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R-2022-008 - 1/13/2022 RESOLUTION NC). R-2022,-008 WHEREAS, Chapter 791 of the Texas Goverinnent 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 Manville Water Supply Corporation regarding relocation of water system improvements for the Gattis School Segment 6 Pro.ject,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 ofthe City an Interlocal Agreement Regarding Relocation of Water System Improvements for Gattis School Segment 6, 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 5 5 1, Texas Government Code, as amended. RESOLVED this 13th day of January, 2022. 4 CRAIG W)RGA ayor City of Round R Texas ATTEST: NTIL7A('jA-N tINKS, 'dty Clerk' - J 0112 20222,4863-M6-9864 EXHIBIT ,.A„ INTERLOCAL AGREEMENT REGARDING RELOCATION OF WATER SYSTEM IMPROVEMENTS FOR GATTIS SCHOOL SEGMENT 6 THIS INTERLOCAL AGREEMENT REGARDING RELOCATION OF WATER SYSTEM IMPROVEMENTS ("Agreement") is entered into by and between Manville Water Supply Corporation ("Manville") and the City of Round Rock, Texas, a Texas home rule municipality ("Round Rock"). In this Agreement, Manville and Round Rock are sometimes individually referred to as"a Party"and collectively referred to as"the Parties". WHEREAS, Round Rock is and has been in the process of constructing improvements to Gattis School Road, Segment 6, the location of which is shown on Exhibit"A", attached hereto (the"Road Project");and WHEREAS,a portion of the proposed Road Project includes the widening of the right-of- way which encroaches into easements in which the Manville's water system improvements are,or will be located; and WHEREAS,the Parties have determined that,because of the Road Project,the relocation of Manville water lines are necessary (the"Relocation Project");and WHEREAS, plans and specifications for the relocation of the Manville water lines affected by the Road Project are attached hereto as Exhibit"B"(the"Plans");and WHEREAS, this Agreement sets forth the terms and conditions pursuant to which Manville will construct the Relocation Project at Round Rock's cost. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement,the Parties agree as follows: I. GENERAL STATEMENT 1.01 General. The purpose of this Agreement is to provide for the relocation and construction of Manville waterline improvements (the Relocation Project) caused by Round Rock's construction of the improvements to Gattis School Road(the Road Project). 1.02 Round Rock Relocation of Waterlines.Round Rock will,at its own expense,pay all costs of the Relocation Project. The estimated construction costs of the Relocation Project are shown on Exhibit i°C" (the"Construction Cost." 1.03 Round Rock to Obtain Easements Round Rock agrees to acquire at its own expense all necessary easements required by the Manville for the Relocation Project as shown on the Plans. This Agreement specifically allows Round Rock's right-of-way attorneys to acquire easements by eminent domain, if necessary,on behalf of the Manville. The form of the easement shall be approved by Manville prior to acquisition. Relocation agreement with Manville: 10-21-21(00484424) 1.04 Manville Obligations. Manville shall be responsible for the design of the Plans, including specifications.Manville will submit invoices for design costs to Round Rack,and Round Rock shall reimburse the Manville for the Construction Cost. After completion of the Relocation Project, Manville will own and maintain said waterlines at its sole cost and expense. 1.05 Continuation of Service. Round Rock agrees that the Project shall be undertaken so as to minimize any disruption of water service to existing customers of the Manville and will not result in the permanent loss of water service to any such customers. Il. CONSTRUCTION OF RELOCATION PROJECT 2.01 General. The Parties agree that Manville shall be solely responsible for the construction of the Relocation Project. The Parties agree that Round Rock shall be solely responsible for the Construction Cost of the Relocation Project. 