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R-99-02-25-13G3 - 2/25/1999RESOLUTION NO. R- 99- 02- 25 -13G3 WHEREAS, Commission Minute Order 107389 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the construction of turnarounds and frontage road improvements in the City of Round Rock, and WHEREAS, TxDOT requires the City to participate in said improvements by funding a portion of the improvements, and WHEREAS, TxDOT has submitted a Funding Agreement for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard /Burnet Road) and at BI 35 -L (South Mays Street /Hester'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 a Funding Agreement with TxDOT for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard /Burnet Road) and at BI 35 -L (South Mays Street /Hester'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 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 K:\ WPDOCS \RSSOL111I \R90225GI.WPD /ecg and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 25th day of February, 1999. ATTEST: ANNE LAND, City Secretary HARLES CULPEPBERV}I1ayor City of Round Roc , Texa 2 THE STATE OF TEXAS THE COUNTY OF TRAVIS FUNDING AGREEMENT National Highway System (3E) WITNESSETH COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 - L & at FM 1325 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, the Intermodal Surface Transportation Efficiency Act of 1991, ( "ISTEA) codified under title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and 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 107389 authorizes the State to undertake and complete various improvements generally described as the construction of turnarounds and frontage road improvements in the City of Round Rock, hereinafter called the Project; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvements by funding fifty percent (50 %) of the costs required to construct 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: ARTICLE 1. TIME PERIOD COVERED COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 -L & at FM 1325 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 has requested and has 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 paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, 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 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, the Outside Entity will be responsible for fifty percent (50 %) of the costs incurred towards construction. 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 contemplated 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 COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :1H 35 LIMITS :At S BI 35 -L & at FM 1325 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 ARTICLE 11. INSPECTION OF BOOKS AND RECORDS ARTICLE 12. APPLICABLE LAWS AND REGULATIONS COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 -L & at FM 1325 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. 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. All applicable State and Federal laws and regulations will be adhered to in the development and construction of the Project. 4 ARTICLE 13. 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 14. 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 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 100002. Title: By ,(� Date nce J. atopek Director, General Services Division THE OUT IDE ENTITY The C /.fRo By Typed or Printed Name and Title Ciiibet.e5 111 p,' Agyae Attest: � .'11 I_ 4 41 it 1� � C /ry cieztrA,ey COUNTY :Williamson CSI :0015 -09 -127 HIGHWAY :1H 35 LIMITS :At S BI 35 -L & at FM 1325 Date FEeeemiey 45,1999 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: City of Round Rock Z.Z ff East Main Street Round Rock, Texas 78664 For the Texas Department of Transportation: Texas Department of Transportation Austin District P. O. Drawer 15426 Austin, Texas 78761 -5426 COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 -L & at FM 1325 6 1. Right of Way 2. Utility Adjustments/Relocations 3. Environmental Mitigation COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 -L & at FM 1325 ATTACHMENT A Payment Provision and Work Responsibilities 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. 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. A. The State shall prepare the appropriate environmental documentation and secure environmental clearance for the Project. 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. 4. Engineering Services COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 -L & at FM 1325 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 State and Federal guidelines. 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. 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. 5. 