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R-00-03-23-13A1 - 3/23/2000RESOLUTION NO. R- 00- 03- 23 -13A1 WHEREAS, Commission Minute Order 107615 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the modification of the traffic signal at the intersection of US 79 and Sunrise Road, and WHEREAS, TxDOT requires the City to participate in said improvements by funding a portion of the improvements, and WHEREAS, TxDOT has submitted a Funding Agreement for the modification of the traffic signal at the intersection of US 79 and Sunrise Road, and WHEREAS, the City wishes to enter into said Funding Agreement, 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 a Funding Agreement with TxDOT for the modification of the traffic signal at the intersection of US 79 and Sunrise Road, a copy of said agreement attached hereto 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 K:\ wPDOCS \RESOLUTI \R00323A1.WPD /sc 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, and the Act. RESOLVED this 23rd day of March, 2000. ATTEST: Re: T A. STLUKA, V Mayor City of Round Rock, Texas 2 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIIVHTS: At Sunrise Drive ADVANCE FUNDING AGREEMENT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting 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 Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 107615, authorizes the State to undertake and complete a project generally described as modifying an existing traffic signal in the City of Round Rock, hereinafter called the Project; and, WHEREAS, the Outside Entity has requested that they be allowed to participate by providing the funds required to complete the Project; and, WHEREAS, the State has determined that such part icipation is in the best interest of the citizens of the State; and, WHEREAS, the Outside Entity has approved entering into this agreement by Resolution or Ordinance dated 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 Outside Entity agree as follows: 1 ARTICLE 1. TIME PERIOD COVERED ARTICLE 2. PROJECT FUNDING ARTICLE 3. TERMINATION AGREEMENT CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive This Agreement becomes effective when signed by the last party whose signature makes the agreement fully executed, and said agreement shall be in full force and effect until the Project described herein has been completed and accepted by all parties or until terminated as hereinafter provided. The State will authorize performance of those Project items of work which the Outside Entity has requested and has agreed to participate in as described in Attachment A, Payment Provision and Work Responsibilities, which is attached to and made a part of this contract Without prejudice to any other legal or equitable right or remedy that either party would otherwise possess hereunder, or as a matter of law, each non - defaulting party, upon giving the defaulting party five (5) days prior to written notice, shall be entitled to terminate this Agreement in its entirety at any time for the following: • If a party shall fail to remedy any default within ten (10) days after written notice thereof from the non - defaulting party; or • If either party commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. This Agreement may also be terminated by any of the following methods: • Upon mutual written agreement and consent of both parties; • By the State, upon thirty (30) days written notice to the Outside Entity, if the State determines that completion of the Project is not in the best interest of the State; or • By the Outside Entity, upon thirty (30) days written notice to the State, if the Outside Entity determines that completion of the project is not in the best interest of the Outside Entity. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of direct and indirect Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. 2 ARTICLE 4. RIGHT OF ACCESS ARTICLE 5. RESPONSIBILITIES OF THE PARTIES ARTICLE 6. SOLE AGREEMENT ARTICLE 7. SUCCESSORS AND ASSIGNS 3 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required as contemplated in the Agreement. The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Additionally, the State acknowledges that while it is not an agent, servant, nor employee of the Outside Entity, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the project. In the event the terms of this Agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the provisions of the most recently executed agreement shall take precedence over the conflicting provisions contained in the other agreements. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, executors, assigns, and administrators. ARTICLE 8. AMENDMENTS CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive By mutual written consent of the parties, the scope of work and payment provisions of this Agreement may be amended prior to the expiration of this contract. No amendment to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties. ARTICLE 9. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A to this agreement, the State shall supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction 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, 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 herein by reference, or special specifications approved by the State. ARTICLE 10. APPLICABLE LAWS AND REGULATIONS All parties shall adhere to applicable state and federal requirements in the development and construction of the Project. ARTICLE 11. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. 4 ARTICLE 12. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement, on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this Agreement, each of which shall be deemed an original for all purposes. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. By Date William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive Typed or Printed Name and Title Attest: Title: For the purpose of this Agreement, the address of record for each party shall be as shown on the following page. 5 For the Outside Entity: Mr. Thomas E. Word, Jr., P.E. City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 For the Texas Department of Transportation: Mr. William C. Garbade, P.E. Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78761 -5426 6 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive ATTACHMENT A Payment Provision and Work Responsibilities 7 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LI vIITS: At Sunrise Drive 1. Project Description Modification of a traffic signal on US 79 at Sunrise Drive. 2. Right of Way Not applicable. 3. Utility Adjustments/Relocations Not applicable 4. Environmental Mitigation Not applicable 5. Engineering Services and Construction Responsibilities The State shall be responsible for the Project, utilizing an on -site contractor. 6. Maintenance Responsibilities The State shall assume responsibility for the maintenance of the completed facility. 7. Payment Provisions The Outside Entity shall be responsible for the actual costs required to complete the Project. The Project costs are estimated at $4,869.90 (breakdown of costs listed below). This amount includes labor, materials and indirect costs at the rate in effect for the year that the work will be performed. Funding Breakdown: Labor and Materials Indirect Costs (8.22 %) Total The Outside Entity shall submit two executed original counterparts of the agreement to the address listed within. A warrant in the amount of $4,869.90 shall accompany the executed agreements. Upon completion of the Project, any additional costs required to complete the Project, will be the responsibility of the Outside Entity. These costs will be requested by the State and will become due within thirty (30) days from receipt of notification. All remaining costs due the Outside Entity will be promptly returned. 8 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive $4,500.00 369.90 $4,869.90 OM \l ■ �1 MOM UN 11 / �e Modtfcatlors to the traffic al. al 1111111 US Hwy 79 and Sunrise Road DATE: March 18, 2000 SUBJECT: City Council Meeting — March 23, 2000 ITEM: 13.A.1. Consider a resolution authorizing the Mayor to execute a funding agreement with the Texas Department of Transportation for modifications to the traffic signal at the intersection of US 79 and Sunrise Road. This agreement is for $4,500. Staff Resource Person: Jim Nuse, Public Works Director. Texas Department of Transportation CSJ: 0204 -01 -053 County: Williamson Highway: US 79 Limits: At Sunrise Drive Mr. Thomas E. Word, Jr., P.E. City Traffic Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Word: Enclosures xc: Clayton Bridwell, Traffic Section Chris Hatla Danny Stabeno P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 May 15, 2000 Enclosed for your files is a fully executed original counterpart of an agreement for the above referenced project. If we can be of further assistance, please contact me at 832 -7154. An Equal Opportunity Employer Sincerely, Patsy K. Warren Engineering Specialist 05/11/2000 THU 12:04 PAX 512 218 3242 rraTIlc 5ecL1on RESOLUTION NO. R- 00- 03- 23 -13A1 WHEREAS, Commission Minute Order 107615 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the modification of the traffic signal at the intersection of US 79 and Sunrise Road, and WHEREAS, TxDOT requires the City to participate in said improvements by funding a portion of the improvements, and WHEREAS, TxDOT has submitted a Funding Agreement for the modification of the traffic signal at the intersection of US 79 and Sunrise Road, and WHEREAS, the City wishes to enter into said Funding Agreement, 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 a Funding Agreement with TxDOT for the modification of the traffic signal at the intersection of US 79 and Sunrise Road, a copy of said agreement attached hereto 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 R: \NP DOGS \RBSOLDTI \R003]3A3. %PD /Pc .v uuc MAY 11 '00 13:15 512 218 3242 PAGE. 002 05/1142Q00 THU 12:04 FAX 512 218 3242 r ' 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, and the Act. RESOLVED this 23rd day of March, 2000. ATTEST: AlA AL- JO LAND, City Secretary MAY 11 '00 13:15 1Tarrlc section fir 1 %'- R� RT A. STLUKA, e., Mayor City of Round Rock, Texas 2 1*.J VUJ 512 218 3242 PAGE.003 d . THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting 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 Outside Entity. WITNESSETH CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 107615, authorizes the State to undertake and complete a project generally described as modifying an existing traffic signal in the City of Round Rock, hereinafter called the Project; and, WHEREAS, the Outside Entity has requested that they be allowed to participate by providing the funds required to complete the Project; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and, WHEREAS, the Outside Entity has approved entering into this agreement by Resolution or Ordinance dated " - 02, - . 