R-10-04-08-10F1 - 4/8/2010RESOLUTION NO. R -10-04-08-10F1
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A.,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Advance Funding Agreement for Voluntary Local Government
Contributions to Transportation Improvement Projects with No
Required Match ("Agreement") with the State of Texas, acting through
the Texas Department of Transportation regarding the FM 1460 Project
- north of Old Settlers Boulevard to north of U.S. 79, 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 said Agreement, 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 8th day of April, 2010.
bei
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
i/t.Qcte
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00187752.DOC/rmc
Texas .Department of Transportation
P.O DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512) 832-7000
March 5, 2010
Williamson County
FM 1460 Old Settlers to north of US 79
CSJ 2211-02-015
Change Order
David Bartels
Public Works_ Planning' & Programs Administrator
City of Round Rock •
2008 Enterprise Drive
•Round Rock, Texas • 78664
Dear 'Mr. Bartels:
Attached are two copies of an Advance Funding Agreement (AFA) for a city requested
change order on the above project. The Project consists of widening FM 1460 to a 4 -lane
facility with continuous left turn lane.
Please return the two signed and dated documents to my attention for final execution. A fully
executed agreement will be ;returned for your records.
if you have any questions, please contact me at (512) 832-7050.. 'Your assistance . is
appreciated.
Sincerely,
Attachments
......................................
....................
cc: :'JQhn Wagner, PE
Bill Stablein, City of Round Rock
atncia .. Cr e s We t, ,
Director of Design - AUS
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • iEXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
INCREASE THE, sN ASSETS
EXHIBIT
„A„
THE STATE OF TEXAS
THE COUNTY OF TRAVIS §
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
ADVANCE FUNDING AGREEMENT FOR VOLUNTAR
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and 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, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,'
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 108812 authorizes the State to undertake and
complete a highway improvement generally described as upgrade to a 4 -lane with continuous left
turn lane roadway facility; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said irnprovement by funding- that portion of the improvement described as the
construction of upgraded or replaced traffic signals and ancillary equipment at various locations along
FM 1460 from north of Old Settlers Boulevard to 0.4 miles north of US 79 in Round Rock, hereinafter
called the "Project'; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens'
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the' Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and'the State and the Local Government will consider it to be in full force
and effect until the Project described herein -has been completed and accepted by all parties or
unless terminated, as hereinafter -provided.
Article 2. Project Funding and. Work :Responsibilities
The State will authorize the performance of only those Project items of work which the Local
Government has requested and has agreed to pay for as described in Attachment A, Payment
Provision and Work Responsibilities which is attached to and made a part of this contract.
AFAAAFA_VoITIP Page 1 of 7
Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
In addition to identifying those items of work paid for by payments to the State, Attachment A,'
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
Prior to the construction of the Project the Local Government shall remit its financial share for the
construction costs and construction oversight.
In the event that the State determines that additional funding by the Local Government is required at
any time during the Project, the State will notify the Local Government in writing. The Local
Government shall make payment to the State within thirty (30) days from receipt of the State's written
notification.
Whenever funds are paid by the Local Government to the State under this Agreement, the Local
Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow
account to be managed by the State. Funds in the escrow account may only be applied by the State
to the Project. If, after final Project accounting, excess funds remain in the escrow account, those
funds may be applied by the State to the Local Government's contractual obligations to the State
under another advance funding agreement.
Article 3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities required
to execute the work.
Article 4.Adjustments Outside the Project Site
The Local Government will provide for all necessaryright-of way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes, specifications,
contract provision requirements and related documentation in a Microsoft Word or similar
document. If requested by the State, the Local Government will use the State's document template.
The Local Government shall also provide a detailed construction time estimate includin es of
tYP
activities and month in the format required by the, State. This requirement applies whethertheg local
government creates the documents with its own forces or by hiring a consultant or professional
provider. At the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
AFA-AFA_VoITIP
Revised 02/10/10
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities,
to this contract, the State will supervise and inspect all work performed hereunder and provide such
engineering inspection and testing services as may be required to ensure that the Project is
accomplished in accordance with the approved plans and specifications.' All correspondence and
instructions to the contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance
with the Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges adopted by the State and incorporated herein by reference, or special specifications
approved by the State.
