Contract - Upper Brushy Creek WCID - 8/28/2014 it ri
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is by and between the City of Round
Rock, Texas ("City") and Upper Brushy Creek Water Control and Improvement District
C WC1D"). The purpose of this MOU is to outline the parties' mutual intent and understandings
with respect to certain flood mitigation projects within Robinson Land which affect properties
within the City. Accordingly, the parties set forth their intent and understanding as follows:
I. Recitals
A. Projects Description
The parties agree that there are certain flooding problems within the City limits, including
within the Greater Round Rock West neighborhood that may be alleviated with the
rehabilitation, reconstruction and/or construction of existing and new flood control facilities
within Robinson Land ("Projects').
B. Dam 9 Project
The first of these Projects is known as the Dam 9 Diversion Project ("Dam 9 Project").
The preliminary design of the Dam 9 Project includes the construction of a new dam (Dam 102),
reconfiguration of the existing Dam 9, and diversion facilities to re-direct water flow to the
existing Dam 9 inundation casement.
C. Dam 101 Project
The second of the Projects is known as the Dam 101 Project. The Dam 101 Project
involves the construction of a new dam and inundation easement capable of impeding the flow of
flood waters into the Lake Creek basin area.
Orale WCID CORR Lake Creek MOLL WC I D mmment58-I2-14
R-2014-1714
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D. North Quarry Project
The third of the Projects is known as the North Quarry Project (the "North Quarry
Project'). There are definite flooding issues in this area that need to be addressed, but the scope
of work for the North Quarry Project has yet to be defined. The initial phase of this project will
be to develop flood mitigation goals and determine the extent of easements and improvements
needed to achieve those goals.
II. Plans for the Projects
A. Design and Construction of the Dam 9 Pori
The WCID has begun preliminary efforts to design the Dam 9 Project. The WCID will be
responsible for completing the design of the Dam 9 Project, and shall also be responsible for
overseeing the construction of the Dam 9 Project. After construction is complete, the WCID will
own, operate and maintain the Dam 9 improvements, including Dam 102. The WCID agrees to
meet and confer with the City regarding all aspects of the design and construction of the Dam 9
Project. The general components of the preliminary design of the Dam 9 Project are as shown on
Exhibit "A", attached hereto.
B. Design and Construction of the Dam 101 Project
The City will be responsible for the design of the Dam 101 Project, and shall be
responsible for overseeing the construction of the Dam 101 Project.After the Dam 101 Project is
complete, the WCID will own, operate and maintain the Dam 101 improvements. The City
agrees to meet and confer with the WCID regarding all aspects of the design and construction of
the Dam 101 Project. The preliminary layout of the Dam 101 Project is shown on Exhibit "A",
attached hereto.
2.
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C. Design and Construction of the North Quarry Proiect
After initial coordination with the land owner and development of a project plan, the City
will be responsible for the design of the North Quarry Project and shall be responsible for
overseeing the construction of the North Quarry Project. After the North Quarry Project is
complete, the City will operate and maintain all drainage improvements. If the North Quarry
Project includes a regulatory dam, the City agrees to meet and confer with the WCID regarding
all aspects of the design and construction of the North Quarry Project, and the WCID will own,
operate and maintain the dam. The general location of the North Quarry Project is shown on
Exhibit"A", attached hereto.
D. Timing of Projects
The parties each acknowledge that it is in their best interests to design and construct the
Projects as soon as possible. The parties agree to cooperate with each other to achieve the
expeditious completion of the Projects.
E. Land Owner Coordination
The Parties agree that due to the synergistic nature of the Projects within Robinson Land
it would be best to discuss and negotiate all aspects of the Projects concurrently. Both WCID and
City of Round Rock shall be represented at all meetings with the land owner; however, it is
understood that for the convenience of the land owner the WCID General Manager will remain
the primary point of contact for the land owner for all projects.
F. Design Consultant
The WCID and the City will form a selection committee to select engineering
firm(s)/team(s) to perform design services for all of the projects referenced herein, and to
develop a phasing plan for the Projects.
3.
G. Environmental and Other Matters
The WCID agrees to be responsible for conducting preliminary environmental studies
that may affect all of the Projects. All Project reports will be available to be utilized by both
parties.
IT. Easements Acquisition
The WCID shall be responsible for facilitating all easement acquisitions from Robinson
Land needed for all of the Projects described herein.
I. Project Costs
The parties recognize that, at the present time, it is premature to accurately predict the
total costs of the Projects described herein. The parties further acknowledge that these Projects
cannot be completed without the financial contributions of the City and the WCID, and the Dam
101 Project cannot be completed without the additional financial contribution of Williamson
County. The parties agree that this MOU merely presents an outline of a course of action
regarding preliminary design and construction plans for the Projects. It is the interest of the
parties to enter into an Interlocal Agreement regarding all aspects of design, construction and
financing of the Projects at a later date.
The Parties agree to cooperate in providing all Project design plans and other necessary
documentation to Williamson County as soon as possible to enable the County to determine the
amount of financial assistance that may be available. As the City is the project lead organization
on the Dam 101 project, the City's shall coordinate efforts to formalize the County's
participation in the project.
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III.
Miscellaneous Provisions
A. Good Faith Neeotiations
The parties each understand and acknowledge that this MOU does not obligate either
party in any way. However, each party pledges to continue to negotiate in good faith to
accomplish the mutual goals and interests set forth herein.
B. Outline of Terms
The parties understand and acknowledge that the terms contained herein are only an
outline of the terms of the Interlocal Agreement contemplated herein and the final agreement will
contain terms and provisions, particularly relating to financial obligations that are not contained
herein.
Executed this—'day of 2014.
CITY qV.ROUND ROCK,TEXAS
By: Ulm
Alan McGraw, Mayor
UPPER BRUS Y CREEK WATER CONTROL
AND IM RO EME T DISTRICT
By: oL, -I
La Quick, retident
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WOMM