R-2026-055 - 3/12/2026 RESOLUTION NO. R-2026-055
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("City") wishes to enter into an Interlocal Agreement with
Williamson County regarding cost sharing related to the Deep Wood Drive Project, 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 with Williamson County, 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 12th day of March, 2026.
CRA OR , Mayor
City o Round ock, Texas
ATTEST:
—�l 4F.
ANN FRANKLIN, City Clerk
0112.20262
EXHIBIT
A
INTERLOCAL AGREEMENT
REGARDING THE PARTICIPATION OF THE CITY OF ROUND ROCK,TEXAS,
AND WILLIAMSON COUNTY,TEXAS IN THE DESIGN AND CONSTRUCTION
COSTS RELATED TO THE DEEP WOOD DRIVE PROJECT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the City
of Round Rock,Texas("City"), a Texas home-rule municipality,and Williamson County,Texas,
a political subdivision of the State of Texas ("County"). In this Agreement, City and the County
are sometimes individually referred to as a"Party" and collectively referred to as the"Parties."
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 City is and has been in the process of designing and constructing
improvements to Deep Wood Drive from Sam Bass Road to RM 620, as shown in Exhibit "A"
attached hereto ("City Project");
WHEREAS,the County desires to cooperate with the City to facilitate the construction of
the City Project; and
NOW,THEREFORE, in consideration of the foregoing premises,and for other good and
valuable consideration,the receipt and sufficiency of which is acknowledged,the County and City
agree as follows:
I.
PURPOSE
1.01 General. The purpose of this Agreement is to provide for the County's
participation in the design,right-of-way acquisition,utility relocation,and construction of the City
Project.
II.
DESIGN AND CONSTRUCTION OF CITY PROJECT
2.01 Design of City Project. The City shall be responsible for contracting with a firm
("Design Firm") regarding the engineering and design for the City Project. The City shall ensure
that the design includes the following:
A new location four-lane road between Sam Bass Road and RM 620.
2.02 Design and Construction Costs. The City shall be responsible for all costs
associated with the preliminary and final design, right-of-way acquisitions, utility relocation,
DEEP WOOD DRIVE ILA Wilco&City of Round Rock,Texas
construction bidding, construction, project management, and all other costs related to the City
Project("Project Cost"). The estimated Project Cost is $21,474,000.
2.03 Construction Plans. The City shall schedule periodic progress meetings with the
County of not less than one per month, unless otherwise agreed by both Parties.
2.04 Permits. The City shall be responsible for obtaining permits, if any, required for
the construction of the City Project.
2.05 Operation and Maintenance After Acceptance. City shall be responsible for the
operation and maintenance of the City Project improvements.
III.
COUNTY OBLIGATIONS
3.01 Permission to Construct. The County agrees to allow the City to construct the
City Project on and within County-owned right-of-way if applicable.
3.02 County Payment. The County shall reimburse the City for the City Project in an
amount not to exceed ELEVEN MILLION AND NO/100 DOLLARS ($11,000,000.00) for the
design, right-of-way acquisition, and construction, including utility relocation costs (together
"County Participation Amount"). The City will submit reimbursement requests up to the County
Participation Amount using the following payment schedule: 25% upon full execution of the
Agreement between the City and the County, 25% upon awarding bid, 25%when construction is
50% complete, as determined by the value of the work completed to date against the contract
amount, and 25%upon substantial completion. The payment schedule is anticipated to follow the
milestones identified in the anticipated project schedule shown in Exhibit"B"attached hereto.
3.03 Texas Prompt Payment Act Compliance. Payment for goods and services shall
be governed by Chapter 2251 of the Texas Government Code.An invoice shall be deemed overdue
on the 31 st day after the later of(1) the date Customer receives the goods under the contract; (2)
the date the performance of the service under the contract is completed; or(3)the date the County
Auditor receives an invoice for the goods or services. Interest charges for any overdue payments
shall be paid by County in accordance with Texas Government Code Section 2251.025. More
specifically,the rate of interest that shall accrue on a late payment is the rate in effect on September
1 of County fiscal year in which the payment becomes due. The said rate in effect on September 1
shall be equal to the sum of one percent(1%); and(2)the prime rate published in the Wall Street
Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or
Sunday.
