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R-00-04-13-10B1 - 4/13/2000THE STATE OF TEXAS THE COUNTY OF TRAVIS § COUNTY :Williamson CSI :0015 -10 -047 HIGHWAY :IH 35 LIMITS :NorthboundlH 35 between Grand Avenue Parkway and FM 1325 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 various improvements generally described as the relocation of a ramp on 111 35 between Grand Avenue Parkway and FM 1325 in the City of Round Rock, hereinafter called the Project; and, WHEREAS, the Outside Entity has requested that the State provide the funding required to construct 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 ¥ 2 oPO 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: ARTICLE 1. TIME PERIOD COVERED 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. ARTICLE 2. PROJECT FUNDING 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. In addition to identifying those items of work, Attachment A also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. ARTICLE 3. TERMINATION COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LIMITS :NorthboundlH 35 between Grand Avenue Parkway and FM 1325 AGREEMENT 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 2 ARTICLE 4. RIGHT OF ACCESS ARTICLE 5. RESPONSIBILITIES OF THE PARTIES COUNTY . Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LIMITS :Northbound HI 35 between Grand Avenue Parkway and FM 1325 • 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 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. ARTICLE 6. SOLE AGREEMENT 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. ARTICLE 7. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, executors, assigns, and administrators. 3 ARTICLE 8. AMENDMENTS ARTICLE 9. INSPECTION AND CONDUCT OF WORK ARTICLE 10. APPLICABLE LAWS AND REGULATIONS ARTICLE 11. PERFORMANCE COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :11135 LIMITS :NorthboundlH 35 between Grand Avenue Parkway and FM 1325 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. 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. All parties shall adhere to applicable state and federal requirements in the development and construction of the Project. 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. B 1� �9�L 6 ` Date v/ ° 2-0o o William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY Attest: COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :HI 35 LIMITS :NorthboundlH 35 between Grand Avenue Parkway and FM 1325 Typed or Printed Name and Title 1L.V6Si 1 A . STL.CIkA,Jie.,mAyoki Title: C /T y SECeerhie 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: City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 For the Texas Department of Transportation: Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78761 -5426 COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LIMITS :Northbound 11-I 35 between Grand Avenue Parkway and FM 1325 6 1. Project Description Relocation of one (1) exit ramp on IH 35 between Grand Avenue Parkway and FM 1325 in the City of Round Rock. This ramp will be relocated to the south of its existing location. 2. Right of Way The Outside Entity and the State shall jointly be responsible for controlling access along the frontage road in the area of this ramp through the use of their respective police powers. 3. Utility Adjustments/Relocations COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :1H 35 LIMITS :Northbound 1H 35 between Grand Avenue Parkway and FM 1325 ATTACHMENT A Payment Provision and Work Responsibilities If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the Outside Entity and/or its consultant shall establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The State shall be responsible for all costs associated with the adjustment not assumed by the utility company. Removal or relocation of such utility facilities shall be in accordance with applicable State law, regulations, policies and procedures. The State will be responsible for all costs associated with any additional utility work. 7 4. Environmental Mitigation COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LIMITS :Northbound Ill 35 between Grand Avenue Parkway and FM 1325 A. The Outside Entity shall prepare the appropriate environmental documentation to secure environmental clearance for the Project. B. The Outside Entity shall coordinate all environmental documentation with the State through Mike Walker, 832 -7168. C. To the extent required to complete the Project, the Outside Entity shall be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. D. All costs associated with the remediation of the environmental problems caused by the negligence or willful conduct of the Outside Entity and/or the property owners shall be the responsibility of the Outside Entity and/or property owners and not the State of Texas. 5. Engineering Services A. The Outside Entity shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S. &E.) necessary for the development of the Project. The P.S. &E. shall be prepared in accordance with all applicable State and Federal guidelines. B. The Engineering plans shall be developed in accordance with the Highway Design Division Operations and Procedures Manual, the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. C. The Outside Entity shall submit the completed P.S. &E. to the State for review and approval. Should the State determine that revisions are required to the documents, the Outside Entity shall make the necessary revisions, prior to the State scheduling a bid opening date. 8 6. Construction Responsibilities COUNTY :Williamson CST :0015 -10 -047 HIGHWAY :II-I35 LIMITS :Northbound RI 35 between Grand Avenue Parkway and FM 1325 A. After the P.S.&E. is deemed to be complete and approved by the State, the State shall be responsible for obtaining a contractor to perform the work described in Section One of Attachment A. This process shall be accomplished by change order to an existing contract, or through the competitive bidding process at the discretion of the State. B. The State shall supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S. &E. 7. Maintenance Responsibilities Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. 8. Payment Provisions The Project consists of relocating the northbound exit ramp for FM 1325 to the south of its existing location. The construction costs are estimated at $300,000.00 and are to be funded by the State. The Outside Entity shall be responsible for all costs relating to the environmental phase and the plans specifications and estimate (PS &E). 9 RESOLUTION NO. R- 00- 04- 13 -10B1 WHEREAS, Commission Minute Order 107615 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the relocation of a ramp on IH 35 between Grand Avenue Parkway and FM 1325, 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 relocation of a ramp on IH 35 between Grand Avenue Parkway and FM 1325, 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 relocation of a ramp on IH 35 between Grand Avenue Parkway and FM 1325, 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 the public as required by law at all times during which this K. \WPDOCS \RESOLITTI \R0091391. WPD /ec 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 13th day of April, 2000. ATTEST: E LAND, City Secretary 2 ERT A. STLUKA, JR., Mayor City of Round Rock, Texas THE STATE OF TEXAS § THE COUNTY OF TRAVIS § COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :111 35 LIMITS :Northbound 11135 between Grand Avenue Parkway and FM 1325 ADVANCE FUNDING AGREEMENT WITNESSETH 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. 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 various improvements generally described as the relocation of a ramp on IH 35 between Grand Avenue Parkway and FM 1325 in the City of Round Rock, hereinafter called the Project; and, WHEREAS, the Outside Entity has requested that the State provide the funding required to construct 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 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: ARTICLE 1. TIME PERIOD COVERED ARTICLE 2. PROJECT FUNDING ARTICLE 3. TERMINATION COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LIMITS :Northbound IH 35 between Grand Avenue Parkway and FM 1325 AGREEMENT 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. In addition to identifying those items of work, Attachment A also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. 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 2 • 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. ARTICLE 4. RIGHT OF ACCESS 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. ARTICLE 5. RESPONSIBILITIES OF THE PARTIES 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. ARTICLE 6. SOLE AGREEMENT COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :1H 35 LIMITS :Northbound IH 35 between Grand Avenue Parkway and FM 1325 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. ARTICLE 7. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, executors, assigns, and administrators. 3 ARTICLE 8. AMENDMENTS ARTICLE 9. INSPECTION AND CONDUCT OF WORK ARTICLE 10. APPLICABLE LAWS AND REGULATIONS ARTICLE 11. PERFORMANCE COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LIMITS :Northbound IH 35 between Grand Avenue Parkway and FM 1325 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. 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. All parties shall adhere to applicable state and federal requirements in the development and construction of the Project. 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 Typed or Printed Name and Title tel.)/3E/ A. 5 7114 kA /(/t ! /KiZ Attest: Rol 4 eII.1 fi! Of . G. Date 13 0 0 Title: COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :IH 35 LI MITS :Northbound IH 35 between Grand Avenue Parkway and FM 1325 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: City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 For the Texas Department of Transportation: Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78761 -5426 COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :HI 35 LIMITS :Northbound 1H 35 between Grand Avenue Parkway and FM 1325 6 1. Project Description Relocation of one (1) exit ramp on IH 35 between Grand Avenue Parkway and FM 1325 in the City of Round Rock. This ramp will be relocated to the south of its existing location. 