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R-12-01-26-9D8 - 1/26/2012 RESOLUTION NO. R-12-01-26-9D8 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 On-System ("Agreement') with the State of Texas, acting through the Texas Department of Transportation regarding the IH-35 Frontage Roads from U.S. 79 to FM 3406 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. RESOLVED this 26th day of January, 2012. ALAN MCGRAW,Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\1204\MUNICIPAL\00241515.DOC/rtnc EA T CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project: 1H 35 Frontage Roads STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the"State", and the City of Round Rock, acting by and through its duly authorized officials, 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 112696 authorizes the State to undertake and complete a highway improvement generally described as upgrade frontage roads and reconfigure ramps;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 upgrading frontage roads and reconfigure ramps on IH 35 from US 79 to FM 3406, 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 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 Govemment will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. 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 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 AFA AFA VoITIP Page 1 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project:11135 Frontase Roads are the responsibility of the Local Government and will be carried out and completed by the Local Government at no cost to the State. B. 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. C. 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. D. 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 Govemment's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government 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. 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. 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. 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. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. T. 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. B. 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 AFA AFA VoITIP Page 2 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project:1H 35 Frontage Roads 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 in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. 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 Govemment 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 thirty(30) days of the written notification, unless otherwise agreed to by all parties to this agreement If the Local Govemment cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 —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. B. 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. 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 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. 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. C. 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. L FA-AFA vorTIP Page 3 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project:11135 Fronta elt Roads 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: City of Round Rock Director of Contract Services Attn: City Manager Texas Department of Transportation 2008 Enterprise 125 E. 1 Vh Street Round Rock, Texas 78664 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. 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 carred out by the other party. 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. 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. 15. Amendments By mutual written consent of the parties,this agreement may be amended prior to its expiration. 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 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 AFA AFA VorriP Page 4 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project: 1H 35 Fronts eRoads 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS South Regional Support Center Director Date AFA-AFA VoITIP Page 5 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project;IH 35 FroatW Roads ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES nvironmental (by Local 20,000.00 % 0 % 0 100% 20,000.00 ovemment ight of Way(by Local 0.00 % 0 % °k 0 ovemment tilities(by Local 480,000.00 % 0 % 0 100% 480,000.00 ovemment Engineering 1,000,000.00 % 0 % 0 100% 1,000,000.00 b Local Govemment nstruction 7,000,000.00 % 0 % 0 100% 7,000,000.00 b State pL '�° �, 4.,sy'Y ,!', 'k4. i. '.rt __3 fed•`_ 7;.c-_•t... S -1'• - hi nvironm. 12,152.80 % 0 100% $ 12,152.80 'rect State osts 20% Direct State fight of Way 12,152.80 % 0 100% $ 12,152.80 % 0 Cost for irect State Prelim. sts 20% Engineer. ngmeer. 24,305.60 % 0 100% $ 24,305.60 % 0 $60,764 'rect State sts 40°k tility Direct 12,152.80 % 0 100% $ 12,152.80 % tate Costs 20% nstruction Engineering 411,371.00 % 0 100°x6 411,371.00 % 0 State nstruction Direct State 45,251.00 % 0 100% $ 45,251.00 % 0 sts ndirect State Costs 647,856.67 % 0 100% $ 647,856.67ffl96 E _ ww�� y mg IT E Initial payment by the Local Govemment to the State: $0 Payment by the Local Government to the State before cbnstruction: $7,000,000.00 Estimated total payment by the Local Government to the State$7,000,000.00 This is an estimate. The final amount of Local Govemment participation will be based on actual costs. AFX AFA VoITIP Page 1 of 3 Attachment A CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project: IH 35 Frontage Roads Work Responsibilities: 1. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. 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 b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project Coordination shall be through the TxDOT Austin District Environmental Coordinator at(512)832-7168. e. The Local Government shall provide the State with written documentation from appropriate regulatory agency(ies)that identified environmental clearance has been obtained, prior to beginning work. 2. Engineering Services a. The Local Government shall prepare or cause to be prepared the engineering plans, specifications, and estimates(PS&E)necessary for the development of the Project. The PS&E shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State. b. The engineering plans shall be developed in accordance with the Texas Department of Transportation Roadway Design Manual,the current edition of the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. A project development schedule of design activities shall be supplied to the TOOT Georgetown Area Engineer office upon initiation of the Project c. The Local Government shall submit a copy of the redlined plans provided by the State with all applicable plan submittals to indicate that QC/QA was undertaken. d.The Local Government shall submit the completed PS&E to the State for review and approval a minimum of twenty weeks prior to the beginning of construction work. 3. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed,or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA AFA VOITIP Page 2 of 3 Attachment A CSJ#0015-09-166 District# 1 -Austin Code Chart 64#36750 Project:IH 35 Frontage Roads 4. Right of Way and Real Property Acquisition Right-of-way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. The Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title 11 and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(8). Documentation to support compliance must be maintained and made available to the State and its representatives for review and inspection. 5. Construction Responsibilities a.The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments or additional work orders which may become necessary subsequent to the award of the construction contract. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c.The State will award the contract up to a cost equal to 20%over the latest Engineer's Estimate. The Local Government shall be responsible for 100%of the construction costs of any contract so awarded. AFA-AFA VoITIP Page 3 of 3 Attachment A ROUNDROCK,' ERAS City Council Agenda Summary Sheet F, PMOKERn Agenda Item No. 9D8. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the IH 35 Frontage Road from US 79 to Agenda Caption: FM 34606 Project. Meeting Date: January 26, 2012 Department: Transportation Staff Person making presentation: Gary Hudder Transportation Director Item Summary: The City Council adopted the 5 Year Capital Improvement Plan at the August, 2011 retreat, and subsequently approved funding for the program at their September 22, 2011 regular meeting. One of the projects included in this program is the IH 35 Ramp Reversals project - this project consists of relocating the entrance and exit ramps and adding an auxiliary lane to the IH 35 frontage roads between FM 3406 and US 79. This project has been identified as the top priority in the 5 Year Capital Improvement Plan, because it will significantly increase accesses to businesses and property along the frontage road, it will reduce congestion at associated intersections, and it will reduce congestion on the IH 35 main-lanes by eliminating the bottleneck caused by consecutive on ramps north of US 79. This item is an Advance Funding Agreement with the Texas Department of Transportation - this agreement is a TxDOT requirement which delineates the responsibilities of the participating parties when a local government performs work on the state roadway system. This agreement identifies that the City will be providing all necessary engineering documents and funding for the construction of the improvements. The actual construction project will be managed by TxDOT. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW t♦ CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project: IH 35 Frontage Roads STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the"State', and the City of Round Rock, acting by and through its duly authorized officials, 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 Omer Number 112696 authorizes the State to undertake and complete a highway improvement generally described as upgrade frontage roads and reconfigure ramps; 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 upgrading frontage roads and reconfigure ramps on IH 35 from US 79 to FM 3406, 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 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 in this agreement has been completed and accepted by all panties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. 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. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Worts Responsibilities, also specifies those Project items of work that AFA AFA VoITIP Page 1 of 5 Revised 04/01/11 .a ,t CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project:1H 35 Frontage Roads are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. 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. C. 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. D. 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 Govemmenrs contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government 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. 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. 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. 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. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 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. 8. 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 AFA AFA VoITIP Page 2 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project:lH 35 Fronts e� Roads 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 in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. 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 wont, 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 thirty(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 accordance with Article 11 —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. B. 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. 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. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. 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. C. 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 5 Revised 04/01111 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project: IH 35 Frontage Roads 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: City of Round Rock Director of Contract Services Attn: City Manager Texas Department of Transportation 2008 Enterprise 125 E. 11th Street Round Rock, Texas 78664 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. 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. 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. 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. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 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. 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 AFA-AFA VoITIP Page 4 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project:1H 35 Frontage Roads 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. TH LOCAL G VERNMENT Si nature Me-- Typed or Printed Nanie 1 y 1A1� Title 1 , 26- Date TH STATE OF T S So th Regi I pportenter Di ctor 2 Date AFA-AFA VoITIP Page 5 of 5 Revised 04/01/11 CSJ#0015-09-166 District# 14-Austin Code Chart 64#36750 Project;IH 35 Fronts e� Roads ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES r nvironmental (by Local 20,000.00 6 0 100°x6 20,000.00 ovemment ight of Way(by Local 0.00 % 0 % 0 % 0 ovemment tilities(by Local 480,000.00 % 0 % 0 100% r 480,000.00 ovemment ngineering 1,000,000.00 % 0 % 0 100% 1,000,000.00 b Local Government) onstruction 7,000,000.00 % 0 % 0 100% 7,000,000.00 b State i '. .r Environm. 12,152.80 % 0 100% $ 12,152.80 % 0 irect State sts 20% Direct State Right of Way 12,152.80 % 0 100% $ 12,152.80 % 0 Cost for irect State Prelim. sts 20% ngmeer. 24,305.60 % 0 100% 24,305.60 % 0 Engineer. $60,764 'rest State osts 40% 'lity Direct 12,152.80 % 0 100% $ 12,152.80 % 0 tate Costs 20% nstruction Engineering 411,371.00 % 0 100% $ 411,371.00 % 0 by State nstruction Direct State 45,251.00 % 0 100% $ 45,251.00 % 0 oats ndirect State Costs 647,856.67 % 0 100% $ 647,856.67 % Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $7,000,000.00 Estimated total payment by the Local Government to the State$7,000,000.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-AFA VoITIP Page 1 of 3 Attachment A CSJ#0015-09-166 • District# 14-Austin Code Chart 64#36750 Project:IH 35 Frontage Roads Work Responsibilities: 1. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. 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 b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project Coordination shall be through the TOOT Austin District Environmental Coordinator at(512)832-7168. e. The Local Government shall provide the State with written documentation from appropriate regulatory agency(ies)that identified environmental clearance has been obtained, prior to beginning work. 2. Engineering Services a. The Local Government shall prepare or cause to be prepared the engineering plans, specifications, and estimates (PS&E)necessary for the development of the Project. The PS&E shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State. b. The engineering plans shall be developed in accordance with the Texas Department of Transportation Roadway Design Manual,the current edition of the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. A project development schedule of design activities shall be supplied to the TOOT Georgetown Area Engineer office upon initiation of the Project c. The Local Government shall submit a copy of the redlined plans provided by the State with all applicable plan submittals to indicate that QC/QA was undertaken. d. The Local Government shall submit the completed PS&E to the State for review and approval a minimum of twenty weeks prior to the beginning of construction work. 3. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA AFA VoITIP Page 2 of 3 Attachment A CSJ#0015-09-166 District# 1 -Austin Code Chart 64#36750 Project:1H 35 Frontage Roads 4. Right of Way and Real Property Acquisition Right-of-way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. The Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(8). Documentation to support compliance must be maintained and made available to the State and its representatives for review and inspection. 5. Construction Responsibilities a.The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments or additional work orders which may become necessary subsequent to the award of the construction contract. b.The State will use its approved contract letting and award procedures to let and award the construction contract. c.The State will award the contract up to a cost equal to 20% over the latest Engineer's Estimate. The Local Government shall be responsible for 100%of the construction costs of any contract so awarded. AFA-AFA VoITIP Page 3 of 3 Attachment A