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Home My WebLink About11542 ORD - 06/27/1973JRR /Mc 6 /25/73 1ST TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, THE STATE OF TEXAS AND THE TEXAS MEXICAN RAILWAY COMPANY PERTAINING TO THE CONSTRUCTION OF A PLANK CROSSING AT THE INTERSECTION OF SOUTH STAPLES STREET AND HOLLY ROAD IN CONNECTION WITH THE SOUTH STAPLES STREET PROJECT FROM PADRE ISLAND TO SARATOGA, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS MARKED EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, THE STATE OF TEXAS AND THE TEXAS MEXICAN RAILWAY COMPANY PERTAINING TO THE CONSTRUCTION OF A PLANK CROSSING AT THE INTERSECTION OF SOUTH STAPLES STREET AND HOLLY ROAD IN CONNEC- TION WITH THE SOUTH STAPLES STREET PROJECT FROM PADRE ISLAND TO SARATOGA, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS MARKED EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE ATTACHED AGREEMENT SO THAT THE SOUTH STAPLES STREET PROJECT MAY CONTINUE AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND 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 BUT 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT / FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE ,9 %-X.k. DAY OF rti+/ s 1973• ATTEST: 4�7 CITY ECRETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPRO,,VJJ��ED: /mil Y JUNE, 1973: 1 G /(CWY T T9RNEY , J-1.542 Nueces County Control 2343 -2 Project M 5122(l) Metropolitan Highway 29 STATE OF TEXAS )( COUNTY OF TRAVIS )( THIS AGREEMENT, made this day of , 19 by and between the State of Texas, hereinafter called the "State," Party of the First Part, and the City of,Corpus Christi, Nuece nty,"'��s Texas, acting by and through its authorized officers under an adopted the day of , 19 _, hereinafter called the "City," Party of the Second Part, and The Texas Mexican Railway Company, a corporation, hereinafter called the "Railroad Company," Party of the Third Part, acting by and through its W I T N E S S E T H WHEREAS, the State and the City propose to reconstruct the grade crossing which intersects South Staples Street in Corpus Christi, Nueces County, Texas, and the State and City desire that the Railroad Company perform the work at the crossing as outlined in this agreement and as indicated on the Exhibit "A" attached hereto and made a part hereof, and WHEREAS, it is understood that references to the "State" herein- after apply to cbligations and considerations during project construc- tion, and that references to the "City" hereinafter apply to continuing obligations and considerations after completion of the project. A G I E E M L E E NOW TIEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respective- ly kept and performed as hereinafter set forth, it is agreed as follows: 1. The Railroad Company agrees, at State's expense, to furnish the materials and perform the following work, all as indicated on Exhibit "A," attached hereto and made a part hereof: D -5RR 1 5 -24 -73 1.1 Remove the existing crossing pavement and furnish and install at the crossing one new timber crossing pavement for a width of 99 feet. The timber crossing pavement is to be a full depth planked crossing made with creosoted heavy timber as thick as the rails and tie plates. 1.2 Furnish and place the - necessary ballast. 1.3 Remove and replace track. 1.4 Provide continuous welded rail throughout the length of the planked crossing.- 2. The State agrees to construct, or cause to be constructed at State's expense, the following work as indicated on Exhibit "A." 2.1 Provide lime stabilized subgrade for entire length of relocated track. 2.2 Provide lime stabilized caliche for the planked crossing. 3. The State agrees to furnish and install all metal series railroad crossing signs of the design as shown on the Exhibit "B" attached hereto and made a part hereof. The Railroad Company agrees to maintain, at its expense, the metal reflectorized crossbuck signs as installed. The City agrees to maintain at its expense, the advance warning railroad crossing signs as installed. Upon installation of the crossbuck signs, the Railroad Company shall remove and dispose of any existing crossbuck signs. 4. It is understood that the State will not pay for replacement of rails, cross ties, track spikes, tie plates or other material or Tabor related to the improvement or maintenance of the railroad tracks at this location. All rail joints within the planking limits shall be welded where practicable. 5. The Railroad Company agrees that upon completion of the installation of the crossing pavement, it will assume future maintenance and responsibility for providing a smooth crossing. 