R-00-08-10-10D1 - 8/10/2000RESOLUTION NO. R- 00- 08- 10 -10D1
WHEREAS, Commission Minute Order 108130 authorizes the Texas
Department of Transportation ( "TxDOT ") to undertake and complete
highway improvements generally described as the construction of the
State Highway 45 westbound frontage road from County Road 172 to
County Road 170, and
WHEREAS, TxDOT requires the Round Rock Transportation System
Development Corporation ( "Corporation ") to participate in said
improvements by funding a portion of the improvements, and
WHEREAS, the Corporation wishes to enter into said Funding
Agreement with TxDOT for the construction of the State Highway 45
westbound frontage road from County Road 172 to County Road 170,
and
Ri \WPDOCS \RESOLUTI \R00810D1 WIT/SC
WHEREAS, the City Council wishes to approve of such action,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the City Council hereby approves the action of the Round
Rock Transportation System Development Corporation in entering into
a Funding Agreement with the Texas Department of Transportation for
the construction of the State Highway 45 westbound frontage road
from County Road 172 to County Road 170.
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 10th day of August, 2000.
ATTEST:
E LAND, City Secretary
City of Round Rock, Texas
2
A. STLUKA, JR., Mayor
VI / &Of AUUU tut oj :cz rdt 012 ZIO 3242 Trarrlc section
COUNTY :Williamson
CSJ :0683-06-006/007
HIGHWAY ":SH 45
LIMITS :County Road 170 to
County Road 172
FUNDING AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the
Texas Turnpike Authority, a division of 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
+4» CITY ATTORNEY (¢1002
' WHEREAS, Transportation Code §201 et. seq. and Transportation Code §221 authorizes the
State to lay out, construct, maintain, and operate a system ol'streets, roads, and highways that
Comprise the State Highway System; and,
WHEREAS, Commission Minute Order Number 108130 authorizes the State to undertake and
complete various improvements generally described as the construction of the State Highway 45
westbound frontage road from County Road 172 to County Road 170, including the transition to
the existing roadway east of County Road 170 and the construction of the eastbound frontage
road from County Road 172 to Farm to Market Road 1325, hereinafter called the "Project "; and,
WHEREAS, the Outside Entity believes that the Project would benefit its citizens and has
• therefore requested that the State construct the Project and allow the Outside Entity to participate
in certain costs and obligations associated therewith; and
WHEREAS, the State has determined that such participation is in the best interest of the citizens
of the State; and,
WHEREAS, in order to facilitate construction of the Project the Outside Entity has agreed to
provide right -of -way (or to pay the costs associated with acquiring right -of -way), relocate (or pay
the costs associated with relocation) utility facilities, and to maintain the Project until such time
as relocation of utility facilities is complete and existing facilities have been abandoned;
. 1
8865I:65549AOSTIN:I973523
07/25/2000 TUE 07:22 FAI 512 218 3242
ARTICLE 2. PROJECT FUNDING
Traffic Section
' 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 hereinaftefset
forth, the State and the Outside Entity agree as follows:
AGREEMENT
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.
The State will authorize performance of only those Project items of work which the Outside
Entity and the State have agreed to undertake and/or pay for as described in "Payment Provision
• and Work Responsibilities," as reflected in Attachment "A" which is attached to and made a part
of this Agreement. 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
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 if a party shall fail to remedy any default within ten (10) days after
written notice thereof is received from the non - defaulting party.
This Agreement may also be terminated by any of the following methods:
444 CITY ATTORNEY 16003
• 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.
Notwithstanding a termination of this Agreement, the Outside Entity shall remain obligated to
provide the right -of -way (or funds for acquisition of the right -of -way) for the Project, relocate (or
cause the relocation of) utility facilities, and maintain the Project until such time as the State
assumes the maintenance obligations.
• 86651:65549:AUSfN•197352.3
2
u4i2a /2uuu Jut 07:23 FAA 512 218 3242 Traffic Section 4 ++ CITY ATTORNEY 10004
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. The Outside Entity shall indemnify and hold the State
harmless from and against any claims, losses, causes of action or expenses related to or arising
from the act or omissions of Outside Entity, its employees, agents and others acting on its behalf.
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.
ARTICLE 8. 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 and/or its
consultants 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
A11651 :65549;A1)S11N:197352.3
3
07/25/2000 TUE 07 :23 FAX 512 218 3242 Traffic Section 44 . CITY ATTORNEY 16005
' instructions to the contractor performing the work will be the sole responsibility of the State.
ARTICLE 10. 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
j 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.
ARTICLE 11. APPLICABLE LAWS AND REGULATIONS
All parties shall adhere to applicable state and federal requirements in the development and
construction of the Project.
. ARTICLE 12. SIGNATORY WARRANTY
The signatories to this Agreement warrant that each has the authority to enter into this on behalf
of the organization they represent.
ARTICLE 13. VENUE
; Any and all legal action related directly or indirectly to this Agreement must be filed in Travis
• County, Texas.
. ARTICLE 14. SIGNATORY WARRANTY
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the cntity they represent.
• 88651 :65S49:AUSTIN:197352.3
4
07/25/2000 TUE 07:24 FAX 512 218 3242 Traffic Section
, 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.
TEE 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 Texa
Transportation Commission under the authority of Minute Order
By: Date:
Phillip Russell, P.E., J.D.
Director, Texas Turnpike Authority,
a division of the
Texas Department of Transportation
THE OUTSIDE ENTITY
The City of Round Rock
• By: Date:
Typed or Printed Name and Title
Attest:
Title:
For the purpose of this Agreement, the address of record for each party is as follows:
For the Outside Entity:
City of Round Rock
211 East Main Street
Round Rock, Texas 78664
. For the Texas Turnpike Authority,
a division of the
Texas Department of Transportation
Texas Turnpike Authority
Texas Department of Transportation
88651:655 9AUSr1N:14/3523
5
..4 CITY ATTORNEY I6006
Uii2si2000 rut 07:24 FAX 512 218 3242 Traffic Section 444 CITY ATTORNEY i¢j007
125 E. 11 Street
Austin, Texas 78701
1. Right -of -way
2. Utility Adjustments/Relocations
3. Design
The State 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
Outside Entity shall be responsible for providing right -of -way for the Project or for
reimbursing the State one hundred percent (100 %) of its costs incurred in securing those
portions of the right -of -way for the Project that Outside Entity is unable to provide.
The proposed construction will require the adjustment, removal or relocation of utility
facilities (including, without limitation, equipment and facilities used directly or
indirectly in the provision of water, wastewater, gas, electric, telephone, interact, voice,
video or data transmission services). The State and/or its consultant shall identify the
necessary utility work and notify the appropriate utility companies and the Outside Entity
to design and schedule their adjustments. The Outside Entity shall be responsible for one
hundred percent (100 %) of all costs associated with the relocation and adjustments.
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 one hundred percent (100 %) of all costs associated
with the additional utility work.
The State shall be responsible for the cost of designing the relocation of
telecommunications, electric, and gas utility infrastructure. The Outside Entity shall be
responsible for all costs of designing other utility relocations. including without limitation
water and wastewater facilities.
66651:65549.AU5175:1973523
ATTACHMENT "A"
Payment Provision
• and
Work Responsibilities
6
07/25/2000 TUE 07 :24 FAX 512 218 3242
• ' 4. Environmental Mitigation
A. The State shall prepare the appropriate environmental documentation to secure
environmental clearance for the Project.
B. All costs associated with the remediation of the environmental problems caused
by 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
Traffic Section 44. CITY ATTORNEY t 008
The State 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.
• 6. Construction Responsibilities
A. After the P.S. &E. is deemed to be complete and approved by the State, the State
shall establish a letting date, advertise for construction bids, issue bid proposals,
receive and tabulate bids and award/reject a contract for construction of the
Project.
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.
6. Maintenance Responsibilities
From the date of this Agreement until such time as all necessary utility facility relocations
are complete and facilities existing in the right -of -way for the Project have been
abandoned, the Outside Entity shall be responsible for maintenance of the Project Once
such relocation work is complete and the facilities have been abandoned, the Outside
Entity shall notify the State and the State shall assume responsibility for maintenance
within thirty (30) days of receipt of such notice.
Payment Provisions and Time of Performance
The Project cost, exclusive of right -of -way acquisition, is estimated at $16,350,000.00. The
State shall be responsible for one hundred percent (I00 %) of the costs relating to environmental
documents, environmental 'clearance, plans, specifications and estimates. The Outside Entity
shall be responsible for one hundred percent (100 %) of the costs relating to utility relocation,
88651.65549:AUS11N:197752 }
7
07/25/2000 TUE 07:25 FAX 512 218 3242 Traffic Section . CITY ATTORNEY kg 009
right -of -way coordination and/or purchase, and maintenance of the Project until utility
relocations are complete, utility facilities have been abandoned, and the State has assumed the
maintenance obligation.
