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R-99-05-13-13B16 - 5/13/1999RESOLUTION NO. R- 99- 05- 13 -13B16 WHEREAS, Commission Minute Order 85094 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the construction of drainage culverts under US 79, west of FM 1460, 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 the construction of drainage culverts under US 79, west of FM 1460, and WHEREAS, the City wishes to enter into said Advance 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 with TxDOT for the construction of drainage culverts under US 79, west of FM 1460, 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 K. \WPOOCS \RESOLUTI \R90513B.16/scg 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 13th day of May,, 1999. ATTEST: 2 CHARLES CULPEP•'R, Mayor City of Round Rock, Texa 05/10/99 14:15 $218 5563 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § WITNESSETH PUBLIC WORKS COUNTY Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 ADVANCE FUNDING AGREEMENT 444 CITY HALL 2002/010 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 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 85094 authorizes the State to undertake and complete improvements generally described as the construction of a box culvert under US 79, West of FM 1460, 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 providing 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: MAY -10 -1999 15:23 1 21B 5563 98% P.02 05/10/99 14:15, $218 5563 ARTICLE 1. TIME PERIOD COVERED ARTICLE 2. PROJECT FUNDING ARTICLE 3. TERMINATION MAY -10 -1999 1523 PUBLIC WORKS » -.a CITY HALL Wn003 /010 COUNTY :Williamson CSI :0204 -01 -990 HIGHWAY :US 79 AGREEMENT 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. The State will authorize performance of those Project items and participate in funding, as described within Attachment A, Payment Provisions and Work Responsibilities. 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. • 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 the contract is terminated by the Outside Entity, the Outside Entity will be responsible for all direct and indirect costs incurred by the State. 2 218 5563 98% P.03 05/10/99 ,14:15 13'218 5563 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 S. 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 PUBLIC WORKS +-» CITY HALL (1004 /010 COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 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. 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. MAY -10 -1999 15:24 3 218 5563 98% P.04 05/10/99 ,14:16 218 5563 ARTICLE 9. INTEREST PUBLIC WORKS 444 CITY HALL 005 /010 COUNTY :Williamson CST :0204 -01 -990 HIGHWAY US 79 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. ARTICLE 10. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, 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 funding necessary to cover the additional costs. The funds shall be due from the Outside Entity within 30 days of written notification from the State, unless otherwise agreed to by all parties. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 3 - Termination. In the event that the funding provided by the Outside Entity exceeds the amount necessary to cover the State's cost of performance of the Outside Entity's requested work, the State shall refund the excess funds to the Outside Entity. The State shall refund said excess funds to the Outside Entity within thirty (30) days after the Project has been completed and accepted by all parties or after this Agreement has been terminated as provided herein. ARTICLE 12. APPLICABLE LAWS AND REGULATIONS All applicable State regulations will be adhered to in the development and construction of the Project. MAY -10 -1999 15:24 218 5563 4 98% P.05 05/10/99 14:16 22218 5563 PUBLIC i* --. CITY HALL 1006 /010 THE STATE OF TEXAS MAY - 10 - 1999 15:24 COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY US 79 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. 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. B Date William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY The City of Round Rock B Date Typed or Printed Name and Title Attest: Title. For the purpose of this Agreement, the address of record for each party shall be as shown on the following page. 5 218 5563 987 P.06 05/10/99 14:16 9218 5563 For the Outside Entity: City of Round Rock 211 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 PUBLIC WORKS ++ CITY HALL 4007/010 COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 6 MAY -10 -1999 15:24 218 5563 98z P.07 05/10/99 14:16 8218 5563 PUBLIC WORKS 44+ CITY HALL 1d008 /010 1. Project Description 2. Right of Way 3. Utility Adjustments/Relocations 4. Environmental Mitigation MAY -10 -1999 15:25 COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 ATTACHMENT A Payment Provision and Work Responsibilities Construction of a 4 barrel 6'x6' box culvert structure under US 79 West of FM 1460 in the City of Round Rock, Texas The Outside Entity shall prepare right of way maps, property descriptions and other data needed, utilizing all applicable Federal and State laws governing the acquisition policies for acquiring real property. 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 State for its permanent records. If the proposed construction requires the adjustment, removal or relocation of 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 and such adjustment, removal or relocation 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 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, TxDOT, 512/832 -7168. 7 218 5563 99% P.08 05/10/99 14:17 V218 5563 B. 4. Engineering Services MRY -10 -1999 15:25 PUBLIC WORKS .. CITY HALL Id009/01O COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 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_ 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 guidelines. B. The Engineering plans shall be developed in accordance with the Highway Design Division Operations and Procedures Manual, and the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges Manual. 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. S 218 5563 99% P.09 05/10/99 14:17. ''218 5563 PUBLIC WORKS +4+ CITY HALL Z010/010 COUNTY Williamson CSI :0204 -01 -990 HIGHWAY :US 79 6. Maintenance Responsibilities Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. Funding Breakdown: Bid Items Construction Engineering (11 %) Estimated TxDOT Review Costs Estimated TxDOT Bid Opening Costs Estimated Project Total MAY -10 -1999 15:25 Payment Provisions The Outside Entity shall provide the plans, specifications and estimates required to construct a 4 barrel 6'x6' box culvert structure. The Project costs will be based on an actual cost agreement, estimated to be $217,285.00. This amount includes construction engineering, TxDOT design review and bid letting costs for the Project. The Outside Entity shall transmit a check, made payable to the Texas Department of Transportation in the amount of $2,000.00 with two executed original counterparts of the agreement, to the address shown on Page 6 of this agreement. 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. All project cost overruns will be requested from the Outside Entity and will be due thirty (30) days from the State's notification. All excess funds in the Project will be returned to the Outside Entity. 9 210 5563 99% $193,050.00 21,235.00 2,000.00 1,000.00 $217,285.00 P.10 DATE: May 7, 1999 SUBJECT: City Council Meeting — May 13, 1999 ITEM: 13.B.16. Consider a resolution authorizing the Mayor to execute a funding agreement with TxDOT in the amount of $193,050.00 for the construction of drainage culverts under US 79 for the Mesa Park Drainage Improvements. Staff Resource Person: Jim Nuse, Public Works Director. THE STATE OF TEXAS § THE COUNTY OF TRAVIS § COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY US 79 ADVANCE FUNDING AGREEMENT C � 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 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 85094 authorizes the State to undertake and complete improvements generally described as the construction of a box culvert under US 79, West of FM 1460, 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 providing 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: 1 ARTICLE 1. TIME PERIOD COVERED COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 AGREEMENT 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 those Project items and participate in funding, as described within Attachment A, Payment Provisions and Work Responsibilities. 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. • 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 the contract is terminated by the Outside Entity, the Outside Entity will be responsible for all direct and indirect costs incurred by the State. 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 COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 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. 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. 3 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. ARTICLE 10. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, 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 COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 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 funding necessary to cover the additional costs. The funds shall be due from the Outside Entity within 30 days of written notification from the State, unless otherwise agreed to by all parties. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 3 - Termination. In the event that the funding provided by the Outside Entity exceeds the amount necessary to cover the State's cost of performance of the Outside Entity's requested work, the State shall refund the excess funds to the Outside Entity. The State shall refund said excess funds to the Outside Entity within thirty (30) days after the Project has been completed and accepted by all parties or after this Agreement has been terminated as provided herein. ARTICLE 12. APPLICABLE LAWS AND REGULATIONS All applicable State 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. B Date William C. Garbade, P.E. Austin District Engineer THE OUTSIDE ENTITY The By Typed or Printed Name and Title CH fl k?LES CU L P E P P E , E ' / /) /9 yCi Attest:,/, /i /L Title: Date di y 6cc,eeTiey COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 5 -/3 -99 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 211 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 :0204 -01 -990 HIGHWAY :US 79 4. Environmental Mitigation COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 ATTACHMENT A Payment Provision and Work Responsibilities 1. Project Description Construction of a 4 barrel 6'x6' box culvert structure under US 79 West of FM 1460 in the City of Round Rock, Texas. 2. Right of Way The Outside Entity shall prepare right of way maps, property descriptions and other data needed, utilizing all applicable Federal and State laws governing the acquisition policies for acquiring real property. 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 State for its permanent records. 3. Utility Adjustments/Relocations If the proposed construction requires the adjustment, removal or relocation of 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 and such adjustment, removal or relocation 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 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, TxDOT, 512/832 -7168. 7 B. COUNTY :Williamson CSJ :0204 -01 -990 HIGHWAY :US 79 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 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 guidelines. B. The Engineering plans shall be developed in accordance with the Highway Design Division Operations and Procedures Manual, and the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges Manual. 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 COUNTY :Williamson CSI :0204 -01 -990 HIGHWAY :US 79 Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. Payment Provisions The Outside Entity shall provide the plans, specifications and estimates required to construct a 4 barrel 6'x6' box culvert structure. The Project costs will be based on an actual cost agreement, estimated to be $217,285.00. This amount includes construction engineering, TxDOT design review and bid letting costs for the Project. The Outside Entity shall transmit a check, made payable to the Texas Department of Transportation in the amount of $2,000.00 with two executed original counterparts of the agreement, to the address shown on Page 6 of this agreement. 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. All project cost overruns will be requested from the Outside Entity and will be due thirty (30) days from the State's notification. All excess funds in the Project will be returned to the Outside Entity. Funding Breakdown: Bid Items Construction Engineering (11 %) Estimated TxDOT Review Costs Estimated TxDOT Bid Opening Costs Estimated Project Total 9 $193,050.00 21,235.00 2,000.00 1.000.00 $217,285.00