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HomeMy WebLinkAbout07-22-10-2h - Resolution - 07/22/2010 RESOLUTION NO. 07 22 - 10 - 2h Ilior A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ALLOWING THE MAYOR TO SIGN AN ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A TEMPORARY LEFT TURN LANE ON HARVEY MITCHELL PARKWAY INTO A CONSTRUCTION ACCESS DRIVEWAY AND THE EXISTING DRIVEWAY TO THE WOODLANDS APPARTMENT COMPLEX. WHEREAS, the City Council of the City of College Station, Texas supports the construction of the temporary left turn lane on Harvey Mitchell Parkway into the construction access driveway for the Campus Village Development and into the existing driveway to the Woodlands Apartments to promote safer ingress and egress of construction traffic and traffic entering the Woodlands during the construction of the Campus Village site; and WHEREAS, City of College Station will transfer the funds necessary for the construction of the temporary left turn lane on Harvey Mitchell Parkway to the Texas Department of Transportation as per the Advanced Funding Agreement; and WHEREAS, the funds to be transferred will be based on an engineers estimate and confirmed and approved by the Texas Department of Transportation now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the Advance Funding Agreement which is attached hereto and made a part hereof as Exhibit "A." PART 2: That the City Council hereby approves the Mayor signing and the City Secretary attesting said agreement. PART 3: That this resolution shall take effect upon full execution of that one certain Development Agreement between the City and CVCS, LLC which agreement is attached hereto and made a part hereof as Exhibit `B." ADOPTED this 22nd day of July , A.D. 2010. ATTEST: APPROVED: C A ity Secreta MAYOR (% O � APPROV 1 1 CriA) City A r y CSJ: Lu99 -01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of College Station, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, 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, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111335 authorizes the State to undertake and complete a highway improvement generally described as the construction of a highway- railroad grade separation; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the construction of a left-turn lane on FM 2818 at its intersections with the temporary Campus Village construction entrance and the Woodlands south driveway, 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 Local Government do agree as follows: 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 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. 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. AFA- AFA_VoITIP Page 1 of 7 Revised 02/10/10 CSJ: ,99 01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A 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. 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. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. , ,,J grl 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. Article 4. Adjustments Outside the Project Site 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 5. 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. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State 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 government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA- AFA_VoITIP Page 2 of 7 Revised 02/10/10 CSJ: ,J99 -01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A Article 7. 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. Article 8. 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 9. 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 for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government 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 Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - 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 Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if 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 government. The cost of providing 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 but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. 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 11. 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. AFA- AFA_VoITIP Page 3 of 7 Revised 02/10/10 CSJ: x099 -01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A If the agreement 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. ♦ 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. Article 12. 