R-2019-0481 - 12/5/2019 RESOLUTION NO. R-2019-0481
WHEREAS, the City of Round Rock ("City") has previously entered into an Interlocal
Agreement ("Agreement") with Williamson County regarding the construction of drainage
improvements to the Greenfield/Oak Bluff Estates subdivisions, and
WHEREAS, the City and Williamson County wish to amend the Agreement,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 the First
Amended Interlocal Agreement between Williamson County and City of Round Rock Regarding the
Oak Bluff Estates Drainage Project, 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 5th day of December, 2019.
CRAI MOV
AN, Mayor
City f Rouock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1902;00435736
EXHIBIT
«A„
FIRST AMENDED INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
REGARDING THE OAK BLUFF ESTATES DRAINAGE PROJECT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This First Amended Interlocal Agreement (the "Amended Agreement") is entered into as
of this day of , 2019, 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, on the 25`h day of October, 2018, the City and the County entered into an
Interlocal Agreement(the "Agreement")regarding the construction of drainage improvements to
the Greenfield/Oak Bluff Estates subdivisions; and
WHEREAS, since the approval of the agreement, changed circumstances require the
Agreement to be amended; and
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, as stated in the Agreement, the City and County continue to desire to
commence to fund construction services and easement acquisition necessary to construct
improvements (the "Improvements", as defined herein) to the storm water system (the "System")
that exists in the vicinity of the common boundary between Greenfield and Oak Bluff Estates
Subdivisions, generally located as shown on Exhibit"A", attached hereto;
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. Design and Construction Drawings
Engineering plans (the "Design and Construction Drawings") have been prepared for the
Improvements and designed for the purpose of reducing the frequency of flooding within
Oak Bluff Estates and/or Greenfield Subdivisions.
The Improvements will include an underground pipe, along with associated appurtenances
and incidental items,(the"Supplemental Pipe A"),beginning immediately south of County
00411119
Road 123 and extending to near the southeast corner of Greenfield Subdivision; proposed
to supplement the City's underground pipe currently existing along the west boundary of
Oak Bluff Estates Subdivision, as generally shown on Exhibit A.
The Improvements will also include other underground pipe(s), drainage channels, and/or
culvert improvements, along with associated appurtenances and/or incidental items, (the
"Additional Facilities") beginning north of, at, and/or near County Road 123, and
extending to the south up to, along, within, and/or past the boundaries of Greenfield
Subdivision. The extent and alignments of the Additional Facilities are generally depicted
on Exhibit A.
The total estimated cost of the Improvements, including easement acquisition and utility
relocation, if necessary, is $1,800,000 (the"Estimate"). The County's share in the cost of
the Improvements shall be$810,000.
2. Construction Services
Construction of the Improvements shown in the Design and Construction Drawings is
proposed to be accomplished through services (the "Construction Services") procured
through Competitive Bidding in accordance with the Texas Local Government Code.
3. Obligation of the City
a) The City will be responsible for any revisions to the Design and Construction Drawings
through its consultant.
b) The City will be responsible for determining easement requirements and providing
associated surveying services.
c) The City will be responsible for the acquisition of all needed easements for the
Improvements, including exercising its eminent domain powers, if necessary.
d) The City has advertised for bids for the Construction Services; the bids include the
Supplemental Pipe A, and the Additional Facilities.
e) The City, in its sole discretion, will award a contract for the Construction Services(the
"Contract"), the City will be responsible for administration of the Contract and
inspection of the Construction Services.
f) The City,in its sole discretion,may remove from the Contract the"Proposed New City
Storm Drain"between Evergreen Drive and Woodland Lane as depicted on Exhibit A
and construct alternative improvements.
g) The City will assume maintenance responsibility for the Supplemental Pipe A,and any
of the Additional Facilities constructed as part of the Contract that are within the City's
corporate limits.
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4. Obligation of the County
a) Within 30 days following award of the Contract by the City Council of the City for the
Construction Services,the County will remit to the City the sum of$810,000.
b) The County will assume maintenance responsibility for any of the Additional Facilities
constructed as part of the Contract that are not within the City's corporate limits.
c) The County authorizes the City and its authorized contractors to enter and perform
maintenance work and the Construction Services within easements and rights-of-way
dedicated to the County in the vicinity of the System.
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.
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10. Third Partv Beneficiaries. Except as otherwise expressly provided herein, nothing in
this Agreement, express or implied, is intended to confer upon any 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 the City does not, pursuant to
section A(3) above, award the Contract within 12 months after this Amended 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:
Honorable William Gravell, Jr., County Judge
Date:
Attest:
Nancy Rister, County Clerk
4
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
Date:
Attest:
Sarah White, City Clerk
5
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Exhibit A to accompany the First Amended Interlocal Agreement.between
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