Contract - Manville Water Supply Corp - 1/13/2022 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"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)
?-2022-008'
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 Rock,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.
H.
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'has 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 sarne instrument.
4.10 Authority. Fach Party represents and warrants, that it has the full right, power and
authority to execute this Agreement.
MANVILLE WA'rER SUPPLY CORPORATION
its, 1 /)
Date:
CITY OF ROUND ROCK, TEXAS
i
By: Craori, Mayor
Date: . .........
MANVILLE WATER SUPPLY CORPORATION
P.O.Box 248 (888)856-2488 (888)856-2242(Toll Free Fax)
Coupland,TX 78615 (512)856-2488 (512)856-2029(fox)
COST ESTIMATE
Today's Date: 6/21/2021 Prepared by: Rexanne 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 S60 $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 hrs(2 employees)Office-2
hrs S60 $840.00
Attorney Agreement Review
Board Review&Approval 2
lus 5250 $500.00
Line Filling/Flushing Loss
43,000 gallons Si $215.00
Bac-T Samples(1)- 2 Hrs
Labor/Material $ISO $180.00
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
awn.i.,m...u[...m.wscAll errrrol."on.e0.4..4G-b4n.eRd...n.".e¢oaM.wi.C.. d..b
J.F. FONTAINE & ASSOCIATES, INC.
ESTIMATED COST FOR ENGINEERING SERVICES
FOR
MANVILLE WATER SUPPLY CORPORATION
REDBUD LN/ GATTIS SCHOOL RD
PRELIMINARY PHASE:
Principal P.E. - 20 HRS @ 150.00 = $ 3,000.00
Project Manager - 40 HRS @ 105.00 4,200.00
Surveying (Field Check) - 12 Kra @ 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 MRS @ 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 $ 8,500.00
TOTAL ENGINEERING FEES:
TOTAL PRELIMINARY PHASE = $ 11,260.00
TOTAL DESIGN PHASE 10,570.00
TOTAL CONSTRUCTION AND CLOSEOUT PHASE 8.500.00
TOTAL ENGINEERING FEES = $ 30,330.00
J.F. FONTAINE & ASSOCIATES, INC.
ESTIMATED COST FOR RESIDENT INSPECTION SERVICES
FOR
MANVILLE WATER SUPPLY CORPORATION
REDBUD/GATTIS SCHOOL RD
1186-01-091
PRELIMINARY PHASE:
Resident Inspector - 240 HRS @ 45.00 $ 10,800.00
Travel, Food & Mileage - 30 DAYS @ 180.00 5,400.00
Total Estimated Coat $ 16,200.00
TOTAL RESIDENT INSPECTION FEES:
TOTAL RESIDENT INSPECTION FEES = $ 16,200.00
Patrick Kallus Construction LLC
P O Box 947
Granger,TX 76530
PahiCkKapuB®yahoo.com (512)650-5689 RMPL#16262 CSI#00002213
Customer:
Manville Water Supply Corporation
P O Box 248
Coupland, TX 78615
i 0
Datet3ty Description Amount
09/10120 Gattis School Road&Redbud Lane
Labor for Locating Lines 4,000.00
Hydro-Vac Rental 1,139.14
���1',tPr�d 1vu.�' �►tl�s�
Total Due 1 5,139.14
Regulated by the:
Texas State Board of Plumbing Examiners
_._____.... _ ...., ......_. P O Box 4200•Austin,TX 78785
(800)803-9202 • (212)452.6599 (800)845-6584
RECEIVED
SEP 10 2020
Manville Water Supply
Check No
Date Paid Invoice 2009102 , ..j
MANVILLE W'SC
GATTIS SCHOOL RDYREDBUD
ITEM AMT UNITS CC3ST TOTAL
4' PVC 835 FT 12,525,00
4;_B&iii&—E-NCASE/8"STEEL 622 FT 116700-- 68,420.0 0
4'GATE VALVE 1 EA 1,500m 1,500,00
2" GATE VALVE ON EX. 1 EA 11000.00 110001,00
4"X 4"X 2"MJ TEE 1 E M 1,200,00 1,200.00
HOT TAP PROP. 4"TO Ek B" I EA 5,000.00 5,000,00
WET TIE-IN PROP.4"TO EX.4" 1 EA 1,500.00 1,500.00
WET TIE-IN PROP,2"'TO EX.2" 1 EA 1 1,500,00 1,500,00
RECONN80T EX, PEY9
PROP.4"WATERLINE 4 EA 1,500.00 6,000m
TE_M_0V_E_E_X4"'W7,_ER_� —
APPURTENANCES,AND FILL EX.
ENCASEMENTS WITH FLOAWABLE, 760 FT 15.00 11,400.00,
FILLER
TRENCH SHORING 140- FT 2.00 290.00'
1 11 11
Line Markers 4 EA 140.00
TOTAL 110,465M
Engineering Fees 30,330,00
Resident Inspection Fees 16,200,00
Total Estimated Project Cost
66'sd',00