R-11-04-28-12C6 - 4/28/2011RESOLUTION NO. R -11-04-28-12C6
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 funding for the construction of Kenney Fort Boulevard, from Joe
DiMaggio Boulevard to Forest Creek 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 28th day of April, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
QPA4,1k• GtetkicQ'
SARA L. WHITE, City Secretary
O:Awdox\SCClntsV0112V1 104\MUNICIPALV00219988.DOC/rmc
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into effect this day of
, 2011, by and between WILLIAMSON COUNTY (the "County) and the CITY OF
ROUND ROCK, TEXAS (the "City"), political subdivisions of the State of Texas and are
sometimes collectively referred to as "the Parties".
WITNES SETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation
Act, provides that any one or more public agencies may contract with each other for the
performance of governmental functions and for the joint use of facilities 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 now desire to cooperate in the cost sharing of the
funding of improvements to Arterial A, now known as Kenney Fort Boulevard, from Joe
DiMaggio Boulevard to Forest Creek Boulevard, but excluding the roadway between the south
side of the Union Pacific railroad right-of-way and the north side of the Brushy Creek, as shown
on Exhibit "A", attached hereto (the "Project");
WHEREAS, the total estimated cost of the entire Project, including engineering, surveying,
geotechnical, environmental, right-of-way acquisition, construction, and construction testing
estimated to be $19,834,165; and
WHEREAS, the County has committed to providing a total funding towards the Project in the
amount of $8,000,000 and the City has committed the remaining funds necessary to complete
Project; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
I.
Terms and Conditions
The term "Design" for the purposes of this agreement means engineering, surveying,
geotechnical, environmental and any other professional or technical service required to produce
bidding documents, plans and specifications for the Project.
The term "Right -of -Way" acquisition means all engineering, surveying, appraisal, legal,
title company and other services required to acquire in fee simple the parcels of land necessary to
construct the Project.
The term "Construction" means the provision of all materials, equipment, labor,
surveying, testing and inspection necessary to construct the Project according to the plans and
specifications approved by the City.
0:\wdox\SCCInts\0127\0231 \CONTRACT\00216856.DOC
The City agrees to serve as Project Manager on behalf of the County and administer all
aspects of Design and Right -Of -Way acquisition for the Project including consultant selection
with approval by City staff, preparation of construction plans, competitive bidding, construction
and inspection of the Project.
All professional services for the Project including but not limited to the Engineering
Consultant shall be procured in accordance with all applicable State laws.
The County commits to funding EIGHT MILLION DOLLARS ($8,000,000) for the
Project. Within thirty (30) calendar days of the award of a contract for any of the Project, the
County shall deposit $3,000,000 into a fund to be established and administered by the City (the
"Construction Fund"). Within six months after the award of a contract, the County shall deposit
an additional $3,000,000 into the Construction Fund. The remaining $2,000,000 shall be
deposited in to the Construction Fund twelve months after the contract award.
In the event that the costs incurred by the City for Construction of the Project exceed the
estimated project costs, then the City shall bear sole responsibility for completing this portion of
the Project.
The County is not liable for, and it shall be the City's sole responsibility, at its own cost
and expense, to pay for all Design, Construction and Right -of -Way costs related to the Project.
The Project is not a joint venture between the City and the County.
The City agrees that County or its duly authorized representatives shall, until the
expiration of three (3) years after final payment under this Agreement, have access to and the
right to examine and photocopy any and all books, documents, papers and records of the City
which are directly pertinent to the services to be performed under this Agreement for the
purposes of making audits, examinations, excerpts, and transcriptions. The City agrees that
County shall have access during normal working hours to all necessary City facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. County shall give the City reasonable advance notice of intended
audits.
II.
Miscellaneous
The parties agree that in the event any provision of this Agreement is held by a court of
competent jurisdiction to be in contradiction of any laws of the State or the United states, the
parties will immediately rectify the offending portions of this Agreement. The remainder of the
Agreement shall be in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto, and
supersedes all their oral and written negotiations, agreements and understandings of every kind.
The parties understand, agree and declare that no promise, warranty, statement or representation
of any kind whatsoever, which is not expressly stated in this Agreement, has been made by any
party hereto or its officers, employees or other agents to induce execution of this Agreement.
2
This Agreement shall terminate if a contract for the Project is not awarded by the City
within one year after the Parties execute this Agreement
This Agreement shall be performable in Williamson County, Texas.
ATTEST:
Nancy Rister, County Clerk
ATTEST:
Sara White, City Secretary
3
Dan A. Gattis, County Judge
Williamson County, Texas
Alan McGraw, Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY:
Agenda Item No. 12C6.
Ci Council Agenda Summar Sheet
.....................
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with
Williamson County regarding funding for the construction of Kenney Fort Boulevard, from
Joe DiMaggio Boulevard to Forest Creek Boulevard.
Meeting Date: April 28, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
Kenney Fort Boulevard (Arterial A) is a major arterial roadway which will traverse Round Rock, eventually connecting
from Georgetown to Pflugerville. The first phase of this roadway includes a six -lane divided section between Joe
DiMaggio Boulevard and Forest Creek Drive, which will include a grade separated crossing of Palm Valley Boulevard
(US 79) and the Union Pacific Railroad and a bridge over Brushy Creek.
In addition to being an integral part of Round Rock's road network as adopted in the Transportation Master Plan,
this segment of Kenney Fort will also provide access to approximately 500 acres just south of the UPRR which has
previously been inaccessible and undeveloped except for agricultural uses. The overall estimated cost for this
roadway is $28,000,000, which will be paid for with funds from Round Rock's Transportation System Development
Corporation (formerly the "4B Corporation").