6. The Railroad Company shall commence the work to be done by it herein within thirty (30) days after having been notified by the State to proceed with the work and shall proceed diligently unto completion. Reimbursement will not be made for work undertaken by the Railroad Company which is performed at the site of the project D -5RR 2 5 -24 -73 prior to the issuance of a "Work Order" by the State. Materials which might be used on the project may be assembled sufficiently in advance to assure prompt delivery but reimbursement for any materials or handling charges will be contingent upon the issuance of a "Work Order" by the State to the Railroad Company, 7. Upon completion of the work, the Railroad Company shall bill the State and the State will pay to the Railroad Company the cost of labor, material and expenses incurred. Reimbursement to the Railroad Company will be made for work performed and materials furnished, in- cluding but not limited to, insurance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, in ac- cordance with the provisions of Policy and Procedure Memorandum No. 30 -3 issued by the Federal Highway Administration on October 26, 1971, and amendments thereto except as modified by the provisions herein. 8. The State reserves the right to cancel this agreement for any reason and at any time prior to the issuance of a "Work Order" by the State to the Railroad Company to proceed with any part of the work outlined herein. The State will'not be responsible for any expense incident to any cost incurred in.the event of the cancellation of this contract. 9. The Railroad Company shall retain adequate cost accounting records for auditing purposes for a period of three years after pay- ment of the final bill, in accordance with Federal Highway Administra- tion Policy and Procedure Memorandum No. 30 -9, paragraph 2.b., issued March 31, 1972. 10. It is agreed that all existing agreements between the Railroad Company and the City concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 11. All provisions concerning the State which are stipulated herein shall automatically cease and terminate upon official completion of the project and payment of the final bill. 12. Compliance with Title VI of The Civil Rights Act of 1964. During the performance of this contract, the Railroad Company (referred to as the "contractor" in the following paragraphs numbered I through 6), for itself, its assignees and successors in interest, agrees to comply with the following six paragraphs except in those instances where work undertaken under this agreement is performed by its own forces. D -5RR 5 -24 -73 (1) Compliance with Requlations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimina- tion in federally- assisted programs of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work per- formed by it after award and prior to completion of the contract work will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procure- ments of materials and'leases of equipment. The contractor will not participate either directly or indirectly in the discrimination pro- hibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A -II of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive.bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) information and Reports: The contractor will provide all informa- tion and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regula- tions, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or re- fuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, D -5RR 4 5 -24 -73 (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, in- cluding procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as to the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the.United States. D -5RR 5 5 -24 -73 FI IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. THE TEXAS MEXICAN RAILWAY COMPANY THE STATE OF TEXAS E : �y (Title) Preside - General Manager Certified as being executed for the purpose and effect of acti- vating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway ATTEST: Commission: (Seal) BY: — cZ�(ij.2� Bridge Engineer 7#99bl. Secretary for Railroad Company Under authority of Highway Commission Minute Order No. 67022, dated January 31, 1973 . RECOMMENDED: �= RECOMMENDED FOR APPROVAL: (Title) Vice President - Operations (Title) APPRO D AS TO /F' ORRM, : Attorneys for Railroad Company CITY OF CORPUS CHRISTI (Title) ATTEST: (Seal) (Title) z7; '3 Chief Engineer of Highway Design- Supervising Office Engineer D -5RR 5 -24 -73 --'------ . , EXHIBIT 'A' � SKETCH � Track [.