HomeMy WebLinkAbout05518 ORD - 10/14/1959T
JKH:10 -12 -59
AN ORDINANCE
RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF
ALAMEDA STREET IMPROVEMENTS, DODDRIDGE TO NORTH
BOUNDARY OF OSO GOLF COURSE,, PROJECT 1- 53 -3.2, PER-
FORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDEW
THEIR CONTRACT WITH THE CITY DATED NOVEMBER 19, 1958,
AS AUTHORIZED BY ORDINANCE NO. 5196; AUTHORIZING THE
PAYMENT OF FINAL ESTIMATE NO. 5, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, DATED OCTOBER
9, 1959, IN THE AMOUNT OF $56,006.79,'AYMENT FROM NO.
220 STREET BOND IMPROVEMENT FUNDS, HERETOFORE APPROPRI-
ATED FOR CONSTRUCTION, CONTINGENCIES AND CERTIFICATES
OF ASSESSMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,,
TEXAS:
SECTION 1. THAT THE WORK OF WIDENING ALAMEDA STREET,FROM DODORIDGE
TO NORTH BOUNDARY OF OSO GOLF COURSE, COMPLETE WITH CURB - GUTTERS,SIDEWALKS, AND
ASPHALTIC CONCRETE SURFACING, PROJECT 1- 53 -3.2, PERFORMED BY HELDENFELS
BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED NOVEMBER 19,
1958, AS AUTHORIZED BY ORDINANCE N0. 5196, HAVING BEEN PERFORMED AND COMPLETED
IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CONTRACT, PLANS AND SPECI-
FICATIONS THEREIN CONTAINED AND THE DIRECTOR OF PUBLIC WORKS HAVING INSPECTED
THE SAME AND CERTIFIED TO THE COMPLETION OF SAID WORK IN ACCORDANCE WITH SAID
PLANS AND SPECIFICATIONS,THE WORK AFORESAID IS HEREBY FOUND TO HAVE BEEN
COMPLETED IN ACCORDANCE WITH SAID PLANS AND SPECIFICATIONS AND IS HERE AND
NOW ACCEPTED AND RECEIVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS.
SECTION 2. THAT FINAL PAYMENT DUE UNDER THE CONTRACT AND AS SET
OUT IN THE FINAL ESTIMATE ATTACHED HERETO AND MADE A PART HEREOF, PREPARED
BY THE DIRECTOR OF PUBLIC WORKS, DATED OCTOBER 9, 1959, IN THE AMOUNT OF
$56,006.79, FROM FUNDS PREVIOUSLY APPROPRIATED FROM No. 220 STREET BOND
IMPROVEMENT FUND, IS HEREBY AUTHORIZED.
SECTION 3. THAT THE NECESSITY FOR COMPLETION OF SUCH PROJECT BY
SAID ACCEPTANCE AND FINAL PAYMENT IMMEDIATELY CREATES A PUBLIC EMERGENCY AND
AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH
EMERGENCY AND NECESSITY TO EXIST, HAYING REQUESTED THE SUSPENSION OF SAID
5518
T
CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH
EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID
CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM/DAY D AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE
OF , 1959.
ATTEST:
CITY SECRETARY
APP D AS TO L L F RM THIS
/ DAY OF , 1959:
MAYOR
THE CITY
RPUS C ISTI, TEXAS
PU�,i 4 G I+lorkS: --
B. W. Whitney,-City Eger'
J'. S. Aettrg Director,bf'Pablle Works QPtober 9,. x•539''.'_'
Acceptanoe and kinal Payment. Alameda'Btreeb Improvements, Ik drldge to b
8wsndsrt of 000 Golf Couree (Projeet -9.- 53-3.2
• 1. Attached 3a Final Estimate No. 5 for the' Alameda Street.-
' drid•e to-North Boundary 'of Mao Golf Conroe,' in the , nut of
. balance duct-the contractor, 8eldezfelo Brea..
