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Home My WebLink About18943 ORD - 07/30/1985• AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR THE CITY'S SHARE OF CONSTRUCTION COSTS IN THE REMOVAL AND REPLACEMENT OF THE DRAINAGE STRUCTURE IN HIGHWAY 44 AT CLARKWOOD ROAD; APPROPRIATING $175,000 APPLICABLE TO PROJECT NO. 295-85-1, McNORTON AREA DRAINAGE IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with the State Department of Highways and Public Transportation providing for the City's share of construction costs in the removal and replacement of the drainage structure in Highway 44 at Clarkwood Road all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit SECTION 2. That there is hereby appropriated $150,000 from the No. 162-152-807.07, 9th Year Community Development Block Grant applicable to McNorton Area Drainage Improvements and $25,000 from the No. 295 Storm Sewer Bond Fund for a total appropriation of $175,000 applicable to Project No. 295-85-1, McNorton Area Drainage Improvements. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 30th day of July, 1985. ATTEST: y Secretary V MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: WDAY OF JULY, 1985 4i♦. Assistant fit�� Atto ey' 42.052.04 18943 iii i C O G L E D Nueces County Control 102-1, etc. Project: S.H. 44: Adjustment of Existing MBC at Clarkwood Drainage Channel DRAINAGE CULVERT CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made on the date shown hereinafter, by and between the State of Texas, represented by the Engineer -Director, State Department of Highways and Public Transportation, hereinafter referred to as the "State", party of the first part, and the City of Corpus Christi, Nueces County, Texas, acting by and through its duly authorized officers as authorized by Motion passed on the day of , 1985, hereinafter referred to as the "City", party of the second part. WITNESSETH WHEREAS, the City and the State are cooperating in the replacement of a multiple box culvert on State Highway No. 44 at Clarkwood Drainage Channel; and WHEREAS, it is considered the State's responsibility to provide drainage across highway right of way for areas which naturally drain to the said highway; and WHEREAS, the drainage of areas other than those that naturally drain to the highway is considered the responsibility of the City; and WHEREAS, it is in the public interest that the City and the State cooperate in the construction of a replacement multiple box culvert to pro- vide drainage for the entire area under consideration; and WHEREAS, surveys and designs made cooperatively by the City and the State have determined (1) the drainage areas to be considered; (2) the drainage requirements for fhe areas under consideration; and (3) the divi- sion of financial responsibility of the City and the State, which are shown on drawings marked Exhibit "A", Sheets 1 and 2, attached hereto and made a part hereof; and WHEREAS, it is deemed advisable that the City and State each discharge -1- their respective responsibilities with regard to providing the subject drainage facilities by each constructing or paying their applicable costs for the sections of the drainage system as hereinafter agreed and as indi- cated on Exhibit "A", Sheet 2. AGREEMENT NOW, THEREFORE, it is agreed and understood that: 1. The City will proceed at the earliest practicable date to secure at its own expense: (a) the necessary upstream outfall channel right of way; (b) the necessary agreement(s) with the Texas -Mexican Railroad to construct any part of the drainage facilities found necessary to be located on their right of way and for the replacement of the existing structure under the railroad; (c) the necessary utility adjustments outside the limits of the right of way of State Highway 44, including those within the limits of the right of way of the Texas -Mexican Railroad. 2. The City will accept responsibility for the cost of the following items to be provided under the subject construction project contract: (a) Railroad section of the multiple box culvert; (b) drainage appurtenances, inlets, pipes and riprap in Railroad and channel right of way; (c) riprap and seeding for permanent erosion control; (d) Contractor cost item for insurance covering possible liquidated damages to Railroad for failure to complete Railroad work within 72 hour period specified in construction contract; (e) Contractor cost item for carrying standard manufacturer's and contractor's liability, contractor's protective liability and Railroad's protective liability and property damage and physical damage to property insurance required by the Railroad; and (f) 3% of Items 6(a) thru (e) which are within State Highway 44 right of way. 3. The City will maintain all upstream and downstream riprap and other drainage structures outside the limits of the right of way of State Highway 44. 