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Home My WebLink About13526 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: D -5RR 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. D -5RR 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 ,(