R-12-11-08-H10 - 11/8/2012C
E
RESOLUTION NO. R-12-11-08-1110
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 wishes to enter into an Interlocal Agreement with
Williamson County regarding cost sharing related to the RM 620 Improvements 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 Between Williamson County and the City of Round Rock, Texas For Cost Sharing Related
to RM 620 Improvements Project, 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 8th day of November, 2012.
V n
ALAN-MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
FOR COST SHARING RELATED TO RM 620 IMPROVEMENTS PROJECT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
This Interlocal Agreement (the "Agreement") is made and entered into by and between
WILLIAMSON COUNTY (the "County") and the CITY OF ROUND ROCK, TEXAS (the
"City"), both of which are local governments and political subdivisions of the State of Texas,
and both of which may be referred to in this Agreement as a Party or the Parties.
WITNESSETH:
WHEREAS, the Texas Interlocal Cooperation Act, V.T.C.A., Government Code,
Chapter 791, Section 791.011(a) and Section 791.011(c)(2) provides that any one or more local
governments may contract with each other for the performance of governmental functions and
services that each party to the contract is authorized to perform individually; and
WHEREAS, the City and the County now desire to cooperate in cost sharing for the
funding of improvements to RM 620, now known as Round Rock Avenue, from Deepwood
Drive to the IH -35 South Frontage Road (the "Project'); and
WHEREAS, the total estimated cost of the entire Project, including engineering,
surveying, geotechnical, environmental, right-of-way acquisition, construction, and construction
testing, is estimated to be $21,000,000; and
WHEREAS, the County has committed to provide funding towards the Project in the
amount of $4,000,000;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
SECTION 1
DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth:
City — "City" shall mean the City of Round Rock, Texas. Any reference in this
Agreement to "City" shall include the respective officers, agents, employees and
departments of the City of Round Rock.
2. Construction — "Construction" shall mean the provision of all materials, equipment,
labor, surveying, testing, and inspection necessary to construct the Project according
to the plans and specifications approved by the City. Construction will be deemed to
have begun if a bid has been awarded by the City to a contractor for the Project.
EXHIBIT
„A»
3. County — "County" shall mean Williamson County, Texas. Any reference in this
Agreement to Williamson County shall include the respective officers, agents,
employees and departments of Williamson County.
4. Design — "Design" shall mean engineering services, surveying services, geotechnical
services, environmental services, and any other professional or technical services
required to produce bidding documents, plans, and specifications for the Project.
S. Project - "Project" shall mean the design and construction of a grade -separated
crossing of the RM 620/Union Pacific railroad; a grade -separated crossing of the
RM/620/ Lake Creek Drive intersection and associated access and safety
improvements. The limits of the Project are fiom Deepwood Drive to the IH -35 SB
fiontage Road. The Project may be constructed in phases, the first phase being fiom
Briarwood Street to IH -35 ("Phase V), and the second phase extending westward to
Deepwood Drive ("Phase IF).
6. Right -of -Way — "Right -of -Way" acquisition shall mean all engineering services,
surveying services, appraisal services, legal services, title company services, and any
other services required to acquire in fee simple the parcels of land necessary to
construct the Project.
SECTION 2
PURPOSE
The general purpose of this Agreement is for the County and the City to participate and
cooperate in cost sharing for funding improvements to RM 620, now known as Round Rock
Avenue, from Deepwood Drive to the IH -35 South Frontage Road, as described and delineated
on Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
SECTION 3
EFFECTIVE DATE; TERM OF AGREEMENT
This Agreement shall be deemed to be effective on the date of the last party's execution.
The term of this Agreement shall be for five (5) years fiom date of final execution. In the event
that the City has not awarded a construction contract for Phase I of the Project within five (5)
years from date of final execution of this Agreement, then this Agreement shall be declared
terminated and the City shall have the obligation to return to the County all funds tendered to it
under this Agreement. The Parties expressly acknowledge that, as of the date of signing this
Agreement, City has contracted with Halff & Associates to serve as the Environmental
Consultant on the Project.
SECTION 4
TERMS AND CONDITIONS
County Obligations. The County commits to funding FOUR MILLION DOLLARS
($4,000,000) for the Project. Within thirty (30) calendar days of the receipt of an environmental
approval from TxDOT, the County shall deposit $1,000,000 into a fund to be established and
administered by the City for the Project. Within thirty (30) calendar days after completion of
100% construction plans for Phase I, the County shall deposit an additional $1,000,000 into said
fund. Within thirty (30) calendar days after the award of a construction contract for Phase I, the
County shall deposit the final $2,000,000 into said fund. Such monies may be used at the City's
discretion to fund the design, right-of-way acquisition and/or construction of any portion of the
Project.
The Parties expressly acknowledge that the Project is not a joint venture between the City
and the County. The Parties further expressly acknowledge that it shall be the City's sole
responsibility, and not the liability of the County, to pay out all funds for Design, Right -of -Way
acquisition, and Construction costs and expenses related to the Project.
City Obligations. The City agrees to serve as Project Manager on its own behalf and on
behalf of the County for its contribution, and the City agrees to administer all aspects of Design
and Right -Of -Way acquisition for the Project, including but not limited to consultant selection
(with approval by City staff), preparation of construction plans, competitive bidding,
construction and inspection of the Project.
All professional services for the Project, including but not limited to the Engineering
Consultant, shall be procured in accordance with all applicable state laws.
The City agrees that the County or its duly authorized representatives shall have the right,
and related access, to examine and photocopy any and all books, documents, papers and records
of the City which are directly pertinent to the services to be performed under this Agreement for
the purposes of making audits, examinations, excerpts, and transcriptions. The City agrees that
the County shall have access during normal working hours to all necessary City facilities and
shall be provided adequate and appropriate work space in order to conduct audits in compliance
with the provisions of this section. The County shall give the City reasonable advance notice of
intended audits.
SECTION 5
MISCELLANEOUS PROVISIONS
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.
Governing Law. This Agreement will be governed by the Constitution and laws of the
State of Texas, and all obligations of the Parties shall be performable in Williamson County,
Texas, and exclusive jurisdiction and venue for any action arising hereunder shall lie in
Williamson County, Texas.
Successors and Assigns. The assignment of this Agreement by either Party is prohibited
without the prior written consent of the other Party.
.Headings. The captions and headings appearing in this Agreement are inserted merely to
facilitate reference and will have no bearing upon its interpretation.
Partial Invalidity. In the event that any provision of this Agreement is held by a court
of competent jurisdiction to be in contradiction of any laws of the State of Texas or of the United
States, the remainder of this Agreement, and the application of its terms, covenants, or conditions
to other persons or circumstances, will not be affected. The remainder of the Agreement shall
remain in full force and effect.
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.
Amendments. This Agreement may be amended or modified only by written agreement
duly authorized and executed by the duly authorized representatives of the Parties.
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.
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.
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.
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.
Entire Agreement. This Agreement, including any attached exhibits, constitutes the
entire agreement between the Parties with respect to the subject matter, and supersedes all their
oral and written negotiations, agreements and understandings of every kind. The Parties
understand, agree and declare that no promise, warranty, statement or representation of any kind
whatsoever which is not expressly stated in this Agreement has been made by any Party hereto or
its officers, employees or other agents to induce execution of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this document to be signed,
sealed and attested in duplicate by their duly authorized officers, as of the Effective Date.
(Rest of me let blank)
WILLIAMSON COUNTY
By:
Honorable Dan A. Gattis, County Judge
Date:
FOR COUNTY, ATTEST:
Nancy Rister, County Clerk
CITY OF ROUND ROCK, TEXAS
Alan McGraw, Mayor
Date:
FOR CITY, ATTEST:
Im
Sara L. White, City Clerk
FOR CITY, APPROVED AS TO FORM:
Lm
Stephan L. Sheets, City Attorney
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ROUND ROCK, TEXAS City Council Agenda Summary Sheet
PURPOSE PASSION. PROSPERITY.
Item No. H10.
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with
Agenda Caption: Williamson County for Cost Sharing related to the RM 620 Improvement Project.
