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HomeMy WebLinkAbout11960 ORD - 03/20/1974JRR:jkh:3 /18/74:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH THE STATE OF TEXAS AND THE TEXAS — MEXICAN RAILWAY COMPANY PERTAINING TO THE INSTALLATION OF AN AUTOMATIC GRADE CROSSING PROTECTION DEVICE ON SOUTH STAPLES AT THE INTERSECTION OF THE N.A.S. RAILROAD TRACKS AT HOLLY ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with the State of Texas and the Texas Mexican Railway Company pertaining to the installation of an automatic grade crossing protection device on South Staples at the intersection of the N.A.S. railroad tracks at Holly Road, all as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the execution of the aforesaid agreement at the earliest practicable date in order that the work may be commenced and proceed to its completion without delay creates a public emergency and an 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 and 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the�day of March, 1974. ATTEST: C Ci y Secre ar APPROVED: DAY OF MARCH, 1974: • f6,5 ` K�ICi y At oiney q 11a�i. G!n MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • STATE OF TEXAS )( COUNTY OF TRAVIS )( Nueces County • Control 2343 -2 -2 Project MG 5122 (2) Metropolitan Highway 29 In Corpus Christi 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 Texas Mexican Railway Company a corporation, hereinafter, whether one or more, called the "railroad company" or "company," Party of the Second Part, acting by and through its and the City of Corpus Christi in Nueces County, Texas, hereinafter called the "City," Party of the Third Part, acting by and through its duly authorized contracting officers . under a resolu- tion adopted the day of , 19 W I T N E S S E T H WHEREAS, Metropolitan Highway 29 (South Staples Street) crosses the line of the railroad company at a point 3,097 feet southeast of Railroad Milepost 9 in Corpus Christi, Nueces County, Texas, and the State and the City propose to install automatic grade crossing protection devices of the type and at the crossing as shown on print marked "Exhibit A," attached hereto and made a part hereof. A G R E E M E N T 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 agreed as follows: 1. The railroad company hereby grants to the State and City per- mission to install the automatic grade crossing protection devices and to use the crossing at the intersection of the railroad and street or road as shown on Exhibit "A." E1(" I g� T Q tl D -5RR Protection Device 1 11 -19 -73 2. It is agreed that all existing agreements between the rail- road company and the City concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 3. The permission, granted hereby, shall not in any way prevent the railroad company from operating its trains across the land over which permission has been granted. It is expressly agreed that no legal right of the railroad company to maintain, use, locate, align, realign and relocate the railroad track now located across the premises, and to construct and thereafter maintain, use and relocate any additional track or tracks, or other facilities, as it may desire, across said street or road at said intersection, shall be in anywise affected by the granting of this permission, subject, however, to the provisions of paragraph 8 hereof. In the event of any such changes the railroad company shall restore the street or road to a proper condition for the use,of the traveling public to the satisfaction of the Bridge Engineer of .the Texas Highway Department and the City. 4. The railroad company and the State agree jointly to prepare plans and estimates based upon specifications approved by the railroad company and the Bridge Engineer of the Texas Highway Department for the proposed automatic grade crossing protection devices and, after having been approved in writing by the railroad company, the Bridge Engineer of the Texas Highway Department, and the City, said plans, specifica- tions and estimates are hereby adopted as plans, specifications and estimates covering the installation of said protection devices and when so approves shall be attached hereto marked Exhibit "B" and made a part hereof. No changes in these,plans, specifications and estimates are to be made without written approval of such changes by the railroad company, the Bridge Engineer of the Texas Highway Department, and the City. 5. The railroad company, unless otherwise provided, shall make such changes or alterations in the tracks, communication and signal, pole and wire lines, pipe sewer and drainage or other facilities or buildings located upon the railroad company's right -of -way, which may be displaced or required by the construction of the project, as may be necessary to maintain continuous service and conform them to said construction and restore them to former condition for service either prior to, during or following construction of said work, all of which, as far as known to the railroad company, shall be shown on the said plans_ The railroad company shall prepare plans and estimates subject to approval by the State, for the adjustment of such facilities. Such plans and estimates shall be attached hereto and made a part of Exhibit "B." Any known work to be done, not shown on the plans and in the estimates will not be paid for. D -5RR Protection Device 2 11 -19 -73 • 6. Materials required for the installation of the automatic grade crossing protection devices are to be furnished by the rail- road company_ Said materials are to be of the kind and quality as described or shown on the plans, specifications and estimates. The railroad company will furnish to the State a detailed estimate of all items needed in connection with the proposed installation. 