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
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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.
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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.
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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
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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.
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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
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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