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
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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