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 Outside Entity agree as follows: 1 ARTICLE 1. TIME PERIOD COVERED ARTICLE 2. PROJECT FUNDING ARTICLE 3. TERMINATION AGREEMENT 2 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive This Agreement becomes effective when signed by the last party whose signature makes the agreement fully executed, and said agreement shall be in full force and effect until the Project described herein has been completed and accepted by all parties or until terminated as hereinafter provided. The State will authorize performance of those Project items of work which the Outside Entity has requested and has agreed to participate in as described in Attachment A, Payment Provision and Work Responsibilities, which is attached to and made a part of this contract Without prejudice to any other legal or equitable right or remedy that either party would otherwise possess hereunder, or as a matter of law, each non - defaulting party, upon giving the defaulting party five (5) days prior to written notice, shall be entitled to terminate this Agreement in its entirety at any time for the following: • If a party shall fail to remedy any default within ten (10) days after written notice thereof from the non - defaulting party; or • If either party commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. This Agreement may also be terminated by any of the following methods: • Upon mutual written agreement and consent of both parties; • By the State, upon thirty (30) days written notice to the Outside Entity, if the State determines that completion of the Project is not in the best interest of the State; or • By the Outside Entity, upon thirty (30) days written notice to the State, if the Outside Entity determines that completion of the project is not in the best interest of the Outside Entity. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of direct and indirect Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. ARTICLE 4. RIGHT OF ACCESS ARTICLE 5. RESPONSIBILITIES OF THE PARTIES ARTICLE 6. SOLE AGREEMENT ARTICLE 7. SUCCESSORS AND ASSIGNS 3 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required as contemplated in the Agreement. The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Additionally, the State acknowledges that while it is not an agent, servant, nor employee of the Outside Entity, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the project. In the event the terms of this Agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the provisions of the most recently executed agreement shall take precedence over the conflicting provisions contained in the other agreements. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, executors, assigns, and administrators. ARTICLE S. AMENDMENTS By mutual written consent of the parties, the scope of work and payment provisions of this Agreement may be amended prior to the expiration of this contract. No amendment to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties. ARTICLE 9. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A to this agreement, the State shall supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction 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, 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 herein by reference, or special specifications approved by the State. ARTICLE 10. APPLICABLE LAWS AND REGULATIONS All parties shall adhere to applicable state and federal requirements in the development and construction of the Project. ARTICLE 11. PERFORMANCE CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. 4 ARTICLE 12. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement, on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this Agreement, each of which shall be deemed an original for all purposes. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. By William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY der Round Ro k tt _111 % Q ,,�/ t Typed or Printed Name and Title /r D 6flt T 4. 672.6 ' �1 �� /� 7 / 40'\ p Attest: ( `e- Date )76— g""' Title: V / J77-qR y Date ` 343 - fJV 5 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive For the purpose of this Agreement, the address of record for each party shall be as shown on the following page. r . For the Outside Entity: Mr. Thomas E. Word, Jr., P.E. City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 For the Texas Department of Transportation: Mr. William C. Garbade, P.E. Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78761 -5426 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive r • ATTACHMENT A Payment Provision and Work Responsibilities 7 CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive 1. Project Description Modification of a traffic signal on US 79 at Sunrise Drive. 2. Right of Way Not applicable. 3. Utility Adjustments/Relocations Not applicable 4. Environmental Mitigation Not applicable 5. Engineering Services and Construction Responsibilities The State shall be responsible for the Project, utilizing an on -site contractor. 6. Maintenance Responsibilities The State shall assume responsibility for the maintenance of the completed facility. 7. Payment Provisions CSJ: 0204 -01 -053 COUNTY: Williamson HIGHWAY: US 79 LIMITS: At Sunrise Drive The Outside Entity shall be responsible for the actual costs required to complete the Project. The Project costs are estimated at $4,869.90 (breakdown of costs listed below). This amount includes labor, materials and indirect costs at the rate in effect for the year that the work will be performed. Funding Breakdown: Labor and Materials Indirect Costs (8.22%) Total $4,500.00 369.90 $4,869.90 The Outside Entity shall submit two executed original counterparts of the agreement to the address listed within. A warrant in the amount of $4,869.90 shall accompany the executed agreements. Upon completion of the Project, any additional costs required to complete the Project, will be the responsibility of the Outside Entity. These costs will be requested by the State and will become due within thirty (30) days from receipt of notification. All remaining costs due the Outside Entity will be promptly returned. 8