Contract - Williamson County and CORR - 1/27/2022 INTERLOCAL AGREEMENT
FOR COMPLETING DESIGN SERVICES AND CONSTRUCTION
RELATED TO THE LOCATION OF CITY OF ROUND ROCK WATER LINE
IMPROVEMENTS
ALONG SAM BASS ROAD
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING THE LOCATION OF WATER
SYSTEM IMPROVEMENTS ("Agreement") is entered into between the City of Round Rock,
Texas,a Texas municipal corporation(the"City")and Williamson County,a political subdivision
of the State of Texas(the"County"). In this Agreement, the City and the County are sometimes
individually referred to as"a Party"and collectively referred to as"the Parties".
WHEREAS,the County is and has been in the process of making road improvements to
Sam Bass Road from its intersection with RM 1431 to Wyoming Springs Road (the "County
Project");and
WHEREAS, the proposed County Project includes the widening of the right-of-way on
Sam Bass Road; and
WHEREAS, the City desires to facilitate the construction of a new 42" waterline at the
location shown on Exhibit"A",attached hereto(the"City Waterline");and
WHEREAS, in connection with the construction of the roadway improvements, the
County and the City desire to locate the City Waterline into new easements abutting Sam Bass
Road; and
WHEREAS, the City desires to cooperate with the County to facilitate the simultaneous
construction of the roadway improvements and the City Waterline;and
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement,the Parties agree as follows:
I.
PURPOSE
1.01 General. The purpose of this Agreement is to provide for the County's location
and construction of the City Waterline in conjunction with the construction of the County Project,
based on the terms and conditions stated herein.
1.02 Continuation of Service. The County agrees that the City Project, shall be
undertaken so as to minimize any disruption of water service to existing City customers and will
not result in the permanent loss of water service to any such customers.
4881-7862-7080
H.
CONSTRUCTION OF CITY PROJECT
2.01 County Obligations. The County shall construct all physical improvements that
constitute the City Project, except as stated herein. The County will jointly bid the City Project
and construct it concurrently with the County Project.
2.02 City Obligations. The City shall be responsible for all costs associated with the
preliminary and final design related to the City Project. The City shall submit project plans and
specifications and a utility permit application to the County for approval prior to bidding and
contract award.
2.03 City Payment. The City will pay the County for the full amount of the City
Waterline construction using the following payment schedule:
• 30% within 30 days after contract award.
• 30%when construction of the City Waterline is 30%complete as determined by the value
of the work completed to date against the contract amount.
• 30%when construction of the City Waterline is 60%complete as determined by the value
of the work completed to date against the contract amount.
• Final 10%, including any adjustments for change orders, at substantial completion of the
City Waterline.
2.04 Inspection. The City may inspect the relocation of the City Project during
construction. Upon receipt of notification from the City that the City's inspectors determine the
construction by the County is not in accordance with the approved project plans,the County shall
cease construction until the deficiency can be identified and a corrective plan of construction
implemented with the agreement of the City.
2.05 Permits. Except as specifically stated herein,the County shall not be responsible
for obtaining permits, if any,required for the construction of the City Project.
2.06 Insurance, Bonds and Warranties. The County shall require the contractor for
the Project to name the City as an additional insured on any policies related to the City Project.
The County shall require the contractor to provide performance bonds, payment bonds and
maintenance bonds in favor of the City for the City Project in amounts satisfactory to the City.
The County shall transfer any warranties for the City Project to the City upon final completion and
acceptance of the project.
2.07 Easements. The City Waterline will be located into private easements acquired by
the City at the City's sole expense. The City will coordinate with the County to acquire the
easements as expeditiously as possible.If any of the City Project lies within new or existing County
2.
right-of-way, the City shall be solely responsible for repairing, replacing or relocating the
waterline,subject to County approval.
2.08 Acceptance of City Project. After the City accepts the City Project,the City will
own and maintain the City Project,without need of formai conveyance.
2.09 Change Orders. The County will present all change orders regarding the City
Project to the City for approval prior to acceptance by the County.
III.
DISPUTES
3.01 Material Breach; Notice and Opportunity to Cure.
(a) In the event that one Party believes that another Party has materially breached one
of the provisions of this Agreement, the non-defaulting Party will make written demand to cure
and give the defaulting Party up to 30 days to cure such material breach or, if the curative action
cannot reasonably be completed within 30 days,the defaulting Party will commence the curative
action within 30 days and thereafter diligently pursue the curative action to completion.
Notwithstanding the foregoing, any matters specified in the default notice which may be cured
solely by the payment of money must be cured within 10 days after receipt of the notice. This
applicable time period must pass before the non-defaulting Party may initiate any remedies
available to the non-defaulting party due to such breach.
(b) Any non-defaulting Party will mitigate direct or consequential damage arising from
any breach or default to the extent reasonably possible under the circumstances.
(c) The Parties agree that they will negotiate in good faith to resolve any disputes and
may engage in non-binding mediation,arbitration or other alternative dispute resolutiori methods
as recommended by the laws of the State of Texas.