2.. Total Work done tag
Bees. property owner aesessments:
Net cost to City
Less previous -estinates ps5d'= -"
AAlerce du , k -1 q Bi4 re:be No. 5 cv.
rovements,'DD�_'.
56,006.79," the
.$ `527,193.10:'
226 ;222.24
'. ; 300,270.86 -
244;264.01
..' .56,006.45v
3. Final inspections- have been ande•indicating all vrork to be completed- se »'
i=orfling to -the plane and specifications: '• It, is .our reco8iniendation that this'-`.'
- pro.e-ct he accepted raith. 9ra3-payment'to -be made Prom No. 220 ids prev3Gua» •
1p' appropriated for this contract, including contingencies en3.certlficatee of '
fit•. n or finance requeat;'.eovering.the above reaoaaaendatiort is attached
J8Ntvr
Attaclvneat
8.
Ling Dixie or of Puh'ki,c'W
APP&OYEDI - ;.3959 '
City'Mpnager
- Attain* _ ?.
Director -,of 'Fiaenee
st
CITY OF CORPUS CHRISTI,TEXAS'
DEPARTMENT OF PUBLIC WORKS - ENGINEERING & CONSTRUCTION DIVISION -
CONTRACT MONTHLY ESTIMATE
Project A ETRL't ' IMPROTfEEETft,'S , DCDDHFDC,'E - •
TO 140E BOUMJDMY OF t 0 COIF COIiRSE
Contractor: Ei' INS 0TEI8
P.O. BOX 1x917, C US CBF:ISTI, TEXAS
Est. No 5 &�
Data ' SeDt.
Sheet 1 of 1
Item
No.
- - Item Description
Unit-
- Proi. Eat"
- " Qnaneties
Total Work
Done on Cont.
- Contract
Unit Price
Amount
1;
Street EaeavaLlcn
E.Y.
11;+„C45
r -
- - Lu 1-' i-'-Ci e-. i cr-:Y N W
- 1_,4•y
65,31,,49
E.
3.
. Type 'A" Asphaltic C }ne. - ,
-Type-"D" n n
Tan
Tul.
14447
. ' 3,72
7:10
7.5
11)1,011.70
6,,70'.20
4. -
- C.-,no, Curb & 'Gutter
L.F.
30,2781
: - 1.63
5u,t;26.25
5.
- Cenc. Sidewalk -
B.F.
1k•y,£82 -
' 0.41-
- 42,E 53.46
6 -8
. 1.l Litre Stabilized C1ey Base
B.Y.
" . x•1,645
1.02
123,X0. (0
7.
Reinforced C_nc. Driveways
S.F.
2y „4u
U.70
15,154,3u
6.
5! Storm Sewer Inlets-
-6'
Ea.
y6
,
175.`.0
1G 43u.0.
'4u0.:.0
9.
St;,rm Sever Inlets ` -
-
Ea.
2
200.00'
l0.
8' St'orm.. 8euer Inlets
' Ea.
= 3
' --3 .0.4,O
y.O.uU
11.
' -15" A.C. Pipe
L.P.
4Cr72'
5.75
23,5C6.t.0
12.
10'.1 LC.'Pipe' -
L.P.
733
6.000
E',066.L.0 .
1 .
33" B.C. Pie
L.%'.
- . 246
10.5 I
2,079.1.0
1i,.
.
Relayin, 15" R.C. Pipe ' , •
.%.F.
-- 76 .
- ,
. 4.5u
' 11:0.00
15.
AdJuetin;; i Lnleta
Ea:
15
65.00
1,105.00
16:
'Type "A " Manhcles -,
Ea.
' 10
200.00 -
_
2,Or,0.00
17.
Remov9nc Old Structures
L.E.
-
10,000.x,0
' 1v,up0.00
13.
Caliche Base -
C.Y.
3!
