R-09-05-14-9G6 - 5/14/2009RESOLUTION NO. R -09-05-14-9G6
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 relocation of
water and wastewater lines on FM 1460 (A.W. Grimes North)
("Project"), and
WHEREAS, by Resolution No. R -09-01-22-9F2, 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 Attachment A in its entirety
and replace with Attachment A-1, 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
Resolution and the
and formally acted
subject matter hereof
upon, all as required
times during which this
were discussed, considered
by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0:\wdox\SCClnts\0113\o9os\MONICIPAL\R9o514G6.noc/rmc
RESOLVED this 14th day of May, 2009.
ATTEST:
Mme'
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: W&WW relocation on Kiphen Rd
CFDA # N/A
EXHIBIT
ltAll
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
o ®RIGI
Rot
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 January 30, 2009, to effectuate their agreement
to fund 100% of W&WW relocation on FM 1460; 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
The water and wastewater relocations to be funded 100% by the Local Government were inadvertently shown to be along
FM 1460. It has become necessary to update the limits of the Project to more accurately reflect the location of the work to
be funded 100% by the Local Government. Therefore, Attachment A of the original contract is void in its entirety and
replaced with Attachment A-1 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
Name of Local Government
By:
Signature
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.
Printed Name By:
Name
Title
AFA—AFA Amend
Title
Date Date
Page 1 of 4 Revised 10/23/08
ATTACHMENT A-1
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of the water and wastewater relocations on the realignment of (CR 113) Kiphen
Road which is included in the construction of FM 1460 under State Identifer CSJ 2211-02-015. 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 $233,955, including construction items, construction engineering and inspection, Direct and Indirect Costs. The
State has estimated the project to be as follows:
Description
Total
Estimate Cost
Local
Participation
Cost
•
Water and Wastewater
Relocation
$216,676
100%
$216,676
Subtotal
$216,676
$216,676
Direct State Costs
(including plan,review,
inspection and oversight)
3%
$6,500
$6,500
Indirect State Costs (no
local participation required
except for service projects)
4.83%
$10,779
$10,779
TOTAL
$233,955
$233,955
Direct State Cost will be based on actual charges.
Local Government's Participation (100%) = $233,955
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 Amend
Page 2 of 4 Revised 10/23/08
Work Responsibilities
The water facilities shall be owned, operated, and maintained by the Local Government prior to and after completion and
final acceptance by the State and the Local Government. The parties agree that required installation of pipe and its
appurtenances shall be funded by the Local Government and constructed by the State. The costs of remediation of any
contamination attributable to the Local Government's facilities encountered during construction shall be borne by the Local
Government.
1. Local Government Responsibilities
The Local Government shall perform the following:
a) Engage the services of a Texas Registered Professional Engineer to prepare drawings and technical
specifications for the construction of the water improvements and to provide construction engineering
services for same;
b) Provide for right of way or easements for any work to be performed off State right of way. The Local
Government is responsible for the identification and assessment of any environmental problems
associated with the development of a local project governed by this Agreement. The Local Government is
responsible for the preparation of the appropriate NEPA documents required for the environmental
clearance of the water improvements that are outside of the limits of the approved Categorical Exclusion
for the roadway project. Preparation and coordination of the environmental documentation shall be
through the TxDOT Austin District Environmental Coordinator at (512) 832-7168. The Local Government
shall provide the State with written documentation from appropriate regulatory agency(ies) that identified
environmental clearance have been obtained, prior to the State beginning work on the water line
relocation. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation;
c) Obtain Texas Commission on Environmental Quality (TCEQ) approvals for construction of water line
relocation. Inspect, test and report test results on the water line to TCEQ in accordance with State
requirements;
d) Arrange and coordinate with the contractor, materials and equipment testing, reject all work not
conforming to minimum requirements of the construction contract documents and advise the engineer and
the State, of work that the Local Government determines should be corrected or rejected;
e) Arrange and observe with the contractor all acceptance testing (including without limitation, pressure
testing, pump start up, bacteriological testing, etc) and notify the State and the engineer of the conduct of
same;
f) Notify the State and the engineer of defects and deficiencies in the work and observe actions of the
contractor to correct such defects and deficiencies;
Maintain the Local Government's daily construction inspection reports, a quantity list, and additional or
revised drawings for the water line improvements;
h) Prepare certificate of substantial completion of the water line improvements for Project Engineer
concurrence and submit to the contractor a list of observed items requiring completion or correction; and,
i) Coordinate the water line improvements with the State's Engineer.
g)
2. State's Responsibilities:
a) Include the water line relocation within the State's construction project, designated as CSJ 2211-02-015;
b) Review and approve the final construction plans prior to any construction -related activities. In order to
ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising
for construction.
c) Advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and
administer the contract for construction of the Project.
