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MA 9601-CS 910903DATE: TO: FROM: RE: COPPELL PUBLIC WORKS WEWORANDU~ September 3, 1991 Steven G. Goram, Director of Public,s Rey Gonzales, Street Superintendent~ Deforest Road Damage (Tickler 9/3/91) Staff contacted Mike Sharp and he is prepared to come in and do the minimum required repair for the amount of Fema funds available or less. We need to provide him with an agreement to get him started. The agreement is attached, please review and comment. Next status 9/17/91 RG/mp DEFORDAM.RG State of Texas County of Dallas Citv/CountyAqreement W~REAS, the City of Coppell, Texas, hereinafter called "City" and the County of Dallas, Texas, hereinafter called "County" want to enter into an agreement for the resectioning, resurfacing and 2" Hot Mix Asphalt Concrete Overlay of Deforest Road for approximately 1000 feet as indicated on Attachment "A". WHEREAS, Article 4413 (32c), provides authorization for contracts; Vernon's Annotated Civil Statutes, local governments to enter into NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by City and County upon and for the mutual consideration stated herein; WITNESSETH: me City requests County to resection, resurface, perform H.M.A.C. level up and a 2" overlay on Deforest Road for approximately 1000 feet. County may elect to use County forces or the County contractor for the H.M.A.C. work. City to provide traffic control as needed. City agrees to place $5,930.00 in an escrow account with the County to cover 100% of the total estimated cost. II. County will provide the labor, equipment and materials necessary to perform the work requested by the City. III. The County shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal safety laws. The safety precautions actually taken and their adequacy shall be the sole responsibility of the County. IV. It is agreed that work will not start by County until Agreement has been fully executed by the City and County. this The City further agrees to indemnify and save harmless County from any liability or damages County may suffer as a result of claims, demands, costs, or Judgements against County arising out of the performance of the work and services under this agreement or arising from any accident, injury or damage whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and on or about this project, except for any liability or damages caused by the negligence of the County, its agents, officers and/or employees. The City of Coppell, Texas, has executed this Agreement pursuant to duly authorized City Council Resolution , Minutes , Dated , the County of Dallas has executed this Agreement pursuant to Com~issioners Court Order No. , on this , day of , 1991. City of Coppell BY: COUNTY OF DALLAS BY~