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R-00-12-21-9C3 - 12/21/2000RESOLUTION NO. R- 00- 12- 21 -9C3 WHEREAS, Commission Minute Order 107420 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as an interim tie -in at Ryan's Crossing, 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 complete the tie -in at Ryan'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 an Advance Funding Agreement for Standard Highway Improvement Projects (On- System) with TxDOT for the construction required to complete the tie -in at Ryan'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 N: \WPDOCS \Aeaoluci \TXDOT.WPD /OC 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 21st day of December, 2000. ATTEST: LAND, City Secretary City of Round Rock, Texas 2 PmIV : -- 1 :.:� .0 w e :p Moo �2 11 11: e if111na 1 Roadway Tie -in Improvements Nolan Ryan Blvd. @ US 79 MIRAP W 6LtlUNCIL AOSNDA DIDMffi9051®tD90U311LDAOADgAY 9]9- 91®IYANS 608911. DATE: December 15, 2000 SUBJECT: City Council Meeting — December 21, 2000 ITEM: 9.C.3. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement for Standard Highway Improvement Projects with the Texas Department of Transportation for interim roadway tie -in improvements at Ryan's Crossing. Resource: Jim Nuse/Danny Halden History: US 79 is presently under construction by TxDOT along the frontage of Ryan's Crossing, a single - family subdivision approximately 0.2 mile west of CR 122. Milburn Homes, the developer of Ryan's Crossing, has agreed to pay for interim improvements across the construction area to the existing highway to facilitate entry to sections of the subdivision that are complete and in which homes are under construction. TxDOT cannot receive funds unless they come from a City, County, etc. Milbum has issued a check to the City of Round Rock in the amount of $18,000 (the amount stipulated in the agreement). The agreement will enable TxDOT to receive the funds from the City of Round Rock. The interim improvements have been completed. Funding: Cost: $18,000 Source of funds: Continental Homes of Texas dba Milburn Homes Outside Resources: TxDoT Impact/Benefit: This will improve the safety of the entrance on an interim basis. Public Comment: N/A RECEIVED FEB 1 5 2001 Ar Texas Department of Transportation CSJ: 0204 -01 -050 County: Williamson Highway: US 79 Mr. Danny Holden. City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 - 5426 • (512) 832 - 7000 February 9, 2001 Subject: Interim tie -in at Ryan's Crossing Dear Mr. Holden: Enclosed for your files is a fully executed original counterpart of an agreement for the above referenced project. If we can be of further assistance, please feel free to contact me at 832 -7154. Sincerely, Enclosures xc: Gerald Pohlmeyer Danny Stabeno An Equal Opportunity Employer Patsy K. Warren Engineering Specialist ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON- SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § WITNESSETH COUNTY :Williamson CSJ :0204 -01 -050 HIGHWAY :US 79 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 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 an interim tie -in at Ryan's Crossing; 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 complete the tie -in at Ryans Crossing; hereinafter called the Project; and 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: R -oo -I - - 9C3 1 ARTICLE 1. TIME PERIOD COVERED COUNTY :Williamson CSJ :0204 -01 -050 HIGHWAY :US 79 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. 2 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 to execute the work described 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 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 ARTICLE 8. AMENDMENTS ARTICLE 9. INTEREST COUNTY :Williamson CSJ :0204 - 01-050 HIGHWAY :US 79 This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, executors, assigns, and administrators. 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. 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. MAINTENANCE COUNTY :Williamson CSJ :0204 -01 -050 HIGHWAY :US 79 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 11. APPLICABLE LAWS AND REGULATIONS 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 12. SIGNATORY WARRANTY The signatories to this Agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. ARTICLE 13. 