R-03-09-25-14B2 - 9/25/2003RESOLUTION NO. R -03-09-25-14B2
WHEREAS, the City of Round Rock has previously entered into an
Advance Funding Agreement ("Agreement") with the Texas Department of
Transportation ("TxDOT") for the North Mays Street sidewalk
construction project ("Project"), and
WHEREAS, the City Council desires to enter into Amendment No.
2 to the Agreement with TxDOT to transfer administration of the
construction phase of the Project from TxDOT to the City of Round Rock,
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. 2 with
TxDot, a copy of said Amendment No. 2 being attached hereto 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, and the Act.
RESOLVED this 25th day of September, 2003.
R
WELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr
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DATE: September 19, 2003
SUBJECT: City Council Meeting - September 25, 2003
ITEM: *14.6.2. Consider a resolution authorizing the Mayor to execute
Advance Funding Agreement Amendment No. 2 with the
Texas Department of Transportation for the North Mays
Sidewalk Construction Project.
Resource: Tom Word, Chief of Public Works Operations
David Bartels, Transportation Project Manager
History: The City Council through Resolution R -97-06-26-10D authorized the
City of Round Rock to enter into a funding agreement with the Texas
Department of Transportation for the construction of sidewalks along
North Mays Street from Texas Avenue to Old Settlers Blvd.
Additionally, the City Council through Resolution R -99-10-28-10E1
authorized the City of Round Rock to amend the agreement, Advance
Funding Agreement Amendment No. 1, to remove the federal funding
expiration limit. Federal funds are approved in the amount of
$80,000.00 (maximum). The total project cost is estimated at
$195,000.00. The advance funding agreement amendment transfers
responsibility for the administration of the construction phase of this
project from the Texas Department of Transportation to the City of
Round Rock.
Funding:
Cost: No Additional Cost
Source of funds: N/A
Outside Resources: Texas Department of Transportation
Impact/Benefit: This project will improve the mobility and safety of
pedestrians on North Mays Street.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
County: Williamson
CSJ: 0015-16-016
Highway: BI 35-L
ADVANCE FUNDING AGREEMENT
AMENDMENT # 2
rz_
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 Govemment.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 29th day of August, 1997 to effectuate their
agreement to construct sidewalks on Texas Avenue to Old Settlers Boulevard in the City of Round Rock, Texas; and,
WHEREAS, the State and the Local Government executed Amendment No. 1 on the 23nd day of May, 2000 to remove the
federal funding expiration limit; 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
1. Outside Entity has been replaced with Local Government.
2. Clarification of Section 6. Construction Responsibilities. The Local Government shall be responsible for the
Construction Phase of this Project. The Local Govemment shall advertise for construction bids, upon final
approval by the State and issuance of a letter of authority. The Local Govemment shall follow the competitive
bidding process utilizing procedures previously approved by the State. The Local Govemment and State shall
comply with all federal and state regulations. If the Local Govemment shall elect to use local forces for any portion
of the Project, the Local Government shall submit a public interest statement to the State as required by federal
regulations.
3. Payment Provisions — The Project Costs are estimated at $195,000.00. The federal funds are approved at
$80,000.00 (maximum). The. Local Government shall be. responsible for the remaining costs to complete the
Project. The Local Governmen(ill be responsible for a 20% matchto the federal funds. however7aarees to fund
a minimum of 51% of the project costs to allow for administration of the construction phase of this Project.
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.
AFA — AFAAmend Page 1 of 2
03- 06) 1413i
County:
CSJ:
Highway:
Williamson
0015-16-016
BI 35-L
effectuate this agreement.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
THE LOCAL GOVERNMENT
By:
y ►May' vvt,Ij
Printed Name
M cr
Title
-Z5 U3
Date
AFA — AFAAmend
By:
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.
Date:
Janice Mullenix
Director of Contract Services
Office of General Counsel
Texas Department of Transportation
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