�Q 5oufh Staples Staples 5+. Control ?243-Z- / � � 4R GKS • B ELEVATION REFLECTOR .,.N SIGN 7' c ed sl,y;�•R ;fig i "° Aaa,i vlew a -e CROSSING SIGN DETAIL 1 RAILROAD GROSSING SIGN ld NU MIL AL Ed JxL- .r. RAILROADx SIGN DETAIL �A F •"•^ •L~ Fil Fi kJ TRACK NUMBER SIGN DETAIL z z i rL �w DETAIL OF NUMBERS TYPICAL LOCATION SKETCH A AL SERIES RAILROAD UD G SIGNS •Y; w • x b' 4A�M cv six kx SS Ixt. I• .. j5. - _ —_ _,,, n... AY E`l 4 ADAPTER CLAMP ITAST a+ONI BOLT� us,N Aom nc - , A�. wArwNIP, ELET'ATKIN SEDTWN ADVANCE WARNING RAILROAD GROSSING SIGN METAL SERIES RAILROAD CROSSING SIGNS (REiLFLTORMO) EXHIBIT B r� at,i ADAPTER CLAMP AND SHIM DETAIL DETAILS FOR CLAMP ELET'ATKIN SEDTWN ADVANCE WARNING RAILROAD GROSSING SIGN METAL SERIES RAILROAD CROSSING SIGNS (REiLFLTORMO) EXHIBIT B I I , ,., y.n a. p..�,- �......,....y.,..r. ... .. c 151 y n WO12K TO BE DONE DY STATE 1, -•.... n•y -��? �•a0��. C. PL LGDiafr.h S L Perform ell arodiey work forplank eroaaing q '^" . ,.( ,,,5 • -• h a ' .rdIack0 djuafinent•. 35 ___________�G___�o ____JSZ - -• !•rc .. °.'•apl _ _________ ___ _ f Z. Re a II ge tNature! shaven Prop CS-0h 5taples SL u a......e _ r• - ! •• 39 S 29'O one provlee for drainage. _o>�ae.,y _.�_�.,�._ 16 _t ax-- -- - - - - -- -'_--- - rede ferentira ----- --- - - - - -- c` Y- 4 m .> Provide lima lfa bifiied s b9 ' >c •' �j', II £ R.R •Sfa. 37 +93 1-9th of relocated tracks and lime ltabllited �I- /HaPi� 1.;°Z= .:. ""'PZ=1'21'5l Lt. Hp n collche for the Flank d crewing 7•�I�-/• --.� 4 Metal Serte> RR. >�gna(MXS -69)to 6e provided r f Pro 9'x 99'Full Plon kad Cre ssin bg THD C-1—t. R.O.WT -- n •d - •_�_•_ !.O w. k:na 5 Bench Mark 60a N 1 in pow r pale 75 Rt Scale: I• =40_ +. Ed � Y t !•vin p.op e' lA.wnk 5ta 37+54. El— ZZ.96. v�r I I P : J see «•^k co•zo .aI IJ I`Iln __ ____ _ I� FD n il0 - - -- - foie Ni hwo De ar}mcnf will �Prop'9'x99 Full PI.. ad onnlruct roadway up I. plonking N T I Y ^Y • i d x— P PLAN VIEW g _ 2arlroad Crown 0 :I Pro Oled Full Planked Q.Q. Cro >ain Prof Asp h. Cone Povm•t lu, J F e Holes for tie belt! shall .Jl O Ip1pe. Y '��"`" Cewa Pi be drilled far fhe entire _ Prop. Approx.l6 of 6K u = m Pe £ Snufh lee Th of balt(T yPica I "- z' .me Sto bilged Caltehe. O I• -SS1a p{a> St 9 ) ' �' • .le. '. ..` Ft .. nt 5P rTwak T. e L `Ip ' r I Basa. �d,uN.eC�••P,ef�4 thl..i 97.5' r `I Se< +ion Of Prep Plank Grade Crosai.g I .- r•„•, 775 Overall 14h. rallread Scale Yaries —b _ c..t. n s' c•n a' l[aee=k I ld.w•rk ID TYPICAL SECTION Prop Asph Carl R-1 South Staple. 51rmt App— 500%SY ICI Scole Yore. Flap Appro lt9' I . I Flui ble Da>r. A 1; LU- ___ _ �'• F 99' _ %f Stab 5ub5r. (S7•) Prep. C Bellelt �^'II�'iTR -� - Q P;�p 12 ^Lime St b.5ubgr ao. 'a' ": •';` :a �'..+- Est. t Appp .2.G7 •Typical Section Of Mam And 5 r Ton Sto G Track AdJUStment Pu I f'. :.:z' ;:`. • -::�� •'..:: -...• .:.ti..... -, -_':' �' - r.,..Y sr.>,I,r.e e.l..h. e.a. Cb—t n to be used < cept for plant cmw:rlg) Tronavene Croaa- S. <Yron Of Dalb, }415 a.e Under Pbnkirly Seale Vories , Main T.aex M : Trock Va pa c,l C— te pi Vnrt.c•1 Curve D•le P L Sfa • 2f D> elc••2 +29 Pro f- Elav .2l as VG•5o• 5euth 5ta 1 VC SD' n Trask E•OOr pea. E • OOa' MaT.F e•.,f ¢a�l•Elar 2a >9 Top Gust R I arCtax Llra+k 34 .95 36 37 38 39 40 41 42 PROFILE OF PROPOSED SOUTH 5TAPLE5 St �rsks l X50 Heri>L 1 =25 V rh. „I EXHIDIT 'A• SKETCH 5hawin3 the proposed Full Planked Crossing frTmck A41usfmcnt Seu {h Staples 5t�Contro1 2543 -2 Nuece! County, and the Tex• i Mex Railroad Troc$c,3097 East Of RR 9 Mile Marker Post Texea. High way Deparfmrnt O fflce Of D;afrlct Englne.r ' Dlaf riot Number Slxtaen Corpus Chri. }h Texas March, 1973 Swlc As shown ' .. G•. of ur Prof,t. Ra.l_l M••n Trvck) Pa. T. � _ -O O 5 •ck a;, C V cal Curve Oafe Dpi ve 30 V PT "3!e %1201 c-v o' �-- oo' 4 -00 3.00 2.00 (Weat) "o 0.00 1.00 (E..0 2 +00 3+00 4.00 PROFILE OF R,2. TRACK ADJUSTMENT I T•P "OLG ••st_ b !i•91 • ev Ra�lra• > �:_12fIL• — � � --. lPa11f u h --Ox —'-P O? PP �. Prof le _ a_pler St c ;- bfe.?7• 0 Glw Vi, o rvr O VC TZD C.VI�'• N�a 2p 34 .95 36 37 38 39 40 41 42 PROFILE OF PROPOSED SOUTH 5TAPLE5 St �rsks l X50 Heri>L 1 =25 V rh. „I EXHIDIT 'A• SKETCH 5hawin3 the proposed Full Planked Crossing frTmck A41usfmcnt Seu {h Staples 5t�Contro1 2543 -2 Nuece! County, and the Tex• i Mex Railroad Troc$c,3097 East Of RR 9 Mile Marker Post Texea. High way Deparfmrnt O fflce Of D;afrlct Englne.r ' Dlaf riot Number Slxtaen Corpus Chri. }h Texas March, 1973 Swlc As shown ' Corpus Christi, Texas _2 day of 19 73 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, <� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales C� A Ricardo Gonzalez Gabe Lozano, Sr. ( �v J. Howard Stark R� The above ordinance was passed by the following vote: Jason Luby� U James T. Acuff Rev. Harold T. Branch a Thomas V. Gonzales Ricardo Gonzalez U Gabe Lozano, Sr. p�f� J. Howard Stark W .4W