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R-08-01-10-9C1 - 1/10/2008 R-00P- 61-1 d RESOLUTION NO. 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 Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match ("Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding the IH 35 Frontage Road Collector/Distributor at Hesters Crossing Bridge Replacement 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 said Agreement, 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. 00, RESOLVED this 10th day of January, 2 0 Nll� ELL, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\wdox\RESOLUTI\R80110C1.WPD/rmc EXHIBIT CSJ #0015-09-150 District# 14 - Austin „A„ Code Chart 64 #36750 1-35 at Hesters Crossing THE STATE OF TEXAS § THE COUNTY OF TRAVIS § FUNAL11 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Round Rock, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 110479 authorizes the State to undertake and complete a highway improvement generally described as intersection and frontage road improvements; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as water line removal, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Project Budget and Description which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Project Budget and Description, also specifies those Project items of work that are the responsibility of the AFA-AFA_VoITIP Page 1 of 8 Revised 5/19/06 CSJ #0015-09-150 District # 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft®Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. If requested by the State, the Local Government shall deliver to the State electronic versions of mapping files, design survey files, plan sheet files, design files and design cross-section files in MicrostationN8©(.dgn) format. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA-AFA VoITIP ' Page 2 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Project Budget and Description, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Project Budget and Description, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. ♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. AFA-AFA_VoITIP Page 3 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 - Austin Code Chart 64 #36750 1-35 at Hesters Crossing Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Mayor of Round Rock Austin District Engineer 221 E. Main Street P.O. Drawer 15426 Round Rock, Texas 78664 Austin, Texas 78761-5426 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-AFA_VoITIP Page 4 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 , 1-35 at Hesters Crossing Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer THE LOCAL GOVERNMENT Name of the Local Government City of Round Rock By Date Typed or Printed Name and Title NYLE MAXWELL MAYOR AFA-AFA VoITIP Page 5 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 - Austin Code Chart 64 #36750 1-35 at Hesters Crossing ATTACHMENT A Project Budget and Description The Local Government will pay for the cost of the construction to remove the designated water line including within the State's right of way. The Local Government's participation is 100% of the cost of this particular improvement the costs of remediation of any contamination attributable to the Local Government's facilities encountered during construction. The Local Government's estimated cost of this additional work is $78,001. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost Cost % Cost % COSt CONSTRUCTIOOST N CS Water Line Removal $78,001 0% $0 0% $0 100% $78,001 including remediation of any contamination attributable to existing line Subtotal $78,001 $0 $0 $78,001 Direct State Costs: Inspection and $0 0% $0 0% 0% $0 oversight; Administration Costs Indirect State Costs $0 0% $0 0% $0 0% $0 (no local participation required except for serviceprojects) TOTAL $789001 $0 $0 $789001 Costs will be based on actual charges. Local Government's Participation (100%) $78.001 It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. AFA-AFA_VoITI P Page 6 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Work Responsibilities The water facilities shall be owned, operated, and maintained by the Local Government prior to and after completion and final acceptance by the State and the Local Government. The parties agree that required removal of pipe and its appurtenances shall be funded by the Local Government and constructed by the State. The costs of remediation of any contamination attributable to the Local Government's facilities encountered during construction shall be borne by the Local Government. 1. Local Government Responsibilities The Local Government shall perform the following: a) Engage the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for the removal of the water line and to provide construction engineering services for same; b) Comply with all applicable state and federal rules, such as the National Environmental Standards for Hazardous Air Pollutants and those in place by OSHA and TCEQ for removal and disposal of any hazardous materials including but not limited to the asbestos water line; c) Provide for right of way or easements for any work to be performed off State right of way. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. The Local Government is responsible for the preparation of the appropriate NEPA documents required for the environmental clearance of the water line removal that are outside of the limits of the approved environmental document for the existing construction project. Preparation and coordination of the environmental documentation shall be through the TxDOT Austin District Environmental Coordinator at (512) 832-7168. The Local Government shall provide the State with written documentation from appropriate regulatory agency(ies) that identified environmental clearance have been obtained, prior to any work to be provided by the State. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation; 2. State's Responsibilities: a) Include the water line removal as a change order within the State's existing construction project, designated as CSJ 0015-09-150; b) Review and approve the final construction plans prior to any construction-related activities. c) Obtain all required State and Federal permits, consents, Texas Department of State Health Services approvals, inspections, tests, and authorizations necessary for construction completion except for those required by the Local Government; AFA-AFA_VoITIP Page 7 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing d) Include in the construction contract general conditions of contract including, without limitation, those regarding insurance and bonding requirements; e) Include in the construction contract general conditions of contract including, without limitation, those regarding warranties, insurance, and bonding requirements. The State shall also secure from the contractor selected a certificate of insurance evidencing that the Local Government has been designated as an additional insured with respect to all liability coverages in accordance with the usual stipulations of the State's standard general conditions; and, f) Administer all change orders required for the Project. All change orders increasing construction contract costs for the Local Government's Project shall be submitted to the Local Government for review and approval together with an evaluation. The Local Government agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless City Council approval is necessary, in which case the Local Government shall bring the item to City Council as soon as reasonably possible. g) Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. AFA-AFA_VoITI P Page 8 of 8 Revised 5/19/06 DATE: January 3, 2008 SUBJECT: City Council Meeting - January 10, 2008 ITEM: 9C1. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the IH 35 Frontage Road Collector/Distributor at Hester's Crossing Bridge Replacement project. Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director of Transportation Services Justification: TxDOT has negotiated a price to remove and dispose of Asbestos cement water line located within the ROW of Mays Street. Funding: Cost: $78,001.00 (not exceed amount) Source of funds: 4B-Round Rock Transportation System Development Corporation Outside Resources: TxDOT Huggins/Seiler and Associates, L.P. Background Information: These improvements will improve access to businesses, reduce the congestion created by the closure of two IH 35 exit ramps and two IH 35 entrance ramps, which was required by the construction of SH 45, and improve traffic flow through the Hester's Crossing intersections with the frontage roads and BI 35/S. Mays Street. Funding for these improvements is included in the Transportation Capital Improvement Program, which is funded by the 1/2 cent sales tax established for the purpose of transportation system improvements that support economic development. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ' ' ORIGINALADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Round Rock, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 110479 authorizes the State to undertake and complete a highway improvement generally described as intersection and frontage road improvements, and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as water line removal, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Project Budget and Description which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Project Budget and Description, also specifies those Project items of work that are the responsibility of the AFA-AFA VoITIP Page 1 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. If requested by the State, the Local Government shall deliver to the State electronic versions of mapping files, design survey files, plan sheet files, design files and design cross-section files in MicrostationN8@(.dgn) format. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA-AFA_VoITIP Page 2 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Project Budget and Description, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Project Budget and Description, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. ♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. AFA-AFA_VoITIP Page 3 of 8 Revised 5/19/06 CSJ #0015-09-150 District # 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Mayor of Round Rock Austin District Engineer 221 E. Main Street P.O. Drawer 15426 Round Rock, Texas 78664 Austin, Texas 78761-5426 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-AFA_VoITIP Page 4 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Date_ .� District Engineer THE LOCAL GOVERNMENT Name rnment City of Round Rock By Date • �!�• C1gj Typed or Printed Name and Title NYLE MAXWELL MAYOR AFA-AFA_VoITIP Page 5 of 8 Revised 5/19/06 CSJ #0015-09-150 District # 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing ATTACHMENT A Project Budget and Description The Local Government will pay for the cost of the construction to remove the designated water line including within the State's right of way. The Local Government's participation is 100% of the cost of this particular improvement the costs of remediation of any contamination attributable to the Local Government's facilities encountered during construction. The Local Government's estimated cost of this additional work is $78,001. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost % Cost % Cost % Cost CONSTRUCTION COSTS Water Line Removal $78,001 0% $0 0% $0 100% $78,001 including remediation of any contamination attributable to existing line Subtotal $78,001 $0 $0 $78,001 Direct State Costs: Inspection and $0 0% $0 0% 0% $0 over Administration Costs Lrequired ate Costs $0 0% $0 0% $0 0% $0 articipation cept forjects $78,001 $0 $0 $78,001 Costs will be based on actual charges. Local Government's Participation (100%) $78,001 It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. AFA-AFA_VoITIP Page 6 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 -Austin Code Chart 64 #36750 1-35 at Hesters Crossing Work Responsibilities The water facilities shall be owned, operated, and maintained by the Local Government prior to and after completion and final acceptance by the State and the Local Government. The parties agree that required removal of pipe and its appurtenances shall be funded by the Local Government and constructed by the State. The costs of remediation of any contamination attributable to the Local Government's facilities encountered during construction shall be borne by the Local Government. 1. Local Government Responsibilities The Local Government shall perform the following: a) Engage the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for the removal of the water line and to provide construction engineering services for same; b) Comply with all applicable state and federal rules, such as the National Environmental Standards for Hazardous Air Pollutants and those in place by OSHA and TCEQ for removal and disposal of any hazardous materials including but not limited to the asbestos water line; c) Provide for right of way or easements for any work to be performed off State right of way. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. The Local Government is responsible for the preparation of the appropriate NEPA documents required for the environmental clearance of the water line removal that are outside of the limits of the approved environmental document for the existing construction project. Preparation and coordination of the environmental documentation shall be through the TxDOT Austin District Environmental Coordinator at (512) 832-7168. The Local Government shall provide the State with written documentation from appropriate regulatory agency(ies) that identified environmental clearance have been obtained, prior to any work to be provided by the State. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation; 2. State's Responsibilities: a) Include the water line removal as a change order within the State's existing construction project, designated as CSJ 0015-09-150; b) Review and approve the final construction plans prior to any construction-related activities. c) Obtain all required State and Federal permits, consents, Texas Department of State Health Services approvals, inspections, tests, and authorizations necessary for construction completion except for those required by the Local Government; AFA-AFA_VoITIP Page 7 of 8 Revised 5/19/06 CSJ #0015-09-150 District# 14 - Austin Code Chart 64 #36750 1-35 at Hesters Crossing d) Include in the construction contract general conditions of contract including, without limitation, those regarding insurance and bonding requirements; e) Include in the construction contract general conditions of contract including, without limitation, those regarding warranties, insurance, and bonding requirements. The State shall also secure from the contractor selected a certificate of insurance evidencing that the Local Government has been designated as an additional insured with respect to all liability coverages in accordance with the usual stipulations of the State's standard general conditions; and, f) Administer all change orders required for the Project. All change orders increasing construction contract costs for the Local Government's Project shall be submitted to the Local Government for review and approval together with an evaluation. The Local Government agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless City Council approval is necessary, in which case the Local Government shall bring the item to City Council as soon as reasonably possible. g) Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. AFA-AFA_VoITIP Page 8 of 8 Revised 5/19/06