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R-08-09-11-11D2 - 9/11/2008RESOLUTION NO. R -08-09-11-11D2 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County regarding the expansion of A. W. Grimes Boulevard from U.S. 79 to Old Settlers Boulevard, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Williamson County, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this llth day of September, 2008. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTT\R80911D2.DOC/rmc INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND CITY OF ROUND ROCK THE STATE OF TEXAS COUNTY OF WILLIAMSON This Interlocal Agreement (the "Agreement") is entered into as of this day of , 2008, by and between Williamson County, a political subdivision of the state of Texas (the "County") and the City of Round Rock, a Texas home -rule municipality (the "City") (collectively, the "Parties"). RECITALS WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas Interlocal Cooperation Act, provides that any one or more local governments may contract with each other for the performance of governmental functions or services for the promotion and protection of the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and WHEREAS, the City and the County desire to widen and expand FM 1460 from U.S. Highway 79 to 1800' feet north of Old Settlers Boulevard (the "Project"); and WHEREAS, the City desires to assume operation and maintenance from the Texas Department of Transportation ("TxDOT") of FM 1460 from U.S. 79 to its current city limits and the County desires to assume operation and maintenance of FM 1460 from the city limits of Round Rock to the city limits of Georgetown; Now therefore, in consideration of the mutual covenants and agreements herein contained, the City and the County agree as follows: A. TERMS AND CONDITIONS 1. Construction of FM 1460. 1.1 The Road Improvements. The improvements to FM 1460 shall consist of upgrading FM 1460 to a four (4) lane arterial with a two way continuous left turn lane constructed from U.S. Highway 79 to 1800' feet north of Old Settlers Blvd (the "Road Improvements"). The Road Improvements include all grading and paving improvements as well as irrigation, landscaping, fencing, walls, and drainage facilities, including detention and water quality ponds. The Road Improvements shall also include all engineering, legal, financing, or other expenses incident to the construction of the road and associated work. 00143011 /CC/mp 1 EXHIBIT "An 1.2 Obligation of the City. The City shall be responsible for the construction of the Project. The City agrees to consult with the County regarding the design and construction of the Road Improvements and the awarding of contracts for such construction. 2. Costs of Improvements. 2.1 Payment. The City shall promptly pay, subject to the limitation in Section 2.2 below, all costs of the Road Improvements as the same become due, including, without limitation, all "soft" and "hard" costs of the permitting, materials, labor, construction and inspection arising in connection with the Road Improvements; all payments arising under any contracts entered into for the construction of the Road Improvements; all costs incurred in connection with obtaining governmental approvals, certificates, permits, required as a part of the construction of the Road Improvements. The County shall pay to the City 50% of the contract award within thirty (30) days after said contract is awarded, and pay the remaining 50% after the initial funding is exhausted. 2.2 Costs of Improvements Funded by County and City. The City and County shall each be obligated to pay the sum of SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00) as their share of the cost of the Road Improvements. In no event shall the City or the County be obligated to expend more than $7,500,000.00 each. In the event that the Road Improvements cost less than FIFTEEN MILLION DOLLARS ($15,000,000.00), then the difference between the actual costs and $15,000,000 shall be paid to Waterstone Development as reimbursement to the developers responsible for the construction of the next segment of FM 1460 from Old Settlers Boulevard to 300 feet north of University Boulevard. Said payment shall not be due and owing until this portion of FM 1460 is substantially complete and accepted by the City. 3. Operation and Maintenance of Road Improvements. The City agrees to assume operation and maintenance from TxDOT of FM 1460 and its appurtenant Road Improvements from US 79 to its current city limits and the County agrees to assume operation and maintenance from TxDOT of FM 1460 from the current city limits of Round Rock to the current city limits of the City of Georgetown. 