HomeMy WebLinkAbout19301 ORD - 05/13/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING
FOR JOINT CITY/STATE CONSTRUCTION IMPROVEMENTS TO THE
BALDWIN FARMS DRAINAGE OUTFALL; APPROPRIATING $79,365; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with the State Department of Highways and Public Transportation
providing for joint City/State construction improvements to the Baldwin Farms
Drainage Outfall all as more fully set forth in the agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $79,365 from the No. 295
Storm Sewer Bond Fund applicable to Project No. 295-72-2.2, Baldwin Farms
Drainage Outfall.
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 13th day of May, 1986.
ATTEST:
City Secretary MAYOR
APPROVED:DAY OF MAY, 1986
C15ey
O6P.O9O.O1
THE CI OF CORPUS CHRISTI, TEXAS
19301 MICROFILMED
•
Nueces County
Control: 617-1-96
Project: C617-1-96
S.H.358: From 0.5 mile
N.W. of Airport Ditch to
S. of SH44
BALDWIN FARMS DRAINAGE CHANNEL SYSTEM CONSTRUCTION
AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made on the dates hereinafter shown, by and between
the State Highway and Public Transportation Commission of the State of Texas,
hereinafter called the "State", and the City of Corpus Christi, Texas, herein-
after called the "City", acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the City and the State are cooperating in the construction
of a controlled access highway on State Highway No. 358 from 0.5 mile north-
west of Airport Ditch to south of State Highway 44; and
WHEREAS, said highway requires the construction of a storm water
drainage system for proper drainage; and
WHEREAS, it is considered the State's responsibility to provide for
said storm water drainage on said controlled access highway right of way and
the frontage property which naturally drains to said controlled access high-
way; and
WHEREAS, the drainage of areas other than those that naturally drain
to the controlled access highway is considered the financial responsibility of
the City; and
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WHEREAS, it is in the public interest that the City and the State
cooperate in the construction of a drainage system for the entire area under
consideration; and
WHEREAS, surveys, designs and cost estimates made cooperatively by
the City and the State have determined: (1) the areas to be considered; (2)
the drainage requirements for the areas under consideration; and (3) the rela-
tive financial responsibility of the City and the State; all of which are
shown on drawings and summary of responsibilities marked Exhibit "A", attached
hereto and made a part hereof; and
WHEREAS, it is deemed advisable that the City and the State each
discharge their respective responsibilities with regard to the construction of
the drainage system facilities by the City making all utility adjustments and
by the State constructing the facilities and each party hereto paying for the
cost of sections of the drainage system as hereinafter agreed and as indicated
on Exhibit "A".
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: (1) the necessary Baldwin Farms Drainage Channel System
right of way; (2) all drainage channel easements; (3) all railroad crossing
easements; and (4) make all necessary utility adjustments on the Baldwin Farms
Drainage Channel System beginning at the upstream channel east of State
Highway 358 and extending downstream to Kelly Ditch. The City agrees to give
the State, at no cost to the State, all borrow material (channel excavation)
found within the Baldwin Farms Drainage ChannelSystem, which is to be removed
to the approved lines and grades.
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2. The City will maintain all drainage channels, riprap, concrete
boxes and other structures that are within the Baldwin Farms Drainage Channel
System area and outside the limits of the right of way of State Highway 358.
The State will maintain the drainage system proposed for construction on State
Highway 358 and the Baldwin Fauns Drainage Channel System structure within the
State Highway 358 right of way.
3. The City will indemnify the State against any and all damages
and claims for damages against the State resulting from the operation and
maintenance of the Baldwin Farms Drainage Channel System. All judgments for
such damages of any trial court or such appellate court to which an appeal or
request of the City has been taken, shall be paid by the City upon such judg-
ment becoming final. Such payments shall include but are not limited to those
damages resulting from injury to or death of persons or for loss of or damage
to property and any and all court costs, attorney's fees and expenses related
to or connected with any claims or suits for damages resulting from said
operation and maintenance. If requested in writing by the State to do so, the
City shall assist the State with or relieve the State from defending any such
suits brought against it.