AFA—AFA Amend
Page 3 of 4 Revised 10/23/08
d) Obtain all required State and Federal permits, consents, TCEQ Water Pollution and Abatement Plan
approvals, inspections, tests, and authorizations necessary for construction completion except for those
required by the Local Government;
e) Include in the construction contract general conditions of contract including, without limitation, those
regarding insurance and bonding requirements;
f) Include in the construction contract general conditions of contract including, without limitation, those
regarding warranties, insurance, and bonding requirements. The State shall also secure from the
contractor selected a certificate of insurance evidencing that the Local Government has been designated
as an additional insured with respect to all liability coverages in accordance with the usual stipulations of
the State's standard general conditions; and,
Assign to the Local Government all guarantees, maintenance bonds, or like assurances of performance
applicable to the Project, after final acceptance of the Project by the State and the Local Government.
h) Administer all change orders required for the Project. All change orders increasing construction contract
costs for the Local Government's Project shall be submitted to the Local Government for review and
approval together with an evaluation. The Local Government agrees to review and either approve or
disapprove all change orders within five (5) business days after receipt of such order unless
Commissioner Court approval is necessary, in which case the Local Government shall bring the item to
Commissioner Court as soon as reasonably possible.
i) Provide overall project management to supervise the day-to-day activities of the construction and monitor
the activities of the contractor to promote the timely and efficient completion of the Project in accordance
with the approved Plans and Specifications and construction schedule;
j) Conduct field observations and coordinate with Local Government inspectors and the contractor to cure
defects and deficiencies in the construction prior to final acceptance;
k) Make timely payment to the contractor for work performed in connection with the Project;
I) Ensure access and permit the Local Government's inspectors and other authorized representatives to
inspect the construction at all times during the construction;
m) Conduct and coordinate final inspection of the Project in the presence of the Local Government's
Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor
correction of same; and,
g)
n) Maintain the job file.
3. Ownership of Facilities
From, and after the time of final completion and acceptance by the Local Government, the Local Government shall
own, operate and maintain same. The State agrees to execute and deliver to the Local Government such bills of
sale, assignments or other instruments of transfer requested by the Local Government, if deemed appropriate by
the State. The Local Government agrees that its final acceptance of the Project shall not be unreasonably delayed
or denied.
AFA—AFA Amend
Page 4 of 4 Revised 10/23/08
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 9G6. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to
the Advance Funding Agreement with the Texas Department of Transportation
for the relocation of water and wastewater lines on north A.W. Grimes
Boulevard (FM 1460).
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, P.E., Chief of Public Works Operations
This amendment corrects the costs associated with the water and wastewater utility lines located within
the Kiphen Road project limits from FM 1460 to the Missouri, Kansas, Texas right-of-way, which is
included in the FM 1460 roadway construction project from US 79 and Old Settlers Boulevard. The
correction results in a cost reduction of $337,788.
Funding:
Cost:
Source of funds:
Outside Resources:
($337,788.00)
Round Rock Transportation Development Corporation (4B Corporation)
Texas Department of Transportation
Chaing, Patel and Yerby, Inc.
Background Information:
On January 22, 2009, the City Council approved Resolution R -09-01-22-9F2 authorizing the Mayor to
execute of an Advance Funding Agreement with the Texas Department of Transportation for the
relocation of water and wastewater lines on FM 1460 (A.W. Grimes North) in the amount of $571,743.
The work identified in the funding agreement will be performed as a part of the Old Settlers Boulevard
and FM 1460 intersection realignment, which is included in TxDOT's project to widen FM 1460 from Old
Settlers Boulevard to US 79.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: W&WW relocation on Kiphen Rd
CFDA # N/A
ADVANCE FUNDING AGREEMENT
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 January 30, 2009, to effectuate their agreement
to fund 100% of W&WW relocation on FM 1460; 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
The water and wastewater relocations to be funded 100% by the Local Government were inadvertently shown to be along
FM 1460. It has become necessary to update the limits of the Project to more accurately reflect the location of the work to
be funded 100% by the Local Government. Therefore, Attachment A of the original contract is void in its entirety and
replaced with Attachment A-1 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
6ifyo 4C.{ r*
Name of Local Government
By:
Signature
AlAi/1A/I C VA/
Printed Name V'
Mare -
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
rtation Commission.
Texas Trans
By: 7�
s
—r/.1 -4L,/
Name
/itQ�'
7A,
7
Llate
Page 1 of 4 Revised 10/23/08
ATTACHMENT A-1
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of the water and wastewater relocations on the realignment of (CR 113) Kiphen
Road which is included in the construction of FM 1460 under State Identifer CSJ 2211-02-015. 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 $233,955, including construction items, construction engineering and inspection, Direct and Indirect Costs. The
State has estimated the project to be as follows:
Description
Total
Estimate Cost
Local
Participation
%
Cost
P
Water and Wastewater
Relocation
$216,676
100%
$216,676
Subtotal
$216,676
$216,676
Direct State Costs
(including plan review,
inspection and oversight)
3%
$6,500
$6,500
Indirect State Costs (no
local participation required
except for service projects)
4.83%
$10,779
$10,779
TOTAL
$233,955
$233,955
Direct State Cost will be based on actual charges.
