R-11-08-11-8B2 - 8/11/2011RESOLUTION NO. R -11-08-11-8B2
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 University Boulevard Project ("Project"), and
WHEREAS, by Resolution No. R -09-05-14-9G7, the City Council approved the Agreement,
and
WHEREAS, by Resolution No. R -10-06-10-9D2, the City Council approved Amendment No.
1 to the Agreement, and
WHEREAS, the City Council desires to enter into Amendment No. 2 to the Agreement with
TxDOT to delete in its entirety Attachment A-1, Payment Provisions and Work Responsibilities of
Amendment No. 1 and replace with Attachment A-2, Payment Provisions and Work Responsibilities,
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 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.
O:\wdox\SCClnts\0112\1104\MUNICIPAL\00229046.DOC/rmc
RESOLVED this 11th day of August, 2011.
ATTEST:
•
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF TRAVIS
§
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settlers
to University Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #2
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 21St day of May, 2009,
to effectuate their agreement to construct the widening FM 1460 from a two-lane roadway to a four
lane roadway from Old Settlers to University Blvd, within the City of Round Rock; and,
WHEREAS, this Agreement was previously amended on the 17th day of June, 2010; 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 A-1, Payment Provisions and Work Responsibilities of Amendment #1 is being
deleted in its entirety and replaced with Attachment A-2, Payment Provisions and Work
Responsibilities 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 4 Revised 04/08/11
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settlers
to University Blvd.
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 4 Revised 04/08/11
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settlers
to University Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A-2
Payment Provisions
ARRA funds will be used towards eligible construction costs for the widening of FM 1460 from a two
lane roadway to a four lane facility. Earmark funds in the amount of $459,593.53 are being
transferred to this project from an adjacent federally funded project on FM 1460 (CSJ: 2221-02-015),
for a maximum amount of $ 9,688,950.53 of Federal funds available.
onstruction (by State)
Earmark Funds
onstruction Direct
tate Costs 5.3%
The funding CSJ for the Federal Earmark funds is 2211-02-022.
Local Government's participation = 100% of project budget overruns and any non -Federal
participating change orders requested by the Local Government.
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 4 Revised 04/08/11
Work Responsibilities
Environmental Requirements
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settlers
to University Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
A. The State shall prepare the appropriate environmental documentation and secure
environmental clearance for the project.
B. To the extent required to complete the project, the state will be responsible for the
mitigation and remediation of any environmental problems associated with the development
of the Project.
Engineering Requirements
The Local Government has completed all engineering plans.
Construction Responsibilities
A. The State shall advertise for the construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering and or
issuance of change orders, supplemental agreements, amendments or additional work
orders which may become necessary subsequent to the award of the construction contract.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. The Local Government will retain, at its own expense, a consultant engineer for
construction phase services. Those services entail shop drawing review, preparation of
any re -design, alternative design or additional design details needed during construction.
The consultant engineer will also be available to respond to questions relating to the plans.
AFA AFA Amend
Page 4 of 4 Revised 04/08/11
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 8B2.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute Amendment No. 2 to the Advance
Funding Agreement with TxDOT for the FM 1460 (A.W. Grimes North) — Old Settlers
Agenda Caption: Boulevard to University Boulevard to University Boulevard Project.
Meeting Date: August 11, 2011
Department: Transportation
Staff Person making presentation: John Dean
Transportation Planner
Item Summary:
The ongoing work on FM 1460/A.W. Grimes Boulevard consists of two projects: Project #1 is from Old Settlers
Boulevard to US 79 (the "south" project), and Project #2 is from University Boulevard to Old Settlers Boulevard (the
"north" project).
On May 21, 2009 the Mayor executed an advanced funding agreement (AFA) with the Texas Department of
Transportation (TxDOT) for the FM 1460/A.W. Grimes Boulevard North project. This agreement was subsequently
amended on June 17, 2010 — this agreement addressed financial responsibilities for all parties involved with the
project.