3.02 Equitable Relief. In recognition that failure in the performance of the Parties'
respective obligations could not be adequately compensated in money damages alone, the Parties
agrees that after providing notice and an opportunity to cure in accordance with Section 4.01
above,the Parties shall have the right to request any court,agency or other governmental authority
of appropriate jurisdiction to grant any and all remedies which are appropriate to assure
conformance to the provisions of this Agreement. The defaulting Party shall be liable to the other
for all costs actually incurred in pursuing such remedies, including reasonable attorney's fees,and
for any penalties or fines as a result of the failure to comply with the terms including, without
limitation,the right to obtain a writ of mandamus or an injunction requiring the governing body of
the defaulting party to levy and collect rates and charges or other revenues sufficient to pay the
amounts owed under this Agreement.
3.03 Agreement's Remedies Not Exclusive. The provisions of this Agreement
providing remedies in the event of a Party's breach are not intended to be exclusive remedies. The
3.
Parties retain, except to the extent released or waived by the express terms of this Agreement, all
rights at law and in equity to enforce the terms of this Agreement.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in
Chapter 791, Texas Government Code.
4.02 NO LIABILITY OR WARRANTY OF SERVICES. ROUND ROCK
AGREES AND ACKNOWLEDGES THAT WILLIAMSON COUNTY DOES NOT
ASSUME ANY LIABILITY FOR, OR WARRANT, THE SERVICES THAT A THIRD
PARTY PROVIDES PURSUANT TO THIS AGREEMENT OR CONSTRUCTION
AGREEMENT. ROUND ROCK AGREES AND ACKNOWLEDGES THAT
WILLIAMSON COUNTY SHALL NOT BE LIABLE FOR ANY CLAIM OR CAUSE OF
ACTION THAT ROUND ROCK MAY HAVE NOW OR IN THE FUTURE AGAINST AN
ENGINEER OR THIRD PARTY OR ANY DAMAGES OF ANY NATURE
WHATSOEVER ALLEGEDLY SUSTAINED BY ROUND ROCK, OR ANYONE
HAVING A CLAIM BY, THROUGH OR UNDER ROUND ROCK RELATED IN ANY
WAY,DIRECTLY OR INDIRECTLY,WITH THE SERVICES PROVIDED BY A THIRD
PARTY PURSUANT THIS AGREEMENT.
4.03 Term. This Agreement shall commence upon execution of this Agreement and
shall end upon the City's acceptance of the City Project.
4.04 Severability. The provisions of this Agreement are severable and,if any provision
of this Agreement is held to be invalid for any reason by a court or agency of competent
jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be
construed as if the invalid portion had never been contained herein.
4.05 Default and Remedies. If Round Rock fails to pay for services under this
Agreement,and continues such failure for thirty(30)days after the County provides written notice
to cure, Round Rock shall be deemed to be in default under this Agreement. In the event that the
County defaults under this Agreement,and such default is not cured,Round Rock may,in addition
to any other remedy at law or in equity, immediately terminate this Agreement or seek specific
performance of this Agreement.
4.06 Payments from Current Revenues. Any payments required to be made by a Party
under this Agreement will be paid from current revenues or other funds lawfully available to the
Party for such purpose.
4.07 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate
the purposes and intent of this Agreement.
4.
4.08 Entire Agreement. This Agreement contains the entire agreement of the Parties
regarding the subject matter hereof and supersedes all prior or contemporaneous understandings
or representations, whether oral or written, regarding the subject matter and only relates to those
portions of the City Project referred to herein.
4.09 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.10 Applicable Law; Venue. This Agreement will be construed in accordance with
Texas law. Venue for any action arising hereunder will be in Williamson County,Texas.
4.11 Notices. Any notices given under this Agreement will be effective if(i)forwarded
to a Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited
with the U.S.Postal Service,postage prepaid,certified,to the address of the Party indicated below:
ROUND ROCK: City of Round Rock
221 East Main,Round Rock,Texas 78664
Attn: City Manager
Telephone: (512)218-5430
Email: lhadley@roundrocktexas.gov
COUNTY: 710 S.Main Street,Georgetown,Texas 78626
Attn: William Gravell,Jr.
bgravell@wilco.org
Telephone: (512)943-1550
Facsimile: (512)943-1662
4.12 Counterparts; Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts,each of which will be deemed an original,but all of which
will constitute the same instrument.
4.13 Authority. Each Party represents and warrants that it has the full right,power and
authority to execute this Agreement.
4.14 Effective Date. This Agreement is executed to be effective on the date the last
Party signs this Agreement.
4.15 No Joint Venture.This Agreement does not constitute a joint venture or any other
kind of partnership between the parties.
(SIGNATURES ON FOLLOWING PAGE)
5.
CITY OF ROUND ROCK,TEXAS
By:
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Craik; N4orgall
Mayor
ATTEST:
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By:
NA eagan S 6
nks, City Clerk
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this day of
till&,(. �,,' "I", , 2022, by Craig Morgan as Mayor of the City of Round Dock, a Texas home-
rule ity, on beh,,if of said city.
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6.
"WV`ILLIAMSON COUNTY,TEXAS
Yr William Gravell,Jr.,Couni u
ATTEST:
Nancy Raster; ounty Clerk
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this s. day of
A"I _,2022, by William+G'rravell,Jr.,County Judge of Williamson County,Texas, on
bels if of said County.
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WILLIAMSON COUNTY,TEXAS
By:
William Gravell,Jr.,County Judge
ATTEST:
By:
Nancy Rister, County Clerk
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this day of
,2022, by William Gravell,Jr., County Judge of Williamson County, Texas,on
behalf of said County.
Notary Public, State of Texas
7.
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