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CM-2000-002AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON That the CITY OF ROUND ROCK, TEXAS, a municipal corporation (herein called "City"), the address of which is 221 East Main Street, Round Rock, Texas 78664, in consideration of the agreements made herein by K & N MANAGEMENT, INC. dba RUDY'S COUNTRY STORE AND BAR B Q, a Texas corporation, ("herein called "Rudy's"), the address of which is 11570 Research Boulevard, Austin, Texas 78759, grants the right and obligation to Rudy's to install and maintain, at its expense, the following: One (1) eighteen inch (18") storm sewer line within the right-of-way of IH35 in Round Rock, Williamson County, Texas, said storm sewer line crossing west (southbound) frontage road approximately three hundred thirty feet (330') north of the intersection of I1135 and Old Settlers Boulevard (FM 3406), and the proposed location of said storm sewer line being farther to the north from the existing eighteen inch (18") CMP in order to align with proposed water quality/detention pond, all as more particularly described in Exhibit "A" attached hereto and incorporated herein for all applicable purposes. City further grants the right and obligation to Rudy's to install such storm sewer line for drainage and all appropriate purposes. Section 1. The granting of this right and obligation, and the issuance by City of permits, if any, shall not constitute abandonment by City of any rights of any nature. Section 2. Rudy's shall be solely responsible for installation of the storm sewer line. The location and description of the storm sewer line and appurtenances are more fully shown on drawings on the attached Exhibit "A." It is agreed by and between the parties hereto that Rudy's shall not begin construction of the storm sewer line before the effective date of this Agreement. Section 3. Rudy's shall construct the storm sewer line on the highway right-of-way as shown on drawings on the attached Exhibit "A" and in accordance with the rules, regulations, and policies of the Texas Department of Transportation ("TxDOT") and all governing laws, including but not limited to the "Federal Clean Water Act," the "Federal Endangered Species Act," and the "Federal Historic Preservation Act." Upon request by City or TxDOT, proof of compliance with all governing laws, rules, and regulations will be submitted by Rudy's prior to commencement of construction. C:\TEXT\RUDY'S1.WPD/jkg 1 Section 4. Rudy's shall use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation and, if necessary and/or requested, will revegetate the project area as indicated under TxDOT's "Revegetation Special Provisions." Section 5. Rudy's shall insure that traffic control measures complying with any applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of the installation. Section 6. All construction shall be performed in accordance with applicable directives and requirements of City as contained on the attached "Specifications and Requirements" marked Exhibit "B," and as enumerated elsewhere. The plans and specifications for the storm sewer line may be approved by City, but such approval does not and shall not relieve Rudy's of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. Section 7. Rudy's agrees to hold harmless, defend and indemnify City, its officers, agents, and employees from and against any and all claims, causes of action, liabilities, or damages including claims for contribution or indemnity arising directly or indirectly under or in any way connected to or associated with the storm sewer line, including but not limited to the installation thereof, for which this right and obligation is granted. Rudy's shall indemnify City, and for or on account of City to make defense against all claims for damages to persons or to property alleged to have been caused through the negligent performance of any part of any work, whether that default be asserted to have been in the performance of a duty of employees to the owners of property or to the members of the public. Rudy's shall be responsible to City for the acts and omissions of all persons, firms or corporations directly or indirectly employed by Rudy's in connection with installation of the storm sewer line. Section 8. This Agreement shall be governed by the laws of the State of Texas. If the final judgment of a court of competent jurisdiction invalidates any part of this Agreement, then the remaining parts shall be enforced, to the extent possible, consistent with the intent of the parties as evidenced by this Agreement. Section 9. Venue for all lawsuits concerning this Agreement will be in Williamson County, Texas. Section 10. In any action brought by City for the enforcement of the obligations of Rudy's, then City shall be entitled to recover interest and reasonable attorneys' fees. 2 EXECUTED on this the l y day of the month of April, 2000. CITY OF By: Rob City ana K, TEXAS tt, Jr., AICP K & N MANAGEMENT, INC., dba RUDY'S COUNTRY STORE AND BAR B Q, a Texas corporation By: % K Schiller Corporate Title: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON tX� This instrument was acknowledged before me on the 1 day of the month of 2000, by ROBERT L. BENNETT, JR. of the City of Round Rock, Texas, on behalf of said entity for the purposes and consideration therein expressed. apAIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ) T day of the month of , 2000. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 Notary Public, State of Texas Printed Name: (._ fl. /57-hti6 1e ml4ED /67 Commission Expires: 8'- 5-0 / 3 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TRAVIS This instrument 1Nas acknowledged before me on the 1 3 day of the month of April, 2000, by KEN SCHILLER, as r Q C c of K & N MANAGEMENT, INC. dba RUDY' S COUNTRY STORE AND BAR B Q, a Texas corporation, on behalf of said entity for the purposes and consideration therein expressed. 2000. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of the month of April, SUZANNE WOOD * , Notary Public, State of Texas %'k My Commission Expires fy�t E+� JULY 15, 2001 au, -,,,.-9. Wood Notary Pu s i State of Texas Printed Name: S C Z A) A)E_ (,LJ O a p Commission Expires: '7— IS - 4 S — 4 .•z• �•••.. iv iu a'aua Ni LL1O.7.70O Form 1082 (Rev. 9-93) (Previous versJon(s) are obsolete-) LUKK rU13L1L MACAO Jnbb1 O igj tiu Notice of Proposed Installation Utility Line on Controlled Access Highway To the Texas Transportation Commission c/o District Engineer - Texas Department of Transportation C;PnrgPt-nwn , Texas Date 04/06/00 Formatnotice is hereby given that City of Round Rock Company proposes to place a 1 R" stn, -m car litre within the right-of-way of n1••35 in Texas as follows: (give location, length, general design, etc.) Williamson County, Storm sewer crosses West (Southbound) frontage road approximately 330' North of the Intersection of IH -35 and Old Settlers Blvd. (EM 3406). Location of proposed storm sewer is further to the North from the existing 18" CMP,- in -order to align with proposed waterquality/detention pond. The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas De governing laws, including but not limited to the "Federal Clean Water Department Feder�ndan Endaortation ngered(TxDOT), and andll the "Federal Historic Preservation Act." Upon requestby , " " g Species Act," regulations will be submitted to TxDOT before commenemeent of construcctioapl compliance with all governing laws, rules, and Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions." Our -firm will insure that traffic control measures complying.with applicable portions of the Texas Manual of Uniform Traffic iic Control Devices will be installed and maintained for the -duration of this installation. The location and description of the proposed line and appurtenances is more fully shown by 1(one ) sets of drawings. attached to this notice. complete Construction of this line will begin on or after the 6th f� day of April ,i 2000 By signing below, I certify that I am authorized to represent the Firm listed below, and`that the Firm agrees to the conditions/provisions included in this permit. EXHIBIT IIArr Firm City of Round Rock By (Print) Jim Nuse Signature Title Director of Public Works Address 2008 Enterprise Round Rock, TX 78664 Phone No. ( 512 ) 218-5560 SPECIFICATIONS AND REQUIREMENTS Installation, repair or removal of water, sewer or gas mains or lines, electric utility or telephone lines in existing paved or unpaved streets, alleys or other public places within the corporate limits of the City of Round Rock, Texas shall be done in accordance with the following specifications and requirements: (1) All excavations within a right-of-way and not under surfacing shall be backfilled by tamping in six- inch horizontal layers, ponding or jetting. All surface materials shall be removed form the right-of- way and the excavation finished flush with surrounding natural ground. (2) Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by mulch sodding on all slopes of two percent or less. All slopes over two percent shall be replaced by black sodding. (3) All excavation in gravel streets or streets under construction shall be backfilled with select material by tamping in six-inch horizontal layers to finish grade, then the top six inches of backfill shall be removed and replaced with one -inch road base, tamped, or rolled to ninety-five percent of density. (4) Crossings under surface streets within the right-of-way shall be placed by boring. Boring shall extend from crown line to crown line, or to a point two inches beyond back of curb. All lines under streets carrying pressure shall be enclosed in casing satisfactory to the City. Gravity flow sewer lines placed under existing paved streets by boring shall be cast iron pipe. Where evidence is presented indicating the impracticability of boring or tunneling, the Public Works Director of the City of Round Rock may grant permission to cut the surfacing. In the event a cut is permitted, the following conditions shall govern said operation: A. If the surface