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R-00-07-13-10D3 - 7/13/2000K \WPDOCS \RESOLDTI \R0071303 .NPO /ac RESOLUTION NO. R- 00- 07- 13 -10D3 WHEREAS, Commission Minute Order 107389 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the construction of turnarounds and frontage road improvements in the City of Round Rock, 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 construction of turnaround and frontage road improvements on IH 35 at Hester's Crossing, 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 construction of turnaround and frontage road improvements on IH 35 at Hester's Crossing, 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 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 July, 2000. ATTEST: V " E LAND, City Secretary City of Round Rock, Texas 2 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § FUNDING AGREEMENT National Highway System (3E) COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :111 35 LIMITS :At BI 35 -L (Hesters Crossing) 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, the Intermodal Surface Transportation Efficiency Act of 1991, ( "ISTEA) codified under title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, Commission Minute Order Number 107389 authorizes the State to undertake and complete various improvements generally described as the construction of turnarounds and frontage road improvements in the City of Round Rock, hereinafter called the Project; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvements by funding fifty percent (50 %) of the costs 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 governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated JLlL y 13,.2c106 , which is attached hereto and made a part hereof as Attachment A; 1 ARTICLE 1. TIME PERIOD COVERED COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :IH 35 LIMITS :At BI 35 -L (Hesters Crossing) 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: 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 AGREEMENT The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in 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, Payment Provision and Work Responsibilities, 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 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; 2 ARTICLE 4. RIGHT OF ACCESS ARTICLE 5. RESPONSIBILITIES OF THE PARTIES COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :IH 35 LIMITS :At BI 35 -L (Hesters Crossing) • 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 this Agreement is terminated in accordance with the provisions, the Outside Entity will be responsible for fifty percent (50 %) of the costs incurred towards construction. 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 to execute the work contemplated in the Agreement. The Outside Entity will provide for all necessary right -of -way and utility adjustments needed for performance of the work regardless of ownership of the right -of -way or utility facility. 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, between the Outside Entity and the State. 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 COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :11135 LIMITS :At BI 35 -L (Hesters Crossing) 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. INTEREST The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. ARTICLE 10. DEBARMENT CERTIFICATIONS The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). ARTICLE 11. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this agreement, 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 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 to this Agreement, 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 12. INSPECTION OF BOOKS AND RECORDS The State will, for the purpose of termination of the Agreement prior to completion, examine the books and records of the Outside Entity for the purpose of checking the amount of the work performed by the Outside Entity at the time of contract termination. The Outside Entity shall 4 ARTICLE 13. APPLICABLE LAWS AND REGULATIONS ARTICLE 14. MAINTENANCE COUNTY :Williamson CSI :0015 -09 -134 HIGHWAY :111 35 LIMITS :At BI 35 -L (Hesters Crossing) maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, U. S. Department of Transportation (USDOT) or their duly authorized representative for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State USDOT and their duly authorized representatives shall have access to all records of the Outside Entity which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. All applicable State and Federal laws and regulations will be adhered to in the development and construction of the Project. Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 5 ARTICLE 15. SIGNATORY WARRANTY COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :HI 35 LIMITS :At BI 35 -L (Hesters Crossing) The signatories to this Agreement warrant that each has the authority to enter into this on behalf of the parties represented. ARTICLE 16. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. 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. B Date Jennifer D. Soldano, Director .:. Contract Services Office THE OUTSIDE ENTITY od'S + • '� ��� A' 7 -13 -00 • 4 lb 1 �/ Y Date Typed or Printed Name and Title EO& ' €r R Li/ wk- A � f , /II yuR For the purpose of this Agreement, the address of record for each party shall be as shown on the following page. 6 For the Outside Entity: Thomas E. Word, Jr., P.E. City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 For the Texas Department of Transportation: William C. Garbade, P.E. Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78761 -5426 COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :IH 35 LIMITS :At BI 35 -L (Hesters Crossing) 7 1. Right of Way COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :11.135 LIMITS :At BI 35 -L (Resters Crossing) ATTACHMENT A Payment Provision and Work Responsibilities If right of way is required, the Outside Entity shall prepare right of way maps, property descriptions and other data as needed to properly describe the right of way for the Project. All applicable Federal and State laws, governing the acquisition policies for acquiring real property, will be used. The right of way maps and property descriptions shall be submitted to the State for approval. Tracings of the maps shall be retained by the Outside Entity for its permanent records. 2. Utility Adjustments/Relocations If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the Outside Entity and/or its consultant will establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The Outside Entity 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. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the Outside Entity will be responsible for all costs associated with the additional utility work within its jurisdiction. 3. Environmental Mitigation A. The State shall prepare the appropriate environmental documentation and secure environmental clearance for the Project. B. To the extent required to complete the Project, the Outside Entity will be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. 8 C. 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. 4. Engineering Services COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :11135 LIMITS :At BI 35 -L (Hesters Crossing) 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 Hivhways, 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, three (3) months prior to the anticipated bid opening date. Should the State determine that revisions are required to the documents, the Outside Entity shall make the necessary revisions, prior to the State's bid opening date. 5. Construction Responsibilities A. After approval of the P.S.&E., the State shall advertise for construction bids, issue bid proposals, receive and tabulate bids and award/reject a contract for construction of the Project 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. 9 6. Payment Provisions COUNTY :Williamson CSJ :0015 -09 -134 HIGHWAY :HI 35 LIMITS :At BI 35 -L (Hesters Crossing): The Outside Entity shall be responsible for fifty percent (50 %) of the construction costs. The State shall administer the construction contract at no cost to the Outside Entity and fund one hundred percent of the construction engineering costs. The Project construction costs are estimated at $1,800,000.00. The Outside Entity shall transmit a check, made payable to the Texas Department of Transportation, in the amount of $900,000.00 within thirty (30) days of the bid opening date. The State will be responsible for securing the remaining balance. A State audit will be performed after project completion. In the event that the project construction costs exceed $1,800,000.00, fifty percent (50 %) of the additional costs will be requested from the Outside Entity. These costs will be due thirty (30) days from receipt of notification. All remaining funds due to the Outside Entity will be promptly returned. 10 DATE: July 7, 2000 SUBJECT: City Council Meeting — July 13, 2000 ITEM: 10.D.3. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the Texas Department of Transportation for the construction of turnaround and frontage road improvements on IH- 35 at Hester's Crossing. Staff Resource Person: Jim Nuse, Public Works Director. Christine Martinez From: Cindy Fronk Sent: July 27, 2000 4:30 PM To: Christine Martinez Subject: RE: TxDOT _ Send them to me. Thanks. — Original Message — From: Christine Martinez Sent: July 27, 2000 4:28 PM To: Cindy Fronk Subject: TxDOT Cindy: Do you want me to send the two agreements regarding the funding for the tumarounds at Hester's back to TxDOT or do you want me to send them to you? Let me know. These were approved on July 13, 2000. --------------- - Christine R. Martinez Administration City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Phone: (512) 218 -5404 Fax: (512) 218 -7097 Email: christinem rock.tx.us Texas Department of Transportation CSJ: 0015 -09 -134 Highway: HI 35 County: Williamson Limits: At BI 35 -L (Resters Crossing) Construct Turnaround and Frontage Road Improvements 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 - 7000 June 15, 2000 Enclosed are two original counterparts of an agreement for the above referenced project. This project was originally included in CSJ 0015 -09 -127; however, it has been separated to accommodate a different letting date and CSJ number. The assignment of a different project designator requires a new agreement to properly track the project costs. Please notice that recital six on page one requires a resolution date. This resolution approves the City to enter into the agreement with TxDOT. Please place the date in the space provided and attach a copy of the resolution to each original agreement. The project is currently scheduled for an October, 2000 bid opening thus requiring the agreement to be executed by both parties and the City's share of costs received prior to September 6, 2000. Your assistance in helping us meet this schedule would be appreciated. If you have any questions, please feel free to contact me at 512/832 -154. Enclosures xc: James Klotz, P.E. An Equal Opportunity Employer Sipcerely, YC. T.cJGLt�tQ.r -� Patsy K. Warren Engineering Specialist RECEIVED JUN 2 6 2000