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 6. Maintenance Responsibilities Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. Payment Provisions COUNTY :Williamson CSJ :0015 -09 -127 HIGHWAY :IH 35 LIMITS :At S BI 35 -L & at FM 1325 The Outside Entity shall be responsible for fifty percent (50 %) of the construction costs. The State shall administer the construction contract at no cost to the Outside Entity and fund one hundred percent of the construction engineering costs. The Project construction costs are estimated at $5,500,000.00. The Outside Entity shall transmit a check, made payable to the Texas Department of Transportation, in the amount of $2,750,000.00 within thirty (30) days of the bid opening date. The State will be responsible for securing the remaining balance. In the event that the project construction costs exceed $5,500,000.00, fifty percent (50 %) of the additional costs will be required from the Outside Entity. These costs will be due thirty (30) days from receipt of notification. When the Project is completed, an audit will be performed. All remaining funds due to the Outside Entity will be promptly returned 9 I O t t inn U 11W jf�� RESOLUTION NO. R- 98- 02- 26 -10B WHEREAS, Texas Transportation Commission Minute Order 107389 ( "Order ") authorizes the Texas Department of Transportation to undertake and complete highway improvements generally described as turnaround structures on IH -35 at FM 1325 Crossing, and WHEREAS, R:\ WP00CS \BBSOLOTL\NS903]6B.wpo /BCB the construction of and on IH -35 at Hester's these structures will facilitate traffic flow and mitigate congestion and will provide a better transportation facility for local residents and the traveling public, and WHEREAS, the City Council wishes to accept and approve the provisions of the Order, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby accepts and approves the provisions of the Order attached hereto and incorporated herein for all purposes. The Motion to approve the Order was made by Councilman Jimmy Joseph and seconded by councilman Rick Stewart Councilmembers voting in favor of the motion were as follows: Mayor Charles Culpepper Mayor Pro -tem Earl Palmer, Councilman Robert Stluka, Councilman Rod Morgan, Councilman Rick Stewart, Councilwoman Martha Chavez, Councilman Jimmy Joseph Those voting in opposition to the motion were as follows: None 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 26th day of F bruary, 1998. ATTEST: LAND, City Secretary y ./ CHAkLES C PER, Mayor City of Round Rock, Texas 2 SENT BY: XEROX TeIecopier 7011; 0— 0 —a0 ; a :uI t'r WILLIAMSON County District AUSTIN TEXAS TRANSPORTATION COMMISSION IAUUI— 4ic ouc ,l..... MINUTE ORDER Page I of 2 WHEREAS, in WILLIAMSON COUNTY on INTERSTATE HIGHWAY 35, the City of Round Rock (the "city") has requested the construction of turnaround structures, at Farm to Market Road 1325 and at Hester's Crossing; and WHEREAS, the construction of these structures will facilitate traffic flow and mitigate congestion and will provide a better transportation facility for local residents and the traveling public; and WHEREAS, the city has offered to assist with project development and construction; and WHEREAS, the Texas Transportation Commission acknowledges the city's offer to assume substantial financial responsibility toward the development and construction of the proposed project, which wilt contribute to addressing the transportation needs of this area in an expeditious manner; and WHEREAS, the right of way and utility adjustments for the structures at Farm to Market Road 1325 shall be acquired by Williamson County in accordance with existing Minute Order 83158, dated May 22, 1985; and WHEREAS, this action is consistent with the 1997 -2001 Strategic Plan strategy to plan, design, and manage highway projects; NOW, THEREFORE, IT IS ORDERED that the executive director is directed to tender the following proposal to the city: Provided that the city will: 1. Provide preliminary engineering, including acceptable schematics that are in compliance with standards and policies of the Texas Department of Transportation (the "department "). 2. Provide right of way documents, plans, specifications, and estimates for the above - mentioned turnaround structures in compliance with standards and policies of the department. 3. Provide fifty percent of the cost of construction. The fifty percent share is estimated to he $2,750,000. 4. Furnish all required right of way fo: the Hester's Crossing site, free of cost and clear of obstructions, with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 5. Provide utility adjustments as required for the Hester's Crossing site in accordance wit`. the standards and policies of the department. SENT 6Y: xt!Ux lelecopter 1U17: 2— Z —ya : 3:1J1 WILLIAMSON County District AUSTIN Submitted by: Inteit Director, Trans ion Planning and Programming Division TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 2 of 2 The department will: 1. Provide all environmental documents and secure environmental clearances. 