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HomeMy WebLinkAbout021812 RES - 11/30/1993A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATIVE TO THE IMPROVEMENTS TO STATE SPUR 3 (ENNIS JOSLIN ROAD, ALAMEDA STREET, AND OCEAN DRIVE). BE IT RESOLVED 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 agreement with the Texas Department of Transportation relative to the improvements to State Spur 3 (Ennis Joslin Road, Alameda Street, and Ocean Drive)a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. Al I EST: THE CITY OF CORPUS CHRISTI //Armando Chapa, ity Secretary z MAY • R, Y RHODES APPROVED: Jf3 DAY OF -)� , 1993. JAMES R. BRAY JR., CITY ATTORNEY By: CAkaytt Alison Gall ay Assistant City Attorney AG5000.445.ajr 021812 STATE OF TEXAS COUNTY OF TRAVIS * Nueces County CSJ: 3596-01-01 Spur 3 AGREEMENT FOR THE DEVELOPMENT AND CONSTRUCTION OF IMPROVEMENT TO SPUR 3 THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Corpus Christi, Texas, acting by and through its duly authorized officers, hereinafter called the "City". w i t N E 5 H E T H whEREAS, the State is empowered under existing law to construct and operate the State Highway System for public use and benefit; and WHEREAS, the State and the City desire to construct roadway improvements from the intersection of State Highway 358 to the easternmost entrance to Texas A&M University -Corpus Christi, via Ennis Joslin Road, Alameda Street and Ocean Drive, to be designated as Spur 3 and placed on the State Highway System as shown in "Exhibit A", to be hereinafter identified as the "Project"; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing the necessary right-of-way, utility adjustments, environmental mitigation; and WHEREAS, on the _ day of , 19, the Corpus Christi City Council passed Resolution No. , attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project; and WHEREAS, on the 23rd day of February, 1993, the Texas Transportation Commission passed Minute Order No. 101956 hereinafter identified by reference, authorizing the State's development of the Project; and WHEREAS, the State will prepare the construction plans, provide funding and execute the construction contract, provide the construction inspection, and assume the responsibility for the maintenance of the completed facility; and WHEREAS, the State and the City are statutorily authorized under Article 6673b, V.T.C.S. to enter into this agreement for the purposes defined herein; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited Page 2 of 9 to the scope authorized by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway System as a Spur; however any existing city street within the limits of the Project will not be designated or incorporated therein prior to the State's contractor erecting the project barricades. C. The City will continue to provide maintenance for all city streets within the limits of the Project until work begins as indicated above. 3. ACQUISITION OF RIGHT-OF-WAY The City shall assume all costs and perform all necessary requirements to provide the State title to the desired right-of-way. The right-of-way required for this project, a usual 120 -foot, minimum 90 -foot in width, will be determined by the State after consultation with the City. It is recognized that existing development along the route may preclude the economic acquisition of a usual 120 foot wide right-of-way. The City must comply with the requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq. Documentation to support such compliance must be maintained by the City and will be made available to the State and its representatives for review and inspection upon request. The State will provide the City standard conveyance forms and such forms will be used by the City in conveying title to the State. Title to the acquired right-of-way shall be secured in the name of the State. Any deletions, additions or modifications of the forms must be approved in writing by the State. The City will be responsible for any additional right-of-way required by the State for the completion of the Project. The City will record said right-of-way conveyances and furnish the original instruments to the State. Page 3 of 9 4 RIGHT-OF-WAY DESCRIPTION The State shall assume all costs in preparing right-of-way maps, field notes and other data as needed to properly describe the right-of-way which the City is to acquire and provide to the State. The right-of-way maps and property descriptions shall be submitted to the City for use in acquiring the necessary right-of-way. Tracings of the right-of-way maps shall be retained by the State for its permanent records. 5. RELOCATION ASSISTANCE The State shall assume all costs of providing relocation assistance as may be determined to be eligible under the Relocation Assistance Program. The State will comply with Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq. 6. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities located on the utility companies' right-of-way and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the State will establish the necessary utility work and notify the City of this necessity. The City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. Any additional right-of-way required by the utility company to relocate the utility shall be obtained by the City in the name of the utility at the City's expense. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work. Page 4 of 9 7. ENVIRONMENTAL MITIGATION The City will be responsible for the mitigation and remediation of any environmental issues which are identified as the result of an environmental assessment or permit procedure required by Federal or State agencies. All costs associated with the mitigation and remediation shall be incurred by the City and/or others. The City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remediated. The State will not let a construction contract until all environmental problems have been remediated unless the mitigation or remediation work is to be done as part of the State's construction contract. 8. RESPONSIBILITIES OF THE STATE A. The State shall assume all costs in preparing or causing to be prepared the Project's preliminary engineering data necessary for the development of the plans, specifications and estimates (P.S.& E.). P.S.& E. shall be developed in accordance with the State's Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. B. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. C. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved contract. D. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. Page 5 of 9 E. Upon completion of the Project, the State will be responsible for maintenance of the completed highway facility. 9. CONTROL AND OWNERSHIP OF THE PROJECT The development, construction and maintenance of the Project will be an integral part of the State Highway System and thus under the ownership, control and jurisdiction of the State. The State assumes full and complete control as to the construction and operation of the Project. The State does not purport to convey or assign any interest or right of ownership of the completed highway facility to the City, its successors or assigns. The Project may be modified, relocated, closed and/or removed from the State Highway System at the State's sole discretion. The State will not be held responsible to the City for any reimbursement of funds in the event the Project is modified, relocated, closed and/or removed from the State Highway System. 10. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City or furnished to the City by the State shall be delivered to and become the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 11. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that construction of the Project is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. Page 6 of 9 B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 12. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its officers, employees, agents or contractors. 13. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State Page 7 of 9 14. LEGAL CONSTRUCTION Tn case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid,addressed to such party at the following respective addresses: State: Texas Department of Transportation P. 0. Box 9907 Corpus Christi, Texas 78469 City: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 and shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 16. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Page 8 of 9 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. By: THE CITY OF CORPUS CHRISTI, TEXAS Typed Name Title ATTEST: Date City Secretary APPROVED AS TO LEGAL FORM: 18 day of "l2 [9-,m ,yt( , 1993 Assistant City Attorney THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Order 15-93, for the purpose and effect of activating and carrying out the orders, established policies and work programs heretofore approved by the Texas Transportation Commission. By: Robert Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development Date Page 9 of 9 Corpus Christi, Texas -30 day of ti0 V. 19 °13 The above resolution was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\066 021812