Contract - Cedar Park - 2/24/2022 INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CEDAR PARK AND THE CITY OF ROUND ROCK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into effect
this day of - 2021,by and between 1111:;CH Y OF CEDAR PARK,TEXAS
("Cedar Park")and thIcC6I1;UY(0I)IrIkOUND ROCK,TEXAS("Round Rock"),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 7)1, 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, Cedar Park desires to construct a roadway extension of New [-lope Drive
from Ronald Reagan Boulevard to County Road 175 (the "Project"), including the design and
construction of the traffic signal at the intersection of C.R. 175 and New I-lope Drive as shown in
Exhibit"A"; and
WHEREAS, the Project is on Williamson County's long range arterial plans as "Arterial
H", and is needed to convey the existing and future traffic volumes in this fast growing region;
and
WHEREAS,Cedar Park and Williamson County entered into one"Interlocal Agreement"
on March 3, 2020, for design and construction of the Project,whereby Cedar Park agreed to serve
as Project manager for the Project, including administering right-of-way acquisitiori and
construction; and
WHEREAS, a portion of the Project will be constructed within right-of-way and
easements previously obtained by Round Rock but outside of Round Rock's city limits, as
recorded in Williamson County Document Nos- 2013099148, 20130919147, 2013099146, and
2012107530 (collectively referred to as the"Right-Of-Way"')„arid
WHEREAS,a portion of the Project will be constructed within Round Rock's city linlits,
in right-of-way obtained by Williamson County,as recorded in Williamson County Document No.
2006013003; and
9-02 Z-(.12 1
WHEREAS,Cedar Park and Round Rock desire to cooperate in the construction of the
Project.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained,the Parties agree as follows:
I.
Terms and Conditions
1. The term "Design"for the purposes of this Agreement means engineering, surveying,and
geotechnical, environmental and any other professional or technical services required to
produce bidding documents,plans and specifications for the Project.
2. 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 and County.
3. Cedar Park agrees to manage the Project and shall be solely responsible for all aspects of
the Project including administering all aspects of Design, right-of-way acquisition and
Construction for the Project.
4. Round Rock agrees to allow Cedar Park to construct the Project within the Right-of-Way
and city limits of Round Rock at the locations shown on Exhibit A.
5. Cedar Park shall be solely responsible for the Design and Construction of the Project,
including all costs associated with the Design and Construction of the Project.
Upon final completion of the Project,Cedar Park shall maintain the portion of New Hope
Road, from Ronald Reagan Boulevard to C.R. 175, outside Round Rock's city limits,
including the traffic signal at the intersection of C.R. 175 and New Hope Drive,and Round
Rock shall maintain the portion of New Hope Road within Round Rock's city limits.
6. Cedar Park shall be solely responsible for the design, installation, construction, repair,
replacement and removal of all irrigation and landscaping features, including but not
limited to,entryway signs,if any,that are related to the Project.
II.
Miscellaneous
1. 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.
2. 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
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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.
1 This Agreement may be amended or modified only by written agreement duly authorized
and executed by the duty authorized representatives of the Parties.
4, This Agreement is subject to the appropriation of funds by the Cedar Park City Council in
Cedar Park's budget adopted for any fiscal year for the specific purpose of making
payments pursuant to this Agreement for that fiscal year.The obligation of the Cedar Park
pursuant to this Agreement in any fiscal year for which this Agreement in effect shall
constitute a current expense ofthe City for that fiscal year only,and shall not constitute in
indebtedness of the City of any monies,other than those lawfully appropriated in any fiscal
year. In the event of non-appropriation of funds in any fiscal year to make payinents
pursuant to this Agreement,this Agreement may be terminated.
5. Neither Cedar Park nor Round Rock 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 the United States.
6. 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.
7. 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,
8. 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.
9. This Agreement shall be construed and enforced for all purposes Pursuant to the laws of
the State of Texas. Venue for legal actions involving this Agreement shall be in
Williamson County,Texas with respect to state court,and the United States District Court
for the Western District of Texas with respect to federal court.
10. This Agreement is not intended to create, nor should it be construed as creating, a
partnership, association,joint venture, or trust.
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.
Cram;/Wriangayor
c
City of Ro ock,Texas
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ATTEST":
uzh
Meagan Slain Ol
City Clerl
m� "., ......' —1/11, ..,.::
Corbin Van Arsdale, Mayor
City ofCedar Bark, Texas
AT-FEST:
LeAnn QUinn, City Secretary
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