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R-99-08-30-3A6 - 8/30/1999Poet -It® Fax Note 7671 �l 1!-_ 60/110".6., Z _ i1 ! , !/' CoJDapt C e. 1 Phone # Phone # Fax # 1 . — Fax JUN 17 1999 14:44 FR TX DOT ROW Ar Texas Departm Utility Relocations Mr. Thomas E. Word, Jr., P.E. City of Round Rock 221 East Main Street Round Rock, Texas 78664 Dear Mr. Word: JUN -17 -1999 14:46 P.O. DRAWER 15426* AUS June 17, 1999 CSJ 0204 -01 -050 Williamson County U.S. 79: 1.5 Mi E of FM 1460 (Near CR 195) To 3.8 Mi E of FM 1460 (Near CR 110) 512 832 7248 TO 85122187097 P.01/82 We have received your letter dated May 26, 1999 in which you request we issue a Letter of Release for Relocation of Utilities prior to final environmental clearance and a Date of Eligibility for the above - captioned project. Your letter also mentioned recent retooling efforts undertaken by the Department that would allow for these items to be authorized so utility relocations could begin even though we do not have environmental clearance at this time. The Right of Way Division has advised us they are unaware of any retooled procedures that you are referencing. The retooling efforts that have been put in place allow for early release to perform location determination, potential conflict identification and preliminary cost estimate preparation. It does not allow for the actual relocation of the utility in the field. Based on this, we are unable to approve your request to begin utility adjustments prior to environmental clearance and release of this project. If the city desires, we may be able, with approval from the Texas Transportation Commission, to amend the Minute Order to lower the city's construction cost by an amount equal to the amount spent on utility relocations prior to environmental clearance. This would allow the city to remain within their original cost budget and timeframe for the project. If the city wishes to pursue this route, we ask that all utility costs prior to environmental clearance be fully documented and be in a format that would allow these costs to be audited should this become necessary. An Epual OPPorrunity Employer 512 832 7248 97: P.01 JUN 17 1999 14:44 FR TX DOT ROW 512 832 7248 TO 85122197097 P.02/02 Mr. Thomas E. Word, Jr., P.E. Page 2 June 17, 1999 In addition, we will need to receive the utility relocation plans and documentation that establishes a compensable interest or property right for the utility. We plan to have all the utility reimbursement paperwork processed and ready to take effect on the same date that we receive environmental clearance. If you have any questions concerning this, please contact Mike Springfield at 832 -7238 or page him at 613 -1140. cc: Robert Stuard, P.E. cc: Robert Harwood JUN - 17 - 1999 14:46 Sincerely, William C. Garbade, P.E. District Engineer ** TOTAL PAGE.02 ** 512 832 7248 96% P.02 DATE: September 29, 1999 TO: Christine Martinez Assistant City Secretary FROM: Thomas E. Word, Jr., P.E. Traffic Engineer RE: TxDOT Agreement to Contribute Funds US 79: From CR 195 to 1000 feet East of CR 110 Attached is the original executed agreement for the City's files. trft-- / REC EI V E0 SEp 3 Texas Department of Transportation Agreement to Contribute Funds Account No. 8014 -2 -13 CSJ 020401 Williamson County U.S. 79: From WCR 195 To 1,000 feet East of WCR 110 Mr. Tom Word, Jr., P.E. City of Round Rock Traffic Engineer 221 East Main Street Round Rock, Texas 78664 Dear Mr. Word: SE Attachment P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 September 23, 1999 Attached is the executed contractual agreement dated September 20, 1999 between the State and the City of Round Rock for the above referenced project. This agreement obligates the State to adjust all eligible utilities. If additional information is needed concerning this matter, please do not hesitate to contact this office at 832 -7237. An Equal Opportunity Employer ely, elly W. s y Supv. Righ Way Agent Texas Department of Transportation Form D -15 -129 THE STATE OF TEXAS COUNTY OF TRAVIS This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State. and Round Rock, Texas, acting by and throu h its duly authorized official under Ordinance dated the X) day of 4L144.157' 1919, hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has previously requested the City to enter into a contractual agreement for the relocation and/or adjustment of eligible utility facilities for a highway project on Highway No. U.S. 79 with the following project limits: From: WCR 195 To: 1.000 feet East of WCR 110; and WHEREAS, the City now requested that the State assume responsibility for the relocation and/or adjustment of eligible utility facilities for said highway project. and WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) percent of the cost of the relocation and/or adjustment of eligible utility facilities for the proper development and construction of the State Highway System: NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the City shall contribute to the State an amount equal to ten (10) percent of the cost of the relocation and/or adjustment of eligible utility facilities by the State and shall transmit to the State with the return of this agreement, duly executed by the City, a warrant or check payable to the Texas Department of Transportation in the amount of One- hundred -five- thousand and No /100 Dollars ($105,000.00), which represents ten (10) percent of the estimated cost of the relocation and/or adjustment of eligible utility facilities. However, if it is found that this amount is insufficient to pay the City's obligation, then the City, upon request of the State will forthwith supplement this amount in such amount as is requested by the State. Upon completion of the highway project and in the event the total amount as paid by the City is more than ten (10) percent of the actual cost of the relocation and/or adjustment of eligible utility facilities, any excess amount will be returned to the City by the State. Agreement to Contribute Funds (City Form) EXECUTIf3I)1 RECOMMENDED: For District Engineer 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 T ansportation gmmission under thea tho f l u= . .e /O5 d a. — r � - Contract No.: NA County: Williamson Federal Project No.: NA CSJ: 0204-01-0...Q4 ROW Account No 8014 -2 -13 RESOLUTION NO. R- 99- 08- 30 -3A6 WHEREAS, the City of Round Rock ( "City ") and the Texas Department of Transportation ( "TxDOT ") have previously entered into a Funding Agreement for the construction of a four -lane divided highway along US 79 from County Road 195 to County Road 110 ( "Project "), and WHEREAS, TxDOT requires the City to enter into an Agreement to Contribute Funds whereby TxDOT will assume responsibility for the relocation and /or adjustment of eligible utility facilities in connection with the Project, and the City will contribute ten percent of the cost of said relocation and /or adjustment, and WHEREAS, the City wishes to enter into said Agreement to Contribute Funds, 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 Agreement to Contribute Funds with TxDOT for the relocation and /or adjustment of eligible utility facilities in connection with 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 K:\ WPOOCS \RESOLUTI \A900]0A6.WP➢ /scg 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 ATTEST: J ANNE LAND, City Secretary Cµ4Smt1E /f/ r /AJ6z, Assn this 30th day of August, 1999. 2 Texas Department of Transportation Form D -15 -129 THE STATE OF TEXAS COUNTY OF TRAVIS This Agreement by and between the State of Texas. acting by and through the Texas Department of Transportation, hereinafter called the State, and Round Rock. Texas. acting by and through its duly authorized official under Ordinance dated the 3 0 day of {iu&LLS'' 19 9 9. hereinafter called the City. shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has previously requested the City to enter into a contractual agreement for the relocation and/or adjustment of eligible utility facilities for a highway project on Highway No. U.S. 79 with the followifg project limits: From: WCR 195 To: 1,000 feet East of WCR 110: and WHEREAS. the City now requested that the State assume responsibility for the relocation and/or adjustment of eligible utility facilities for said highway project: and WHEREAS. the City desires to voluntarily contribute to the State funds equal to ten (10) percent of the cost of the relocation and/or adjustment of eligible utility facilities for the proper development and construction of the State Highway System: NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the City shall contribute to the State an amount equal to ten (10) percent of the cost of the relocation and/or adjustment of eligible utility facilities by the State and shall transmit to the State with the return of this agreement, duly executed by the City, a warrant or check payable to the Texas Department of Transportation in the amount of One - hundred - five - thousand and No /100 Dollars ($105.000.00). which represents ten (10) percent of the estimated cost of the relocation and/or adjustment of eligible utility facilities. However, if it is found that this amount is insufficient to pay the City's obligation, then the City, upon request of the State will forthwith supplement this amount in such amount as is requested by the State. Upon completion of the highway project and in the event the total amount as paid by the City is more than ten (10) percent of the actual cost of the relocation and/or adjustment of eligible utility facilities, any excess amount will be returned to the City by the State. CI O a • 0 9 ' OCK. TEXAS EXECUTION RECOMMENDED: Aii iiv ayo Agreement to Contribute Funds - (City Form) For District Engineer 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 13v: Dale: Contract No.: NA County: Williamson Federal Project No.: NA CSJ: 0204-01 - ROW Account No.: 8014 -2 -13 Director of Right of Way Ar Texas Department of Transportation Agreement to Contribute Funds Account No. 8014 -2 -13 CSJ 020401 Williamson County U.S. 79: From WCR 195 To 1,000 feet East of WCR 110 Mr. Tom Word, Jr., P.E. City of Round Rock Traffic Engineer 221 East Main Street Round Rock, Texas 78664 Dear Mr. Word: P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 August 24, 1999 We would like to address the acquisition procedure for the improvement to U.S. 79 within the above project limits which will begin in the near future. When the City enters into the attached Agreement to Contribute Funds (City Form), the City will be required to contribute 10% of the estimated cost of eligible utility adjustments. The initial contribution is based upon current estimates made by our office. If, as the project progresses, it is found that this amount is insufficient to cover the City's obligation, then upon request, the City will need to supplement this amount as requested by the State. In the event any additional amount is paid, any overage of this amount will be returned at the close of the project. It has been determined that the City's estimated share of the eligible utility adjustments needed for this project totals $105,000.00. Attached are the original and three copies of the Agreement to Contribute Funds (City Form) for your execution at the next City Council Meeting. It will be necessary that a certified copy of the minutes of the meeting accepting the Agreement accompany the executed Agreement, along with a check in the above referenced amount to cover the City's estimated 10% share. If additional information is needed concerning this matter, please do not hesitate to contact this office at 832 -7237. SE Attachments An Equal Opportunity Employer Since rely, j Shofiy Supv. Right o W : y Agent DATE: August 30, 1999 SUBJECT: City Council Meeting — August 30, 1999 ITEM: 3.A.6. Consider a resolution authorizing the Mayor to execute an Agreement to Contribute Funds with the Texas Department of Transportation for improvements to US Highway 79. Staff Resource Person: Jim Nuse, Public Works Director.