Loading...
R-08-11-25-9B3 - 11/25/2008RESOLUTION NO. R -08-11-25-9B3 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 the City of Pflugerville regarding the connection of Pflugerville Parkway to Greenlawn Boulevard Project, 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 the City of Pflugerville, 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 25th day of November, 2008. ALANCGRAW, Mayor City of Round Rock, Texas SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R81125B3.DOC/rmc INTERLOCAL AGREEMENT BETWEEN CITY OF PFLUGERVILLE AND CITY OF ROUND ROCK FOR CONNECTION OF PFLUGERVILLE PARKWAY TO GREENLAWN BOULEVARD THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between the CITY OF PFLUGERVILLE, TEXAS, a home -rule municipality and political subdivision of the State of Texas (hereinafter referred to as "Pflugerville") and the CITY OF ROUND ROCK, TEXAS, a home -rule municipality and political subdivision of the State of Texas (hereinafter referred to as "Round Rock"). WHEREAS, Pflugerville and Round Rock acknowledge that Pflugerville is currently extending Pflugerville Parkway to make connection with Greenlawn Boulevard, and that a portion of such extension and connection will extend outside of Pflugerville's jurisdiction into Round Rock's city limits and jurisdiction; and WHEREAS, coordination and cooperative oversight is therefore necessitated between the two municipalities; and WHEREAS, for adequate mutual consideration which the parties hereby acknowledge as sufficient, the parties desire to set forth in writing the following agreed terms and conditions: NOW, THEREFORE, Pflugerville and Round Rock hereby agree as follows: 1. Statement of Intent. The purpose of this Interlocal Agreement is to (i) provide for the construction and installation of certain street improvements and traffic devices by Pflugerville within the city limits of the City of Round Rock, specifically being the extension of Pflugerville Parkway to make connection with Greenlawn Boulevard, and (ii) provide for the payment by Pflugerville to Round Rock for Pflugerville's proportional and pro -rata share of the traffic signal device necessitated by the project. shall: shall: 2. Round Rock's Duties and Responsibilities. The parties agree that Round Rock (a) Allow Pflugerville to construct certain street improvements within the city limits of the City of Round Rock for the sole purpose of connecting Pflugerville Parkway to Greenlawn Boulevard; and (b) Provide inspection services for the portion of the street improvements and construction that occur within the city limits of the City of Round Rock. 3. Pflui erville's Duties and Responsibilities. The parties agree that Pflugerville 00148536/jkg (a) Timely submit construction drawings to Round Rock, for Round Rock's review and approval, of all proposed street improvements and construction relating to the extension and connection of Pflugerville Parkway to EXHIBIT nAn Greenlawn Boulevard which are within Round Rock's city limits; and the parties acknowledge that Round Rock's approval of such submitted construction drawings shall not be unreasonably withheld; (b) Include in the project's design the relocation of the existing median on Greenlawn Boulevard, and construct turn lanes on the relocated median in accordance with Round Rock's design criteria; (c) Design the segment of Pflugerville Parkway which is within Round Rock's city limits in accordance with Round Rock's design criteria for street improvements including, by way of illustration and not limitation, pavement design; provided, however, the parties acknowledge that the median of Pflugerville Parkway shall be sixteen feet (16') in width; (d) Pay for all costs associated with design and construction of the proposed improvements which are within Round Rock's city limits; (e) Pay Round Rock the sum of One Hundred Sixty-nine Thousand Two Hundred Six and 10/100 Dollars ($169,206.10) representing Pflugerville's agreed percentage portion and pro -rata share for the installation of a traffic signal at the intersection of Pflugerville Parkway and Greenlawn Boulevard; and (f) Convey to the City of Round Rock the right-of-way within Round Rock's city limits, such conveyance to be finalized upon the completion of the improvements and the acceptance of the improvements by Round Rock. 4. Payment of Amount Due Round Rock. Pflugerville shall tender all funds delineated in Section 3(e) to Round Rock within ninety (90) days of Round Rock's acceptance of the improvements. Round Rock acknowledges in this Interlocal Agreement that Pflugerville's payment of the referenced $169,206.10 will fulfill all payment obligations of Pflugerville relating solely to its pro -rata share of installation of the referenced traffic signal at the intersection of Pflugerville Parkway and Greenlawn Boulevard. 5. