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R-92-1704 - 3/12/1992RESOLUTION NO. 1 WHEREAS, Williamson County has equipment and personnel available to, from time to time, assist the City in certain road and drainage projects, and WHEREAS, Williamson County and the City have determined that it would be economical and efficient and in the best interest of both governmental entities for the County,to assist the City in certain projects and for the City to reimburse the County for costs incurred, and WHEREAS, a Interlocal Agreement has been prepared providing for said cooperation, 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 a Interlocal Agreement with Williamson County, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of March, 1992. ATTEST: RS03122A LAND, City Secretary 2ia „IL MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON WITNESTH INTERLOCAL AGREEMENT This Agreement is made and entered into by WILLIAMSON COUNTY, TEXAS, a political subdivision of the State of Texas with its offices located at the County Courthouse, Georgetown, Texas, hereinafter referred to as the "County ", and the City of Round Rock, Texas, a political subdivision of the State of Texas having its offices located at 221 East Main Street, Round Rock, Texas, hereinafter referred to as the "City ", each acting by and through its duly elected officials: WITNESSETH: WHEREAS, the County is desirous of cooperating with the City on the improvement, maintenance or construction of various road and drainage projects within the city limits of Round Rock; and WHEREAS, the City has determined that it would be in the best interest of the City for the County to cooperate with the City to improve, maintain or construct various road and drainage projects within the city limits and for the City to reimburse the County for the costs of performing the above - described work; and NOW THEREFORE, it is mutually agreed as follows: 1 . TERM OF AGREEMENT The term of the agreement shall commence on the date both parties have signed the agreement and shall continue in full force and effect until the 30th day of September, 1992, unless earlier terminated by thirty x (30) days written notice from either party to the other; provided that this agreement will be automatically renewed for successive one year terms until either party terminates same by thirty (30) days written notice to the other at any time. II. SERVICES TO BE PERFORMED This agreement shall govern the improvement, repair, maintenance, construction or any other work which the County is able to provide for road and drainage projects located within the city limits of Round Rock, Texas. III. COUNTY REPRESENTATIVE The Commissioner's Court of Williamson County hereby designates the Commissioner of the precinct in which the requested services are to be performed to serve as the representative and agent for the County. Iv. CITY REPRESENTATIVE The City Manager is hereby designated as the agent and representative of the City. The designated representative shall be authorized to request performance of service as set forth in this agreement if the total dollar amount of the requested work is $5,000.00 or less. Any request made by the designated agent in accordance with this agreement shall bind the City as fully as if such request had been made by specific action of a voting majority of the City Council of Round Rock. V. REQUESTS FOR SERVICE The City's agent may request the County to perform the work as described in this agreement on any projects located within the city 2. limits where the cost of the requested work is $5,000.00 or less. Said request shall be made in writing and shall specify in detail the nature of the service requested, the extent of the service requested, and the time within which the City desires the service requested to be commenced and to be completed. VI. AGREEMENT TO PERFORM SERVICE Upon receipt of a request for service in conformance with Paragraph V hereof, the County shall promptly inform the City's designated representative whether the County will perform the requested service. service, the agent If the County's agent agrees to perform setting forth in detail the nature of the extent of the service requested, and the services are to be commenced and to be completed. 