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HomeMy WebLinkAboutRes 06-04 Entering into an Agreement with Tarrant CountyTOWN OF WESTLAKE RESOLUTION NO. 06-04 A RESOLUTION OF THE TOWN OF WESTLAKE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS REGARDING REHABILITATION OF PEARSON LANE; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, Westlake has been asked to participate in rehabilitating Pearson Lane within the Town of Westlake and utilize Tarrant County resources; and, WHEREAS, Southlake's portion has recently been completed; and, WHEREAS, Tarrant County is scheduled to begin construction on the City of Keller portion of Pearson Lane; and, WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing street to travel; and, WHEREAS, the Board of Alderman finds that the street construction improvements benefit the public; and WHEREAS, the Board of Alderman finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That the above findings above are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 1. That the Board of Aldermen of the Town of Westlake, Texas, hereby approves the Inter -Local Agreement with the Tarrant County relating to the provision of Pearson Lane rehabilitation, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 13TH DAY OF FEBRUARY, 2006. Scott Bradley, Mayor Wv".131 canDwinnell, Town Secretary Trent Petty, Town Manage APPROVE S T ORM: L. tanton L64YWwn Attorney THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS CONTRACT This Agreement made and entered into this the day of 2006, by and between the County of Tarrant; acting herein by and through its governing body the Commissioners Court, hereinafter referred to as COUNTY, and the TOWN OF WESTLAKE acting herein by and through its governing body, hereinafter referred to as the TOWN, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body fords that the subj ect of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below: + Rehabilitation of Pearson Lane from the Town of Westlake/Keller City Limits to Dove Road. (approximately 1,2671f). The TOWN hereby agrees that the TOWN will pay for any engineering and/or laboratory testing necessary for this project, and that the COUNTY will not be responsible for any payment for such services. The TOWN must notify the COUNTY within thirty days of completion of this project of any complaint the TOWN has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide the following work for the project: Pearson Lane: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the TOWN's choice, re -grade and place a two-inch HMAC surface. 2. The COUNTY agrees to provide the labor and equipment necessary for the work proposed on Pearson Lane. I The TOWN agrees to pay for the actual cost of all materials, including any delivery or freight costs. The TOWN will provide a purchase order for each vendor and will be billed directly by the material suppliers. The COUNTY may accumulate and bill the TOWN for incidental material cost. 4. The COUNTY agrees it will be responsible for traffic control on this project. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The COUNTY will provide temporary pavement markings where specified by the TOWN. The COUNTY will be responsible for placement of all permanent pavement markings as specified by the TOWN. The TOWN agrees to reimburse the COUNTY for all traffic control expenses. 5. The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 6. The TOWN is responsible for the adjustment of all manholes, valves and other utilities for these projects. 7. The TOWN agrees that if a Storm Water Pollution Prevention Plan is required, the TOWN will be responsible for the design and development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the Plan for the duration of the project. The TOWN further agrees to pay for all costs (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. TOWN agrees that the COUNTY is relying on the TOWN for notice of when to proceed with this project, but this Agreement does not require the County to do this project within any particular time frame. This Agreement shall temlinate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. ATTEST: TOWN OWN Secretary ATTEST: COUNTY *APPROVAL AS_ O 10 Distric4Attoy�'—s6ffi—ce TOWN: Authorized TOWN Offici TA'RRANT COUNTY: TOM VANDERGRIFF, County Judge a:k:� i��l- GLEN WHITLE"Y, County Co issioner Precinct Three * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorneys.