CM-2024-260 - 10/18/2024
Project Name: CSJ: 6405-46-001
Traffic-Traffic_LegMemMarker Page 1 of 3 Revised 8/25/17
STATE OF TEXAS §
COUNTY OF TRAVIS §
LEGISLATIVE DESIGNATED
HIGHWAY MEMORIAL MARKER AGREEMENT
THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by
and through the Texas Department of Transportation hereinafter called the “State”, and the City
of Round Rock, acting by and through its duly authorized officials, hereinafter called the “Local
Government.”
WITNESSETH
WHEREAS, the passage of H.B. No. 1968 during the 88th Texas Legislature designated a
portion of Interstate Highway 35 in Williamson County between its intersection with State
Highway 45 and its intersection with Westinghouse Road as the Officer Charles Whites
Memorial Highway, and instructed the State to design and construct memorial markers
indicating the designation as the Officer Charles Whites Memorial Highway ; and
WHERAS, the Texas Transportation Code §225.021 establishes that the State may not design,
construct, or erect a marker unless a grant or donation of funds is made to the State to cover
the cost of the design, construction, and erection of the marker, and that the State shall repair
and replace each marker and maintain the grounds for the marker; and
WHEREAS, the Local Government proposes to pay the State a fixed amount for designing,
constructing and erecting this marker(s); and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter
set forth, it is agreed as follows:
AGREEMENT
Article 1. Contract Period:
This agreement becomes effective upon final execution by the State and shall terminate upon
completion of the Project or unless terminated or modified as hereinafter provided.
Article 2. Contract Amount:
The Local Government agrees to pay the State the fixed amount of $39,771.75 to cover the
State’s cost to design, construct, and erect the markers (Project). Payment shall be made by
the Local Government to the State before work is to begin on the Project.
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
Docusign Envelope ID: 4A8C6ABC-5FB4-49E5-B01E-8448B5805EAE
Project Name: CSJ: 6405-46-001
Traffic-Traffic_LegMemMarker Page 2 of 3 Revised 8/25/17
account to be managed by the State. Funds in the escrow account may only be applied by the
State to the Project.
Article 3. Scope of Work & Maintenance
1. The State will design, construct and erect a marker(s), as identified on "Attachment A".
2. In the event it becomes necessary to repair or replace one or more of these markers or their
supports due to age, vandalism or damage, it will be the responsibility of the State to
perform the work and pay the costs for such repair or replacement.
Article 4. Termination
This agreement may be terminated by any of the following conditions:
1. By mutual written agreement and consent of all parties.
2. By the State upon determination that construction of the Project is not feasible or is not in
the best interest of the State and the traveling public.
3. By any party, upon the failure of the other party to fulfill the obligation as set forth herein.
Termination of this agreement shall extinguish all rights, duties, obligations and liabilities of
the State and Local Government under this agreement.
Article 5. Amendments
Any changes in the time frame, character, agreement provisions or obligations of the parties
hereto shall be enacted by written amendment executed by the Local Government and the
State.
Article 6. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
Article 7. Sole Agreement
This agreement constitutes the sole and only agreement between the parties hereto and
supersedes any prior understandings or written or oral agreements respecting the within subject
matter.
Article 8. Notices
All notices required under this agreement by one party to the other parties shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
Local Government: State:
City of Round Rock
221 E Main Street
Round Rock, TX 78664-5271
Texas Dept. of Transportation
Austin District Headquarters
District Maintenance Office
7901 North IH 35,
AUSTIN, TX 78753
Notice shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. The parties hereto may change the above address by sending
written notice of such change to the other parties in the manner provided herein.
Docusign Envelope ID: 4A8C6ABC-5FB4-49E5-B01E-8448B5805EAE
Project Name: CSJ: 6405-46-001
Traffic-Traffic_LegMemMarker Page 3 of 3 Revised 8/25/17
Article 9. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT OF City of Round Rock, TEXAS
By: Date:
Name: Title:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By: Date:
Name: Title: District Engineer
Brooks Bennett Assistant City Manager
10/24/2024
Docusign Envelope ID: 4A8C6ABC-5FB4-49E5-B01E-8448B5805EAE
10/28/2024
Tucker Ferguson
Project Name: CSJ: 6405-46-001
Traffic-Traffic_LegMemMarker Page 1 of 1 Revised 8/25/17
ATTACHMENT A
Description and Location of Legislative Designated Memorial Marker Signs
Location Map
Docusign Envelope ID: 4A8C6ABC-5FB4-49E5-B01E-8448B5805EAE
Project Name: CSJ: 6405-46-001
Traffic-Traffic_LegMemMarker Page 2 of 1 Revised 8/25/17
Estimated Cost
HB 1968 - Officer Charles Whites
Memorial Highway
Width Depth #
Post
Post
Size
UNI
T
PRICE QUA
N
TOTAL
647
6001
INSTALL LRSS (STRUCT
STEEL)
3 w6x
9
LB 9.50 477.6 4537.2
636
6002
ALUMINUM SIGNS (TY G) 18 7 SF 44.25 126 5575.5
416
6016
DRILL SHAFT (SIGN MTS)(12
IN)
LF 152.11 0 0
416
6018
DRILL SHAFT (SIGN MTS)(24
IN)
LF 322.00 18 5796
Per sign estimate $15,908.70 Number of signs 2 $31,817.40 Incidentals/Mobilization/Traffic
Control
1.25 ESTIMATED TOTAL FOR 2 FWY
SIGNS
$39,771.75
Docusign Envelope ID: 4A8C6ABC-5FB4-49E5-B01E-8448B5805EAE