R-2019-0015 - 1/10/2019 RESOLUTION NO. R-2019-0015
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for
Voluntary Local Government Contributions to Transportation Improvement Projects with no Required
Match On-System ("Agreement") with the State of Texas, acting through the Texas Department of
Transportation regarding the SH 45 Frontage Road from Donnell Drive to SH 130 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 5.5 1, Texas Government Code, as amended.
RESOLVED this 10th day of January, 2019.
CRAIG 0 R , Mayor
City of ound ck, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112,1902;00415670
EXHIBIT Csi# 0683-07-009
District# 14-AUS
"A„ Code Chart 64# 36750
Project Name SH 45 frontage roads from Donnell
Dr.to SH 130
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH
ON-SYSTEM
THIS AGREEMENT is made by and between the State of Texas, acting by and through the
Texas Department of Transportation called the "State", and the City of Round Rock, acting
by and through its duly authorized officials, called the "Local Government". The State and Local
Government shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, Transportation Code, Chapters 201 and 221, 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, pursuant to Minute Order Number 108896, the Texas Transportation Commission
(Commission) designated State Highway (SH) 45 North on the state highway system; and
WHEREAS, the Commission completed a highway improvement project to construct the SH
45N Element of the Central Texas Turnpike System (CTTS), which is comprised of a 12.8 mile
element located in Travis and Williamson Counties, Texas that extends from US 183 on the
west to SH 130 on the east, and is an east-west route. The SH 45N Element serves as a
connector between the Cities of Austin, Round Rock, and Pflugerville, Texas, and consists of
six-lane divided limited-access roadways except for one section, which is a four-lane divided
limited-access roadway and discontinuous non-tolled frontage roads; and
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in a state highway improvement project by providing funding for frontage road
improvements along the SH 45 Element of the CTTS between Donnell Drive and SH 130 that
will connect to the existing frontage roads ("Improvements"), including funding for the costs of
preparing a report ("Project") reflecting any revenue impact of the state highway improvement
project on the CTTS; and
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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, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in full force and effect until
the Project has been completed and accepted by all parties or unless terminated as
provided below.
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
(Attachment A) which is attached to and made a part of this contract. In addition
to identifying those items of work paid for by payments to the State, Attachment
A 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 financial share for the State's estimated
construction oversight and construction costs. -- Not Applicable
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.
Not Applicable
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" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
3. Right of Access
If the Local Government is the owner of any part of the site on which the Improvements
are to be constructed, the Local Government shall permit the State or its authorized
representative access to the site to perform any activities required to execute the work.
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4. Adjustments Outside the Project Site — Not Applicable
The Local Government will provide for all necessary right of way and utility adjustments
needed for performance of the work on sites not owned or to be acquired by the State.
5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a
Microsoft®Word or similar document. If requested by the State, the Local Government
will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format
required by the State. This requirement applies whether the local government creates
the documents with its own forces or by hiring a consultant or professional provider. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
7. Interest
The State will not pay interest on funds provided by the Local Government. Funds
provided by the Local Government will be deposited into, and retained in, the State
Treasury.
8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, 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 - Not Applicable
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 cost to the department for a highway improvement project,
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
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eminent domain proceedings, including but not limited to expenses related to relocation,
removal, and adjustment of eligible utilities.
10. Insurance - Not Applicable
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.
11. Project Maintenance - Not Applicable
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in Attachment A or existing
maintenance agreements with the Local Government.
12. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set
forth in this agreement; or
3. By the State if it determines that the performance of the Project is not in the
best interest of the State.
B. If the agreement is terminated in accordance with the above provisions, the Local
Government will be responsible for the payment of Project costs incurred by the
State on behalf of the Local Government up to the time of termination.
C. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
13. 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:
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Local Government: State:
City of Round Rock Texas Department of Transportation
ATTN: Mayor ATTN: Director of Contract Services
221 E. Main St. 125 E. 11 th Street
Round Rock, TX 78664 Austin, TX 78701
And
City of Round Rock
ATTN: Transportation Director
2008 Enterprise Dr.
Round Rock, Texas 78664
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.
14. 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.
15. 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.
16. Amendments
By mutual written consent of the parties, this agreement may be amended in writing prior
to its expiration.
17. State Auditor
Pursuant to Texas Government Code §2262.154, the state auditor may conduct an
audit or investigation of any entity receiving funds from the state directly under the
contract or indirectly through a subcontract under the contract. Acceptance of funds
directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative
audit committee, to conduct an audit or investigation in connection with those funds. An
entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or
audit.
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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.
THIS AGREEMENT IS EXECUTED by the State and the Local Government.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Terry G. McCoy, P.E. Craig Morgan
Typed or Printed Name Typed or Printed Name
District Engineer Mayor
Typed or Printed Title Typed or Printed Title
Date Date
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ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The State will prepare a report reflecting any revenue impact of the Project on the CTTS.
The Local Government shall contribute $61,478.00 to the State not later than 30 days after
execution of this Advance Funding Agreement toward the cost of this report.
The State will be responsible for project overruns.
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AFA-AFA_VoITIP Attachment A