Contract - City of Pflugerville - 6/9/2016INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON AND § KNOW ALL BY THESE PRESENTS:
COUNTY OF TRAVIS §
THIS INTERLOCAL AGREEMENT is made and entered into by and between the City of
Pflugerville, a Texas home rule municipal corporation ("Pflugerville") acting by and through its
duly authorized City Manager, and the City of Round Rock, a Texas home rule municipal
corporation ("Round Rock") acting by and through its duly authorized Mayor.
RECITALS:
WHEREAS, SH 45 runs both eastbound and westbound within portions of the city limits
of Pflugerville and Round Rock; and
WHEREAS, there are currently no frontage roads for SH 45 in both the eastbound and
westbound directions between Heatherwilde Blvd. and Donnell Drive; and
WHEREAS, Pflugerville and Round Rock shared costs of a traffic study to project future
traffic volumes on said missing SH 45 frontage road links, and to determine the economic
viability of constructing said missing links; and
WHEREAS, TxDOT has reviewed the traffic study and determined that they are willing
to allow the frontage roads be built between Heatherwilde Blvd. and Donnell Drive by others;
and
WHEREAS, Pflugerville and Round Rock desire to share the costs associated with the
engineering and design of the frontage roads in compliance with TxDOT requirements;
NOW THEREFORE, in consideration of the foregoing premises and the mutual
promises and undertakings set forth below, Pflugerville and Round Rock hereby contract and
agree as follows:
ARTICLE ONE
PURPOSE
1.01 Both parties agree that the purpose of this Interlocal Agreement is to engineer and design
frontage roads along SH 45 between Heatherwilde Blvd. and Donnell Drive and that such
purpose is a contract under Chapter 791.033 to Construct, Maintain, or Operate Facilities
on State Highway System.
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1.02 Both parties agree that this Interlocal Agreement complies with Chapter 791 of the Texas
Local Government Code by increasing the efficiency and effectiveness of local
governments by authorizing them to contract, to the greatest possible extent, with one
another.1.03Pursuant to Texas Local Government Code, Section 791.013, Round Rock is
hereby designated the local government to supervise the performance this agreement;
1.03 Pursuant to Texas Local Government Code, Section 791.013, Round Rock is hereby
designated the local govermnent to supervise the performance this agreement.
ARTICLE TWO
PROJECT TERMS, RIGHTS AND DUTIES
2.01 Round Rock Responsibilities. With regard to the development of the entire project, the
Round Rock shall have the responsibility and the right to:
1) Select a firm from a list of qualified engineers for the engineering and design of
the frontage roads as described in the Recitals and as shown in Exhibit "A",
attached hereto and incorporated herein (the "Project");
2) Approval of the surveying and engineering design contracts of the roadway
improvements;
3) Design reviews of the Project by the Consultant; and
4) Seine as the primary liaison with TxDOT and TTA.
2.02 Pflugerville Responsibilities. With regard to the development of the entire Project,
Pflugerville shall have the responsibility and the right to:
1) Approve surveying and engineering design contracts for the roadway
improvements;
2) Review of all financial accounting documents prior to release of funds;
3) Review and approve design submittals of the Project by the Consultant.
2.03. Payments.
1) Round Rock agrees to pay the Consultant for the services provided pursuant to the
terms described in this Agreement ("Engineering Costs"). The current total
Engineering Costs estimate is Six hundred Thousand and No/100 Dollars
($600,000.00).
2) Round Rock agrees to be responsible for making payment to TxDOT for
administrative costs required by the State of Texas, if any ("Administrative
Costs").
3) Pflugerville agrees to be responsible for fifty percent (50%) of the Engineering
Costs, not to exceed $300,000.00.
4) Pflugerville agrees to be responsible for fifty percent (50%) of the Administrative
Costs.
5) Payment by Pflugerville to Round Rock for its share of the Engineering Costs and
Administrative Costs shall be as follows:
a. Not later than ten (10) days after the date of Round Rock's written request
to Pflugerville, including proof of payment, sent to Pflugerville at the
address for Notices set forth in Section 2.12 of this Agreement,
Pflugeiville shall pay to Round Rock fifty percent (50%) of the respective
Costs.
6) Any additional payments to Consultant must be agreed to by both cities.
2.04 Deliverables. Round Rock will provide Pflugerville copies of all deliverables produced
by Consultant.
ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. This Agreement shall be for an initial term of one (1) year from the
Effective Date. The Agreement will automatically renew and extend in the event all deliverables
are not obtained from the Consultant by Round Rock and Pflugerville at the end of the initial
term, until such time as all deliverables are received by both parties. Upon the mutual consent of
both parties, the Agreement may be otherwise extended.
3.02. Authority. This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017.
3.03. Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
3.04. Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written, respecting the subject matter hereof.
3.05. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.06. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
3.07. No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
3.08. Independent Relationship. Each party, in the performance of this Agreement, shall act in
an individual capacity and not as agents, employees, partners, joint ventures or associates of one
another. The employees or agents of one Party shall not be deemed or construed to be the
employees or agents of the other Party for any purpose.
3.09 Assignment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3. 10. Applicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand -delivery or via U.S. Postal Service, postage prepaid, to the address of the other party shown
below:
PFLUGERVILLE: P.O. Box 589.
Pflugerville, Texas 78691
Attn: Brandon Wade, City Manager
Telephone: (512) 990-6101
Facsimile: (512) 990-4364
Email: brandonw@pflugervilletx.gov
With copy to: George Hyde
Denton, Navarro, Rocha, Bernal, Hyde &
Zech, P.0
2500 W. Wm. Cannon, Suite 609
Austin, Texas 78754
Telephone: (512) 279-6431
Facsimile: (512) 279-6439_
Email: george.hyde@rampage-aus.com
ROUND ROCK: 221 East Main St.
Round Rock, Texas 78664
Attn:Laurie Hadley, City Manager
Telephone: (512) 218-5410
Facsimile: (512) 218-7097
Email: Ihadley@roundrocktexas.gov
With copy to: Steve Sheets
309 East Main St.
Round Rock, Texas 78664
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: Steve@scrrlaw.com
3.12. Multiple Originals. This Agreement may be executed in multiple originals each of equal
dignity.
3.13. Effective Date. This Agreement shall be effective from and after 52016.
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IN WITNESS WHEREOF, the authorized representatives of Pflugerville and Round Rock have
executed this Agreement as of the date(s) shown below.
CITY OF ROUND ROCK:
ATTEST:
By:
City Clerk Alan McGraw, Mayor
ATTEST:
4� o(0
ity Secretary
Date: /':::� •9 1 1,I. -I
CITY OF PFLUGERVILLE:
Brandon Wade, City Manager
Date:/
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