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:
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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
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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
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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.
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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
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- " __ - 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
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