to be cut is an asphalt surface, it shall be cut or scored in a straight line before any digging has begun to prevent breaking the seal of the paved area not to be disturbed. (5) B. Backfill material: All backfill material shall be stabilized with Portland Cement and mixed in a concrete mixer or transit mix equipment. If soil is used, it shall be sandy material free from lumps or clods, and shall be stabilized with two sacks of cement per cubic yard of soil. If sand and gravel are used, pit run material will be allowed, and it shall be stabilized with one sack of cement per cubic yard. Backfill may be mechanically tamped in a moist condition or water added to provide a free flowing mixture. Stabilized backfill shall be completed to a point 1 'h inches below existing finished grade and the remaining 1 %2 inches shall be replaced with hot mix asphaltic concrete, hot or cold lay. (6) Operations along highways shall be performed in compliance with Texas Highway Department specifications and in such manner that all excavated material be kept off the pavement at all times, as well as all operating equipment. It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground, and in excavations the excavations shall not have anywhere below the surface any portion which extends beyond the opening at the surface. (7) Ce\TEXT\RUDY'S2.WPD/jkg EXHIBIT No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the City department or officer charged with the care thereof which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage or injury shall be done to any tree, shrub or the roots thereof. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. The director of all installation, repair or removal as herein described is to see to the enforcement of the provisions stated herein. Notice shall be given to him or her at least ten hours before the work of refilling any tunnel or excavation commences. (10) It shall be the duty of every person cutting or making an excavation in or upon public places, to place and maintain barriers and warning devices necessary for the safety of the general public. Barriers, warning signs, lights, etc. shall conform to the requirements of the City Council. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. The permittee shall take appropriate measures to assure that, during the performance of the excavation or other work, traffic conditions shall be maintained as near normal as possible at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. When traffic conditions permit, the Director of Public Works may by written approval permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her, if in his or her opinion it is necessary. Such written approval may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, all in accordance with the instructions of the Director of Public Works. (11) All works so performed shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, watergates, underground vaults, valve housing structures and all other vital equipment as designated by the Director of Public Works. (12) The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation or work is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least %2 of the sidewalk width shall be maintained along such sidewalk line. (13) The permittee shall at all times and at its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall first obtain consent from the owner of such private property for such purpose; however, if he or she cannot obtain such consent, the Director of Public Works may authorize him or her to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work, and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, said area shall be re -seeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate City department of City official having supervision of such property. (14) As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess rock, earth or other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director of Public Works. From time to time as may be ordered by the Director of Public Works, and in any event immediately after completion of said work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within 24 hours after having been notified to do so by the Director of Public Works, said work may be done by the Director of Public Works and the cost thereof charged to the permittee, and the permittee shall also be liable for the costs thereof under the surety bond provided hereunder. (15) After an excavation or other work is commenced, the permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. (16) Each permittee shall conduct and carry out the work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring th performance of the excavation work,the rducy. In the permittee shall make appropriate measures to reduce to the fullest extent practicable noise, dust and unsightly debris; and between the hours of 9:00 p.m. and 8:00 a.m. shall not use, except in case of emergency, any tool, appliance or equipment which produces noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.