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R-89-1267 - 4/13/1989RESOLUTION NO. 17/. A RESOLUTION OF THE CITY OF ROUND ROCK TEXAS, DIRECTING STAFF TO PROCEED WITH SUBMITTAL OF A GRANT APPLICATION FOR PARTICIPATION IN THE LANDSCAPE COST SHARING PROGRAM THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; PROVIDING FOR THE BEAUTIFICATION OF INTERSTATE 35. WHEREAS, it is the considered belief and opinion of the Round Rock City Council that participation in such a program will best serve the needs of the community; and WHEREAS, the Round Rock City Council is of the opinion that such participation may provide for the efficient use of City resources; and WHEREAS, the Round Rock City Council is of the opinion that beautification of the Interstate will benefit the overall community as well as the State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK; TEXAS: Section 1. That a Grant Application for the City of Round Rock be submitted for participation in the Landscape Cost Sharing Program. Section 2. That the purpose of the Grant Application is: A. Participation in State Funds for the benefit of the City of Round Rock. B. Provide for the enhancement in the appearance of the City of Round Rock. Section _. That the development and implementation of the Grant Application and project he coordinated through the City of Round Rock Parks and Recreation Department. Section 4. That this resolution shall become effective from and after the date of its passage. ATTEST: RESOLVED this the ./3 _day of J !� 14 _ ANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas Mayor Mike Robinson Mayor Pro -tem Charles Culpepper Council Members John Hood Tish Oatman Pete Correa Ronnie Jean Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets May 16, 1990 Dear Barrie: Thank you. enclosure THE CITY OF ROUND ROCK 221 East Main Street. Round Rack, Texas 78664 512- 255 -3612 Ms. Barrie Cogburn State Department of Highways and Public Transportation Post Office Drawer 15426. NEAS Austin, Texas 78761 -5426 Re: Landscape Cost Sharing Program Agreement. Enclosed is the second set of originals with the Mayor's signature on page 6. When fully executed, please send a set of originals back to the City to my attention and I will forward it on the City Secretary for filing with Resolution 1267R. t Ramona Ryan. Secre Planning and Community Development City of Round Rock a3 cc: Joanne Land Assistant City Manager /City Secretary City of Round Rock THE STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", and the City of Round Rock, acting by and through its duly authorized officials, as evidenced by Resolution /Ordinance No. 1 , dated ...4* 115. co , hereinafter called the "City ". W I T N E S S E T H WHEREAS, the State owns and maintains a system of highways, including IH 35 in Williamson County, Texas, for public use and benefit; and WHEREAS, the City has requested State participation in a Landscape Cost Sharing Program project along IH 35, within the City of Round Rock, hereinafter called the "Project ", and as shown on the attached EXHIBIT A; and WHEREAS, the City has committed to cooperating with the State by providing a total non -cash contribution of $142,650.00 toward the completion of the Project, which sum represents the agreed, fair - market, non -cash value of furnishing the project design plan at the agreed value of $16,000.00, of installation of plant material and irrigation system components provided by the State at the agreed value of $82,300.00, of erecting and maintaining required barricades, signs and traffic handling devices at the agreed value of $2,700.00, of furnishing and placing topsoil and mulch at the agreed value of $10,500.00, and of Project maintenance for a period of 24 consecutive months at the agreed value of $31,150.00; and WHEREAS, State Highway and Public Transportation Commission Minute Order 89229, dated August 29, 1989, attached hereto and labeled EXHIBIT B authorizes the State to cooperate with the City in the development of the Project by providing State funds which will be utilized to purchase and furnish for the City's installation and subsequent maintenance, plant material and irrigation system components as required on the Project and as shown on the Project Design Plan; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: ARTICLE 1. Term of Agreement. A G R E E M E N T This agreement becomes effective when finally executed by the State and shall terminate upon satisfactory completion of the work as called for by the Project Design Plan and as stipulated within this Agreement, unless otherwise terminated as provided hereinafter. Page 1 of 6 ARTICLE 2. Project Design Plan. The City shall prepare the Project Design Plan. The Project Design Plan shall be incorporated into this Agreement by reference. ARTICLE 3. Project Funding. The total estimated cost of the Project is $272,675.00, and shall be funded jointly by the State and the City. State funds in an amount estimated not to exceed $130,025.00 will be utilized to purchase and furnish for the City's installation and subsequent maintenance, required plant material and irrigation system components for the Project. The City's share of the project is $142,650.00, which sum represents the agreed, fair - market, non -cash values of providing the Project Design Plan, of installing all plant material and irrigation system components furnished by the State, of erecting and maintaining barricades, signs and traffic handling devices, of furnishing and placing topsoil and mulch for plant material and of project maintenance and establishment activities for a period of 24 consecutive months. ARTICLE 4. Responsibility of the Parties. A. The City agrees to: 1. 