- 3.i -
yy4.v0
EXTRA WORK " -
CY, a er #1
{"
150.0
Change -Order #2
420.00
1,ees Private Property 0-wners Aesess>'•
-'•ts
- 2126,,22.24
Certified
Correct
Approval -
Recomtnended
` Chief of
Data
De
Approved. ' Date - -
Cit'y Manager
- DOTSON PRI
INO OU Ra.ORDRR NO. R61a
Total Work Done 3t.tu,27Q, "�
% Retained • - 0.4D
Amount Payable 30 0,270.OG
Previous Payments .2'2i�
Due Thissiimate
;6,L06.7J
Estimate Checked b hate
FINAL AFFIDAVIT ON PROJECT
FOR CITY OF CORPUS CHRISTI
STATE OF TEXAS Il
COUNTY OF NUECES D
I, 'rati iN,, Palden' a1ey, .fir,
hereby certify that to the best of my knowledge and belief
all conditions, including payment of iIinimum Wage Rates,
specified in Contract with the City of Corpus Christi, Texas
for Construction of Aiimmatiia area Imprcivwnevitia
have been complied with by Heldenfels = rothers and that all
bills incurred on this contract, of w oh Heldenfels Brothers
have been notified, have been pa'd in ;ull.
Sworn to before me this 2nd day of = t , 19 ,
ytaw, �k s Notary Public, !}e a*R County, Texas.
MARY KAY FROHNHOEFER
Notary public, in and for Nueces County, tees
My Commission Expires June 1, 196.1.
�• •
AGREEMENT WITH PIPELINE OWNERS
WHEREAS, THE SECRETARY OF THE ARMY HAS MADE A FINDING THAT THE
BASCULE BRIDGE IS A HINDRANCE TO NAVIGATION OF THE PORT OF CORPUS CHRISTI,
AND REMOVAL OF THE BASCULE BRIDGE AND THE RELOCATION OF THE RAILROAD SER-
VICE THEREFROM 13 NECESSARY; AND -
WHEREAS, THE NECESSARY PARTIES TO SUCH REMOVAL AND RELOCATION,
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, NUECES COUNTY NAVIGATION DISTRICT
N0. 1, MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS- MEXICAN RAILWAY - COMPANY,
AND TEXAS AND NEW ORLEANS RAILROAD COMPANY, HAVE DETERMINED THE ROUTE NECES-
SARY FOR THE RELOCATION -0F THE SAID RAILROAD SERVICE; AND -
WHEREAS, THE RELOCATION OF SAID RAILROAD SERVICE WILL BE ON RIGHT
OF WAY THAT CROSSES CERTAIN EXISTING PIPE LINES, AND UNLESS THE SAID CERTAIN
PIPE LINES ARE EITHER LOWERED AND/OR CASED, OR SAID PIPE LINE RIGHT OF WAY
ACQUIRED THROUGH PURCHASE OR EMINENT DOMAIN, THE COMPANIES OR CORPORATIONS
OWNING THE SAID PIPE LINES WILL BE DAMAGED BY THE LOCATION OF THE RAILROAD
TRACK, AND THE SERVICE THEREUPON, OVER AND ACROSS THEIR INDIVIDUAL PIPE LINES;
AND
WHEREAS, THE HEREINAFTER NAMED PIPE LINE OWNER IS THE OWNER OF A
CERTAIN PIPE LINE WHICH WILL BE OR PROBABLY WILL BE DAMAGED BECAUSE SAID
RAILROAD TRACK FOR THE RELOCATED RAILROAD' SERVICE WILL BE CONSTRUCTED OVER
