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HomeMy WebLinkAbout13091 ORD - 03/24/1976JKH:vmr:3- 22- 76;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS AND THE MISSOURI PACIFIC RAILROAD COMPANY FOR IMPROVEMENT OF THE RAILROAD GRADE CROSSING ON LEOPARD STREET NEAR LEARY STREET, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A', AND MADE A PART HEREOF; 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 Missouri Pacific Railroad Company for improvement of the railroad grade crossing on Leopard Street near Leary Street, all as more fully set forth in the'agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date in order that the construction may be commenced as soon as possible 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 intro- duction 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the �/ day of March, 1976. ZATTES C16y Secretary AP VED: DAY OF MARCH, 1976 J. BRUCE AYCOCK, City Attorney By. "W- Ad'sistant-Cityfdtfolney jf MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 13091 Nueces County Control 74 -9 Project M R005(1) Loop 407 (Leopard Street) Serial No. 415 STATE OF TEXAS M COUNTY OF TRAVIS x THIS AGREEMENT, made this day of , 19 7 , by and between the State of Texas, acting by and through the Bridge Engineer of the State Department of Highways and Public Trans- portation, hereinafter called the "State," Party of the First Part, and the Missouri Pacific Railroad Company, a corporation, hereinafter, whether one or more, called the "Company," Party of the Second Part, acting by and through its , and the City of Corpus Christi, Nueces County, Texas, hereinafter called the "City," Party of the Third Part, acting by and through its duly authorized contracting officers. W I T N E S S E T 11 a—MREAS, the State and the City propose to i'C(uns truce the grade crossing which intersects Loop 407 (Leopard Street) at a point 4,948.2' south of Railroad Milepost 149 (Highway Station 20 +00), in Corpus Christi, Nueces County, Texas, and the State and City desire that the 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 obligations 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 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 Company agrees, at State's expense, to furnish the ma- terials and perform the following work, all as indicated on Exhibit "A," attached hereto and made a part hereof: D -5RR 1 2 -25 -76 1.1 Remove the existing crossing pavement and furnish and install at the crossing, one new timber crossing pavement for a width of 80 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. 2. The State agrees to construct, or cause to be constructed, at State's expense, the following work as indicated on Exhibit "A," at- tached hereto and made a part hereof: 2.1 Furnish and install cement stabilized caliche within the limits of the crossing area as shown on the Exhibit "A." 3. It is understood that the State will not pay for replacement of rails, cross ties, track spikes, tie plates or other material or labor 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. 4. The Company agrees that upon completion of the installation of the crossing pavement, it will assume future maintenance.and responsi- bility for providing a smooth crossing. 5_ The 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 Company which is performed at the site of the project 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 reim- bursement for any materials or handling charges will be contingent upon issuance of a "Work Order" by the State to the Company. 6. Upon completion of the work, the Company shall bill the State and the State will pay to the Company the cost of labor, material and expenses incurred. Reimbursement to the Company will be made for work performed and materials furnished, including but not.limited.to, in- surance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance with the provisions of Federal -Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway Administration on April 25, 1975, and amendments thereto except as modified by the provisions herein. 7. 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 Company to proceed with any part of the work outlined D -5RR '2 2 -25 -76 herein_ The State will not be responsible for any expense incident to any cost incurred in the event of the cancellation of this contract. 8. The Company shall retain a equate cost accounting records for auditing purposes for a period f three years after payment of the final bill. 9. It is-agreed that all existing agreements between the Company and the City concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 10. All provisions concerning �he State which are stipulated herein shall automatically cease and terminate upon official comple- tion of the project and payment of the final bill. 11. Compliance with Title VI o The Civil Rights Act of 1964. During the performance of this cont act, the Company (referred to as the "contractor" in the following p ragraphs numbered 1 through 6), for itself, its assignees and succe sors 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 nondiscrimination 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 a ipment_ The contractor will not participate either directly or fne rectly in the discrimination pro- hibited by Section 8.4 of the Regu lations, including_ employment practices when the contract covers a program set forth in Appendix A -II of the Regulations. (3) solicitations for Subcontract , Including Procurements of Materials and Equipment: In all solicitatio s either by competitive bidding or negotiation made by the contractor for work to be performed under a sub -. contract, including procurements o materials or equipment, each potential D -5RR 3 2 -25 -76 f subcontractor or supplier contractor's obligations tive to nondiscrimination origin. shall be� notified by the contractor of the under thi contract and the Regulations rela- on the g ound of race, color, or national (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 Department of Highways and Public Transportation or the Federal Highway Administration to be pertinent to ascertain com- pliance with such Regulations, orde s and instructions. where any in- formation required of a contractorlis in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Department of Highways and Public Trans- portation, 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 Department of Highways and Public Transportation shall im- pose 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 -' eluding procurements of materials End 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 Etate.Department of Highways and Public Transportation or the Federal Highway Administration may direct as a means of enforcing such provi ions including sanctions for non- compliance: 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 litigatior 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 2 -25 -76 v IN TESTIMONY WHEREOF, the par ies hereto have caused these presents to be executed in triplic to on the day above stated. MISSOURI PACIFIC RAILROAD COMPANY, THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and /or carrying out the (Title) orders, established policies, or work programs heretofore approved ATTEST:. and authorized by the State Highway (Seal) and Public Transportation Commission: By: Assistant Secretary for Company Bridge Engineer RECOMMENDED: Under authority of State Highway and Public Transportation Commission Minute Order No. 70104, dated June 20, (Title) 1975 APPROVED AS TO FORM: RECO.•9TENDED FOR APPROVAL: Attorneys for Company Chief Engineer of Highway Design CITY OF CORPUS CHRISTI (Title) ATTEST: (Seal) Supervising Office Engineer Townsend, City Manager) i APPROVED: J. Bruce Aycock, City Attorney By. Asst. City Attorney (Title) City Secretary Warning System Director of 'Finance D -SRR 5 2 -25 -76 - " __ - Tw- CORPUS CNRIBTI, TEXAS -1 lzc- AT OF G 19S • TO THE MEMBERS OF THE CITY COUNCIL( CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIR WENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 19 INTRODUCED AND THAT -SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE EET (NOS OF THE CITY COUNCIL) I, THEREFORE REQUEST THAT YOU SUSPEND SAID CHAR ER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS IN RODUCED' OR AT THE PRESENT MEETING OF THE CITY COUNCIL. THE CHARTER RULE WAS JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB- GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL. BOBGULLEY GASE LOZANO, SR. EDWARD L. SAMPLE RESPECTFULLY YOR TIIE( CITY OF CORPUS CHRISTI, S (ENDED BY THE FOLLOWING VOTE: I i p ASSED BY THE FO LOWING VOTE: 41 cA