Local Government's Participation (100%) = $233,955
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_Amend
Page 2 of 4 Revised 10/23/08
Work Responsibilities
The water facilities shall be owned, operated, and maintained by the Local Government prior to and after completion and
final acceptance by the State and the Local Government. The parties agree that required installation of pipe and its
appurtenances shall be funded by the Local Government and constructed by the State. The costs of remediation of any
contamination attributable to the Local Government's facilities encountered during construction shall be borne by the Local
Government.
1. Local Government Responsibilities
The Local Government shall perform the following:
a) Engage the services of a Texas Registered Professional Engineer to prepare drawings and technical
specifications for the construction of the water improvements and to provide construction engineering
services for same;
b) Provide for right of way or easements for any work to be performed off State right of way. The Local
Government is responsible for the identification and assessment of any environmental problems
associated with the development of a local project governed by this Agreement. The Local Government is
responsible for the preparation of the appropriate NEPA documents required for the environmental
clearance of the water improvements that are outside of the limits of the approved Categorical Exclusion
for the roadway project. Preparation and coordination of the environmental documentation shall be
through the TxDOT Austin District Environmental Coordinator at (512) 832-7168. The Local Government
shall provide the State with written documentation from appropriate regulatory agency(ies) that identified
environmental clearance have been obtained, prior to the State beginning work on the water line
relocation. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation;
c) Obtain Texas Commission on Environmental Quality (TCEQ) approvals for construction of water line
relocation. Inspect, test and report test results on the water line to TCEQ in accordance with State
requirements;
d) Arrange and coordinate with the contractor, materials and equipment testing, reject all work not
conforming to minimum requirements of the construction contract documents and advise the engineer and
the State, of work that the Local Government determines should be corrected or rejected;
e) Arrange and observe with the contractor all acceptance testing (including without limitation, pressure
testing, pump start up, bacteriological testing, etc) and notify the State and the engineer of the conduct of
same;
f) Notify the State and the engineer of defects and deficiencies in the work and observe actions of the
contractor to correct such defects and deficiencies;
g) Maintain the Local Government's daily construction inspection reports, a quantity list, and additional or
revised drawings for the water line improvements;
h) Prepare certificate of substantial completion of the water line improvements for Project Engineer
concurrence and submit to the contractor a list of observed items requiring completion or correction; and,
i) Coordinate the water line improvements with the State's Engineer.
2. State's Responsibilities:
a) Include the water line relocation within the State's construction project, designated as CSJ 2211-02-015;
b) Review and approve the final construction plans prior to any construction -related activities. In order to
ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising
for construction.
c) Advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and
administer the contract for construction of the Project.
AFA—AFA Amend
Page 3 of 4 Revised 10/23/08
•
d) Obtain all required State and Federal permits, consents, TCEQ Water Pollution and Abatement Plan
approvals, inspections, tests, and authorizations necessary for construction completion except for those
required by the Local Government;
e) Include in the construction contract general conditions of contract including, without limitation, those
regarding insurance and bonding requirements;
f) Include in the construction contract general conditions of contract including, without limitation, those
regarding warranties, insurance, and bonding requirements. The State shall also secure from the
contractor selected a certificate of insurance evidencing that the Local Government has been designated
as an additional insured with respect to all liability coverages in accordance with the usual stipulations of
the State's standard general conditions; and,
g)
Assign to the Local Government all guarantees, maintenance bonds, or like assurances of performance
applicable to the Project, after final acceptance of the Project by the State and the Local Government.
h) Administer all change orders required for the Project. All change orders increasing construction contract
costs for the Local Government's Project shall be submitted to the Local Government for review and
approval together with an evaluation. The Local Government agrees to review and either approve or
disapprove all change orders within five (5) business days after receipt of such order unless
Commissioner Court approval is necessary, in which case the Local Government shall bring the item to
Commissioner Court as soon as reasonably possible.
i) Provide overall project management to supervise the day-to-day activities of the construction and monitor
the activities of the contractor to promote the timely and efficient completion of the Project in accordance
with the approved Plans and Specifications and construction schedule;
j)
Conduct field observations and coordinate with Local Government inspectors and the contractor to cure
defects and deficiencies in the construction prior to final acceptance;
k) Make timely payment to the contractor for work performed in connection with the Project;
I) Ensure access and permit the Local Government's inspectors and other authorized representatives to
inspect the construction at all times during the construction;
m) Conduct and coordinate final inspection of the Project in the presence of the Local Government's
Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor
correction of same; and,
n) Maintain the job file.
3. Ownership of Facilities
From, and after the time of final completion and acceptance by the Local Government, the Local Government shall
own, operate and maintain same. The State agrees to execute and deliver to the Local Government such bills of
sale, assignments or other instruments of transfer requested by the Local Government, if deemed appropriate by
the State. The Local Government agrees that its final acceptance of the Project shall not be unreasonably delayed
or denied.
AFA—AFA_Amend
Page 4 of 4 Revised 10/23/08