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: Mr. Glenn Brown Robert A. Appleton, P.E. City Manager Director of Transportation Planning City of College Station and Development P.O. Box 9960 Texas Department of Transportation College Station, Texas 77842 -9960 1300 North Texas Avenue Bryan, Texas 77803 -2760 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. Article 13. 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 14. 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 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA- AFA_VoITIP Page 4 of 7 Revised 02/10/10 CSJ: 4099 - 01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. 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. 114)1T-,,„ ,_ I � 3 { U ' £ `" t. DES }}4 , , y J et, S 'h` } �+ {t3{ ',S \y 6 t ' i 41; p r 0 P err #s 1 a � or .0 4 t l r� Till' e 1 51' ' t d .. P ,, , �thY'8E➢� t , , 4 I' A. }J 410 Y fr �4 Y3k- i lik 1. ' 1 4 2 I 7 s{ 4 i i* {t $ f £ If 44{ jj �`3tit €£,. t 3 AFA- AFA_VoITIP Page 5 of 7 Revised 02/10/10 CSJ: L.099 -01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A 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. By Date District Engineer } � � f � _ 3 r Si 4f� ��� THE LOCAL GOVERNMENT i4 t. Name of the Local Government City of College Station , '; {' Er By Date f „ 3P,, ,. Typed or Printed Name and Title Nancy Berry, Mayor, City of College Station ATTEST: 4 1 „ Connie Hooks, City Secretar ` *gm, gig 197,{?� � NIYf k3ga 3 } yy Date . � !'- APPROVED: City Manager ! 1611 }4 if,fft =yy i =, Y ;. Date ki City Attorney "I” leieh Date Chief Financial Officer 4 1 4 ` Date AFA- AFA_VoITIP Page 6 of 7 Revised 02/10/10 CSJ: ,d9 -01 -022 EXHIBIT A TO RESOLUTION District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will pay for the cost of the construction of a left -turn lane on FM 2818 at its intersections with the temporary Campus Village construction entrance and the Woodlands south driveway, which are on- system locations. This work may include, but is not limited to, the cost for all temporary pavements, signs, pavement markings and markers. The Local Government's participation is 100% of the cost of this particular improvement. The Local Government's estimated cost of this additional work is $ TBD, which includes the State's direct cost for construction items, the costs of necessary maintenance of those items, and construction engineering and contingencies. The State's contractor will construct the work. The State has estimated the project to be as follows: Description Total State Local Estimate Cost Participation Participation Cost % Cost Construction of Temporary Pavement $0 0% $0 100% $0 Construction of Pavement Markings $0 0% $0 100% $0 and Markers Construction of Signs $0 0% $0 100% $0 Subtotal $0 $0 $0 Direct State Costs (including plan review, $0 00/0 t._� construction inspection $0 100% $0 and oversight) Indirect State Costs $0 0% $0 100% $0 TOTAL $0 $ 0 $0 Direct State Costs are estimated at 12 percent of the estimated construction cost. Indirect State Costs are estimated at 5.86% of the estimated construction cost. Local Government's Total Estimated Participation (100 %) = $ TBD It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. AFA- AFA_VoITIP Page 7 of 7 Revised 02/10/10 EXHIBIT B TO RESOLUTION oimr AGREEMENT BETWEEN THE CITY OF COLLEGE STATION, TEXAS, AND CVCS, LLC FOR THE DESIGN OF AND PAYMENT FOR TEMPORARY CONSTRUCTION ACCESS FROM HARVEY MITCHELL PARKWAY TO THE CAMPUS VILLAGE DEVELOPMENT This Agreement ( "Agreement ") is entered into on this _ day of , 2010, by and between The City of College Station, Texas (the "City ") and CVCS, LLC, a Texas limited liability company (the "Owner "). WHEREAS, Owner owns a tract of and containing 15.22 acres, more or less, of unimproved real property (the "Property "). A site plan for the Property has been approved to construct 194 units of multi - family housing. The Property is located within the corporate limits of the City; and WHEREAS, TxDOT is currently constructing a grade separation at the intersection of Harvey Mitchell Parkway and Wellborn Road. During the construction of said improvements, creating a temporary construction access from Harvey Mitchell Parkway to the Property will enhance accessibility to the Property. Since such temporary construction access is within TxDOT right -of -way, TxDOT controls construction and accepts funding for projects within its right -of -way from other governmental entities, including the City; and WHEREAS, the construction of a temporary construction access described above will benefit both Owner and the City as a whole by enhancing the overall flow of traffic in this area; and WHEREAS, Owner is willing to provide design plans directly to TxDOT for the temporary construction access and to provide funding for the entire cost of the temporary construction access through the City to TxDOT; and WHEREAS, City is willing to accept funding from Owner and remit same to TxDOT so that the TxDOT contractor, Knife River, can construct said temporary construction access; now therefore For and in consideration of the foregoing recitals, and the promises and covenants contained herein the parties agree as follows: 1. Owner represents that it has submitted to TxDOT for its approval plans for the temporary construction access and shall obtain, at its sole cost and expense, TxDOT approval of plans for the temporary construction access. A copy of the plans submitted to TxDOT is attached hereto as Exhibit "A" and incorporated by reference herein (the "Plans "). 