HomeMy WebLinkAbout18110 ORD - 03/07/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF
TEXAS AND THE MISSOURI PACIFIC RAILROAD COMPANY FOR THE
INSTALLATION OF RAILROAD FLASHERS AND GATES AT THE RAILROAD
CROSSING ON HEARN ROAD; APPROPRIATING $16,960; 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 State of Texas and the Missouri Pacific Railroad Company for
the installation of railroad flashers and gates at the railroad crossing on
Hearn Road, all as more fully set forth in the agreement, a copy of which is
attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $16,960 from the No. 220
Street Bond Fund for the City's 20 percent estimated share of installation
costs.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to take
immediate action to preserve and protect public property by expediting the
construction of public improvements, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this
the 7th day of March, 1984.
ATTEST:
y Secretary
APPROVED: °'-DAY OF FEBRUARY, 1984
J. BRUCE A COCK, CITY ATTORNEY
istant ity Attorney
MAYOR
THE ' TY OF CORPUS CHRISTI, TEXAS
/4JCROFILMED
19110
Nueces County
Project BRO16(15)X
Control 916-35-14
Hearn Road
In Corpus Christi
DOT No. 427 587Y
STATE OF TEXAS X
COUNTY OF TRAVIS X
THIS AGREEMENT, made on the dates hereinafter shown, by and
between the State of Texas, acting by and through the Bridge Engineer
of the State Department of Highways and Public Transportation,
hereinafter called the "State", Party of the First Part, and
the Missouri Pacific Railroad Company
a corporation, hereinafter called the "company", Party of the Second
Part, acting by and through its duly authorized contracting executives,
and the City of Corpus Christi
Texas, hereinafter called the "political subdivision", Party of the
Third Part, acting by and through its duly authorized contracting
officers.
W ITNESSETH
WHEREAS, Hearn Road
crosses
the railroad line of the company at Railroad Mile Post 146.6, Hearn
Road Station 11+67.8P in Corpus Christi, Nueces County, Texas,
and the State and the political subdivision propose to install grade
crossing warning systems of the type and at the crossing as shown
on the print marked "Exhibit A", attached hereto and made a part
hereof; and
WHEREAS, it has been determined that this work is eligible for
Federal -Aid participation and such work is administered by the
State; and
WHEREAS, the State has approved a program of work which includes
this project; and
WHEREAS, it is understood that references to the "State" herein-
after apply to obligations and considerations during project construc-
tion, and that references to the political subdivision hereinafter
apply to continuing obligations and considerations after completion
of the project.
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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 hereinafter set forth, it is agreed as follows:
1. The company hereby gives to the State and the political sub-
division permission to install the grade crossing warning systems and
to use the crossing at the intersection of the railroad and street or
road as shown on Exhibit "A."
2. It is agreed that all existing agreements between the company
and the political subdivision concerning licenses, permits, leases or
easements at this location shall remain in full force and effect.
3. The permission, given hereby, shall not in any way prevent the
company from operating its trains across the land over which permission
has been given. It is expressly agreed that no legal right of the
company to maintain, use, locate, align, realign and relocate the rail-
road track now located across the premises, and to construct and there-
after maintain, use and relocate any additional track or tracks, or other
facilities, as it may desire, across said street or road at said inter-
section, shall be in anywise affected by the giving of this permission,
subject, however, to the provisions of paragraph 8 hereof. In the event
of any such changes the company shall restore the street or road to a
proper condition for the use of the traveling public to the satisfaction
of the political subdivision.
4. The company and the State agree jointly to prepare plans and
estimates based upon specifications approved by the company and the
State for the proposed grade crossing warning systems. After having
been approved in writing by the company, the State, and the political
subdivision, said plans, specifications and estimates covering the instal-
lation of said warning systems shall be attached hereto marked "Exhibit B"
and made a part hereof. No changes in the Exhibit "B" are to be made
without written approval of such changes by the company, the State, and
the political subdivision.
5. The company, unless otherwise provided, shall make such
changes or alterations in the tracks, communication and signal, pole
and wire lines, pipe sewer and drainage or other facilities or buildings
located upon the company's right-of-way, which may be displaced or re-
quired by the construction of the project, as may be necessary to main-
tain continuous service and conform them to said construction and restore
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them to former condition for service either prior to, during or following
construction of said work, all of which, as far as known to the company,
shall be shown on the said plans. The company shall prepare plans and
estimates subject to approval by the State, for the adjustment of such
facilities. Such plans and estimates shall be attached hereto and made
a part of Exhibit "B." Any known work to be done, not shown on the
plans and in the estimates will not be paid for.
6. Materials required for the installation of the grade crossing
warning systems are to be furnished by the company. Said materials are
to be of the kind and quality as described or shown on the plans, speci-
fications and estimates. The company will furnish to the State a detailed
estimate of all items needed in connection with the proposed installation.
7. The company shall install materials to be furnished by it and
shall do other work as required to put such grade crossing warning systems
into operation in accordance with Exhibit "B."
