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4B-R-01-11 - 3/22/2001 RESOLUTION NO. 01-11 WHEREAS, on August 10, 2000, the Round Rock Transportation System Development Corporation ("Corporation" ) entered into a Funding Agreement with the Texas Department of Transportation ("TxDOT") in which the Corporation agreed to pay for the cost associated with the acquisition of right-of-way for the SH 45 Frontage Road Project ("Project") , and WHEREAS, there is a large metal building located on one of the tracts to be acquired which must be removed, and WHEREAS, TxDOT has agree to enter into a Change Order with the Project construction contractor, subject to the approval of the Corporation of a Third Party Funding Agreement, whereby the Corporation bears the cost of the removal of the building, and WHEREAS, the Corporation wishes to enter into said Third Party Funding Agreement, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND-ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION, That the President of the Corporation is hereby authorized and directed to execute on behalf of the Corporation a Third Party Funding Agreement with TxDOT, a copy of said agreement being attached hereto and incorporated herein for all purposes. The Board of Directors hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which K:\WPDOCS\RESOLUTI\RRTSDC\0011.WPD/sls this Resolution was adopted was posted and that such meeting was open CL) 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 22nd day of March, 2001 . ROUND ROCK TRANSPORTATION SYSTEM DE LOPM IT CO'Pse A TION 4 B • 44 A of R": A. STLUKA, J . , President ATTEST: L4JLLthJLv / ) CN0.5I/IU& mA AIF7, Secre (my R $7 eI1y5EC,f..6T/?f / 0 2 P County: Williamson C CSJ: 0683-06-007 Iy Project Number: NH99 (822) Project: S.H. 45 Limits: CR 170 to CR 172 THIRD PARTY ADVANCE FUNDING AGREEMENT FOR CHANGE ORDER#2 STANDARDTRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Turnpike Authority, a division of the Texas Department of Transportation, hereinafter called the "State", and the Round Rock Transportation System Development Corporation, acting by and through its duly authorized officials, hereinafter called the "Outside Entity". WITNESSETH WHEREAS,the Texas Transportation Code 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 108130 authorizes the State to undertake and complete a highway improvement generally described as the construction of State Highway 45, westbound frontage road from C.R. 172 to C.R. 170, including the transition to the existing roadway east of C.R. 170. WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said highway improvement by funding the removal of certain improvements and appurtenances located at 900 Louis Henna Blvd., all located on land in the Asa Thomas Survey, Abstract No. 609, Williamson County,Texas, being located on a portion of Lots 1-4,Block A in the George Subdivision, Also know as the J17 Fortune, L.P. property. The removal of such improvements and appurtenances is hereinafter called the "Project." WHEREAS,the State has determined that such participation is in the best fill COy NOW,THEREFORE,in consideration of the premises and of the mutual co parties hereto, to be by them respectively kept and performed as hereinafter s( j ) jf' Entity do agree as follows: &urn IA) /1 ajytiot. ._ 0.14) 3-)3-D ) IVVL) 0100A) .1/040 Page 1 of 6 lS. D1 C:\TEMP\AdvFundAgr-Round Rock-Ch Order.doc • County: Williamson CSJ: 0683-06-007 Project Number: NH99 (822) Project: S.H. 45 Limits: CR 170 to CR 172 AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the above described improvements herein have been completely removed or unless this agreement is terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities,Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State,Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by ie Outside Entity, at no cost to the State. The work activities are completely described in the attached change order document and are only generally described below: 1. Take down 84' x 242' x 20' metal building and 30' x 36' x 10' lean-to attachment (front office). 2. Demolish and haul to waste wood mezzanine floor inside building. 3. Load and haul metal building to new location within the City of Round Rock,Texas. 4. Demolish and haul concrete building foundation. 5. Demolish and haul concrete sump in building foundation (wash room). 6. Demolish and haul concrete sump collection system adjacent to building (wash room). 7. Demolish and haul 390 SF concrete foundation from the parking area. 8. Demolish and haul 525 SF concrete foundation from the parking area. 9. Demolish and haul 53,740 SF asphalt surface from parking area. 10. Remove and haul 603 LF chain link fence and 2 gates from the property. 