4. The State will proceed at the earliest practicable date to
construct at its own expense: (1) the concrete box culvert within the State
Highway 358 right of way at approximately BL Sta. 764+00; (2) the removal of
common channel borrow material to the typical section shown on Exhibit "A";
(3) the riprap for permanent erosion control at Kelly Ditch Bridge; and (4)
temporary erosion control during construction.
5. The State will also construct at City expense: (1) the drainage
structures under the Tex-Mex Railroad at Bear Lane; (2) the Heinsohn Road -Bear
Lane intersection drainage structure; (3) inlets, pipe and riprap for down
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drain structures; (4) all driveways and driveway culverts, including sloped
riprap headwalls, within the drainage system right of way from the beginning
of the upstream channel east of State Highway 358 downstream to Kelly Ditch;
(5) all seeding and riprap for permanent erosion control as shown on Exhibit
"A", except as specified in Item 4 above.
6. Upon completion of construction plans and estimates, the City
shall deposit in escrow with the State, in accordance with a separate
agreement, funds equal to the estimated amount of the City's participation.
7. It is agreed that engineering and contingency costs, including
design, contract letting costs, surveying, inspection, and supervision, shall
be eight percent of the final contract construction cost of the structures
indicated on Exhibit "A" to be financed by the City.
8. At the completion of the construction project, the final par—
ticipation quantities will be mutually agreed to by the parties hereto, to
which quantities shall be applied the contract prices to determine the actual
cost responsibilities of these contracting parties.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the dates below.
CITY OF CORPUS CHRISTI THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
By: eating and/or carrying out the
orders, established policies,
or work programs heretofore
(Title) approved and authorized by the
State Highway and Public Trans -
Date: portation Commission:
ATTEST:
By:
Deputy -Director
Design and Construction
Secretary Date:
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7E11 /MEXICAN RAILWAY
FAP
SHEET 1 of 7
EXHIBIT 'A"
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SH358
Struct re
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State
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SHEET 2 OF
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7
PLATO RD.
EXHIBIT
Kelly Ditch .
Downstream
Riprap at Kelly
Ditch
State Cost
Tex-Mex. Railroad
Structure
City Coat
1-leinsohn Road
Structure
City Cost
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11E//V..50H/V i
MATCI-
LINE
4-; "cm.
51-1E-1 3 OF 7
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100' or 120'
2 0'
I 20'
(NAT. GRD.
2.� 15' P
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30' .IP ri
TYPICAL SECTION
120' CHANNEL R.O.W.
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30'
-L BEAR LN.
40'
30' Usual . EXIST. GRD.
VARIES
TYPICAL SECTION
Along BEAR LANE
SHEET 4 OF 7
EXHIBIT
"A
SUMMARY OF
CONSTRUCTIONANDCOST RESPONSIBILITIES
ITEMIZED BY SECTIONS NO.1-3
SECTION NO.1 (UPSTREAM OUTSIDE STATE HIGHWAY R.O.W.)
. EXCAVATE CHANNEL AT STATE EXPENSE AND USE MATERIAL IN
SH358--CONSTRUCTION ......_...
▪ CONSTRUCT AT CITY EXPENSE ANY DRIVEWAYS, DRIVEWAY
DRAINAGE STRUCTURES, RIPRAP FOR DOWNDRAINS AND PERMANENT
EROSION CONTROL -AND/OR ANY OTHER NECESSARY CONSTRUCTION
ITEMS REQUIRED AND AGREED TO BY THE CITY.
PROVIDE AT.STATE--EXPENSE TEMPORARY EROSION CONTROL DURING
CONSTRUCTION.
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ACQUIRE.. CHANNEL..RIGHT ....OF_..WAY.
MAINTAIN DRAINAGE FACILITIES.
MAKE OR ARRANGE FOR ALL NECESSARY UTILITY ADJUSTMENTS AT
--CITY-..EXPENSE..OR--AT-- THE ---EXPENSE OF OTHERS.
PAY FOR CONSTRUCTION DESCRIBED IN ITEM 2 OF "STATE TO:"
'ABOVE.
