R-2018-5979 - 10/11/2018 RESOLUTION NO. R-2018-5979
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 ("City") wishes to enter into an Interlocal Agreement
with Williamson County regarding the payment by the City for construction of an additional two lanes
of the North Mays Extension 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 Between Williamson County and the City of Round Rock, Texas Regarding the Design and
Construction of Additional Two Lanes of the North Mays Extension, 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 1 lth day of October, 2018.
CRAIG ORG ayor
City o Round o , Texas
ATTEST:
51A&I" .
SARA L. WHITE, City Clerk
0112.1804,00410590
EXHIBIT
„A»
INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY
OF ROUND ROCI4,TEXAS REGARDING THE DESIGN AND CONSTRUCTION OF
ADITIONAL TWO LANES
OF THE NORTH MAYS EXTENSION
THIS INTERLOCAL AGREEMENT is made and entered into effective this day of
2018, by and between WILLIAMSON COUNTY (the "County") and the CITY OF
ROUND ROCK,TEXAS(the"City"), political subdivisions of the State of Texas.
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 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;
WI-IEREAS, the City and the County have cooperated to design and construct a two-lane paved
roadway known as the North Mays Extension from Paloma Drive to Oakmont Drive, with a four lane
bridge, approximately 1,220 feet long, over Chandler Branch in Round Rock,Texas(the"Final Design"),
as shown on Exhibit"A"; and
WHEREAS,the City and the County now wish to cooperate in the design and construction of an
additional two lanes of the North Mays Extension from Paloma Drive to just north of Oakmont Drive.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained,the undersigned parties agree as follows:
1. The City and the County have authorized and approved this .Agreement by resolution or order
adopted by their respective bodies, and this agreement will be in full force and effect when
approved by each party.
2. The County agrees to be responsible for all costs associated with the Final Design as described in
the Scope of Services in Exhibit "A", attached hereto and incorporated herein, and to construct
said four lanes pursuant to the Final Design.
N.Mays extension 8-16-18(00407707x108F8).doc
3. The City agrees to pay to the County, pursuant to the conditions stated herein„ twenty-four(24°x'0)
percent all Costs of Construction based on the Final Design, up to and no more than $3,800,000.
The current estimate of the City's share is $3,434,000. Costs of Construction include all costs
related to roadway construction, sidewalks, lighting, water and wastewater relocation, drainage
and other costs related to the construction based on the Final Design. Upon the County's approval
of each invoice for Costs of Construction, the County will transmit a copy of the invoice to the
City. Upon timely receipt, proper documentation and approval of each invoice, the City shall
make a good faith effort to pay the amount which is due within thirty (30) days after receipt of
said invoice.
4. The City agrees to be responsible for the operation and maintenance of the Project after
completion and acceptance by the City.
5. The County agrees to consult and obtain the approval of City staff regarding the Final Design
prior to award of a Project contract for construction.
6. Neither the City nor County waives, modifies, or alters to any extent whatsoever the availability
of the defense of governmental immunity under the laws of the State of Texas and of the United
States.
7. This Agreement may not be amended or modified except in writing executed by both the City and
Williamson County,and authorized by their respective governing bodies.
8. If any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof, but rather this entire Agreement will be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligation of the
Parties shall be construed and enforced in accordance therewith. The Parties acknowledge that if
any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and
intention that such provision be reformed and construed in such a manner that it will, to the
maximum extent practicable, to give effect to the intent of this Agreement and be deemed to be
validated and enforceable.
9. This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall be considered fully executed as of the date above first written,
when all parties have executed an identical counterpart, notwithstanding that all signatures may
not appear on the same counterpart.
10. This Agreement shall commence upon execution of this Agreement and shall end upon the
completion of the Projects and acceptance of the public improvements by City.
11. This Agreement is executed to be effective on the date the last Party signs this Agreement.
12. Each Party, in the performance of this Agreement, shall act in an individual capacity and not as
agents, employees, partners,joint ventures or associates of one another. The employees or agents
of one Party shall not be deemed or construed to be the employees or agents of the other Party for
any purpose.
IN WITNESS WHEREOF, the Parties have executed and attested this Agreement by their
officers thereunto duly authorized.
WILLIAMSON COUNTY
Zx�7
f,p )an A. Gattis,0unty Judge
Attest: �
Nancy Rister, otty Clerk
CITY OF ROUND ROCK,TEXAS
By
Craig Morgan, Mayor
Attest:
...
.._.............._....._................
Sarah White,City Clerk
Exhibit A
Scope of Services
The County will provide plans, specifications and estimate (PS&E) development for a four lane
section of North Drays (Arterial M) from Paloma to Oakmont. The development of plans and
specifications includes the design of the following project components: roadway, all required
drainage systems, bridge structure, roadway illumination, traffic control plans, erosion control
plans, all necessary water quality and BMPs, and signing and marking plans. The County will
also be responsible for necessary utility relocations to include the design of any City of Round
Rock water and wastewater lines that require relocation due to this project. The County will also
perform necessary environmental due diligence tasks in conformance with the Williamson
County Environmental Protocol and obtain necessary TCEQ permits.
4