During the conceptual and development stages of this road project, Williamson County, led by former Commissioner
Frankie Limmer and current Commissioner Ron Morrison, recognized the value this roadway brought to Round Rock
and the region and pledged their support for this road. Subsequently, an Interlocal Agreement (ILA) was developed
which reflects this pledge of support in the amount of $8,000,000.
As detailed in the ILA, the project description and limits where this funding will be used include all expenses
associated with the road between Joe DiMaggio Boulevard and Forest Creek Drive, but excluding the portion of
roadway between the UPRR and Brushy Creek. The reason for this exclusion is that this specific portion of the
roadway is the subject of a Roadway Impact Fee currently being contemplated by the City Council. Approval of the
ILA will secure the County's participation in this important roadway and help to defer some of the City's costs
associated with this facility.
Strategic Plan Relevance:
20.0 - Infrastructure Attractive to Target Business
25.0 - Develop funding source mechanisms for mobility and connectivity options.
26.0 - Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Cost:
Source of Funds:
N/A
N/A
City Council Agenda Summary Sheet
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT
TIS INTERLOCAL AGREEMENT is made entered intoffect this �' day of
2011, and e"County) by and between WILLIAMSON COUNTY (the and the CITY OF
ROUND ROCK, TEXAS (the "City"), political subdivisions of the State of Texas and are
sometimes collectively referred to as "the Parties".
WITNESSETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation
Act, provides that any one or more public agencies may contract with each other for the
performance of governmental functions and for the joint use of facilities 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 now desire to cooperate in the cost sharing of the
funding of improvements to Arterial A, now known as Kenney Fort Boulevard, from Joe
DiMaggio Boulevard to Forest Creek Boulevard, but excluding the roadway between the south
side of the Union Pacific railroad right-of-way and the north side of the Brushy Creek, as shown
on Exhibit "A", attached hereto (the "Project");
WHEREAS, the total estimated cost of the entire Project, including engineering, surveying,
geotechnical, environmental, right-of-way acquisition, construction, and construction testing
estimated to be $19,834,165; and
WHEREAS, the County has committed to providing a total funding towards the Project in the
amount of $8,000,000 and the City has committed the remaining funds necessary to complete
Project; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
I.
Terms and Conditions
The term "Design" for the purposes of this agreement means engineering, surveying,
geotechnical, environmental and any other professional or technical service required to produce
bidding documents, plans and specifications for the Project.
The term "Right -of -Way" acquisition means all engineering, surveying, appraisal, legal,
title company and other services required to acquire in fee simple the parcels of land necessary to
construct the Project.
The term "Construction" means the provision of all materials, equipment, labor,
surveying, testing and inspection necessary to construct the Project according to the plans and
specifications approved by the City.
O:\wdox\SCClnts\0127\0231 \CONTRACT\00216856. DOC
1L-lt-o4-2-0,- 12Z(.
The City agrees to serve as Project Manager on behalf of the County and administer all
aspects of Design and Right -Of -Way acquisition for the Project including consultant selection
with approval by City staff, preparation of construction plans, competitive bidding, construction
and inspection of the Project.
All professional services for the Project including but not limited to the Engineering
Consultant shall be procured in accordance with all applicable State laws.
The County commits to funding EIGHT MILLION DOLLARS ($8,000,000) for the
Project. Within thirty (30) calendar days of the award of a contract for any of the Project, the
County shall deposit $3,000,000 into a fund to be established and administered by the City (the
"Construction Fund"). Within six months after the award of a contract, the County shall deposit
an additional $3,000,000 into the Construction Fund. The remaining $2,000,000 shall be
deposited in to the Construction Fund twelve months after the contract award.
In the event that the costs incurred by the City for Construction of the Project exceed the
estimated project costs, then the City shall bear sole responsibility for completing this portion of
the Project.
The County is not liable for, and it shall be the City's sole responsibility, at its own cost
and expense, to pay for all Design, Construction and Right -of -Way costs related to the Project.
The Project is not a joint venture between the City and the County.
The City agrees that County or its duly authorized representatives shall, until the
expiration of three (3) years after final payment under this Agreement, have access to and the
right to examine and photocopy any and all books, documents, papers and records of the City
which are directly pertinent to the services to be performed under this Agreement for the
purposes of making audits, examinations, excerpts, and transcriptions. The City agrees that
County shall have access during normal working hours to all necessary City facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. County shall give the City reasonable advance notice of intended
audits.
II.
Miscellaneous
The parties agree that in the event any provision of this Agreement is held by a court of
competent jurisdiction to be in contradiction of any laws of the State or the United states, the
parties will immediately rectify the offending portions of this Agreement. The remainder of the
Agreement shall be in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto, and
supersedes all their oral and written negotiations, agreements and understandings of every kind.
The parties understand, agree and declare that no promise, warranty, statement or representation
of any kind whatsoever, which is not expressly stated in this Agreement, has been made by any
party hereto or its officers, employees or other agents to induce execution of this Agreement.
2
This Agreement shall terminate if a contract for the Project is not awarded by the City
within one year after the Parties execute this Agreement
This Agreement shall be performable in Williamson County, Texas.
ATTEST:
Nancy Rister, County Clerk
ATTEST:
Sara White, City Secretary
3
// Dan A. Gattis, County Judge
Williamson County, Texas
an,bu._,
Alan McGraw, Mayor
City of Round Rock, Texas
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