HomeMy WebLinkAbout13526 ORD - 12/15/1976JKH:hb:12 /14/76
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI, THE STATE DEPART-
MENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND THE
TEXAS MEXICAN RAILWAY COMPANY FOR THE LOWERING OF THE
TRACKS AT HOLLY ROAD AND KOSTORYZ ROAD IN CONNECTION
WITH THE KOSTORYZ ROAD STREET IMPROVEMENT PROJECT,
ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB-
STANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED
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 between the City of Corpus Christi, the State
Department of Highways and Public Transportation, and the Texas Mexican Rail-
way Company for the lowering of the tracks at Holly Road and Kostoryz
Road in connection with the Kostoryz Road street Improvement project.
SECTION 2. That the necessity to authorize the execution = of
an agreement in connection with the Kostoryz Road street improvement
project at the earliest practicable date 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 three several meetings of the City Council, and the Mayor having de-
clared such emergency and necessity to exist, having requested the suspen-
sion 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 /S day of l--et� 1976.
ATTEST:
'Me'HIO ,. 4&1 (2,
CM Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF 1976:
J. BRUCE AYCOCK, C ATTORNEY
By
Assistant City ttorney MICROFILMED,
JUAI ? 0 1980
J-3526
Nueces County
Control 8017 -16
Project M R017(1)
Kostoryz Road
Serial No. 13151
STATE OF TEXAS H
COUNTY OF TRAVIS X
THIS AGREEMENT, made this 1st day of December
19 76 , by and between the State of Texas, acting by and through the
Bridge Engineer of the State Department of Highways and Public Transporta-
tion, hereinafter called the "State," Party of the First Part, and The
Texas Mexican Railway Company, a corporation, hereinafter called the "Com-
pany," Party of the Second Part, acting by and through
B. F. Wright, Jr. its President and General Manager
and the City of Corpus Christi, Nueces County, Texas, hereinafter called
the "City," Party of the Third Part, acting by and through its duly autho-
rized contracting officers.
W I T N E S S E T H
WHEREAS, the State and City propose to reconstruct the grade crossing
which intersects Kostoryz Road, at a point 2,196 feet west of Railroad
Milepost 7 (Highway Station 52 +82.2), 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" hereinafter
apply to obligations and considerations during project construction, 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 materials
and perform the following work, all as indicated on Exhibit "A," attached
hereto and made a part hereof:
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1 10 -25 -76
�Xffi ai 7- `/-� r
1.1 Remove and relay tracks.
1.2 Furnish and place ballast.
1.3 Remove the existing crossing pavement and furnish and
install at the crossing, one new crossing pavement between the end of the
ties for a width of 81 feet. The timber crossing pavement is to be full
depth planked crossing made with creosoted heavy timber as thick as the
rails and tie plates.
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," attached
hereto and made a part hereof:
2.1 Perform all grade work for plank crossing and track adjust-
ment.
2.2 Remove all drainage structures shown beneath the tracks and
provide for drainage after the track is removed.
2.3 Provide lime stabilized subgrade for entire length of re-
located track.
2.4 Provide lime stabilized caliche for the planked crossing.
3. The Company agrees to use reasonable care in removing and rein-
stalling the existing cross ties. In the event that ties are damaged
beyond reuse, the State will reimburse the Company for the damaged ties,
if any, to be replaced.
4. The Company agrees that upon completion of the installation of
the crossing pavement, it will assume future maintenance and responsibility
for providing a smooth crossing.
5. The Company shall commence the work to be done by it herein with-
in 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 reimbursement for any materials
or handling charges will be contingent upon issuance of a "Work order" by
the State to the Company.
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2 Rev. 11 -18 -76
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, insurance
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 here-
in. 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. I
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 completion 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 under-
taken 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 this work per-
formed by it after award and prior to completion of the contract work,
D -5RR
3 10 -25 -76
I---
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 prac-
tices 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 sub-
contract, including procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the contractor of the con-
tractor'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 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 non-
compliance with the nondiscrimination provisions of this contract, the
State Department of Highways and Public Transportation shall impose such
contract sanctions as it or the Federal Highway Administration may de-
termine 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 pro-
visions of paragraphs (1) through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The
D -5RR
10 -25 -76
1-1-
contractor will take such action with respect to any subcontract or
procurement as the State Department of Highways and Public Transporta-
tion 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 addi-
tion, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
D -5RR
5 10 -25 -76
\I--
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
By:
(Title), sident Ad Gener Manager
ATTEST:
(Seal) �' ; )'
peat. Secretary for Company
RECOMMENDED:
(Title) Vice President - Operations
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 and Public Transportation
Commission:
BV:
Bridge Engineer
Under authority of State Highway
and Public Transportation Commission
Minute Order No. 70104, dated June 20,
1975
RECOMMENDED FOR APPROVAL:
(Title) Chief Engineer, Highway Design
APPROVED AS TO FORM:
Sup ising Office Engineer
Attorneys for Company
CITY OF CORPUS CHRISTI
APPROVED:
BV: DAY OF , 1976:
(Title) f
J. BRUCE AYCOCK, CITY ATTORNEY
ATTEST:
(Seal)
(Title)
6
By.
Assistant City Attorney
D -5RR
10 -25 -76
acre, Tronsmissbn Line
Pole, Rt. St.. 92+60, Elev. 30}9,
-- t t .I cans 1 rnadeen
Fur RanksO up so ay
kalrood Crwainq •
ov. Asph Cale Pavm'f.
