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HomeMy WebLinkAbout020810 RES - 10/31/1989A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO THE MAINTENANCE OF THE SDHPT'S DRAINAGE RIGHT-OF-WAY ADJACENT TO STATE HIGHWAY 44 AND NEAR THE DE DIETRICH PLANT SITE. BE IT RESOLVED 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 relative to the maintenance of the SDHPT's drainage right-of-way adjacent to State Highway 44 and near the De Dietrich Plant site, 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. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: DAY OF , 19 HAL GEORGE, CITY ATTORNEY By Assistant City Attorney \ORD-RES\89043 MICROFILMED CORPUS CHRISTI DISTRICT NUECES COUNTY DRAINAGE IMPROVEMENTS SH 44, CONTROL 0/07-0/ CONSTRUCTION AND MAINTENANCE AGREEMENT FOR DRAINAGE IMPROVEMENTS ACROSS AND IN THE VICINITY OF SH 44 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made on the dates hereinafter shown, by and between the State Department of Highways and Public Transporta- tion, hereinafter called the "State", and the City of Corpus Christi, Texas, hereinafter called the "City", acting by and through its duly authorized officers. WITNESSETH WHEREAS, the State owns, operates and maintains a system of highways for public use and benefit, including SH 44 near the City of Corpus Christi, Nueces County, Texas; WHEREAS, the State owns a 100 foot wide drainage right-of- way for highway drainage purposes along the western boundary of the Texas A&M Extension Center property from SH 44 to Oso Creek as evidenced by deeds recorded in Volume 210, Page 456; Volume 212, Page 350; Volume 1292, Page 518; and Volume 1449, Page 350, Nueces County Deed Records, and paralleling SH 44 north of and adjacent to the Texas Mexican Railway Company (Tex-Mex Ry.) right-of-way as evidenced by deed recorded in Volume 209, Page 592, Nueces County Deed Records, and as shown on State's right- of-way map (see Exhibit A); WHEREAS, it is in the public interest that the City make certain drainage improvements within the above described State right-of-way, and said drainage improvements will be in accordance with the City's master plan for storm drainage as adopted by Ordinance No. 10843 with amendments (see Exhibit B); 1 WHEREAS, the City has requested the State to permit the con- struction, maintenance and operat'on of drainage improvements as described and shown in Exhibits //bC ; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into an agreement with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety; impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. 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 hereby agreed as follows: 1. The State hereby authorizes the City to perform drainage improvements on the State's highway drainage right-of-way as shown in Exhibit . It is understood and agreed that the State does not purport, hereby, to grant any right, claim, title or easement in, across or upon said properties and acquisition of any necessary right of others to be obtained, if any, will be the responsibility of the City. 2. The City will, at no expense to the State, prepare or cause to be prepared, the plans and specifications for drainage improvements desired by the City. The City agrees not to perform or authorize work on the drainage improvements until the plans and specifications have been approved in writing by the State. A copy of the approvedlans shall be attached hereto and identified as Exhibit C . The City warrants that no changes or alterations shall be made to the plans and specifications without the prior written approval of the State. 3. After approval of the plans and specifications, the City will construct, or cause to be constructed, all improvements shown on the plans and specifications. 4. It is understood that Central Power & Light Company owns an easement for electrical lines which are subordinate to the State's rights for highway drainage (see Exhibit A). The City and State shall cooperate to effect relocation of existing electrical lines that interfere with drainage improvements at no expense to the State. 2 5. The City will, at no expense to the State, provide for all other utility adjustments or relocations required for con- struction of drainage improvements and such adjustments or relocations shall conform to the appropriate State and Fed- eral regulations and policies. 6. The City shall, at no cost to the State, remove all channel excavation material from the State's drainage right-of-way south of SH 44 to a stockpile designated by the State. Channel excavation material from the State's drainage right- of-way north of SH 44 shall be removed from the right of way and become the property of the City or its assigns. 7. The City shall have all work performed on said drainage facility so as to minimize inconvenience to or interference with highway traffic. Said work shall also be in compliance with governing laws and State Department of Highways and Public Transportation regulations and policies. Any traffic control devices required by said work will be in accordance with the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways". The City shall notify the State at least 48 hours prior to beginning any work on said drain- age facility. 8. The City shall have all construction on said facilities performed at no cost or expense to the State. The State shall have the right to make final inspection upon completion. All work shall be conducted in a manner acceptable to the State's District Engineer or his designated representative. The City shall correct all deficiencies revealed by the State's inspection of said work or the traffic control and protection measures, where such deficiencies are communicated to the City in writing and could have an adverse effect on public use of the highway or the safety of the traveling public. 