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If
this is a fixed price agreement as specified in; Attachment A, Payment Provision and Work
Responsibilities, this provision shall only apply in the event changed site conditions are discovered or
as mutually agreed upon by the State and the Local Government.
If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage facility
requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed
changes, including but not limited to plats or replats, result in:increased costs, then any increased
costs associated with the ordinances or changes will be paid by the local; government. The cost of
providing right of way acquired by the State shall mean the total expenses in acquiring the property
interests either through negotiations or eminent domain proceedings, including but not limited to
expenses related to relocation, removal, and adjustment of eligible utilities.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise provided for in existing maintenance agreements with the Local
Governrnent.
Article 11. Termination
This agreement may be terminated in the following manner
• by mutual written agreement and consent of both parties;
• by either party upon the failure of the other party to fulfill the obligations
by the State if it determines that the performance of the Project is not in
State.
AFA-AFA. VoITI P
set forth herein;
the best interest of the
Page 3 of 7 Revised 02110/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of` Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
Article 12. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the following addresses:
Local Government:
State:
Mayor Director of Contract Services
City of Round Rock Texas Department of Transportation
221 E. Main Street 125 E. 11th
Round Rock, Texas 78664 _ Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other partyEither. party may request in writing that such notices shall be
delivered personally or by certi.fied U.S. mail and; such request shall be honored and carried out by
the other party.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. Successors and Assigns
The State and the Local Goverment each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Article 15. Amendments
By mutual written consent of the parties, this contract may be amendedprior to its expiration.
Article 16, State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly. through a subcontract under this contract acts ae
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
auditor investigation must provide the state auditor with access to any information thustate auditor
considers relevant to the investigation or audit.
AFA -AFA VOITI P
Page 4 of 7 Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
Article 17. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage
in the amounts and types specified on the Certificate of Insurance for all persons and entitles working
on State right of way. This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately, and
the State may recover damages and all :costs of completing the work.
Article 18. Signatory Warranty
The signatories to this agreement warrant that
behalf of the party they represent.
each has the authority to enter into this agreement on
IN WITNESS WHEREOF, THE STATE AND` THE LOCAL GOVERNMENT have executed dupl ca#e;
..COLIritOrPOrtpijOrEOff0CtOlelhitHOgt06MOITit.
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 ..... _ Date
District Engineer
THE LOCAL. GOVERNMENT
Name of the Local Government City, of Round Rock
By Dates
Typed or Printed Name and Title
AFA-AFA_Uo1TIP Page 5 of 7 Revised 02/10110
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
ATTACHMENT A
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of the upgrade or replacement of various traffic signals on
FM 1460 north of Old Settlers Boulevard to 0.4 miles north of US 79, which is an on -system location.
The Local Government's participation is 100% of the cost of this particular improvement. The Local
Govemment's estimated cost of this additional work is $177,329.65, for construction bid items. The
State has estimated the project to be as follows:
Description
Total
Estimate Cost
State
Participation
Cost
Local
Participation
Cost
Construction of Traffic $177,329.65 0%
Signals
$0.00 100%
$177,329.65
Subtotal
7
Direct State Costs -
Construction
Engineering and
Inspection (12%)
$21,279.56
100%
$21,279.56
0%
$0
Indirect State Costs
(no local participation
required except for
service projects)
$0
0%
$0.00
0%
$o
TOTAL
$198,609.21
$21,279.56
$177,329.65
Local Government's Participation (100%) = $177,329,65
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_VoITIP
Page 6 of 7 Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
Work Responsibilities
The State shall include this particular improvement as a change order to current construction project
under State identifier 2211-02-015. The State shall be responsible for Administration of the contract
which includes the responsibility for construction engineering and for issuance of any change orders,
supplemental agreements, amendments, or additional work orders, which may become necessary
subsequent to the award of the construction contract.
