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R-05-08-30-5A1 - 8/30/2005 RESOLUTION NO. R-05-08-30-5A1 WHEREAS, the City of Round Rock has previously entered into an Advance Funding Agreement ( "Agreement" ) with the Texas Department of Transportation ("TxDOT") for the relocation of utilities on US 79 from east of FM 1460 to west of FM 1460 more specifically described as from C.R. 195 to 1500 ' west of FM 1460 project ( "Project") , and WHEREAS, by Resolution No. R-02-07-25-14F5, the City Council approved the Agreement, and WHEREAS, the City Council desires to enter into Amendment No. 1 to the Agreement with TxDOT for the relocation of utilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Advance Funding Agreement Amendment No. 1 with TxDot, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 30th day of August, 2005 . ®Pmesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50830A1.WPD/MC ALAN/ C&P-ALLr , Mayor PRO-T6m City of Round Rock, Texas A ST: CHRISTINE R. MARTINEZ, City Secr ary 2 "K Project Williamson EXHIBIT CSJ: 0204-01-049 Project No: STP 2002(662) STATE OF TEXAS § Location: US 79: FM 1460 to CR 195 COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT ORIGIML AMENDMENT# 1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Round Rock, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on February 15, 2002 to effectuate their agreement to construct the widening of a 4-lane undivided roadway to a 4-lane divided roadway on US 79 from FM 1460 to CR 195; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Attachment A. Article 5B. Sentence is voided in its entirety and replaced with: The Engineering plans shall be developed in accordance with the Roadway Design Manual, the current edition of Standard Specifications for Construction and Mainenance of Highways, Streets. and Bridges and the Texas Accessibility Standards. Attachment A. Article 6A. Second sentence is voided and is replaced by the following: All PS&E and plans for utility relocations must be completed and approved by the State prior to the Project being advertised for bids. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF,THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Name of Local Government Commission for the purpose and effect of activating and/or carrying out the orders, By: established policies or work programs Signature heretofore approved and authorized by the Texas Transportation Commission. Printed Name By: Name Title Title Date Date AFA—AFAAmend Page 1 of 1 EXECUTED DOCUMENT FOLLOWS County: Williamson CSJ: 0204-01-049 Project No: STP 2002(662) Location: US 79: FM 1460 to CR 195 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT ts AMENDMENT#_1_ THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Round Rock, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on February 15, 2002 to effectuate their agreement to construct the widening of a 4-lane undivided roadway to a 4-lane divided roadway on US 79 from FM 1460 to CR 195; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Attachment A. Article 5B. Sentence is voided in its entirety and replaced with: The Engineering plans shall be developed in accordance with the Roadway Design Manual, the current edition of Standard Specifications for Construction and Mainenance of Highways, Streets, and Bridges and the Texas Accessibility Standards. Attachment A. Article 6A. Second sentence is voided and is replaced by the following: All PS&E and plans for utility relocations must be completed and approved by the State prior to the Project being advertised for bids. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT THE STATE OF TEXAS C'TV O c D Executed for the Executive Director and r QRapproved for the Texas Transportation N m L cal Government Commission for the purpose and effect of activating and/or carrying out the orders, By: established policies or work programs Signature heretofore approved and authorized by the Texas Transportation Commission. Printed Name By: ce yOM �,00-76m Jani e Mullenix Director of Contract services Title Office of General Counsel 8, �j O , O� Title Jfa6�-) C G Date Date AFA—AFAAmend Page 1 of 1 - o'5 -C%- © •5!q I