,PAY ENGINEERING AND CONTINGENCY COSTS AT 8% OF THE FINAL
----CONTRACT-CONSTRUCTION-COST OF THE ITEMS OF WORK DEFINED -
..BY......ITEM .....4...._ TO BE..FINANCED-BY .._THE CITY.
SECTION NO.2
(WITHIN STATE HIGHWAY R.O.W.)
STATE TO:
CONSTRUCT OR PROVIDE AND PAY FOR 100% OF THE COSTS,
INCLUDING E&C:
.--THE--CONCRETE--BOX CULVERT CROSSING SH 358 R.O.W.
STRUCTURAL EXCAVATION.
PIPE STUBOUTS, AND STORM SEWER CONNECTIONS.
ALL -OTHERCONTRACT-ITEMS SUCH AS MOBILIZATION,
BARRICADES -AND -TRAFFIC HANDLING, AND TEMPORARY
EROSION CONTROL.
MAINTAIN DRAINAGE FACILITY.
-ARRANGE-FOR-UTILITY ADJUSTMENTS IN ACCORDANCE WITH
-•DEPARTMENTAL POLICY---AND-EXISTING STATE LAW.
SECTION NO.3 (DOWNSTREAM - OUTSIDE STATE HIGHWAY R.O.W.)
EXCAVATE CHANNEL AT STATE EXPENSE AND USE MATERIAL IN
=SH358 CONSTRUCTION.
CONSTRUCT AT--STATE---EXPENSE•-THE-CONCRETE RIPRAP FOR
PERMANENT EROSION CONTROL AT THE TIE-IN TO KELLY
DITCH.
PROVIDE AT STATE EXPENSE TEMPORARY EROSION CONTROL
-DURING-CONSTRUCTION, ......._......_....__:... _..... __.._......................__......_......._ ...... .. _ ......
CONSTRUCT AT CITY:; EXPENSE
ALL DRIVEWAYS AND DRIVEWAY DRAINAGE STRUCTURES.
-.-B.......THE...HEINSOHN...-ROAD BEAR LANE INTERSECTION
DRAINAGE -STRUCTURE...........
THE DRAINAGE STRUCTURE UNDER THE TEX-MEX RAILROAD
AT BEAR LANE.
ALL PIPE STUBOUTS,...INLETS AND RIPRAP FOR DOWNDRAIN
STRUCTURES -AND -.PERMANENT EROSION CONTROL, EXCEPT
THAT PROVIDED UNDER ITEM NO.2 ABOVE.
ALL RIPRAP FOR PERMANENT EROSION CONTROL
ALL-TEMPORARY--EROSION.-CONTROL DURING CONSTRUCTION. -
SHEET
ONSTRUCTION.
SHEET 6 OF 7
Jo
-ALL-OTHER-NECESSARY-CONSTRUCTION ITEMS REQUIRED
-AND-AGREED--TO-BY-THE--CITY; SUBSEQUENT TO EXECUTION
•OF THIS AGREEMENT AND DURING THE CONSTRUCTION
;PHASE OF THE PROJECT.
1. ACQUIRE THE OUTFALL CHANNEL RIGHT OF WAY AT CITY
EXPENSE.
2. MAKE OR ARRANGE
AT CITY EXPENSE
FOR ALL NECESSARY UTILITY ADJUSTMENTS
OR AT THE EXPENSE OF OTHERS. --
MAINTAIN ALL DRAINAGE FACILITIES.
SECURE AGREEMENT WITH THE TEXAS -MEXICAN RAILROAD TO
CONSTRUCT THE DRAINAGE FACILITY ACROSS THEIR RIGHT OF
WAY.................................................. �.__._._...............
:PAY ENGINEERING.AND CONTINGENCY COSTS AT 8% OF THE
FINAL'. CONTRACT CONSTRUCTION COST OF THE ITEMS OF WORK
TO BE FINANCED BY THE CITY.
Corpus Christi, Texas
/0- day of
, 198
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,
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19301
CITY OF CORPUS CEBISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 79,365
07
May 7, 1986 �g
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co
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, the amount 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:
Fund No. and Name
Project No.
No. 295 Storm Sewer Rond Fond
295-72-2.2
Project Name
Baldwin Farms Drainage Outfall
fwniwhich it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/6
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