AFA-AFA.: VoITIP
Page 7of7
Revised 02/10/10
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 10F1
Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement
with the Texas Department of Transportation for the FM 1460 (A.W. Grimes North) — Old
Settlers Blvd. to north of U.S. Hwy 79 Project.
Meeting Date: April 8, 2010
Department: Transportation Services
Staff Person making presentation: Tom Word
Chief of Public Works Operations
Item Summary:
This Advance Funding Agreement will cover City of Round Rock participation to cover cost of the upgrade or
replacement of various traffic signals on FM 1460 North of Old Settlers boulevard to 0.4 miles north of us 79, which
is an on -system location. The City of Round Rock cost participation will cover construction bid items.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan
Cost: $177,329.65
Source of Funds: 4B — Round Rock Transportation Development Corporation
Date of Public Hearing (if required): N/A
Recommended Action: Staff recommends approval of the agreement.
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTAR
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
THIS AGREEMENT IS MADE, BY AND BETWEEN the State of Texas, acting by and 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, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and ''Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 108812 authorizes the State to undertake and
complete a highway improvement generally described as upgrade to a 4 -lane with continuous left
turn lane roadway facility; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as the
construction of upgraded or replaced traffic signals and ancillary equipment at various locations along
FM 1460 from north of Old Settlers Boulevard to 0.4 miles north of US 79 in Round Rock, hereinafter
called the "Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
Article 2. Project Funding and Work Responsibilities
The State will authorize the performance of only those Project items of work which the Local
Government has requested and has agreed to pay for as described in Attachment A, Payment
Provision and Work Responsibilities which is attached to and made a part of this contract.
AFA-AFA_VoITIP Page 1 of 7 Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
In addition to identifying those items of work paid for by payments to the State, Attachment A,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
Prior to the construction of the Project the Local Government shall remit its financial share for the
construction costs and construction oversight.
In the event that the State determines that additional funding by the Local Government is required at
any time during the Project, the State will notify the Local Government in writing. The Local
Government shall make payment to the State within thirty (30) days from receipt of the State's written
notification.
Whenever funds are paid by the Local Government to the State under this Agreement, the Local
Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow
account to be managed by the State. Funds in the escrow account may only be applied by the State
to the Project. If, after final Project accounting, excess funds remain in the escrow account, those
funds may be applied by the State to the Local Government's contractual obligations to the State
under another advance funding agreement.
Article 3. Right of Access
if the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities required
to execute the work.
Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities ofthe Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes, specifications,
contract provision requirements and related documentation in a Microsoft® Word or similar
document. If requested by the State, the Local Government will use the State's document template.
The Local Government shall also provide a detailed construction time estimate including types of
activities and month in the format required by the State. This requirement applies whether the local
government creates the documents with its own forces or by hiring a consultant or professional
provider. At the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
AFA-AFA VoITtP Page 2 of 7 Revised 02/10/10
CSJ #2211.02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury,
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities,
to this contract, the State will supervise and inspect all work performed hereunder and provide such
engineering inspection and testing services as may be required to ensure that the Project is
accomplished in accordance with the approved pians and specifications. All correspondence and
instructions to the contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance
with the Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges adopted by the State and incorporated herein by reference, or special specifications
approved by the State.
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If
this is a fixed price agreement as specified in Attachment A, Payment Provision and Work
Responsibilities, this provision shall only apply in the event changed site conditions are discovered or
as mutually agreed upon by the State and the Local Government.
If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage facility
requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed
changes, including but not limited to plats or replats, result in increased costs, then any increased
costs associated with the ordinances or changes will be paid by the local government. The cost of
providing right of way acquired by the State shall mean the total expenses in acquiring the property
interests either through negotiations or eminent domain proceedings, including but not limited to
expenses related to relocation, removal, and adjustment of eligible utilities.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise provided for in existing maintenance agreements with the Local
Government.
Article 11. Termination
This agreement may be terminated in the following manner:
• by mutual written agreement and consent of both parties;
• by either party upon the failure of the other party to fulfill the obligations set forth herein;
by the State if it determines that the performance of the Project is not in the best interest of the
State.