4. The City shall save harmless the State from all claims and liabi- lities resulting from the operation and maintenance of the upstream and downstream outfall drainage channels or due to the activities of the City, its agents, or employees. The City shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claims or liabilities imposed on the State as a result of such activities by the City, its agents, or employees. 5. The State will proceed at the earliest practicable date to: (a) prepare the necessary construction plans, specifications and estimates for the drainage facilities, multiple box culvert and related appurtenance, within State and Railroad right of way as well as the City's upstream and downstream channel right of way; (b) advertise for bids and let the construction contract for the facilities; (c) supervise the construction -2- or reconstruction of the facilities as required by the plans; and (d) arrange for all utility adjustments within State Highway 44 right of way in accordance with Departmental utility policy and existing State law. It is mutually agreed that as the project is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. The State will accept responsibility for 97% of the cost of the following items to be performed within the State Highway 44 right of way as provided under the subject construction project contract: (a) removal of the existing structure; (b) structural excavation; (c) State section of the multiple box culvert; (d) pipe stubouts and inlets; and (e) all other contract items such as mobilization, barricades and traffic handling and temporary erosion control. 7. At least thirty days prior to the scheduled letting date for the proposed construction project, the City shall pay to the State One Hundred Sixty-five Thousand Five Hundred Dollars, ( $165,500.00 ), by check made payable to State Department of Highways and Public Transportation, which sum is the City's participation, as outlined in Item 2, in the esti- mated total cost of drainage facilities, plus ten percent thereof for pre- liminary and construction engineering, miscellaneous costs and the cost of work to be performed by State forces. If at any time during the construc- tion of the project, it is determined that this amount is not sufficient to pay the City's obligation, then the City, upon the request of the State, will forthwith supplement this amount in such amount as is requested by the State. After the project is completed, the actual cost will be determined by the State, based on its standard accounting procedures. Any excess amount will be reimbursed to the City. -3- IN WITNESS WHEREOF, the parties have hereto affixed their signatures, the City of Corpus Christi on the day of , 1985, and the State on the day of , 1985. CITY OF CORPUS CHRISTI THE STATE OF TEXAS By Title ATTEST: Certified as being executed for the purpose and effect of activating and/or carryinig out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By City Secretary Engineer -Director APPROVED AS TO LEGAL FORM THIS THE By day of , 1985 Assistant City Attorney RECOMMENDED: By Assistant City Manager -4- Date n O 0 • m�. iit = GO R .:1;:;• 152 AC ;?710iverteck� / NATURAL DRAINANGE �•o` A = 4248 AC TC = 229 MIN CA = 2124 1r' I50 = 1.67 IN/HR 450 = 3547 CFS + d• '44S :A X E T %.1,1.:4, NAT. :DR4 fN. & .01yEftTED• �:'•' A = 4400 AC TC = 229 MIN CA = 2290 • ,' I5 = 1.67 IN/HR \ ' . Q50 = 3664 CFS DIVERT64,0 CITY SHARE'=' • 1; •-�l u, sE L • .DRAINAGE AREA•MAP . 11 • r' _+Z1 • • •,. Crorkwobd Mb'F`7ft"�PROPOSED ;�= o°all 7,7 . 5-10'x7. 1189' '' 1 STRUCTURti Anvcsru SW; • WOOD TOP OPE ----�---r4. 196 40' 1y 10 I. Ig • RR Cres SI Ino u! X ST arOR C11 STA 18 63. T2 1 FLTIlR ORM 1 �w—, . —........' 111 =171M 1_� 1 RIPRAP . I.I mw— momEMI 1 1 IW111 ter. °,r.71r.�_:_r.x= Iii,/ i1 1iii =Mg_, f* _r_l: M1 VI � 1 1 .• 19' 2e• RT b-- P •2 1 CTION truotlon 1111111116.TAT 1 i ,244, IR0� I �1 �alvorf X0'11 mmoo' i• I . so' ti /I 1 4/�/ I! CITY PROP 1 CITY EI ECTION I 60' QTY OF CORPUS CHRISTI, TIMIS ('TFTCATION Cr FONDS (City Charter Article 1V Section 21) July 22, 1985 I certify to.the City Council that $.150,000.00 , the aunt required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fuad No. and Name Project No. Project Name No. 162 Federal/States Grant Fund Dept. 152, Activity 807.07 McNorton Area Drainage Improvements 9th Year Community Development Block Grant from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 389 6 3,S-• z1 712A) & deb FIN 2-55 Revised 7/31/69 CITY OF CORPUS CHRISTI, mins, CTSTIFICATICN OF FUNDS (City Charter Article IV Section 21) July 22, 1985 I certify to the City Cotmcil that $ 25,000.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Preasury of the City of Corpus Christi to the cr dit of: Fund Nb. and NaIDe No. 295 Storm Sewer Bond Fund Project No. 295-85-1 Project Mme McNorton Area Drainage Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 '514 - Revised 7/31/69 7/2,G1W 25' 000.00 • • Corpus Christi, Te as 36041 day of /,y , 198S- TO 98. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYO Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed .y the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 18943