R-83-545 - 9/29/1983COMMISSION
ROBERT C. LANIER, CHAIRMAN
ROBERT H. DEDMAN
JOHN R. BUTLER, JR.
Honorable Larry Tonn
Mayor, City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Sir:
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
P. 0. Drawer 15426
Austin, Texas 78761
November 3, 1983
Enclosed please find a copy of the signed agreement, between the City of
Round Rock and the State Department of Highways and Public Transportation,
concerning the construction of a drainage facility under RM 620, within
the city limits of Round Rock.
Should you have any questions concerning this agreement, contact Mr. Carl
Sundbeck at 836 -8640, extension 542.
Enclosure
CTS /slb
Sincerely yours,
R. A. Brown
istric, Engin
ohn L. Wilde
District Maintenance Engineer
ENGINEER - DIRECTOR
MARK G. GOODE
IN REPLY REFER TO
FILE NO
STATE OF TEXAS
COUNTY OF Williamson
AGREEMENT
FOR
CONSTRUCTION ON STATE RIGHT -OF -WAY
WITHIN CITY LIMITS
W I T N E S S E T H
KNOW ALL MEN BY THESE PRESENTS
193 —'
This Agreement made this 29r daY of September , by r �'
and between the State Department of Highways and Public Transporta
tion, hereinafter referred to as "State ", party of the first part, and
th? City of Round Rock ,
hereinafter called "City ", party of
the second part.
WHEREAS, in Williamson
County, the City of Round irk
has requested authorization to perform work on
State -owned right -of -way, and
WHEREAS, said work consisting of construction of a sto
drainage facili under EM620
is shown and described on the plans and specifications attached hereto
and hereinafter referred to as Exhibit A, and
WHEREAS, State funds will not be eligible for expenditure on this
project, and
-1-
,i r
-2-
WHEREAS, the State is agreeable_ with the project.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutu-
al covenants and agreements of the parties hereto to be by them res-
pectively kept and performed as hereinafter set forth, it is agreed as
follows:
1. The State hereby grants to the City the right, privilege and
authority to perform work on State right -of - way as shown on
the attached Exhibit A.
2. Plans and specifications known as Exhibit A, attached 'here-
to, must be approved by the City and the State.
3. Should .the City elect to perform the work by means other
than its own farces and the estimated cost of the work ex-
ceeds $25,000,_the City shall secure from the Contractor, a
performance bond and a payment bond, each in the full amount
of the estimated project cost of $ 18,000 . The City
shall furnish the State (1) evidence of the above referenced
bonds, when bonds are required,. (2). any temporary construc
tion easement(s) required, and (3) an original copy of the
agreement with the developer or contractor.
4. If work is not being accomplished in a timely manner, or if
it is not in accordance with the plans and
the.City shall, upon : notification by the State, take appro-
,pr.iate•action to correct such discrepancies or invoke'the
performance bond to insure the completion of the :,irk in ac-
cordance with the plans and. specifications.
5. Upon completion of the project and acceptance by the State,
the State will maintain the facilities within the right -of
way.
6. The City will maintain facilities outside of State right -of
way to ensure proper operation and function of the facility
on State right -of -way.
7 All work authorized by this Agreement will be performed at
no cost to the State.
8. The City shall, at its own expense, provide for all utility
adjustments and relocations required for construction and
such adjustments or relocations shall conform to the ap, o-
priate State and Federal regulations and policies.
9. The City shall provide necessary safeguards to protect the
public on State- maintained highways including adequate in-
surance for payment of any damages which might result during
the construction: of the facility occupying such airspace or
thereafter, and to save the State harmless from damages, to
the extent of said insurance coverage and insofar as it can
legally do so. Traffic control shall be in accordance with
the Texas Manual on Uniform Traffic Control Devices for
Streets and Highways.
10 The City agrees to indemnify and save harmless the State,
its agents and employees, from all suits, actions or claims
and from all liability and damages for any and all injuries
or damages sustained by any person or property in conse-
quence of any neglect in the performance of the work by the
City and From any claims or amounts arising or recovered un-
der the "orker's Compensation Laws "; Article 6252 -19 of
Vernon's Civil Statutes (Texas Tort Claims Act); or any
other laws.
11. In the event the highway is widened or improved any neces-
sary adjustment or modification of the facilities authorized
herein will be the responsibility of the City.
12. The terms of this Agreement will remain in force as long as
the facility authorized herein remains in use.