9. The City agrees to pay all damages accruing to the State, by reason of injuries to the right-of-way, roadbed, pavement and/or bridge owned by the State, when such damages are caused by the City's construction, operation, maintenance or rehabilitation on said drainage facility. To the extent allowed by law, the City also agrees to indemnify and save harmless the State from any and all claims, demands, actions or causes of action, due to damage to property or injury to or death of persons arising from or growing out of or in any manner connected with work on said drainage facility includ- ing, but not limited to all court costs, attorney fees and other expenses incurred in connection with suits for such damage and shall, if so requested in writing, assist or relieve the State from defending any such suits brought against it. In addition, the City shall require its con- tractor(s) to secure a policy of insurance in the maximum statutory limits for tort liability, naming the State as an additional insured. 3 Adequate insurance, as a minimum shall mean the City con- tractors shall furnish the State with the State Department of Highways and Public Transportation's Certificate of Insurance covering the below listed insurance coverages: A. Worker's Compensation Insurance: Amount - Statutory B. Comprehensive Automobile Liability Insurance: Amounts - Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $100,000 each occurrence The State shall be included as an "Additional Insured" by Endorsement to policies issued for coverages listed in B above. A "Waiver of Subrogation Endorsement" in favor of the State shall be a part of each policy for coverages listed in A and B above. A certified copy of these endorsements shall be submitted to the State with the evidence of coverage. The City and/or its contractor shall be responsible for any deductions stated in the policy. 10. The City, upon completion of improvements, shall maintain the State's drainage right of way south of SH 44 and north of and adjacent to the Tex-Mex Ry. The State will retain the responsibility of maintaining the drainage improvements within the SH 44 right-of-way. The State will retain the right at all times to enter and make any repairs or altera- tions, deemed necessary by the State, to the State's drain- age right-of-way being maintained by the City. 11. In the event that the State determines that the City's oper- ation of the drainage facility materially interferes with or adversely affects the general highway use of its portion of the highway facility, the State will consult with the City, and such modifications or remedial actions required by the State for the continued operation of the drainage facility will be accomplished, and shall be done within sixty (60) calendar days at the sole expense of the City. 12. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties and their legal successors. 13. The City shall not assign, sublet or transfer its interest in this Agreement without the prior written consent of the State. 4 14. No member, officer or employee of the State of Texas, Nueces County or the City of Corpus Christi, or of a local public body during his tenure shall have any interest, direct or indirect, in this Agreement or the benefits/proceeds thereof. 15. Upon completion of the work authorized herein, the City shall submit copies of the "as built" plans and specifications, reflecting any changes or alterations to said drainage facility to the State's District Engineer in Corpus Christi for the permanent records of the State. 16. Either party hereto may make necessary emergency repairs, notifying the other party hereto of any action taken as soon thereafter as is practical. 17. The City and the State, by the execution of this Agreement, do not waive or relinquish any right which they may have under the law or constitution, State or Federal. 18. In the event either party hereto fails to comply with the terms as set out herein, the other party hereto may take such action as it deems appropriate to compel compliance. Should the City fail to comply with the obligations agreed to in this Agreement, the State will notify that breach of contract has occurred. Within not less than sixty (60) days from the State's written notification, the City must remedy the breach as outlined by the State. In the event the City does not remedy the breach, the State may take over the work on the drainage facility and prosecute the work until com- pletion. In such case, the City shall be liable to the State for the cost of completing the work and any additional cost incurred by the State. 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates below stated. THE CITY OF CORPUS CHRISTI THE STATE OF TEXAS By: Signature Date: Title Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies or work programs heretofore ap- proved by the State Highway and Public Transportation Commis- sion under the authority of Minute Order No. 82513. ATTEST: By: DATE: Engineer of Maintenance and Operations APPROVED: RECOMMENDED FOR EXECUTION: ✓I-3kCity Attorney District Engineer A/'son 6allcuuu 45 October 0541 Date Engineer of Maintenance Bridge Engineer Right of Way Engineer 6 W z VOLUME 209, PAGE 592 S.H. 44 R.O.W. SCALE I� = 400' S.H. 44 R.O.W. 75' C.P.L. EASEMENT VOL. 742, PG.18 VOL. 751, PG.421 275 VOL. 210, PG. 456 VOL. 212, PG. 350 VOL. 1292, PG. 518 VOL. 1449, PG. 350 67.5' C.P.L. EASEMENT VOL. 742, PG. 34 TEXAS A & M EXTENSION CNTR EXIST. 1001 DRAINAGE ESMT 47.5 EXHIBIT "All CITY OF CORPUS CHRIST I,Tc,a- STORM DRAINAGE STUDY PROPOSED DRAINAGE SYSTEM ETE 114.I DATEN ?2 11 BASIC NAISMITH ENGINEERS. INC DEVELOPMENT PLAN 1969 , OR]ULTHNG ENGINEER ,,I 1C ] CORPUS CHRISTI, TEXAS 70401 DPOIRAGE BASIN DIVIDE vvwn�vn •iv vvv� �0- ! !Gait) - flJ733 OPAiNAGE AREA DIVIDE SUB' DRAINAdE APEX DIVIDE - - - C EXISTING STORM DRAINAGE PIPE EXISTING CHANNEL PROPOSED STORM DRAINAGE PIPE PROPOSED IMPROVEMENTS PROPOSED MANHOLE EXISTING CHANNEL EM%ISTING CULVERT PROPOSED CNAMNEL �M -- N DEPT CONTRACT 9CACAAY SANITARY SEWER NOTES E.e .911 SolvWee 0.v44 now HRH, tat r.nY wants k o V URBAN OUTFALL DITCH STA 1 '445 to STA 28+00•i . �',� �URBA N. OUTFALL DITCH STA.2B4O0 to STA. 55.00 4 0 O 00.Q? VIS URBAN] dVa-dld 313SDNOJ 00.01 V1S OO,SI VIS 00.0? VIS 1 OUTFALL DITCH SECTIONS STA. 5.00 to STA 25 X00 oo+o£ Vis oo+OS Vis 1 ti cn N 8 00•b6 is 00+0b'VLS 00+Sb 'vu OUTFA LL DITCH SECTIONS ( !URBAN STA. 30„oo toSTA 54:oo 00.0S V S o0•0S Vis OO.S£ VJS 00.VS Vis OUTFALL DITCH SECTIONS URBAN' STA. 30.00 to STA 54.00 00+0V V15 OO+Sb V1S 99.066.01 Corpus Christi, Texas day of , 198 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes I , Frank Schwing, Jr. 20810