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R-00-11-21-10C2 - 11/21/2000RESOLUTION NO. R- 00 -11 -21 -1002 WHEREAS, Commission Minute Order 107420 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the installation of a box culvert, and WHEREAS, TxDOT requires the City to participate in said improvements by funding a portion of the improvements, and WHEREAS, TxDOT has submitted an Advance Funding Agreement for Standard Highway Improvement Projects (On- System) ( "Funding Agreement ") for the construction required to install a box culvert in the vicinity of RM 620 and the Round Rock Hospital, 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 an Advance Funding Agreement for Standard Highway Improvement Projects (On- System) with TxDOT for the construction required to install a box culvert in the vicinity of RM 620 and the Round Rock Hospital, 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 R:\ WPOOCS \RESOLUTI \R01121C2.WPO /ec 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 ATTEST: Wr(.S JO LAND, City Secretary 21st day of November, 2000. 2 A. STLUKA, '• , Mayor City of Round Rock, Texas ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON- SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital 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 authorize 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 107420 authorizes the State to undertake and complete a project generally described as the installation of a box culvert; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvements by funding the construction required to install a box culvert in the vicinity of RM 620 and the Round Rock Hospital; hereinafter called the Project; and WHEREAS, the Outside Entity has approved entering into this agreement by Resolution or Ordinance dated 1) .1/-00 , copy attached hereto. WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and, NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Outside Entity agree as follows: 1 ARTICLE 1. TIME PERIOD COVERED COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital AGREEMENT This Agreement becomes effective when signed by the last party whose signature makes the agreement fully executed. 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 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, Attachment A Payment Provision and Work Responsibilities also stipulates, if applicable, those 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; • 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 set forth, the Outside Entity will be responsible for all indirect and direct costs incurred by the State. 2 ARTICLE 4. RIGHT OF ACCESS COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital 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 described 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. 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 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. 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. 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. 3 ARTICLE 10. 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 11. INCREASED COSTS In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the work, the Outside Entity will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed, stating the reasons. The Outside Entity shall pay the funds to the State within 30 days of the written notification unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 3 — Termination. If this is fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside entity. ARTICLE 12. MAINTENANCE 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. ARTICLE 13. APPLICABLE LAWS AND REGULATIONS COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital All applicable laws and regulations will be adhered to by the State and the Outside Entity, in the development and construction of the Project. 4 ARTICLE 14. SIGNATORY WARRANTY The signatories to this Agreement warrant that each has the authority to enter into this on behalf of the party they represent. ARTICLE 15. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. 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 Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY Round i.' ock COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital 0 4> :rt. /-ark _� Date )2 Typed or Printed Name and Title ASE/2T / • c_57 3'. mI yOR, Attes Title: I C i ry 66Oi26TARy 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 COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital 6 COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital ATTACHMENT A Payment Provision and Work Responsibilities 1. Project Descripion Design and Construction of a Box Culvert across RM 620 at the Round Rock Hospital. 2. Right of Way 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. 3. 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. 4. Environmental Mitigation A. The Outside Entity shall prepare the appropriate environmental documentation and secure environmental clearance for the Project. Coordination of the documentation will be through Mr. Mike Walker, Environmental Coordinator, TxDOT, 512/832 -7168. COUNTY .Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital 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. 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. 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 guidelines, deemed necessary by the State. 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, if applicable. 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. 6. 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. 8 Funding Breakdown: Bid Items Construction Engineering (11 %) Estimated TxDOT Review Costs Estimated TxDOT Bid Opening Costs Estimated Project Total Payment Provisions COUNTY :Williamson CSJ :0683 -01 -060 HIGHWAY :RM 620 LIMITS: At the Round Rock Hospital The Outside Entity shall provide the plans, specifications and estimates required to construct a box culvert across RM 620 at the Round Rock Hospital. The Project costs will be based on an actual cost agreement estimated at $338,000.00. This amount includes construction engineering, TxDOT design review and bid letting costs for the Project. A check or warrant in the amount of $3,000.00 will be required from the Outside Entity prior to TxDOT participation in the Project. This amount will be applied towards TxDOT design review and coordination of the Project. The remaining balance of the Project will be requested ninety (90) days prior to bid letting and will be due within thirty (30) days from notification. A final audit will be conducted by the State after the Project has been completed. Any additional costs required to complete the project will be requested at that time with payment being due thirty (30) days from notification. All additional costs due to the Outside Entity will be promptly returned. 9 $300,000.00 33,000.00 3,000.00 2,000.00 $338,000.00 RM 620-Box Culvert d S:\Umphics\Council AgendaWagineerinel 042-00 \RM 620-Box Culvert DATE: November 15, 2000 SUBJECT: City Council Meeting — November 21, 2000 ITEM: 10.C.2. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement for Standard Highway Improvement Projects (On- System) with the Texas Department of Transportation for the construction required to install a box culvert in the vicinity of RM 620 and the Round Rock Hospital. The total agreement amount will be based on actual Project costs, which are estimated at $338,000.00. Resource: Jim Nuse, Public Works Director Don Rundell History: In December 1999 the City of Round Rock entered into several Cost Participation Agreements with the upstream property owners. These agreements require the property owners to pay $4,800.00 per acre to participate in the project and their regional detention share to waive on -site detention. Public Comment: N/A Sponsor: N/A TxDot will handle the Bidding and Construction Management Phases of the project, per this Agreement currently under consideration. Funding: Cost: Estimated at $338,000.00 Total Budget is $567,000.00 Source of funds: Regional Detention, and December 1999 Cost Participation Agreements Outside Resources: TxDOT Impact: This improvement will allow a 100 -year storm event to flow under R.M. 620 Benefit: This improvement will prevent flooding of the upstream properties, north of R.M. 620 and R.M. 620, during a large storm event. Texas Department of Transportation CSJ: 0683 -01 -060 County: Williamson Highway: RM 620 Limits: At Round Rock Hospital 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 December 15, 2000 Enclosed for your files, is an executed original counterpart of an agreement for the above referenced project. The remaining balance of the project funding will be due thirty days prior to bid advertisement. If you have any questions, please feel free to contact me at 832 -7154. Enclosure xc: Gerald Pohlmeyer, Georgetown Area Office Danny Stabeno Chris Hatla An Equal Opportunity Employer Sincerely, Patsy K. Warren Engineering Speci alist