13. The City shall contact the State's•District Engineer at
least 24 hours prior to beginning construction so that the
necessary inspection by the State can be arranged.
-3-
IN TESTIMONY KHERECF, the parties hereto have caused these pres-
ents to be executed on =he dates below stated.
THE CIT'i OF Round Rock
By:
ATTEST:
Mayor Pro -tem
City Secretary
Title
Title
Signature
Date: September 29, 1983
-4-
By:
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying out the
orders, established policies or
work programs heretofore ap-
proved and authorized by the
State Highway an Public Trans-
portation Co ion
Engineer - Director
Date: /0/2%3
Executed and approved for the
State Highway and Public Trans-
portation Commission under au-
thority of Commission Minute
No.7'fj� .
RECOMMENDED FCR EXECUTION:
ineer of Safet
ance Operations
j f47 r,,
District Enginee
STATE OF TEXAS
the second part.
State -owned right -of - way, and
•
AGREEMENT
FOR
CONSTRUCTION ON STATE RIGHT -OF -WAY
WITHIN CITY LIMITS
W I T N E S S E T H
- 1 -
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF Williamson
daY of September , 19 R3 , by
This Agreement made this 29th _ �'
and between the State Department of Highways and Public Transporta
tion, hereinafter referred to as "State ", party of the first part, and
hereinafter called "City ", party of
the City of Round Rock _
WHEREAS, in Williamson County, the City of Found ac.k
has requested authorization to perform work on
construction of a storm
WHEREAS, said work consisting of
dra .:e facili under FN620
is shown and described on the plans and specifications attached hereto
and hereinafter referred to as Exhibit A, and
WHEREAS, State funds will not be eligible for expenditure on this
project, and
� ry
WHEREAS, the State is agreeable with the project.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutu-
al covenants and agreements of the parties hereto to be by them res-
pectively kept and performed as hereinafter set forth, it is agreed as
follows:
1. The State hereby grants to the City the right, orivilege and
authority to perform work on State right -of -way as shown on
the attached Exhibit A.
2. Plans and specifications known as Exhibit A, attached 'here-
to, must be approved by the City and the State.
3. Should the City elect to perform the work by means other
than its own forces and the estimated cost of the work ex-
ceeds $25,000,.the City shall secure from the Contractor, a
performance bond and a payment bond, each in the full amount
of the est imated project cost of $ 18,000 . The City
shall furnish the State (1) evidence of the above referenced
bonds, when bonds are required, (2) any temporary construc-
tion easement(s) required, and (3) an original copy of the
agreement with the developer or contractor.
4. If work is not being accomplished in a timely manner, or if
it is not in accordance with the plans and 'specifications,
the City shall, upon notification by the State, take appro-
priate action to correct such discrepancies or invoke'the
performance bond to insure the completion of the ..irk in ac-
cordance with the plans and specifications.
5. Upon completion of the project and acceptance by the State,
the State will maintain the facilities within the right -of-
way.
6. The City will maintain facilities outside of State right -of-
way to ensure proper operation and function of the facility
on State right -of -way.
7. All work authorized by this Agreement will be performed at
no cost to the State.
8. The City shall, at its own expense, provide for all utility
adjustments and relocations required for construction and
such adjustments or relocations shall conform to the appro-
priate State and Federal regulations and policies.
-2-
9. The City shall provide necessary safeguards to protect the
public on State - maintained highways including adequate in-
surance for payment of any damages which might result during
the construction: of the facility occupying such airspace or
thereafter, and to save the State harmless from damages, to
the extent of said insurance coverage and insofar as it can
legally do so. Traffic control shall be in accordance with
the Texas Manual on Uniform Traffic Control Devices for
Streets and Highways.
10 The City agrees to indemnify and save harmless the State,
its agents and employees, from all suits, actions or claims
and from all liability and damages for any and all injuries
or damages sustained by any person or property in conse-
quence of any neglect in the performance of the work by the
City and from 'any claims or amounts arising or recovered un-
der the "Worker's Compensation Laws "; Article 6252 -19 of
Vernon's Civil Statutes (Texas Tort Claims Act); or any
other laws.
11. In the event the highway is widened or improved any neces-
sary adjustment or modification of the facilities authorized
herein will be the responsibility of the City:
12. The terms of this Agreement will remain in force•as long as
the facility authorized herein remains in use:
13. The City shall contact the State's District Engineer at
least 24 hours prior to beginning construction so that the
necessary inspection by the State can be arranged.