The Outside Entity shall (i) obtain rights of access to property necessary for construction to begin
within five (5) months of the date of this Agreement; and (ii) secure the right -of -way required for
the Project and complete the utility relocations required for the Project within one (1) year of the
date of this Agreement. For access rights or right -of -way to be acquired by the State (through
condemnation or other means), the Outside Entity shall reimburse the actual costs incurred by the
State in relation thereto within forty -five- (45) days of receipt of an invoice for such costs.
83651:65549AUST5J:1973523
DATE: August 4, 2000
SUBJECT: City Council Meeting — August 10, 2000
ITEM: 10.D.1. Consider a resolution approving the action of the Transportation
System Development Corporation concerning the Funding
Agreement with the State of Texas for the SH 45 frontage road
project. Staff Resource Person: David Kautz, Finance Director.
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
88651:65549
FUNDING AGREEMENT
COUNTY :Williamson
CSJ :0683 -06 -007
HIGHWAY :SH 45
LIMITS :County Road 170 to
County Road 172
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the
Texas Tumpike Authority, a division of the Texas Department of Transportation, hereinafter called
the "State," and the Round Rock Transportation System Development Corporation, 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 108130 authorizes the State to undertake and
complete various improvements generally described as the construction of the State Highway 45
westbound frontage road from County Road 172 to County Road 170, including the transition to
the existing roadway east of County Road 170 and the construction of the eastbound frontage road
from County Road 172 to Farm to Market Road 1325, hereinafter called the "Project "; and,
WHEREAS, the City of Round Rock, Texas, caused the formation of the Outside Entity pursuant
to the Development Corporation Act of 1979, as amended, art. 5190.6, § 4B Vemon's Ann. Civ.
Stat., to further, in part, the development of streets, roads, drainage and other transportation system
improvements within the City of Round Rock; and
WHEREAS, in entering into this Agreement the Outside Entity is acting for the benefit of the City
of Round Rock and with the consent and approval of the City Council of the City of Round Rock;
and
1
WHEREAS, the Outside Entity believes that the Project would benefit the citizens of the City of
Round Rock and has therefore requested that the State construct the Project and allow the Outside
Entity to participate in certain costs and obligations associated therewith; and
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State; and,
WHEREAS, in order to facilitate construction of the Project the Outside Entity has agreed to
provide right -of -way (or to pay the costs associated with acquiring right -of -way), relocate (or pay
the costs associated with relocation) utility facilities, and to maintain the Project until such time as
relocation of utility facilities is complete and existing facilities have been abandoned;
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 only those Project items of work which the Outside Entity
and the State have agreed to undertake and/or pay for as described in "Payment Provision and Work
Responsibilities," as reflected in Attachment "A" which is attached to and made a part of this
Agreement. 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
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
88651.65549:AUSTIN.212114.
2
entirety at any time if a party shall fail to remedy any default within ten (10) days after written
notice thereof is received from the non - defaulting party.
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.
Notwithstanding a termination of this Agreement, the Outside Entity shall remain obligated to
provide the right -of -way (or funds for acquisition of the right -of -way) for the Project, relocate (or
cause the relocation of) utility facilities, and maintain the Project until such time as the State
assumes the maintenance obligations.
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. The Outside Entity and the City of Round Rock, Texas
shall indemnify and hold the State harmless from and against any claims, losses, causes of action or
expenses related to or arising from the act or omissions of Outside Entity, its employees, agents and
others acting on its behalf. 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.
8865 I:65549:AUSTIN:212114.2
3
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.
ARTICLE 8. 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 and/or its
consultants 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.
ARTICLE 10. 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
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.
ARTICLE 11. APPLICABLE LAWS AND REGULATIONS
All parties shall adhere to applicable state and federal requirements in the development and
construction of the Project.
88651 65549•AUST W:212114.2
4
ARTICLE 12. SIGNATORY WARRANTY
The signatories to this Agreement warrant that each has the authority to enter into this on behalf of
the organization they represent.
ARTICLE 13. VENUE
Any and all legal action related directly or indirectly to this Agreement must be filed in Travis
County, Texas.
ARTICLE 14. 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, and the City of Round Rock, Texas has executed the Agreement to acknowledge its
consent and assumption of certain obligations as specified herein.
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 108265.
