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HomeMy WebLinkAbout19730 ORD - 04/23/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION ACT CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PERFORMANCE OF A SKID TESTING PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager is hereby authorized to execute an Interlocal Cooperation Act Contract with the State Department of Highways and Public Transportation for the performance of a skid testing program to be conducted by the State on approximately 200 miles of city streets all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned Interlocal Cooperation Act at the earliest practicable date, 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 5+h day of (I ATTEST: Cis Secretary APPROVED:73r,-DAY OF HAL GEORGE, CITY ATTORrEY , 1947 04P.125.01 M \--i.[54.44-Pir/ THE ITY OF CORPUS CHRISTI, TEXAS 170,0 MICROFILMED STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR SKID TESTING Agreement No. THIS AGREEMENT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, llth and Brazos, Austin, Texas 78701, hereinafter called the "State" and the City of Corpus Christi, , hereinafter called the "City", acting by and through its duly authorized officers as evidence by Resolution/Ordinance No. , hereinafter acknowledged by reference. WITNESSETH WHEREAS, the testing of road surface materials to predict high skid accident locations is an important undertaking; and WHEREAS, the City desires to have a skid test program performed at various locations within the City's limits; and WHEREAS, the City has requested the State to perform skid testing at various locations within the City; and WHEREAS, the State is authorized under the 1987 Highway Safety Plan, as set forth in State Highways and Public Transportation Commission Minute Order Number 84597, to develop programs to reduce traffic accidents; and WHEREAS, the State has agreed to perform skid testing for the City; and WHEREAS, this agreement is made pursuant to Article 6701j-1, V.A.C.S., commonly known as "The Traffic Safety Act of 1967"; AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: Article 1. Contract Period This agreement becomes effective on final execution by the State and shall terminate on August 31, 1987 or unless terminated as hereinafter provided. Page 1 of 4 2/87 4t r ��e�, i Article 2. Scope of Services A. Services of the State - The State will furnish services as listed in Attachment A, "Services to be Provided by the State", attached hereto and made a part of this agreement. B. Services of the City - The City will furnish services as listed in Attachment B, "Services to be Provided by the City", attached hereto and made a part of this agreement. Article 3. Costs of Services A. The State will be responsible for the costs of providing services as set forth in Attachment A, "Services to be Provided by the State". B. The City will be responsible for the costs of providing services as set forth in Attachment B, "Services to be Provided the City". Article 4. Test Locations A. The locations in which the skid tests will be performed shall be evidenced in Attachment C, "Test Locations". B. The distance and mileage of each test location shall also be listed in Attachment C. Article 5. Termination This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By either party, upon the failure of the other party to perform the services and obligations as set forth in this agreement, with proper allowances being made for circumstances beyond their control. (3) Upon satisfactory completion of all services and obligations described herein. (4) Be either party, upon thirty (30) days written notice to the other party. Page 2 of 4 2/87 Article 6. Indemnification To the extent permitted by law, the City shall save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents or employees. Article 7. Amendments Changes in the time frame, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties. Article 8. Legal Construction In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article 9. Governing Laws and Venue This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties obligations under this agreement must be filed in Travis County, Texas. Article 10. Prior Agreements Superseded This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Page 3 of 4 2/87 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. By: CITY OF CORPUS CHRISTI THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating Signature and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Conanission: Craig A. McDowell City Manager Typed Name and Title Date APPROVED: DAY OF , 19 HAL GEORGE, CITY ATTORNEY By Assistant City Attorney 2/87 By: Page 4 of 4 William C. Garbade Chief Engineer, Safety and Maintenance Operations Date Attachment A Services to be Provided by the State The State agrees to perform skid test operations on various streets within the city limits of the City of Corpus Christi as listed below. Street "See attached List" Length Description Length (Miles) Attachment B Services to be Provided by the City The City agrees to: 1. Provide pre -engineering services and maps. -- 2. Provide administration from the Traffic and Transportation Department. 