3. time the shall cause to be prepared a written work order service requested, the within which the The County shall not be obligated to perform any service under this agreement unless and until the written work order described in this paragraph has been signed by the City's agent. However, the performance of any service requested pursuant to this agreement prior to or without the signing of a written work order shall not relieve the City of the obligation to pay for said service as provided in this agreement. The terms of a written work order signed by the City's agent shall control over any oral or prior written request for service. VII. PERFORMANCE OF SERVICE Upon execution of a written work order prepared by the County's agent, as described in Paragraph VI hereof, the County shall perform the service set forth in such work order. Such service shall be performed to the same standard and using the same quality of materials as is performed on County projects of similar size, use, and construction. The County shall furnish all personnel, equipment, and materials necessary to perform the services set forth in each work order, except when otherwise provided herein. VIII. NO WARRANTIES NEITHER THE AGREEMENT TO PERFORM NOR THE PERFORMANCE OF ANY SERVICE, PURSUANT TO THIS CONTRACT OR ANY WRITTEN WORK ORDER PROVIDED FOR IN THIS CONTRACT SHALL CREATE OR CONSTITUTE ANY WARRANTY THAT SUCH WORK IS•PERFORMED IN A GOOD AND WORKMANLIKE MANNER, THAT SUCH WORK IS FIT FOR ITS INTENDED PURPOSE, OR ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. IX. COMPENSATION For the services herein agreed to be performed, the City shall pay the County the actual cost to the County for all personnel employed in the performance of the maintenance or repair and all materials incorporated into the maintenance or repair. The actual cost of personnel for each person performing services under this contract shall be the actual hourly wage paid by the County to each employee plus all "fringe benefits" ordinarily paid by the County to such person at the time the work is performed, including but not limited to insurance and retirement, on the day of performance, multiplied by the number of hours elapsing from the time an employee is dispatched to the job site hereunder until his return to his customary job station or other work site, provided, however, that any fractional portion of an hour during the time elapsed shall be counted 4. as a full hour for purposes of calculating the time elapsed and provided further that in no event shall the calculation of time elapsed include any period of time during which or for which the County is not obligated to pay the employee. The actual cost of materials shall be the price per unit of materials set forth in the most recent contract of the County for the acquisition of such materials, multiplied by the total units of material or measurable fractional portions thereof actually incorporated into or expanded during the performance of services pursuant to this agreement. The hourly rates for operation of equipment is set forth on Exhibit "A ", attached hereto and incorporated by reference. The City shall pay County at the hourly rates for each hour of operation of the equipment shown in Exhibit "A" in the performance of services pursuant to this agreement; provided, however, that any fractional portion of an hour of operation shall be treated as a full hour for purposes of calculating the charge for equipment. Upon the completion of the service detailed in each work order, the County will send to the City a statement showing the amount of compensation due it for service performance pursuant to such work order. The amount of compensation on each statement shall be due in full within ten (10) days after the date of the statement. X . INDEMNITY The County shall not be liable or responsible for and shall be saved and held harmless by the City, and the City agrees to indemnify the County, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and 5. liability of every kind, including all expenses of litigation, court costs and attorneys fees, for injury to or death of any person, or for damage to any property arising out of or in connection with the work performed under this agreement. Such indemnity shall apply where the claims, losses, damages, causes of action arise in whole or in part from the negligence of the County. XI. NO OBLIGATION Nothing herein shall be construed to require the County to accept a request from the City to perform service. The County is free, at its option, to contract with any third party for all or part of the services outlined in this agreement. The County is also free, at its option, to accept or reject any request to perform services hereunder, provided, however, that upon execution by the City's agent of a work order prepared by the County's agent, the County shall be obligated to perform the work detailed in such work order and shall not be excused from the performance of such work without the written agreement of the City's agent excusing the work order, except as otherwise provided herein, or as provided by law. %II. FORCE MAJEURE In the event that the performance by the County of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a party or privy hereto, then it shall be excused from such performance for such period of time as is reasonably 6. necessary after such occurrence to remedy the effects thereof. XIII. VENUE AND CHOICE OF LAW The obligations and undertakings of each of the parties to this agreement have been entered into in Williamson