Hip Russ - . .,
umpike Te mpike Authority,
a division of the
Texas Department of Transportation
88651:65549:AUSTIN:212114.2
5
Date:
//‘,/zzis,6
THE OUTSIDE ENTITY
Roun. ransportati System Development Corporation
By: 7l��1L � / ;1,GL/i Date: �l1 9
Nam 'x�rt A. Stluka, Jr. !
Title: President
The
and Roc
B
Nam'`' obert A. Stluka, Jr
Title: Mayor
Approval for the execution of this Agreement by the Round Rock Transportation System
Development Corporation was approved by the Round Rock City Council in City Council
Resolution No. R- 00- 08- 10 -10D1 dated August 10, 2000.
For the purpose of this Agreement, the address of record for each party is as follows:
For the Outside Entity:
Round Rock Transportation System Development Corporation
c/o City of Round Rock
221 East Main Street
Round Rock, Texas 78664
For the Texas Turnpike Authority,
a division of the
Texas Department of Transportation
Texas Tumpike Authority
Texas Department of Transportation
125 E. 11 Street
Austin, Texas 78701
Attn: Director
88651:65549.AUSTIN.212114.2
6
For the City of Round Rock:
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
88651.65549.AUSTIN:2121141
1. Right -of -way
88651.65549.AUSTIN•212114.2
ATTACHMENT "A"
Payment Provision
and
Work Responsibilities
The State 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 Outside
Entity shall be responsible for providing right -of -way for the Project or for reimbursing the
State one hundred percent (100 %) of its costs incurred in securing those portions of the
right -of -way for the Project that Outside Entity is unable to provide.
2. Utility Adjustments/Relocations
The proposed construction will require the adjustment, removal or relocation of utility
facilities (including, without limitation, equipment and facilities used directly or indirectly
in the provision of water, wastewater, gas, electric, telephone, internet, voice, video or data
transmission services). The State and/or its consultant shall identify the necessary utility
work and notify the appropriate utility companies and the Outside Entity to design and
schedule their adjustments. The Outside Entity shall be responsible for one hundred percent
(100 %) of all costs associated with the relocation and adjustments. 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
one hundred percent (100 %) of all costs associated with the additional utility work.
3. Design
The State shall be responsible for the cost of designing the relocation of
telecommunications, electric, and gas utility infrastructure. The Outside Entity shall be
responsible for all costs of designing other utility relocations, including without limitation
water and wastewater facilities.
8
4. Environmental Mitigation
A. The State shall prepare the appropriate environmental documentation to secure
environmental clearance for the Project.
B. All costs associated with the remediation of the environmental problems caused by
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
The State 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.
6. Construction Responsibilities
After the P S &E is deemed to be complete and approved by the State, the State shall
establish a letting date, advertise for construction bids, issue bid proposals, receive
and tabulate bids, award/reject a contract for construction of the Project; and
construct the Project pursuant to orders and resolutions of the Texas Turnpike
Authority and the Texas Transportation Commission.
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
From the date of this Agreement until such time as all necessary utility facility relocations
are complete and facilities existing in the right -of -way for the Project have been abandoned,
the Outside Entity shall be responsible for maintenance of the Project. Once such relocation
work is complete and the facilities have been abandoned, the Outside Entity shall notify the
State and the State shall assume responsibility for maintenance within thirty (30) days of
receipt of such notice.
88651:65549:AUSTIN:212114.2
9
88651:65549:AUSTIN:212114 2
Payment Provisions and Time of Performance
The Project cost, exclusive of right -of -way acquisition, is estimated at $16,350,000.00. The State
shall be responsible for one hundred percent (100 %) of the costs relating to environmental
documents, environmental clearance, plans, specifications and estimates. The Outside Entity shall
be responsible for one hundred percent (100 %) of the costs relating to utility relocation, right -of-
way coordination and/or purchase, and maintenance of the Project until utility relocations are
complete, utility facilities have been abandoned, and the State has assumed the maintenance
obligation.
The Outside Entity shall (i) obtain rights of access to property necessary for construction to begin
within five (5) months of the date of this Agreement; and (ii) secure the right -of -way required for
the Project and complete the utility relocations required for the Project within one (1) year of the
date of this Agreement. For access rights or right -of -way to be acquired by the State (through
condemnation or other means), the Outside Entity shall reimburse the actual costs incurred by the
State in relation thereto within forty-five (45) days of receipt of an invoice for such costs.
1 0