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R-99-08-12-10D8 - 8/12/1999DATE: October 4, 1999 TO: Christine Martinez Assistant City Secretary FROM: Thomas E. Word, Jr., P.E. Traffic Engineer Funding Agreement with TxDOT for US 79 Construction Project R- 99- 08- 12 -10D8 Attached for your files is the executed original of the Funding Agreement with TxDOT for the US 79 construction project from CR 195 to CR 110, and for Harrell Parkway. Please let me know if you need any other information for this project. Attachment Funding Agreement il" Texas Department of Transportation CSJ: 0204 -01 -050, 0914 -01 -051 County: Williamson Highway: US 79, etc. Limits: 1.5 Mi. E. of FM 1460 to 3.8 Mi, E. of FM 1460 Mr. Thomas E. Word, Jr., P.E. City Traffic Engineer 221 East Main Street Round Rock, Texas 78664 Dear Mr. Word: PO. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 September 13, 1999 The above referenced project is currently scheduled for a December, 1999 bid opening. In accordance with the project agreement, please transmit a check made payable to the Texas Department of Transportation, attention Patsy Warren, in the amount of 8980,697.00, prior to November 10, 1999. This total includes 20% of the construction costs for CSJ 0204 -01 -050 and 100% of the estimated construction costs plus 9.5% engineering & contingencies for project CSJ 0914 -05 -104. Please keep in mind that this amount is an estimated project cost and any additional costs required to complete the project, will be required, at the same percentage, after the project has been constructed and an audit has been performed. An original executed agreement is enclosed for your files. If you have any questions, please feel free to contact me at 832 -7154. Sincerely, Enclosures xc: Gerald Pohlmeyer Danny Stabeno An Equal Opportunity Employer Patsy K. Warren Engineering Specialist THE STATE OF TEXAS THE COUNTY OF TRAVIS § FUNDING AGREEMENT Strategic Priority Program WITNESSETH COUNTY :Williamson CSJ :0204 -01- 050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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 107707 authorizes the State to undertake and complete various improvements generally described as the construction of a four -lane divided highway along US 79 from County Road 195 to County Road 110, a distance of approximately 2.9 miles 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 a portion 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, 1 COUNTY :Williamson CSJ :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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 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 and Exhibit 1 to Attachment A. 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 ARTICLE 6. SOLE AGREEMENT 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 COUNTY :Williamson CSJ :0204 -01- 050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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. 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 ARTICLE 10. INSPECTION AND CONDUCT OF WORK COUNTY :Williamson CSI :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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. 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. APPLICABLE LAWS AND REGULATIONS All applicable State and Federal laws and regulations will be adhered to in the development and construction of the Project. 4 ARTICLE 12. SIGNATORY WARRANTY The signatories to this Agreement warrant that each has the authority to enter into this on behalf of the organization they represent. ARTICLE 13. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this Agreement, each of which shall be deemed an original for all purposes. THE STATE OF TEXAS 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 3wrenee3. Zatopek ._. ;it.- !i: -L:-(" ,< Director, General Services Division THE OUTSIDE ENTITY Round Reck gesd,- k', F f /Y C& Date F- Typed or Printed Name and Title ,e.'T 4. 6 TL 1i ei, (TR. Attest: COUNTY :Williamson CSJ :0204 -01- 050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 Title: y SeC.eE7Th y 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 :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 6 1. Right of Way 3. Environmental Mitigation COUNTY :Williamson CSI :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 ATTACHMENT A Payment Provision and Work Responsibilities 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. 2. Utility Adjustments/Relocations If the proposed construction along US 79 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 ten percent (10 %) of all reimbursable utility adjustments. Removal or relocation of such utility facilities shall be in accordance with applicable State law, regulations, policies and procedures. Any additional relocations associated with the reconstruction of Old Settlers Park Road, will be borne in its entirety by the City of Round Rock. 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. 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. 7 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 :0204 -01 -050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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 Payment Provisions COUNTY :Williamson CSI :0204 -01- 050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. The Outside Entity shall provide all preliminary engineering, environmental studies, right of way (including any right of way for environmental mitigation) ten percent (10 %) of the reimbursable utility adjustments and twenty percent (20 %) of the construction costs for the Project. The State shall provide ninety percent (90 %) of the reimbursable utility adjustments, eighty percent (80 %) of the construction costs and one hundred percent (100 %) of the construction engineering costs required to complete the Project. The Project costs are estimated at $3,152,000.00. The Outside Entity costs are estimated at $630,400.00, with the remaining balance due by the State. The Outside Entity shall submit payment to the State sixty (60) days prior to bid opening. If the construction contract for the Project should overrun the estimated cost, the Outside Entity will be responsible for twenty percent (20 %) of the additional costs. Payment will be due from the Outside Entity when the Project is completed and an audit has been performed. All costs remaining in the Project and due to the Outside Entity will be returned promptly. The Outside Entity shall also be financially responsible for one hundred percent of the right of way, utility relocation, construction and construction engineering costs for the reconstruction of approximately 1600 ft. of Old Settlers Park Road. The estimated cost for this work is $131,600.00 including 11% construction engineering. All additional costs required to reconstruct this roadway will be the responsibility of the Outside Entity. All remaining costs will be promptly returned. 