2.02 Payment and Maintenance. Round Rock's payment for the Construction Costs will be due and owing thirty (30) days after the Manville has completed the Relocation Project. After completion, Manville shall own and maintain the facilities included within the Relocation Project. 2.03 Construction Schedule. Manville agrees to start construction of the Relocation Project no later than January 17, 2022 and to complete construction no later than May 16, 2022. Manville agrees and understands that it is imperative that the Relocation Project be completed in accordance with the above schedule. III. DISPUTES 3.01 Material Breach; Notice and Opportunity to Cure. (a) In the event that either Party believes that the other Party las materially breached any of the provisions of this Agreement, the non-defaulting Party will make written demand to cure and give the defaulting Party up to 30 days to cure such material breach or, if the curative action cannot reasonably be completed within 30 days, the defaulting Party will commence the curative action within 30 days and thereafter diligently pursue the curative action to completion. Notwithstanding the foregoing, any matters specified in the default notice which may be cured solely by the payment of money must be cured within 10 days after receipt of the notice. This applicable time period must pass before the non-defaulting Party may initiate any remedies available to the non-defaulting party due to such breach. (b) Any non-defaulting Party will mitigate direct or consequential damage arising from any breach or default to the extent reasonably possible under the circumstances. (c) The Parties agree that they will negotiate in good faith to resolve any disputes and may engage in non-binding mediation, arbitration or other alternative dispute resolution methods as recommended by the laws of the State of Texas. 3.02 Remedies Not Exclusive. The provisions of this Agreement providing remedies in the event of a Party's breach are not intended to be exclusive remedies. The Parties retain, all rights at law and in equity to enforce the terms of this Agreement. IV. GENERAL PROVISIONS 4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code. 4.02 Severability. The provisions of this Agreement are severable and,if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be construed as if the invalid portion had never been contained herein. 4.03 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement will be paid from current revenues available to the Party for such purpose. 4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 4.05 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter and only relates to those portions of the Project shown in the Project Plans. 4.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Williamson County,Texas. 4.08 Notices. Any notices given under this Agreement will be effective if(i)forwarded to a Party by hand-delivery;(ii)transmitted to a Party by confirmed fax machine;or(iii)deposited with the U.S. Postal Service,postage prepaid,certified,to the address of the Party indicated below: MANVILLE: Manville Water Supply Corporation P.O. Box 248 Copeland,Texas 78615 Attn: Telephone: (512) - ROUND ROCK: City of Round Rock 221 E.Main St. Round Rock,Texas 78664 Attn:City Manager Telephone: (512) - 4.09 Counterparts; Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts,each of which will be deemed an original,but all of which will constitute the same instrument. 