HomeMy WebLinkAbout13217 ORD - 06/09/1976al:hb:6 /7/76:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE STATE OF TEXAS PERTAINING TO THE
CONSTRUCTION OF IMPROVEMENTS TO LEOPARD STREET
(LOOP 407) FROM CARANCAHUA STREET TO WEST OF PALM
DRIVE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS
ATTACHED HERETO MARKED EXHIBIT "A" AND MADE A PART
HEREOF; APPROPRIATING $68,200 OUT OF THE NO. 220
qtr STREET BOND FUND, APPLICABLE TO PROJECT NO. 220 -72 -2,
SAID SUM TO BE PLACED IN ESCROW WITH THE STATE TREA-
SURER ACCOUNT TRUST FUND NO. 927 FOR THE CITY'S
ESTIMATED SHARE OF CONSTRUCTION COST; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE STATE AND MISSOURI - PACIFIC RAILROAD
CO.: FOR THE CONSTRUCTION OF A FULL PLANKED RAILROAD
CROSSING IN CONNECTION WITH THE PROJECT, A SUBSTAN-
TIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "B "; 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 pertaining to the con-
struction of improvements to Leopard Street (Loop 407) from Carancahua
Street to west of Palm Drive, a substantial copy of which agreement is
attached hereto, marked Exhibit "A ", and made a part hereof.
SECTION 2. That there is hereby appropriated out of the No.
220 Street Bond Fund the sum of $68,200, applicable to Project No. 220-
72 -2, said sum to be placed in escrow with the State Treasurer, Account Trust
Fund No. 927, for the City's estimated share of construction costs.
SECTION 3. That the City Manager be authorized to execute
an agreement with the State of Texas and Missouri - Pacific Railroad
Company for the construction of a full planked railroad 'crossing in
connection with the aforesaid project, a substantial copy of which agree-
ment is attached hereto and made a part hereof, Marked Exhibit "B ".
SECTION 4. The necessity to authorize execution of the afore-
said agreements and to provide the necessary sums for the construction of
the Leopard Street Improvements, as aforesaid, 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 but that such ordinance or resolution shall be read at
MICROFILM €®
JUN 161980 '
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 s passage, IT IS ACCORDINGLY SO ORDAINED this
the day of Vile , 1976.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
T DEDAY OF � 1976:
J. BRUCE AYCOCK,, CITY ATTORNEY
By BRM4 46L4
Assistant City Attorne
M R005(1)
-r 74 -9 -2
Nueces County
STATE OF TEXAS X
X
COUNTY OF TRAVIS X
THIS AGREEMENT, made this day of , 1976,
by and between the City of Corpus Christi, Texas, hereinafter called
the "City ", Party of the First Part, acting by and through its City
:manager and the State of Texas, hereinafter called the "State ", Party '
of the Second Part, acting by and through its State Highway and Public
Transportation Commission.
WHEREAS, the City desires the construction of adjusting manholes,
valve covers, driveways, removing existing pavement and incidental
items within the limits from Carancahua Street to west of Palm Drive
on Spur 407, which is solely the City's responsibility and the City
has requested the State to construct or have constructed this work.
The State will construct or have constructed this work for and on
behalf of the City and at the City's sole expense, excluding pre-
liminary engineering. The estimated construction cost of this work
is Sixty Eight Thousand Two Hundred and No /100 Dollars ($68,200.00),
including contingencies and construction engineering, and
WHEREAS, the City by the execution of this agreement agrees to
the terms and conditions of Commission Minute No. 70632, as it applies
to the City, a copy of which is attached hereto and marked. "Exhibit
A" and made a part of this agreement.
1.
ry
NOW THEREFORE, it is understood that this proposed work will
be constructed by the State and the City will transmit to the State
with the return of this agreement, executed by the City, a warrant
or check made payable to the State Treasurer, Account of Trust Fund -
No. 927 in the amount of Sixty Eight'Thousand Two Hundred and No /100
Dollars ($68,200.00), to be used in paying for the proposed work
required by the City in the City of Corpus Christi. It is further
understood that the State will construct only those items for the
City as requested and required by the City and the entire cost of
such items, excluding preliminary engineering, will be borne by the
City. If the State elects to receive bids and if upon receipt of
bids by the State and /or the actual construction and /or approved
changes in the contemplated improvements it is found that this amount
is insufficient to pay the City's portion, then the City upon request
of the State will forthwith supplement this amount by an amount
equal to the City's full estimated or actual share of the cost of
this work less the amount previously paid into Trust Fund No. 927.
In the event the amount as paid is more than the actual cost, then
the excess amount will be returned to the City. It is further
understood that the work to be done on behalf of the City, as herein
provided, will include the cost of contingencies and construction
engineering. It is further understood that the City by the execution
of this agreement agrees to the terms and conditions of Commission
Minute No. 70632, as it applies to the City, a copy of which is
attached hereto and marked "Exhibit A" and made a part of this
agreement.
2.
IN TESTRIONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day above stated.
CITY OF CORPUS CHRISTI
Party of the First Part
By:
City Manager
ATTEST:
City Secretary
Director of Finance
APPROVED:
DAY OF , 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By.
Assistant City Attorney
3.