2. City agrees to enter into an Advanced Funding Agreement ( "AFA ") with TxDOT for the funding of the temporary construction access as set forth in the approved Plans. The AFA shall be in a form as substantially set forth in Exhibit "B" attached hereto and made a part hereof. 3. Upon approval of the AFA by both the City and TxDOT, and upon approval of the Plans in a form as substantially set forth in this Agreement by TxDOT, Owner will deliver to the City the entire sum required pursuant to the terms of the AFA (the "Funds "), which represents the entire cost of the temporary construction access as set forth in the Plans. Owner understands and agrees that the Funds as the term is used herein includes the initial estimated cost of the temporary construction access as well as any additional funds required pursuant to the terms of the AFA. Likewise, in the event the cost of the temporary construction access is less than the amount provided by Owner and City is receives a refund from TxDOT, said refund will be remitted to Owner. 4. Upon receipt of the Funds from Owner to City as set forth above, the City shall remit same to TxDOT. 5. If for any reason TxDOT fails or refuses to honor the AFA, Owner will hold City harmless from any and all losses, claims or causes of action arising therefrom. If for any reason I C: \Documents and Settings \chuck \Local Settings \Temporary Internet Files \Content.Outlook \4873VQ3M \Dev K 3 (2).docx 7/9/2010 1:31 PM100087486) Noid EXHIBIT B TO RESOLUTION .. the AFA is not executed by TxDOT or if for any reason the Plans are not approved by TxDOT, this Agreement shall become null and void and be of no further force and effect. 6. If for any reason Owner does not timely submit any and all Funds required pursuant to the terms of this Agreement, Owner shall assume all financial responsibility then remaining for the City pursuant to the terms of the AFA. 7. In all activities or services performed hereunder, Owner is an independent contractor and not an agent or employee of the City. Owner and its employees are not the agents, servants, or employees of the City. As an independent contractor, Owner shall be responsible for the professional services and the final work product contemplated under this Agreement. Owner shall supply all materials, equipment, and labor required for the services to be provided under this Agreement. Owner shall have ultimate control over the execution of the professional services. Owner shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have no control of or supervision over the employees of Owner or any of Owner's subcontractors. 8.. WARRANTY, INDEMNIFICATION, & RELEASE 8.1 Owner warrants that the design work and all information provided by Owner or his representatives, employees, agents, consultants, or contractors reflects high professional and industry standards, procedures, and performances. Owner warrants the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of other services under this Agreement, pursuant to a high standard of performance in the profession. Owner warrants that Owner and his agents, employees, consultants, or contractors to exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Agreement. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of Owner, his employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their designs, information, plans, specifications or any other document, nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid documents prepared by Owner, his employees, associates, agents, consultants, design professionals or subcontractors. 8.2 Owner agrees to and shall indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by Owner, Owner's employees, agents, design professionals, contractors or subcontractors under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, Owner, or any third party. 8.3 Owner releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of Owner or his employees and any loss of or damage to any property of Owner or his employees that is caused by or alleged to be caused by, arises out of, or is in connection with Owner's work to be performed hereunder. 9. MISCELLANEOUS TERMS 9.1 This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 9.2 Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing C: \Documents and Settings \chuck \Local Settings \Temporary Internet Files \Content.Outlook \487JVQJM \Dev K 3 (2).docx_7 /9/2010 1:31 PMI00087486i Ned EXHIBIT B TO RESOLUTION L written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: City of College Station Attn: City Engineer P.O. Box 9960 College Station, Texas 77842 CVCS, LLC ATTN: KEVIN McGRAW 4520 N. Grand River Avenue Lansing, MI 48906 9.3 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. 9.4 This Agreement represents the entire and integrated Agreement between the City and the Owner and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. 9.5 This Agreement and all rights and obligations contained herein may not be assigned by the Owner without the prior written approval of the City. 9.6 The Owner, his agents, employees, contractors, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Owner must obtain all necessary permits and licenses required in completing the work and providing the services required by this Agreement. 9.7 Each party represents that the individuals signing below are duly authorized to sign and enter into this Agreement on behalf of such party. 9.8 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Agreement. CVCS, LLC, A Texas limited liability company By: / / `�' Name: 1. OtY iY• kw' Title: 0-1 z o. J 4 Asv . Date: 7 /0 C: \Dms gs \k \Lo\Temry Internet F \Content \ ocuentand Settin 487 \chucDeV cl Ka 3 (2) 7/9 1: 31 PM(00087486) EXHIBIT B TO RESOLUTION loopr CITY OF COLLEGE STATION Bv: Name: Title: Date: ATTEST: City Secretary Date: APPROVED: Cit Mana•er D. -: a r F . 1 (/ / r City Attorney Date: Chief Financial Officer Date: THE STATE OF - rejazS § COUNTY OF 13 WS § This ins untent was ackn%vledged befor me on the f �d ay of ' JG� /w- , 2010, ' b N I -ries (' L "D ttli r; red H al of CVCS, LLC, a Texas limited liability company, on behalf of said limited liability company. t;g0 RONDA M. OCHOA ierra-0—, trY). e&A-0_e? .. .. f _ Notary Public, State of Texas ,F My Commission Expires Notary Public in and for State of 7 " „ < +: �. March 03, 2013 STATE OF TEXAS § C: \Documents and Settings \chuck \Local Settings \Temporary Internet Files \Content.Outlook \487JVQJM \Dev K 3 (2).docx_7 /4/2010 1:31 PM (00087486) EXHIBIT B TO RESOLUTION • Lir COUNTY OF BRAZOS § This instrument was acknowledged before me on the _ day of , 2010, by , in h capacity as of the City of College Station, a Texas home -rule municipality, on behalf of said municipality. Notary Public in and for State of Texas L C: \Documents and Settings \chuck \Local Settings \Temporary Internet Files \Content.0utlook \487)VQJM \Dev K 3 (2).docx_7 /9/2010 1:31 PM100087 -1861 EXHIBIT B TO RESOLUTION • EXHIBIT A �°`"' Permit to Construct Access Driveway Facilities al 4 on Highway Right of Way Fonn 1058 Rev. 912004) GS0•EPC) Page 1 of 2 To: Caddis Development Group Hwy. FM 2818 Permit No, (Name) 4520N. Grand Rlver Avenue Control 2399 Section 01 (Address) Lansin MI 48908 (517) 703 (City, Stat zIp) (Phone No) The Texas Department of Transportation, hereinafter called the State, hereby authorizes Caddis Development Group hereinafter called the Permittee, to Ei construct / D reconstruct a temporary construction (residential, convenience store, retail mall, farm, etc.) access driveway on the highway right of way abutting highway number Fs/12018 in Brnzos County, located at approx Detour Sta, 1865+79 of FM 2818, just west of the existing Woodlands driveway Subject to the following: 1. The Permittee is responsible for ell costs associated with the construction of this access driveway. 2, Design of facilities shall be as follows and/or as shown on sketch and is subject to conditions stated below: As shown on attached plan set, showing driveway plans for the two major construction configurations of FM 2818 ,during the FM 26181 FM 2154 grade - separated Interchange project. All construction and materials shall be subject to Inspection and approved by the State, 3. Maintenance of facilities constructed he-eunder shall be the responsibility of the Permittee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway, Changes In design will be made only with approval of the State, 4, The Permittee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. 6. Except for regulatory and guide signs at county roads and city streets, the Permittee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as fuel pumps, vendor stands, or tanks shall be located at least 12 feet from the right of way line to ensure that any vehicle services from these fixtures will be off the highway right of way. 6, The State reserves the right to require a new access driveway permit In the event of a land usa change or change In driveway traffic volume or vehicle types. 7, This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the Issuance date of this permit, 8, The Permittee will contact the State's representative telephone, ( ) , at least twenty -four (24) hours prior to beginning the work authorized by this permit, Texas Department of Transportation Date of Issuance Authorized Representative The undersigned hereby agrees to comply with the terms and conditions set forth In this permit for construction of an access driveway on the highway right of way, Date: Juuy 7, 2010 Signed: (Prop: owner or owner's representative) EXHIBIT B TO RESOLUTION EXHIBIT A Form 1068 (Rev, 9/2004) Page 2 Or 2 Access Driveway Regulations The Texas Transportation Commission, In recognition of Its responsibility for the safety and utility of public highways under Its Jurisdiction, has directed the department to adopt access driveway standards to accomplish a coordinated development between highways and abutting property. For this purpose, the booklet entitled "Regulations for Access Driveways to State Highways ", was published and adopted, setting out departmental policies to regulate construction and maintenance of access driveway facilities, Sketch of Installation • • • • EXHIBIT B TO RESOLUTION `u.. EXHIBIT A . u, P w N ;' o c7 W. a f v o OO -1 a° n -1 o O A I 1zz1z v z z m 222 F�'nN t/6 Y .ir Xoo og��co�'��y�o�z�'� oz� t • J � � m.., +.A.z c c x y olos * i .7 t .:V' '• a Jj ' N N , ro 5 .1 , /.,{ > J f °A = c 5 . Dc- - �g 5_S o �a�� ° 1 tiil � r �r 3 •i� r .�{,�. 41 4 s ( 1 «ti 4. 0 oa 0- 0 ' hw m A }' a .; ` • {>E t :` •• ` z z � p.thliphiqe(g 1�4. t t , 'F' ,. ( /r d p•pp N y 0 z Z ❑ N t1 a o x ° 7C & A z k . 4 ;, n y- . j 6(f 1' D P ° 1 9 1 UI SI 8 C t f ; 's •t� y 1; O gm oQ� ` ; S n.{ �cn p �A �AYp'n Cm OKZ•-1 y � s ∎ N Rrgo ° a o �aZog . j "i d ` +x' $ A cmz z - t m 8 r � I 8 r t' , i 1 " o ', r' O ON p•o of�i. 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EXISTING — t - ix 0 A o 9 . - p d Imo • • > WOOOLANOiVE W -�izs' !P ' m 3§ n 6 ' ` 2 s° 6 65 ' a ",„ ' h A ° 9 b �' . t i ozc 1. Z T OZ '.�•j r f 1'� .! I d j t i ; L y d y t { L [ js $eX�y bI mm t / f ( E1 $ail ,ad 1 1 _ 1 - a Q { I p i r ` p � °� { x?; . g.9 9 $ y ..6;,./.10"..... 11 �� 1 Q $ t p 5 � e� I !( K J4' 3 bi hi , i N- 44 l 5] g. £ t .. J , J Z r i h n : W P m p t t` s1 111 m Y ., ) _. s j b ��, S O c o b0 6 ' x •', F•�i , g V iri � $ rnmir -a t m EXHIBIT B TO RESOLUTION EXHIBIT A r Ilia Y4. r �� �[ , �� . 1 ylv4VT1, f 39 F. fi r • Hill o Erb ,,—L , 773 ; ri x i pi t yp. 6 .1 ! d 1 S : ',; . s r y , ' w /y g r � F' • �� K it` 13 m . ,1 4 3 1.1v1 9 _ 7J i � sSIt iv 3 . F,IU i. ,' i CAD .1 T rty7 It -1 i fi� L , \ S 1 g 4( die Zfi IQ OYN Or Kr t 4 t, • '� II C • qb T a , r � t ,• . m Do° S fi . 11 k 1`.r r rXl nz , I V i m T V� � �Ag ,,,, >S 4 1 t � mm F v 0 z ° ° b Ot A R ; • ' �j Y l 1' """..„ P ti y ^t 634 a • ink, E ` r '` € P,', g -, 24 ` ' c ; i z gl ; 2 1 14 , 1. s o g ' r t Z t7 • 't � . -. tx ft j y r /s y ." ( +'`+• ih "t � o S r 4 1 P. Ai r 1s ; r #1 f s M • n �z i a 4 g R t . {, ! i 'Ti tW- a y 3 . f �i } n 'I v-, 4 I�, , 1 a r 1 c) 13 r 1 . ,.t li �v i 1 p �' � #_ M1 � ; s e £ ra t ,,r, r t,s i `1 ,:: b i • r r i si;� ( Y ' l '�I'rti hli I I �t 1,4 h h i�t a ,, ( $ r 1 y ! I tl i li ttP ii ui g,5 ii ( ' t J � 4 41 � t lt t i� li�l FFI i a � `,,/z„,.1:._:- • — o f- 4 � •:i1 • i #i'. 11,141 i 1 I A 0-0 _ gq1 c p+ ao ❑ map gF, r ft gg z T N j �i if � i 6 f F, o •n F J -T+ 'I''' - L, fi i P tj la Eill I E NJ . trig •, • t � ' EXHIBIT B TO RESOLUTION EXHIBIT A P -/ I d () 1 ., °oapp� N � O� ° �vv w ° oo N eO Zc I - i.40qpiFF.IWOV ,g bbDOOD�Om N�O ~ �OF $ m CzT�� 1 £ A °° { ° A oNss'h mmzo f i , 4Pg0 ( 4 4 4nOrR yl di at I b , Z to YY� iIA O° C Z . 5..Yr1 cf o , 11 e P ( p m n kZVV F M o n � n P 2m z ( i Y�Q �m y � ft1 OZ �' � - L : ! Lfl] PFFF a z �p F 11 lmC a ap `�. O CC g L 3 N N 1 G •<' 1 !,11 � 1 nm z z oc P05 PP r) " z£ 0 8 � s� o ; � l p ib79 p 1 r o liHH O � jy Ni - I[ Z 4 A S � 8 (,� a v1 �W e-1 ;�� VI > y p �j Z U `L 1$.71' N,' •a / / / /r[!, cq g . svavi 0 80 +� _ �v.�l �e. � f (� of�° V ° � t4 • z ° �z�g a o cl 7 II z m z o z° o z z limlipmeoiqu 1 =I I xA� 1 1 sIIS I t pp u.3 Bri a te�aj�l � ) � l1', y . •11 a n - 13 17 ° T --{{ y ° "t II a r � I�fl L1 Sl ll�; 4 1 t £ Y � �1v, 1 m 4�Z° V °n S r' r `, z.g a }� b O c mo A. AA F R.c70REq p ) �� W g°� zN I 1 f r W'O O DI.AND. D IVEWA v o r O D 5 � 3 p y f( ''' i O y -a N 01 •� b D :,a?: i UI Z �1 Al l C '4d I* 1"` 1 k 4 ,, • r rr m rF VI r 4 7" f N cd �' Y '�t% i 4. v 4 y mpp 5 ` - r 4l gd iE -.I I fc NN t �' z p° '7 m .n o , i 6 L E 6) . •1'i O b N t o O n 3 �m 1 ..J > -- - . �7 9 � 2 2 m � N O� t ti 4 L O NO f A m 0 ( .. , ,Nor S d I t yg� p y ° O0O I Y 9 4 R6' O y ��„ I� iRi € - z s �-n : � y � j 1 i i • EXHIBIT B TO RESOLUTION .- EXHIBIT A • DIXLA14Ex' m u e o/ 1Me twdcrd le DbrerMO byy iM 'T a E�DgplMal Prat Ae • xo M'r0'11f if :IL DATEI 1 tO �� moue IT y TeDOT ixx•peee Meleavl�. era reepMe� far 1M tonYer- FILE■ tole fliorE o OM r tarm ar tof n � iNl1e ei C ilea ftlip 1, IA ix L a gE a I '? 1 4$ b a 41 g WI i. PO a s a $ . 1 ili203 0411 , a P PY 11 5 a ,aa! 3 "s g 1-li i a ,�a Y <1 2 for, 1W Ila € lip a gars � ' ° " - a 3 1 J n e.g q,!_i Td 1`/ k-�ee —, fl ag a s a m 2 ° z pi; ( `-. s 8Fa ee !PTAs a .I Imo✓ - A a E di I I [ i3.191 5 ? ^ ' ie o s . - ‹). f fl a e �9 = �� �? n �n i 4 71 V}> 0 ''. 1 g R lila 1.11ti t II I 9�. a" N aePl a as gg v g a ^9Rg °� j It-L.. O � II 44 0 1 pp n iqh e Q 4 sz u q 1 1 1, 1 1 ,� x --I r. ! 1...Nr g I — i Ill P- 1 Di /) ). PiBil i 4 !4 1 Po E 1 1 d$' iti D I - M 15 oo ■ u Ag g pcg o { m A zi a. AA I . ig_ a 1 0x1 � x t=' I s 0. F = p o 0 y o i — o 99 8 4 _ �'' _, I ? e\� r70 o m� _ ' p AO ,-- I b . l _ I k �' 0 �' 0 1 f P p 6 = a y � m R r 1- f � N : ;V vl 3 ' SI< .7 __,--1 .t... L p ;* F.. I it ( 0 11 ) , . Q R I . 3 ' GM;,•� „ 1I 1 '.r' n n ak 8 g e 33 1 p H P g 3 g R g p7' �� / a" a t a // I S FN a a l s = aRg MI6 & a _ �I �w �W 1(f 3�; m s m -. 4 l 7 v , T h iiile m I p S ' 3 y t : �N ? 1 !1 Q O N. 1 ` i ° 4 e i ii 8 i -- I r ia s o ° s 9 ? (ilirpr i D $ 4, a 3 lig » sip _ Emu • - g 1 k z n ea g 3i 1° ,1 i i ll T£ E,15-1 a ' 2 o, 1 P 4g ? i �� I IT EXHIBIT B TO RESOLUTION — • EXHIBIT A . DISCLAI000I I7 1 0 1h 10 etOnOC C IA OOetneO by iM 't0[O 'M IMef lnp Pf00t I c 0 AO • a Of mY DAIEI .1041 0 1111 ILmdcrd '10 O104 11 00(1410 a 104 lrnc er,,u t. or d 004'treiuNt llnQ {moil 10, 0,,, FILET ■ . 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ODUO i1a�il 1 f 1�1i il.�M`�G to ottlefPfw� at io°'f "incuE re o� r °:�u7"ri or ama.� 11 e'Itliq f rm 110 "�ie F ILEI I • i;ii j 1 al B 1 ,, o ft D + ..r : I - . .0 c 0 r 0 24 M EE ,/ w .. � .. Babb q' _ _ _ _ � I 1 1 • A ❑ 8 ❑ V R.'-' I - q 14 (11 1 T Z I— . ,lj i H $ � o r H Z _ .' I i $ M. s r 1 o H C '-�' - $ - 8g q a a o 0 z _2 _ ^�-p m . 1 s I a 0 1 � . n �a n 2a G1- _21-. o r 1 ;1 � _- /000 Im . il . . _tea; ,1170 ari 8I pop "O R �p E 58 �.3gb B3 �� y Im r rO -<m H " —9i a 9 s r • p ,•--• g=.' 2 ,,c., Vt, ,i'" L -1 4 g A f- a A ._',7 .(i- 9: ' 1 ∎ 4 2 1 n Ili 3 a Ridaa' 2 __ — F 1 - (A01 -1O R 1 4 4 54 $ 1 1 o 4 . T O 11)) 2 C S 8 5 EXHIBIT B TO RESOLUTION EXHIBIT A 010 kluiai iM )e f Ws Ia+aard le Qom by in. •00e. 0 na lneerin Aar la r tr of DADAM I 1 ° M ° f 1714 4 0004(4 *%rap 0 4 O erfcTI" - 4 f tp Pew!. refull t 4 a oo'o 4 a, ; lli f ILE■ A � I I 9' Imil iillh. 1M MOM' AHEM AMR to L 1 ■► -a.= ■._ = ■I A ... s I r. - - - . -- :: : .... .. 1 . In MOM .... ■ -- ■ - -..■ . .10 is •uu ....nr °.G 1 T 0 ' IMO IIIIIIIV _r ° i. 8.0' ( ±. 5') _� T i i s° � � , ii IE— a u . .— Jnnn • • ■o•- '.0 unun N ..� ' 1 .J 1 1 . ...... IMO �, ..... ) 1 • I 9. 5' (t. 5') • _.i 'MAW • A l,- • �• _rnn A w • 1 T • _ ` iii ■ • . AMMO If • -.r.■ A lII • 1 k 13.0 (t.5') ri k . . 10, 00 ( ±. 5') A A ..IIIIIIOIICI -... o . -_ -- °..... `. -r ... ■... --.- -- -.ran UI _r MN � MIME ......................M OM 1 1 T • .. (7 ■u •■u■ En no ..:.. ■ ■.I.... __�I■ '°- u __ ■.nom - I i ii r _ �� ii ■■ - --■ -.■. 1 - ■.■ :.■I K q T . 8.0' ( ±.5') " . 4 > 13.0 (*_. 5' ) v � - - d '� � p � �� # 9 g _.� s a a �8 � saA' � a =� a' & ��� $ g e r . s AA nk qq�, � f g i �3 s�9 q �! W m o w O ° C_, � -R� 8 9��fi• g ° S�� k —S g..ig 4' 57-2 -+ p -• _ '. ;.i x -I D 9 z � , Z S z eo � a _3 .4 ! i I ll ! i hi r 'II r Ii @ 3 ;i -' i • f $ 1 ill kr ,AR 6 i f s e g 9 8 g s g a" R 9 ° EXHIBIT B TO RESOLUTION • EXHIBIT A h te 01001,00 DI SCIIIV:,, O��O� t ODGmA�m a 101 u.r a 1M• 10 1 y M OLWI EEfEF SEE4E7tf ,ot•, xo M rrany:1 1 o, kl•d e ice0 ° Ka' .1 " "' f roi n81:a :t O(IIEIE Ea- ccoZrER;EQIUa 1x001 . • no .Iron 1°1111 500 the a er• al a 1 t • 1 00a t , use. [E"-3•EL.:.. 3- -24] -5 3 f3ifl 01n.r t oast. or f or Incar•of r, 111 or *m oves revel /l ff rr 4 x� p aG Q Q p (- •1{ 4 • , 1, 1,11, 1, "VIV,, 1,/r 0: 1.1a1 R o o af $ PI- M ° n a " r B o b g y m —I ° knit% ' I /% _ 1 -1 S uiR Z A , �' • to Vi � i, � , 4 , R i s g R 3 . m ° P 1 11 Iv �� 9 j,'I OXII VMS 4 I'M d c. 8° R *by g * 1 1 a c�;: ° n A Y.. °• It• 41r4 1 Ri lki y m U b u N: h? wr m :i @ R +i� �d W R ye �p(g RW R�.a 7714 Y•44111 �"._, „ --- II 41, 09 I 44 g :1 e C Q i p P. N � n ON _6 - $ I 4 I$ N R r p r $ g SR SR � _I .r" $ �� 5 P .