-3-
IN TESTIMONY WHERECF, the parties hereto have caused these pres-
ents to be executed on :he dates below stated.
THE CITi OF Round Rock
By:
ATTEST:
Mayor Pro - teem
Title
Date: September 29, 1983 By:
City Secretary
Title
-
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying out the
orders, established policies or
work programs heretofore ap-
proved and authorized by the
State Highway an Public Trans-
portation Co %Ti/ ion
V Ai
ir
Engineer- Director
Date: /0/20'3
Executed and approved for the
State Highway and Public Trans-
portation Commission under au-
thority of.Commission Minute
No.J'85n/
RECOMMENDED FOR EXECUTION:
Mai
ineer of Safet
ante Operations
District Engineer
��`�
�� ��� I�
�I
r
e
TEXAS
RESOLUTION NO. 5 1 /S k
WHEREAS, due to commercial development north of FM 620
near its intersection with Lakecreek Drive it is necessary to
construct a storm water drainage facility under FM 620, and
WHEREAS, Mission Development Corporation has agreed to
construct the needed facility at no cost to the City, and
WHEREAS, approval of the plans and specifications by the
State Department of Highways and Public Transportation is
required, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
ATTEST:
That the Mayor is hereby authorized and directed to
execute on behalf of the City an Agreement with Mission
Development Corporation, a copy of which is attached hereto
as Exhibit "A ", and
BE IT FURTHER RESOLVED, that
The Mayor is hereby authorized and directed to execute
on behalf of the City an Agreement with the State Department
of Highways and Public Transportation, a copy of which is
attached hereto as Exhibit "B ".
RESOLVED this < T~ day of September, 1983.
JI/NNE LAND, City Secretary
am,2
- Mike Robinson, Mayor Pro -tem
City of Round Rock, Texas
5# 5R. /,�, �G zo
9 - a 9 13
COUNTY OF WILLIAMSON
AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
THIS. AGREEMENT made the 25" day of
1983, by and between the City of Round Rock, Texas, herein-
after referred to as "City," and Mission Development
Corporation, hereinafter called "Contractor."
WHEREAS, a commercial development project is now being
constructed at the southeast corner of the intersection of
Lakecreek Drive and Hwy. 620 in the City, and
WHEREAS, the construction project was approved by the
City conditioned upon the developer providing for the
construction and installation of a drainage pipe beneath Hwy.
620 to provide adequate drainage for the developed tract and
adjacent areas, and
WHEREAS, the work to be constructed is shown and
described on the plans and specifications attached hereto as
Exhibit A, and
WHEREAS, the plans and specifications must be approved
by the State Department of Highways and Public Transpor-
tation, and
WHEREAS, the City is agreeable with the project.
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, it is agreed as follows:
1. This agreement is conditioned upon the State
Department of Highways and Public Transportation approving
the plans and specifications.
2. The estimated cost of the work is less than
525,000.00.
3. If work is not being accomplished in a timely manner,
or if it is not in accordance with the plans and
specifications, the Contractor shall, upon notification by
discrepancies
4. All work authorized by this Agreement will be
performed at no cost to the City.
5. The Contractor shall provide necessary safeguards to
protect. the public on State - maintained highways including
adequate insurance for payment of any damages which might
result during the construction of the facility or thereafter,
and to save the City harmless from damages, to the extent of
said insurance coverage and insofar as it can legally do so.
Traffic control shall be in accordance with the Texas Manual
on Uniform Traffic Control Devices for Streets and Highways.
6. The Contractor agrees to indemnify and save harmless
the City, its agents and employees, from all suits, actions
or claims and from all liability and damages for any and all
injuries' or damages sustained by any person or property in
consequence of any neglect in the performance of the work by
the Contractor and from any claims or amounts arising or
recovered under the "Worker's Compensation Laws;" Article
6252 -19 of Vernon's Civil Statutes (Texas Tort Claims Act);
or any other laws.
7. The terms of this Agreement will remain in force as
long as the facility authorized herein remains in use.
8. The Contractor shall contact the City Engineer at
least 48 hours prior to beginning construction so that
necessary inspection by the State can be arranged.
IN TESTIMONY WHEREOF, the parties hereto have caused
this Agreement to be executed on the dates below stated.