THE SITE OF THE PRESENT LOCATION OF SAID PIPE LINE„ AND
WHEREAS, THE COST OR EXPENSE OF THE LOWERING AND/OR CASING OF THE
PIPE LINES, SUFFICIENT TO PROTECT THE PIPE LINE FROM DAMAGE, HAS BEEN DETER-
MINED AND SUCH AMOUNT AND DETERMINATION HAS BEEN APPROVED BY THE CORPS OF
ENGINEERS, U. 5. ARMY; AND
WHEREAS, THE SAID HEREINAFTER NAMED PIPE LINE OWNER AND THE CITY
OF CORPUS' CHRISTI; A MUNICIPAL CORPORATION, DULY AUTHORIZED TO ACT, AND ACT-
ING FOR ITSELF AND AS THE AGENT FOR THE ABOVE SAID PARTIES HAVE AGREED, IN
LIEU OF CONDEMNATION, TO PAY THE COST OF ADJUSTMENT, RELOCATION, LOWERING
AND/OR CASING OF THE SAID PIPE LINE, HEREINAFTER DESCRIBED, AS HEREINAFTER
SET OUT WHICH 1S DETERMINED AS BEING SUFFICIENT TO PROTECT IT FROM ANY DAMAGE,
AND HAVE ENTERED INTO THIS CONTRACTUAL AGREEMENT SETTING OUT THE TERMS, TO -VIT:
WITNESSETHi
THE - F A PRIVATE CORPORA-
TION, HEREINAFTER CALLED "PIPE LINE OWNER, FOR AND IN CONSIDERATION OF THE
REIMBURSEMENT OF COST BY THE CITY -OF CORPUS CHRISTI -AND IN LIEU OF CONDEMNA■
TION, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HERE-
INAFTER CALLED "CITY *, DULY AUTHORIZED TO ACT, AND ACTING FOR ITSELF AND AS
THE AGENT FOR NUECEB COUNTY AND NUECEB COUNTY NAVIGATION DISTRICT NO. 1, FOR
AND IN CONSIDERATION OF THE PERFORMANCE OF PARAGRAPH (A) BY PIPE LINE OWNER,
HEREBY ENTER INTO THIS MEMORANDUM OF AGREEMENT, AGREEING TO 00 THE FOLLOWING:
(A), PIPE LINE OWNER AGREES IT WILL, ON OR BEFORE DAYS
FROM THE DATE OF APPROVAL OF THIS AGREEMENT, BY THE CORPS OF ENGINEERS, U. S.
ARMY, PERFORM THE WORE AND FURNISH THE MATERIAL TO ACCOMPLISH, OR HAVE AC-
COMPLISHED, THE FOLLOWING:
-2-
ALL IN ACCORDANCE KITH MAPS, PLATS AND SPECIFICATIONS MARKED EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF.
(B) IF PIPE LINE OWNER SHOULD BE PREVENTED, IN WHOLE OR IN
PART, FROM FULFILLING ITS OBLIGATIONS UNDER THIS CONTRACT BY REASON OF IN-
CLEMENT WEATHER PREVENTING PERFORMANCE OR BY REASON OF OTHER UNFORESEEABLE
OCCURRENCES OR CIRCUMSTANCES REASONABLY BEYOND ITS CONTROL WHICH PREVENT PER-
FORMANCE, THEN THE DATE OF OBLIGATION TO PERFORM PARAGRAPH (A) SHALL BE EXTENDED
BY THE NUMBER OF DAYS OF INCLEMENT WEATHER OR SAID OTHER OCCURRENCES OR CIRCUM-
STANCES PREVENTING PERFORMANCE.
(C) CITY AGREES TO PAY PIPE LINE OWNER THE SUM OF $
UPON THE COMPLETION OF PERFORMANCE OF PARAGRAPH (A), AS EVIDENCED BY CERTIFICA-
TION OF PERFORMANCE BY THE ENGINEERING FIRM OF HARRINGTON & CORTELYOU, AND A
LETTER FROM AN OFFICER OF PIPE LINE OWNER THAT PARAGRAPH (A) HAS BEEN PERFORM-
ED.