3.04 County's Right to Audit. City agrees that County or its duly authorized
representatives shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine and photocopy any and all books, documents,
papers and records of City which are directly pertinent to the services to be performed and amounts
expended under this Agreement for the purposes of making audits, examinations, excerpts, and
2.
transcriptions. City agrees that County shall have access during normal working hours to all
necessary City facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. County shall give City reasonable
advance notice of intended audits.
IV.
DISPUTES
4.01 Material Breach; Notice and Opportunity to Cure.
(a) In the event that one Party believes that another Party has materially breached one
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 damages 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.
4.02 Equitable Relief. In recognition that failure in the performance of the Parties'
respective obligations could not be adequately compensated in monetary damages alone, the
Parties agree that after providing notice and an opportunity to cure in accordance with Section 4.01
above,the Parties shall have the right to request any court,agency or other governmental authority
of appropriate jurisdiction to grant any and all remedies which are appropriate to assure
-conformance to the provisions of this Agreement. The defaulting Party shall be liable to the other
for all costs actually incurred in pursuing such remedies, including reasonable attorney's fees, and
for any penalties or fines as a result of the failure to comply with the terms including, without
limitation,the right to obtain a writ of mandamus or an injunction requiring the governing body of
the defaulting party to levy and collect rates and charges or other revenues sufficient to pay the
amounts owed under this Agreement.
4.03 Agreement's 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, except to the extent released or waived by the express terms of this Agreement, all
rights at law and in equity to enforce the terms of this Agreement.
3.
V.
GENERAL PROVISIONS
5.01 Authority. This Agreement is made in part under the authority conferred in
Chapter 791, Texas Government Code.
5.02 Term. This Agreement shall commence upon execution of this Agreement and
shall end upon the completion of the City Project and acceptance of the public improvements by
the City.
5.03 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.
5.04 Payment from Current Revenues.Any payments required to be made by a Party
under this Agreement will be paid from current revenues or other funds lawfully available to the
Party for such purpose.
5.05 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate
the purposes and intent of this Agreement.
5.06 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 City Project shown in Exhibit A.
5.07 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
5.08 Applicable Law; Venue. This Agreement will be construed in accordance with
Texas law. The venue for any action arising hereunder will be in Williamson County, Texas.
5.09 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 telecopy; or (iii) deposited
with the U.S.Postal Service,postage prepaid,certified,to the address of the Party indicated below:
ROUND ROCK: Brooks Bennett, City Manager
221 East Main Street
Round Rock, Texas 78664
Telephone: (512)218-5401
COUNTY: 710 S. Main Street
Georgetown, Texas 78626
Attn: Steven Snell
Telephone: (512)943-1550
4.
Facsimile: (512)943-1662
5.10 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.
5.11 Authority. Each Party represents and warrants that it has the full right,power, and
authority to execute this Agreement.
5.12 Effective Date. This Agreement is executed to be effective on the date the last
Party signs this Agreement. If the Project has not been completed within six (6) years after the
Effective Date,the County reserves the right to terminate this agreement.
5.13 No Joint Venture. The City Project is a sole project of the City and is not a joint
venture or other partnership with the County.
(SIGNATURES ON FOLLOWING PAGE)
5.
THE CITY OF ROUND ROCK,TEXAS
By:
Name:
Its:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this day of
, 2026,by Craig Morgan as Mayor of the City of Round Rock, Texas, on behalf
of said City.
Notary Public, State of Texas
6.