4. Approval of Road Districts. The County is in the process of creating the Avery Farms Road Districts No. 1 and 2. The purpose of the Road Districts is to provide a financing vehicle for the widening and expansion of FM 1460 from Old Settlers Boulevard to University Boulevard. The City hereby consents to the creation of the Avery Farms Road Districts No. 1 and 2. 2 5. TxDOT Reimbursement and Removal from TxDOT System. Irrespective of anything stated herein, the City and the County will cooperate to construct the Project without removing any portion of FM 1460 from the TxDOT road system. Additionally, both parties agree to seek reimbursement from TxDOT for all sums expended on the Project, and, if or when these sums are reimbursed, to share said reimbursement equally. B. MISCELLANEOUS PROVISIONS 1. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which will serve as an original and will constitute one and the same instrument. 2. Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas. 3. Successors and Assigns. The assignment of this Agreement by either Party is prohibited without the prior written consent of the other Party. 4. Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation. 5. Partial Invalidity. If any of the terms, covenants or conditions of this Agreement, or the application of any term, covenant, or condition, is held invalid as to any person or circumstance by any court with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or conditions to other persons or circumstances, will not be affected. 6. Waiver. Any waiver by any party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter. 7. Amendments. This Agreement may be amended or modified only by written agreement duly authorized and executed by the duly authorized representatives of the Parties. 8. Cooperation. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 9. Venue. All obligations of the Parties are performable in Williamson County, Texas and venue for any action arising hereunder will be in Williamson County. 10. Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing in this Agreement, express or implied, is intended to confer upon any 3 person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 11. Representations. Unless otherwise expressly provided, the representations, warranties, covenants, indemnities, and other agreements will be deemed to be material and continuing, will not be merged, and will survive the termination or expiration of this Agreement. 12. Exhibits. All exhibits attached to this Agreement are hereby incorporated in this Agreement as if the same were set forth in full in the body of this Agreement. 13. Entire Agreement. This Agreement, including any attached exhibits, contains the entire agreement between the Parties with respect to the subject matter and supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties with respect to such matters. 14. Term. This Agreement shall automatically terminate if a contract for the Project is not awarded within three (3) years after this Agreement is executed by both parties. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed, sealed and attested in duplicate by their duly authorized officers, as of the Effective Date. WILLIAMSON COUNTY By: Date: Honorable Dan A. Gattis, County Judge CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date: 4 03* ►��Q00 Ki 0,1406101, NI 11� aliri�i1►Iti: 1Qr I1 ► {111111.. 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Ilk it 1 II �'�i� :�::'�• //IC �� ��i'b• jlii III:: pt.l mr SAP. alit 6. 44 n � I/j� ,R � �\ tit Ili 2 111 Ill�i1 I I • 11-1Zile* 0 �. f ati 4, • SO at 411 • �111j�1 l►►1:1 11111 r1111j111111111 7 • w1111i1. �� a ■/111111 11111ttit•. = �% :18:0 .11IP* Aar 4- maimeitat 11110 mum= 00' A.W. Grimes (FM 1460) ROUND ROCK, TEXAS PUJU'O E Pg5Sic (PBUSP!B T' DATE: September 4, 2008 SUBJECT: City Council Meeting — September 11, 2008 ITEM: 11D2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the expansion of A.W. Grimes Boulevard from U.S. 79 to Old Settlers Boulevard. Department: Staff Person: Justification: Transportation Services Thomas G. Martin, P.E., Transportation Services Director This Interlocal Agreement provides the terms and conditions for the proposed construction of a four lane divided cross-section on A.W. Grimes Boulevard (FM 1460) from 400 feet north of US 79 to 1800 feet north of Old Settlers Boulevard, The Interlocal Agreement also provides for an equal funding contribution from Williamson County for this project. Any funds remaining after the construction of this project will be used to supplement the costs of construction of the next segment of A.W. Grimes Blvd., between Old Settlers