STATE OF TEXAS
STATE HIGHWAY AND PUBLIC
TRANSPORTATION CM11ISSION
Party of the Second Part
_1
Certified as being executed for the
purpose and effect of activating and/
or carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway and Public Transportation
Commission:
By:
Asst. Engineer- Director under
authority of Commission Minute
70104
Recommended for ekecution:
(State) Director, Finance
WHEREAS, in NUECES COUNTY', the City of Corpus Christi has re-
quested assistance in reconstruction on Loop 407 (Leopard Street) from
North Broadway, west to Palm Drive, a distance of approximately 1.5
miles; and
WHEREAS, Leopard Street; is included in the Urban System; and
WHEREAS, it is the desire of the State Department of lighways and
Public Transportation to assist the City of Corpus Christi in such wort:;
NOW, THEREFORE, the Engineer- Director is directed to tender the
following proposal to the City of Corpus Christi:
Provided the City mill:
1. Conform In :;late ilrp.rrlmrnL of Ilighw.r•y; and I'ubl ir: lraw.porLa-
Linn policir"; and rrrprlal.ion; rrgardinl ul.illLy adjozLmr:nl:.
,arid cnnl.ruc.l.!on rc' ;pon;ihildl:y.
2. Nainl.ain t.hal. portion of I.he work which is its responsibility
in acrnrdenun wil.lr pra•;r•rrl. maintenance agreement: and agree to
rrgolal.e Lr•afiic, provide for parallel parking and prevent
encroachment nn the right of way, all in accordance wiLll'
governing policir; and rcqulal.ions of i.he Brp,n•I,mont.
Subject to the availability of Federal -aid Urban System funds and
the eligibility of the proposed work'for financing with said funds, the
State Department of Highways and Public Transportation will:
1. Prepare construction plans and specifications.
2. ProVide for reconstruction of grading, structures and sur-
facing at an estimated cost of $172,400.00 "as authorized in
the 1975 -1976 Urban System Program.
3. Maintain that portion of the work which is its responsibility
in accordance with present maintenance agreement.
Upon acceptance of the provisions of this Order by the appropri-
ate officials of the City of Corpus Christi, the Engineer- Director is
directed to enter into any necessary agreements with the City covering
the details of the proposed improvements, to proceed with the enrlineering
development of the project and after the City has fulfilled its responsi-
bilities, to proceed with construction as authorized herein in the most
feasible and economical manner .
it is unrder -,Loud that. thr City nny disch ,11-flo its r.on,trlicLion
ohlirl,IlAoll ,IS nul.liurd hrrrdh in ,Illy nhilur,v a; il. In,ry el�lc.l, In Ihr
event Lhr: Cily dc',ir't:'. I.he SL,7Le Ln include its por•11nn ul Lhr vrork in
the State's construction contract, the Engineer - Director is hereb�v autho-
rized Lo.enter into agreement with the City for such work and its cost as
may be agreed upon.
This Order shall become operative upon acceptance by the City.of
Corpus Christi and if not accepted within 90 days of the date hereof,
the action herein contained shall lie automatically cancelled.
Minute No. 70632
November 25, 1975
COPY "EXHIBIT A"
Nueces County
Control 74 -9
Project M RO05(1)
Loop 407 (Leopard Street)
Serial No. 415
STATE OF TEXAS )(
COUNTY OF TRAVIS )(
THIS AGREEMENT, made this 24th day of May ,
19 76 , 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 J. W_ Gessner its
Vice President- Operation , 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 H
WHEREAS, the State and the City propose to reconstruct 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 2 -25 -76
X
i'
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 adequate cost accounting records
for auditing purposes for a period of 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 the 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 of The Civil Rights Act of 1964.
During the performance of this contract, the 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 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 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 Eguipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or equipment, each potential
D -5RR
3 2 -25 -76
subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations rela-
tive 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 Department of Highways and Public Transportation
or the Federal Highway Administration to be pertinent to ascertain com-
pliance with such Regulations, orders and instructions. Where any in-
formation required of a contractor is 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-
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 Department of Highways and
Public Transportation or the Federal Highway Administration may direct
as a means of enforcing such provisions 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 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.
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IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be 'executed in triplicate on the day above stated.
MISSOURI PACIFIC RAILROAD COMPANY THE STATE OF TE.YRS
Certified as being executed for
!�i I the purpose and effect of acti-
BY: r�� j / 2 i� t� vating and /or carrying out the
� VicePresident- Cperntion orders, established policies, or
Title)
work programs heretofore approved
ATTEST/ and authorized by the State highway
(Seal) and Public Transportation Commission:
AssistarkVSecietary for Company By:
Bridge Engineer
RECOMPiENDED: Under authority of State Highway and
Public Transportation Commission
Minute Order No. 70104, dated June 20,
(Title) 1975
APPROVED AS TO FORM:
Attorneys for Company
CITY OF CORPUS CHRISTI
(Title) R. Marvin Townsend, City Manager
ATTEST-
(seal)
(Title) citt�y, Secretary
APPROVED: % DAY OF Ltt , 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
Assidtant City Attorney 5
r.ECO.01ENDED rOR APPROVAL:
Chief Engineer of Highway Design
Supervising Office Engineer
D -5RR
2 -25 -76
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 9, 1976
I certify to the City Council that $ 68,200 the amount required
for the contract, agreement, obligation or expenditures contemplated in the
- •'.above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name No. 220 Street Bond Fund
Project No. 220 -72 -2
"
Project Name Leopard Street Overlay - Battlin' Buc to Broadway
'
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
- `. Directo of F' ante - ,
` FIN 2 -55 ,
ko Revised 7/31/69 .
CORPUS CHRISTI, TEXAS
DAY OF L.C� 19Z
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 7 �-� l/
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES ..Q�
RUTH GILL
BOB GULLEY
GABE LOZANO, SR. -r
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON ..C/
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE X/
r