'DA Et :�
ATTEST,
9-029-/3
J!/ /.' is a ./
IO /NNE.' :.AND, City Secretary
DATED:"
THE CITY OF ROIdND,ROCK
By:
By:
- 2 -
Mike Robinson, Mayor Pro - tem
MISSION DEVELOPMENT CORPORATION
STATE OF TEXAS
COUNTY OF Williamson
,
This Agreement made this 29th day of Septanber 19 R1 by
and between the State Department of Highways and Public Transporta
tion, hereinafter referred to as "State ", party of the first part, and
the C i t y of Round Rock
hereinafter called "City ", party of
the second part.
WHEREAS, in Williamson County, the City of Round Rnrk
has requested authorization to perform work on
State -owned right -of -way, and
AGREEMENT
FOR
CONSTRUCTION ON STATE RIGHT -OF -WAY
WITHIN CITY LIMITS
W I T N E S S E T H
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, said work consisting of construction of a storm water
draina:e facili under FM620
is shown and described on the plans and specifications attached hereto
and hereinafter referred to. as Exhibit A, and
WHEREAS, State funds will not be eligible for expenditure on this
project, and
-1-
WHEREAS, the State is agreeable with the project.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutu-
al covenants and agreements of the parties hereto to be by them res-
pectively kept and performed as hereinafter set forth, it is agreed as
follows:
1. The State hereby grants to the City the right, privilege and
authority to perform work on State right -of -way as shown on
the attached Exhibit A.
2. Plans and specifications known as Exhibit A, attached here-
to, must be approved by the City and the State.
3. Should the City elect to perform the work by means other
than its own forces and the estimated cost of the work ex-
ceeds $25,000, the City shall secure from the Contractor, a
performance bond and a payment bond, each in the full amount
of the estimated project cost of $ 18,000 . The City
shall furnish the State (1) evidence of the above referenced
bonds, when bonds are required, (2) any temporary construc-
tion easement(s) required, and (3) an original copy of the
agreement with the developer or contractor.
-2-
4. If work is not being accomplished in a timely manner, or if
it is not in accordance with the plans and specifications,
the City shall, upon notification by the State, take appro-
priate action to correct such discrepancies or invoke the
performance bond to insure the completion of the �ork in ac-
cordance with the plans and - specifications.
5. Upon completion of the project and acceptance by the State,
the State will maintain the facilities within the right -of-
way.
6. The City will maintain facilities outside of State right -of-
way to ensure proper operation and function of the facility
on. State right -of -way.
•
7. All work authorized by this Agreement will be performed at
no cost to the State.
8. The City shall, at its own expense, provide for all utility
adjustments and relocations required for construction and
such adjustments or relocations shall conform to the appro-
priate State and Federal regulations and policies.
11111 The City shall provide necessary safeguards to protect the
public on State - maintained highways including adequate in-
surance for payment of any damages which might result during
the construction of the facility occupying such airspace or
thereafter, and to save the State harmless from damages, to
the extent of said insurance coverage and insofar as it can
legally do so. Traffic control shall be in accordance with
the Texas Manual on Uniform Traffic Control Devices for
Streets and Highways.
10. The City agrees to indemnify and save harmless the State,
its agents and employees, from all suits, actions or claims
and from all liability and damaces for any and all injuries
or damages sustained by any person or property in conse-
quence of any neglect in the performance of the work by the
City and from any claims or amounts arising or recovered un-
der the "Worker's Compensation Laws "; Article 6252 -19 of
Vernon's Civil Statutes (Texas Tort Claims Act); or any
other laws.
11. In the event the highway is widened or improved any neces-
sary adjustment or modification of the facilities authorized
herein will be the responsibility of the City.
12. The terms of this Agreement will remain in force as long as
the facility authorized herein remains in use.
13. The City shall contact the State's Engineet.at
least 24 hours prior to beginning construction so that the
necessary inspection by the State can be arranged.
-3-
IN TESTIMONY WHERECF, the parties hereto have caused these Ares-
eats to be executed on the dates below stated.
THE CITY OF Round Rock.
Mayor Pro -tem
Title
Date: September 29; 1983 By:
ATTEST: Executed and approved for the
State Highway and Public Trans-
portation Commission under au-
thority of Commission Minute
No
Signature
City Secretary
Title
-4-
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying out the
orders, established policies or
work programs heretofore ap-
proved and authorized by the
State Highway and Public Trans-
portation Commission:
Date:
Engineer - Director
RECOMMENDED FOR EXECUTION:,
Director, Finance
Chief Engineer of Safety
& Maintenance Operations
District Engineer