Contract - Williamson County - 4/28/2016INTERLOCAL 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
day of 2016, 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 partner with the County to fund Engineering and
Surveying Services necessary to analyze current hydrologic and hydraulic conditions, to
develop design alternatives for increasing capacity, and to prepare construction drawings
for improvements to the storm system (the "System") that exists in the vicinity of the
common boundary between Greenfield and Oak Bluff Estates Subdivisions, as shown on
Exhibit "A", attached hereto;
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. Enaineerina and Surveyinll Services.
1.1 Project. The scope of engineering and surveying services contemplated for
fiinding under this Agreement (the "Project") include the following:
1.1.1 Development of a hydrologic model for the drainage basin
contributing to the System. Model results shall be generated for
the 10%, 4%, 2%, and 1% annual chance storm events and model
calibration shall be performed based on historical data available
from the storm events occurring in October 2013 and May 2015.
1.1.2 Development of a 2-dimensional hydraulic model for existing
conditions in the vicinity of the System; and for proposed
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conditions in the vicinity of the System based on alternative
improvement scenarios set forth in section 1.1.3, below. Model
results shall be generated for the 10%, 4%, 2%, and 1% annual
chance storm events and model calibration shall be performed
based on historical data available from the storm events occurring
in October 2013 and May 2015.
1.1.3 Development of design alternatives consisting of conduits, inlets,
open chamlels, or combinations thereof necessary to increase the
capacity of the System to levels that would be sufficient to convey
storm water generated by the aforementioned drainage basin for
the 4%, 2%, and 1% annual chance events considering tailwaters
on Brushy Creek that are based on hydrograph timing of the creek
corresponding to the time of peak of the drainage basin or
otherwise on proper engineering judgment. And, identification of
measures that could be implemented to prevent storm water in
Brushy Creek from backing up into the System when the creek
level is above the outlet of the System.
1.1.4 Determination of easement requirements; and development of
opinions of probable cost for various design alternatives.
1.1.5 Surveying necessary to delineate existing property/easement
boundaries; existing utilities, improvements, and topographic
conditions; and as required for existing/proposed system analyses
and improvements design.
1.1.6 Preparation of an engineering report and exhibits to document and
explain methodology, modeling, results, etc. for the engineering
and surveying work in items 1.1.1 through 1.1.5, above.
1.1.7 Design and construction drawing preparation for the alternatives or
portions thereof selected by the City and the County ("Design and
Construction Drawing Work"); preparation shall include 50%,
100%, and final construction drawings submittals.
1.2 Total Cost. The Total Cost of the Project shall be the cost actually paid by
the City under the contract set forth in section 1.4.1. Costs associated with
City's or County's personnel, time, and equipment are not included in the
Total Cost.
1.3 Design Pre -approval. Upon completion of the Project work in items 1.1.1
through 1.1.6, above, representatives from the City and the County shall
meet and pre -approve in writing the scope of Project work to be performed
in item 1.1.7, above. If both parties fail to agree on the scope of Project
work described in item 1.1.7, only the Project work in items 1.1.1 through
1.1.6, will be subject to this Agreement.
1.4 Obligation of the City.
1.4.1 The City will contract with a private engineering firm
("Engineering Firm") to accomplish the Project and will be solely
responsible for administering said contract.
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1.4.2 The City shall be responsible for one half of the Total Cost. If the
Total Cost exceeds $80,000, the City shall be responsible for the
amount in excess of $80,000. The County shall have full access to
all reports, calculations, files, and exhibits in both electronic and
paper copy.
1.4.3 The City shall provide copies of any results, records, and/or
deliverables in its possession associated with the contract in
section 1.4.1, above, within five (5) business days of request by the
County.
1.4.4 Costs associated with City personnel, time, and equipment shall be
borne solely by the City.
1.4.5 Upon City's approval of a contract with the Engineering Firm, the
City shall request reimbursement from the County for its share of
the Total Cost. The City will not seek reimbursement or payment
for any costs or expenses other than costs included in the Total
Cost. Upon request of the County, the City agrees to make
available documentation in reasonable detail evidencing all costs
for which reimbursement is sought.
1.4.6 The City agrees that the funds provided pursuant to this Agreement
are to be utilized solely for the Total Cost. The City agrees to make
available to the County any and all documentation required by the
County to verify that said sum has been utilized solely for the
Project.
1.4.7 If the Design and Construction Drawing Work is performed
pursuant to section 1.3, above, the City will provide the County
with a copy of the 50% construction drawing submittal for review
and comment. Subsequent to proceeding beyond 50%, the City
will provide the County a copy of the 100% construction drawing
submittal for review and comment.
1.5 Obligation of the County.
1.5.1 The County shall be responsible for one half of the Total Cost, but
in no event more than $40,000.
1.5.2 The County shall reimburse to the City an amount equal to one half
of the Total Cost after the City has approved a contract with the
Engineering Firm.
1.5.3 Upon request by the City in accordance with section 1.4.5, above,
County shall make a good faith effort to pay the amount which is
due and payable within thirty (30) days of the request. Payment
not mailed within 30 calendar days of receipt of the City's request
by the County Auditor will accrue interest at the rate set forth in
Government Code Section 2251.025(b).
1.5.4 The County shall provide results, records, and/or deliverables in its
possession associated with any work performed related to the
Project, within five (5) business days of request by the City. The
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City shall have full access to all reports, calculations, files, and
exhibits in both electronic and paper copy.
1.5.5 Costs associated with County personnel, time, and equipment shall
be borne solely by the County.
1.5.6 The County will provide to City any comments on the 50% and
100% drawings, submitted in accordance with section 1.4.7, within
ten (10) business days of receipt.
C
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.
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.
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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 City does not,
pursuant to section 1.4.1 above, contract with a private engineering firm, within
three (3) months 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.
WILLIA , SON COUNTY ~
-I s, County Judge— C n rr) rn 1'5 a i 'C r) -e r -
L r' -k. L • r G �Tl r1
Date: -6-- 0 /
CITY OF ROUND ROCK, TEXAS
By: Cs `•�1
Date: � [,(,=,
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