R-08-12-18-7E1 - 12/18/2008RESOLUTION NO. R -08-12-18-7E1
WHEREAS, the City of Round Rock ("City") has previously
entered into an Advance Funding Agreement ("Agreement") with the
Texas Department of Transportation ("TxDOT") for the box culverts at
RM 620 and the Round Rock Hospital ("Project"), and
WHEREAS, by Resolution No. R -00-11-21-10C2, the City Council
approved the Agreement, and
WHEREAS, the City Council desires to enter into Amendment No.
1 to the Agreement with TxDOT to void Payment Provisions in its
entirety and replace with Attachment A-1 Payment Provisions, 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.
0:\WDO%\RESOLUTI\R81218E1.DOC/rmc
RESOLVED this 18th day of December, 2008.
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
STATE OF TEXAS §
COUNTY OF TRAVIS §
a
as
EXHIBIT
��ATt
CSJ #0683-01-060
District # 14
Code Chart 64 #36750
RM 620 at Round Rock Hospital
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
ttORIGINAL
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 December 14, 2000, to effectuate their
agreement to install a box culvert on RM 620 in the vicinity of the Round Rock Hospital; and,
WHEREAS, a dispute has arisen between the parties regarding the Local Government's obligations; and
WHEREAS, the parties desire to settle that dispute;
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
The Local Government has contributed a fixed amount of $658,952.30 towards the total project cost to include
construction bid items, construction engineering and State Direct costs. Any additional costs required to complete the
project shall become the responsibility of the State.
Therefore Payment Provisions is voided in its entirety and replaced with Attachment A-1 Payment Provisions contained
herein.
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
City of Round Rock
Name of Local Government
By:
Signature
Printed Name
Title
Date
AFA—AFA Amend
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:
Name
Title
Date
Page 1 of 2 Revised 11/09/05
CSJ #0683-04-060
District # 14
Code Chart 64 #36750
RM 620 at Round Rock Hospital
Attachment A-1
Payment Provisions
The Local Government has provided the plans, specifications and estimates required to construct a
box culvert across RM 620 at the Round Rock Hospital. The Project costs will be fixed at
$658,952.30 including construction bid items, construction engineering and inspection, and Direct
State Costs.
Description
Construct Box Culvert
Construction En • ineerin •
Total
Estimate Cost
$716,135.46
$47,564.85
State
Partici • ation
Cost
$126,329.92
$0
Local
Partici • ation
Fixed
Fixed
Cost
$589,805.54
$47,564.85
Direct State Costs
(Including plan review)
Indirect State Costs (no
local participation required
exce • t for service • ro.ects
TOTAL
$21,581.91
$0
$785,282.22
0%
$0
0%
$0
$126,329.92
Fixed
$21,581.91
$0
$658,952.30
A check in the amount of $658,952.30 has been received from the Local Government toward the
Direct Costs of the Project.
AFA—AFA_Amend
Page 2 of 2 Revised 11/09/05
DATE: December 11, 2008
SUBJECT: City Council Meeting — December 18, 2008
ITEM: 7E1. Consider a resolution authorizing the Mayor to execute an Advance
Funding Agreement Amendment #1 with the Texas Department of
Transportation for the box culverts at RM620 and the Round Rock
Hospital.
Department:
Staff Person:
Transportation Services
Tom Martin, P.E., Director of Transportation Services
Justification:
Because the actual cost of construction of the box culverts under RM 620, in the amount of
$716,135.46, exceeding the original amount of $588,149.04 remitted by the City at the time of
project award, the Texas Department of Transportation (TxDOT) had previously requested that
the City pay the difference in the amount of $126,329.92. This request was in accordance with
the provisions of the Advance Funding Agreement (AFA) approved by the City Council in
November, 2000. Due to problems with the construction of the project which resulted in the
project not being in accordance with the project plans, TxDOT has opted in paying the
$126,329.92. This action requires the execution of Amendment No.1 to the original AFA.
Funding:
Cost: ($126,329.92)
Source of funds: TxDOT
Outside Resources: TxDOT
Background Information:
In November 2000 City Council approved an Advance Funding Agreement with TxDOT for the
construction of box culverts under RM 620 in the vicinity of the Round Rock Medical Center.
This agreement totaled $338,000.00. In March 2005, at the time of the Award of Bid of this
project, the low bid was $589,805.54, which the City paid. When the construction was
completed by State's contractor, Dayco Construction, in October 2007, the final cost of
construction had increased to $716,135.46. In June 2008, TxDOT requested the City to fund the
difference of $126,329.92
Because the construction was not completed in compliance with the project plans, the City
requested TxDOT to force the contractor to take the necessary steps to correct the deficient
construction. However, the contractor had gone out of business and TxDOT could find little or
no way to have the work corrected. As an alternative, TxDOT is offering the proposed
Amendment to the original AFA.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #0683-01-060
District # 14
Code Chart 64 #36750
RM 620 at Round Rock Hospital
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
ORIGINAL
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 December 14, 2000, to effectuate their
agreement to install a box culvert on RM 620 in the vicinity of the Round Rock Hospital; and,
WHEREAS, a dispute has arisen between the parties regarding the Local Government's obligations; and
WHEREAS, the parties desire to settle that dispute;
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
The Local Government has contributed a fixed amount of $658,952.30 towards the total project cost to include
construction bid items, construction engineering and State Direct costs. Any additional costs required to complete the
project shall become the responsibility of the State.
Therefore Payment Provisions is voided in its entirety and replaced with Attachment A-1 Payment Provisions contained
herein.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT THE STATE OF TEXAS
Executed for the Executive Director and
City of Round Rock approved for the Texas Transportation
e of Local Government Commission for the purpose and effect of
activating and/or carrying out the orders,
By: established policies or work programs
Signature heretofore approved and authorized by the
Texas Trans ortation Commission.
Moto iAAG 1/4/
Printed
Oes
Title
Date
Q.- V.-($
AFA—AFA Amend
tk
.7 ROBERT B. 5M1-1, P E.
AUSTIN :.7. ,, °,
1/1 Z/07
Title
Date
Page 1 of 2 Revised 11/09/05
CSJ #0683-04-060
District # 14
Code Chart 64 #36750
RM 620 at Round Rock Hospital
Attachment A-1
Payment Provisions
The Local Government has provided the plans, specifications and estimates required to construct a
box culvert across RM 620 at the Round Rock Hospital. The Project costs will be fixed at
$658,952.30 including construction bid items, construction engineering and inspection, and Direct
State Costs.
Description
Total
Estimate Cost
State
Participation
Local
Participation
OA
oda
Cost
Ok
Cost
Construct Box Culvert
Construction Engineering
$716,135.46
$47,564.85
$126,329.92
$0
Fixed
Fixed
$589,805.54
$47,564.85
Subtotal
$716,135.46'
$126,329.92'
$637,370.39
Direct State Costs
(Including plan review)
$21,581.91
$0
Fixed
$21,581.91
Indirect State Costs (no
local participation required
except for service projects)
$0
0%
0%
$0
$0
TOTAL
$785,282.22
$126,329.92
$658,952.30
A check in the amount of $658,952.30 has been received from the Local Government toward the
Direct Costs of the Project.
AFA—AFA_Amend
Page 2 of 2 Revised 11/09/05