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HomeMy WebLinkAbout15395 ORD - 02/27/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY PROVIDING FOR REIMBURSEMENT OF $4,000 TO THE RAILWAY COMPANY FOR ?HE REMOVAL AND REPLACE- MENT OF TRACKS, TIES AND BALLAST FOR NINE NEW DRAINAGE STRUCTURES IN THE GABRIEL TERRACE DRAINAGE OUTFALL, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $4,000 OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-72-2, GABRIEL TERRACE DRAINAGE OUTFALLS;. 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 authorized to execute an agreement with the Texas Mexican Railway Company providing for reimbursement of $4,000 to the Railway Company for the removal and replacement of tracks, ties, and ballast for nine (9) new drainage structures.in the Gabriel Terrace Drainage Outfall, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $4,000 out of the No. 295 Storm Sewer Bond Fund, applicable to Project No. 295-72-2, Gabriel Terrace Drainage Outfalls. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of funds hereinabove set out at the earliest practicable date so that construction may commence, 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 declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 27 day of February, 1980. ATTEST: �z sA�l16 ty Secretary APPROVED: .21 DAY OF FEBRUARY, 1980: J. BRUCE. AYCOCK, CITY ATTORNEY THE OF CORPUS CHRISTI, TEXAS OW3 G YI \4114.. 15395 MICROFILMED. AGREEMENT STATE OF TEXAS T COUNTY OF NUECES X THIS AGREEMENT, made this day of 1980, by and between the City of Corpus Christi, hereinafter called the "City," and The Texas Mexican Railway Company, a corporation, hereinafter called the "Railroad Company," acting by and through. its President and General Manager. WITNESSETH WHEREAS, the United States Navy owns the property and track -thereon at the location described below, said property and trackage being used by The Texas Mexican Railway Company under a lease from the'United States Navy, and WHEREAS, in connection with the construction of State Highway 358, and an attendent drainage outfall known as the West Oso Outfall, the City proposes to open -cut au excavation across property leased by the Railroad Company from the United States Navy and to construct a 3 barrel 7' x 7' Multiple Box Culvert, at a point where the drainage outfall crosses the track used by said Railroad Company at Railroad Station Number 184+43, as indicated on Exhibit "A" attached hereto and made a part hereof, and WHEREAS, actual construction across said property leased to the Railroad Company will be under contract by the Texas Department of Highways and Public Transportation by separate agreement .between said state agency' and the City, and WHEREAS, said construction of the Multiple Box Culvert will necessitate removing and relaying the railroad track., and WHEREAS, the City will bear the cost of the above described work, said track adjustment to be performed by the Railroad Company and said construction of Multiple Box Culvert to be performed by the City acting through the State Department of Highways and Public Transportation, hereinafter called the "State". AGREEMENT . NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept N seg /7 t1 and performed as hereunder set forth, and subject to the approval and consent of the United States Navy, as to this agreement, it is agreed as follows: 1. The Railroad Company hereby grants to the City its permission for the construction and use of the aforesaid Multiple Box Culvert across said property and under the railroad track as shown on the Exhibit "A". Such permission shall likewise be granted by the Company to the Texas Department of Highways- and Public Transportation. 2. The permission, hereby granted, shall not in any way prevent the Railroad Company from operating its trains, from multiplying or changing track across the land over which permission has been granted. 3. The Railroad Company agrees to remove the track as necessary • in order to permit the State's contractor, acting for the City, to open -cut an excavation trench and place a 3 barrel 7' x 7' Multiple Box Culvert under the Railroad Company's track. When the box has been placed and backfilled, the Railroad Company agrees to relay that portion of removed track. The contractor will be allowed up to three (3) working days to complete this phase of construc- tion. A11 equipment necessary to complete the proposed crossing will be located on the job site before construction by the State contractor can begin. 4. It is understood that the City 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 Company track at this location. 5. The City shall maintain or arrange for the maintenance of said Multiple Box Culvert. 6. The Railroad Company shall commence the work to be done by it herein within thirty (30) days after having been notified by the City to proceed with the work and shall proceed diligently unto completion. Reimbursement will not be made for work undertaken by the Railroad Company prior to issuance of a "Work.Order"•by the City: 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 the issuance of a "Work Order" by the City to the Railroad Company. 7. Upon completion of the work, the Railroad Company shall bill the City, which will pay to the Railroad Company the cost of labor, material and expenses incurred. Reimbursement to the Railroad Company will be made for -2- .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. 8. The City reserves the right to cancel this agreement for any reason and at any time prior to the issuance of a "Work Order" by the City to the Railroad Company to proceed with any part of the work outlined herein. The City will not be responsible for any expense incident to any cost incurred in the event of the cancellation of this contract. 9. The Railroad Company shall retain adequate cost accounting records for auditing purposes for a period of three years after payment of the final bill. 10. The Railroad Company has estimated that the cost to the City for the track removal and replacement per this agreement is $ 4,000.00 When final billing is made to the City such billing will include copies of payroll time statements, equipment useage and related items. 11. During the performance of this contract, the Railroad Company (referred to as the "contractor" in the following paragraphs number 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 performed 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 procurements of materials and leases of equipment. The contractor will not participate either directly -3- or indirectly in the discrimination prohibited 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 Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor'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 information 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 Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information 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 Highway Department, or the Federal Highway Administra- tion as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contrac- tor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose 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, including procurements of materials and leases of equipment, unless exempt by the -4- Regulations, order, or instructions issued prusuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department -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 addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. THE TEXAS MEXICAN RAILWAY COMPANY THE CITY OF CORPUS CHRISTI - By By . (Title) President and General Manager R. Marvin Townsend, City Manager ATTEST: (Seal) ATTEST: Secretary for Railroad Company City Secretary RECOMMENDED: APPROVED: (Title)Vice President - Operations (Title) APPROVED AS TO FORM: Attorneys for Railroad Company -5- day of , 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February. 26, 1980 I certify to the City Council that $ 4,000 , 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. 295 Storm Sewer Bond Fund Project No. 295-72-2 Project Name Gabriel Terrace Drainage Outfalls from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Ai 2 7 , 19� FIN 2-55 Revised 7/31/69 Director o y -•ce Corpus Christi, Texas .27 day of , 19J) 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 suspension 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 ordinance finally,on the date_it is introduced, or at the present meeting of the City Council. Respectfully, MA THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: