R-13-02-14-F7 - 2/14/2013RESOLUTION NO. R -13-02-14-F7
WHEREAS, the City of Round Rock ("City") desires to construct a public sidewalk partially
within the US 79 right-of-way, on the north side of US 79 from approximately 1,775 feet west of FM
1460 to approximately 300 feet west of FM 1460; and
WHEREAS, a Multiple Use Agreement with the Texas Department of Transportation will
permit the City to construct, maintain and operate the sidewalk; and
WHEREAS, the City Council wishes to approve said 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 Multiple
Use Agreement with the Texas Department of Transportation, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of February, 2013.
/ ,�, A----
ALA MCGRAW, Mayor
City of Round Rock, Texas
ATTEST::�
ST
w,-
SARA L. WHITE, City Clerk
O:\wdox\SCC Ints\0112\ 1304\MLlNICIPAL\00267652. DOC
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Form 2044 (Rev 07/2012)
(GSD -EPC)
Page 1 of 8
STATE OF TEXAS §
COUNTY OF TRAVIS §
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EXHIBIT "A"
MULTIPLE USE AGREEMENT
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and the City of Round Rock,
hereinafter called the "City", party of the second part, is to become effective when fully executed by
both parties.
WITNESSETH
WHEREAS, on the day of 2013, the governing body for the City,
entered into Resolution/Ordinance No. , hereinafter identified by reference,
authorizing the City's participation in this agreement with the State; and
WHEREAS, the City has requested the State to permit the construction, maintenance and
operation of a public sidewalk on the north side of highway right of way (ROADWAY US 79
CONTROL SECTION NO. 204-1), of US 79 just west of the intersection of FM 1460. The sidewalk
will run from a distance of approximately 1,750 feet west of the FM 1460 intersection to a distance of
approximately 300 feet west of the intersection. This is shown graphically by the preliminary
conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of
Exhibit "B", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that the City will enter into agreements with the state for the
purpose of determining the respective responsibilities of the City and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.
Form 2044 (Rev. 07/2012)
Page 2 of 8
AGREEMENT
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, it is agreed as follows:
1. DESIGN AND CONSTRUCTION
The City will prepare or provide for the construction plans for the facility, and will provide for the
construction work as required by said plans at no cost to the State. Said plans shall include the
design of the access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compliance with applicable structural
design standards, sufficient traffic control provisions, and general layout. They shall also delineate
and define the construction responsibilities of both parties hereto. Completed plans will be submitted
to State for review and approval and when approved shall be attached to the agreement and made a
part thereof in all respects. Construction shall not commence until plans have been approved by the
State. Any future revisions or additions shall be made after prior written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.
5. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of the City. Such
responsibility shall not be transferred, assigned or conveyed to a third party without the advanced
written approval of the State. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable
dripping, droppings or discharge of any kind, including rain or snow.
Form 2044 (Rev. 0712012)
Page 3 of 8
6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period. The City shall maintain all books, documents, papers, accounting
records and other evidence pertaining to fees collected and costs (hereinafter called the
Records). The City shall make the records available during the term of the Agreement and for
four years from the date the Agreement is terminated, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
B. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to the City's records that are directly pertinent
to this Agreement for the purpose of making audits and examinations.
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate..
8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be : (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.
10. RESTORATION OF AREA
The City shall provide written notification to the State that such facility will be discontinued for the
purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear
the area of all facilities that were its construction responsibility under this agreement and restore the
area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.
Form 2044 (Rev. 0712012)
Page 4 of 8
12. INDEMNIFICATION
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.
When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the State's written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility, and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.
Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and the City. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State and the City shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused the City to pay or disburse any sum of money hereunder.
13. HOLD HARMLESS
The City shall indemnify and save harmless the State and its officers and employees from all claims
and liability due to its materials or activities of itself, its agents, or employees, performed under this
agreement and that are caused by or result from error, omission, or negligent act of the party or of
any person employed by the party. The City shall also indemnify and save harmless the State from
any and all expense, including but not limited to attorney fees that may be incurred by the State in
litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of
such activities by the City, its agents, or employees authorized under this agreement. The City
further agrees to indemnify and save harmless the State from and against all claims, demands, and
causes of action of every kind and character brought by any employee of the party against the State
due to personal injuries and/or death to such employee resulting from any alleged negligent act by
either commission or omission on the part of the City. The indemnification of the State shall extend for
a period of three (3) years beyond the date of termination of this agreement.