� j am $ 8 9k a $ Q � Q " ��� $gg 4 _. � J_L - — R'I x 4� RIllll = o ° ° — Q g�, �' 14' 1410, 0 1 'f t s ti la : n u N 9 m 9 Gp • •.� . 11111 12 ; 4 aag i n ? 62 um � I s 111f1 Q8 a s o c 11C 5 IP 'a cg v s•. ' p{ 4, ' m 1$ wi i'• a4 • i 0 ! 9,-4 IN N .g3 4 = I- ® t a iR -RR z R� hill B � ���� ; CN.... ,- ; 4 m o iM y o � i .1g 6.4.8 R. z p 11/11 1= g 11111111C111111 _ z o.. a q ; 0 . . 0 11111 a WWI 1111E1 QQ i n z-- E k R - . g 9 R a- 1 ° :', �I im — O ' zm a R 4 "� R w � � Ra N' e 0 z Oor t'� R a 3" R x 4n i V ' em u ° , , 9 • �• , Rppa% g Ii -'l mH`� F� " 7 S b S _ . ° 3 a LAM? I o i # R P 4R $ a s !} m LA EXHIBIT B TO RESOLUTION . .__..__._.._................. EXHIBIT A ) ) • OO4•,, 1,.. tl /If- lWll! \Ib \l1 Hm am. e4.t0-44) PIO. QI •IA4'}00114131 I01(44'14141l14.4en 4 lete414 be . i __.. a t t • 3 n o m HCREMAN OA 5, a o e E 0 'g � 0 P ; 4PP. u r: g NY • Otio yti 8r� gg �^ p 0$$8 " "� ^g8 o i8g o � � ' q g1 h0a1.a �cc «'7m1 - e of m 9 o F Fn N i� �b 1I ) F', 4 a Q 31 (1 /1 tl + "yy e4 ,A A p 01 O „.-.. y9`ry O A k 'm 4R i ..s t • -\'at i� i+ a ; *IN VA .,-' / , 8 . u S -I V^ �Nrt aa' m m 1• c a eg m l / 61484 pp , t o, t v rantt '`� • n ti ., o '' — ( ,� lo w F } S p1 Y Dino 0 / 00 • • F . . ' 7• -1 war a �. N r � /. � ',, 0 ibf i 22G g S aSa> S /.." c ' ' ..---'' i0 .' 4 �. S � • F- -I / ° : FA a F IP `j log „ a t Y7,Si / f+ IN ? j s4 0 0 A / P. \ 'O i ;>.\ 0 )4dt NV • hRhk /4. t " �\ 3 0 2 Y t t; ro 1 v 4110,4,,. E" " am EXHIBIT B TO RESOLUTION EXHIBIT A � ) De *.45:115- 5Vi.,r4lcni.ir,c2Y.a01, m 5. a -4o, n, 30.2E, 22, 25, .o e, 24.22) r�e,nQ O, v4r - lo;, �.�i� rWtOl •nu�r. ti.. ern M2210221,22 ® Q g N 1 "' t ° i 9 N 1! I ! IA i 44 /'0 c 'g'` {$ 6ef MATCH B r 0f 1li / ✓ /r `/ g o N I 1� `, , r /,' , �W / / , / / , , r 1 I r t ��s,, ��, / 1 to $c.,2 ; "Itiki t Et0 1 e . ' / , 3 s I �b� I k 1 �s� rj 1 ' ' l 1 s $ -.,,,�}, NMI_ ' n< 1 0449 1;, / % I tip, . 4 y 1 l rb,y /; I ' , I i 4,1 1, I / ; ! '�I pp $ c I. 1 u, 1 1S r xl I ! 1 �. L tl i _L 1 ' .. 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I 1 ' • , , .: , l` •. --r�� •� • .' • s '' • . . l • \...• 1 1 1 •1 i •t. •• S 'Hij f 3f / ill r ^� I ® _ d s 11 l � 1 a, � IB �I •I " ® � � a 1 �1 111{ io 3 1, i II .l I La 4 � r1 ; 1 a 1 I ¢I I oz i � g I 1 1 . h i is 9 b i 13 I� i ( I I i Vic n m. CAMPUS VILLAGE i " E ��� Klmle Nora W, EROSION CONTROL PLAN PHASE IA 3 � ® ® I1 and Associates Inc. C ORAZO3 COUNTY.TEXA3 ti ' L EXHIBIT B TO RESOLUTION . EXHIBIT A 6 P Z W NN NNN•J �1 W bW N O I, g 11 0 rrfr F Y a c w w, o AA* oY aai* * oa5 Q AAA• ic�In - 'U 'n-i na v 4° � ri 0 ;40,R.R. R � ' XO o O .p 4 N 5 w^ a n' N c c c N N s 1 N N , 5 `: w �, Gf �� �,Q LnTpWRTP, ,3ro•oT m'm'm 'm'mo° , 0,z•z ,°tRg Oa 0 o f4ga 6 vv - o v a o o` 4 `8 0 s @ � O a m � • N m �_g�� yA��� 31g9RdQ °mcg g 'ern v ». a 2 w w D �° » maces a N N :� (#) _ z - m 3° EI c V HIUII �Sp .n;aa�?i'w� a �t• :i -O c^ a In N 0 C _HT•, : g w 5 y C d 0 7g a1 �f 'i V Y 1 (� �m� ^ p p a , a �n qF7 v {p �1 O tp � -5? A `•° •gyp n ACC C s. 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J O o 9 iYF y � 1 2m! _e. i \ o� � n� � ,, I G EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of College Station, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227; and 361, authorize the State „to lay out, construct, maintain, and operate a system of streets, road s, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, Commission Minute Order Number 111335 authorizes the State to undertake and complete a highway improvement generally described as the construction of a highway - railroad grade separation; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the construction of a left-turn lane on FM 2818 at its intersections with the temporary Campus Village construction entrance and the Woodlands south driveway, 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 Local Government do agree asfollows: 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 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. 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. AFA -AFA VoITIP Page 1 of 7 Revised 02/10/10 EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A I n 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. 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. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund," The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow ,account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. 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. Article 4. Adjustments Outside the Project Site 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 5. 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. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State 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 government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA- AFA_VoITIP Page 2 of 7 Revised 02/10/10 Now EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (171 Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A Article 7. 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. Article 8. 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 9. Increased Costs In the event it is determined that the funding provided by the ernment will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional L cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the rea for the needed additional funds. The Local Government 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 Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall apply in the event changed site conditions are discovered or as mutually agreed upon • by the State and the Local Government. If any existing or future local ordinances; commissioners court orders, rules, policies, or other directives, including; but not limited, to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if 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 government. The cost of providing right of way acquired by the St shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related:to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance • Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unles' otherwise specified in Attachment A to this agreement. Article 11. 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. AFA -AFA VoITIP Page 3 of 7 Revised 02/10/10 w EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A If the agreement 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. • 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. Article 12. 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: Mr. Glenn Brown Robert A. Appleton, P.E. City Manager Director of Transportation Planning City of College Station and Development P.O. Box 9960 Texas Department of Transportation College Station, Texas 77842-9960 1300 North Texas Avenue Bryan Texas 77803 -2760 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. Article 13. 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 14. 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 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, L to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA- AFA_VoITIP Page 4 of 7 Revised 02/10/10 EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. 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. L C: - • a � f AFA- AFA_VoITIP Page 5 of 7 Revised 02/10/10 EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A 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. By Date District Engineer THE LOCAL GOVERNMENT Name of the Local Government City of College Station By Date Typed or Printed Name and Title Nancy Berry, Mayor. City of College Station ATTEST: Connie Hooks, City Secretary Date APPROVED: City Manager Date City Attorney Date Chief Financial Officer Date AFA- AFA_VoITIP Page 6 of 7 Revised 02/10/10 Ned EXHIBIT B TO RESOLUTION CSJ: 2399 -01 -022 EXHIBIT B District: Bryan (17) Code Chart 64: City of College Station (09050) Project: STP 2008(683)RGS CFDA: N/A ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will pay for the cost of the construction of a left -turn lane on FM 2818 at its intersections with the temporary Campus Village construction entrance and the Woodlands south driveway, which are on- system locations. This work may include, but is not limited to, the cost for all temporary pavements, signs, pavement markings and markers. The Local Government's participation is 100% of the cost of this particular improvement. The Local Government's estimated cost of this additional work is $ TBD, which includes the State's direct cost for construction items, the costs of necessary maintenance of those items, and construction engineering and contingencies. The State's contractor will construct the work. The State has estimated the project to be as follows: Description Total State Local Estimate Cost Participation Participation % Cost % Cost Construction of Temporary Pavement $0 0% $0 100% $0 Construction of Pavement Markings $0 0% $0 100% $0 and Markers Construction of Signs $0 0% $0 100% $0 Subtotal $0 $0 $0 Direct State Costs (including g p lan review, $0 100% $0 construction inspection ¶0 0% and oversight) Indirect State Costs $0 0% $0 100% $0 TOTAL $0 $ 0 $0 Direct State Costs are estimated at 12 percent of the estimated construction cost. Indirect State Costs are estimated at 5.86°/c; of the estimated construction cost. Local Government's Total Estimated Participation (100 %) = $ TBD It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. AFA- AFA_VoITIP Page 7 of 7 Revised 02/10/10