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R-04-10-26-15F2 - 10/26/2004 RESOLUTION NO. R-04-10-26-15F2 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 IH-35 frontage roads and Chandler Road turnaround structures, 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. RESOLVED this 26th day of October, 04 NY WELL-, ,'Mayor ' It of A Round Rock, Texas ST ad�V CHRISTINE R. MARTINEZ, City Secre ry @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41026F2.WPD/sc EXHIBITChandler Rd CSJ: D015-08-148 County: Williamson "All 1-35: Westinghouse Rd. S to THE STATE OF TEXAS § THE COUNTY OF TRAVIS § 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 109335 authorizes the State to undertake and complete a highway improvement generally described as upgrading interstate frontage roads; 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 adding auxiliary lanes, deceleration/acceleration lanes and ancillary turn lanes to the northbound frontage road and constructing a south to north turnaround structure at Chandler Road, 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, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. AFA - AFAVoITIP Page 1 of 7 Revised 9/2/04 CSJ:•0015-08-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. 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. 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. If right of way is required, the Local Government shall prepare right of way maps, property descriptions and other data needed, utilizing all applicable laws governing the acquisition policies for acquiring real property. Tracings of the maps shall be retained by the State for its records. If the proposed construction requires the adjustment, removal or relocation of any utility facilities, the Local Government and/or its consultant shall establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The Local Government shall be responsible for all costs associated with the adjustments not assumed by the utility company. Removal or relocation or such utilities shall be in accordance with applicable laws, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the Local Government will be responsible for all costs associated with the additional utility work within its jurisdiction. Article 4. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 5. 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. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. 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. Article 7. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, 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 AFA - AFAVoITIP Page 2 of 7 Revised 9/2/04 CSJ: 0015-08-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. 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 10 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, 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, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or 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 such 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 expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. 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 10. 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. 11. 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: AFA -AFAVoITIP Page 3 of 7 Revised 9/2/04 CSJ: 0015-08-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd Local Government: State: Honorable Nyle Maxwell Robert B. Daigh, P.E. 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 12. 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 13. 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 14. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 15. 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. Article 16. 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-AFAVoITIP Page 4 of 7 Revised 9/2/04 CSJ: 0015-08-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd Article 17. 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 By Date Typed or Printed Name and Title AFA -AFAVoITIP Page 5 of 7 Revised 9/2/04 CSJ: 0015-08-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd ATTACHMENT A 1. Payment Provision The City will pay for the cost of the construction of adding auxiliary lanes, deceleration/acceleration lanes and ancillary turn lanes to the northbound frontage road from Westinghouse Road south to Chandler Road and constructing a south to north turnaround structure at Chandler Road. The City's participation is 100% of the cost of design and construction bid items. Estimated cost of this work is $6,000,000.00. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost 0/0 Cost % Cost % Cost NNW� rt Construction of Frontage $6,000,000.00 0% $0.00 0% $0.00 100% $6,000,000.00 road improvements and turnaround structure Subtotal t ;� $6a0ob x 177q Engineering & $630,000.00 0% $0.00 100% $630,000.00 0% $0.00 Contingencies (E&C)** (Estimated @10.5% of construction E & C Indirect Costs - 0% $0.00 0% $0.00 0% $0.00 (Estimated @ 8.87% of construction) (No local participation requirement) TOTAL $6,630,000.00 $0.00 $630,000.00 $6,000,000.00 City's Participation = $6,000,000.00 It is understood that the proposed improvements will be done by the State and the City will transmit to the State, a warrant or check made payable to the "Texas Department of Transportation" in the amount of the final engineer's estimate as calculated sixty days prior to the State advertising for bids. It is further understood that the State will include only those items for the improvements as requested and required by the City. This is a construction estimate only. Final participation amounts will be based on actual charges to the project. AFA-AFAVoITIP Page 6 of 7 Revised 9/2/04 CSJ: 0015-08-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd 2. Work Responsibilities A. Environmental Requirements The Local Government shall prepare the appropriate environmental documentation and secure environmental clearance for the Project. Preparation and coordination of the environmental documentation shall be through Mike Walker, TxDOT Austin District Environmental Coordinator, (512) 832-7168. To the extent required to complete the Project, the Local Government will be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. All costs associated with the remediation of the environmental problems will be the responsibility of the Local Government. The Local Government shall provide to the State written certification from the appropriate regulatory agency(s) that all environmental problems have been remedied, prior to the State advertising for bids. B. Engineering Services The Local Government shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S. & E.) necessary for the development of the Project. The P.S. & E. shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State. The engineering plans shall be developed in accordance with the Roadway Design Manual, the current edition of the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the Texas Accessibility Standards. The Local Government shall submit the completed P.S. & E. to the State for review and approval, twenty weeks prior to the State's anticipated bid opening date. Should the State determine that revisions are required to the documents, the Local Government shall make the necessary revisions, in accordance with the required dates as outlined in the States' current PS&E Review and Processing schedule. AFA-AFAVoITIP Page 7 of 7 Revised 9/2/04 DATE: October 21, 2004 SUBJECT: City Council Meeting - October 26, 2004 ITEM: 15.F.2. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation regarding upgrading IH-35 Frontage Roads and adding turnaround lanes at IH-35 and Chandler Road. Department: Transportation Services Staff person: Tom Martin, Director Justification: This agreement provides for TXDOT to add auxiliary lanes and turn lanes to the northbound frontage road ramp relocation and constructing a turnaround structure at Chandler Road. Payment of the improvement costs will be made by the Round Rock Transportation System Development Corporation. Funding: Cost: $6,000,000.00 Source of funds: Round Rock Transportation System Development Corporation (413) Outside resources: Texas Department of Transportation HDR Engineering Background information: This expenditure is included in the Corporation's currently approved Transportation Capital Improvement Program. In this agreement, the Texas Department of Transportation is responsible for the addition of auxiliary lanes and turn lanes to the northbound frontage road and constructing a turnaround structure at Chandler Road. The initial contribution of $100.00 is required to open the account for this project. Public comment: N/A EXECUTED DOCUMENT FOLLOWS r CSJ: 0015-69-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd THE STATE OF TEXAS § ORIGIML THE COUNTY OF TRAVIS § 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 109335 authorizes the State to undertake and complete a highway improvement generally described as upgrading interstate frontage roads; 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 adding auxiliary lanes deceleration/acceleration lanes and ancillary turn lanes to the northbound frontage road and constructing a south to north turnaround structure at Chandler Road, 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, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. R-9 4-/0 -A& /5x41 AFA -AFAVoITIP Page 1 of 7 Revised 9/2/04 d vG CSJ: 0015- -148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. 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. 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. If right of way is required, the Local Government shall prepare right of way maps, property descriptions and other data needed, utilizing all applicable laws governing the acquisition policies for acquiring real property. Tracings of the maps shall be retained by the State for its records. If the proposed construction requires the adjustment, removal or relocation of any utility facilities, the Local Government and/or its consultant shall establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The Local Government shall be responsible for all costs associated with the adjustments not assumed by the utility company. Removal or relocation or such utilities shall be in accordance with applicable laws, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the Local Government will be responsible for all costs associated with the additional utility work within its jurisdiction. Article 4. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 5. 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. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. 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. Article 7. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, 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 AFA -AFAVoITIP Page 2 of 7 Revised 9/2/04 o CSJ: 0015 8-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. 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 10 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, 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, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or 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 such 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 expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. 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 10. 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. 11. 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: AFA -AFAVoITIP Page 3 of 7 Revised 9/2/04 . 09 CSJ: 0015-¢8-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd Local Government: State: Honorable Nyle Maxwell Robert B. Daigh, P.E. 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 12. 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 13. 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 14. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 15. 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. Article 16. 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 -AFAVoITIP Page 4 of 7 Revised 9/2/04 of CSJ: 0015 98-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd Article 17. 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 �1 Date District Engineer THE LOCAL GOVERNME Name o the oc 1 ernme city of Round Rock, Texas�l // By Date D_a CQ _D Typed or Printed Name and Title Nyle Maxwell Mayor AFA-AFAVoITIP Page 5 of 7 Revised 9/2/04 . CSJ: 0015-Q6-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd ATTACHMENT A 1. Payment Provision The City will pay for the cost of the construction of adding auxiliary lanes, deceleration/acceleration lanes and ancillary turn lanes to the northbound frontage road from Westinghouse Road south to Chandler Road and constructing a south to north turnaround structure at Chandler Road. The City's participation is 100% of the cost of design and construction bid items. Estimated cost of this work is $6,000,000.00. 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 Construction of Frontage $6,000,000.00 0% $0.00 0% $0.00 100% $6,000,000.00 road improvements and turnaround structure Subtotal $6,000,000.00 $6,000,000.00 Engineering & $630,000.00 0% $0.00 100% $630,000.00 0% $0.00 Contingencies (E&C)** (Estimated @10.5% of construction E & C Indirect Costs - 0% $0.00 0% $0.00 0% $0.00 (Estimated @ 8.87% of construction) (No local participation re uirement TOTAL $6,630,000.00 $0.00 $630,000.00 $6,000,000.00 City's Participation = $6.000.000.00 It is understood that the proposed improvements will be done by the State and the City will transmit to the State, a warrant or check made payable to the "Texas Department of Transportation" in the amount of the final engineer's estimate as calculated sixty days prior to the State advertising for bids. It is further understood that the State will include only those items for the improvements as requested and required by the City. This is a construction estimate only. Final participation amounts will be based on actual charges to the project. AFA -AFAVoITIP Page 6 of 7 Revised 9/2/04 ' r CSJ: 0015-96-148 County: Williamson 1-35: Westinghouse Rd. S to Chandler Rd 2. Work Responsibilities A. Environmental Requirements The Local Government shall prepare the appropriate environmental documentation and secure environmental clearance for the Project. Preparation and coordination of the environmental documentation shall be through Mike Walker, TxDOT Austin District Environmental Coordinator, (512) 832-7168. To the extent required to complete the Project, the Local Government will be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. All costs associated with the remediation of the environmental problems will be the responsibility of the Local Government. The Local Government shall provide to the State written certification from the appropriate regulatory agency(s) that all environmental problems have been remedied, prior to the State advertising for bids. B. Engineering Services The Local Government shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S. & E.) necessary for the development of the Project. The P.S. & E. shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State. The engineering plans shall be developed in accordance with the Roadway Design Manual, the current edition of the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. The Local Government shall submit the completed P.S. & E. to the State for review and approval, twenty weeks prior to the State's anticipated bid opening date. Should the State determine that revisions are required to the documents, the Local Government shall make the necessary revisions, in accordance with the required dates as outlined in the States' current PS&E Review and Processing schedule. AFA - AFAVoITIP Page 7 of 7 Revised 9/2/04