County, Texas, and venue shall lie there. This agreement shall be governed by and construed in accordance with the law of the State of Texas. XIV. ENTIRETY OF AGREEMENT AND MODIFICATION This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any prior agreements, promises, negotiations, or representations not expressly set forth in this agreement are of no force or effect. Any oral representations or modifications concerning this agreement shall be of no force or effect, excepting a subsequent modification in writing signed by the party to be charged and expressly authorized by the governing body of such party. No official, representative, employee, or agent of the the County has any authority to modify or amend this contract except pursuant to specific authority to do so granted by the Commissioners Court of Williamson County. xv. NON - ASSIGNMENT OF RIGHTS No assignment of this agreement or of any right accruing hereunder shall be made in whole or in part by the City without the prior written consent of the County. 7. XVI. SUCCESSORS AND ASSIGNS This agreement shall be binding upon and inure to the benefit of the successors, successors in office, and assigns of the respective parties hereto. xvII. NOTICE Any notice to be given hereunder by either party to the other shall be in writing and may be effected by personal delivery in writing or registered or certified mail, return receipt requested when mailed to the proper party, at the following addresses: WILLIAMSON COUNTY: THE CITY OF ROUND ROCK: County Judge, Williamson County Honorable John C. Doerfler (or his successor in office) Williamson County Courthouse - 2nd Floor Georgetown, Texas 78626 City Manager Bob Bennett 221 East Main Round Rock, Texas 78664 Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this paragraph. %vim COMPUTATION OF TIME When any period of time is referred to in this agreement or in any work order prepared and executed hereunder, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday, Sunday, or a day made a legal holiday by the County or the City, such day shall be omitted from the computation. 8. XIX. HEADINGS The headings at the beginning of the various provisions of this agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this agreement. XX. NUMBER AND GENDER DEFINED As used in this agreement, whenever the context so indicates, the masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the others. (y DATED THIS a day of :Q1(111/ , 19 92, ATTEST: AO By: ditiOLId ' ftidL///. Jnne Land City Secretary 9. WILLIAMSON COUNTY By: By: ypin,. C. J n C. Doerfler Wi 1iamson Count Judge CITY OF ROUND ROCK Mike Robinson, Mayor HOURLY RATE SIZE EOUIP. ONLY PROPOSED EQUIPMENT RENTAL RATES FOR ROAD MAINTENANCE TYPE OF EOUIPMENT EXHIBIT EXHIBIT "A" MOTOR GRADERS CLASS I $17.54 CLASS II $29.47 CLASS III $30.51 CLASS IV $34.06 COMPACTION - ROLLERS 6 -9 TONS $ 5.61 9 -12 TONS $14.72 15 -25 TONS $35.98 LOADERS 1.5 - 2 YD $24.78 2 YD $34.31 2.5 -3 YD $46.85 3 YD $47.03 BACKHOE 65 H.P. $18.97 DOZERS TO 100 H.P. $14.06 105 -130 H.P. $32.90 135 -200 H.P. $45.90 EXCAVATORS 5/8 BUCKET $25.03 7/8 BUCKET $46.34 PAVERS 8 FT SCREEN $13.36 ASPHALT DISTRIBUTOR 1750 GALLON $14.72 STABILIZER 300+ H.P. $293.89 HYDRAULIC CRANE WITH TRUCK $40.34 PAVEMENT BROOM $12.21 TRACTOR INDUSTRIAL $6.56 WATER TANKERS W /TRK 1,500 GALLONS $16.27 2,500 GALLONS $15.47 CHIP SPREADER 14 FT 140 H.P. $42.45 SAND SPREADER PTO DUMP BODY $6.15 PICKUP TRUCKS /JEEP 4x2 1/2 TON (GAS) $5.78 4x2 3/4 TON (GAS) $6.44 4x2 1 TON (GAS) $7.60 4x2 3/4 TON (DIESEL) $4.83 4x2 1 TON (DIESEL) $5.55 4x4 JEEP (GAS) $6.17 HOURLY RATE TYPE OF EOUIPMENT SIZE EOUIP. ONLY MOWERS - PTO POWERED BRUSH CHIPPER (GAS) STRIPERS SMALL TOOLS TRUCKS TRAILERS ROTARY (SIDED MOUNTED) TOWED 6.5 FT 55 H.P. BAR CUTTER (SIDE MOUNTED) 6 FT 161 H.P. 8 INCH $16.61 WALK BEHIND 1 LINE 6 H.P. SELF PROPELLED - 3 LINE 120 GALLON 50 H.P. $1.34 HAUL GVW 50,000 FLAT BED GVW 24,000 6 C.Y. 4x2 12 C.Y. 6x4 $9.10 $1.37 $3.31 $25.97 PORTABLE AUGER $0.66 PORTABLE TAMPER $2.08 $26.80 $10.98 $14.24 $28.14 2 AXLE GOOSENECK $4.69 2 AXLE TOW 3 TON $1.34 3 AXLE TOW 9 TON $2.17 2 AXLE TOW 6 TON $2.30 2 AXLE FOLDING GOOSENECK 40 TON $10.92 3 AXLE FOLDING GOOSENECK 60 TON $16.52 WATER 12,000 GALLON $25.54 BOTTOM DUMP 20 C.Y. $17.46 Source: Blue Book Rental Rates, compiled by Dataquest Inc. 1989. NOTE: Equipment not listed above shall be agreed upon by both parties prior to project start -up. Hourly rate for this equipment will be determined at that time. 2. DATE: March 10, 1992 SUBJECT: City Council Meeting, March 12, 1992 ITEM: 9.A. Consider a resolution authorizing the Mayor to enter into a Inter -local Governmental Agreement with Williamson County. STAFF RESOURCE PERSONS: Steve Sheets /Jim Nuse /Sharon Prete STAFF RECOMMENDATION: The attached blanket inter -local agreement will allow cooperation between the City and Williamson County relative to road and drainage projects.