEMENT IN THE AMOUNT OF $400,702.56 WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE
CITY'S ESTIMATED COST TO INSTALL CASINGS FOR FUTURE
UTILITY INSTALLATIONS ASSOCIATED WITH IMPROVEMENTS TO SH
286 (CROSSTOWN EXPRESSWAY) FROM SH 358 (PADRE ISLAND
DRIVE) TO 050 CREEK; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to execute
an escrow agreement in the amount of $400,702.56 for the City's estimated cost to install
casings for future utility installations associated with improvements to SH 286 (Crosstown
Expressway) from SH 358 (Padre Island Drive) to Oso Creek, a substantial copy of which
is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary
for the efficient and effective administration of City affairs, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings so that this ordinance is passed and shall take
effect\ upon first reading as an emergency measure this the 11 day of
, 19 3 .
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secreta
APPROVED: 1,*. DAY OF L t c .34- , 19`
JAMES R. BRAY JR., CITY ATTORNEY
By: \_ ancu.v,,t 4
Aliso Gallaway
Assistant City Attorney
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021732
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STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT is made this day of
STP 931 )MM
0326-01-034
Nueces County
, 1993, by and between the
City of Corpus Christi, Texas, hereinafter called the "City", Party of the First Part,
acting by and through its City Council and the State of Texas, hereinafter called the
"State", Party of the Second Part, acting by and through its Texas Department of
Transportation Commission.
WHEREAS, the City desires participation in the steel casing item and incidental
items within the limits from State Highway No. 358 to 1.2 miles South of State
Highway No. 357 on State Highway No. 286, 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
Four Hundred Thousand Seven Hundred Two and 56/100
cost of this work is • • • • • • • • • = = Dollars
($400,702.56)
($479,002.34), including contingencies and construction engineering: and including
indirect costs at the rates in effect for the fiscal years during which the work is
accomplished. The indirect cost rate will be based on the Texas Department of
Transportation's Indirect Cost Plan.
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 Texas Department of
-1-
li x J ; L /
STP 93( )MM
0326-01-34
Nueces County
Four Hundred Thousand Seven Hundred Two and 56/100
Transportation in the amount of
($400,702.56)
31/100 Dollars ($-478T002,31), 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 Texas Department of 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 and indirect costs.
-2-
STP 93( )MM
0326-01-034
Nueces County
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
TEXAS DEPARTMENT OF
TRANSPORTATION
Party of the Second Part
By: _ Certified as being executed for the
City Manager purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the Texas
Department of Transportation
Commission under the authority of
Minute Order 100002.
ATTEST:
City Clerk/City Secretary
APPROVED AS TO FORM:
Approved as to form:
James R. Bray, Jr.
City At orney
By
Alison Gallaway,
Assistant City Attorney
By:
Director, Contract Administration
-3-
Corpus Christi, Texas
kl day of
vt
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
19(13
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter
rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
C\---L.9_,c ....&3.-----
MAYOR
THE C Y OF(SPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
,\
Dr. Jack Best
Melody Cooper 06j_t c t
Cezar Galindo L'L
Betty Jean Longoria
Edward A. Martin ��;,
Dr. David McNichols ft
David Noyola OLji'.
Clif Moss (.),1p
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021732