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, PFLUGERVILLE HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS ROUND ROCK, AND ITS RESPECTIVE MAYOR, COUNCILMEMBERS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST' ALL DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND OTHER CLAIMS OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY "CLAIMS") BY ANY PERSON OR ENTITY, ARISING OUT OF, CAUSED BY, OR RESULTING FROM THE 2 PERFORMANCE OF SERVICES OR THE PROVISION OF GOODS BY PFLUGERVILLE PURSUANT TO THIS AGREEMENT AND WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR NEGLIGENT OMISSION OF PFLUGERVILLE, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY PFLUGERVILLE OR ANYONE FOR WHOSE ACTS PFLUGERVILLE MAY BE LIABLE, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OF ROUND ROCK OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH ANY INDEMNITEE HAS BY LAW. 6. Term of Agreement. The term of this Interlocal Agreement shall begin on the date of execution by both parties of this Agreement, and shall remain in full force and effect for a period not to exceed two (2) years or until all of the obligations required herein shall have been satisfied, whichever is the earlier date. 7. General Provisions. The following general provisions shall apply to this Interlocal Agreement: (a) Interlocal Cooperation. Pflugerville and Round Rock agree to cooperate with each other in good faith at all times to effectuate the purposes and intent of this Agreement. Payment from Current Revenues. Pursuant to Chapter 791, Texas Government Code, each party paying for governmental services hereunder does hereby provide for payment of same from current revenues or other funds of said party lawfully available for such purpose. (c) Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior and contemporaneous understandings or representations, whether oral or written, respecting the subject matter hereof. (b) (d) Amendments. Any amendment hereof must be in writing and signed by the authorized representative(s) for each party. Interpretation and Authority. The parties acknowledge that this Agreement is entered into pursuant to the authority of Texas law including the authority conferred in V.T.C.A. Government Code, Chapter 791 ("Interlocal Cooperation Contracts"). Except as set forth herein, this Agreement shall not be construed so as to modify, supplement or otherwise alter the provisions of any other agreement between Pflugerville and Round Rock. (e) (f) Certification of Essential Function and Interest. The parties acknowledge that (i) the services specified in this Agreement are necessary and essential for activities that are properly within the statutory functions and programs of the affected local home -rule municipal 3 governments, and (ii) the proposed arrangements serve the interest of efficient and economical administration of the affected local home -rule municipal governments. (g) Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. (h) Assignment. Neither party may assign its rights and obligations under this Agreement. (i) Other Necessary Actions and Instruments. The parties agree that each will take such other and further actions and execute such other and further consents, authorizations, instruments or documents as are necessary or incidental to effectuate the purposes of this Agreement. (j) No Third Party Beneficiaries. Except as set forth herein, nothing herein shall be construed to confer upon any person or entity other than the parties hereto any rights, benefits or remedies under or by reason of this Agreement. (k) No Joint Venture, Partnership, or Agency. This Agreement shall not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee or borrowed servant relationship by and among the parties hereto. (1) Venue. Venue for any suit arising hereunder shall be in Williamson County, Texas. (m) Duplicate Originals. This Agreement may be executed in duplicate originals, each of equal dignity. (n) Effective Date. This Agreement shall be effective from and after the date of due approval hereof by the respective governing bodies of Pflugerville and Round Rock, and due execution hereof by their respective authorized representative(s). IN WITNESS WHEREOF, the authorized representative(s) of Pflugerville and Round Rock have executed this Interlocal Agreement on the dates set forth below. [ SIGNATURE PAGE FOLLOWS 4 CITY OF PFLUGE ; VI LE, TEXAS // M, • Date Si , •/1 2 08 By: FOR PFLUGERVILLE, APPROVED AS TO FORM: By: tyt Date Signed:. /7-7e)- CITY f-/; CITY OF ROUND ROCK, TEXAS By: Mayor Date Signed: FOR ROUND ROCK, APPROVED AS TO FORM: By: City Attorney Date Signed: 5 ATTEST: By: a,ejrUYY) k - Cit Secretary Date Signed: /1- /2 - 0 b' ATTEST: By: City Secretary Date Signed: DATE: November 19, 2008 SUBJECT: City Council Meeting — November 25, 2008 ITEM: 9B3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the City of Pflugerville for the extension of Pflugerville Parkway to Greenlawn Boulevard. Department: Staff Person: Justification: Transportation Services Tom Martin, P.E., Director of Transportation Services This Interlocal Agreement will provide for the construction and installation of street improvements and traffic devices by the City of Pflugerville partially within