(D) PIPE LINE OWNER AGREES THAT THE SAID SUM TO BE PAID SY THE
CITY UPON THE PERFORMANCE OF PARAGRAPH (A) 13 THE FULL REMUNERATION OWED TO
PIPE LINE OWNER AND COVERS AND INCLUDES ALL COST AND EXPENSES OF ANY AND EVERY
NATURE INCURRED IN PERFORMING PARAGRAPH (A) AND IS FULL CONSIDERATION PAID BY
THE CITY, IN ITS SAID CAPACITY, AND THAT THE PERFORMANCE OF PARAGRAPH (A) SUF-
FICIENTLY PROTECTS SkID PIPE LINE FROM DAMAGE BECAUSE OF THE USE OF RAILROAD
TRAIN SERVICE.
(E) PIPE LINE OWNER AGREES TO HOLD HARMLESS AND INDEMNIFY
CITY, NUECES COUNTY, NUECES COUNTY NAVIGATION DISTRICT N0. 1, AND THE UNITED
STATES ARMY FOR ANY AND ALL DAMAGES OR CLAIMS FOR DAMAGES BY ANY PERSON, FIRM
OR CORPORATION, RESULTING FROM OR AS A RESULT OF, ANY NEGLIGENT ACT OR OMIS-
SION TO ACT OF PIPE LINE OWNER OR ANY PERSON, FIRM OR CORPORATION ACTING FOR,
-3-
AND WITH THE CONSENT OF, PIPE LINE OWNER IN CONNECTION WITH THE SAID PIPE
LINE RELOCATION AND /OR ADJUSTMENT, AND /OR CASINGS AND/OR REMOVAL ACTIVITIES
AS CONTRACTED HEREIN.
(F) PIPE LINE OWNER WILL USE THE $AMC REASONABLE CARE AND
DILIGENCE CUSTOMARY IN THE PIPE LINE BUSINESS IN- PERFORMING PARAGRAPH (A).
IN THE EVENT OF CROP OR LAND DAMAGE FOR WHICH PIPE LINE OWNER IS LEGALLY
RESPONSIBLE TO A THIRD PARTY BECAUSE OF CROP OR LAND DAMAGES NOT CAUSED BY
NEGLIGENCE CITY AND PIPE LINE OWNER AGREE THAT PIPE LINE OWNER WILL MARE
NO PAYMENT TO SAID THIRD PARTY,UNLE$S AUTHORIZED BY CITY IN WRITINGS BUT WILL
NOTIFY CITY WHEREUPON CITY WILL UNDERTAKE AND ASSUME ALL NEGOTIATIONS, SETTLE-
MENTS AND /OR DEFENSE OF LITIGATION INVOLVED AND SUBJECT TO PARAGRAPH (E)
ABOVE, CITY WILL HOLD HARMLESS AND INDEMNIFY PIPE LINE OWNER FROM ANY LIABILITY
TO SAID THIRD PARTY FOR SAI-D REASON.
(o) THE CITY AND PIPE LINE OWNER AGREE THAT THIS MEMORANDUM
AGREEMENT BECOMES -IN FULL FORCE AND EFFECT UPON APPROVAL OF THIS CONTRACT BY
THE CORPS OF ENGINEERS U. S. ARMY, EVIDENCED BY A LETTER OR COPY THEREOF BY
THE SAID CORPS OF ENGINEERS DENOTING APPROVAL.
WITNESSETH THE SEALS AND SIGNATURE$ THIS DAY OF
1955.
{
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1959:
CITY ATTORNEY
ATTEST:
SECRETARY OF PIPE LINE OWNER
CITY OF CORPUS CHRISTI
BY
HERBERT W. WHITNEY
CITY MANAGER
BY
PIPE LINE OWNER
PRESIDENT
•
resew sign
.1
Pipe Dr Ireahl
110/3/ 040.N
. —
VIVIK.1700
1 DRAWN ICH IrCIE 0
'us pc.
- -t
T
1
MIA 6
HUMBLE PIPE UNE CO.
*Teas
TYPICAL ROAD CROSSING
lir/CASDIG, SEALS AND
INSULATCRS
NTS [""10/3/S6 IS- 2441