R-12-08-23-F3 - 8/23/2012 RESOLUTION NO. R-12-08-23-F3
WHEREAS, the City of Round Rock ("City") desires to construct a public hike and bike trail
on the former MoKan Railroad right of way located approximately .25 mile south of US 79 and 2.5
miles east of IH 35; and
WHEREAS, a Multiple Use Agreement with the Texas Department of Transportation will
permit the City to construct, maintain and operate the hike and bike trail; and
WHEREAS, the City Council wishes to approve said Agreement, 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 a Multiple
Use Agreement with the Texas Department of Transportation, 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 23rd day of August, 2012.
City of Round Rock, Texas M
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SARA L. WHITE, City Clerk
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EXHIBIT
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Form 2044 (Rev.04/2010)
(GSD-EPC)
Page 1 of 8
MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and the City of Round Rock,
hereinafter called the "City," party of the second part, is to become effective when fully executed by
both parties.
WITNESSETH
WHEREAS, on the day of , 2012, the governing body for the City, entered
into Resolution/Ordinance No. hereinafter identified by reference, authorizing the
City's participation in this agreement with the State; and
WHEREAS, the City has requested the State to permit the construction, maintenance and
operation of a public hike and bike trail on the former MoKan Railroad right of way located
approximately .25 mile south of US 79 and 2.5 miles east of IH 35, shown graphically by the
preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and
bounds of Exhibit "B", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that the City will enter into agreements with the state for the
purpose of determining the respective responsibilities of the City and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.
AGREEMENT
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, it is agreed as follows:
1. DESIGN AND CONSTRUCTION
The City will prepare or provide for the construction plans for the facility, and will provide for the
construction work as required by said plans at no cost to the State. Said plans shall include the
design of the access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compliance with applicable structural
design standards, sufficient traffic control provisions, and general layout. They shall also delineate
and define the construction responsibilities of both parties hereto. Completed plans will be submitted
to State for review and approval and when approved shall be attached to the agreement and made a
part thereof in all respects. Construction shall not commence until plans have been approved by the
State. Any future revisions or additions shall be made after prior written approval of the State.
Form 2044 (Rev.04/2010)
Page 2 of 8
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.
5. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of the City. Such
responsibility shall not be transferred, assigned or conveyed to a third party without the advanced
written approval of the State. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable
dripping, droppings or discharge of any kind, including rain or snow.
6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period. The City shall maintain all books, documents, papers, accounting
records and other evidence pertaining to fees collected and costs (hereinafter called the
Records). The City shall make the records available during the term of the Agreement and for
four years from the date the Agreement is terminated, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
3
B. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration,.the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to the City's records that are directly pertinent
to this Agreement for the purpose of making audits and examinations.
Form 2044 (Rev.04/2010)
Page 3 of 8
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate.
8. MODIFICATIONITERMI NATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be : (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.
10. RESTORATION OF AREA
The City shall provide written notification to the State that such facility will be discontinued for the
purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear
the area of all facilities that were its construction responsibility under this agreement and restore the
area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.
12. INDEMNIFICATION
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.
When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the State's written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility, and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.
Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and the City. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State and the City shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused the City to pay or disburse any sum of money hereunder.
Form 2044 (Rev.04/2010)
Page 4 of 8
13. HOLD HARMLESS
The City shall indemnify and save harmless the State and its officers and employees from all claims
and liability due to its materials or activities of itself, its agents, or employees, performed under this
agreement and that are caused by or result from error, omission, or negligent act of the party or of
any person employed by the party. The City shall also indemnify and save harmless the State from
any and all expense, including but not limited to attorney fees that may be incurred by the State in
litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of
such activities by the City, its agents, or employees authorized under this agreement. The City
further agrees to indemnify and save harmless the State from and against all claims, demands, and
causes of action of every kind and character brought by any employee of the party against the State
due to personal injuries and/or death to such employee resulting from any alleged negligent act by
either commission or omission on the part of the City. The indemnification of the State shall extend for
a period of three (3) years beyond the date of termination of this agreement.
14. INSURANCE
The City, shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance and operation of the facility occupying such airspace or thereafter, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so.
Prior to beginning work on the State's right of way, the City's construction contractor shall submit to
the State a completed insurance-form (TxDOT Form No. 1560) and shall maintain the required
coverage during the construction of the facility.
15. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State's
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
16. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The City shall be responsible
for obtaining such additional consent, permits or agreement as may be necessary due to this
agreement. This includes, but is not limited to, appropriate permits and clearances for environmental,
ADA and public utilities.
17. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal-Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
18. CIVIL RIGHTS ASSURANCES
The City, for itself, its personal representatives, successors and interests and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)
no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facility; (2) that in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation in, denied the
Form 2044 (Rev.0412010)
Page 5 of 8
benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
19. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
20. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
21. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. The City must
provide the State with access to any information the State considers relevant to the investigation or
audit. The audit can include, but is not limited to, any contract for construction or maintenance of any
facility or structure authorized by this agreement or any contract to provide a service to the City if that
service is authorized by this agreement.