Meeting Date: November 8, 2012
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
The RM 620/Round Rock Avenue Grade Separation project will construct a bridge over the Union Pacific Railroad.
Recently, Williamson County officials agreed to commit funding toward this project in the amount of $4.0 M. This
funding will be paid to the City incrementally, $1.0 M upon completion of the environmental documents, $1.0 M
upon completion of the plans, specifications and estimates, and $2.0 M upon award of a construction bid for the
project. If the City fails to award a bid for the construction of the project within five (5) years of final execution of
this agreement, the City will be responsible for repaying any funds received under the agreement back to the
County.
Cost: N/A
Source of Funds: N/A
Recommended Action: Approval
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INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
FOR COST SHARING RELATED TO RM 620 IMPROVEMENTS PROJECT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
This Interlocal Agreement (the "Agreement") is made and entered into by and between
WILLIAMSON COUNTY (the "County") and the CITY OF ROUND ROCK, TEXAS (the
"City"), both of which are local governments and political subdivisions of the State of Texas,
and both of which may be referred to in this Agreement as a Party or the Parties.
WITNESSETH:
WHEREAS, the Texas Interlocal Cooperation Act, V.T.C.A., Government Code,
Chapter 791, Section 791.011(a) and Section 791.011(c)(2) provides that any one or more local
governments may contract with each other for the performance of governmental functions and
services that each party to the contract is authorized to perform individually; and
WHEREAS, the City and the County now desire to cooperate in cost sharing for the
funding of improvements to RM 620, now known as Round Rock Avenue, from Deepwood
Drive to the IH -35 South Frontage Road (the "Project"); and
WHEREAS, the total estimated cost of the entire Project, including engineering,
surveying, geotechnical, environmental, right-of-way acquisition, construction, and construction
testing, is estimated to be $21,000,000; and
WHEREAS, the County has committed to provide funding towards the Project in the
amount of $4,000,000;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
SECTION 1
DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth:
1. City — "City" shall mean the City of Round Rock, Texas. Any reference in this
Agreement to "City" shall include the respective officers, agents, employees and
departments of the City of Round Rock,
2. Construction — "Construction" shall mean the provision of all materials, equipment,
labor, surveying, testing, and inspection necessary to construct the Project according
to the plans and specifications approved by the City. Construction will be deemed to
have begun if a bid has been awarded by the City to a contractor for the Project.
3. County — "County" shall mean Williamson County, Texas. Any reference in this
Agreement to Williamson County shall include the respective officers, agents,
employees and departments of Williamson County.
4. Design -- "Design" shall mean engineering services, surveying services, geotechnical
services, environmental services, and any other professional or technical services
required to produce bidding documents, plans, and specifications for the Project.
5. Project - "Project" shall mean the design and construction of a grade -separated
crossing of the RM 620/Union Pacific railroad, a grade -separated crossing of the
RM/620/ Lake Creek Drive intersection and associated access and safety
improvements. The limits of the Project are from Deepwood Drive to the IH -35 SB
frontage Road. The Project may be constructed in phases, the first phase being from
Briarwood Street to IH -35 ("Phase I"), and the second phase extending westward to
Deepwood Drive ("Phase II").
6. Right -of -Way — "Right -of -Way" acquisition shall mean all engineering services,
surveying services, appraisal services, legal services, title company services, and any
other services required to acquire in fee simple the parcels of land necessary to
construct the Project.
SECTION 2
PURPOSE
The general purpose of this Agreement is for the County and the City to participate and
cooperate in cost sharing for funding improvements to RM 620, now known as Round Rock
Avenue, from Deepwood Drive to the IH -35 South Frontage Road, as described and delineated
on Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
SECTION 3
EFFECTIVE DATE; TERM OF AGREEMENT
This Agreement shall be deemed to be effective on the date of the last party's execution.
The term of this Agreement shall be for five (5) years from date of final execution. In the event
that the City has not awarded a construction contract for Phase I of the Project within five (5)
years from date of final execution of this Agreement, then this Agreement shall be declared
terminated and the City shall have the obligation to return to the County all funds tendered to it
under this Agreement. The Parties expressly acknowledge that, as of the date of signing this
Agreement, City has contracted with Halff & Associates to serve as the Environmental
Consultant on the Project.
