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HomeMy WebLinkAbout15865 ORD - 11/05/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR THE REMOVAL AND REPLACEMENT OF TRACKS, TIES AND BALLAST AND IN- STALLATION OF A PLANKED CROSSING AT MARTIN STREET AND HOLLY ROAD IN CONJUNCTION WITH THE CABANISS ACRES STREET IMPROVEMENTS PROJECT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE N0. 220 STREET BOND FUND THE SUM OF $24,000 FOR PAYMENT TO TEXAS MEXICAN RAIL- WAY COMPANY APPLICABLE TO PROJECT NO. 220-77-2.13, CABANISS ACRES STREET IMPROVEMENTS; 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 Texas Mexican Railway Company for the re- moval and replacement of tracks, ties and ballast and installation of a planked crossing at Martin Street and Holly Road in conjunction with the Cabaniss Acres Street Improvements Project, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $24,000 for payment to the Texas Mexican Rail- way Company applicable to Project No. 220-77-2.13, Cabaniss Acres Street Improvements. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums necessary to effect the contract 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 declared that such emergency and necessity to exist, having requested the suspension of the Charter rule and that this milU WBLitED SEP 2 71984 15865 fl 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_5Lday of November, 1980. ATTEST: City Secretary APPR VED: DAY OF NOVEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cif/qtorney �/ IR y TH CITY OF CORPUS CHRISTI, TEXAS AGREEMENT STATE OF TEXAS • X COUNTY OF NUECES J THIS AGREEMENT, made this day of , 1980, by and between the City of Corpus Christi, hereinafter call the "City", and the Texas Mexican Railway Company, a corporation, hereinafter called the "Railway Company", acting by and through A. R. Ramos its President and General Manager. WITNESSETH WHEREAS, in connection with the construction of Martin Street in the project known as "Cabaniss Acres Area Street and Drainage Improvements" the City proposes to construct a 48' back-to-back of curb street crossing said track used by the Railway Company at the point indicated on Exhibit "A" attached hereto and made a part hereof, and WHEREAS, said construction of Martin Street will necessitate removing, lowering and relaying the railroad track, and WHEREAS, the City will bear the cost of the above described work; the removal and replacement of said track will be performed by the Railway Company, and the construction of Martin Street and track subgrade adjustment will be performed by the City. 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 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 Railway Company hereby grants to the City its permission for the construction and use of aforesaid Martin Street across said property as shown on Exhibit "A". 2. The permission, hereby granted, shall not in any way prevent the Railway Company from operating its trains, from multiplying or changing track across the land over which permission has been granted. LCH 3. The Railway Company agrees to remove the track as necessary in order to permit the City's contractor to construct a 48' back-to-back of curb street across the track and to lower the Railway Company track. When the street base and track base have been placed and compacted, the Railway Company agrees to relay that portion of removed track. The contractor will be allowed up to seven (7) working days to complete this phase of construction. All equipment necessary to complete the proposed crossing and track adjustment will be located on the job site before construction by the City 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 Railway Company track at this location. 5. It is understood that the City will pay for the installation of a full plank crossing at this location. 6. The City shall maintain or arrange for the maintenance of said Martin Street. 7. The Railway 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 Railway 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 Railway Company. 8. Upon completion of the'work the Railway Company shall bill the City, which will pay to the Railway Company the cost of labor, material, and expenses incurred. Reimbursement to the Railway 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 included, 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. -2- 9. 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 Railway Company to proceed with any part of the work outlined herein. The City will not be responsible for any expense incidental to any cost incurred in the event of the cancellation of this contract. 10. The Railway Company shall retain adequate cost accounting records for auditing purposes for a period of three years after payment of the final bill. 11. The Railway Company has estimated that the cost to the City for the track removal and replacement per this agreement is $ 24,000.00 When final billing is made to the City such billing will include copies of payroll time statements, equipment useage and related items. • 12. During the performance of this contract, the Railway 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 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 procprements of materials and leases of equipment. The contractor will not participate, either directly 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 Apendix A -II of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding. on negotiation made by the contractor for work to be performed under a subcontract, - including procurements of materials and equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations -3- under this contract and the Regulations relative to nondiscrimination on the ground of race, color or natural 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 City 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 City, 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 provision of this contract, the City shall impose such contract sanctions as it 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 Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the City 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 City to enter into such litigation to protect the interests of the City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -4- IN TESTIMONY WHEREOF, the parties hereto have caused these presents be executed in duplicate on the day above stated. THE TEXAS MEXICAN RAILWAY COMPANY THE CITY OF CORPUS CHRISTI By By President and General Manager R. Marvin Townsend, City Manager ATTEST: (Seal) ATTEST: Secretary for Rail w y Co a RECOMMENDED: APPROVE AS TO FO City Secretary APPROVED: 3 day of a ,,,__ , 1980 J. Bruce Aycock, C ty Attorney By Assistant Attorney A t rn: s for the RIilway Compa -5- SCALE • i" = 4'•Qp'; .a• • r..r.. sr. • CFOANISS 1••- .4c -ES 0 -0 .EX41131r- `14' Ns sr. ICNAH..N, alfa Mfj• . I<.u-..f. fl. as.f .Y ,Nr'sT. • /'QYLY .'r?.'S%r=l--i/L J;.� C' CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that4 24,000.00 October 31, 1980 • , 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. 220-77-2.13 Project Name Cabaniss Acres Street Improvements from which it is proposed to be drawn, and such money is not appropriated for g• ' any other purpose. • 17 /. S Director of Fina FIN 2-55 Revised 7/31/69 19r0 Corpus Christi, exas day of 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, MAYOR Aif THEOF ITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky' The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: was passed by the following vote: 15865