2. Provide fifty percent of the cost of construction. The fifty percent share is estimated to be $2,750,000. 3. Let the project, administer the construction contract and fund one hundred percent of construction engineering costs. IT IS FURTHER ORDERED that when this Minute Order is declared operative, the executive director,is authorized to proceed in the most feasible and economical manner with project development to include construction of turnaround structures on Interstate Highway 35 at an estimated construction cost of $2,750,000 to be funded in Priority 1, Category 3E, National Highway System Miscellaneous, of the 1998 Unified Transportation Program. This order shall become operative upon acceptance by the city, and if not accepted within 90 days of the date hereof, the action contained in this order shall not be implemented. Recommended b erim Executive Director Minute Number Date Passed IAIIUI^ OI[ 04G 11401M p Reviewed by: Interim Deputy Executive Director fo Transportation Planning and Development 107389 JAN 29 88 DATE: February 19, 1999 SUBJECT: City Council Meeting — February 25, 1999 ITEM: 13.G.3. Consider a resolution authorizing the Mayor to enter into a Funding Agreement with the Texas Department of Transportation for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard/Burnet Road) and at BI35- L (South Mays Street/Hester's Crossing). The City of Round Rock and the Texas Department of Transportation ( TxDOT) are working as partners to construct three frontage road turnaround structures on 1H 35 in Round Rock (two at FM 1325 and one on the south side of Hester's Crossing). The City's participation in the project was approved through the adoption of Resolution No. R- 98- 02- 26 -10B. This Funding Agreement establishes in writing the fiscal and contracting arrangements that the City and TxDOT will use in implementing this project. The terms included in the Funding Agreement are consistent with those the City Council agreed to through resolution R- 98- 02- 26 -10B. The project is being funded from the '' /z cent sales tax for transportation. Staff Resource Person: Jim Nuse, Public Works Director. Ar Texas Department of Transportation CSJ: 0015 -09 -127 Highway: 1H 35 County: Williamson Limits: At S BI 35 -L & at FM 1325 Mr. Thomas E. Word, Jr., P.E. City Traffic Engineer 221 East Main Street Round Rock, Texas 78664 Enclosures xc: James Klotz, P.E. Danny Stabeno P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 June 1, 1999 Dear Mr. Word: Enclosed is an executed original counterpart of an agreement for the above referenced project. The City's share, $2,750,000.00, for the construction phase of the project, will be requested sixty (60) days prior to bid opening and will become due thirty (30) days from notification. If you have any questions, please feel free to contact me at 512/832 -154. Sincerely, An Equal Opportunity Employer Patsy K. K. Warren Engineering Specialist DATE: July 1, 1999 TO: Christine Martinez Assistant City Secretary FROM: Thomas E. Word, Jr., P.E. Traffic Engineer RE: Executed Funding Agreement for IH 35 Turnarounds Resolution No. R- 99- 02- 25 -13G3 Attached for your records is the City's original executed copy of the above described Funding Agreement with the Texas Department of Transportation. Please let me know if you have any questions. Thanks for your help! Attachment Mayor Charles Culpepper Mayor Protem Robert Stluk,, Connell Members Earl M. Hairston Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets Li fY OF ROUND ROCK April 30, 1999 Texas Department of Transportation Attention: Lawrence J. Zatopek, Director General Services Division P. 0. Drawer 15426 Austin, Texas 78761 -5426 Dear Mr. Zatopek: The Round Rock City Council approved Resolution No. R- 99- 02- 25 -13G3 at their regularly scheduled meeting on February 25, 1999. This resolution approves a Funding Agreement with TxDOT for the construction of turnarounds and frontage road improvements on IH 35 at FM 1325 (Louis Henna Boulevard /Burnet Road) and at BI 35 - L (South Mays Street /Hester's Crossing. Enclosed is a certified copy of the resolution and two original Funding Agreements. Please return one of the original agreements to me after it has been executed. If you have any questions, please do not hesitate to contact Tom Word, City Traffic Engineer at 218 -5562. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax 512 -218 -7097 oeahtd 1- 800 - 735- 2989TDD 1- 800.735 -2988 Voice www, ci. round -rock tx.us 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400