3. Provide police officers and supervisor for traffic control, as needed. 4. Utilize the skid test information to prioritize the street resurfacing program. 5. Continue the skid testing program to determine the wearing characteristics and friction characteristics of the various types of surface materials to predict high skid accident locations. 6. Complete computer forms showing project information. 7. Provide an observer to assist the Skid Test Operator. 8. Provide water for the Skid Test Operation. Street 1. Louisiana Pkwy 2. Agnes St. 3. Airline Rd. 4. Airport Rd. 5. Airline Rd. 6. Alameda St. 7. Ayers St. 8. Baldwin Blvd. 9. Barrera St. 10. Highland St. 11. Belmeade Dr. 12. Brawner Pkwy. 13. Bush St. 14. Calallen Dr. 15. Carancahua St. 16. Caribbean Dr. 17. Carmel Parkway 18. Carroll Ln. 19. Chaparral St. 20. Cheyenne St. 21. Columbia.Parkway 22. Congressional Drive 23. Doddridge St. 24. Ennis Joslin Rd. 25. Everhart Rd. 26. Flour Bluff Dr. 27. Gollihar Rd. 28. Glenoak Dr. 29. Graham Rd. 30. Greenwood Dr. 31. Hearn Rd. 32. Horne Rd. 33. Holly Rd. 34. Kostoryz Rd. 35. Laguna Shores Rd. 36. Laredo St. 37. Leopard St. 38. Lexington Blvd. 39. Lipan St. 40. McArdle Rd. SKID TESTING PROGRAM TESTED STREETS IN CORPUS CHRISIT Length Description Ocean Dr. to Staples St. Carancahua St. to S. Padre Island Dr. Ocean Dr. to Williams Dr. Morgan Ave. to Horne Rd. Williams Dr. to S. City Limits Ayers St. to Ocean Dr. Ocean Dr. to Saratoga Blvd. Leopard St. to Staples St. Horne Rd. to Linda Vista St. Port Ave. to Osage St. Airline Rd. to Airline Rd. Santa Fe St. to Alameda St. Holly Rd. to West Point Rd. Burning Tree Ln. to U.S. 77 Buffalo St. to Hancock St. Waldron Rd. to Laguna Shores Rd. Center St. to Alameda St. Staples St. to Holly Rd. Park Ave. to Mesquite St. Agnes St. to Tarlton St. S. Padre Island Dr. to Horne Rd. Everhart Rd. to Capitol St. Ocean Dr. to Staples St. S. Padre Island Dr: to Alameda St. Alameda St. to Snowgoose Rd. Yorktown Rd. to Graham Rd. Greenwood Dr. to Belmeade Dr. Flour Bluff Dr. to Laguna Shores Rd. Laguna Shores Road to Flour Bluff Dr. Port Avenue to S. Padre Island Dr. Up River Rd. to Callicoate Rd. Old Brownsville Rd. to Kostoryz Rd. Airline Rd. to Los Robles St. Staples St. to Saratoga Blvd. S. Padre Island Dr. to Wyndale Dr. 21st St. to Tancahua St. Upper Broadway to Interstate #37 Leopard St. to S. Padre Island Dr. Battlin' Buc to Upper Broadway Ennis Joslin Rd. to Ayers St. Length (Miles) 1.0 4.8 2.6 1.0 1.9 6.1 5.8 3.8 1.0 0.6 1.2 5.0 1.0 0.8 1.0 0.8 0.3 2.5 1.5 1.1 1.6 1.0 1.1 2.2 3.5 3.1 5.0 1.6 1.7 2.7 1.7 3.3 6.1 3.7 4.1 1.0 23.2 1.5 1.6 6.5 SKID TESTING PROGRAM Page 2 Street 41. McKenzie Rd. 42. Mediterranean Dr. 43. Mesquite St. 44. Morgan Ave. 45. Navigation Blvd. 46. Nile Dr. 47. Ocean Dr. 48. Old Brownsville Rd. 49. Old Robstown Rd. 50. Port Ave. 51. Purdue Rd. 52. Rand Morgan Rd. 53. Robert Dr. 54. Santa Fe St. 55. Schanen Blvd. 56. Shea Parkway 57. Shoreline Blvd. 58. Staples St. 59. Tarlton St. 60. Tancahua St. 61. Texan Trail 62. Third St. 63. Up River Rd. 64. Water St. 65. Weber Rd. 66. Waldron Rd. 67. West Point Rd 68. Williams Dr. 69. Woolridge Rd. 70. Yorktown Rd. Length Description Up River Rd. to S. City Limits Laguna Shores Rd. to Dead End Chaparral Street to Upper Broadway Ocean Dr. to Airport Rd. Old Brownsville Rd. to Up River Rd. Ennis Joslin Rd. to 5. Padre Island Dr. Naval Air Station to Buford St. Airport Rd. to S. Padre Island Dr. Leopard St. to Agnes St. Mesquite St. to Buford St. Waldron Rd. to Flour Bluff Dr. Leopard St. to Interstate 37 Jacquelyn Dr. to Ocean Dr. Hancock St. to Robert St. Weber Rd. to Everhart Rd. Saratoga Blvd. to Everhart Rd. Brewster St. to Furman Ave. West Broadway to Saratoga Blvd. Ayers St. to Cheyenne St. Buffalo St. to Hancock St. Casa Bonita Dr. to Santa Fe St. Hancock Ave. to Louisiana Pkwy. Palm Dr. to U.S. 77 Hirsch St. to Furman St. Staples St. to Saratoga Blvd. Naval Air Station Dr. to Yorktown Rd. Greenwood Dr. to S. Padre Island Dr. Everhart Rd. to Rodd Field Rd. Airline Rd. to Everhart Rd. Oso Bridge to Laguna Shores Rd. Length (Miles) 2.7 0.8 1.3 2.6 3.0 1.0 8.9 1.8 1.0 2.9 1.1 0.6 1.1 3.9 1.1 1.8 3.4 9.1 1.2 1.0 0.8 1.0 9.1 1.8 3.1 4.3 1.0 3.0 2.2 3.2 Corpus Christi, Texas , 198q 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, ouncil Members MAYOR j/ THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. -Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 Olait 19730