7. The railroad company shall install materials to be furnished by it and shall do other work as required to put such automatic grade crossing protection devices into operation in accordance with Exhibit "B. 8. The railroad company shall maintain and operate the automatic grade crossing protection devices as installed and in accordance with the design of operation as shown on Exhibit "B." No changes are to be made in the design or operation of said protection devices without the written approval of the Bridge Engineer of the Texas.Highway Depart- ment and the City. In future maintenance painting, the railroad company agrees to retain the painting color combinations as accepted at the time of installation, unless otherwise agreed upon in writing by the railroad company and the City. 9. If the crossing of the street or road and railroad as shown on Exhibits "A" and "B" is ever abandoned, the automatic grade crossing protection devices installed under this contract shall not be removed by the railroad company to any point other than that which might be approved by the City. 10. In the event the crossing referred to herein is for a new location, the State and City agree not to open said crossing to public travel prior to completion of the contract work for the adjacent street, at which time if the railroad company's forces have not completed the installation of the protection devices covered by this contract, it will be the railroad company's responsibility to install such warning signs as are required by law until the protection devices are placed in service; however, the State and City will not open the crossing to public travel until they have given the railroad company a minimum of ten days notice to place such temporary warning signs. In the event the crossing referred to ,herein is for an existing location, the State and City agree not to remove any existing warning signs prior to installation of the protection devices provided herein. 11. The State agrees to furnish such construction stakes and /or elevations as are required for the proper construction of the project. D -5RR Protection Device 3 11 -19 -73 Any field engineering performed by the railroad company to check or verify the accuracy of any work performed shall be without expense to the State. 12. The railroad company shall commence the work to be done by it herein within two weeks after receipt of written notice from the State that the work may proceed and shall proceed diligently to the conclusion of its obligations herein. Reimbursement will not be made for work undertaken by the railroad company which is performed at the site of the project prior to the issuance of such work order by the State. This does not apply to the assembly at the railroad stores or loading points of materials which might be used on the project. Such assembly may be undertaken 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_ 13. Reimbursement to the railroad company will be made for work performed and materials furnished, including but not limited to, insurance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance 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. 14. Railroad and utility company bills. a. The railroad company may submit monthly bills prepared in satisfactory form for work performed in compliance with this agree- ment provided the cost to be billed exceeds $.500.00. .Upon receipt of said monthly bills, the State will make a payment to the railroad company. The amount of such payment may be up to 90% of the cost of the work performed and as covered by said bill: Subsequent to the final audit the State will make final payment to the railroad company for work performed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. b. In the event that the railroad company does not desire monthly payments, then upon satisfactory completion of the work per- formed by the railroad company under this agreement.and receipt of a statement in proper form, the State shall make payment to the railroad company. The amount of said payment may be up to 90% of the cost of such work. Subsequent to the audit the State will make final payment to the railroad company for work performed and materials furnished D -5RR Protection Device 4 11 -19 -73 • • in accordance with this agreement and approved plans and specifica- tions and approved changes thereof. 