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Home My WebLink About020394 RES - 07/26/1988A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDING FOR THE PERFORMANCE OF A SKID TESTING PROGRAM ON APPROXIMATELY 200 MILES OF CITY STREETS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with the State of Texas, acting by and through its State Department of Highways and Public Transportation, providing for the performance of a skid testing program on approximately 200 miles of City streets 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. ATTEST: City Secretary YOR APPROVED: ` DAY OF 7,11 HAL GEORGE, CITY ATTORNEY R. stant City ;;! torney 018.res CITY OF CORPUS CHRISTI, TEXAS , 19 gg 20394 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 , 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 19 Highway Safety Plan, as set forth in State Highways and Public Transportation Commission Minute Order Number , 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"; 2/88 Page 1 of 5 %YUANA /I 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, 19 or unless terminated as hereinafter provided. 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. 2/88 Page 2 of 5 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 circum- stances beyond their control. (3) Upon satisfactory completion of all services and obliga- tions described herein. (4) Be either party, upon thirty (30) days written notice to the other party. 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 author- ized 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 agree- ment 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. 2/88 Page 3 of 5 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. 2/88 Page 4 of 5 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. City of Corpus Christi THE STATE OF TEXAS Certified as being executed for the purpose and effect By: of activating and/or carrying Signature out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Juan Garza, City Manager and Public Transportation Commission: Typed Name and Title Date ATTEST: By: Bob G. Hodge, Chief Engineer Safety and Maintenance Operations Date Signature APPROVED: day of , 1988 By: Assistant City Attorney 2/88 Page 5 of 5 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 in Attachment C, "Test Locations". 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 2/88 Attachment C Test Locations Length Description SEE ATTACHED LISTING Length (Miles) 99.066.01 Corpus Christi, Texas c?((,) day of The above resolution was passed by the following vote: Betty N. Turner c�l_.2 David Berlanga, Sr. aGy Leo Guerrero 2 Clif Moss atIO Bill Pruet di.),) Mary Rhodes IV , • C Frank Schwing, Jr. ( Mary Pat Sl avi k C(.-),_" Linda Strong U:kfid- it).-_� 20394 , 1982