CM-2022-208 - 9/2/2022 ENCROACHMENT AGREEMENT
The UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT
("District") shall authorize the CITY OF ROUND ROCK, TEXAS ("City"), to coordinate the
construction of a new forty-two (42) inch water transmission line and related activities and
improvements (collectively the "Improvements"), including long-term operation and maintenance
with the Dam #13 Structure Easement Area ("Structure Easement Area"), conditioned upon the
following:
1. The Improvements as described in this agreement shall be located as shown on Exhibit
"A,"attached hereto and incorporated herein by reference for all purposes. No other improvements
shall be installed within the Structure Easement Area as identified in Exhibit "A," without the
permission from District.
2. Upon completion and acceptance of the Improvements by City, City shall maintain the
Improvements at all times, making necessary repairs immediately to avoid damage to Dam #13,
the auxiliary spillway and within the Structure Easement Area. Should City fail to make the
needed repairs or substantial progress to District's satisfaction towards the repairs within thirty
(30) days of receiving written notice from District, District may, at its option, commence any and
all necessary repairs. City shall be responsible for all costs directly related to the repair. In
emergency situations, District may commence necessary repairs, and City shall be responsible for
all costs directly related to said emergency repairs.
3. City shall make reasonable efforts to give District not less than thirty (30) days written
notice prior to commencement of any operations by City for the construction, maintenance,
alteration, replacement, repair or removal of the Improvements, except in cases of actual
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emergency. In the case of an actual emergency, City shall make reasonable efforts to provide
District with immediate written notice, along with a full description of the emergency and the
action to be undertaken by City and confirming that the action meets the current standards of TCEQ
Dam Safety at the time of the proposed action.
4. City shall pay District for any damage to District's Dam#13, the auxiliary spillway and
within the Structure Easement Area which may arise as a proximate result of any of City's
Improvements contemplated herein, and City shall further be responsible for any injury or death
to any person or persons or damage or destruction of any property,caused as a proximate result of
the construction, use, operation, replacement, repair or removal of the Improvements; provided,
however, City shall not be liable for any such injury, death, destruction or damage to the extent
caused by the gross negligence or willful misconduct of District. City shall pay all damages due
to District within thirty(30)days after receiving notice of any incident which requires the payment
of damages hereunder.
5. Upon not less than twenty-four (24) hours written notice to District, City shall have
rights of reasonable ingress and egress in order to access the Structure Easement Area; provided,
however, that City's rights to use Dam#13 to gain access to the Structure Easement Area shall be
limited to areas abutting the auxiliary spillway. City shall not drive motorized vehicles on the
slopes of the dam or spillway embankments. City shall not store materials or equipment of any
kind on the slopes of the dam or spillway embankments. At all times, City shall keep all gates to
the easement locked and secured after each use, shall take all necessary steps to ensure that there
is no unauthorized access Dam#13, and shall otherwise maintain control of any and all access to
Dam #13 during the operations of City.
6. To the extent allowed by law, City shall indemnify, defend, save, protect and hold
District and its officers, directors, employees, and agents, harmless from and against any and all
claims, liabilities, losses, damages, demands, lawsuits, causes of action, including but not limited
to claims for personal injuries, death, damages to property, and all other claims or demands and
costs and expenses (including attorney's fees, costs of litigation and/or investigation or other costs
associated therewith) resulting from City's exercise of the rights granted hereunder.
7. City shall comply with all applicable Federal and State safety and environmental laws,
rules, and regulations.
8. Before construction, City shall coordinate the following:
a. Ensure that the design plans and specifications for the Improvements within the
Structure Easement Area are submitted by a Texas License Engineer for review
and acceptance by District and its consultant(s).
b. Ensure City's contractor responsible for the construction of the Improvements is
qualified and experienced in similar work and that contract is subject to
coordination from District and its consultants(s).
9. Final permitting from District for the encroachment of the Improvements shall be
contingent on District's acceptance of the final design plans.
