Contract - Texas Department of Transportation - 6/27/2019 (2) r
CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to
IH 35
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION
CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation ("State") and City of Round Rock ("Utility"),
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, Transportation Code, Chapter 203, Subchapter E, Transportation Code §203.092
authorizes the State to regulate the placement of public utility facilities along a state highway;
and,
WHEREAS, Texas Transportation Commission Minute Order Number 115291 authorizes the
State to undertake and complete a highway improvement generally described as: Construct
New 4-Ln Overpass at Georgetown Railroad and Lake Creek with Roundabout and Collector
Roads ("Project"); and,
WHEREAS, Utility possesses facilities that are affected by the above mentioned highway
improvement and Utility, and the State agrees that it is more economical or efficient for such
relocation to be effected by including said contract in the State's highway construction contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the
State and Utility 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 Utility 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.
2. Project Funding and Work Responsibilities
A. The State will authorize the performance of only those Project items of work which are
eligible for relocation reimbursements or for which Utility has requested and has agreed
to pay for as described in Attachment A - Payment Provision and Work Responsibilities,
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CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to
IH 35
which is attached to and made a part of this contract. In addition to identifying those
items of work to be paid for by payments to the State, Attachment A- Payment Provision
and Work Responsibilities, also specifies those Project items of work that are the
responsibility of Utility and will be carried out and completed by Utility, at no cost to the
State. The Utility shall be responsible for costs that are shown on Attachment B,
Estimated Utility Costs, which is attached to and made a part of this agreement.
B. If the Utility will perform any work under this contract for which reimbursement will be
provided by or through the State, the Utility must complete training before a letter of
authority is issued. Training is complete when at least one individual who is working
actively and directly on the Project successfully completes and receives a certificate for
the course entitled Local Government Project Procedures and Qualification for the
Texas Department of Transportation. The Utility shall provide the certificate of
qualification to the State. The individual who receives the training certificate may be an
employee of the Utility or an employee of a firm that has been contracted by the Utility to
perform oversight of the Project. The State in its discretion may deny reimbursement if
the Utility has not designated a qualified individual to oversee the Project.
C. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
3. 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 or utility work is not in
the best interest of the State.
B. If the agreement is terminated in accordance with the above provisions, Utility will be
responsible for the payment of Project costs incurred by the State on behalf of Utility up
to the time of termination.
4. Right of Access
If Utility is the owner of any part of the Project site, Utility shall permit the State or its
authorized representative access to the site to perform any activities required to execute the
work.
5. Adjustments Outside the Project Site
Utility 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.
6. Responsibilities of the Parties and Indemnity
Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged
in a joint enterprise, and it is responsible for its own acts and deeds and for those of its
AFA Utility Page 2 of 5 Revised 02/20/2019
CSJ #0683-01-056
RCSJ # 0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to
IH 35
agents or employees during the performance of the work on the Project. To the extent
permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and
employees, from all suits, actions, or claims and from all liability and damages for any and
all injuries or damages sustained by any person or property in consequence with the
performance of design, construction, maintenance, or operation of the Utility facility. Such
indemnity includes but is not limited to any claims or amounts arising or recovered under the
"Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil
Practice and Remedies Code; or any other applicable laws or regulations, all as time to time
may be amended.
7. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other
existing agreements between Utility and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
8. Successors and Assigns
The State and Utility 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.
9. Amendments
By mutual written consent of the parties, the scope of work and payment provisions of this
agreement may be amended prior to its expiration.
10. 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 Utility
Accommodation Rules as set forth in 43 Texas Administrative Code §21.31 et. seq. adopted
by the State and incorporated in this agreement by reference, or special specifications
approved by the State.
11. Maintenance
Upon completion of the Project, Utility will assume responsibility for the maintenance of the
completed Utility facility unless otherwise specified in Attachment A to this agreement.
AFA Utility Page 3 of 5 Revised 02/20/2019
CSJ #0683-01-056
RCSJ # 0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to
IH 35
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, addressed to such party at the
following addresses:
Utility: State:
Mayor Director of Contract Services
City of Round Rock Texas Department of Transportation
221 East Main Street 125 E. 11 th Street
Round Rock, TX 78664 Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided in this agreement. Either party may change the above address
by sending written notice of the change to the other party. Either party may request in
writing that such notices shall be delivered personally or by certified U.S. mail and such
request shall be honored and carried out by the other party.
13. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this 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.
14. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
15. Access to Information
The Utility is required to make any information created or exchanged with the state pursuant
to this contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible by the public at no additional charge
to the state.
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CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to
IH 35
Each party is signing this agreement on the date stated under that party's signature.
THE UTiLITY
1/4A\
Signature
Craig Morgan
Typed or Printed Name
City of Round Rock, Mayor
Title
iq
Date
THE STATE OF TEXAS
Tucker Ferguson P.E. 7e;:44 `�
Austin District Engineer
711/9/zei 9
Date
AFA Utility Page 5 of 5 Revised 02/20/2019
CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64# 36750
Project: RM 620: Deepwood Drive to IH
35
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
1. Description of the Work Items
The parties agree that the existing water and wastewater shall be relocated and adjustments
shall be made along RM 620 from Deepwood Drive to IH 35. The water and wastewater
facilities shall be owned, operated, and maintained by Utility from and after completion and final
acceptance by the State and Utility. The estimated total construction cost for the relocated and
adjusted facilities is $1,611,927.00. The parties agree that it is their intent to complete the
relocation improvements within this estimate of cost.