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. ct P te. William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY d _' ock COUNTY :Williamson CSJ :0204 -01 -050 HIGHWAY :US 79 5 Date / . 8 �OOI Typed or Printed Name and Title £O86/Pr R. srLuER, 3; mRyok. Attest: Title: A C ni/C S For the purpose of this Agreement, the address of record for each party shall be as shown on the following page. 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 :0204 -01 -050 HIGHWAY :US 79 1. Project Description COUNTY :Williamson CSJ :0204 -01 -050 HIGHWAY :US 79 2. Right of Way N/A If right of way is Entity for its permanent records. 3. Utility Adjustments/Relocations N/A ATTACHMENT A Payment Provision and Work Responsibilities Provide for an interim tie -in at Ryan's Crossing (on US 79 approximately .2 mile West of CR 122) in the City of Round Rock, in advance of final construction on US 79. quircd, the Outaidc Entity shall prepare right of way maps, property and notify the appropriate utility company to design and schedule their adjustments. The Outside Entity shall be responsible for all costs as : - assumcd by tho utility company. Removal or relocation of such utility facilities shall be in 7 additional utilities arc required to be adjucted, removed or relocated during tho COUNTY :Williamson CSJ :0204 -01 -050 HIGHWAY :US 79 4. Environmental Mitigation N/A The Outside Entity shall prepare tho appropriate cnvironmcntal documentation and secure environmental clearance for thc Project. Coordination of the l3 TxDOT, 512/832 7168. responsible for tho mitigation and rcmcdiation of any cnvironmcntal problems 5. Engineering Services N/A A wncrs shall be the csponsibility of the Outside Entity and/or property owners and not the State of Texas. The Outside Entity shall prepare or cause to be prepared thc engineering plans, Project. The P.S. &E.. h —bc. prepared in accordance with all applicable guidelines, deemed necessary by thc State. a_ ... 1• Construction and Maintenance of Highways. Streets, and Bridges and tho Texas Accessibility Standards, if applicable. E The Outside Entity shall submit thc completed P.S. &E. to thc State for roviow and State determine that revisions arc required to the documents, thc Outside Entity 8 6. Construction Responsibilities The State shall be responsible for the construction by way of the contractor contracted for US 79 from CR 195 to McNutt Creek. 7. Payment Provisions COUNTY :Williamson CSJ :0204 - 01-050 HIGHWAY :US 79 The Outside Entity shall provide the costs required for Project completion. This is a fixed cost agreement in the amount of $18,000.00. No additional costs will be required from the Outside Entity. 9 RESOLUTION NO. R- 00- 12- 21 -9C3 WHEREAS, Commission Minute Order 107420 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as an interim tie -in at Ryan's Crossing, 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 complete the tie -in at Ryan'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 an Advance Funding Agreement for Standard Highway Improvement Projects (On- System) with TxDOT for the construction required to complete the tie -in at Ryan'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 Re \"PDOCS \Reeoluti \TXDOT."PD /sc 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 21st day of December, 2000. ATTEST: E LAND, City Secretary ,N i RO T A. STLUKA, 'R., Mayor City of Round Rock, Texas 2 A CONNECTING PENTAGONS WHEN HELD TO THE LIGHT AND "SAFE" APPEARS WHEN VIEWED AT AN At �SGFE�int,' Pay •• *•EIGHTEEN THOUSAND AND XX / 100 US DOLLAR•'•• To The Order Of CITY OF ROUND ROCK 22.1 E. MAIN STREET ROUND ROCK, TX 78664 Phn. (512) 218-5400 TEXAS DEPT O18TRANSPORTATION P 0 Drawer 15426 Aushn 78761 -5426 CHASE BANK OF TEXAS SAN ANGELA, TEXAS Date 26.Jan.2001 11 1 :LL L 30013801: 0830003773911• 88-88 1113 020754 Pay Amount $18,000.00 * ** Check Date: 26.Jan.2001 Check No 020754 Invoice Number 1 Invoice Date 1 Voucher ID 1 Gross Amount 1 Discount Available 1 Paid Amount 17.Jan.2001 00036752 18,000.00 011701 0.00 18,000.00 Vender Number 0000004560 Check Number 020754 Date 26.Jan.2001 Name 'l etas Dept Of Transportation Total Amount $18,000.00 Late Interest 0.00 otal Discounts $0.00 Discounts taken 0. 00 TIN Total Pald Amount $ 18,000.00