10. During City's construction of the Improvements, City shall coordinate the following:
a. Prior to the commencement of work within District's Structure Easement Area,
City's contractor shall coordinate with District and District's consultant(s) to
include review and acceptance of the proposed schedule, access plans, and other
items related to the Improvements within the Structure Easement Area.
b. City's contractor shall promptly proceed with construction of the Improvements
and diligently complete all activities within District's Structure Easement Area,
including the revegetation of the Structure Easement Area.
c. All City's contractors, including but not limited to construction contractor,
subcontractors, inspectors, engineers, surveyors, materials testing laboratories
shall not access the Dam #13 crest road or embankment slopes at any time,
including for the storage of materials, equipment, or spoils.
d. All changes to the design or field modifications within District's Structure
Easement Area must be approved by District prior to City commencing work.
e. Commencing upon construction of Improvements, City shall submit on the I" of
each month to District a monthly progress report of construction activities
completed within the Structure Easement Area during the previous mounth and
anticipated in the current month. Said monthly progress reports shall continue
until all Improvements within the Structure Easement Area are completed,
including establishment of revegetation.
f. Upon final completion of the Improvements, City's contractor and design
engineer shall coordinate to produce "as built" drawings to District.
11. Assignment. In the event the construction of any Improvements within the Structure
Area are contracted or agreed upon by City to be managed and/or performed by an other
governmental entity ("designee"), the obligations under this Agreement shall be
assigned to City's designee(s) and any designee shall be responsible for any obligation
set forth herein. In the event a designated governmental entity fails to abide by the terms
4,
of this Agreement, District may at its sole discretion immediately terminate said
Agreement.
12. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or
amend any legal defense available at law or in equity to either party to this Agreement. Neither party
waives, modifies or alters to any extent whatsoever the availability of the defense of governmental
immunity under the laws of the State of Texas.
13. Appropriations. Notwithstanding any provision contained herein, any financial
obligations of the parties contained herein are subject to and contingent upon appropriations by the
City Council or District Board of Directors of such funds or other revenues being available,received
and appropriated by the parties in amounts sufficient to satisfy said obligations. In no event shall
this instrument be construed to be a debt of either party.
[Signatures on the following page.]
5.
CITY OF ROUND ROCK, TEXAS
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BY:
City Manager
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DATED: 2 Z
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Meagan Spin , Ci Clerk
UPPER BRUSHY CREEK
WATER CONTROL AND IMPROVEMENT DISTRICT
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BY: a,.wu. Y)Lj
Alysha birard, General Manager
DATED: ft At DZ Z.
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BY: ( yva'46L
Lisa Moravitz, District Jerk
6.
EXHIBIT"A"
LOCATION OF IMPROVEMENTS WITHIN
STRUCTURE EASEMENT AREA
OF DAM#13
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WILLIAMSON COUNTY/CITY OF ROUND ROCK
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City of Round Rock
ROU ROCK
TEXAAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Upper Brushy Creek Water
Control and Improvement District regarding the Sam Bass Transmission Line
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/2/2022
Dept Director: Michael Thane,Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: D.5A DRAFT Encroachment Agreement,UBCWCID Site Plan_revl
Department: Utilities&Environmental Services
Text of Legislative File CM-2022-208
The City of Round Rock's Water Master Plan has identified the need for a 48-inch water transmission main,
known as Sam Bass I,and a 42-inch water transmission main, known as Sam Bass II.Sam Bass I extends
from fM 1431 to Tonkawa Trail,and Sam Bass II extends from Tonkawa Trail to Wyoming Springs Drive.
The total anticipated length of the alignment for Sam Bass I and II is approximately 14,000 linear feet.A
combination of factors has accelerated the need for these projects to start earlier than expected.The
factors include,the 2020/2021 Sam Bass Road Expansion by Williamson County,the planning/design of
Wyoming Springs Drive by the City, and the continued development contributing to lower system water
pressures.
The encroachment agreement is needed to coordinate the construction of a new 42-inch water
transmission line and related activities and improvements, including long-term operation and maintenance
within the Upper Brushy Creek Water Control and Improvements District Dam#13 Structure Easement
Area.
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