R-12-09-13-G5 - 9/13/2012 i
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RESOLUTION NO. R-12-09-13-G5 t
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WHEREAS, the City of Round Rock ("City") wishes to enter into an Advance Funding
Commitment Agreement with Autobuilders General Contracting, Inc. regarding the relocation of
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electrical services on the IH-35 northbound frontage road north of FM 3406,Now Therefore t
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 tz
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Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
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purposes. E
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
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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 13th day of September, 2012.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
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ATTEST:
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SARA L:VHITE, City Clerk
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EXHIBIT
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ADVANCE FUNDING COMMITMENT AGREEMENT
This ADVANCE FUNDING COMMITMENT AGREEMENT("Agreement")is made by
and between AUTOBUILDERS GENERAL CONTRACTING, INC., hereinafter called the r
"Developer", and the CITY OF ROUND ROCK, TEXAS, acting by and through their duly
authorized officials,hereinafter called the"City".
WITNESSETH:
WHEREAS,the City has or will have entered into an Advanced Funding Agreement with the Texas €'
Department of Transportation ("Advanced Funding Agreement") regarding the relocation of
electrical services(poles and meters)on the IH 35 northbound frontage road north of FM 3406(the
"Project"), and
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WHEREAS, the Advanced Funding Agreement contemplates the expenditure of approximately x
$30,500 for the Project, and
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WHEREAS,TxDOT,through the Advanced Funding Agreement,has or will have agreed to assume
responsibility for the construction of the Project, and
WHEREAS,the City,through the Advanced Funding Agreement,has or will have committed to be
responsible for funding all costs of the Project("Project Costs"), and
WHEREAS, the Developer desires to enter into this Agreement to facilitate and expedite the
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construction of the Project,which will greatly enhance the value of Developer's adjacent property,
and
WHEREAS, by this Agreement, the Developer agrees to fund one hundred percent (100%) of the a
Project Costs.
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,
Developer and the City do agree as follows:
AGREEMENT r
Article 1. Effective Date
This Agreement becomes effective when signed by the last party whose signature makes the z
agreement fully executed.
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Page 1 of 5
Article 2. Developer Funding Responsibilities
Developer agrees to remit to the City one hundred percent (100%) of Project Costs, as defined
herein ("Developer Participation"). At this time, it is estimated that the Project Costs will be
approximately$30,500.At least seventy(70)days prior to the date set for receipt of the construction
bids, Developer shall remit to the City$30,500.
Article 3. Compliance with Conditions of Advanced Funding Agreements between Cityaand
TxDot
Developer acknowledges that the City is entering into an Advanced Funding Agreement
with TxDot for the payment of Project Costs. All of the terms and conditions in said Advanced
Funding Agreement are incorporated into this Agreement,said Advanced Funding Agreement being
attached hereto as Exhibit"A".
Article 4. Project Costs
Project Costs shall mean all of the all those items listed in Attachment"A"of the Advanced
Funding Agreement and other Project items included in the Advanced Funding Agreement that are
the responsibility of the City, including,but not limited to, relocation of utilities and right-of-way
acquisition costs. All change orders, if any, shall be included in the Project Costs.
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Article 5. Miscellaneous. t
5_1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement,and to aid and assist
each other in carrying out such terms and provisions of this Agreement.
5_2 Representations and Warranties. The City represents and warrants to the Developer that ='
this Agreement is within its authority, and that it is duly authorized and empowered to
enter into this Agreement,unless otherwise ordered by a court of competent jurisdiction.
Developer represents and warrants to the City that it has the requisite authority to enter }
into this Agreement.
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5_3 Default. If either the City or the Developer should default in the performance of any
obligations of this Agreement,the other party shall provide such defaulting party written
notice of the default,and a minimum period of thirty(30)days to cure such default,prior
to instituting an action for breach or pursuing any other remedy for default. If either party
fails to cure any default, then this Agreement shall be terminated automatically and any
unexpended Project Cost payments shall be refunded to the Developer.