22. AUTHORITY OF 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.
Form 2044 (Rev.04/2010)
Page 6 of 8
23. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE CITY
(Mailing Address) (Mailing Address)
Texas Department of Transportation City of Round Rock
Maintenance Division 221 East Main Street
125 East 11th Street Round Rock, Texas 78664
Austin, Texas 78701-2483
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A- General Layout
Exhibit B - Metes and Bounds Description
Exhibit C -Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E -Attachment A (FHWA Additional Requirements)
Form 2044 (Rev.04/2010)
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the
day of , 2012, and the State on the day of , 2012.
City of Round Rock STATE OF TEXAS
(Name of other party) Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
By: the orders, and established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Title Commission.
Printed Name
By:
Director, Maintenance Division
Date
Howard Holland, P.E.
Printed Name
Date
APPROVAL RECOMMENDED:
District Engineer
Carlos A. Lopez, P.E.
Printed Name
Date
Forth 2044 (Rev.04/2010)
Page 8 of 8
ATTACHMENT A
Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements
as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.
1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.
EXHIBIT E
SUPPORTING
RESOLUTION or ORDINANCE
EXHIBIT A
General Layout and Location
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Proposed Construction Plans
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THIS DOCUMENT IS RELEASED
FOR THE PURPOSE OF
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THE AUTHORITY OF
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P.E.#93759 ON 10Ju412
50'LIMITS OF CONSTRUCTION(TYP.) IT IS NOT TO BE USED
FOR PERMITTING,BIDDING,
(UNLESS OTHERWISE SHOWN) OR CONSTRUCTION.
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EXHIBIT C
Approved Construction Plans
To be made part of document prior to beginning of construction
EXHIBIT D
Certificate of Insurance (TxDOT Form 1560)
To be made part of document prior to beginning of construction
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EXHIBIT E
Attachment A (FHWA Additional Requirements)
To be made part of document if applicable
ROUND ROCK,TEMS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERM.
Agenda Item No. F3.
Consider a resolution authorizing the Mayor to execute a Multiple Use Agreement with
Agenda Caption: the Texas Department of Transportation (TXDOT) regarding the Brushy Creek Trail Project.
Meeting Date: August 23, 2012
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
The Brushy Creek Trail Gap Project will complete a segment of the trail between the Sonoma subdivision and A.W.
Grimes Boulevard. The trail will make use of a ten foot sidewalk currently being constructed on Kenney Fort
Boulevard over Brushy Creek, before proceeding west past the All Abilities Park and connecting to existing facilities
at A.W. Grimes Boulevard. Along this route, the trail crosses the MoKan right-of-way, which is owned by the Texas
Department of Transportation (TxDOT). In order to cross their right-of-way, TxDOT requires that the City sign a
Multiple Use Agreement to allow the placement of the trail on their property.
Funding for the trail is provided via $2,360,000 in funding secured from the Capital Area Metropolitan Planning
Organization,$400,000 from Williamson County and$190,000 from the City.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing(if required): N/A
Recommended Action: Approval
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EXECUTED
ORIGINAL
DOCUMENT
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Form 2044 (Rev.04/2010)
(GSD-EPC)
Page 1 of 8
MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and the City of Round Rock,
hereinafter called the "City," party of the second part, is to become effective when fully executed by
both parties.
WITNESSETH
WHEREAS, on the 2:&O'day of , 2012 the overnin bod for h
-6 MA4 y y t e City, entered
into Resolution/Ordinance No. ' Z�tX1j-Z3,- 3, hereinafter identified by reference, authorizing the
City's participation in this agreement with the State; and
WHEREAS, the City has requested the State to permit the construction, maintenance and
operation of a public hike and bike trail on the former MoKan Railroad right of way located
approximately .25 mile south of US 79 and 2.5 miles east of IH 35, shown graphically by the
preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and
bounds of Exhibit "B", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that the City will enter into agreements with the state for the
purpose of determining the respective responsibilities of the City and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and a
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
1. DESIGN AND CONSTRUCTION
The City will prepare or provide for the construction plans for the facility, and will provide for the
construction work as required by said plans at no cost to the State. Said plans shall include the
design of the access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compliance with applicable structural
design standards, sufficient traffic control provisions, and general layout. They shall also delineate
and define the construction responsibilities of both parties hereto. Completed plans will be submitted
to State for review and approval and when approved shall be attached to the agreement and made a
part thereof in all respects. Construction shall not commence until plans have been approved by the
State. Any future revisions or additions shall be made after prior written approval of the State.
Form 2044 (Rev.04/2010)
Page 2 of 8
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.
5. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of the City. Such
responsibility shall not be transferred, assigned or conveyed to a third party without the advanced
written approval of the State. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable
dripping, droppings or discharge of any kind, including rain or snow.
6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period. The City shall maintain all books, documents, papers, accounting
records and other evidence pertaining to fees collected and costs (hereinafter called the
Records). The City shall make the records available during the term of the Agreement and for
four years from the date the Agreement is terminated, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
B. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration,.the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to the City's records that are directly pertinent
to this Agreement for the purpose of making audits and examinations.
Form 2044 (Rev.04/2010)
Page 3 of 8
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate.
8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be : (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.
10. RESTORATION OF AREA
The City shall provide written notification to the State that such facility will be discontinued for the
purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear
the area of all facilities that were its construction responsibility under this agreement and restore the
area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.
12. INDEMNIFICATION
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.
When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the State's written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility, and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.
Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and the City. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State and the City shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused the City to pay or disburse any sum of money hereunder.
i
i
Form 2044 (Rev.04/2010)
Page 4 of 8
13. HOLD HARMLESS
The City shall indemnify and save harmless the State and its officers and employees from all claims
and liability due to its materials or activities of itself, its agents, or employees, performed under this
agreement and that are caused by or result from error, omission, or negligent act of the party or of
any person employed by the party. The City shall also indemnify and save harmless the State from
any and all expense, including but not limited to attorney fees that may be incurred by the State in
litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of
such activities by the City, its agents, or employees authorized under this agreement. The City
further agrees to indemnify and save harmless the State from and against all claims, demands, and
causes of action of every kind and character brought by any employee of the party against the State
due to personal injuries and/or death to such employee resulting from any alleged negligent act by
either commission or omission on the part of the City. The indemnification of the State shall extend for
a period of three (3) years beyond the date of termination of this agreement.
14. INSURANCE
The City, shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance and operation of the facility occupying such airspace or thereafter, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so.
Prior to beginning work on the State's right of way, the City's construction contractor shall submit to
the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required
coverage during the construction of the facility.
15. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State's
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
16. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The City shall be responsible
for obtaining such additional consent, permits or agreement as may be necessary due to this
agreement. This includes, but is not limited to, appropriate permits and clearances for environmental,
ADA and public utilities.
17. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal-Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
18. CIVIL RIGHTS ASSURANCES
The City, for itself, its personal representatives, successors and interests and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)
no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facility; (2) that in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation in, denied the
Form 2044 (Rev.04/2010)
Page 5 of 8
benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
19. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
20. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
21. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. The City must
provide the State with access to any information the State considers relevant to the investigation or
audit. The audit can include, but is not limited to, any contract for construction or maintenance of any
facility or structure authorized by this agreement or any contract to provide a service to the City if that
service is authorized by this agreement.
22. AUTHORITY OF 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.
Form 2044 (Rev.04/2010)
Page 6 of 8
23. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE CITY
(Mailing Address) (Mailing Address)
Texas Department of Transportation City of Round Rock
Maintenance Division 221 East Main Street
125 East 11th Street Round Rock, Texas 78664
Austin, Texas 78701-2483
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A- General Layout
Exhibit B - Metes and Bounds Description
Exhibit C -Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E -Attachment A (FHWA Additional Requirements)
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Form 2044 (Rev.04/2010)
Page 7 of 8
IN WIT ESS WHEREOF, the parties have hereunto affixed th 'r signature the City on the
day of , 2012, and the State on the �P -day of� , 2012.
City of Round Rock STATE OF TEXAS
(Name of other party) Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
By. the orders, and established policies or work
programs heretofore approved and
IVI�vrOR. PAO -'lem authorized by the Texas Transportation
Title Commission.
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Printed Name
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Director, aintenance ivision E
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Howard Holland, P.E. F
Printed Name
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APP OVAL RECOMMENDED:
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Carlos A. Lopez, P:E.
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Form 2044 (Rev.04/2010)
Page 8 of 8
ATTACHMENT A
Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements
as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.
1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.
EXHIBIT E
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SUPPORTING
RESOLUTION or ORDINANCE
EXHIBIT A
General Layout and Location
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Proposed Construction Plans
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BRUSHY CREEK
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LEGEND MOKAN CROSSING
PROPOSED Brushy Creek Regional Trail Gaps Project ,
10 FT. CONCRETE TRAIL City of Round Rock,Texas
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EXISTING WATER STORAGE
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THIS DOCUMENT IS RELEASED
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ANTONIO A.PRETE,
P.E.#93759 ON 10-Jul-1 2
50'LIMITS OF CONSTRUCTION(TYP.) IT IS NOT TO BE USED
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Approved Construction Plans
To be made part of document prior to beginning of construction
EXHIBIT D
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Certificate of Insurance (TxDOT Form 1560)
To be made part of document prior to beginning of construction
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EXHIBIT E
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