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HomeMy WebLinkAboutRes 04-26 Authorizing a Contract with Tarrant CountyTOWN OF WESTLAKE RESOLUTION NO. 04-26 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH TARRANT COUNTY FOR THE REPAVING OF J.T. OTTINGER ROAD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorize the Town Manager to enter into a contract with Tarrant County for the repaving of J.T. Ottinger Road. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THE 24TH DAY OF MAY, 2004. ATTEST: i ding -Ar Crosswy, To Secretary APPROVED AS TO FORM: r F 4Ltanton Scott Bradfey, Mayor Trent Pe Town Man ger 4f J THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS CONTRACT This Agreement made and entered into this theay of 2004, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as TARRANT 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, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: • Rehabilitation of Ottinger Road, from the Keller City Limits to the Denton County Line (approximately 4,4001f). WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the costs of having said work to be done have agreed to share in the financing of said construction as hereinafter stated in detail, 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. TARI2ANT COUNTY agrees to provide the following work for the project: Ottinger Road: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the TOWN's choice, re -grade and place a two-inch HMA C surface. 2. TARRANT COUNTY agrees to provide the labor and equipment necessary for the work proposed on Ottinger Road, 3. 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 TOWN 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 TOWN will also be responsible for all striping (both temporary and permanent) for the project. 5. The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 5. The TOWN is responsible for the adjustment of all valves, manholes, and utilities. 7. The TOWN agrees that if a Storm Water Pollution Prevention Plan (SWPPP) 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 SWPPP during the duration of the project. The TOWN further agrees to pay for all cost (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. 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. The 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. events: This Agreement shall terminate automatically upon happening of any of the following 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. 1 ril`'i19 Authorized Town ia ATTEST: TOWN /c) - anh'L., 6— Town ecretary 1 M0 i7�,i`M_I[@IIIiI-LNM TQM V - ERGRIFF, Co y fIXF ATTEST: COUNTY ' GLEN WHITLEY, County Cox a issioner Precinct Three *APPROVALAS TO FO District Atfbfinev's Office * 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. NOTICE TO PROCEED The Town of Westlake hereby notifies the County than the County may proceed with this Project as specified in the attached Agreement, on or after 0-?( 0 (1 _7001 (day/month/year) Court Carder # qQ 9 b 4 Authorized Town tial Town of Westlake