2. Actual Cost Agreement
Utility will be responsible for paying all costs associated with the planning, specification, and
estimate (PS&E) development, and construction of the proposed utility work to the extent such
is not reimbursed pursuant to state law. All the costs associated with construction of the water
and wastewater items for the Project shall be provided as defined under the Standard Utility
Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed
between the State and Utility.
3. Schedule of Payments
A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility
shall remit its remaining financial share for the State's estimated construction oversight and
construction costs. Utility must advance to the State one hundred percent (100%) of its
share of the estimated Project utility construction costs. The amount to be advanced for the
utility improvements is estimated to be $748,417.71. (See Attachment B — Estimated Utility
Costs)
B. In the event the State determines that additional funding is required by the Utility at any time
during the Project, the State will notify the Utility in writing. The Utility is responsible for one
hundred percent (100%) of the authorized project cost and any overruns. The Utility will
make payment to the State within thirty (30) days from receipt of the State's written
notification.
C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will
remit a warrant made payable to the "Texas Department of Transportation." The warrant
will be deposited by the State and managed by the State. Until the final Project accounting,
funds may only be applied by the State to the Project.
D. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Utility, the State, or the Federal Government will be promptly paid by the
owing party.
4. Work Responsibilities
A. The Utility shall provide the following services under this contract:
i. Responsible for engaging the services of a Texas Registered Professional Engineer to
prepare drawings and technical specifications for water wastewater line relocations
and adjustments along RM 620 from Deepwood Drive to IH 35.
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CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to IH
35
ii. Provide the plans and specifications to the State to include in the current planning
specifications and estimate package being prepared by representatives of the Texas
Department of Transportation's Georgetown Area Office.
iii. Secure all necessary permitting as may be required for the installation of the water and
wastewater facilities.
iv. Arrange and coordinate with the contractor, through the State, materials and
equipment testing, rejection of all work not conforming to minimum requirements of the
construction contract documents, maintenance of the proposed water and wastewater
facilities during construction, and the relocation of water and wastewater facilities and
connection of services to customers.
v. Advise the State of work that Utility determines should be corrected or rejected.
vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results
of these activities.
vii. Provide inspection services for the construction, notify the State of defects and
deficiencies in the work, and observe actions of the contractor to correct such defects
and deficiencies.
viii.Assume all responsibility for the maintenance of the existing water and wastewater
facilities during and upon completion of the construction contract.
ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules,
regulations and laws are strictly adhered to.
x. Prepare and submit both a certificate of substantial completion and a list of observed
items requiring completion or correction for the relocations and adjustments to the
Project Engineer for concurrence.
xi. Coordinate all construction activities performed by Utility's staff for the relocations and
adjustments through the Project Engineer.
B. The State shall provide the following services under this contract:
i. Combine the water and wastewater relocation and adjustment plans with the plans
being prepared for the Project.
ii. Review and approve the final construction plans prior to any construction-related
activities. In order to ensure federal and/or state funding eligibility, projects must be
authorized by the State prior to advertising for construction.
iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and
award and administer the contract for construction of the Project.
iv. Negotiate and administer all field changes and change orders required for the Project.
All change orders increasing construction costs for Utility's Project shall be submitted
to Utility for review and approval together with an evaluation. Utility agrees to review
and either approve or disapprove all change orders within five (5) business days after
receipt of such order unless Utility Board's approval is necessary in which case Utility
shall bring the item to Utility Board as soon as reasonably possible.
v. Provide overall project management to supervise the day-to-day activities of the
construction and monitor the activities of the contractor to promote the timely and
efficient completion of the Project in accordance with the approved Plans and
Specifications and construction schedule.
AFA Utility Page 2 of 3 Attachment A
CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to IH
35
vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to
cure defects and deficiencies in the construction prior to final acceptance.
vii. Make timely payment to the contractor for work performed in connection with the
Project.
viii. Ensure access and permit Utility's inspectors and other authorized representatives to
inspect the water and wastewater line construction at all times.
ix. Conduct and coordinate final inspection of the Project in the presence of Utility's
Engineer and Inspector, transmit final list of items to be completed or repaired and
observe contractor correction of same.
x. Maintain job file.
AFA Utility Page 3 of 3 Attachment A
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CSJ #0683-01-056
RCSJ #0683-01-092
U# 14697
District# 14-Austin
Code Chart 64#36750
Project: RM 620: Deepwood Drive to IH
35
ATTACHMENT B
ESTIMATED UTILITY COSTS
Based on various calculations, following are those amounts due and payable for Utility's costs
associated with this project.
Total Estimated Costs
$1,611,927.00
Less Betterment Amount Due from Utility
$0
Amount of total utility relocation Costs
$1,611,927.00
Estimated Amount Eligible for Reimbursement
(Calculated eligibility Ratio — 53.57 %)
$863,509.29
Amount of Utility Adjustment Due from Utility
$748,417.71
Estimated amount to be included in Construction Agreement
A. Betterment $ 0
B. Utility Adjustment
$ 1,611,927.00
GRAND TOTAL $ 1,611,927.00
Betterment Ratio Calculation
Estimated Betterment Costs
Betterment Calculation:
Total Costs of Betterment (Estimated) - $ 0
Total Costs of Project (Estimated) - $ 1,611,927.00
Betterment Percentage for final cost determination: 0 % of final cost of relocation
Determination of Betterment— Comparison of estimated cost to replace "as is"
versus estimated costs associated with the betterment.
AFA Utility Page 1 of 1 Attachment B