4.10 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. MANVILLE WATER SUPPLY CORPORATION Date: CITY OF ROUND ROCK,TEXAS By: Craig Morgan, Mayor Date: MANVILLE WATER SUPPLY CORPORATION P.O.Dox 248 (888)856-2488 (888)856-2242(Toil Fra Fax) Coupland,TX 78615 (512)856-2488 (512)856-2029(rax) COST ESTIMATE Today's Date: 6/21/2021 Prepared by: Rexamae Pilkenton/Erk Prinz Customer Name. Red Bud Lane/Gattis School Road 4"water line relocating -Project#1143-07 CHARGES ARE AS FOLLOWS: In-house inspections/data collection 8 hours $60 $480.00 In-house plan review,field meetings,virtual meetings, phone conferences 10 hours $60 $600.00 Contractor line locating-4" water line 780' $5,139.14 Water Outage/Action Plan/ Customer Notifications Field- 12 his(2 employees)Office-2 hrs S60 $840.00 Attorney Agreement Review/ Board Review&Approval 2 11175 S25o $500.00 Line Filling/Flushing Loss 43,000 gallons S5 $215.00 Bac-T Samples(1)- 2 Hrs Labor/Material 5180 5180.00 Administrative Fee-20 hours x $25.00 per hr.(Services to included all paperwork processing,phone discussions, billing and etc.) $25 $500.00 Estimated completion Cost $8,454.14 EXHIBIT rr�.0 00Dn,1y.. %1—'iW$CAncve"lwM"a.a..awar4w►rr.r...e..ac.aa.ats...ta Cc .nr.". J.F. FONTAINE & ASSOCIATES, INC. ESTIMATED COST FOR ENGINEERING SERVICES FOR MANVILLE WATER SUPPLY CORPORATION RED$UD LN/ GATTIS SCHOOL RD PRELIMINARY PHASES Principal P.E. - 20 HRS @ 150.00 ffi $ 3,000.00 Project Manager - 40 HRS @ 105.00 4,200.00 Surveying (Field Check)- 12 Bra @ 95.00 1,140.00 Cad Draftsman - 40 HRS @ 65.00 2,600.00 Clerical - 8 HRS @ 40.00 320.00 Total Estimated Cost $ 11,260.00 DESIGN PHASE: Principal P.E. - 30 HRS @ 150.00 $ 4,500.00 Project Manager - 30 HRS @ 105.00 3,150.00 Cad Draftsman - 40 HRS @ 65.00 2,600.00 Clerical - 8 HRS @ 40.00 320.00 Total Estimated Cost $ 10,570.00 CONSTRUCTION AND CLOSEOUT PHASE: Principal P.E. - 8 HRS @ 150.00 = $ 1,200.00 Project Manager - 60 HRS @ 105.00 6,300.00 Cad Draftsman - 8 HRS @ 65.00 520.00 Clerical - 12 HRS @ 40.00 480.00 Total Estimated Cost $ 81500.00 TOTAL ENGINEERING FEES. TOTAL PRELIMINARY PHASE $ 11,260.00 TOTAL DESIGN PHASE 10,570.00 TOTAL CONSTRUCTION AND CLOSEOUT PHASE 81500.00 TOTAL ENGINEERING FEES $ 30,330.00 J.F. FONTAINE & ASSOCIATES, INC. ESTIMATED COST FOR RESIDENT INSPECTION SERVICES FOR MANVILLE NATER SUPPLY CORPORATION REDSUD/GATTIS SCHOOL RD 1186-01-091 PRELIMINARY PHASE: Resident Inspector - 240 HRS 0 49.00 10,800.00 Travel, Food & Mileage - 30 DAYS @ 180.00 5.400.00 Total Estimated Cost $ 16,200.00 TOTAL RESIDENT INSPECTION FEES: TOTAL RESIDENT INSPECTION FEES = $ 16,200.00 i Patrick Kallus Construction LLC P p Box 947 Granger,TX 76530 PaWal(Ruus®yahoo.com (512)650.5888 RMP(,018262 CSI 0 Ct0002213 Customer. Manville Water Supply Corporation P O Box 248 Coupland, TX 78615 14� -, 0 Date Qty Descript on Arnou 09/10120 Gattis School Road&Redbud Lane Labor for Locating Lines 4,000.00 Hydro-Vac Rental 1,139.14 �e/ate/ a 7 Total Due 5,139.14 Regulated by the: • Texas State Board of Plumbing Examiners ._.- _.... _ ...., ...._... P 0 Box 4200•Austin,TX 76765 (800)603-9202 • (212)4526599 (800)84"684 RECEIVED SEP 102020 f ,__,_.rot. �. Manville Water Supply -- Check No Date Paid Invoice MUM . .� MANVILLE WSG GATTIS SCHOOL RD/REDBUD ITEM AMT UNITS COST f_0TAL 4"'PVC 83,5 FT 15.00 12,525.00 4�_B6_RE-&ENCASE18"'_STEEL 622 FT 110.00 68,420.00 4'GATE VALVE 1 EA 1,600.00 1,500.00 2"GATE VALVE ON EX. I EA 1,000.00 1,000.00 4"X4""X�2MJ TEE 1 EA 1,200.00 1,200,00 HOT TAP PROP. 4"TO EX.8" 1 EA 5,000.00 5,000,00 WE-TTIE-IN PROP.4"TO EX.4" --1 _EA 1._50000 1,500.00 WET TIE-IN PROP.2"TO EX.2" _1 EA 1.500.00 1,500m PRO P'.4"WATERLINE 4 EA 1,500.00 6,00000 R OV EX. APPURTENANCES,AND FILL EX. ENCASEMENTS WITH FLOAWABLE 760 FT 15.00 11,400= FILLER FRENCH SHORING 140 2.00 280.00 JLine'Markers 4 EA 35.00 140,00 TOTAL 110,465.00 Engineering:,Fees 30,330,00 Resident Inspection Fees 16,200,00 Total Estimated Project Cost '156,996'm