14. INSURANCE
The City shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance and operation of the facility occupying such airspace or thereafter, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so.
Prior to beginning work on the State's right of way, the City's construction contractor shall submit to
the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required
coverage during the construction of the facility.
15. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State's
right to use such land for highway purposes when it is required for the construction or re -construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
Form 2044 (Rev. 0712012)
Page 5 of 8
16. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The City shall be responsible
for obtaining such additional consent, permits or agreement as may be necessary due to this
agreement. This includes, but is not limited to, appropriate permits and clearances for environmental,
ADA and public utilities.
17. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
18. CIVIL RIGHTS ASSURANCES
The City, for itself, its personal representatives, successors and interests and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)
no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facility; (2) that in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally -Assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
19. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
20. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
21. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. The City must
provide the State with access to any information the State considers relevant to the investigation or
audit. The audit can include, but is not limited to, any contract for construction or maintenance of any
facility or structure authorized by this agreement or any contract to provide a service to the City if that
service is authorized by this agreement.
Form 2044 (Rev. 0712012)
Page 6 of 8
22. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
23. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE CITY
(Mailing Address) (Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 11th Street
Austin, Texas 78701-2483
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
Form 2044 (Rev. 07/2012)
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the
day of , 2013, and the State on the day of
City of Round Rock
(Name of other party)
Signature
Printed Name
Title
Contact Office and Telephone No.
STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
the orders, and established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Commission.
By:
Director, Maintenance Division
F. Howard Holland, P.E.
Printed Name
Date
APPROVAL RECOMMENDED:
Austin District Engineer
Gregory A. Malatek, P.E.
Printed Name
Date
2013.
Form 2044 (Rev. 07/2012)
Page 8 of 8
ATTACHMENT A
Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements
as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.
1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.
SUPPORTING
RESOLUTION or ORDINANCE
RESOLUTION NO. R -13-02-14-F7
WHEREAS, the City of Round Rock ("City") desires to construct a public sidewalk partially
within the US 79 right-of-way, on the north side of US 79 from approximately 1,775 feet west of FM
1460 to approximately 300 feet west of FM 1460; and
WHEREAS, a Multiple Use Agreement with the Texas Department of Transportation will
permit the City to construct, maintain and operate the sidewalk; and
WHEREAS, the City Council wishes to approve said 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 Multiple
Use Agreement with the Texas Department of Transportation, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of February, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0A%vdox\SCC1nts\01 12\1304\MUNICIPAL\00267652. DOC
EXHIBIT A
General Layout and Location
iii� ill, 6 V�
EXHIBIT B
Proposed Construction Plans
(Metes and Bounds Description)
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BEYOND INLET
OPENING AROUND
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NOTES:
1. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN
DEPTH REACHES 2".
2. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT AND U
IMMEDIATELY CLEAN THE INLET PROTECTION IF EXCESSIVE PONDING OCCURS. w
3. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED. ~
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EXHIBIT C
Approved Construction Plans
To be made part of document prior to beginning of construction
EXHIBIT D
Certificate of Insurance (TxDOT Form 1560)
To be made part of document prior to beginning of construction
EXHIBIT E
Attachment A (FHWA Additional Requirements)
To be made part of document if applicable
:K, TEXAS
C PROSPERITY.
Agenda Item No. F7.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute a Multiple Use Agreement with
the Texas Department of Transportation regarding the public sidewalk on US 79 in front of
Agenda Caption: the HEB Plus Project.
Meeting Date: February 14. 2013
Department: Transportation
Staff Person making presentation: Gary Hudder
ortation Director
Item Summary:
During the site development process of the HEB Plus Project on US 79, HEB made payment to the City of Round Rock
in lieu of constructing a sidewalk along US 79. The intent was that the City would construct the sidewalk at a later
date with the funds provided by HEB.
The Transportation Department is now preparing to embark on constructing sidewalks at multiple locations around
the City using funds provided during the latest amendment to the Type B Corporation budget. It is the intent to
include the sidewalk in front of HEB with this other sidewalk work so that the City will benefit from the economies of
scale from the larger overall project.
This Multiple Use Agreement with the Texas Department of Transportation will allow the City to construct the
sidewalk in front of the HEB Plus partially within the US 79 right-of-way; the contract to construct the sidewalks will
be presented to the Council for consideration at a later time.
Recommended Action: Approval
EXECUTED
ORIGINAL
DOCUMENT
FO
LLOW
ORIGINAL
Forth 2044 (Rev 07/2012)
(GSD -EPC)
Page 1 of 8
MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and the City of Round Rock,
hereinafter called the "City", party of the second part, is to become effective when fully executed by
both parties.
WITNESSETH
WHEREAS, on the � day of2013, the governing body for the City,
entered into ResolutionL@wdehereinafter identified by reference,
authorizing the City's participation in this agreement with the State; and
WHEREAS, the City has requested the State to permit the construction, maintenance and
operation of a public sidewalk on the north side of highway right of way (ROADWAY US 79
CONTROL SECTION NO. 204-1), of US 79 just west of the intersection of FM 1460. The sidewalk
will run from a distance of approximately 1,750 feet west of the FM 1460 intersection to a distance of
approximately 300 feet west of the intersection. This is shown graphically by the preliminary
conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of
Exhibit "B", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that the City will enter into agreements with the state for the
purpose of determining the respective responsibilities of the City and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.
Form 2044' (Rev. 07/2012)
Page 2 of 8
AGREEMENT
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, it is agreed as follows:
1. DESIGN AND CONSTRUCTION
The City will prepare or provide for the construction plans for the facility, and will provide for the
construction work as required by said plans at no cost to the State. Said plans shall include the
design of the access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compliance with applicable structural
design standards, sufficient traffic control provisions, and general layout. They shall also delineate
and define the construction responsibilities of both parties hereto. Completed plans will be submitted
to State for review and approval and when approved shall be attached to the agreement and made a
part thereof in all respects. Construction shall not commence until plans have been approved by the
State. Any future revisions or additions shall be made after prior written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 1'/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.
5. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of the City. Such
responsibility shall not be transferred, assigned or conveyed to a third party without the advanced
written approval of the State. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable
dripping, droppings or discharge of any kind, including rain or snow.
'Form 2044' (Rev. 07/2012)
Page 3 of 8
6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period. The City shall maintain all books, documents, papers, accounting
records and other evidence pertaining to fees collected and costs (hereinafter called the
Records). The City shall make the records available during the term of the Agreement and for
four years from the date the Agreement is terminated, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
B. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to the City's records that are directly pertinent
to this Agreement for the purpose of making audits and examinations.
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate.
8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be : (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.
10. RESTORATION OF AREA
The City shall provide written notification to the State that such facility will be discontinued for the
purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear
the area of all facilities that were its construction responsibility under this agreement and restore the
area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.
Form 2044' (Rev. 07/2012)
Page 4 of 8
12. INDEMNIFICATION
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.
When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the State's written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility, and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.
Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and the City. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State and the City shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused the City to pay or disburse any sum of money hereunder.
13. HOLD HARMLESS
The City shall indemnify and save harmless the State and its officers and employees from all claims
and liability due to its materials or activities of itself, its agents, or employees, performed under this
agreement and that are caused by or result from error, omission, or negligent act of the party or of
any person employed by the party. The City shall also indemnify and save harmless the State from
any and all expense, including but not limited to attorney fees that may be incurred by the State in
litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of
such activities by the City, its agents, or employees authorized under this agreement. The City
further agrees to indemnify and save harmless the State from and against all claims, demands, and
causes of action of every kind and character brought by any employee of the party against the State
due to personal injuries and/or death to such employee resulting from any alleged negligent act by
either commission or omission on the part of the City. The indemnification of the State shall extend for
a period of three (3) years beyond the date of termination of this agreement.
14. INSURANCE
The City shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance and operation of the facility occupying such airspace or thereafter, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so.
Prior to beginning work on the State's right of way, the City's construction contractor shall submit to
the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required
coverage during the construction of the facility.
15. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State's
right to use such land for highway purposes when it is required for the construction or re -construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
h
'Form 2044' (Rev. 07/2012)
Page 5 of 8
16. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The City shall be responsible
for obtaining such additional consent, permits or agreement as may be necessary due to this
agreement. This includes, but is not limited to, appropriate permits and clearances for environmental,
ADA and public utilities.
17. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
18. CIVIL RIGHTS ASSURANCES
The City, for itself, its personal representatives, successors and interests and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)
no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facility; (2) that in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally -Assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
19. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
20. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
21. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. The City must
provide the State with access to any information the State considers relevant to the investigation or
audit. The audit can include, but is not limited to, any contract for construction or maintenance of any
facility or structure authorized by this agreement or any contract to provide a service to the City if that
service is authorized by this agreement.
h
'Form 2044' (Rev. 0712012)
Page 6 of 8
22. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
23. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE CITY
(Mailing Address) (Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 11 th Street
Austin, Texas 78701-2483
City of Round Rock
221 East Main Street
Round Rock. Texas 78664
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
Form 2044 (Rev. 07/2012)
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the
day of , 2013, and the State on the A day of An , 2013.
City of Round Rock
(Name of other party)
By: aN /U--�
Signature
Printed Name
Title
STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
the orders, and established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Commission.
By:�' -e�r- l�.Al� P. E
Director, MaPqenance Divisio
C=,- F. Howard Holland, P.E.
U Printed Name
CA4 Of- RUkef 2 e—
Agency
y\ [Date
r5t2 .ut- '��o C
Contact Office and Telephone No.
APPROVAL RECOMMENDED:k 4 IV Q
J�.tJVV
ustin District Engineer
Gregory A. Malatek, P.E.
Printed Name
�;1('1t3
Date
Form 2044(Rev. 07/2012)
Page 8 of 8
ATTACHMENT A
Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements
as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.
1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.
EXHIBIT E
SUPPORTING
RESOLUTION or ORDINANCE
RESOLUTION NO. R -13-02-14-F7
WHEREAS, the City of Round Rock ("City') desires to construct a public sidewalk partially
within the US 79 right-of-way, on the north side of US 79 from approximately 1,775 feet west of FM
1460 to approximately 300 feet west of FM 1460; and
WHEREAS, a Multiple Use Agreement with the Texas Department of Transportation will
permit the City to construct, maintain and operate the sidewalk; and
WHEREAS, the City Council wishes to approve said 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 Multiple
Use Agreement with the Texas Department of Transportation, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of February, 2013.
ALAK MCGRAW, Mayor
City of Round Rock, Texas
ATTEST�:�
[
w, - 6 �,
SARA L. WHITE, City Clerk
0\avdos\SCC1nts'.0112\1301WUKICIPAL00267652 DOC
EXHIBIT A
General Layout and Location
EXHIBIT A
LOCATION MAP
EXHIBIT B
Proposed Construction Plans
(Metes and Bounds Description)
2013 Sidewalk Gaps
Section 02000 - Plans, Details and Notes
Index
4. Plans .............. 1
U.S. Highway 79 Overall Map,
The U.S. Highway 79 sidewalk dWeuo
just west of FM 1460 will be , U.S. Highway 79
Plan Sheets, Details for: Sidewalk, Sidewalk Gfadi �- :rype
constructed as part of a larger � ' "�
Sidewalk Drain With Pipes, �•=n Tuun With�2�irrn ati
;sidewalk project planned by the
City of Round Rock (CORR). Only Irrigation Line Adjustment, Concrete Rip Rap, C—ette
those plans and details for the ,
U.S. Highway 79 sidewalk are , Erosion Control Log (City of Round
included herein for the Rock detail EC -17), Area Inlet Protection With Erosion Control Log
TxDot/CORR Multiple Use (City of Round Rock detail EC -16),
eurb inlet Proteetion With
Agreement (MUA).
144t3 TxDot Standard PED -12A sheets 1 thru 4 of 4)) and
...
Issued for construction with the following:
The TCEQ Notes, City of Round Rock and TxDot Details/Standards in the Plans, and TxDot Traffic
Control Standards listed above and included herein have been selected by me and are applicable to this
project. The General Notes, Specific Project Notes and all other items in the Plans have been prepared
by me or under my supervision and are applicable to this project.
OF T�t�1
- 2-
--NA EN
63225�� \��Is
;s rte. o „ Daniel Lynn Ha en, P.E. Date
NAL City Engineer
REVISIONS
No.
Description/Items
Approved
Issue Date
1
Number of sheets in Plans changed; Eliminated TxDot Standard PED -05 sheets 1
and 2 of 4 and replaced with TxDot Standard PED -12A sheets l thru 4 of 4.
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I 'IRRIGATION LINE ADJUSTMENT DETAIL'
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Hill,
-5w CITY OF ROUND ROCK, TX
2013 SIDEWALK GAPS °„1,,,,,, gxcr 2008 Enterprise Drive
U.S. HIGHWAY 79 PLAN SHEET www.roundrocktexca.gov
EXPANSION JOINT. EXPANSION JOINT.
<,
_
LONGITUDINAL SLOPE r
►- L r:
SEE NOTE 1
V)
V)gW
'W
tn
5'-0" CONTROL JOINT.
40'-0"
CURB & GUTTER.
PLAN
NORMAL RESTORATION UNLESS RE -GRADING
NOTED ON PLANS. (SEE NOTE 4)
VARIES I _ 5' (TYP.) _ I
(SEE PLANS)
ENSURE POSITIVE 1
DRAINAGE TO CURB.
EXISTING GROUND.
(VARIES)
6" X 6" X NO. 6 WELDED WIRE FABRIC, MID -DEPTH OR ONE
MAT OF #3 BARS PLACED NO MORE THAN 18" O.C.E.W.
SECTION
NOTES:
SEE NOTE 3
CROSS SLOPE
(SEE NOTE 2)
4" (MINIM
2" SAND CUSHION ON
THOROUGHLY COMPACTED SUBGRADE.
CLASS "A" CONCRETE.
1. THE LONGITUDINAL SLOPE SHALL NOT EXCEED 5%. AT CURB RAMPS, THE LONGITUDINAL SLOPE SHALL NOT
EXCEED 2% FOR FOR A DISTANCE OF AT LEAST 3 FEET FROM THE TOP OF RAMP.
2. THE CROSS SLOPE SHALL TYPICALLY BE 1%, TOWARD THE CURB. IN NO CASE SHALL THE CROSS SLOPE
EXCEED 2%. UNDER RARE CIRCUMSTANCES, THE CROSS SLOPE MAY BE AWAY FROM THE CURB BUT ONLY WHEN
DIRECTED BY THE ENGINEER.
3. FOR NORMAL RESTORATION, THE TOP OF THE SIDEWALK SHALL BE SET AT AN ELEVATION THAT WILL ALLOW WATER
ON THE SIDEWALK TO DRAIN TO THE EXISTING GROUND LEVEL AT THE BACK OF CURB MERELY BY INSTALLING
TOPSOIL UPON COMPLETION OF THE SIDEWALK. WHEN RE -GRADING IS SPECIFIED ON THE PLANS, THE TOP OF
SIDEWALK SHALL BE SET IN ACCORDANCE WITH THE DETAIL FOR "SIDEWALK GRADING TYPES".
4. NORMAL RESTORATION CONSISTS OF PLACING TOPSOIL ADJACENT TO BOTH SIDES OF THE COMPLETED SIDEWALK
FOLLOWED BY HYDRAULIC SEED PLANTING. TOPSOIL PLACED BETWEEN THE SIDEWALK AND CURB SHALL SLOPE
TOWARD THE CURB 1% MINIMUM AND 10% MAXIMUM AND SHALL BE PLACED IN SUCH A MANNER THAT WATER ON
THE SIDEWALK WILL ACTUALLY DRAIN TO THE CURB; ON THE OTHER SIDE OF THE SIDEWALK, TOPSOIL SHALL BE
SLOPED TO EXISTING GROUND PREFERABLY AT 5% MAXIMUM AND IN NO CASE EXCEEDING 5 HORIZONTAL TO
1 VERTICAL.
SIDEWALK DETAIL (N.T.S.)
