R-2014-1204 - 3/13/2014RESOLUTION NO. R-2014-1204
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for
Voluntary Local Government Contributions to Transportation Improvement Projects with No Required
Match ("Agreement") with the State of Texas, acting through the Texas Department of Transportation
regarding the University Boulevard Widening 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 13th day of March, 2014.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1404,00293500
EXHIBIT
A„
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, 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, 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 113675 authorizes the State to undertake and
complete a highway improvement generally described as Construct Diverging Diamond Intersection;
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 construction
of additional pavement along University Blvd., 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 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,
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Attachment A, Payment Provision and Work Responsibilities, also specifies those Project
items of work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
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 Government'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.
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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;
2. By either party upon the failure of the other party to fulfill the obligations set forth in this
agreement; or
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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.
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:
City of Round Rock
Attn: City Manager
221 E. Main
Round Rock, Texas 78664
State:
Director of Contract Services Office
Texas Department of Transportation
125 E. 11th Street
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
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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
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
District Engineer
Date
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District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will be responsible for 100% of the construction costs.
Description
Total
Estimated
Cost
Federal
Participation
State Participation
Local Participation
%
Cost
%
Cost
%
Cost
Construction (By State):
$223,065
0%
$0
0%
$0
100%
$223,065
Subtotal
$223,065
$0
$0
$223,065
Direct
State
Costs=
$4,461
Environmental
(30%)
$1,338
0%
$0
100%
$1,338
0%
$0
Engineering
(70%)
$3,123
o
0 /o
$0
0
100 /o
$3,123
0
0 /o
$0
Construction Direct State
Costs
$17,845
0%
$0
100%
$17,845
0%
$0
Indirect State Costs
(4.83%)
$10,774
0%
$0
100%
$10,774
0%
$0
Subtotal
$33,081
$0
$33,081
$0
TOTAL
$256,146
$0
$33,081
$223,065
Payment by the Local Government to the State before construction: $223,065
Estimated total payment by the Local Government to the State $223,065
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
Work Responsibilities
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 State 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 State 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 State is responsible for the preparation of the NEPA documents required for the
environmental clearance of this Project.
AFA-AFA_VoITIP Page 1 of 2 Attachment A
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
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 that may
become necessary subsequent to the award of the construction contract. In order to ensure
federal funding eligibility, projects must be authorized by the State prior to advertising for
construction.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. Prior to their execution, the Local Government will be given the opportunity to review contract
change orders that will result in an increase in cost to the Local Government.
D. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
E. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Subpart B.
AFA-AFA_VoITIP Page 2 of 2 Attachment A
EXHIBIT
RELOCATION AGREEMENT
Line L40-2-1
THIS AGREEMENT is between Atmos Energy Corporation ("Atmos"), 5420
LBJ Fwy, 17th Floor, Dallas, Texas 75240, and The City of Round Rock (Requestor),
located at 221 E. Main Street Round Rock, TX, and is effective as of the 27th day of
January, 2014.
RECITALS
Atmos owns and operates a 2 - inch diameter natural gas pipeline that
is located Round Rock, TX, in a 30' -wide easement as recorded in Vol.
741, Page 371, Deed Records, Williamson County, Texas (the
"Pipeline").
2. Requestor is currently planning construction activities (RM 1431 @I-35
DDI, Drawing 517-519, Dated 10/2013) that will conflict with the
Pipeline; therefore the Pipeline must be relocated at the actual cost
expense of Requestor.
3. An Atmos replacement 30' wide easement will be provided to
Requestor and must be executed by the landowner prior to relocation of
the Pipeline. Surveyed easement exhibits will be provided by
Requestor.
NOW THEREFORE, in consideration of these recitals and the mutual
promises in this Agreement, the sufficiency of which are acknowledged, Atmos and
Requestor agree as follows:
1. Atmos has prepared a good faith Ballpark Cost Estimate in the amount of
$312,827.12 to relocate the Pipeline and will provide a copy of said estimate to
Requestor.
2. Requestor agrees to pay this estimated amount to Atmos within thirty days
of receipt of the estimate.
3. Within thirty days following receipt of Requestor's payment of the estimate,
Atmos will begin, or cause others to begin, the relocation of the Pipeline.
4. Within 120 days of completion of the relocation of the Pipeline, Atmos will
provide Requestor with a detailed invoice of the actual cost of the relocation of the
Pipeline. If the actual cost is less than the deposit, Atmos will refund the difference to
Requestor at the time that invoice is provided to Requestor. If the actual cost is
greater that the deposit, Requestor will return payment of the difference to Atmos
within 30 days of receipt of Atmos Invoice.
5. Neither party to this Agreement may assign its rights or obligations under
this Agreement to any person without the prior written consent of the other party to
this Agreement. The provisions of this Agreement do not impart any rights
enforceable by any person, firm, or organization not a party or an assignee of a party
to this Agreement.
6. Any interpretation of this Agreement or any controversy related to this
Agreement is governed by the laws of the State of Texas.
7. No waiver by either party of any one or more defaults by the other party in
the performance of any provision of this Agreement operates as a waiver of any
future default or defaults, whether of a like or different character.
8. This Agreement represents the entire agreement of the parties concerning
the subject matter contained in this Agreement. No amendment or modification of
this Agreement will be effective unless evidenced in writing signed by both parties to
this Agreement.
SIGNED AS OF THE DATE FIRST WRITTEN ABOVE:
By:
Its:
2
Atmos Energy Corporation
By:
Bob Carroll
Its: Right of Way Manager
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bob Carroll, Right of Way Manager for Atmos
Energy Corporation, a Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated,
and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D., 20_.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of
, A.D., 20 .
