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
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