9 COUNTY :Williamson CSJ :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 Estimated Cost Summary — US 79 Project Old Settlers Park Road Reconstruction $3,152,000.00 $ 131,600.00 Total amount due from Outside Entity sixty (60) days prior to bid opening $630,400.00 131.600 00 $762,000.00 10 RESOLUTION NO. R- 99- 08- 12 -10D8 WHEREAS, Commission Minute Order 107707 authorizes the Texas Department of Transportation ( "TxDOT ") to undertake and complete highway improvements generally described as the construction of a four -lane divided highway along US 79 from County Road 195 to County Road 110, 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 a four -lane divided highway along US 79 from County Road 195 to County Road 110, 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 a four -lane divided highway along US 79 from County Road 195 to County Road 110, 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 K: \WPDOCS \RESOLUTI \R9OY12O8 _WPD /,,9 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 12th day of August, 1999. ATTEST: E LAND, City Secretary ROB •T A. STLUKA, J,7., Mayor City of Round Rock, Texas 2 THE STATE OF TEXAS § THE COUNTY OF TRAVIS FUNDING AGREEMENT Strategic Priority Program § 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 COUNTY :Williamson CSJ :0204 -01- 050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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 107707 authorizes the State to undertake and complete various improvements generally described as the construction of a four -lane divided highway along US 79 from County Road 195 to County Road 110, a distance of approximately 2.9 miles 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 a portion 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, 1 COUNTY :Williamson CSJ :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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: AGREEMENT ARTICLE 1. TIME PERIOD COVERED 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 and Exhibit 1 to Attachment A. 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 m 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 COUNTY :Williamson CSJ :0204 -01 -050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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. 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 COUNTY :Williamson CSJ :0204 -01 -050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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. APPLICABLE LAWS AND REGULATIONS All applicable State and Federal laws and regulations will be adhered to in the development and construction of the Project. 4 ARTICLE 12. SIGNATORY WARRANTY The signatories to this Agreement warrant that each has the authority to enter into this on behalf of the organization they represent. ARTICLE 13. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this Agreement, each of which shall be deemed an original for all purposes. TIIE 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. By Date Lawrence J. Zatopek Director, General Services Division THE OUTSIDE ENTITY The -C-it • f Rou i d ' As Typed or Printed Name an. Title 486.er . 65Ti_uf4 , . Attest: AzAtdi COUNTY :Williamson CSJ :0204 -01 -050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 Date is -99 Title: &/7 cSE4 Z67RQi 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 :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 6 COUNTY :Williamson CSJ :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 ATTACHMENT A Payment Provision and Work Responsibilities 1. 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. 2. Utility Adjustments/Relocations If the proposed construction along US 79 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 ten percent (10 %) of all reimbursable utility adjustments. Removal or relocation of such utility facilities shall be in accordance with applicable State law, regulations, policies and procedures. Any additional relocations associated with the reconstruction of Old Settlers Park Road, will be borne in its entirety by the City of Round Rock. 3. Environmental Mitigation 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. 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. 7 COUNTY :Williamson CSJ :0204 -01 -050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 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 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 COUNTY :Williamson CSJ :0204 -01- 050, 0914 -05 -912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 6. Maintenance Responsibilities Upon completion of the Project, the State shall assume responsibility for the maintenance of the completed facility. Payment Provisions The Outside Entity shall provide all preliminary engineering, environmental studies, right of way (including any right of way for environmental mitigation) ten percent (10 %) of the reimbursable utility adjustments and twenty percent (20 %) of the construction costs for the Project. The State shall provide ninety percent (90 %) of the reimbursable utility adjustments, eighty percent (80 %) of the construction costs and one hundred percent (100 %) of the construction engineering costs required to complete the Project. The Project costs are estimated at $3,152,000.00. The Outside Entity costs are estimated at $630,400.00, with the remaining balance due by the State. The Outside Entity shall submit payment to the State sixty (60) days prior to bid opening. If the construction contract for the Project should overrun the estimated cost, the Outside Entity will be responsible for twenty percent (20 %) of the additional costs. Payment will be due from the Outside Entity when the Project is completed and an audit has been performed. All costs remaining in the Project and due to the Outside Entity will be returned promptly. The Outside Entity shall also be financially responsible for one hundred percent of the right of way, utility relocation, construction and construction engineering costs for the reconstruction of approximately 1600 ft. of Old Settlers Park Road. The estimated cost for this work is $131,600.00 including 11% construction engineering. All additional costs required to reconstruct this roadway will be the responsibility of the Outside Entity. All remaining costs will be promptly returned. 9 COUNTY :Williamson CSJ :0204-01-050, 0914-05-912 HIGHWAY :US 79 LIMITS :1.5 Mi E of FM 1460 to 3.8 Mi E of FM 1460 Estimated Cost Summary — US 79 Project Old Settlers Park Road Reconstruction Total amount due from Outside Entity sixty (60) days prior to bid opening $630,400.00 131,600.00 $762,000.00 10 $3,152,000,00 $ 131,600.00 C4 14 W 4,10 naP I -4 as f_ s � I' COr�TYR�AD1�3 —� 1 5 Si�I ig• f L11 T I Zl I 1 nN 2 J MN Is ma la I, To. 1 MUM . -- =t, 1� .11k I 7i1 U.S. 79 IMPROVEMENTS a o RFSnC cre DATE: August 6, 1999 SUBJECT: City Council Meeting — August 12, 1999 ITEM: 10.D.8. Consider a resolution authorizing the Mayor to enter into a Funding Agreement with the Texas Department of Transportation for the construction of a four lane divided highway along US 79 from County Road 195 to County Road 110. The City of Round Rock and the Texas Department of Transportation (TxDOT) are working in partnership to construct a four lane divided highway along US 79 from County Road 195 to County Road 110. The City's participation in the project was approved through the adoption of Resolution No. R- 99 -01- 14-14A3. This Funding Agreement establishes in writing the fiscal and contracting arrangement 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 No. R- 99- 01- 14 -14A3. The project is being funded from the %z cent sales tax for transportation. Staff Resource Person: Jim Nuse, Public Works Director.