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Contract - City of Georgetown - 10/22/2015 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § INTERLOCAL AGREEMENT BETWEEN CITY OF ROUND ROCK AND CITY OF GEORGETOWN REGARDING RELOCATION OF CONCRETE POWER POLE This Interlocal Agreement ("Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ('Round Rock"), a home rule municipal corporation of the State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule municipal corporation of the State of Texas. Round Rock and Georgetown are sometimes individually referred to herein as a "Party" and collectively as "the Parties". WHEREAS, the Texas Interlocal Corporation Act allows local governments to contract with one another to perform governmental functions and services; and WHEREAS, Round Rock and Georgetown mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically Sections 791.011 and 791.028 regarding contracts to perform governmental functions and services; and WHEREAS, the Parties each desire to cooperate in the relocation of a concrete power pole and related overhead and underground electric lines belonging to Georgetown located at the intersection of University Blvd. and Oakmont Blvd. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. Power Pole Location. Round Rock is in the process of widening University Avenue, which will require the relocation of a concrete power pole and related overhead and underground electric lines owned by Georgetown. The current location and proposed relocation of said pole and related overhead and underground electric lines are shown on Exhibit "A", attached hereto and incorporated herein. The existing concrete power pole will be removed to a point not to exceed 12" below current grade line. 2. Underground Relocation. Round Rock agrees to designate the new location for Georgetown's underground electric primary cables as an assignment within the proposed street ROW along University Boulevard. This assignment is within the existing P.U.E., overlaid by new street ROW, to place new cables as shown on Interlocal Agreement—Georgetown and Round Rock Relocation of Concrete Power Pole Exhibit "A". Further this assignment will be recognized by Round Rock or other parties of interest as an assigned area in which any relocation of underground cables will be reimbursed by requestor at 100% of the relocation cost. 3. Georgetown Reimbursement. Round Rock agrees to remit to Georgetown as invoiced an initial payment of $157,500, 75% of the total estimated job amount of $210,000 within 30 days after the approval of this Agreement. This initial remittance is to pay Georgetown all cost related to the relocation for the engineering, procurement of materials and labor installments for the relocation of the power pole and related overhead and underground electric lines to the location shown on Exhibit "A". Georgetown will send a supplemental invoice to Round Rock for the remaining actual charges within 60 days of the completion of all relocation work. Remittance of the final supplemental invoice is expected within 30 days of receipt. 4. Georgetown Obligation. Georgetown agrees to commence the re-location of the concrete power pole and related overhead and underground electric lines as soon as feasible after receipt of the initial remittance. Georgetown will coordinate with the Round Rock prior to commencing said re-location. If the re-location costs are less than the initial invoiced amount of $157,500, Georgetown agrees to remit to Round Rock the remaining sum after completion of the re-location. 5. No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between the Parties. 6. No Waiver of Defenses. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. 7. Amendment. This Agreement may be amended only by the mutual written consent of the Parties. 8. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Williamson County. 9. Notices. All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended 2 recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the Party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such Party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender and followed by a notice sent in accordance with one of the other provisions set forth above. For purposes of this Section, the addresses of the Parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock City of Georgetown Attn: City Manager Attn: City Manager 221 East Main Street P.O. Box 409 or 113 E. 8th Street Round Rock, Texas 78664 Georgetown, Texas 78627-0409 Phone: (512) 218-5565 Phone: (512) 930-3723 Fax: (512) 218-7041 Fax: (512) 930-3622 10.Force Majeure. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event or default or a breach of this Agreement to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default, including but not limited to Acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosions, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. 11.Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. 12.Approval. This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. 3 13.Assignment. Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. 14.Non-Appropriation and Fiscal Funding. The obligation of the Parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which subject Party is obligated to levy, pledge, or collect any form of taxation and such obligations may be terminated at the end of the Party's fiscal year if the governing body of such Party does not appropriate sufficient funds to continue the projects provided under this Agreement. 15.Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 16.Dispute Resolution. If a dispute arises under this Agreement, the Parties agree to first try and resolve the dispute by referring same to the City Managers of Round Rock and Georgetown. Round Rock and Georgetown hereby expressly agree that no claims or disputes between the Parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding. 17.Severability. The Parties agree that in the event any provision of this Agreement is declared invalid by a court or competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The reminder of the Agreement shall be in full force and effect. 18.Open Meetings. The Parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551). 19.Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. 20.Effective Date. This Agreement is made to be effective on the latest date accompanying the signature lines below. 4 APPROVED by the City Council lf�o,r the City of Round Rock, Texas, in its meeting held on '?2-�day of the month of &y( LaO' , 2015 and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Round Rock, Texas ATTEST: 5md�I,- - (A(WE Sara L. White, City Sesr@taxjC-"Z-- APPRO E AS TO FOR Stephan L. heets, Sheets & Crossfield, P.C. City Attorney for City of Round Rock APPROVED b the City Council for the City of Georgetown, Texas, in its meeting held on Zs,- day ofd s month, 2015 and executed by its authorized representative. CITY OF GEORGETOWN, TEXAS By: Dale Ross, Mayor Georgetown, Texas EST: Lca7Brettle, C y Secretary ST FORM: Bridget Chapm n City Attorney for Ci y of Georgetown 5 _ _ \ DUL DEA END CIRC IT �� E.I F 2745 --_ _ ✓� �.�' v , 18182 C60 78' \ \ EOEND ABC SOLID �' ` `•,\ 'e,r,. Rm.a.aa a•K.u..•. , yy (RISER POLE) 29471-77369 (2) FVC7 75" GUC1-4/0 1520 6p05829 �� "���J;1lS R P,OL• ` 9 PVI-12 3927 LOAD 1 o�q��j a �...�:• �.i INTERCEPT EXISTING CONDUITS �. O KEY NOTES U`A � = c'..,.`•`. n IGDEC X1,1 •mai �� 15PU�FeD l ry cE;;NI GPg. NCEa,om . av N'G".Rl .>u, • ✓^- PER �1�a NOVMSI.I•DI :'ru�5o�aE� N.uM.Noll 9 �I EEa'oPaKi E.. 1.u.uu aw°D, ENc�r�e APPROVED En.NE ucuMu mDl FOR CONSTRUCTION /' '� \ ONcuxdiwDl CITY OF GEORGETOWN uMsxa•rn a.RRINENIVER HITT DOOLEV• RD-ENING'' i•� \\ P U• C�\O TOaKMO TDRIVE 1 J TAG TORELOOUND CCORO aN0 °R 15 PB F 1 me urvDEKCRouaoncco.olNCFv. NcCORD ENCINEERlNC,INC. PER - .1.17S, T.,d 7a,o