15. The State expects to be reimbursed for its expenditures hereunder from funds provided by the United States Government. Such reimbursement can only be obtained by the State by compliance with the statutes, rules and regulations from time to time enacted and promulated by the United States Government and its Federal Highway Administration. In case such statutes, rules or regulations shall hereafter be altered or amended in such manner as to affect the State's right to such reimbursement or funds from which this construction is proposed are not available, the State reserves the right to cancel this agreement at any time prior to the actual letting of a contract by the State hereunder. 16. In the event that construction is not undertaken, or in the absence of a work order being issued by the State to the railroad company, the State and the City will not be responsible for any ex- penses incident to any cost incurred in connection with any provision of this contract. 17. The Federal Highway Administration Policy and Procedure Memoranda and supplements referred to herein are made a part of the agreement by reference and shall have the same force and effect as though recited in full herein. 18. 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 1 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. (1) Compliance with Regulations: 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 procurements D -5RR Protection Device 5 11 -19 -73 of materials and leases of equipment. The contractor will not partici- pate either directly or indirectly in the discrimination prohibited 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 Equipments: 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 con- tractor 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 infor- mation 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 of 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 nondiscrimi ation 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, (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 paragraphs (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 the State Highway Department or the D -5RR Protection Device 6 11 -19 -73 • • 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 interest 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. 19. In accordance with the provisions of Policy and Procedure Memorandum No. 21 -10, issued by the Federal.Highway Administration, October 3, 1958, and amendments thereto, it has been determined that no benefits shall be construed as accruing to the railroad company and no contribution to this project will be required of the railroad company. 20. 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 Administration Policy and Procedure Memorandum No. 30 -9, paragraph 2.b., issued March 31, 1972. 21. All provisions concerning the State which are stipulated herein shall automatically cease and terminate upon official completion of this project and payment of the final bill. D -5RR Protection Device 7 11 -19 -73 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 MD (Tit le,) /President ar6p—al-lffiager ATTEST: (Seal) tazLt` � Secretary for Railroad Company RECOMMENDED: (Title) Vice President - Operations e (Title) APPROVED AS TO FORM: Attorneys for Railroad Company CITY OF CORPUS CHRISTI Bv: (Title) ( _ � � Vv\ o'.\ck ATTEST: (Seal) (Title) Protection Device 6 THE STATE OF TEXAS 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 High- way Commission: BY: Bridge Engineer Under authority of Highway Commission Minute Order No. 67022, dated January 31, 1973 RECOMMENDED FOR APPROVAL: Chief Engineer of Highway Design Supervising Office Engineer D -SRR 11 -19 -73 Corpus Christi, Texas day of 19& 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 k a—WW- j� Ricardo Gonzalez err Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark 04 om � 11 3♦ Soy, g� ?y; yr�sa ;y. t ENLARGED LAYOUT SCALE 1'•10• - VICINITY LAYOUT SCALE P. Off ells• 7T-3' OVERALL T THE RAILROAD c .. _..,- .. _. WCE - - e• taro T T P I CAL SECTION 6a[wW SDVIH SiAP1.E9 ST. APP"X 300 Wax ASPH. COnC PAVYL 4PPAh( s• COY" ' RExIBLe BASE APP B' Lt4E STae sueseaae lay GENERAL NOTES L Signal eiradh are dvyns0 to air. 25 __ft aPmexaA to mrlYai m th. toped hale m thh ar.0 , 2 AC -OC ancwt. on tP be o..d m Ieh S 9A�Data, 3000 VPO at 30 YPx and 2 bale. Pw dq al 4. 4'x80' PVC CmWve fP M faroixh.d and Piaa.d ey Ou SroteL Cmimatm al 30' 6elaw Ioa m Ile eMnth. Eadx ro a harked and PlcOped. S eel faNeh.d 1. p fry a Cxy- fooedafipp; R r qa� to IL Tie City will tumish A*a— lxmelrrp Sig. oad r+ana. rarklel. 2 IrdereoarecSOn mntaeh ro a TmNNad by Roll Rani DESCRIPTION OF PROJECT T— (2) FW.Nry Lipet S'VW% Type E (AM I'MID wife 26• length —111 .m mr. 2' - a.e ro in Inelmled h the amount on�v, oexehelh. t2' Hiph Intmrel d dlrMIm m dh tvaa., y r"aadah me to be hllixea with the lenx ainad. e. gsrlr hereaa. Twa (2) Sell. LMP hwdnay shall ee WrdPPrd with 36 wmt Ilgm Oleee.• AI ..d al a ad. i— .1 10.0 d'. aHm ae 1 a"moaee aardlllal. LAYOUT SHEET FLASHING LIGHT SIGNAL§ MH 29 8 TEX -MEX RAILROAD GRADE CROSSING IN CORPUS CHRISTI TA.o9 '�, ae7 I I