WILLIAMSON COUNTY,TEXAS
By:
Steven Snell, County Judge
ATTEST:
By:
Nancy Rister, County Clerk
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this day of
2026, by Steven Snell, County Judge of Williamson County, Texas, on behalf
of said County.
Notary Public, State of Texas
7.
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Exhibit "B"
Project Schedule
9.
ID Task Name Duration IStart Finish lPredecessorsQ3.30 I
1 NTP(Schematic Phase) 1 day Wed 10/1/25 Wed 10/1/25
2 Surveying 4 emons Wed 10/1/25 Thu 1/29/26 1
3 Traffic Counts/Analysis 2 emons Wed 10/1/25 Sun 11/30/25 1 ~
4 Geotechnical Study 2.5 emons Wed 10/1/25 Mon 12/15/25 1
5 SUE 2 emons Fri 1/2/26 Tue 3/3/26 2FS-1 mon
6 Environmental Study 12 emons Wed 10/1/25 Sat 9/26/26 1
7 Initial Alignments 2 emons Tue 2/3/26 Sat 4/4/26 2,4,5FS-1 mon
8 Review of Initial Alignments by City 2 wks Mon 4/6/26 Fri 4/17/26 7
9 30%Schematic Development 2.5 emons Fri 4/17/26 Wed 7/1/26 8
10 30%Schematic Review by City 1 mon Thu 7/2/26 Wed 7/29/26 9
11 Utility Coordination 4 mons Thu 7/23/26 Wed 11/11/26 1OFS-1 wk
12 70%Schematic Development 2.5 mons Thu 7/30/26 Wed 10/7/26 10
13 70%Schematic Review by City 1 mon Thu 10/8/26 Wed 11/4/26 12
14 100%Schematic Development 1 emon Wed 11/4/26 Fri 12/4/26 13
15 100%Schematic Review by City 1 wk Mon 12/7/26 Fri 12/11/26 14
16 Public Involvement 1 mon Thu 10/22/26 Wed 11/18/26 13F5-2 wks
17 Final Schematic Submittals 2 wks Mon 12/14/26 Fri 12/25/26 6,15,16,11
18 NTP(PS&E) 1 day Mon 1/11/27 Mon 1/11/27 17FS+2 wks
19 ROW Acquisition(By City) 13 emons Fri 12/4/26 Wed 12/29/27 14
20 60%PS&E Development 4 emons Mon 1/11/27 Tue 5/11/27 18
21 60%PS&E Review by City 2 mons Wed 5/12/27 Tue 7/6/27 20
22 90%PS&E Development 3 emons Tue 7/6/27 Mon 10/4/27 21
23 90%PS&E Review by City 2 mons Tue 10/5/27 Mon 11/29/27 22
24 100%PS&E Development 2.5 emons Mon 11/29/27 Sat 2/12/28 23
25 100%PS&E Review by City 2 mons Mon 2/14/28 Fri 4/7/28 24
26 Submit W PAP to TCEQ/Obtain Permit 2 emons Mon 2/14/28 Fri 4/14/28 24F5+1 day
27 Final PS&E 1.1 emons Fri 4/7/28 Wed 5/10/28 25
28 Utility Relocations(By Others) 12 emons Wed 12/29/27 Sat 12/23/28 19
29 Bidding 5 ewks Wed 1/3/29 Wed 2/7/29 28FS+8 days,2
30 Council Award/Contracting 2 emons Wed 2/7/29 Sun 4/8/29 29
31 NTP(Construction) 1 day Mon 4/23/29 Mon 4/23/29 30FS+2 ewks
32 Construction Substantial Completion 15 emons Mon 4/23/29 Wed 7/17/30 31
33 Construction Final Completion 2 emons Wed 7/17/30 Sun 9/15/30 32
Project:Deep Wood Drive Extension
Project Limits:RM 620 to Sam Bass Rd.
Owner/Client:City of Round Rock
Consultant:Halff Associates,Inc.
Date Prepared:Nov 4,2025