5_4 Attorney's Fees. In the event any legal action or proceeding is commenced between the
City and the Developer to enforce provisions of this Agreement and recover damages for
breach,the prevailing party in such legal action shall be entitled to recover its reasonable
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attorney's fees and expenses incurred by reason of such action, to the extent allowed by
law.
5_5 Entire Agreement. This Agreement contains the entire agreement between the parties.
This Agreement may only be amended,altered or revoked by written instrument signed by
the City and the Developer.
5_6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties,
their respective successors and assigns.
5_7 Assigunment. Developer may not assign all or part of its rights and obligations to a third
party without the written consent of the City.
5_8 Amendment. This Agreement may be amended by the mutual written agreement of the
parties.
5_9 Termination. The City may terminate this Agreement if, in its own determination, it is
unable or unwilling to participate in the Project,unless Developer has remitted payment as
required in Article 2,herein.
5.10 Notice. Any notice and or statement required and permitted to be delivered shall be
deemed delivered by actual delivery,facsimile with receipt of confirmation,or by depositing the
same in the United States mail, certified with return receipt requested, postage prepaid,
addressed to the appropriate party at the following addresses:
Developer:
Autobuilders General Contracting
c/o Steve Meyer
1301 Central Texas Expressway South, Suite 220
Allen, Texas 75013
City: Steve Norwood, City Manager
City of Round Rock
221 East Main St.
Round Rock,TX 78664
Ph: (512) 218-5401
Fx: (512) 218-7097
with a copy to: Steve Sheets, City Attorney
221 East Main St.
Round Rock,TX 78664
Ph: (512) 255-8877
Fx: (512) 255-8986
Page 3 of 5
Either party may designate a different address at any time upon written notice to the
other party.
5.10 Interpretation. Each of the parties has been represented by counsel of their choosing
in the negotiation and preparation of this Agreement. Regardless of which party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute,
however its meaning or application,be interpreted fairly and reasonably and neither more
strongly for or against any party.
5.11 Applicable Law. This Agreement is made, and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County,Texas.
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5.12 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws, and in that event, it is the intention of the
parties that the remainder of this Agreement shall not be affected. It is also the intention
of the parties of this Agreement that in lieu of each clause and provision that is found to
be illegal,invalid or unenforceable,a provision be added to this Agreement which is legal,
valid or enforceable and is as similar in terms as possible to the provision found to be
illegal, invalid or unenforceable.
5.13 Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various
and several paragraphs.
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5.14 No Third Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges or causes of action upon any third party.
5.15 Exhibit. The following Exhibit"A"is attached and incorporated by reference for all
purposes:
Exhibit"A": Advance Funding Agreement
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5.16 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof
are not intended to and shall not be deemed to create any partnership or joint venture
among the parties. The City, its past, present and future officers, elected officials,
employees and agents of the City,do not assume any responsibilities or liabilities to any
third party in connection with the development of the Project or the design,construction
or operation of any portion of the Project.
Page 4 of 5
IN WITNESS WHEREOF,DEVELOPER AND THE CITY have executed duplicate counterparts to
effectuate this Agreement.
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AUTOBUILDE N ONTRACTING
By:
The City of Round Rock,Texas
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By:
Date:
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1PROUND ROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE PASSION.PROSPERITY.
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Agenda Item No. G5.
Consider a resolution authorizing the Mayor to execute an Advance Funding Commitment
Agreement with Autobuilders General Contracting, Inc. regarding the relocation of
Agenda Caption: electrical services on the IH-35 northbound frontage road north of FM 3406 Project.
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Meeting Date: September 13, 2012 i
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Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
This item is related to the Advance Funding Agreement with the Texas Department of Transportation (TxDOT)
regarding the construction of the Hyundai Dealership located on the IH-35 north frontage road just north of Old
Settlers Boulevard. The driveway at this development requires the relocation of the electrical service for the traffic
signal at IH-35 and Old Settlers Boulevard. The developer has committed to pay for the relocation of these electrical
services; however, TxDOT will not contract with a private developer, they will only contract with the local
government. Signing the attached Advance Funding Commitment Agreement will commit the developer to
providing these funds to the City. The City will in turn execute an Advanced Funding Agreement with TxDOT to
complete this work.
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Cost: Funding to be received: $30,530
Recommended Action: Approval
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ADVANCE FUNDING COMMITMENT AGREEMENT
This ADVANCE FUNDING COMMITMENT AGREEMENT("Agreement")is made by
and between AUTOBUILDERS GENERAL CONTRACTING, INC., hereinafter called the
"Developer", and the CITY OF ROUND ROCK, TEXAS, acting by and through their duly
authorized officials,hereinafter called the"City".
WITNESSETH:
WHEREAS,the City has or will have entered into an Advanced Funding Agreement with the Texas
Department of Transportation ("Advanced Funding Agreement") regarding the relocation of
electrical services(poles and meters)on the IH 35 northbound frontage road north of FM 3406(the
"Project"), and
WHEREAS, the Advanced Funding Agreement contemplates the expenditure of approximately
$30,500 for the Project, and
WHEREAS,TxDOT,through the Advanced Funding Agreement,has or will have agreed to assume
responsibility for the construction of the Project, and
WHEREAS,the City,through the Advanced Funding Agreement,has or will have committed to be
responsible for funding all costs of the Project ("Project Costs"), and
WHEREAS, the Developer desires to enter into this Agreement to facilitate and expedite the
construction of the Project, which will greatly enhance the value of Developer's adjacent property,
and
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WHEREAS, by this Agreement, the Developer agrees to fund one hundred percent (100%) of the
Project Costs.
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,
Developer and the City do agree as follows:
AGREEMENT
Article 1. Effective Date
This Agreement becomes effective when signed by the last party whose signature makes the z
agreement fully executed.
Page 1 of 5
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Article 2. Developer Funding Responsibilities
Developer agrees to remit to the City one hundred percent (100%) of Project Costs, as defined
herein ("Developer Participation"). At this time, it is estimated that the Project Costs will be
approximately$30,500.At least seventy(70)days prior to the date set for receipt of the construction
bids, Developer shall remit to the City$30,500.
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Article 3. Compliance with Conditions of Advanced Funding Agreements between Cites
TxDot
Developer acknowledges that the City is entering into an Advanced Funding Agreement
with TxDot for the payment of Project Costs. All of the terms and conditions in said Advanced
Funding Agreement are incorporated into this Agreement,said Advanced Funding Agreement being
attached hereto as Exhibit"A".
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Article 4. Project Costs
Project Costs shall mean all of the all those items listed in Attachment"A"of the Advanced
Funding Agreement and other Project items included in the Advanced Funding Agreement that are
the responsibility of the City, including, but not limited to, relocation of utilities and right-of-way
acquisition costs. All change orders, if any, shall be included in the Project Costs.
Article 5. Miscellaneous.
5_1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement, and to aid and assist
each other in carrying out such terms and provisions of this Agreement.
5_2 Representations and Warranties. The City represents and warrants to the Developer that
this Agreement is within its authority, and that it is duly authorized and empowered to
enter into this Agreement,unless otherwise ordered by a court of competent jurisdiction.
Developer represents and warrants to the City that it has the requisite authority to enter
into this Agreement.
5_3 Default. If either the City or the Developer should default in the performance of any s
obligations of this Agreement,the other party shall provide such defaulting party written
notice of the default,and a minimum period of thirty(30)days to cure such default,prior
to instituting an action for breach or pursuing any other remedy for default. If either party
fails to cure any default, then this Agreement shall be terminated automatically and any
unexpended Project Cost payments shall be refunded to the Developer.
5_4 Attorney's Fees. In the event any legal action or proceeding is commenced between the
City and the Developer to enforce provisions of this Agreement and recover damages for
breach,the prevailing party in such legal action shall be entitled to recover its reasonable
Page 2 of 5
attorney's fees and expenses incurred by reason of such action, to the extent allowed by
law.
5.5 Entire Agreement. This Agreement contains the entire agreement between the parties.
This Agreement may only be amended,altered or revoked by written instrument signed by
the City and the Developer.
5.6 BindingEffect.ffect. This Agreement shall be binding on and inure to the benefit of the parties,
their respective successors and assigns.
