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Res 21-16 Authorizing an Interlocal Agreement with Tarrant County for Road ReconstructionTOWN OF WESTLAKE RESOLUTION NO. 21-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTER -LOCAL AGREEMENT WITH TARRANT COUNTY FOR THE RECONSTRUCTION OF OTTINGER ROAD, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT AND AUTHORIZING TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, Tarrant County and the Town of Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, the Town Council desires to provide residents and commuters safe and aesthetically pleasing streets and infrastructure; and, WHEREAS, the Town Council finds that the Inter -Local agreement and improvements of Ottinger Rd. is a benefit to the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest -of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby approves the Tarrant County Inter -Local agreement attached as Exhibit "A" and authorizes the Town Manager or designee to sign on behalf of the Town of Westlake and authorizes Town staff to make funding changes not to exceed $25,000 on this project. SECTION 3: That the Town Council of the Town of Westlake hereby notify 'Tarrant County that the project may proceed, attached as Exhibit "B" as specified. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-1 6 Pa-c ! of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26 T11 DAY OF APRIL 2021. ATTEST: ��444 Todd Wood, Town Secretary OF VVEST�7 e . 9,f �O TEXPS Laura Wheat, Mayor APPROVED AS TO FORM: JZZI-� L. S on L w o n Attorney Resolution 21-16 Page 2 of 2 Resolution 21-15 – Exhibit “A” Page 1 of 6 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas (“COUNTY”), and the Town of Westlake (“TOWN”). WHEREAS, the TOWN is requesting the COUNTY’s assistance to: • Rehabilitate and Resurface Ottinger Road (1) located within the Town of Westlake from Town Limits to 200 ft south of Dove Road (Approximately 1,800 linear feet). • Resurface Ottinger Road (2) located within the Town of Westlake from 200 ft South of Dove Road to North Driveway of Westlake Academy (3,250 ft north ) (Approximately 3,450 linear feet). • Rehabilitate and Resurface Ottinger Road (3) located within the Town of Westlake from North Driveway of Westlake Academy (3,250 ft North of Dove Road) to Schwab Way (Approximately 4,200 linear feet). Hereinafter, collectively referred to as the “Project”. WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the Town Council of the TOWN each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and Resolution 21-15 – Exhibit “A” Page 2 of 6 d. The TOWN and the COUNTY have authorized their representative to sign this Agreement. e. Both parties acknowledge that they are each a “governmental entity” and not a “business entity” as those terms are defined in Tex. Gov’t Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t Code Section 2252.908 is required. NOW, THEREFORE, the COUNTY and the TOWN agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the TOWN in completing the Project: • Ottinger Road (1): Following milling and removal of the excess materials by the TOWN, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. • Ottinger Road (2): Following milling and removal of the excess materials by the TOWN, the COUNTY will place two inches of asphalt surface and clean the project jobsite. • Ottinger Road (3): Following milling and removal of the excess materials by the TOWN, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2. TOWN RESPONSIBILITY 2.1 The TOWN will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The TOWN will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the TOWN for incidental material cost. Resolution 21-15 – Exhibit “A” Page 3 of 6 2.2 The TOWN will pay for one-half of the COUNTY’s fuel used to construct this Project. The COUNTY will invoice the TOWN for the fuel consumed at the conclusion of the Project. 2.3 The TOWN will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The TOWN will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The TOWN will make all necessary repairs and preparations to the existing roadway prior to the COUNTY starting work. 2.5 The TOWN will adjust all utilities, manholes and valve boxes for this Project. 2.6 The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. 2.7 The TOWN will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The TOWN will furnish a nearby site for dumping all spoils and waste materials generated during construction of this Project. 2.9 The TOWN will provide the material to backfill the pavement edges for this project. 2.10 If required, the TOWN will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The TOWN further agrees to pay for all cost (including sub-contractor materials, labor and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the TOWN. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the TOWN has a complaint regarding the construction of the project, the TOWN must complain in writing to the COUNTY no later than 30 days of the date of project completion. Resolution 21-15 – Exhibit “A” Page 4 of 6 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive TOWN rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by the TOWN, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the TOWN desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the TOWN will need to enter into a separate agreement with the COUNTY for the provision of those services. 5.2 If requested by the TOWN, The TOWN will reimburse the COUNTY for actual cost of any overtime hours the TOWN requires the COUNTY to provide watering the roadway for dust control after regular work hours. 5.3 If requested by the TOWN, the COUNTY will provide traffic control required for the Project. This responsibility includes all signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site with the exception of any portable changeable message boards which will be supplied by the TOWN. Traffic control measures provided by the COUNTY will be billed at the actual labor cost plus 10% for use of the COUNTY traffic control devices. 6. TIME PERIOD FOR COMPLETION The TOWN will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. Resolution 21-15 – Exhibit “A” Page 5 of 6 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party’s agent, or party’s employee, otherwise provided by law. The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION This Agreement will automatically terminate on either September 30, 2021 or on the date the project is completed, whichever occurs first. Notwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days’ written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the TOWN remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. Resolution 21-15 – Exhibit “A” Page 6 of 6 TARRANT COUNTY, TEXAS TOWN OF WESTLAKE _______________________________ ___________________________ B. Glen Whitley Amanda DeGan County Judge Town Manager Date: ________________________ Date: ______________________ _______________________________ ___________________________ Gary Fickes Troy J. Meyer Commissioner, Precinct 3 Director of Public Works Date: ________________________ Date: ______________________ Attest: ___________________________ APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY ______________________________ ___________________________________ Criminal District Attorney’s Office* Town Attorney * By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel.