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HomeMy WebLinkAboutAgenda CC 10.14.2003Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, October 14, 2003 The Georgetown City Council will meet on Tuesday, October 14, 2003 at 06:00:00 PM at the City Council Chambers, 101 E. 7th Street, the northeast comer of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Please Note: This City Council Meeting will be video taped live and made available for broadcast by the local cable company. Regular Session to convene and continue Executive Session, if necessary Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows A Sec.551.071 consultation with attorney - Pending Litigation - Thomas L. Suarez, Jr. vs. city of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt. Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-0368 in the 368th Judicial District Court of Williamson County, Texas - Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Oficial Capacity as Chief of Police of the Georgetown Police Department Robert Hernandez, Individually and in his Official Capacity as Captain of the Georgetown Police Department; Gary Todd Terbush, Individually and in his Oficial Capacity as Lieutenant of the Georgetown Police Department Georgetown Police Department; and the City of Georgetown, Defendants, Cause No. A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division - Advice on legal matters on which the City Attorney has a duty to advise B Sec. 551.071 consultation with attorney and Sec. 551.074 personnel matters - Discussion and possible action related to prehearing and hearing procedures for employee disciplinary appeal hearing of Fawn Duncan C Sec. 551.072 deliberation on real property - Discussion and possible action regarding acquisition of property for downtown parking Regular Session - To begin no earlier than 6:00 P.M. (The City Council for the City of Georgetown reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.086 (Economic Development). Call to Order Pledge of Allegiance Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments — Mayor Gary Nelon - Board/Commission Vacancies: - One position on the Georgetown Housing Authority - One alternate position on the Planning and Zoning Commission City Council Agenda/October 14, 2003 Page 1 of 4 Pages - Proclamation for Red Ribbon Week, October 25, 2003 G Announcements and Comments from City Manager H Citizens Wishing to Address Council - Keith Peshak regarding taxation of airport hangars I Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, September 22, and the Regular Council Meeting on Tuesday, September 23, 2003 — Sandra Lee, City Secretary K Consideration of the appointment of Laura Wilkins as a City of Georgetown Deputy City Secretary— Sandra Lee, City Secretary L Consideration and possible action to award the bid for the purchase of police motorcycles in the amount of $31,958.36 — Kevin Stofle, Assistant Chief of Police and David Morgan, Chief of Police M Consideration and possible action to authorize the assignment of Trinity Aviation's Land Lease Agreement to Larry Wood - Travis McLain, Airport Manager, and Tom Yantis, Assistant City Manager for Operations N Consideration and possible action to authorize the Information Technology Department to pay $25,675.37 to Dynix, Inc. for software, server, and peripheral maintenance on the Georgetown Public Library's automation system for FY 2003-04 — Eric Lashley, Library Services Director O Consideration and possible action to authorize First Southwest Company to proceed with the preparation of the required bond offering documents for the upcoming 2003 bond issues — Micki Rundell, Director of Finance and Administration P Consideration and possible action to approve a resolution supporting the submission of a loan application to the State Infrastructure Bank (SIB) for the SH 29 improvements, related to the Wolf Ranch development, on behalf of the Georgetown Transportation Enhancement Corporation (GTEC) — Micki Rundell, Director of Finance and Administration Consideration for approval to purchase prefabricated metal canopies from Mueller Metal Building Systems in the amount of $24,722.00 — Mark Miller, Street Supervisor and Jim Briggs, Assistant City Manager for Utility Operations R Consideration and possible action on an award of Phase II of the contract for consultant services related to the Georgetown Overall Transportation Plan to Wilbur Smith Associates in the amount of $23,009.00 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth. Director of Planning and Development Services Consideration of a resolution placing a name in nomination for the election of Directors for the Williamson County Appraisal District (WCAD) — Paul Brandenburg, City Manager Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: T Consideration and possible action to extend the contract between the City and Texas Disposal Systems, Inc. (TDS) for solid waste collection and disposal for an additional year, to September 30, 2005 — Micki Rundell, Director Finance and Administration City Council Agenda/October 14, 2003 Page 2 of 4 Pages Consideration and possible action to use a portion of the Council Contingency Fund to pay the City fees for the Texas Mission of Mercy being hosted by the Georgetown Community Clinic and sponsored by the Texas Dental Association Foundation on November 7, 6, and 9 in San Gabriel Park — Doug Smith, Councilmember V Consideration and possible action to authorize the Library staff to purchase books from Ingram, Inc. in an amount not to exceed $90,000 for fiscal year 2003-04 — Eric Lashley, Library Services Director W Consideration and possible action to approve a resolution declaring public necessity to acquire 0.0411 acres of land owned by Joe J. Higginbotham and wife, Vicci L. Higginbotham, by negotiation and/or tt S condemnation for the construction of the Georgetown Innerloop NE from CR 151 to Austin Avenue at the Lakeway Drive overpass — Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations X Item forwarded from Georgetown Utility System (GUS) Board Review and possible action to award the bid for Sequoia Trail West Wastewater Service Installation C�l contract to Lewis Contractors of Georgetown, Texas — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Operations Y Second Reading Second Reading of an Ordinance Rezoning .2634 acres out of Block 69 of the Lost Addition from RS, Residential Single-family District to OF, Office District, located at 216 West University Avenue — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Zoning Z First Readings 1. First Reading of an ordinance amending Chapter 12.24 of the Code of Ordinances, relating to parades and processions, to be titled "Events and Celebrations" — Tom Leggift, Fire Marshal and Anthony Lincoln, Fire Chief 2. First Reading of an ordinance for a Century Plan Amendmentfor 307.848 acres out of the Isaac Donegan Survey and the Joseph Thompson Survey, from the existing Intensity Level 1 to Intensity Level 3, located at 2951 SH 29 West, 2.5 miles West of IH35 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 3. First Reading of an ordinance providing for the annexation into the of City 9.88 acres, more or less, in the Joseph Thompson Survey, located 100 feet north of and parallel to the approximate center line of the South Fork of the San Gabriel River— Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 4. First Reading of an ordinance providing for the annexation into the of City 308.06 acres, more or less, in the Joseph Thompson Survey, Abstract 608, located at 2951 SH 29 West, 2.5 miles West of IH35 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 5. First Reading of an ordinance providing for the annexation into the City of 90.141 acres, more or less, in the Burrell Eaves Survey, located .40 miles north of the intersection of Texas Avenue and Sun City Boulevard, for Sun City Neighborhood 25 and 26— Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 6. First Reading of an ordinance providing for the annexation into the City of 0.484 acres, more or less, in the Clement Stubblefield Survey, located .49 miles southwest corner of the intersection of IH 35 and State Highway 29 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 7. First Reading of an ordinance providing for the for the annexation into the City of 50.381 acres, more or less, in the Joseph Fish Survey, Abstract 232, located 0.6 miles east of the intersection of Shell Road and Williams Drive — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services City Council Agenda/October 14, 2003 Page 3 of 4 Pages AA Consideration and possible action to award the bid for all lines of property, liability and workers' compensation insurance for FY 03/04 for the City of Georgetown through its participation in the Texas Municipal League Intergovernmental Risk Pool (TML -IRP), pursuant to the terms of the Interfocal Agreement between the City and TML -IRP — Tom Yantis, Assistant City Manager for Operations BB Appointments to City Boards and Commissions 1. Consideration and possible action to appoint Joshua McClure to the Economic Development Commission to fill the vacancy created due to the resignation of Davidica Blum -- Mayor Gary Nelon 2. Consideration and possible action to re -appoint Amanda Patterson to the Georgetown Youth Advisory Board — Mayor Gary Nelon CC Consideration and possible action to approve an Advance Funding Commitment Agreement between SPG Wolf Ranch, L.P. and the City of Georgetown — Tom Yantis, Assistant City Manager DD Consideration and possible action to approve an Advance Funding Agreement for Voluntary Transportation Improvement Projects On -System with the Texas Department of Transportation for State V r Highway 29 improvements — Jim Briggs, Assistant City Manager for Utility Operations and Patricia Cads, City Attorney EE Consideration and possible action to approve an Advance Funding Agreement for Voluntary Transportation Improvement Projects On -System with the Texas Department of Transportation for Interstate Highway 35 improvements — Jim Briggs, Assistant City Manager for Utility Operations and Patricia Carts, City Attorney Certificate of I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2003, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Sandra Lee, City Secretary City Council Agenda/October 14, 2003 Page 4 of 4 Pages Council Meeting Date: October 14, 2003 AGENDA ITEM COVER SHEET Item No. SUBJECT: Review and possible action to award the bid for Sequoia Trail West Wastewater Service Installation contract to Lewis Contractors of Georgetown, Texas and establish a project budget of $110,000.00. ITEM SUMMARY: The Sequoia Trail West Wastewater Installation Project provides for the installation of wastewater service stubs for interested property owners on a portion of Sequoia Trail West. The service stubs are to be installed on the existing wastewater line that was recently constructed as a part of the Georgetown Village Interceptor project. Lewis Contractors submitted the lowest bid ($83,700.00) out of four bids received for the installation of 27 service stubs. 30 residents in the area have signed contracts to reimburse the City for the installation of 29 service stubs totaling $99,000.00. Staff recommends a project budget of $110,000.00 to account for additional stubs, compaction testing, and other contingency items. GUS BOARD RECOMMENDATION: The GUS Board recommended Council approval of this item during their September 16, 2003 meeting (Item D). Approved 6-0 (Brown absent) STAFF RECOMMENDATION: Staff recommends approval of a project budget of $110,000.00 to provide the additional wastewater stubs, compaction testing, and other contingency items. FINANCIAL IMPACT: Funding for this will be out of the Wastewater Capital Fund to be reimbursed by individual reimbursement contracts of participating residents. COMMENTS: None. ATTACHMENTS: Bid tabulation. Example Contract. tted by: Jim i Glenn Dishong, siat ity Manager Water Services Manager For Ut it es STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN § AGREEMENT BETWEEN THE § CITY OF GEORGETOWN, TEXAS § AND § FOR CONSTRUCTION OF § WASTEWATER SERVICE STUB WILLIAMSON COUNTY, TEXAS THIS IS AN AGREEMENT by and between THE CITY OF GEORGETOWN, a Texas Home Rule Municipal Corporation ("City") and (collectively referred to herein as "Owner"), owner(s) of Lot _, Block _, of a subdivision of Williamson County, Texas, as recorded as Slide _, Cabinet _, of the Plat Records of Williamson County, Texas (the "Property"), regarding the construction of wastewater service stub and the provision of City wastewater services for the benefit of the Property. WHEREAS, the subject Property is located in the City's extraterritorial jurisdiction and is utilizing an on-site sewerage system (septic tank) for wastewater treatment services; and WHEREAS, Owner desires to obtain wastewater services from the City via a recently constructed wastewater line; and WHEREAS, the City desires to facilitate the removal from service of the Owner's septic tank for water quality purposes, and to maximize the use of the new wastewater line; and WHEREAS, the City is authorized by Section 402.001(c) of the Texas Local Government Code to contract with persons outside its boundaries to permit them to connect with its wastewater service system on terms the City considers to be in its best interest; and WHEREAS, in order to obtain City wastewater services, a service stub will have to be constructed from the main wastewater line to the Property boundary; and WHEREAS, the City Council has authorized the City staff to assist the Owner (and others similarly situated) in securing a contract for constructing a wastewater service stub, on the condition that the Owner pay the full cost of the construction of the service stub and pay the applicable monthly service rate for wastewater services if and when wastewater service is established; and Wastewater Improvements Construction Agreement Page 1 of 5 WHEREAS, Owner, by this Agreement, agrees to pay Owner's full portion of the construction costs and to pay the applicable monthly service rate when wastewater service is established in return for the City's agreement to construct the wastewater service stubs; NOW, THEREFORE, for and in consideration of the promises and them utual agreements set forth herein, the City and the Owner hereby agree as follows: Century Plan Compliance. The facts and recitations contained in the preamble of this Agreement are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City hereby finds that this Agreement implements the following policies of the Century Plan - Policy Plan Element, which states: Facilities and Services, Policy 1: The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the Community. The City further finds that the execution of this Agreement is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. 2. Construction of Wastewater Service Stub and Closure of Septic Tank. The City shall construct, or cause to be constructed, wastewater service stub consisting of [check on _ one single, or _one dual service stub to serve the Property. Owner has reviewed the project construction plans and agrees to the location of the service stub. When the Owner desires to establish wastewater service, Owner shall obtain the necessary permit to establish service and properly close or remove the septic tank located on the Property in accordance with all applicable laws, rules, and regulations and provide documentation of proper closure or removal to the City. 3. Wastewater Service. The City agrees to provide domestic wastewater service to the Property after the final completion of construction of the service stub. 4. Payment of Construction Costs. Wastewater Improvements Construction Agreement Page 2 of 5 Owner agrees to pay the City for the full cost of the construction of the service stub, in a total amount of $ 3,300.00 (the "Construction Costs'). Owner agrees to pay the Construction Costs in one of two ways [check onel: (a) payable in total within 30 days after notification is sent by the City to the Owner that the service stub has been installed; or (b) payable in monthly installments of 63.00 over a 60 month period starting 30 days after notification is sent by the City to the Owner that the service stub has been installed. 5. Penalty for Non-payment. If payment of the Construction Costs is not received by the dates indicated in paragraph 4 above, no wastewater service will be provided to Owner, and the City will pursue legal remedies including and not limited to filing a lien on the Property for the total sum not paid. 6. Payment of City Impact Fees, Tap Fees, and MonthlV Wastewater Service Rates. In a ddition t o p ayment o f t he C onstruction C osts, i f a nd w hen w astewater s ervice i s established by Owner, Owner agrees to pay to the City the impact fees, tap fees, and monthly wastewater service rates applicable to other similarly classified City wastewater customers located outside the City limits, which rates may be adjusted from time to time by the City in its sole discretion. 7. Miscellaneous Provisions. a. Actions Performable. The City and Owner agree that all actions to be performed under this Agreement are performable solely in Williamson County, Texas. b. Governing Law. The City and Owner agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. C. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire agreement shall not be void; but the remaining provisions shall continue in effect as closely as possible in accordance with the original intent of the parties. d. Successors and Assigns. This Agreement is for the benefit of the City and Owner, its successors and assigns. Wastewater Improvements Construction Agreement Page 3 of 5 e. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this Agreement. Any amendment to this Agreement must be signed by both parties. f. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (1) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: Com: City of Georgetown 609 Main Street Georgetown, Texas 78626 Attn: City Manager Fax: (512) 930-3659 Owner: Georgetown, Texas 78628 g. Force Majeure. Owner and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. h. Waiver. No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. i. Amendment. This agreement may only be amended in writing and approved and executed by both parties. 8. Term of Agreement. This Agreement shall be in effect until the date that is thirty (30) days after the date that the City notifies Owner that that construction of the wastewater service stub is complete, or the date that the City receives full payment of the Construction Costs from the Owner in accordance with Paragraph 4 above, whichever is later. Wastewater Improvements Construction Agreement Page 4 of 5 9. Signature Warranty Clause The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Owner, respectively. SIGNED to be effective on the day of 2003. CITY OF GEORGETOWN OWNER in City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Attorney for Owner (if applicable) STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OFWILLIAMSON § This instrument was acknowledged before me on this the _ day of by , a person known to me, individually. Notary Public, in and for the State of Texas STATE OF TEXAS § § CORPORATE ACKNOWLEDGMENT COUNTY OFWILLIAMSON § This instrument was acknowledged before me on this the day of by Paul Brandenburg, a person known to me in his capacity as City Manager for the City of Georgetown, on behalf of the City of Georgetown. Notary Public, in and the State of Texas Wastewater Improvements Construction Agreement Page 5 of 5 0 a a Lewis Contractors 7276 F.M. 2243 )rgetown, TX 78628 BIDDER INFORMATION Joe Bland Construction 13111 Dessau Road Austin, TX 78754 H. Deck Construction 1601 Oxford Blvd. Round Rock, TX 78664 Royal Vista, Inc. 350 C.R. 260 Liberty Hill, TX 78642 Total Unit Price Total Unit Price Total Unit Price Total Unit Price $37,700.00 $41,600.00 $59,150.00 $40,300.00 $9,300.00 $9,750.00 $13,650.00 $11,400.00 $29,700.00 $36,900.00 $40,950.00 $36,900.00 $7,000.00 $8,300.00 $9,100.00 $9,400.00 $83,700.00 $96,550.00 $122,850.00 $98,000.00 Unit Price Unit Price Unit Price Unit Price $39,600.00 $32,400.00 $50,400.00 $36,900.00 $9,200.00 $7,300.00 $11,200.00 $9,400.00 $48,800.00 $39,700.00 $61,600.00 $46,300.00 $132,500.00 $136,250.00 $184,450.00 $144,300.00 Council Meeting Date: October 14, 2003 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to authorize the Mayor to execute an Advance Funding Agreement for Voluntary Transportation Improvement Projects On -System, between the City of Georgetown and the Texas Department of Transportation (TxDOT) for State Highway 29 improvements. ITEM SUMMARY As a part of the Simon Agreement, certain road improvements will be required in order to complete the project. One of those improvements is the completion of State Highway 29 Road Widening and Improvements. The City of Georgetown has been working with Simon Property Group and TxDOT to create an Advance Funding Agreement for the road widening improvements on State Highway 29, from Interstate 35 to DB Wood Road. Attached to this agenda item cover sheet is a copy of the Advance Funding Agreement which has been prepared by TxDOT for execution by the City of Georgetown. This contract will be between the City of Georgetown and TxDOT and all fiscal responsibilities associated with this project will be the responsibility of the City of Georgetown and TxDOT. On the last page of the agreement, you will see the estimated project costs and the responsibilities of each party. The design, construction, engineering and administrative letting costs, and indirect costs included in the project total are the responsibility of TxDOT. This agreement was previously approved by the City Council on July 16, 2003 contingent upon receipt of the Notice to Proceed by Simon. However, it has become apparent that some of the preliminary engineering design work has to commence sooner. Therefore, language has been added to this Advance Funding Agreement stating that no work beyond that which Simon has agreed to up -front the costs of will occur before the issuance of the Notice to Proceed. Staff is recommending approval of the Advance Funding Agreement, in conjunction with the City Council's approval of the Advance Funding Commitment Agreement with Simon. This will ensure that costs associated with this project will be able to be covered by the Development Agreement, approved by the City of Georgetown and Simon Property Group. The City of Georgetown will not be approving a highway improvement project with TxDOT prior to having the ability to repay the costs to the State of Texas. ING12ty FINANCIAL IMPACT: NONE COMMENTS: NONE ATTACHMENTS: Advance Funding Agreement Submitted By: Jim Briggs Assistant City Manager for Utility Operations Patricia E. Carls City Attorney A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING THE ENTRY INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) REGARDING THE ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON -SYSTEM) FOR FRONTAGE ROAD IMPROVEMENTS ON SH 29 TO RECONSTRUCT THE EXISTING 4 -LANE RURAL SECTION (0.23 MILE EAST OF D.B. WOOD ROAD TO IH 35 SOUTHBOUND FRONTAGE ROAD) TO A PROPOSED 4 -LANE DIVIDED URBAN SECTION WITH SELECTED MEDIAN BREAKS, LEFT TURN LANE(S), RIGHT TURN LANES, AND SIGNAL INSTALLATION IN GEORGETOWN. WHEREAS, as part of the Development Agreement with Simon Property Group, Inc., the City of Georgetown has determined that certain public road improvements will be required to SH 29 west of IH 35; and WHEREAS, the City of Georgetown has determined that it is in the public interest to make such improvements; and WHEREAS, the public road improvements would consist of reconstructing the existing 4 -lane rural section (0.23 mile ease of D.B. Wood Road to IH 35 southbound frontage road) to a proposed 4 -lane divided urban section with selected median breaks, left tum lane(s), right tum lanes, and signal installation; and WHEREAS, the State of Texas, through the Texas Department of Transportation, pursuant to Chapters 201 and 221 of the Texas Transportation Code, has provided the City of Georgetown with an Advance Funding Agreement which provides that TxDOT will prepare the engineering plans, specifications and estimates for the project; prepare and competitively bid the project; and supervise the construction work. The City of Georgetown shall be responsible for the construction costs and other associated administrative expenses. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. Century Plan Compliance. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim The City Council hereby finds that this resolution implements the following policies of the Century Plan - Policy Plan Element: 1. Policy Statement 1.0: Citizens of Georgetown experience a stable, self-sustaining economy with expanding job opportunities. 2. Policy Statement 10.0: Citizens and commercial goods move safely and efficiently throughout all parts of the city. SECTION 2. The Mayor is authorized to sign the "Advance Finding Agreement for Voluntary Transportation Improvement Project (On -System) CSJ: 0337-01-029." SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED TO BE EFFECTIVE this October 14, 2003. APPROVED: Gary Nelon Mayor APPROVED AS TO FORM: Patricia E. Carls City Attorney ATTEST: Sandra D. Lee City Secretary CSJ: 0337-01-029 County: Williamson Highway: SH 29 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON -SYSTEM) 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 Georgetown, acting by and through their duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 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 85094 authorizes the State to undertake and complete a highway improvement generally described as the reconstruction of an existing 4 -lane rural section to a proposed 4 -lane urban section; and, WHEREAS, the Local Government has requested to participate in said improvement by funding that portion described as reconstruction of the existing 4 -lane rural section to a proposed 4 -lane divided urban section on SH 29; hereinafter referred to as the Project; and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and, 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 Local Government do 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, and the State and the Local Government 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. AFA for Voluntary Transportation I Of 8 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities 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 Local Government and will be carried out and completed by the Local Government, at no cost to the State. 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. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Local Government 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 4. Responsibilities of the Parties The Local Government 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 5. Document and Information Exchange If requested by the State, the Local Government agrees to electronically deliver all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA for Voluntary Transportation 2 of 8 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 Article 7. 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 8. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost, the Local Government will pay to the State the funds necessary to cover the additional cost, unless otherwise specified in Attachment A to this agreement. The State shall send the Local Government a written notification stating the amount of funding required and reasons for the additional costs. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 10 - Termination. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. Maintenance Upon completion of the Project, each party to this agreement shall be responsible for maintaining the project segments within their perspective right(s) of way. Article 10. 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; AFA for Voluntary Transportation 3 of 8 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 ♦ 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 Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination, unless otherwise specified in Attachment A to this agreement. A. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification, unless otherwise specified in Attachment A to this agreement.. B. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. C. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. D..The State will not pay interest on any funds provided by the Local Government. E. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Mayor Gary Nelon Robert B. Daigh, P.E. City of Georgetown Austin District Engineer P. O. Box 409 P. O. Drawer 15426 Georgetown, Texas 78627 Austin, Texas 78761-5426 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. AFA for Voluntary Transportation 4 of 8 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 Article 12. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 13. Successors and Assigns The State and the Local Government 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 14. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 15. 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. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT 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. go Robert B. Daigh, P.E. Austin District Engineer THE LOCAL GOVERNMENT Date Name of the Local Government: City of Georgetown Typed or Printed Name and Title AFA for Voluntary Transportation 5 of 8 Improvement Projects (on -system) 2. 3. ATTACHMENT A Payment Provision and Work Responsibilities Project Description: CSJ: 0337-01-029 County: Williamson Highway: SH 29 Reconstruct the existing 4 -lane rural section (0.23 mile East of D. B. Wood Road to IH 35 Southbound Frontage Road) to a proposed 4 -lane divided urban section with selected median breaks, left turn lane(s), right turn lane(s) and signal installation. Construct CR 265 east and west stub -outs, north to existing CR 265; and, CR 265 west stub -out, South of SH 29. Right of Way The State shall prepare or cause to be prepared right of way maps, property descriptions and other data needed to complete the project. A minimum right of way width of 130', corner clips at intersecting streets and any additional right of way deemed necessary by the State, to complete the project, will be provided by the Local Government. Tracings of the maps shall be retained by the State for its permanent records. Utility Adjustments/Relocations A. The Local Government shall be responsible for providing the required clearance of a parallel 20' public utility easement on the south side of SH 29 and a parallel 15' public utility easement on the north side of SH 29, throughout the limits of the Project. B. Removal or relocation of all affected utility facilities, necessary to complete the project, will be the responsibility of the respective owner. The Local Government shall be responsible for all costs associated with any adjustment not assumed by the utility company or owner. Removal or relocation of any utility shall be in accordance with applicable laws, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the Local Government will be responsible for all costs associated with the additional utility work within its jurisdiction. C. Contractor reimbursement(s), determined to be caused by the delay of utility adjustments, shall be borne by the Local Government. D. The parties agree that required removal of any asbestos concrete pipe in the project shall be funded by the Local Government. The costs of remediation of any contamination attributable to the Local Government's facilities, Advance Funding Agreement for Voluntary Transportation Page 6 of 8 Revised 4/9/01 Improvement Pngects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 encountered during construction, shall also be borne by the Local Government. 4. Environmental Services The State shall prepare or cause to be prepared the appropriate environmental documentation required for clearance of the Project. The Local Government shall participate in all public processes required for environmental clearance. 5. Engineering Services The State 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 specifications, standards, laws and policies deemed necessary by TxDOT. 6. Construction Responsibilities A. The State shall be responsible for competitively bidding the project to construction. B. The State shall supervise and inspect all work performed by the construction contractor and 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. 7. Maintenance Responsibilities Each party to this agreement shall be responsible for maintaining water quality ponds and roadway area(s) located within their perspective right(s) of way. The Local Government shall provide to the State an access point for each water quality pond specified or deemed necessary by the State. 8. Payment Provision The Local Government shall be responsible for the actual construction costs required to complete the Project. Actual construction costs will also include the design costs for water quality ponds and stub -outs on CR 265. The State shall be responsible for the design costs, excluding water quality ponds and stub -outs on CR 265. The Local Government shall submit a check to the State, in the amount of $311,693, within thirty (30) days of receiving an executed agreement. This is an estimated amount and the Local Government shall be responsible for the actual design costs for the water quality ponds and CR 265 stub -outs required to Advance Funding Agreement for Voluntary Transportation Page 7 of 8 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 complete the Project. This amount will be applied to State Administration costs and the design of water quality ponds and CR 265 stub -outs, which will be performed by a State acquired design consultant. No additional design work, nor will construction begin, by the State until the State receives a written Notice to Proceed from the Local Government stating that the Local Government is ready to proceed with design, construction and construction engineering of the Project. After tendering the above -referenced written Notice to Proceed, the Local Government shall be responsible for the actual construction costs required to complete the Project. The remaining estimate project costs will be due thirty (30) days prior to the State bid advertisement for construction. Project costs are estimated as shown: $4,854,000.00 - Bid Items $ 200,000.00 — Design of water quality ponds and CR 265 stub -outs $5,054,000.00 - Sub -Total $ 530,670.00- Construction Engineering (10.5%) $5,584,670.00 - Sub -Total $ 111.693.00 - Administrative/Letting Costs (2%) $5,696,363.00 - Sub -Total $ 426,088.00 - State Indirect Costs (7.48%) $6,122,451.00 - Estimated Project Total Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government or the State will be promptly paid by the owing party. Advance Funding Agreement for Voluntary Transportation Page 8 of 8 Revised 4/9/01 Improvement Projects (on -system) Council Meeting Date: October 14, 2003 Item No. F_ E AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to authorize the Mayor to execute an Advance Funding Agreement for Voluntary Transportation Improvement Projects On -System, between the City of Georgetown and the Texas Department of Transportation (TxDOT) for Interstate Highway 35 improvements. ITEM SUMMARY As a part of the Simon Agreement, certain road improvements will be required in order to complete the project. One of those improvements is the completion of frontage road improvements on Interstate Highway 35 southbound from State Highway 29 to RM 2243. The City of Georgetown has been working with Simon Property Group and TxDOT to create an Advance Funding Agreement for the frontage road improvements on Interstate Highway 35, southbound from State Highway 29 to RM 2243. Attached to this agenda item cover sheet is a copy of the Advance Funding Agreement which has been prepared by TxDOT for execution by the City of Georgetown. This contract will be between the City of Georgetown and TxDOT and all fiscal responsibilities associated with this project will be the responsibility of the City of Georgetown and TxDOT. On the last page of the agreement, you will see the estimated project costs and the responsibilities of each party. The design, construction, engineering and administrative letting costs, and indirect costs included in the project total are the responsibility of TxDOT. Language has been added to this Advance Funding Agreement stating that no work beyond that which Simon has agreed to up -front the costs of will occur before the issuance of the Notice to Proceed. Staff is recommending approval of the Advance Funding Agreement, in conjunction with the City Council's approval of the Advance Funding Commitment Agreement with Simon. This will ensure that costs associated with this project will be able to be covered by the Development Agreement, approved by the City of Georgetown and Simon Property Group. The City of Georgetown will not be approving a highway improvement project with TxDOT prior to having the ability to repay the costs to the State of Texas. SPECIAL CONSIDERATIONS: NONE FINANCIAL EWPACT: NONE us]W ATTACHMENTS: Advance Funding Agreement Submitted By: Jim Briggs Assistant City Manager for Utility Operations Patricia E. Carls City Attorney A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING THE ENTRY INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) REGARDING THE ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON -SYSTEM) FOR FRONTAGE ROAD IMPROVEMENTS ON IH 35 FROM SH 29 SOUTHBOUND TO RM 2243 IN GEORGETOWN. WHEREAS, as part of the Development Agreement with Simon Property Group, Inc., the City of Georgetown has determined that certain public road improvements will be required to IH 35 from SH 29 Southbound to RM 2243; and WHEREAS, the City of Georgetown has determined that it is in the public interest to make such improvements; and WHEREAS, the public road improvements would consist of constructing a bridge structure within the limits of a new frontage road; and WHEREAS, the State of Texas, through the Texas Department of Transportation, pursuant to Chapters 201 and 221 of the Texas Transportation Code, has provided the City of Georgetown with an Advance Funding Agreement which provides that TxDOT will prepare the engineering plans, specifications and estimates for the project; prepare and competitively bid the project; and supervise the construction work. The City of Georgetown shall be responsible for the construction costs and other associated administrative expenses. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. Century Plan Compliance. The fads and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Policy Plan Element: 1. Policy Statement 1.0: Citizens of Georgetown experience a stable, self-sustaining economy with expanding job opportunities. 2. Policy Statement 10.0: Citizens and commercial goods move safely and efficiently throughout all parts of the city. SECTION 2. The Mayor is authorized to sign the "Advance Finding Agreement for Voluntary Transportation Improvement Project (On -System) CSJ: 0015-08-119." SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED TO BE EFFECTIVE this October 14, 2003. APPROVED: Gary Nelon Mayor APPROVED AS TO FORM: Patricia E. Carls City Attorney ATTEST: Sandra D. Lee City Secretary 49* , Texas Department of Transportation P.O. DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512) 832-7000 October 8, 2003 County: Williamson Highway: IH 35 CSJ: 0015-08-119 Tom Yantis Assistant City Manager City of Georgetown City Hall 113 E 8th Street Georgetown TX 78626 Dear Mr. Yantis: Enclosed are two original counterparts of an agreement for the above referenced project. These revised documents, clarifying payment provisions of the Project, replace those documents transmitted to Mr. John Aldridge, under cover memo by Patsy Warren, Contracts Manager, dated August 29, 2003. Please return the two executed documents to my attention for final processing. A fully executed agreement will be returned for your records. A check made payable to the Texas Department of Transportation, in the amount of $49,000, is required within thirty (30) days of the execution date to fully activate the Project. If you have any questions, please contact me at (512) 832-7050. Your assistance is appreciated. Attachments cc: John Wagner, P.E. Mike Walker SinLe atricia L. Crews -Weight, P.E. District Design Engineer An Equal Opportunity Employer THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CSJ: 9337-84-829 0015- County: Williamson Highway: Sk 1 H 35 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON -SYSTEM) 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 Georgetown, acting by and through their duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 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 85094 authorizes the State to undertake and complete a highway improvement generally described as frontage road improvements on IH 35 southbound from SH 29 to RM 2243; and, WHEREAS, the Local Government has requested to participate in said improvement by funding that portion described as the construction of a bridge structure within the limits of a new frontage road; hereinafter referred to as the Project; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated which is attached hereto and made a part hereof as Attachment "A" for construction of frontage road improvements at the location shown on the Map in Attachment "B" hereinafter referred to as the Project. 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 Local Government do agree as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. 2. Scope of Work The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Advance Funding Agreement for Voluntary Transportation Page 1 of 13 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 Attachment "C", Payment Provision and Work Responsibilities which is attached to and made part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment "C", Payment Provision and Work Responsibilities, also specifies those Project Items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government at no cost to the State. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment C. The Local Government will pay at a minimum its funding share for the estimated cost of preliminary engineering for the project. f. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. g. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. h. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. i. The State will not pay interest on any funds provided by the Local Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is Advance Funding Agreement for Voluntary Transportation Page 2 of 13 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 terminated at the request of the Local Government prior to completion of the project. k. If the project has been approved for a "fixed price" or an "incremental payment' non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. This Agreement reflects adjustments to the standard financing arrangement based on this designation. m. 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. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. After the PS&E the Local Government may elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will Advance Funding Agreement for Voluntary Transportation Page 3 of 13 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. 8. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 9. Architectural and Engineering Services The State has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 10.Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Advance Funding Agreement for Voluntary Transportation Page 4 of 13 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 12. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 13. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: Mayor Gary Nelon City of Georgetown P.O. Box 409 Georgetown, Texas 78627 State: Robert B. Daigh, P.E. District Engineer P.O. Drawer 15426 Austin, Texas 78761-5426 Advance Funding Agreement for Voluntary Transportation Page 5 of 13 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 14. 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 other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 15. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 16. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 17. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 18. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 19. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 20. Procurement and Property Management Standards Advance Funding Agreement for Voluntary Transportation Page 6 of 13 Revised 4/9/01 Improvement Projects (on -system) CSJ: 0337-01-029 County: Williamson Highway: SH 29 The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR § 18.32. 21. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 22.0ffice of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. 23.Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(6)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 25. 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). 26. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or Advance Funding Agreement for Voluntary Transportation Page 7 of 13 Revised 4/9/01 Improvement Projects (on -system) • L] CSJ: 0337-01-029 County: Williamson Highway: SH 29 employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Advance Funding Agreement for Voluntary Transportation Page 8 of 13 Revised 4/9/01 Improvement Projects (on -system) Advance Funding Agreement for Voluntary Transportation Page 9 of 13 Revised 4/9/01 Improvement Projects (on -system)