SEE "CONCRETE RIP RAP" DETAIL.
1 I I I IMAX. 10% SLOPE BETWEEN SIDEWALK
2' MIN. I I I I AND TOP OF RIP -RAP. (TYP.)
I
NEW SIDEWALK. --j I I 6" SCH. 40 PVC PIPES
SEE "CONCRETE RIP RAP" DETAIL.
SIDEWALK DRAIN WITH PIPES (N.T.S.)
s a
3
g 1�
l `n1
1 I I I IMAX. 10% SLOPE BETWEEN SIDEWALK
2' MIN. I I I I AND TOP OF RIP -RAP. (TYP.)
I
NEW SIDEWALK. --j I I 6" SCH. 40 PVC PIPES
SEE "CONCRETE RIP RAP" DETAIL.
SIDEWALK DRAIN WITH PIPES (N.T.S.)
REMOVE EXISTING IRRIGATION LINE
18" MIN. 6" MIN.
(TYP.) (TYP.)
NEW SIDEWALK AND SAND.
NOTES:
6" MIN.
NEW SCEDULE 40 PVC IRRIGATION -y
WITH ELBOWS AS NECESSARY; INSTALL
IN SCHEDULE 40 PVC SLEEVE UNDER
SIDEWALK. SLEEVE I.D. SHALL BE AT
LEAST 1" GREATER THAN THE LARGEST
PIPE OR COUPLER O.D. WITHIN SLEEVE.
CUT EXISTING LINE;
INSTALL ELBOW (TYP.)
EXISTING IRRIGATION
TO REMAIN.
1. THIS ITEM ASSUMES UP TO 15 L.F. OF NEW IRRIGATION LINE, 6 ELBOWS, AND 10 L.F. OF SLEEVE.
IRRIGATION LINE ADJUSTMENT (N.T.S.)
4
2•_0" 1(, SLOPE
APRON
0
I
64
6�
2" SAND CUSHION
CONCRETE: 3000 PSI
STEEL: GRADE 40
#3 018" O.C.E.W.
CUT OFF PIPE FLUSH WITH
RIP RAP AND GROUT EDGES
CONCRETE RIP RAP DETAIL (N.T.S.)
FLOWX 1 18TEMP. EROSION
CONTROL LOG
A � A 18" TEMP EROSION
CONTROL LOG
v(TYP) z
SECURE END
OF LOG TO STAKE LOG ON DOWNHILL
STAKE (TYP) SIDE AT THE CENTER AT AV
EACH END. AND AT ADDITIONAL\
POINTS AS NEEDED TO SECURE > �V�
PLAN LOG, OR AS DIRECTED.
STAKE LOG ON DOWNHILL
SIDE AT THE CENTER, AT
EACH END, AND AT
ADDITIONAL POINTS AS
NEEDED TO SECURE LOG
4' MAX. SPACING, OR AS MULCH CRADLE
DIRECTED. /— UNDER EROSION
/ CONTROL LOG
►i*flllolurl1
EROSION CONTROL LOG CHECK DAM
SECURE END STAKES ON DOWNHILL SIDE
OF LOG TO OF LOG AT 8' OC MAX OR
STAKE (TYP) AS NEEDED TO SECURE LOG,
OR AS DIRECTED.
12' TEMP. EROSION
CONTROL LOG
MID) 1.
SECURE END
OF LOG TO
STAKE (TYP)
fV
N I 1 FLOW
DISTURBED AREA
BACK OF CURB
UP OF GUTTER
PLAN
LOG PLACED AT BA
STAKES ON DOWNHILL SIDE OF
LOG AT 8' OC MAX OR AS
NEEDED TO SECURE LOG, OR 12" TEMP. EROSION
AS DIRECTED. Z— CONTROL LOG
R.O.W.
