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Home My WebLink About021761 ORD - 09/28/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ESCROW AGREEMENT IN THE AMOUNT OF $1,232,379.56 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS ASSOCIATED WITH THE IMPROVEMENTS TO MCKINZIE ROAD FROM HAVEN DRIVE TO MCKINZIE LANE (ENTRANCE TO CASTLE RIVER SUBDIVISION); 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 $1,232,379.56 with the Texas Department of Transportation (TXDOT) for the City's estimated share of construction costs associated with the improvements to McKinzie Road from Haven Drive to McKinzie Lane (entrance to Castle River Subdivision), 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 readin as an emergency measure this the 16 day of 1r('Qit, bxl- , 19 Cj3 . A11LST: Armando Chapa, City Se ry APPROVED: 3 DAY OF THE CITY OF CORPUS CHRISTI MAYO , M RHODES JAMES R. BRAY JR., CITY ATTORNEY By: UY LI-Ok aLiniuo Alison Galla ay Assistant City Attorney AG5000.408.ajr 021761 MICROS ILMED STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is made this day of A 3364-1-8 3364-01-008 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 construction of a new Farm to Market Road and incidental items within the limits from Haven Drive to Interstate Highway No. 37, North frontage road on Farm to Market Road No. 3386 and the State will, among other things, provide for the construction of this work within these limits and the City will contribute a fixed amount of One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00), in payment for their portion of this work per Commission Minute No. 101085, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 101085, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement, and WHEREAS the State will also construct or have constructed additional work for a transition section within these limits for and on behalf of the City at 100% Unit Price Bid Basis at the City's sole expense, including preliminary engineering. The estimated -1- A 3364-1-8 3364-01-008 Nueces County One Hundred Thirty Two Thousand Three Hundred Seventy construction cost of this work is One+Handfed-Pdifieteen Theusend-Five-HeSred-E+g#hty Nine and 56/100 Dollars ($132,379.56) Tiifee-and-5.1140G-DeHefs-(4-1-}97583: -1-), 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 One Million Two Hundred Thirty Two Thousand Three Transportation in the amount of One -Million Two-- inndrecl-hiineteen fifiausafrdPtVW Hundred Seventy Nine and.56/100 Dollars ($1,232,379.56) Hundis4-Eigiuy-Ituae-and-5.1/100 Dollars -(-$4,219758.3T54), 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 for the new Farm to Market Road, and it is further understood that the contribution of One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00), by the City shall be a fixed amount for their share of the work. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 101085, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. It is further understood that the State will construct only those items for the City as requested and required by the City on additional work for the transition A 3364-1-8 3364-01-008 Nueces County One Hundred Thirty Two section, and the estimated construction cost of this work is 6ngt undrgd-idirreLeerr Thousand Three Hundred Seventy Nine and 56/100 Dollars ($132,379.56) ' ouseedfive#ndfed-Eig#ty- r ani -.6441 -00 -Dollars-(- t1S,b82,a4), including preliminary engineering. 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. A 3364-1-8 3364-01-008 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 By: City Manager ATTEST: City Clerk/City APPROVED AS Secretary TO FORM: TEXAS DEPARTMENT OF TRANSPORTATION Party of the Second Part 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 Texas Department of Transportation Commission under the authority of Minute Order 100002. By: -4- Director, Contract Administration WHEREAS, in NUECES COUNTY in the City of Corpus Christi on MCKENZIE ROAD, from approximately 2.6 miles south of Interstate Highway 37, north to Interstate Highway 37, a distance of approximately 2.5 .miles, local officials have requested the extension of Farm to Market Road 3386; and 'WHEREAS, the designation and reconstruction of this facility will provide for safe travel to a nigh school recently constructed on McKenzie Road: and WHEREAS, the extension of Farm to Market Road 3386 will connect existing roadways on the State Hignway System; and 'WHEREAS, the City of Corpus Christi has indicated a willingness to participate in the project by providing one hundred percent of the rignt of way and utility adjustments; and WHEREAS, in addition, the City of Corpus Christi has offered to provide construction funding in the amount of S2,200,000, to be divided eoually between the McKenzie Road project and a project on Farm to uarket ,Woad 24 (violet Road); HOW, THEREFORE, IT IS ORDERED that the Executive Director is nereoy directed to tender the Following proposal to the City of Corpus Christi: ='glided the City. of Corpus Christi will: 1. Provide one hundred percent of the right of way, including easements and that required for environmental mitigation, clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the Texas Department of Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide one hundred percent of the cost of all utility adjustments as may oe required in accordance with policies of the Texas Department of Transportation, 3. Provide 51,100,000 toward construction of this project and $1,100,000 toward a future project to improve Farm to Market Road 24. 4. Maintain that portion of the work which is its responsibility in accordance with maintenance agreements. The Texas Department of Transportation will: 1. Designate the above referenced limits a Farm to Market Road. 2. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. 3. Provide for construction. Upon acceptance of the provisions of this Order by the City of Corpus Christi, IT iS ORDERED that the above referenced limits be designated a part of the State Highway System as a FARM TO MARKET ROAD; however, any existing county road or city street within the above referenced limits will not be designated or incorporated therein prior to the award of the construction contract by the Texas Department of Transportation; and It is understood that the City will continue to be responsible for and to provide maintenace for all county roads and/or city Streets within the above referenced limits until construction by the Texas Department of Transportation begins; and 7 Minute No. 101085 - Continued IT IS FURTHER ORDERED that the Execu:ii,e Director 's ne-euy autnorized to proceed in the most Feasible and eccnomicai manner with project development to include any necessary agreements, rignc of way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of 52,400,000, (51,845,141 of wnich will be authorized in the 1992-1993 Texas Farm to Market Road Program and $554,859 of ,nice will be authorized in the Commission Strategic Priority Category of the Project Development Plan). This Order snail become operative upon acceptance by the City of Cornus Christi; and if not accepted witnin 90 Pays of the date Hereof, the action Herein contained shall be automatically canceled. Minute No. 101085 June 24, 1992 COPY "EXHIBIT A" Corpus Christi, Texas 2S day of 447 , 19 a 3 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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 The above ordinance was Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\045 7 r r MAYOR THE CI Y OFC passed by the following vote: RPUS CHRISTI ia 021761