the city limits of Round Rock; specifically for the extension of Pflugerville Parkway to Greenlawn Boulevard. All costs associated with the design and construction of Pflugerville Parkway will be borne by the City of Pflugerville and TxDOT. Payment will be provided to the City of Round Rock for the City of Pflugerville's proportional and pro -rata share of the traffic signal necessitated by this project at the intersection of Pflugerville Parkway and Greenlawn Boulevard. Funding: N/A Cost: $169,206.10 Source of funds: City of Pflugerville Outside Resources: City of Pflugerville Background Information: The City of Pflugerville is currently constructing an extension of Pflugerville Parkway to connect with Greenlawn Boulevard. A portion of this extension lies outside of Pflugerville's jurisdiction and inside Round Rock's city limits and jurisdiction. This agreement allows street improvements and construction for the sole purpose of connecting Pflugerville Parkway to Greenlawn Boulevard in accordance with the City of Round Rock's design criteria. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS INTERLOCAL AGREEMENT BETWEEN CITY OF PFLUGERVILLE AND CITY OF ROUND ROCK FOR CONNECTION OF PFLUGERVILLE PARKWAY TO GREENLAWN BOULEVARD THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between the CITY OF PFLUGERVILLE, TEXAS, a home -rule municipality and political subdivision of the State of Texas (hereinafter referred to as "Pflugerville") and the CITY OF ROUND ROCK, TEXAS, a home -rule municipality and political subdivision of the State of Texas (hereinafter referred to as "Round Rock"). WHEREAS, Pflugerville and Round Rock acknowledge that Pflugerville is currently extending Pflugerville Parkway to make connection with Greenlawn Boulevard, and that a portion of such extension and connection will extend outside of Pflugerville's jurisdiction into Round Rock's city limits and jurisdiction; and WHEREAS, coordination and cooperative oversight is therefore necessitated between the two municipalities; and WHEREAS, for adequate mutual consideration which the parties hereby acknowledge as sufficient, the parties desire to set forth in writing the following agreed terms and conditions: NOW, THEREFORE, Pflugerville and Round Rock hereby agree as follows: 1. Statement of Intent. The purpose of this Interlocal Agreement is to (i) provide for the construction and installation of certain street improvements and traffic devices by Pflugerville within the city limits of the City of Round Rock, specifically being the extension of Pflugerville Parkway to make connection with Greenlawn Boulevard, and (ii) provide for the payment by Pflugerville to Round Rock for Pflugerville's proportional and pro -rata share of the traffic signal device necessitated by the project. 2. Round Rock's Duties and Responsibilities. The parties agree that Round Rock shall: (a) Allow Pflugerville to construct certain street improvements within the city limits of the City of Round Rock for the sole purpose of connecting Pflugerville Parkway to Greenlawn Boulevard; and (b) Provide inspection services for the portion of the street improvements and construction that occur within the city limits of the City of Round Rock. 3. Pflu2erville's Duties and Responsibilities. The parties agree that Pflugerville shall: (a) Timely submit construction drawings to Round Rock, for Round Rock's review and approval, of all proposed street improvements and construction relating to the extension and connection of Pflugerville Parkway to 00148536/jkg �i---11=1/5- 913 Greenlawn Boulevard which are within Round Rock's city limits; and the parties acknowledge that Round Rock's approval of such submitted construction drawings shall not be unreasonably withheld; (b) Include in the project's design the relocation of the existing median on Greenlawn Boulevard, and construct turn lanes on the relocated median in accordance with Round Rock's design criteria; (c) Design the segment of Pflugerville Parkway which is within Round Rock's city limits in accordance with Round Rock's design criteria for street improvements including, by way of illustration and not limitation, pavement design; provided, however, the parties acknowledge that the median of Pflugerville Parkway shall be sixteen feet (16') in width; (d) Pay for all costs associated with design and construction of the proposed improvements which are within Round Rock's city limits; (e) Pay Round Rock the sum of One Hundred Sixty-nine Thousand Two Hundred Six and 10/100 Dollars ($169,206.10) representing Pflugerville's agreed percentage portion and pro -rata share for the installation of a traffic signal at the intersection of Pflugerville Parkway and Greenlawn Boulevard; and (f) Convey to the City of Round Rock the right-of-way within Round Rock's city limits, such conveyance to be finalized upon the completion of the improvements and the acceptance of the improvements by Round Rock. 4. Payment of Amount Due Round Rock. Pflugerville shall tender all funds delineated in Section 3(e) to Round Rock within ninety (90) days of Round Rock's acceptance of the improvements. Round Rock acknowledges in this Interlocal Agreement that Pflugerville's payment of the referenced $169,206.10 will fulfill all payment obligations of Pflugerville relating solely to its pro -rata share of installation of the referenced traffic signal at the intersection of Pflugerville Parkway and Greenlawn Boulevard. 5. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, PFLUGERVILLE HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS ROUND ROCK, AND ITS RESPECTIVE MAYOR, COUNCILMEMBERS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND OTHER CLAIMS OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY "CLAIMS") BY ANY PERSON OR ENTITY, ARISING OUT OF, CAUSED BY, OR RESULTING FROM THE 2 PERFORMANCE OF SERVICES OR THE PROVISION OF GOODS BY PFLUGERVILLE PURSUANT TO THIS AGREEMENT AND WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR NEGLIGENT OMISSION OF PFLUGERVILLE, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY PFLUGERVILLE OR ANYONE FOR WHOSE ACTS PFLUGERVILLE MAY BE LIABLE, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OF ROUND ROCK OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH ANY INDEMNITEE HAS BY LAW. 6. Term of Agreement. The term of this Interlocal Agreement shall begin on the date of execution by both parties of this Agreement, and shall remain in full force and effect for a period not to exceed two (2) years or until all of the obligations required herein shall have been satisfied, whichever is the earlier date. 7. General Provisions. The following general provisions shall apply to this Interlocal Agreement: (a) Interlocal Cooperation. Pflugerville and Round Rock agree to cooperate with each other in good faith at all times to effectuate the purposes and intent of this Agreement. (b) Payment from Current Revenues. Pursuant to Chapter 791, Texas Government Code, each party paying for governmental services hereunder does hereby provide for payment of same from current revenues or other funds of said party lawfully available for such purpose. (c) Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior and contemporaneous understandings or representations, whether oral or written, respecting the subject matter hereof. (d) Amendments. Any amendment hereof must be in writing and signed by the authorized representative(s) for each party. (e) Interpretation and Authority. The parties acknowledge that this Agreement is entered into pursuant to the authority of Texas law including the authority conferred in V.T.C.A. Government Code, Chapter 791 ("Interlocal Cooperation Contracts"). Except as set forth herein, this Agreement shall not be construed so as to modify, supplement or otherwise alter the provisions of any other agreement between Pflugerville and Round Rock. (f) Certification of Essential Function and Interest. The parties acknowledge that (i) the services specified in this Agreement are necessary and essential for activities that are properly within the statutory functions and programs of the affected local home -rule municipal 3 (g) governments, and (ii) the proposed arrangements serve the interest of efficient and economical administration of the affected local home -rule municipal governments. Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. (h) Assignment. Neither party may assign its rights and obligations under this Agreement. (i) Other Necessary Actions and Instruments. The parties agree that each will take such other and further actions and execute such other and further consents, authorizations, instruments or documents as are necessary or incidental to effectuate the purposes of this Agreement. (j) No Third Party Beneficiaries. Except as set forth herein, nothing herein shall be construed to confer upon any person or entity other than the parties hereto any rights, benefits or remedies under or by reason of this Agreement. (k) No Joint Venture, Partnership, or Agency. This Agreement shall not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee or borrowed servant relationship by and among the parties hereto. (1) (m) Venue. Venue for any suit arising hereunder shall be in Williamson County, Texas. Duplicate Originals. This Agreement may be executed in duplicate originals, each of equal dignity. (n) Effective Date. This Agreement shall be effective from and after the date of due approval hereof by the respective governing bodies of Pflugerville and Round Rock, and due execution hereof by their respective authorized representative(s). IN WITNESS WHEREOF, the authorized representative(s) of Pflugerville and Round Rock have executed this Interlocal Agreement on the dates set forth below. [ SIGNATURE PAGE FOLLOWS ] 4 CITY OF PFLUGE ' VI LE, TEXAS By: M Date Si FOR PFLUGERVILLE, APPROVED AS TO FORM: By: ty • torn9y Date Signed: CITY OF ROUND ROCK, TEXAS By: Mayor Date Signed: (. ZS. vzb FOR ROIINI ROCK, APPROVED AS TO FORM: Date Signe. 5 ATTEST: By: Cit Secretary Date Signed: 11- 12 - 0 Er ATTEST: By: City Secretary Date Signed: ((. 7,Sejlei