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 by any abutting, adjoining or other property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement, to the extent allowed by State Law; provided that such indemnity expressly shall not extend to any injuries or damages caused by or in connection with any negligence or wilfull misconduct of the State, its officers, agents, contractors or employees. 2. Indemnify, defend and hold the State harmless from any and all claims and lawsuits by third parties arising from or incident to the performance, or failure of performance, of the City, its officers, employees or agents under this Agreement, to the extent allowed by State Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right, at it's option and expense, to participate in the defense of any suit, without relieving the City of any obligation hereunder; provided that such indemnity expressly shall not extend to any claims or lawsuits by third parties caused by or in connection with any negligence or wilfull misconduct of the State, its officers, agents, contractors or employees. Page 2 of 6 3. Provide the Project Design Plan. 4. Provide all required mulch, soil mix and incidentals for the Project. 5. Perform, to the satisfaction of the State, project and site maintenance for a period of two (2) consecutive years. Maintenance shall begin after all plant material, fertilizer, mulch, tree staking and incidentals have been installed by the City. Maintenance shall include, but shall not be limited to the following activities: (a) B. The State agrees to: Pruning, fertilizing and disease control as may be reasonably required to insure the continued viability and establishment of the plant material. (b) Maintenance of the plant basins to maintain watering rings and to insure that plant basins are free of vegetative growth which would reasonably affect the growth of the plants. (c) Providing water in the amount and to the frequency required to insure the continued viability and establishment of the plant material. (d) Replacement of plant material as may be reasonably required to insure the Project functions as intended during the term of the Agreement. 5. Furnish, erect and maintain any barricades, signs and traffic handling devices, in accordance with the latest Manual of Uniform Traffic Control Devices, and to the satisfaction of the State, as may be required to protect the safety of the travelling public while performing any work on the Project during this Agreement. 1. Obligate State funds in the amount of $130,025.00 which will be utilized to purchase required plant material, irrigation components, and incidentals in accordance with the Project Design Plan. 2. Prepare and submit requisitions for required plant material, irrigation components and incidentals in accordance with existing statutes and regulations relating to the purchase of material with state funds, and in accordance with the Project Design Plans. 3. Furnish plant material, irrigation components and incidentals after receipt to the City. Page 3 of 6 4. Cooperate with the City in determining the requirements relating to barricades, signs and traffic handling devices which may be required during the term of the agreement. ARTICLE 5. Overruns /Underruns. The State will make recommendation of awards for the bid or bids received for required materials as follows: 1. If, after receiving bids for required materials, the cumulative total of the lowest bid or bids exceeds $130,025.00, the State at it's sole option may reject any or all of the bids to insure that the amount of available funding is not exceeded, revise the quantity of material to be furnished, and resubmit the bid or bids. 2. If, after receiving bids for required materials, the cumulative total of the lowest bid or bids does not exceed $130,025.00, the State will recommend award of the bid or bids. Unless, in the sole opinion of the State, it is determined that furnishing additional material with any remaining funds in in the best interest of the Project, the State will not purchase material in excess of that requested by the City in the City's proposal, and as shown in the Project Design Plan, as would be necessary to insure that the amount of State funds obligated for this Project is fully expended. ARTICLE 6. Disputes. Should disputes arise as to the party's obligations under this Agreement, the State's decision shall be final and binding. ARTICLE 7. Amendments. Changes in time frame, character, cost, or obligations herein shall be enacted .y written amendment. All amendments to this Agreement must be executed by both parties within the contract period specified in Article 1. ARTICLE 8. Successors and Assigns. The State and the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. ARTICLE 9. Remedies. Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. This Agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Page 4 of 6 ARTICLE 10. Insurance. At the time of execution (signature) of the Agreement by the City, the City shall attach required Insurance documents to each Agreement counterpart. If the City is a self- insured entity, the City shall extend the protection of it's self - insurance to the State for any and all damages and injuries arising from the City's performance under the Agreement, by naming the State as an "Additional Insured" under exising self - insurance policies. The City shall label such documentation EXHIBIT C. If the City is not a self- insured entity, the City shall furnish the State with a completed Certificate of Insurance (SDHPT Form 20.102), and shall label such documentation EXHIBIT C. The City shall maintain insurance during the term of the Agreement. — ARTICLE 11. Termination. This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. B. By either party upon thirty days written notice to the other party. C. By either party, upon the failure of the other party to fulfill it's obligations as set forth in this Agreement. D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed hereabove, the City shall, at the option of the State, reimburse any reasonable costs incurred _by the State. ARTICLE 12. Gratuities. State Department of Highways and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the State Department of Highways and Public Transportation Engineer - Director. Any person doing business with or who may reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this contract. Page 5 of 6 IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. THE CITY OF ROUND ROCK THE STATE OF TEXAS Date • May 8, 1990 Page 6of6 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 State Highway and Public Transportation Commission. By: 2# By Mike Robinson, Mayor Typed Name and Title Henry A. Thomason, Jr., P.E. — Deouty Director. Field Operations Date 1 Srtrp L.4 A E 1 1 \ 1 \ 11 • - — =csBEGIN rROJECT _ - - - / ---:_-, .., ,.. ..„ li 11 - It Il ROUND ROCK ----,, \ 5; - /ATM 01 5 lann 00.v. 4. 1 Poo ILS12 ,... i i a...LE 04 n • G... ;• ---. . 7i --,- ■A ''',,, •.:ot`--- — - : _ . \-,_ •-sel), ik 1 \ . / / , ,) e 1 k 11 ' '' F . ' 11/-'- E i N ' D-PR 0 J EC T 11 District No. AUSTIN (14) ' (Title) Chief Engineer, aintenance Approved and Operations Division Ilk STATE DEPARTMENT OF IIICHWAYS AND PUBLIC TRANSPORTATION WILLIAMSON County MINUTE ORDER Page 1 of 1 Pages WHEREAS, in WILLIAMSON COUNTY, on INTERSTATE HIGHWAY 35, from Farm to Market Road 3406 to State Loop 384 within the City of Round Rock, a distance of approximately 3.3 miles, the City of Round Rock desires to perform a Landscape Cost Sharing Program project, and has committed a total non -cash contribution of $142,650.00 toward the completion of the project, which sum represents the agreed, fair - market, non -cash values of furnishing the project design plan, of installing material furnished by the Department, of furnishing topsoil and mulch, and of performing project maintenance and establishment activities for a period of 24 months; and WHEREAS, the State Department of Highways and Public Transportation desires to cooperate in this endeavor by obligating State funds in the amount of $130,025.00 which will be utilized to purchase and furnish for the City's installation and subsequent maintenance, required landscape and irrigation system material; NOW, THEREFORE, IT IS ORDERED that the Engineer Director will accept this offer with gratitude and enter into any necessary agreements with the City of Round Rock for the completion of the work, financing the State costs with funds authorized by the Landscape Cost Sharing Program, under Commission Minute Order 88295, at a State cost estimated not to exceed $130,025.00. ngtn EXHIBIT B E amined and r'�� ende. b .Jeputy Director Director Minute Number Date Passed 89229 1T-S--2-9 89 DATE: April 11, 1989 SUBJECT: Council Agenda, April 13, 1989 ITEM: 13H. Consider a resolution concerning the IH -35 Landscape Cost Sharing Program. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: This resolution provides the official transmittal to be attached to the plans for IH -35. It indicates that our City is prepared to enter into certain contracts for the beautification of the right -of -way in Round Rock. ECONOMIC IMPACT: This program is a dollar for dollar match with the City committing $100,000 of the total program amount of $200,000.