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R-2022-196 - 6/9/2022 RESOLUTION NO. R-2022-196 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 wishes to enter into an Interlocal Agreement with Williamson County regarding cost sharing and related Wyoming Springs Extension Segment 1 project issues, 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 Regarding the Design and Construction of the Wyoming Springs 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 9th day of June, 2022. CRAIGRG , Mayor tund City of R ck, Texas ATTEST: MEAGAN SP KS, CiO Clerk 01 12.20222.4859-9739-2418 EXHIBIT "A'" INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY OF ROUND ROCK, TEXAS REGARDING THE DESIGN AND CONSTRUCTION OF THE WYOMING SPRINGS EXTENSION THIS INTERLOCAL AGREEMENT is made and entered into effective this day of , 2022, 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; WHEREAS, the parties desire to equally share costs related to the preliminary design and construction of a four-lane paved roadway known as the Wyoming Springs Extension (the "Project") from Brightwater/Creekbend Blvd. to Sam Bass Road, in Round Rock, Texas, at the location shown on Exhibit"A'; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,the undersigned parties agree as follows: I. 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 pay to the City, pursuant to the conditions stated herein, fifty(50%)percent all Project Costs, up to and no more than Nine Million and 001100 Dollars ($9,000,000) (the "County Reimbursements"). Project Costs include preliminary and final design, right-of-way acquisition, environmental mitigation, utility relocations (if any), construction bidding and management and all other costs related to the construction of the Project. After City's payment of each expenditure for Project Costs, the City will transmit a copy of said expenditure to the County, upon timely receipt, proper documentation and approval of each expenditure the County shall make a good faith effort to pay the amount which is due within thirty (30) days after receipt of said payment request from the City. The City agrees to make every effort to transmit the requests for reimbursement of expenditures to the County in sixty day intervals. 3. The City agrees to be responsible for the operation and maintenance of the Project after completion and acceptance by the City. 4. 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. 5. 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. 6. 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. 7. 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. 8. This Agreement shall commence upon execution of this Agreement and shall end upon the completion of the Project. The Parties acknowledge that the Project could take considerable time to design, due to the environmentally sensitive areas within the Project footprint. If the Project 2 has not been completed within five (5) years after the Effective Date, the City and/or the County reserves the right to terminate this Agreement. 9. The Effective Date of this Agreement shall be on the date the last Party signs this Agreement. 10. 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 Parry for any purpose. IN WITNESS WHEREOF, the Parties have executed and attested this Agreement by their officers thereunto duly authorized. (signatures on the following page) 3 CITY OF ROUND ROCK,TEXAS By: Craig Morgan,Mayor Date: Attest: Meagan Spinks, City Clerk WILLIAMSON COUNTY By: William Graveil,Jr., County Judge Date: Attest: Nancy Rister,County Clerk 4 Exhibit A Location of Wyoming Springs Extension 5 I WYOMING SPRINGS EXTENSION TOTAL LEN GTKp MU.'EGT. UMnft".32MI) SEGMENT 1 ROA➢WAY LENGTH: --1 M R(OAA AN! SAN BM55 W�DVEEfNTS: Z1Ol.OSRIOAI V!! MUSKY OMM SAMW EEHGTN:46 R(OM W) DaY Fdbf BRIDGE YEOIGTIL l4LOOR 10MWI EXTENSION OF WYOMING SPRINGS DR FROM r+awwAY� now MTERw CREEKBEND BLVD TO SAM BASS RD GES GNsaEeG' .aTeR renAUM HGRIZdrTAL CY,IRYE 1.000R ■■■ �'OBRIAR"nGxGNVE ROUND ROCK, WILLIAMSON COUNTY,TEXAS DPEMNGAM; HALFF STW,� ■■■ AUSnN,TX 7V29 �M,V)T: �$'� TEL l512I]TM6OO A9TNURNIGHT- -WAY 1gnuE' ■■■ TMBUBLSENGINEE FOR CONSTRUCTION RK ROADWAY EXTENSION WHICH raurxveNCExr ..ox Ter�E�seNCINEENwGFlarn aarz INCLUDES EARTHWORK,GRADING,FLEX BgSE,HMgC, DIHEcnONu olsmlEunoN EoxrEmx PAVING,BRIDGE,DRAINAGE STRUCTURES,WATER PLANS PREPARED BY: QUALITY FACILITIES,WATER AND WASTEWATER JEFFREY NAGY.P.E. ADJUSTMENTS,SIGNALIZATION,LIGHTING,SHARED USE JNAGY®HALFF.COM PATH,SIGNING AND PAVEMENT MARKINGS MAY 2 2022 I,JEFFREY NAGY P.E.,DO HEREBY CERTIFY THAT THE PUBLIC PRELIMINARY WORKS AND DRAINAGE IMPROVEMENTS DESCRIBED HEREIN HAVE BEEN DESIGNED IN COMPLIANCE WITH THE 90% SUBMITTAL SUBDIVISION AND BUIDING REGULATION ORDINANCES AND STORM WATER DRAINAGE POLICY ADOPTED BY THE CITY OF ROUND ROCK,TEXAS. END PROJECT STA 158+41.14 BEGIN SAM BASS —END SAM BASS IMPROVEMENTS IMPROVEMENTS (SEAL AND SIGNATURE OF ENGINEER) DATE STA 35+36.19 STA 58+32.24 N a9��G ALL RESPONSIBILITY FOR THE ADEQUACY OF THESE PLANS T� REMAINS WITH THE ENGINEER WHO PREPARED THEM. 1N ,' 1 ACCEPTING THESE PLANS,THE CITY OF ROUND ROCK MUST RELY ON THE ADEQUACY OF TETE WORK HEREIN SEALED BY THE DESIGN ENGINEER. ROUND ROCK SPECIFICATIONS ADOPTED BY THE TEXAS DEPARTMENT L TEXAS OF TRANSPORTATION,ON NOVEMBER 1,2014,SPECIFICATIONS a APOPTED BY THE CITY OF ROUND ROCK ON JANUARY 28,2021 :r SHALL GOVERN ON THIS PROJECT. 0 t I � WATERSHED:BRUSHY CREEK !-r ACCEPTED BY: FEMA FIRM MAP#48491 C0488F 1 REVISED DECEMBER 20,2019 Ilut�MWEA LRLIpI-ph fY aOLM RilpI TESAS IILNG^ONIN[M[EVNrLvr ai- CITY OFFICIALS a CRAIG MORGAN MAYOR 9 MICHELLE LY COUNCIL MEMBER REGISTERED ACCESSIBILITY SPECIALIST RENE FLORES COUNCIL MEMBER (RAS)INSPECTION REQUIRED MATTHEW BAKER COUNCIL MEMBER TDLR NO.EABRPJ FRANK ORTEGA COUNCIL MEMBER BEGIN PROJECT KRISTIN STEVENS COUNCIL MEMBER STA 111+70.40 HILDA MONTGOMERY COUNCIL MEMBER LOCATION MAP GARY HUDDER TRANSPORTATION DIRECTOR N.T.S. I