Blvd. and University Blvd., through a separate Development Agreement between Avery Centre / Waterstone Development, the City and Williamson County. Finally, this Interlocal Agreement contemplates the assumption of maintenance from the State through a separate Agreement with the Texas Highway Commission. Funding: Estimated Construction Cost: $11,600.000 Source of funds: $ 7,500,000 (4B Corporation) $ 7,500,000 (Williamson County) Outside Resources: Williamson County Background Information: The reconstruction of A.W. Grimes Blvd. (FM 1460) between Us 79 and Georgetown was to be completed by TxDOT through a number of projects. However, due to funding problems on both the Federal and State levels, this work has been postponed indefinitely. The segment between US 79 and Old Settlers Boulevard was scheduled in the State's Letting Schedule to have bids opened in Spring 2007. The expansion of A. W. Grimes Boulevard includes all grading, and paving improvements to widen the roadway from two lanes to a 4 -lane divided roadway with a continuous center turn lane, curb and gutter and sidewalks. Public Comment: N/A Co?Y INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND CITY OF ROUND ROCK THE STATE OF TEXAS COUNTY OF WILLIAMSON Th Interlocal Agreement (the "Agreement") is entered into as of this day of _ , 2008, by and between Williamson County, a political sub ivision of the state of Texas (the "County") and the City of Round Rock, a Texas home -rule municipality (the "City") (collectively, the "Parties"). RECITALS WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas Interlocal Cooperation Act, provides that any one or more local governments may contract with each other for the performance of governmental functions or services for the promotion -and protection of the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and WHEREAS, the City and the County desire to widen and -expand FM 1460 from U.S. Highway 79 to 1800' feet north of Old Settlers Boulevard (they`=Project"); and WHEREAS, the City desires to assume operation and maintenance from the Texas Department of Transportation ("TxDOT") of FM 1460 from U.S. 79 to its current city limits and the County desires to assume operation and maintenance of FM 1460 from the city limits of Round Rock to the city limits of Georgetown; Now therefore, in consideration of the mutual covenants and agreements herein contained, the City and the County agree as follows: A. TERMS AND CONDITIONS 1. Construction of FM 1460. 1.1 The Road Improvements. The improvements to FM 1460 shall consist of upgrading FM 1460 to a four (4) lane arterial with a two way continuous left turn lane constructed from U.S. Highway 79 to 1800' feet north of Old Settlers Blvd (the "Road Improvements"). The Road Improvements include all grading and paving improvements as well as irrigation, landscaping, fencing, walls, and drainage facilities, including detention and water quality ponds. The Road Improvements shall also include all engineering, legal, financing, or other expenses incident to the construction of the road and associated work. 00143011/CC/mp 1 1.2 Obligation of the City. The City shall be responsible for the construction of the Project. The City agrees to consult with the County regarding the design and construction of the Road Improvements and the awarding of contracts for such construction. 2. Costs of Improvements. 2.1 Payment. The City shall promptly pay, subject to the limitation in Section 2.2 below, all costs of the Road Improvements as the same become due, including, without limitation, all "soft" and "hard" costs of the permitting, materials, labor, construction and inspection arising in connection with the Road Improvements; all payments arising under any contracts entered into for the construction of the Road Improvements; all costs incurred in connection with obtaining governmental approvals, certificates, permits, required as a part of the construction of the Road Improvements. The County shall pay to the City 50% of the contract award within thirty (30) days after said contract is awarded, and pay the remaining 50% after the initial funding is exhausted. 