SECTION 4
TERMS AND CONDITIONS
County Obligations. The County commits to funding FOUR MILLION DOLLARS
($4,000,000) for the Project. Within thirty (30) calendar days of the receipt of an environmental
approval from TxDOT, the County shall deposit $1,000,000 into a fund to be established and
administered by the City for the Project. Within thirty (30) calendar days after completion of
100% construction plans for Phase I, the County shall deposit an additional $1,000,000 into said
fund. Within thirty (30) calendar days after the award of a construction contract for Phase 1, the
County shall deposit the final $2,000,000 into said fund. Such monies may be used at the City's
discretion to fund the design, right-of-way acquisition and/or construction of any portion of the
Project.
The Parties expressly acknowledge that the Project is not a joint venture between the City
and the County. The Parties further expressly acknowledge that it shall be the City's sole
responsibility, and not the liability of the County, to pay out all funds for Design, Right -of -Way
acquisition, and Construction costs and expenses related to the Project.
City Obligations. The City agrees to serve as Project Manager on its own behalf and on
behalf of the County for its contribution, and the City agrees to administer all aspects of Design
and Right -Of -Way acquisition for the Project, including but not limited to consultant selection
(with approval by City staff), preparation of construction plans, competitive bidding,
construction and inspection of the Project.
All professional services for the Project, including but not limited to the Engineering
Consultant, shall be procured in accordance with all applicable state laws.
The City agrees that the County or its duly authorized representatives shall have the right,
and related access, to examine and photocopy any and all books, documents, papers and records
of the City which are directly pertinent to the services to be performed under this Agreement for
the purposes of making audits, examinations, excerpts, and transcriptions. The City agrees that
the County shall have access during normal working hours to all necessary City facilities and
shall be provided adequate and appropriate work space in order to conduct audits in compliance
with the provisions of this section. The County shall give the City reasonable advance notice of
intended audits.
SECTION 5
MISCELLANEOUS PROVISIONS
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.
Governing Law. This Agreement will be governed by the Constitution and laws of the
State of Texas, and all obligations of the Parties shall be performable in Williamson County,
Texas, and exclusive jurisdiction and venue for any action arising hereunder shall lie in
Williamson County, Texas.
Successors and Assigns. The assignment of this Agreement by either Party is prohibited
without the prior written consent of the other Party.
Headings. The captions and headings appearing in this Agreement are inserted merely to
facilitate reference and will have no bearing upon its interpretation.
Partial Invalidity. In the event that any provision of this Agreement is held by a court
of competent jurisdiction to be in contradiction of any laws of the State of Texas or of the United
States, the remainder of this Agreement, and the application of its terms, covenants, or conditions
to other persons or circumstances, will not be affected. The remainder of the Agreement shall
remain in full force and effect.
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.
Amendments. This Agreement may be amended or modified only by written agreement
duly authorized and executed by the duly authorized representatives of the Parties.
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.
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.
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.
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.
Entire Agreement. This Agreement, including any attached exhibits, constitutes the
entire agreement between the Parties with respect to the subject matter, and supersedes all their
oral and written negotiations, agreements and understandings of every kind. The Parties
understand, agree and declare that no promise, warranty, statement or representation of any kind
whatsoever which is not expressly stated in this Agreement has been made by any Party hereto or
its officers, employees or other agents to induce execution of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this document to be signed,
sealed and attested in duplicate by their duly authorized officers, as of the Effective Date.
(Rest ofpage let blankk
WILLIA N COUNTY
By:
Honorable Dan A. Gattis, County Judge
Date:
FOR COUNTY, ATTEST:
By: v, "
Nancy Rist , County Clerk
CITY OF ROUND ROCK, TEXAS
M.
Date:
FOR CITY, ATTEST:
By:
t1�lu� Sp nKs, A%A
FOR CITY, VVROVED A TO FORM:
By: -I ..L
Stepha L. Sheets, City Attorney
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