8. The company shall maintain and operate the grade crossing warning
systems as installed and in accordance with the design of operation as
shown on Exhibit "B." No changes are to be made in the design or opera-
tion of said warning systems without the written approval of the State
and the political subdivision. In future maintenance painting, the
company agrees to retain the painting color combination as accepted at
the time of installation, unless otherwise agreed upon in writing by
the company and the political subdivision.
9. If the crossing of the street or road and railroad as shown on
Exhibits "A" and "B" is ever abandoned, the grade crossing warning sys-
tems installed under this contract shall not be removed by the company
to any point other than that which might be approved by the political
subdivision.
10. The State agrees to furnish such construction stakes and/or
elevations as are required for the proper construction of the project.
Any field engineering performed by the company to check or verify the
accuracy of any work performed shall be without expense to the State or
the political subdivision.
11. The company shall commence the work to be done by it herein
within two weeks after receipt of written notice from the State that
the work may proceed and shall proceed diligently to the conclusion of
its obligations herein. Reimbursement will not be made for work under-
taken by the company which is performed at the site of the project
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prior to the issuance of such work order by the State. This does not
apply to the assembly at the railroad stores or loading points of ma-
terials which might be used on the project. Such assembly may be under-
taken 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 State to the company.
12. Reimbursement to the company will be made for work performed
and materials furnished, including but not limited to, insurance pre-
miums 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.
13. In the event that construction is not undertaken, or in the
absence of a work order being issued by the State to the company, the
State and the political subdivision will not be responsible for any
expense incident to any cost incurred in connection with any provision
of this contract.
14. Railroad and utility company bills.
a. The company may submit monthly bills prepared in satis-
factory form for work performed in compliance with this agreement
provided the cost to be billed exceeds $500.00. Upon receipt of said
monthly bills, the State will make a payment to the company. The
amount of such payment may be up to 90% of the cost of the work per-
formed and as covered by said bill. Subsequent to the final audit the
State will make final payment to the company for work performed and
materials furnished in accordance with this agreement and approved
plans and specifications and approved changes thereof.
b. In the event that the company does not desire monthly
payments, then upon satisfactory completion of the work performed by
the company under this agreement and receipt of a statement in proper
form, the State shall make payment to the company. The amount of said
payment may be up to 90% of the cost of such work. Subsequent to the
audit the State will make final payment to the company for work per-
formed and materials furnished in accordance with this agreement and
approved plans and specifications and approved changes thereof.
15. The company shall retain all records for auditing purposes
for a period of three years after payment of the final bill.
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16. All provisions concerning the State which are stipulated
herein shall automatically cease and terminate upon official comple-
tion of the project and payment of the final bill.
17. The State expects to be reimbursed for its expenditures here-
under from funds provided by the United States Government. Such reim-
bursement can only be obtained by the State by compliance with the
statutes, rules and regulations from time to time enacted and promul-
gated by the United States Government and its Federal Highway Adminis-
tration. In case such statutes, rules or regulations shall hereafter
be altered or amended in such manner as to affect the State's right to
such reimbursement or funds from which this construction is proposed
are not available, the State reserves the right to cancel this agree-
ment at any time prior to the actual starting of work at the project
site.
18. 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 the work per-
formed 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 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 practices
when the contract covers a program set forth in Appendix A -II of the
Regulations.
(3) Solicitations for Subcontract, 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
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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 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 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, 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
noncompliance with the nondiscrimination provisions of this contract,
the State 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, in-
cluding 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
procurements as the State 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 sub-
contractor 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.
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19. It had been determined that no benefits shall be construed as
accruing to the company and no contribution to this project will be required
of the company.
20. The Political Subdivision agrees to participate in the project as
outlined in the Construction and Maintenance Agreement, April 30, 1981.
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IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in triplicate on the dates indicated.
MISSOURI PACIFIC RAILROAD COMPANY THE STATE OF TEXAS
By:
(Title) Npate S -e'+
RECOMMENDED:
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:
By:
Bridge Engineer Date
Under authority of State Highway
and Public Transportation Com-
mission Minute Order No. 78501 and
Administrative Order No. 29-81.
(Title) RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
Attorney for Company
CITY OF CORPUS CHRISTI
By:
(Title)
Edward A. Parting
City Manager
ATTEST:
(Seal)
Date
(Title)
City Secretary
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District Engineer
Supervising Office Engineer
APPROVED: MARCH 7, 1984
By
Assistant City Attorney
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CITY OF CORPUS CHRISTI, TEM
C PIFICATION OF FONDS
(City Charter Article IV Section 21)
March 5, 1984
I certify to the City Council that $ 16,960.00 , 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. 220-77-51.1
Project Name Hearn Rd. Railroad Safety Devices at
Missouri Pacific Railroad Crossing
frsn which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55'
Revised 7/31/69 ..
Corpus Christi, Texts
7' day of
, 198
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYO
Council Members
//
THE C TY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed y the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
1811.0