Loading...
R-11-08-11-8B1 - 8/11/2011RESOLUTION NO. R -11-08-11-8B1 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 FM 1460 (A.W. Grimes North) — Old Settlers Boulevard to U.S. 79 ("Project"), and WHEREAS, by Resolution No. R -10-10-14-9F4, the City Council approved the Agreement, and WHEREAS, the City Council desires to enter into Amendment No. 1 to the Agreement with TxDOT to delete in its entirety Attachment C "Project Budget and Description" and replace with Attachment C-1 "Project Budget and Description", 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 1 lth day of August, 2011. ATTEST: R.UW SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\1104\MUNICIPAL\00229062.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF TRAVIS § CSJ # 2211-02-015 District # 14 - Austin Code Chart 64 # 36750 Project: FM 1460 Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Round Rock, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 16th day of December, 2010, to effectuate their agreement to construct city requested change orders within the project limits of the Project; and, WHEREAS, because of a change in project funding, 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, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items Attachment C "Project Budget and Description" of the original contract is deleted in its entirety and replaced with Attachment C-1 "Project Budget and Description" contained herein. All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—AFA_Amend Page 1 of 3 Revised 04/08/11 CSJ # 2211-02-015 District # 14 - Austin Code Chart 64 # 36750 Project: FM 1460 Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA—AFA_Amend Page 2 of 3 Revised 04/08/11 CSJ # 2211-02-015 District # 14 - Austin Code Chart 64 # 36750 Project: FM 1460 Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C-1 Project Budget and Description The Local Government will participate in the upgrade or replacement of various traffic signals and other Local Government requested change orders on FM 1460, from north of Old Settlers Boulevard to 0.4 miles north of US 79, within the Project limits of the State's construction project under identifier CSJ 2211-02-015, which is an on -system location. Based on the Earmark funding, 100% of the eligible construction costs will be paid for with Federal funds to a maximum amount of $290,278.00. The remaining balance of Earmark funding available for this project, in the amount of $459,594, is being transferred to the adjacent Federally funded project on FM 1460 (CSJ: 2221-02-021). Environmental Direct State osts onstruction Direct State osts 7.3% The funding CSJ for the Federal Earmark funds is 2211-02-022. Initial payment by the Local Govemment to the State: $0 Payment by the Local Government to the State before construction: $0 Estimated total payment by the Local Government to the State $0 This is an estimate. The final amount of Local Government participation will be based on actual costs. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. AFA—AFA_Amend Page 3 of 3 Revised 04/08/11 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 8B1. City Council Agenda Summary Sheet Agenda Caption: Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Advance Funding Agreement with TxDOT for the FM 1460 (A.W. Grimes North) — north of Old Settlers Boulevard to 0.4 miles north of U.S. 79 Project. Meeting Date: August 11, 2011 Department: Transportation Staff Person making presentation: John Dean Transportation Planner Item Summary: On October 14, 2010, the Mayor executed an advanced funding agreement (AFA) with the Texas Department of Transportation for the FM 1460/A.W. Grimes Boulevard project between Old Settlers Boulevard and US 79. This agreement addressed financial responsibilities within the project, and it directed that a $749,872 earmark from Congressman John Carter's office be used to pay for eligible city requested change orders on this project. To date, there have been four eligible city requested change orders totaling $290,278, leaving a balance of earmark funds of $459,593. This project is now nearing completion, and no further City requested change orders are anticipated. This amendment to the AFA will reallocate these remaining funds to cover change orders on the FM 1460/A.W. Grimes Boulevard north project, between University Boulevard and Old Settlers Boulevard. To date, the City has requested one eligible change order on this project in the amount of $113,319; no further city requested change orders are anticipated on this project. The remaining balance of the earmark funds will be used on TxDOT requested change on the A.W. Grimes north project. If the earmark funds are not expended on this project, they may be returned to the federal government, or the funds may be reallocated to another project. Strategic Plan Relevance: Goal 21.0: Identify and plan for future connectivity and mobility needs and options. Goal 25.0: Develop funding source mechanisms for mobility and connectivity options. Goal 26.0: Construct major elements of the transportation and mobility system as approved by Council in the Master Transportation Plan. Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW Y t STATE OF TEXAS COUNTY OF TRAVIS § CSJ # 2211-02-015 District # 14 - Austin Code Chart 64 # 36750 Project: FM 1460 Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Round Rock, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 16th day of December, 2010, to effectuate their agreement to construct city requested change orders within the project limits of the Project; and, WHEREAS, because of a change in project funding, 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, the State and the Local Govemment do agree as follows: AGREEMENT 1. Description of Amended Items Attachment C "Project Budget and Description" of the original contract is deleted in its entirety and replaced with Attachment C-1 "Project Budget and Description" contained herein. All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—AFA_Amend Page 1 of 3 Revised 04/08/11 CSJ # 2211-02-015 District # 14 - Austin Code Chart 64 # 36750 Project: FM 1460 Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE L ' GOVERN NT Signature n 1W-ell/ate./ Typed or Printed Name Title t' •U. it Date TH STATE OF TEXAS u ullenix 'rector of Contract Services Texas Department ofxas Department .ceLatoolat.el Pt ,2-% CV/ -Dpf AFA—AFA_Amend Page 2 of 3 Revised 04/08/11 CSJ # 2211-02-015 District # 14 - Austin Code Chart 64 # 36750 Project: FM 1460 Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C-1 Project Budget and Description The Local Government will participate in the upgrade or replacement of various traffic signals and other Local Government requested change orders on FM 1460, from north of Old Settlers Boulevard to 0.4 miles north of US 79, within the Project limits of the State's construction project under identifier CSJ 2211-02-015, which is an on -system location. Based on the Earmark funding, 100% of the eligible construction costs will be paid for with Federal funds to a maximum amount of $290,278.00 The remaining balance of Earmark funding available for this project, in the amount of $459,594, is being transferred to the adjacent Federally funded project on FM 1460 (CSJ: 2221-02-021). Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $0 Estimated total payment by the Local Govemment to the State $0 This is an estimate. The final amount of Local Government participation will be based on actual costs. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. AFA—AFA_Amend Page 3 of 3 Revised 04/08/11 4.0 �% 4 0 43k �.° •% 4 j"e�` �3 ^,� i.s.i S^x'gq T 4.0 t 3wF«ii+.+. •% ri ri�ra.�i. "'r i S t'%'R" i 4.0 i Engineering b Local Government onstruction b State 290,278.00 100% . 290,278.00 '% 0 s% 0 Environmental osts Direct State '.0 • % 0 s % '.0 . • % '.0 Right of Way Direct State osts ' .0 ' % 0 • % 0 s % 0 Engineering Direct State osts .0 '% 0 •% 0 '% '.0 Utility Direct State Costs 0 ' % 0 s % 0 i % 0 onstruction Direct State osts 7.3% 21,190.29 : 0% 16,952.23 0% 4,238.06 ' % , 0 Indirect State Costs 6.2% 17,997.24 s% 0 100% 17,997.24 s% 0 The fundina CSJ for the Federal Earmark funds is 2211-02-022. Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $0 Estimated total payment by the Local Govemment to the State $0 This is an estimate. The final amount of Local Government participation will be based on actual costs. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. AFA—AFA_Amend Page 3 of 3 Revised 04/08/11