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RESO 1999-18 - TxDOT Advance FundingRESOLUTION NO. 99-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PROPOSED AVENUE S EXTENSION TO THE EXISTING OVERPASS OVER IH 45 (SMITHER OVERPASS); AND DECLARING AN EFFECTIVE DATE. WHEREAS, the State of Texas, acting through the Texas Department of Transportation, has approved an Advance Funding Agreement with the City of Huntsville, Texas, that allows the City to be responsible for the performance of certain Project items within the State's right -of -way for the proposed Avenue S extension to the existing overpass on IH 45 (Smither Overpass); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The Advance Funding Agreement for Standard Highway Improvement Projects (On- System) at Avenue S and the overpass of IH 45 (Smither Overpass) attached hereto as Exhibit "A" and incorporated herein for all purposes is hereby approved and the Mayor of the City of Huntsville, Texas, is authorized to execute the same on behalf of the City of Huntsville. SECTION 2: This Resolution shall be effective from and after the date of its passage. PASSED AND APPROVED ON THIS 31ST DAY OF AUGUST, 1999. ATT •. T: anna Welter, City Secretary APPROVED AS TO FORM: Paul C. Isham, City Attorney WILLIAM B. GREEN, MAYOR County: Walker CSJ: 0675-07 - Project Number: CC 675-7 - Location: At Ave. S Overpass of IH 45 ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY 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 Department of Transportation, hereinafter called the State, and the City of Huntsville, a Municipal Corporation, acting by and through its City Council, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code Chapter 201 and Transportation Code Chapter 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 85094 authorizes the State to undertake and complete a highway improvement generally described as miscellaneous construction cw the State's right of way to connect the proposed Avenue S extension to the existing overpass over IH 45 (Smither Overpass) in the City of Huntsville; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as miscellaneous construction on the State's right of way to connect the proposed Avenue S extension to the existing overpass over IH 45 (Smither Overpass) in the City of Huntsville, hereinafter called the "Project "; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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 do agree as follows: Page 1 of 5 afaproforma 1.12/9/97 County: Walker CSJ: 0675-07 - Project Number: CC 675-7 - Location: At Ave. S Overpass of 11-1 45 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 Project described herein has been completed and accepted by all parties or unless 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 the Outside Entity, at no cost to the State. Administrative indirect costs will be collected as required by Sections 15.52 - 15.56 of the Texas Administrative Code as they may be amended. Article 3. Termination This agreement may be terminated in 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. Page 2 of 5 afaproforma 1 . 1 2/9/97 County: Walker CSJ: 0675-07 - Project Number: CC 675-7 - Location: At Ave. S Overpass of IH 45 Article 5. Responsibilities of the Parties The Outside Entity agrees to comply with all federal, state and department requirements and agrees to forfeit any claim to federal and/or state reimbursement if they fail to comply. In addition, 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. 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. Page 3 of 5 afaproforma 1.1 2/9/97 County: Walker CSJ: 0675-07 - Project Number: CC 675-7 - Location: At Ave. S Overpass of IH 45 Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State'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 State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 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 4of5 afaproforma 1 .1 2/9/97 County: CSJ: Project Number: Location: Walker 0675-07 - CC 675-7 - At Ave. S Overpass of IH 45 IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. 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 Lawrence Zatopek Director, General Services Division THE OUTSIDE ENTITY Name of the Outside Entity City of Huntsville By " l/ eg ALQL Typed or Printed Name and Title Date 170 1 Bill Green Mayor, City of Huntsville For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: Honorable Bill Green Mayor, City of Huntsville 1212 Avenue M Huntsville, Texas 77340 afaproforma 1.12/9/97 For the Texas Department of Transportation: Lonny G. Traweek, PE Bryan District Engineer Texas Department of Transportation 1300 N. Texas Avenue Bryan, TX 77803 -2760 Page 5 of 5 County: Walker CSJ: 0675-07 - Project Number: CC 675-7 - Location: At Ave. S Overpass of IH 45 Attachment A Payment Provision and Work Responsibilities Description of the Cost and the Items of Work: 1. The Outside Entity has requested the State allow the Outside Entity to perform miscellaneous construction on the State's right of way to connect the proposed Avenue S extension to the existing overpass over 11-1 45 (Smither Overpass) in the City of Huntsville. The Outside Entity will be responsible for 100% of the cost of this project including, but not limited to, the cost of preliminary engineering, including the State's review of the preliminary engineering and design, contract award and administration, construction costs, construction engineering by State personnel and all construction contingencies. 2. Outside Entity will provide to the State the proposed construction drawings for the State's review and approval. The State's review may include, but is not limited to, a review of the proposed geometric design, the proposed pavement design, the proposed traffic control plan and construction sequencing and the proposed signing and pavement marking details. The State shall ensure that all department design procedures and practices are followed and that the finished project provides a safe facility for the traveling public. 3. The Outside Entity will let this project using their approved procedures for contracting work. 4. As stated in Article 10. Inspection and Conduct of Work, The State will inspect, as needed, all work performed within the State's right of way. All work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and special specifications approved by the State. 5. A breakdown of the estimated cost to be incurred by the Outside Entity is shown below: State's Review of Preliminary Engineering $200.00 State's Construction Engineering $300.00 Total Estimated Cost to Outside Entity $500.00 Page 1 of 2 afaproforma t . 1 2/9/97 County: Walker CSJ: 0675-07- Project Number: CC 675-7- Location: At Ave. S Overpass of 45 Schedule of Payments 1. Within thirty (30) days from the final execution date of this agreement, the Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount of $500.00. This amount will be used to offset the estimated costs to be incurred by the State for Review of Preliminary Engineering and for Construction Engineering as described in Description of the Cost of the Items of Work, Attachment A. This amount an estimate and may increase or decrease depending upon the final design and estimated construction cost of the Project. 2. If at any time during the time period covered by the Project it is determined the funding provided by the Outside Entity for the items listed above is insufficient to cover the State's costs for the performance of the proposed work, the Outside Entity will pay to the State the additional funding 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 additional funds. The Outside Entity shall pay the funds to the State within thirty (30) days of the written notification. If the Outside Entity does not pay the additional funds, this agreement shall be mutually terminated in accordance with Article 3. Termination. If it is determined the Outside Entity has overpaid the funding necessary for the Project, the State shall refund the excess amount to the Outside Entity upon the completion of the Project. Page 2 of 2 afaproforma 1 . 2/9/97