_ ".R Appraa.'W Fla. )iris
Holes tafie bah shah
- - Ao. Appm. Ill of 6% dulled s tan te teyh
. Typrl) Slaw-
of bol
Caichs Boa
Section Of IlP E- Plank Grade Crassing
Scale Vodes
rt I
NOTES:
.W
WORK TO BE DONE BY TEX. MEX. FAILROAD, CO. FORCES
AND PAID FOR BY STATE DEPAR7MEHT OF HIGHWAYS
Telephone Cable Sta. 53+40
��'� I I�-
n
w�m =
Q I
111111
LOW Wlre
AND PUBLIC TRANSPORTATION. r
19.7' Above Exist. G. Roadway j
7' �.
Rr°
""a
I
am
E.
R
sE
CP.8L Po Line Sto.52+47
46.45'Above Exist.CRoadway 2
I. Remora aM nptop track.
t
(No Adjustment Required) I
J 1
-
�'
M::
W
I
Plonked
(No Adjustment Required))
�f K,Vwp Rd.
2 Farrah wA dace all baled.
Row. LW- I
80
~.
Za-"
9' Back to Back
O
Prnp.l- 38'n2�'R.G
raw clM
ref _
3. Prwia full d.0h Nfl. r smasr,y pawmmt.
,TYPICAL
I
RAW L
SECTION
a Praads cerein,pas Idvd ral irouanoul Imam of
planked Crase4N.
Prop. Awk Coon Pot
_ E_r L i _'9 R_
-- 4NLP[ -G_ue. -=
_ _X
App- 200 #MY.
Sj- tW-
E, 4,.0.0.
- - Baal Tao taw
�._
_.
YS
WORK TO BE DONE BY STATE.
__,�
=3 KOSTORYZ RO.
Bu,rd Ak 4
rJ c
FRCP
, ,as
s
-- - - _ - -
L Perlorm all grading 'Work far plank sassing anti
°
7d
'Mt $
�sn
.ratrteali4.smiraa fan
rack aejwhRem.
- - - T-
Edal34 -R P S1arm Se�eFy
In rvaad
T -
2.Remover It Aoinoge d,uaaee shwm und., raliroed
_
_ _ _ a _
—.�' --
_ -1�'
-_ --
_
-_
_ — •�� -E.4v ao -0.GP Srm. S.�r
-•
and woelae rer tlrelnaq.
S Rwih hens doW11as0 wbgiadl1 }a entire lenam of
M-Md hacks and ame Wsli'aN celleM for
the planked croaky. I I
4 Bench Markt Base Of Steal P
Eutl -1B.K GI- B'%e6'R CP - -�- _
Scale: r•30' R.O.W. LI_
e:
�
IQ.
h
I a
'Jj
{ }.,a °t• ^
od
'x��
µ
•�
�Baaa TNe. ten.
OJ1 gXB1 Full Plonked %f053111g
Fwwe sb+shB ICKataTr Pa fid-
CBG . BCee,
acre, Tronsmissbn Line
Pole, Rt. St.. 92+60, Elev. 30}9,
-- t t .I cans 1 rnadeen
Fur RanksO up so ay
kalrood Crwainq •
ov. Asph Cale Pavm'f.
_ ".R Appraa.'W Fla. )iris
Holes tafie bah shah
- - Ao. Appm. Ill of 6% dulled s tan te teyh
. Typrl) Slaw-
of bol
Caichs Boa
Section Of IlP E- Plank Grade Crassing
Scale Vodes
rt I
I �t
.W
'0;
ie
ICI s
n
w�m =
111111
o= W
I
,�...
-
PLAN
VIEW
Proposed hit
Plonked
R.R. Crossing
�f K,Vwp Rd.
'
80
�
9' Back to Back
r
ref _
drEIF=
,TYPICAL
I
SECTION
Prop. Awk Coon Pot
K.,Iw r Road
\
App- 200 #MY.
Scale Vi..
Prop App -W Can
-i nil Mt i u
Prep 12' Lune Stop. 5ubgr. } _ �:•� - .-:. •. s ; ;
b' - Lima EsL al Apprm.
2.67
,.e n�-'• tl^y, Gam• " '� y SAhYxN Wx;N Bens
Typical Svc Im or Mack Tma/sle. (6 %) ' \�:'. �! ":.'��`.�: -^.C�x .F:t+.'�r.i[= �r:aii.! ;.'•_.�r'!� !!
(`+sub? to wed swept fa plank vaang) Tramverse C, - -SmPm Of Ballast B Base UM Pbnkky
Scale Va,ee
,�ta.OHA 1 Sta.M60Z
` LI Ns 01 Llmr Stn,. Su�. Lkn14 Of Llns Ste, Si0 SIE 3100
P op
KwtaYZ Rd._J
EXHIBIT A
SKETCH
Showiflg the proposed Full Plonked Cras
ing S Track Adjustment Kostoryt Road,
Control 8017 -16 Nunes County, and
the Tex. Max. Railroad Track, 2196'
West Of RR.7 Mile Marker Post.
Slate Depmin4a Of Ngh-y.
And Public Traapanation
Office Of District W-
IN. trit Numbs Sae.
• Corp. Christi, T...
September, 1976
Scale as Shawn
PROFILE OF PROPOSED KOSTORYZ ROAD
SCALES: 1 • Sd Nair.
C . 2'a Vat.
C�
CORPUS CHRISTI, TEXAS
JjAl- DAY OF�Z`^'�-
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 SU3PEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT 13 INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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
DR. BILL TIPTON
t
EDUARDO DE ASES
RUTH GILL
BOB GULLEY ,
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
' EDUARDO DE ASES
RUTH GILL .
Boo GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE ,(