AFA-AFA Vo1TIP
Page 3 of 7 Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
• Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
Article 12. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the foliowing addresses:
Local Government:
Mayor
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11th
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other party. Either party may request in writing that such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out by
the other party.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest, agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Article 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
AFA-AFA_VoITIP Page 4 of 7 Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
Article 17. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage
in the amounts and types specified on the Certificate of Insurance for all persons and entities working
on State right of way. This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately, and
the State may recover damages and all costs of completing the work.
Article 18. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
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 nd authorized by the Texas Transportation ommission
By � co t Date -
Z
,G, y District Engineer
THE LOCAL GOVERNMENT
Name f the Local Government City of Round Rock
By
Date it•`(`j�
Typed or Printed Name and Title sh MVti
MAylcpc
AFA-AFA_VoITIP Page 5 of 7 Revised 02/10/10
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
ATTACHMENT A
Payment Provision and Work Responsibilities
The Local Govemment will pay for the cost of the upgrade or replacement of various traffic signals on
FM 1460 north of Old Settlers Boulevard to 0.4 miles north of US 79, which is an on -system location.
The Local Govemment's participation is 100% of the cost of this particular improvement. The Local
Govemment's estimated cost of this additional work is $177,329.65, for construction bid items. The
State has estimated the project to be as follows:
Description
Total
Estimate Cost
State
Participation
Local
Participation
Cost
OA
Cost
Construction of Traffic
Signals
$177,329.65
0%
$0.00
100%
$177,329.65
Subtotal ;,
177;329166.
$0:00
177329i65
Direct State Costs -
Construction
Engineering and
Inspection (12%)
$21,279.56
100%
$21,279.56
0%
$0
Indirect State Costs
(no local participation
required except for
service projects)
$0
$0.00
0%
$o
TOTAL
$198,609.21
$21,279.56
$177,329.65
Local Government's Participation (100%) = $177,34055
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 VoITIP Page 6 of 7 Revised 02/10/10
Work Responsibilities
The State shall include this particular improvement as a change order to current construction project
under State identifier 2211-02-015. The State shall be responsible for Administration of the contract
which includes the responsibility for construction engineering and for issuance of any change orders,
supplemental agreements, amendments, or additional work orders, which may become necessary
subsequent to the award of the construction contract.
CS3 #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: N of Old Settlers Blvd
to north of US 79
CFDA# N/A
AFA-AFA Vo1TJP
Page 7 of 7 Revised 02/10/10
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 05
Third Party Funding Notification Sheet
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
1. Outside funding provided by:
City of Round Rock
(Outside Entity's Legal Name)
2. Type of outside funding agreement for this change:
(X Existing
r Amended
( Check one)
I- New
3. Indicate the type and amount of funding:
I' Fixed Price (Lump Sum)
fX Actual Cost
(a) Contract Items (Bid Items):
(b) E&C*: (a) x
(c) Indirect Cost**: (a + b) x
TOTAL
(Estimated Amount
enter %
enter %
$177,329.65
CCSJ: 2211-02-015
Project: STP 2005(921)
Highway: FM 1460
County: Williamson
District: Austin
Contract
Number: 05093202
$177,329.65 Use as needed:
I hereby acknowledge notification of the modifications
0 covered by this Change Order.
0
/?7, 3(29.6,S
Date 4.2-2..lo
By s h
Typed/Printed Name f✓t1/1 5-61ra, IA)
Iv 0�6(jar
Typed/Printed Title
"The percentage (46) for E&C (Engineering and Contingencies) charges varies from project to project
depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate
of E&C charge. For a specific protect, E&C rate (96) can be derived from the cost of "Engineering and Contingencies" in
the "Estimated Cost" of the project.
" Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only,
unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Funding for this Change Order has been arranged:
TxDOT Representative
Typed/Printed Name:
Date
TXDOT Form 2146-AFA (Rev. 7/2007) Page 1 of 1
'R-- ID - D4--061)- (WE
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