Contract - Williamson County - 6/26/2014 INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement (the "Agreement") is entered into as of this 2-o '
day of /1/41/1-€-) , 2014, by and between Williamson County, a
political subdivision of the state of Texas (the "County") and the City of Round Rock, a
Texas home-rule municipality (the "City") (collectively, the "Parties").
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas
Interlocal Cooperation Act, provides that any one or more local governments 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; and
WHEREAS, the City desires to widen University Boulevard from IH-35 to
Sunrise Road (the "Project", as shown on Exhibit "A", attached hereto).
WHEREAS, the County desires to co-operate with the City by sharing in some of
the design and construction costs for the Project'
Now therefore, in consideration of the mutual covenants and agreements herein
contained, the City and the County agree as follows:
A.
TERMS AND CONDITIONS
1. Project Improvement.
1.1 The Road Improvements. The improvements to University Boulevard from
IH-35 to Sunrise Road shall consist of all of the items listed in Exhibit "B",
attached hereto and incorporated herein (the "Road Improvements"). The Road
Improvements shall also include all engineering, legal, financing, or other
expenses incident to the improvement of the Project.
1.2 Obligation of the City. The City shall be responsible for the planning,
design, right-of-way acquisition, utility relocation and construction of all Road
Improvements, as well as all other costs related to the Project. The City shall
R-2014-1548
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complete construction of the Project within five (5) years from the date of
execution of this Agreement.
1.3 Obligation of the County. The County shall pay to the City the
following sums: $2,500,000 after the City and the County have executed this
Agreement and $2,500,000 after the City has acquired or otherwise received
possession of all of the necessary right-of-way and easements needed for the
roadway expansion, which for the purposes of this Agreement may include rights-
of-entry or possession and use agreement(s) for the aforementioned right-of-way
parcels.
B.
MISCELLANEOUS PROVISIONS
1. Execution. This Agreement may be simultaneously executed in any number of
counterparts, each of which will serve as an original and will constitute one and
the same instrument.
2. Governing Law. This Agreement will be governed by the Constitution and laws
of the State of Texas.
3. Successors and Assigns. The assignment of this Agreement by either Party is
prohibited without the prior written consent of the other Party.
4. Headings. The captions and headings appearing in this Agreement are inserted
merely to facilitate reference and will have no bearing upon its interpretation.
5. Partial Invalidity. If any of the terms, covenants or conditions of this
Agreement, or the application of any term, covenant, or condition, is held invalid
as to any person or circumstance by any court with jurisdiction, the remainder of
this Agreement, and the application of its terms, covenants, or conditions to other
persons or circumstances, will not be affected.
6. Waiver. Any waiver by any party of its rights with respect to a default or
requirement under this Agreement will not be deemed a waiver of any subsequent
default or other matter.
7. Amendments. This Agreement may be amended or modified only by written
agreement duly authorized and executed by the duly authorized representatives of
the Parties.
8. Cooperation. Each Party agrees to execute and deliver all such other and further
instruments and undertake such actions as are or may become necessary or
convenient to effectuate the purposes and intent of this Agreement.
2
9. Venue. All obligations of the Parties are performable in Williamson County,
Texas and venue for any action arising hereunder will be in Williamson County.
10. Third Party Beneficiaries. 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.
11. Representations. Unless otherwise expressly provided, the representations,
warranties, covenants, indemnities, and other agreements will be deemed to be
material and continuing, will not be merged, and will survive the termination or
expiration of this Agreement.
12. Exhibits. 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.
13. Entire Agreement. 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.
14. Term. This Agreement shall automatically terminate if the contract for the
Project has not been approved by the City within one (1) year after this
Agreement is executed by both parties.
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.
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WILLIAMSON COUNTY
3
BY: iPALA 47Li1
Hon.rab e Dan 'Gattis, County Judge
Date: 1
CITY OF ROUND ROCK, TEXAS
By: gni
Alan McGraw, Mayor
Date: ,6'7Z.-(4-
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Exhibit "B"
University Boulevard Widening Project
Work to be performed within the project:
1) Engineering design and related professional services (including Legal, Surveying,
Appraisals, etc.)
2) Right-of-way and easement acquisition,to include related professional services
3) Utility design and relocation, including agreements for relocation with third party
providers
4) Construction, including roadways, sidewalks, drainage, landscaping,utilities, and related
appurtenances.