2.2 Costs of Improvements Funded by County and City. The City and County shall each be obligated to pay the sum of SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00) as their share of the cost of the Road Improvements. In no event shall the City or the County be obligated to expend more than $7,500,000.00 each. In the event that the Road Improvements cost less than FIFTEEN MILLION DOLLARS ($15,000,000.00), then the difference between the actual costs and $15,000,000 shall be paid to Waterstone Development as reimbursement to the developers responsible for the construction of the next segment of FM 1460 from Old Settlers Boulevard to 300 feet north of University Boulevard. Said payment shall not be due and owing until this portion of FM 1460 is substantially complete and accepted by the City. 3. Operation and Maintenance of Road Improvements. The City agrees to assume operation and maintenance from TxDOT of FM 1460 and its appurtenant Road Improvements from US 79 to its current city limits and the County agrees to assume operation and maintenance from TxDOT of FM 1460 from the current city limits of Round Rock to the current city limits of the City of Georgetown. 4. Approval of Road Districts. The County is in the process of creating the Avery Farms Road Districts No. 1 and 2. The purpose of the Road Districts is to provide a financing vehicle for the widening and expansion of FM 1460 from Old Settlers Boulevard to University Boulevard. The City hereby consents to the creation of the Avery Farms Road Districts No. 1 and 2. 2 5. TxDOT Reimbursement and Removal from TxDOT System. Irrespective of anything stated herein, the City and the County will cooperate to construct the Project without removing any portion of FM 1460 from the TxDOT road system. Additionally, both parties agree to seek reimbursement from TxDOT for all sums expended on the Project, and, if or when these sums are reimbursed, to share said reimbursement equally. B. MISCELLANEOUS PROVISIONS 1. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which will serve as an original and will constitute one and the same instrument. 2. Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas. 3. Successors and Assigns. The assignment of this Agreement by either Party is prohibited without the prior written consent of the other Party. 4. Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation. 5. Partial Invalidity. If any of the terms, covenants or conditions of this Agreement, or the application of any term, covenant, or condition, is held invalid as to any person or circumstance by any court with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or conditions to other persons or circumstances, will not be affected. 6. Waiver. Any waiver by any party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter. 7. Amendments. This Agreement may be amended or modified only by written agreement duly authorized and executed by the duly authorized representatives of the Parties. 8. Cooperation. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 9. Venue. All obligations of the Parties are performable in Williamson County, Texas and venue for any action arising hereunder will be in Williamson County. 10. Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing in this Agreement, express or implied, is intended to confer upon any 3 person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 11. Representations. Unless otherwise expressly provided, the representations, warranties, covenants, indemnities, and other agreements will be deemed to be material and continuing, will not be merged, and will survive the termination or expiration of this Agreement. 12. Exhibits. All exhibits attached to this Agreement are hereby incorporated in this Agreement as if the same were set forth in full in the body of this Agreement. 13. Entire Agreement. This Agreement, including any attached exhibits, contains the entire agreement between the Parties with respect to the subject matter and supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties with respect to such matters. 14. Term. This Agreement shall automatically terminate if a contract for the Project is not awarded within three (3) years after this Agreement is executed by both parties. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed, sealed and attested in duplicate by their duly authorized officers, as of the Effective Date. WILLIAMSON COUNTY By: Date: Honorable Dan A. Gattis, County Judge CITY OF ROUND ROCK, TEXAS By: Date: Alan McGraw, Mayor 1112000 4 0J, WOWS C r ii r t Z 1111(A nrpIIIIIIIIIIII mina /111111/ 11111e =■ tfintottum /is �► r -♦ ���>t =OW rr 11.0 MIM mor an /WOW innA. mom. —mm �� r� ii Ate" rr �g. RAO rOM r: � 7•� r OM f• r r rr r. rr 111,, lIIIk1i T ft �UlllrilllI�%111'11,�� IIuI11111r�w ink IMMO ���/� ill �.. 1u11111111u .Ii1/6bs ��illu.uIu.. ���►'#41111n1...... •". == ...ow. lie 0111111111111 2: Er■ .�I111r111 �. R�. 11.1.1.1..ua1.�. 1.. ■nuI.uuu.hh. tom ■p11111 i UhIp11* !.! o111111i111111%d 1111111111 C X1111111111 dp l Er WOU1/1111 :g —C ;i,) �� ��11111111111/ �h ''410%,11111111111 =: i. 0Qlllilll ; �/�� �1IIIt1/e :�� I w— 111111, fat ..11111111111111,l �" 11� 2 111111111111. 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