11. Remove and haul 65 LF wood plank fence from the property. 12. Remove and haul 17 EA 8"pipe bollards from the parking area. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. _.A Page 2 of 6 C:\TEMP\AdvFundAgr-Round Rock-Ch Order.doc County: Williamson CSJ: 0683-06-007 Project Number: NH99 (822) Project: S.H. 45 Limits: CR 170 to CR 172 Article 3. Termination This agreement may be terminatedin the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth herein; •. by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. 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. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 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. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties,this contract may be amended prior to its expiration. Page 3 of 6 C:\TEMP\AdvFundAgr-Round Rock-Ch Order.doc County: Williamson CSJ: 0683-06-007 Project Number: NH99 (822) Project: S.H. 45 Limits: CR 170 to CR 172 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, to this contract, 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 Project 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 contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs -1 the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the 2tate's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 -Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Article 12. Maintenance Upon completion of the Project,the Outside Entity will assume responsibility for the maintenance of the improvements removed from the subject property referenced in Article 2. Article 13. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Page 4 of 6 C_\TEMP\AdvFundAgr-Round Rock-Ch Order.doc County: Williamson CSJ: 0683-06-007 Project Number: NH99 (822) Project: S.H. 45 Limits: CR 170 to CR 172 IN WITNESS WHEREOF,THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS 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. By Date Philip E. Russell, P.E. Director: Texas Turnpike Authority Division THE OUTSIDE ENTITY Roun ansportaatt',+n System Development Corporation: �� A/ r� 4 Date 3-6U-01 By 1 d.. ,Tame: Ro,ert A. Stluka, Jr. 'itle: President City ► 'o d Rock,Te as B l /127 ke4411‘ Date ` Name: 'obert A. Stluka, Jr. 3--e) — Title: Mayor For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: For the State: Round Rock Transportation Development Corporation Texas Turnpike Authority Division City of Round Rock 125 East l lth Street 221 East Main Street. Austin, Texas 78701 Round Rock,Texas 78664 Page 5 of 6 C:\TEMP\AdvFundAgr-Round Rock-Ch Order.doc County: Williamson CSJ: 0683-06-007 Project Number: NH99 (822) Project: S.H. 45 �' Limits: CR 170 to CR 172 Attachment A 1. Payment Provision: The Outside Entity shall be responsible for 100 % of the cost of the Project. The estimated cost of the Project is $110,953. Upon execution of this Agreement, the Outside Entity shall deliver to the State a warrant or check in the amount of$110,953,payable to the Texas Turnpike Authority Division of the Texas Department of Transportation. If it is found that said amount is insufficient to pay for the cost of the Project, then the Outside Entity, upon request by the State, shall forthwith supplement this amount with funds as requested by the State. Upon completion of the Project, if the total amount paid by Outside Entity exceeds the actual cost of the Project, any excess amount shall be returned to the Outside Entity by the State. 2. Work Responsibilities A. State Responsibilities: The state shall be responsible for the performance of all the work specified in Article 2 of the agreement and as more particularly described in the attached change order document. The State shall also be responsible for the administration of any contract for work performed to complete the Project, including any and all supplemental hange orders or additional work orders necessary to complete the Project. Upon completion of the Project, the Atate will perform an audit of the Project cost. Any funds due to the Outside Entity will be promptly paid by the State. B. Outside Entity Responsibilities: Upon completion of the Project and delivery of the disassembled metal building to a site specified by the Outside Entity, the Outside Entity shall be responsible for storage and any and all reconstruction activities. It is understood and agreed that any activities associated with the disassembled metal building occurring after delivery shall be the sole responsibility of the Outside Entity. Page 6 of 6 C:\TEMP\AdvFundAgr-Round Rock-Ch Order.doc