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R-97-06-26-10D - 6/26/1997RESOLUTION NO. R -97-06-26-10D WHEREAS, Commission Minute Order 102542 authorizes the Texas Department of Transportation ("TxDOT") to undertake and complete highway improvements generally described as Sidewalk Construction and Roadway Safety Improvements in the City of Round Rock; and WHEREAS, TxDOT requires the City to participate in said improvements by funding a portion of the improvements; and WHEREAS, TxDOT has submitted an Advance Funding Agreement for Surface Transportation Program for the McNeil Road and Mays Street sidewalk projects; and WHEREAS, the City wishes to enter into said agreement, and to authorize the escrow of $2,306.74 for the 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 an Advance Funding Agreement for Surface Transportation Program with TxDOT for the McNeil Road and Mays Street sidewalk projects, and to authorize the escrow of $2,306.74 for the projects. RESOLVED this 26th day of June, 1997. ATTEST: E LAND, City Secretary K:\WPDOCS\RESOLUTI\RS70626D.WPD/scg CHARLES CU ER, Mayor City of Round Rock, Texa EXECUTED DOCUMENT FOLLOWS COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION PROGRAM (STP) THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting 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 "Outside Entity". WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 102542 authorizes the State to undertake and complete highway improvements generally described as Sidewalk Construction and Roadway Safety Improvements in the City of Round Rock; and WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvements by funding that portion of the improvements described in Attachment A hereinafter called the "Project"; and, WHEREAS, the Outside Entity has agreed to participate in funding the project as described in Attachment A; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and, 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 Outside Entity agree as follows: Page 1 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR ARTICLE 1. TIME PERIOD COVERED This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and said Agreement shall be in full force and effect until the Project described herein has been completed and accepted by all parties or until terminated as hereinafter provided. Federal funds will remain active for two (2) years from the date of final execution of this Agreement. ARTICLE 2. PROJECT FUNDING The State will authorize construction of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Attachment A, said Attachment A being attached and incorporated herein for all purposes. In addition to identifying those items of work paid for by payments to TxDOT, Attachment A also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity. ARTICLE 3. TERMINATION Without prejudice to any other legal or equitable right or remedy that either party would otherwise possess hereunder or as a matter of law, each non -defaulting party, upon giving the defaulting party five (5) days prior to written notice, shall be entitled to terminate this Agreement in its entirety at any time for the following; If a party shall fail to remedy any default within ten (10) days after written notice thereof from the non -defaulting party; or If either party commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. This Agreement may also be terminated by any of the following methods; Upon mutual written agreement and consent of both parties; By the State, upon thirty (30) days written notice to the Outside Entity, if the State determines that completion of the Project is not in the best interest of the State; or Page 2 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR By the Outside Entity, upon thirty (30) days written notice to the State, if the Outside Entity determines that completion of the project is not in the best interest of the Outside Entity. If this Agreement is terminated in accordance with the provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. ARTICLE 4. RIGHT OF ACCESS If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work contemplated in the Agreement. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work regardless of ownership of the right-of-way or utility facility. ARTICLE 5. RESPONSIBILITIES OF THE PARTIES The Outside Entity 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. Additionally, the State acknowledges that while it is not an agent, servant, nor employee of the Outside Entity, 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 6. SOLE AGREEMENT In the event the terms of this Agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the provisions of the most recently executed agreement shall take precedence over the conflicting provisions contained in the other agreements, between the Outside Entity and the State. ARTICLE 7. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, executors, assigns, and administrators. ARTICLE 8. AMENDMENTS By mutual written consent of the parties, the scope of work and payment provisions of this Page 3 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR Agreement may be amended prior to the expiration of this contract. No amendment to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties. ARTICLE 9. INTEREST The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside entity will be deposited into, and retained in, the State Treasury. ARTICLE 10. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this agreement, 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 construction 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 Agreement, 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 11. INCREASED COSTS In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties of this agreement. If the Outside Entity cannot pay the additional funds, this contract may be mutually terminated in accordance with Article 3 - Termination. In the event that the funding provided by the Outside Entity exceeds the amount necessary to cover the State's cost of performance of the Outside Entity's requested work, the State shall refund the excess funds to the Outside Entity. The State shall refund said excess funds to the Outside Entity within thirty (30) days after the Project has been completed and accepted by all parties or after this Agreement has been terminated as provided herein. Page 4 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR ARTICLE 12. SIGNATORY WARRANTY The signatories to this Agreement warrant that each has the authority to enter into this on behalf of the organization they represent. ARTICLE 13. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this Agreement, each of which shall be deemed an original for all purposes. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. By �.�— Date .0--.2`�-%� J. atopek Director, General Services Division THE OUTSIDE ENTITY The ' y Round Rock Date 1-q--'9/7 Typed or ' - nt - : am - and Title C��eC.E�S Cul-i�,�PP %�ill �l Q/� i Attest: /'� i. ,,/� AfetAeOU Title: ,,(;rnAs Page 5 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR For the purpose of this Agreement, the address of record for each party shall be: For the Outside Entity: City of Round Rock 211 East Main Street Round Rock, Texas 78664 For the Texas Department of Transportation: Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78767-5426 Page 6 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR ATTACHMENT A Payment Provision and Work Responsibilities 1 Right of Way If right of way is required, the Outside Entity shall prepare the right of way maps, property descriptions and other data as needed to properly describe the right of way which the Outside Entity is to acquire and provide for the Project. The right of way maps and property descriptions shall be submitted to the State for approval prior to the Outside Entity acquiring the necessary right of way. Tracings of the maps shall be retained by the Outside Entity for its permanent records. 2. Utility Adjustments/Relocations If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the Outside Entity and/or its consultant will establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The Outside Entity shall be responsible for all costs associated with the adjustment not assumed by the utility company, removal or relocation of such utility facilities and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the Outside Entity will be responsible for all costs associated with the additional utility work within its jurisdiction. 3 Environmental Mitigation A. To the extent required to complete the Project, the Outside Entity will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Projects. The Outside Entity shall provide to the State written certification from the appropriate regulatory agency(s) that any environmental problems have been remedied. The Outside Entity will not let a construction contract until all environmental problems have been remediated by the Outside Entity, unless the remediation is required by construction phasing to be a part of the contract, and the State concurs in the proposed phasing. Page 7 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR B. All costs associated with the remediation of the environmental problems caused by the negligence or willful conduct of the Outside Entity and/or the property owners shall be the responsibility of the Outside Entity and/or property owners and not the State of Texas. C. The Outside Entity may terminate this agreement if the Outside Entity determines that the costs associated with mitigation are prohibitive. Any normal costs of mitigation or remediation not caused by the negligence or willful misconduct of the Outside Entity will be eligible for participation in Federal funding. 4. Certification The Outside Entity shall provide to the State forty-five (45) days prior to any construction contract let date, a certification that all right of way has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction; if applicable. 5. Engineering Services The Outside Entity will prepare or cause to be prepared the engineering plans, specifications, and estimates necessary for the development of the Project. 6. Construction Responsibilities A. If the projects are not let for construction by TxDOT, the Outside Entity shall advertise for construction bids, issue bid proposals, receive and tabulate bids and award a contract for construction of the Project in accordance with procedures and applicable laws. Actual construction shall be performed by contract awarded by competitive bidding unless prior approval has been received by the State for the use of the Outside Entity's in-house forces. If the Outside Entity should elect to use in-house forces, a public interest statement will be submitted to the State for approval prior to the construction phase. The Outside Entity shall comply with the applicable regulations and requirements established in 23 CFR Part 635, Subparts A, C and D for the competitive bidding process. The Outside Entity shall develop written construction contract procedures for the State's review and approval. The Outside Entity shall not Page 8 of 12 COUNTY: :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR initiate the bidding process until approval of the procedures has been obtained from the State and a Letter of Authority for construction has been issued by the Federal Highway Administration. Any field changes, supplemental agreements or additional work orders which may become necessary shall be subject to approval by the State before any such work is performed. B. The Outside Entity will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.