5.7 Assignment. Developer may not assign all or part of its rights and obligations to a third
party without the written consent of the City.
5_8 Amendment. This Agreement may be amended by the mutual written agreement of the
parties.
5_9 Termination. The City may terminate this Agreement if, in its own determination, it is
unable or unwilling to participate in the Project,unless Developer has remitted payment as {
required in Article 2, herein.
5.10 Notice. Any notice and or statement required and permitted to be delivered shall be
deemed delivered by actual delivery,facsimile with receipt of confirmation,or by depositing the
same in the United States mail, certified with return receipt requested, postage prepaid,
addressed to the appropriate party at the following addresses:
Developer:
Autobuilders General Contracting
c/o Steve Meyer
1301 Central Texas Expressway South, Suite 220
Allen, Texas 75013
City: Steve Norwood, City Manager
City of Round Rock
221 East Main St.
Round Rock, TX 78664
Ph: (512) 218-5401
Fx: (512) 218-7097
with a copy to: Steve Sheets, City Attorney
221 East Main St.
Round Rock, TX 78664
Ph: (512) 255-8877
Fx: (512) 255-8986
Page 3 of 5
Either party may designate a different address at any time upon written notice to the
other party.
5.10 Interpretation. Each of the parties has been represented by counsel of their choosing
in the negotiation and preparation of this Agreement. Regardless of which party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute,
however its meaning or application,be interpreted fairly and reasonably and neither more
strongly for or against any party.
5.11 Applicable Law. This Agreement is made, and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County, Texas.
5.12 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws, and in that event, it is the intention of the
parties that the remainder of this Agreement shall not be affected. It is also the intention
of the parties of this Agreement that in lieu of each clause and provision that is found to
be illegal,invalid or unenforceable,a provision be added to this Agreement which is legal,
valid or enforceable and is as similar in terms as possible to the provision found to be
illegal, invalid or unenforceable.
5.13 Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various
and several paragraphs.
5.14 No Third Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges or causes of action upon any third party.
5.15 Exhibit. The following Exhibit"A"is attached and incorporated by reference for all
purposes:
Exhibit"A": Advance Funding Agreement
5.16 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof
are not intended to and shall not be deemed to create any partnership or joint venture 4
among the parties. The City, its past, present and future officers, elected officials,
employees and agents of the City, do not assume any responsibilities or liabilities to any
third party in connection with the development of the Project or the design, construction
or operation of any portion of the Project.
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IN WITNESS WHEREOF,DEVELOPER AND THE CITY have executed duplicate counterparts to
effectuate this Agreement.
AUTOBUIL RAL CONTRACTING
By: `�Z
The City of Round Rock, Texas
By:
Date:
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EXHIBIT CSJ#6222-18-001
"All District# 14-Austin
Code Chart 64#36750
Project: Relocate Electrical Service
On IH 35 NB Frontaie Rd.
North of FM 3406 k
STATE OF TEXAS §
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COUNTY OF TRAVIS §
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ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH r
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THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas E
Department of Transportation, called the"State", and the City of Round Rock, acting by and through {
its duly authorized officials, called the"Local Govemment."
WITNESSETH }
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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,
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WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, s
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 113161 authorizes the State to undertake and 6
complete a highway improvement generally described as maintain existing IH 35 frontage road; and,
WHEREAS,the Local Government has requested that the State allow the Local Government to
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participate in said improvement by funding that portion of the improvement described as relocating
electrical services (pole and meter relocate) on IH 35 northbound frontage road north of FM 3406, s
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 j
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 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 p
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
AFA-AFA VoITIP Page 1 of 6 Revised 04/01/11
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CSJ#6222-18-001
District# 14-Austin j
Code Chart 64#36750
Project:Relocate Electrical Service E
On IH 35 NB Frontage Rd.
North of FM 3406 s
addition to identifying those items of work paid for by payments to the State, Attachment A, it
Payment Provision and Work Responsibilities, also specifies those Project items of work that
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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. e
C. In the event that the State determines that additional funding by the Local Government is i
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 J x
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 Government's '
contractual obligations to the State under another advance funding agreement with approval
by appropriate personnel of the Local Government. r x
3. Right of Access t
If the Local Government is the owner of any part of the Project site, the Local Government shall s
permit the State or its authorized representative access to the site to perform any activities i
required to execute the work. '
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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 i
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 t
estimate including types of activities and month in the format required by the State. This i
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.