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
3
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750 ° PY
Project: RM 1431 DDI
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, 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, 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 113675 authorizes the State to undertake and
complete a highway improvement generally described as Construct Diverging Diamond Intersection;
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 construction
of additional pavement along University Blvd., 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 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,
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Attachment A, Payment Provision and Work Responsibilities, also specifies those Project
items of work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
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 Government'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.
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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 maybe 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
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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.
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:
City of Round Rock
Attn: City Manager
221 E. Main
Round Rock, Texas 78664
State:
Director of Contract Services Office
Texas Department of Transportation
125 E. 11th Street
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
AFA-AFA VoITIP Page 4 of 5 Revised 01-23-2013
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750 OPY
Project: RM 1431 DDI
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
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
Sig -ture
NAP) hAr4;WAW
Typed or Printed Name
NA OY"
Title
Date
THE STATE OF TEXAS
District Engineer
Date
AFA-AFA VoITIP Page 5 of 5 Revised 01-23-2013
CSJ #1378-02-040 copy
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will be responsible for 100% of the construction costs.
Description
Total
Estimated
Cost
Federal
Participation
State Participation
Local Participation
%
Cost
%
Cost
%
Cost
Construction (By State):
$223,065
0%
$0
0%
$0
100%
$223,065
Subtotal
$223,065
$0
$0
$223,065
Direct
State(30%)
Costs=
$4,461
Environmental
$1,338
0%
$0
100%
$1,338
0%
$0
Engineering
(70%)
$3,123
o
0 /o
$0
100%
$3,123
0
0 /o
$0
Construction Direct State
Costs
$17,845
0%
$0
100%
$17,845
0%
$0
Indirect State Costs
(4.83%)
$10,774
0%
$0
100%
$10,774
0%
$0
Subtotal
$33,081
$0
$33,081
$0
TOTAL
$256,146
$0
$33,081
$223,065
Payment by the Local Government to the State before construction: $223,065
Estimated total payment by the Local Government to the State $223,065
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
Work Responsibilities
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 State 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 State 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 State is responsible for the preparation of the NEPA documents required for the
environmental clearance of this Project.
AFA-AFA_VoITIP Page 1 of 2 Attachment A
CSJ #1378-02-040 copy
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
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 that may
become necessary subsequent to the award of the construction contract. In order to ensure
federal funding eligibility, projects must be authorized by the State prior to advertising for
construction.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. Prior to their execution, the Local Government will be given the opportunity to review contract
change orders that will result in an increase in cost to the Local Government.
D. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
E. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Subpart B.
AFA-AFA_VoITIP Page 2 of 2 Attachment A
EXECUTED
DOCUMENT
FOLLOV/5
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, 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, 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 113675 authorizes the State to undertake and
complete a highway improvement generally described as Construct Diverging Diamond Intersection;
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 construction
of additional pavement along University Blvd., 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 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,
AFA-AFA_VoITIP
R-2014-1204
Page 1 of 5 Revised 01-23-2013
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
Attachment A, Payment Provision and Work Responsibilities, also specifies those Project
items of work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
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 Government'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.
AFA-AFA_VoITI P
Page 2 of 5 Revised 01-23-2013
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
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;
2. By either party upon the failure of the other party to fulfill the obligations set forth in this
agreement; or
AFA-AFA_VoITI P
Page 3 of 5 Revised 01-23-2013
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
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.
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:
City of Round Rock
Attn: City Manager
221 E. Main
Round Rock, Texas 78664
State:
Director of Contract Services Office
Texas Department of Transportation
125 E. 11th Street
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
AFA-AFA_VoITIP Page 4 of 5 Revised 01-23-2013
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
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
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 OCAL GOVERNMENT
Si to
re
Atcv► W&JY4W
Typed or Printed Name
IVta 1{6Y.
Title
Date
THSTATE OF TEXAS
.(23A -
Dist Di t irjyieer
` 2 t
Date
AFA-AFA_VoITIP
Page 5 of 5 Revised 01-23-2013
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will be responsible for 100% of the construction costs.
Description
Total
Estimated
Cost
Federal
Participation
State Participation
Local Participation
%
Cost
%
Cost
%
Cost
Construction (By State):
$223,065
0%
$0
0%
$0
100%
$223,065
Subtotal
$223,065
$0
$0
$223,065
Direct
State
Costs=
$4,461
Environmental
)
$1,338
0%
$0
100%
$1,338
0%
$0
Engineering
(70%)
$3,123
0%0
$0
100 /o
$3,123
0%
$0
Construction Direct State
Costs
$17,845
0%
$0
100%
$17,845
0%
$0
Indirect State Costs
(4.83%)
$10,774
0%
$0
100%
$10,774
0%
$0
Subtotal ;
$33,081
$0
$33,081 `
$0
TOTAL
$256,146
$0
$33,081
$223,065
Payment by the Local Government to the State before construction: $223,065
Estimated total payment by the Local Government to the State $223,065
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
Work Responsibilities
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 State 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 State 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 State is responsible for the preparation of the NEPA documents required for the
environmental clearance of this Project.
AFA-AFA_VoITIP Page 1 of 2 Attachment A
CSJ #1378-02-040
District # 14 - AUS
Code Chart 64 #36750
Project: RM 1431 DDI
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 that may
become necessary subsequent to the award of the construction contract. In order to ensure
federal funding eligibility, projects must be authorized by the State prior to advertising for
construction.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. Prior to their execution, the Local Government will be given the opportunity to review contract
change orders that will result in an increase in cost to the Local Government.
D. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
E. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Subpart B.
AFA-AFA_VoITIP Page 2 of 2 Attachment A