Res 2006-096 - Laserfiche WebLink

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TxDOT Contract No. PT 2005-001-01 and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary after the award of the construction contract. The bidding process must be competitive and must comply with all applicable federal and state laws. The Project must be authorized by the Department before it is advertised for letting. The Project must also be authorized by FHWA before it is advertised for letting. b. The Developer has the responsibility of overseeing all construction operations, including the responsibility of ensuring that all environmental permits, issues, coordination, mitigation, and commitments are adequately addressed, of assessing potential environmental effects of contract revisions, and of obtaining environmental permits, issues, coordination, mitigation, and commitments that may be required by contract revisions. The Developer shall hire a third party firm, approved by TxDOT Austin District, to provide independent QA/QC during construction. Contract revisions shall comply with the latest version of all national and state administrative criteria and manuals. No contract revision may be made without the prior written approval of the Department's executive director if it would affect prior environmental approvals, significantly revise the scope of the Project or the geometric design, or change the cost to the Department. Procedures governing approval are contained in Attachment D. c. When the Project is complete, the Developer shall issue and sign a "Notification of Completion" acknowledging the Project's construction completion. Within six months after the Project is complete, the Developer shall file with the Department a set of as- built plans that incorporate any contract revisions. These plans shall be signed, sealed, and dated by a professional engineer licensed in Texas, who shall certify that the Project was constructed in accordance with the plans and specifications. d. The parties to this agreement shall 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. e. The Department may audit the construction process at any time to ensure that the Developer is complying with this agreement and that the Developer is providing adequate inspection of construction. The Department may conduct its own inspection of construction at any time. 10. Maintenance The Department shall be responsible for maintenance of the Project after completion of the work. 11. Repayment a. The Department shall reimburse the Developer by paying an annual amount equal to $0.15 for each vehicle-mile traveled on the Project during the previous year. The annual reimbursement will be no less than $3,030,000.00 and no more than $6,060,000.00. Under no circumstances will the total payments under this article during the course of this agreement exceed $60,600,000.00 unless this agreement is amended. b. The number of vehicle-miles traveled on the Project during a year will be based on the Department's traffic estimates, which shall be derived from a mutually agreed upon counting method and performed in good faith and shall be conclusive and not subject to litigation in any forum. Page 5 of 10