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AFA-AFA VoITIP Page 2 of 6 Revised 04/01/11
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CSJ#6222-18-001
District# 14-Austin
Code Chart 64#36750
Project: Relocate Electrical Service
On IH 35 NB Frontage Rd.
North of FM 3406 t
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
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 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;
AFA-AFA VoITIP Page 3 of 6 Revised 04/01/11
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CSJ#6222-18-001
District# 14-Austin
Code Chart 64#36750
Project: Relocate Electrical Service
On IH 35 NB Frontage Rd.
North of FM 3406 j
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 k
Government will be responsible for the payment of Project costs incurred by the State on c
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.
12. Notices F
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 G
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: E r
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Local Government: State:
City of Round Rock Director of Contract Services
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Attn: City Manager Texas Department of Transportation
221 E. Main 125 E. 11� Street
9-;
Round Rock, Texas 78664 Austin, Texas 78701
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All notices shall be deemed given on the date so delivered or so deposited in the mail, unless s
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 i
notices shall be delivered personally or by certified U.S. mail and such request shall be honored 4
and carried out by the other party. I
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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. r
14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and r
administrators to the other party to this agreement and to the successors, executors, assigns, E
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. !
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AFA-AFA VoITIP Page 4 of 6 Revised 04/01/11 r
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CSJ#6222-18-001
District# 14-Austin
Code Chart 64#36750
Project:Relocate Electrical Service
On IH 35 NB Frontage Rd.
North of FM 3406 '
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16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the j
State directly under the contract or indirectly through a subcontract under the contract. E
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 I
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. s
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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 s
fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of
coverage in the amounts and types specified on the Certificate of Insurance for all persons and
entities working on State right of way. This coverage shall be maintained until all work on the
State right of way is complete. If coverage is not maintained, all work on State right of way shall i #'
cease immediately and the State may recover damages and all costs of completing the work. }
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18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on ;
behalf of the entity represented.
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AFA-AFA VoITIP Page 5 of 6 Revised 04/01/11
CSJ#6222-18-001
District# 14-Austin
Code Chart 64#36750 t
Project: Relocate Electrical Service
On IH 35 NB Frontage Rd.
North of FM 3406
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THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. x
THE LOCAL GOVERNMENT
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Signature
Typed or Printed Name
Title
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Date
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THE STATE OF TEXAS
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Cathy T. Floyd, CPA
South Regional Support Center Director
Date
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AFA-AFA VOITIP Page 6 of 6 Revised 04/01/11
CSJ#6222-18-001
District# 14-Austin y
Code Chart 64#36750 €
Project: Relocate Electrical Service
On 1H 35 NB Frontage Rd.
North of FM 3406
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ATTACHMENT A r
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will then be responsible for 100% of all costs, less direct and indirect State
costs.
Description otal Federal tate Participation Local Participation G
Estimated Partici a 'on '
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Cost % ost % Cost /o Cost
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onstruction $ 24,425 0% $0 0% $0 100% 24,425
b State
ubtotal 24,425 $0 $0 $ 24,425 onstruction Direct Direct State $ 6,105 0% 0 0% $0 100% $ 6,105
osts }
Indirect State Costs $ 1,775 0% $0 100%- $ 1,775 % $0 I
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7.27%
Subtotal 7,8801 $0 1,775 $ 6,105
OTAL 32,305 '$0 1,775 $ 30,530wd
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Initial payment by the Local Government to the State: $30,530.
Payment by the Local Government to the State before construction: $0.
Estimated total payment by the Local Government to the State $30,530. This is an estimate. s
The final amount of Local Government participation will be based on actual costs.
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Work Responsibilities: e
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1. Construction Responsibilities
The construction of the relocation of electrical services will be performed under the current State
maintenance contract.
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AFA AFA VOITIP Page 1 of 1 Attachment A
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