2. Right of Way The Outside Entity and the State shall jointly be responsible for controlling access along the frontage road in the area of this ramp through the use of their respective police powers. 3. Utility Adjustments/Relocations COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :111 35 LIMITS :Northbound 1H 35 between Grand Avenue Parkway and FM 1325 ATTACHMENT A Payment Provision and Work Responsibilities If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the Outside Entity and/or its consultant shall establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The State shall be responsible for all costs associated with the adjustment not assumed by the utility company. Removal or relocation of such utility facilities shall be in accordance with applicable State law, regulations, policies and procedures. The State will be responsible for all costs associated with any additional utility work. 7 4. Environmental Mitigation COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :1H 35 LIMITS :Northbound 1H 35 between Grand Avenue Parkway and FM 1325 A. The Outside Entity shall prepare the appropriate environmental documentation to secure environmental clearance for the Project. B. The Outside Entity shall coordinate all environmental documentation with the State through Mike Walker, 832 -7168. C. To the extent required to complete the Project, the Outside Entity shall be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. D. All costs associated with the remediation of the environmental problems caused by the negligence or willful conduct of the Outside Entity and/or the property owners shall be the responsibility of the Outside Entity and/or property owners and not the State of Texas. 5. Engineering Services A. The Outside Entity shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S. &E.) necessary for the development of the Project. The P.S. &E. shall be prepared in accordance with all applicable State and Federal guidelines. B. The Engineering plans shall be developed in accordance with the Highway Design Division Operations and Procedures Manual, the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. C. The Outside Entity shall submit the completed P.S. &E. to the State for review and approval. Should the State determine that revisions are required to the documents, the Outside Entity shall make the necessary revisions, prior to the State scheduling a bid opening date. 8 6. Construction Responsibilities COUNTY :Williamson CSJ :0015 -10 -047 HIGHWAY :11135 LI IITS :Northbound 1H 35 between Grand Avenue Parkway and FM 1325 A. After the P.S. &E. is deemed to be complete and approved by the State, the State shall be responsible for obtaining a contractor to perform the work described in Section One of Attachment A. This process shall be accomplished by change order to an existing contract, or through the competitive bidding process at the discretion of the State. 13. The State shall supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S. &E. 7. Maintenance Responsibilities Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. 8. Payment Provisions The Project consists of relocating the northbound exit ramp for FM 1325 to the south of its existing location. The construction costs are estimated at $300,000.00 and are to be funded by the State. The Outside Entity shall be responsible for all costs relating to the environmental phase and the plans specifications and estimate (PS &E). 9 Relocation of Ramps on IH 35 between Grand Ave Pkwy & FM1325 DATE: April 7, 2000 SUBJECT: City Council Meeting — April 13, 2000 ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute a funding agreement with the Texas Department of Transportation for the relocation of ramps on HI 35 between Grand Avenue Parkway and FM 1325. Staff Resource Person: Jim Nuse, Public Works Director. 03/22/2000 WED 13:59 FAX 512 218 3242 Traffic Section Texas Department of Transportation CSJ: 0015 -10 -047 County: Williamson Highway: IH 35 Limits: Northbound IIi 35 between Grand Avenue Parkway and FM 1325 Mr. Thomas E. Word, Jr., P.E. City Traffic Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Word: P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 - 5426 • (512) 832 March 8, 2000 City Attorney 12002 Enclosed are two original counterparts of an agreement for the above referenced project. Please notice that Recital five on Page 1 requires a City of Round Rock resolution or ordinance date. Please enter the date and enclose a copy for our files. Upon your concurrence of the agreement, please execute both original counterparts and return them for final signature. A fully executed agreement will be returned for your files. If you have any questions, please feel free to contact me at 832 -7154. Enclosures RECEIVES 2000 An Equal Opportunity Employer Sincerely, Patsy K. Warren Engineering Specialist