HomeMy WebLinkAbout030759 RES - 02/09/2016 Resolution authorizing the City Manager or designee to execute the
Agreement for the Adjustment of the City Utilities in connection with the US
181 Harbor Bridge Replacement Project
WHEREAS, the City of Corpus Christi (City) and the Texas Department of Transportation
(TxDOT) are authorized to enter into agreements under Chapter 791, Texas Government Code;
WHEREAS, on December 16, 2014, under Ordinance No. 030383, the City and TxDOT
entered into a fixed price joint participation agreement (Contribution Agreement) to satisfy the
local participation requirement for the construction costs of the US 181 Harbor Bridge
Replacement Project (Project);
WHEREAS, the Contribution Agreement allowed for in-kind contributions in lieu of
monetary payment with the City agreeing to (1) convey property to TxDOT for necessary
rights-of-way and (2) pay for all relocations and/or adjustments of City-owned utilities (City
Adjustments) made necessary by the construction and/or operation of the Project;
WHEREAS, the Contribution Agreement provided that the City and State would enter
into a further agreement outlining the details of the performance of the City-owned utility
relocation and/or adjustment work;
WHEREAS, costs for City Adjustments include necessary material acquisition,
engineering and planning costs, additional right of way needed for the relocations, if any, and
the physical installation of the materials;
WHEREAS, the Comprehensive Development Agreement between TxDOT and
Flatiron/Dragados, USA (Developer) provides for the Developer to design and construct the
Project; including the City Adjustments;
WHEREAS, TxDOT has identified potential conflicts based on preliminary project
scoping and design information and estimates that the City Adjustments will cost $8,966,450
(City Adjustment Costs);
WHEREAS, the estimate for the City Adjustment Costs may be amended after plans for
the City Adjustments are finalized by the Developer;
WHEREAS, the Utility Adjustment Agreement will be amended after TxDOT approves
the final plans for the City Adjustments to include the final agreed estimate for the City
Adjustment Costs and the final plans for the City Adjustments;
WHEREAS, the City agrees to pay a down payment of $1,075,974 for engineering,
geotech and related costs necessary to complete the final plans and cost estimate no later than
60 days after TxDOT issues NTP1 for the Project;
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INDEXED
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute the Utility Adjustment
Agreement that provides for TxDOT to perform the utility relocations necessary for the Project.
SECTION 2. The City Manager or designee is authorized to make amendments to the
Agreement that are approved by the City Attorney and consistent with the purposes of the
Project and applicable State law.
SECTION 3. The City Council intends that every section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance be given full force and effect for its purpose.
Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is
held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that
judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or
provision of this resolution.
SECTION 4. The Resolution takes effect and will be in full force immediately after its
final adoption by the City Council.
ATTEST THE CITY OF CORPUS CHRISTI
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Rebecca Huerta Nelda Marti
City Secretary Mayor
030750
Corpus Christi, T xas
CL of a4 Q24-' , 2016.
The above resolution was passed by the following vote:
Nelda Martinez
Rudy Garza I, I 1
Chad Magill / r
Colleen McIntyre 11
Lillian Riojas 1,4
Brian Rosas /
Lucy Rubio ita
Mark Scott
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Carolyn Vaughn ,�(/
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7&8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
First Reading for the City Council Meeting of January 26, 2016
Second Reading for the City Council Meeting of February 9, 2016
Resolution authorizing the City Manager or designee to execute the Agreement for the Adjustment of
the City Utilities in connection with the US 181 Harbor Bridge Replacement Project.
Amount Required: $1.075,974
Fund Name Accounting Account Activity No. Amount
Unit No.
Water 2012 Revenue Bond 4088.041 550910 E15158.01.4088-EXP 480,000
Wastewater 2012A Rev Bond 4248.042 550910 El 5158.01.4248.EXP 595,974
Total $1,075,974
Certification of Funds Required
Director of Financial Services
Date: FEB 0 9 2016
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