&E. The State will maintain oversight responsibilities and provide testing services as required y the specifications.11 s /V !' C. In accordance with the requirements established in 23 CFR Part 63 , j" �i"he Outside Entity shall include the latest version of Form FHWA 1273 in the contract bidding documents. The required contract provisions contained in Form FHWA 1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work or by subcontract. It is agreed between the parties that the Outside Entity shall be responsible with the technical assistance and oversight of the State, for compliance by any contractor or subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA 1273. All additional federal special provisions and specifications will be provided by the State for inclusion in the contracts let by the Outside Entity. 7 Maintenance Responsibilities Upon completion of the Project, the Outside Entity will assume responsibility for the maintenance of the completed facilities within its jurisdiction. 8. Inspection of Books and Records The State will, for the purpose of termination of the Agreement prior to completion, examine the books and records of the Outside Entity for the purpose of checking the amount of the work performed by the Outside Entity at the time of contract termination. The Outside Entity shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, U. S. Department of Transportation (USDOT) or their Page 9 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR duly authorized representative for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State USDOT and their duly authorized representatives shall have access to all records of the Outside Entity which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 9. OMB Audit Requirements The Outside Entity shall comply with the requirements of their Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 10. Procurement and Property Management Standards The Outside Entity shall adhere to the procurements standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 in CFR Part 18.36. 11. Civil Rights Compliance The Outside Entity shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405(B); also Executive Order 11246 titled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 12. Minority Business Enterprise Program Requirements The Outside Entity shall comply with the "Minority Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 13. Debarment Certification The Outside Entity is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspensions. The Page 10 of 12 COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR Outside Entity shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 14. Applicable Laws and Regulations The Outside Entity or its consultant shall be responsible for complying with all applicable State and Federal laws and regulations in the development and construction of the Project. 15. The Outside Entity shall comply with the federal Cost Principles published in Office of Management and Budget (OMB) Circular A-87. All costs that will be reimbursed with federal funds will be allowable, reasonable, and allocable to the project. 4,..7 )0). Page 11 of 12 CSJ: 0015-16-902 - BI 35-L Williamson County In Round Rock from S. Of Texas Avenue to Old Settlers Blvd. Construct & Inspect Sidewalks COUNTY :Williamson CSJ :0015-16-902 & 0914-05-904 HIGHWAY :BI 35-L & CR Payment Provisions FEDERAL OUTSIDE ENTITY TOTAL PROJECT FUNDS MATCH COST $ 80,000.00 $20,000.00 $100,000.00 CSJ: 0914-05-904 - CR Williamson County On McNeil Rd at CR 172 & UPRR Construct & InspectRdwy Safety Improvements $300,000.00 $75,000.00 $375,000.00 TOTAL $95,000.00 Funds due to the State, upon execution of the Agreement, are estimated State Administrative and Testing Costs (4% of Outside Entity Match total) + State's Indirect Costs (7.16%). Cost breakdown = [$95,000.00 X .04 = $3,800.00] + [$3,800.00 X .0716 = $272.08] Total Amount Due = $3,800.00 + $272.08 = $4,072.08. The Outside Entity will remit to the Texas Department of Transportation, upon execution of this Agreement, a check in the amount of $4,072.08. The State will be responsible for securing the federal funding for the construction phase of this Project. If funding provided by the Outside Entity is insufficient to cover their share of the Project costs, including the State's indirect costs, the State will notify the Outside Entity of the additional costs needed, and upon approval by the Outside Entity, the Outside Entity will pay to the State the additional funding necessary to cover the additional costs. The State's Administrative and Testing Costs, not including the State's indirect costs, will be considered eligible for reimbursement with Federal funds for this Project. Page 12 of 12