R.O.W.
tFLOW f I '+ DISTURBED AREA STAKE
BACK OF CURB
UI a i+U I`DAM c
12' TEMP. EROSION
CONTROL LOG
— STAKE
SECTION B—B
12' TEMP. EROSION
_�J
PLAN C UP OF GUTTER SECTION C—C
LOG PLACED AT EDGE OF RIGHT-OF-WAY
NOTES:
1. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT
ACCUMULATION MUST BE REMOVED WHEN
DEPTH REACHES 6".
DIRECTION 1. 2. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF LOGS DURING
OF FLOW I f—� DIRECTION RAINFALL EVENT FOR PROPER PERFORMANCE.
OF FLOW 3. LOGS SHALL CONSIST OF 100% BIODEGRADABLE, PHOTODEGRADABLE
OR RECYCLABLE CONTAINMENT MESH STUFFED WITH FILTER
MATERIAL.
s' 2' 4. STUFF LOGS WITH SUFFICIENT FILTER MATERIAL TO ACHIEVE DENSITY
SECURE ENDS THAT WILL HOLD SHAPE WITHOUT EXCESSIVE DEFORMATION. FILTER
OF LOGS TO MATERIAL SHALL CONSIST OF MULCH, ASPEN EXCELSIOR WOOD
STAKES (TYP) FIBERS. CHIPPED SITE VEGETATION. COCONUT FlBERS.1007:
LAP DETAIL RECYCLABLE FIBERS. OR ANY OTHER ACCEPTABLE MATERIAL,
EXCLUDING STRAW AND HAY.
5. STAKES SHALL BE 2" X 2" WOOD, 4' LONG, EMBEDDED SUCH THAT
2" PROTRUDES ABOVE LOG, OR AS DIRECTED.
II RECORD SIGNED COPY CITY OF ROUND ROCK DRECIN 7 N0:
ON FILE AT PUBLIC WORKS
APPROVED
03-25-11
DATE EROSION CONTROL LOG DETAIL
aounroaoacnous
THE ARCHITECT/ENGINEER ASSUMES rounmoKrnanR
RESPONSIBILITY FOR THE APPROPRIATE
USE OF THIS DETAIL. (NOT TO SCALE)
24"
,P
IN)
FLOW
ASSURE DIRECT CONTACT
WITH SOIL
18" / -
DIAMETER _l! �
EROSION t
CONTROL
LOG _
EXTEND 12" MINIMUM
BEYOND INLET
OPENING AROUND
PERIMITER
CROSS SECTION
NOTES:
1. EROSION CONTROL LOG CONTAINMENT MESH SHALL BE 100% BIODEGRADABLE, PHOTODEGRADABLE OR
RECYCLABLE; AND FILL MATERIAL SHALL CONSIST OF MULCH, ASPEN EXCELSIOR FIBERS, CHIPPED SITE
VEGETATION, COCONUT FIBERS, 100% RECYCLABLE FIBERS, OR ANY OTHER ACCEPTABLE MATERIAL EXCLUDING
STRAW AND HAY.
2. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN
DEPTH REACHES 6".
3. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT AND
IMMEDIATELY CLEAN THE INLET PROTECTION IF EXCESSIVE PONDING OCCURS.
4. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED.
FLOW
RECORD SIGNED COPY CITY OF ROUND ROCK DRAWING NO:
ON FILE AT PUBLIC WORKSEC-16
APPROVED
03-25-11
DATE AREA INLET PROTECTION WITH
THE ARCHITECT/ENGINEER ASSUMES EROSION CONTROL LOG DETAIL
nsrmcnuaoKnoeaert
RESPONSIBILITY FOR THE APPROPRIATE
USE OF THIS DETAIL. (NOT TO SCALE)
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EXHIBIT C
Approved Construction Plans
To be made part of document prior to beginning of construction
EXHIBIT D
Certificate of Insurance (TxDOT Form 1560)
To be made part of document prior to beginning of construction
EXHIBIT E
Attachment A (FHWA Additional Requirements)
To be made part of document if applicable
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