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4B-R-01-15 - 10/25/2001 i RESOLUTION NO. R-01-15 WHEREAS, Commission Minute Order 108087 authorizes the Texas Department of Transportation ("TxDOT" ) to undertake and complete highway improvements generally described as the upgrade of US 79, from west of FM 1460 to Harrel Parkway, to a four-lane divided roadway, and WHEREAS, TxDOT requires the Round Rock Transportation System Development Corporation ("Corporation") to participate in said improvements by funding a portion of the improvements, and WHEREAS, the Corporation wishes to enter into an Advance Funding Agreement for Standard Highway Improvement Projects (On-System) with TxDOT for the upgrade of US 79, from west of FM 1460 to Harrel Parkway, to a four-lane divided roadway, and BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION, That the President is hereby authorized and directed to execute on behalf of the Corporation an Advance Funding Agreement for Standard Highway Improvement Projects (On-System) with TxDOT for the upgrade of US 79, from west of FM 1460 to Harrel Parkway, to a four-lane divided roadway, a copy of said agreement attached hereto as Exhibit "A" and incorporated herein for all purposes . The Board of Directors hereby finds and declares that written �1 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 O:\wdox\RESOLUTI\rrtsdc\0015.WPD/sc �_J 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 25th day of October, 2001 . ROUND ROCK TRANSPORTATION SYSTEM DEVELOP ► CORPORATION �r By: //���. ,�1 ii ROBE • STLUKA, JR. , President ATTEST: LI Lh-L— LA2/25( 6;41/ Secretary 2 • COUNTY :Williamson CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON-SYSTEM) • • THE STATE OF TEXAS § - ) W 6' THE COUNTY OF-TRA § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the-C- f Round- acting by and through its duly authorized officials,hereinafter called the Outside Entity. WITNESSETH _ / dokfoLece WHEREAS,the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA) codified under title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Transportation Code 201 et. seq. and Transportation Code 221 authorize 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 108087 authorizes the State to undertake and complete various improvements generally described as the widening of a 4-lane undivided roadway to a 4-lane divided roadway on US 79 from FM 1460 to Harrel Phrkway, hdreinafter called the Project; and, WHEREAS, the Outside Entity has requested that the State allow the Outside. Entity to participate in said improvements by providing a portion of the costs required to complete the - Project; and WHEREAS,the State has determined that such participation is in the best interest of the citizens of the State; and, WHEREAS, the Outside Entity has approved entering into this agreement by Resolution or Ordinance dated • EXHIBIT 1 ..A" • • COUNTY :Williamson CSJ :0204-01-049 • HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 • NOW THEREFORE, in consideration of the •premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth,the State and the Outside Entity agree as follows: AGREEMENT ARTICLE 1. TIME PERIOD COVERED This Agreement becomes effective when signed by the last party whose signature makes the agreement fully executed. Said agreement shall be in full force and effect until the Project described herein has been completed and accepted by all parties or until terminated as hereinafter provided. • ARTICLE 2. PROJECT FUNDING • The State will authorize performance of those Project items and participate in funding, as described within Attachment A, Payment Provisions and Work Responsibilities and Exhibit 1 to Attachment A. • ARTICLE 3. TERMINATION Without prejudice to any other legal or equitable right or remedy that either party would otherwise possess hereunder or as a matter of law, each non-defaulting party, upon giving the defaulting party five (5) days prior to written notice, shall be entitled to terminate this Agreement in its entirety at any time for the following: • If a party shall fail to remedy any default within ten (10) days after written notice thereof from the non-defaulting party; or • If either party commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. • Upon mutual written agreement and consent of both parties; • By the State,upon thirty(30) days written notice to the Outside Entity, if the State determines that completion of the Project is not in the best interest of the State; or • By the Outside Entity, upon thirty (30) days written notice to the State, if the Outside Entity determines that completion of the project is not in the best interest of the Outside Entity. If the contract is terminated by the Outside Entity, the Outside Entity will be responsible for all direct and indirect costs incurred by the State. 2 - • COUNTY :Williamson • CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 ARTICLE 4. RIGHT OF ACCESS If the Outside Entity is the owner of any part of the Project site, the Outside.Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work contemplated in the Agreement. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work regardless of ownership of the right-of-way or utility facility. ARTICLE 5. RESPONSIBILITIES OF THE PARTIES The Outside Entity acknowledges that while it is not an agent, servant,nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Additionally, the State acknowledges that while it is not an agent, servant, nor employee of the Outside Entity, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the project. ARTICLE 6. SOLE AGREEMENT • In the event the terms of this Agreement are in conflict with the provisions of any other existing agreements, between the Outside Entity and the State, the provisions of the most recently executed agreement shall take precedence over the conflicting provisions contained in the other agreements. ARTICLE 7. SUCCESSORS AND ASSIGNS This Agreement shallinure to the benefit of and be binding upon the parties and their respective successors,executors, assigns, and administrators. - - ARTICLE 8. AMENDMENTS By mutual written consent of the parties, the scope of work and payment provisions of.this • Agreement may be amended prior to the expiration of this_ contract. No amendment to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties. 3 COUNTY :Williamson CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 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. DEBARMENT CERTIFICATIONS The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State,to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). ARTICLE 11. OMB AUDIT REQUIREMENTS A. The Outside Entity shall comply with the requirements of their Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-133. B. The Outside Entity shall comply with the federal Cost Principles published in Office of Management and Budget (OMB) Circular A-87. All costs that will be reimbursed with federal funds will be allowable,reasonable, and allocable to the project. ARTICLE 12. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS. The Outside Entity shall adhere to the.procurements standards established in Title'49 CFR Part 18.36 and the property management standards established in Title 49 in CFR Part 18.32. ARTICLE 13. CIVIL RIGHTS COMPLIANCE . The Outside Entity shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405(B); also Executive Order 11246 titled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). • 4 COUNTY :Williamson CSJ . :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 ARTICLE 14. MINORITY BUSINESS ENTERPRISE.PROGRAM REQUIREMENTS The Outside Entity shall comply with the "Minority Business Enterprise Program Requirements" established in 49 CFR Part 26. ARTICLE 15. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will. be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A. to this Agreement, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and . incorporated herein by reference, or special specifications approved by the State. ARTICLE 16. APPLICABLE LAWS AND REGULATIONS All applicable State and Federal laws and regulations will be adhered to in the development and construction of the Project. ARTICLE 17. MAINTENANCE Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 5 • COUNTY :Williamson • CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 • ARTICLE 18. SIGNATORY WARRANTY The signatories to this Agreement warrant that each has the authority to enter into this agremenet on behalf of the party they represent. ARTICLE 19. PERFORMANCE Performance and all matters related thereto shall be in Williamson County, Texas, United States of America. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this Agreement, each of which shall be deemed an original for all purposes. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission 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 Jennifer D. Soldano,Director . • Contract Services Office THE OUTSIDE ENTITY The City of Round Rock • By Date Typed or Printed Name and Title Attest: Title: For the purpose of this Agreement, the address of record for each party shall be as shown on the following page. 6 • COUNTY :Williamson CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 For the Outside Entity: • City of Round Rock 2008 Enterprise Drive Round Rock,Texas 78664 For the Texas Department of Transportation: Texas Department of.Transportation Austin District P. O.Drawer 15426 Austin,Texas 78761-5426 • 7 • COUNTY :Williamson _ CSJ :0204-01-049 HIGHWAY :US 79' LIMITS :FM 1460 to CR 195 • ATTACHMENT A Payment Provision and Work Responsibilities 1. Project Description Upgrade US 79 from West of FM 1460 to Harrel Parkway, to a 4-lane divided facility,. including bridges at the proposed location for Arterial A. 2. Right of Way The Outside Entity shall prepare right of way maps, property descriptions and other data needed, utilizing all applicable Federal and State laws governing the acquisition policies for acquiring real property. The right of way maps and property descriptions shall be submitted to the State for approval. Tracings of the maps shall be retained by the State for its permanent records. 3. Utility Adjustments/Relocations . If the proposed construction along US 79 requires the adjustment, removal or relocation of utility facilities, the Outside Entity and/or its consultant will establish the necessary utility work and notify the appropriate utility company to design and schedule their adjustments. The Outside Entity shall be. responsible for ten percent (10%) of all reimbursable utility adjustments. Removal or relocation of such utility facilities shall be . in accordance with applicable State law,regulations,policies and procedures. 4. Environmental Mitigation A. The Outside Entity shall prepare the appropriate environmental documentation and secure environmental clearance for the Project. The Outside Entity shall contact Mike Walker, TxDOT Environmental Coordinator, 512/832-7168, for coordination of the documentation. B. To the extent required to •complete the Project, the Outside Entity will be responsible for the mitigation and remediation of any environmental problems associated with the development of the Project. 8' COUNTY :Williamson CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 • C. All costs associated with the remediation of the environmental problems caused by the negligence or willful conduct of the Outside Entity and/or the property owners shall be the responsibility of the Outside Entity and/or property owners and not the State of Texas. 5. Engineering Services A. The Outside Entity shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S.&E.) necessary for the development of the Project. The P.S.&E. shall be prepared in accordance with all applicable State and Federal guidelines. B. The Engineering plans shall be developed in accordance with the Highway Design Division Operations and Procedures Manual, the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. C. The Outside Entity shall submit the completed P.S.&E. to the State for review and approval, four (4) months prior to the anticipated bid opening date. Should the State determine that revisions are required to the documents, the Outside Entity shall make the necessary revisions, prior to the State's bid opening date. 6. Construction Responsibilities A. After approval of the P.S.&E., the State shall advertise for construction bids, issue bid proposals, receive and tabulate bids and award/reject a contract for construction of the Project . • B. The State shall supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.&E. • 9 COUNTY :Williamson CSJ :0204-01-049 HIGHWAY :US 79 LIMITS :FM 1460 to CR 195 The State shall include the latest version of Form FHWA 1273 in the contract bidding documents, in accordance with the requirements established in 23 CFR Part 633. The required contract provisions contained in Form FHWA 1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work or by subcontract. 7. Payment Provisions The Outside Entity shall provide one hundred percent.(100%) of preliminary engineering, environmental studies, right of way (including any right of way for environmental mitigation) ten percent (10%) of the reimbursable utility adjustments and twenty percent (20%) of the construction costs for the Project, however, the Outside Entity shall provide 100% of the construction costs for the bridges at Arterial A. • The State shall provide ninety percent (90%) of the reimbursable utility adjustments, eighty percent (80%) of the construction costs (excluding cost of the bridges at Arterial A) and one hundred percent (100%) of the construction engineering costs required, to complete the Project. The Project costs are currently estimated at $2,856,000.00 (Roadway Items) $ 800,000.00 (Bridge Items) $3,656,000.00 (Total). The Outside Entity costs are estimated at $1,371,200.00. The Outside Entity shall submit payment to the State sixty(60) days prior to bid opening. - - If the construction contract for the Project should overrun the estimated cost, the Outside Entity will be responsible for twenty percent (20%) of the additional costs, except the Outside Entity shall be responsible for 100% of the construction costs for the bridges at Arterial A. Payment will be due from the Outside Entity when the Project is completed and a State audit has been performed. All costs remaining in the Project and due to the Outside Entity will be promptly returned. 10