During the summer of 2010, Congressman John Carter's office secured a federal earmark in the amount of $749,842
to be applied to FM 1460. Through an agreement with TxDOT, this earmark was designated to fund City requested
change orders on the FM 1460 South project. The FM 1460 South project is nearing completion, and there is a
surplus balance of $459,594 in earmark funds that have not been utilized. No further change orders are anticipated
on the FM 1460 South project.
Approval of this resolution will move these remaining earmark funds to the FM 1460 North project, where they will
be used to fund City requested change orders and any other change orders which TxDOT may have initiated.
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
STATE OF TEXAS
COUNTY OF TRAVIS §
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settlems
to University Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #2
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 218t day of May, 2009,
to effectuate their agreement to construct the widening FM 1460 from a two-lane roadway to a four
lane roadway from Old Settlers to University Blvd, within the City of Round Rock; and,
WHEREAS, this Agreement was previously amended on the 17th day of June, 2010; 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 A-1, Payment Provisions and Work Responsibilities of Amendment #1 is being
deleted in its entirety and replaced with Attachment A-2, Payment Provisions and Work
Responsibilities 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
9.'11- 08- lSg2--
Page 1 of 4 Revised 04/08/1
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settler
to University Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LO GOVERN NT
Signature
p AASCIY4tA/
Typed or Printed Name
Title
6.(1.11
Date
THE STATE OF TEXAS
ce
is Mulienix
irector of Contract Services
Texas Department of Transportation
iii..0,e
AFA—AFA_Amend
Page 2 of 4 Revised 04/08/11
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Sett!:
to Universitv Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A-2
Payment Provisions
ARRA funds will be used towards eligible construction costs for the widening of FM 1460 from a
lane roadway to a four lane facility. Earmark funds in the amount of $459,593.53 are being
transferred to this project from an adjacent federally funded project on FM 1460 (CSJ: 2221-02-01
for a maximum amount of $ 9,688,950.53 of Federal funds available.
The funding CSJ for the Federal Earmark funds is 2211-02-022.
Local Government's participation = 100% of project budget overruns and any non -Federal
participating change orders requested by the Local Government.
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 4 Revised 04/08/1
ppyy
iµ
gg
ngineering
,b Local Govemment
.0
•%
0
s%
0
•%
,"0
onstruction (by State)
RRA Funds
9,229,357.00
100%
9,229,357.00
■
.�,
onstruction (by State)
armark Funds
459,593.53
100%
459,593.53
i%
,.0
s%
$0
s _3
Environmental Direct
tate Costs
rc
'.0
u
s%
•'.0
•%
,.0 .
i%
0
$
gg
Right of Way Direct
tate Costs
0
.
i%
0
•%
0
s%
0
Engineering Direct State
osts
,"0
s%
'.0
•%
0
'%
0
Utility Direct State Costs
0
i %
0
s %
0
• %
0
onstruction Direct
tate Costs 5.3%
513,514.38
• %
0
100%
513,514.38
i %
0
Indirect State Costs
6.2%
600,714.93
•%
0
100%.600,714.93
0
.x kt
The funding CSJ for the Federal Earmark funds is 2211-02-022.
Local Government's participation = 100% of project budget overruns and any non -Federal
participating change orders requested by the Local Government.
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 4 Revised 04/08/1
Work Responsibilities
Environmental Requirements
CSJ # 2211-02-021
District # 14 - Austin
Code Chart 64 # 36750
Project: FM 1460 from Old Settlen
to University Blvd.
Federal Highway Administration
CFDA # 20.205
Not Research and Development
A. The State shall prepare the appropriate environmental documentation and secure
environmental clearance for the project.
B. To the extent required to complete the project, the state will be responsible for the
mitigation and remediation of any environmental problems associated with the development
of the Project.
Engineering Requirements
The Local Government has completed all engineering plans.
Construction Responsibilities
A. The State shall advertise for the construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering and or
issuance of change orders, supplemental agreements, amendments or additional work
orders which may become necessary subsequent to the award of the construction contract.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. The Local Government will retain, at its own expense, a consultant engineer for
construction phase services. Those services entail shop drawing review, preparation of
any re -design, alternative design or additional design details needed during construction„
The consultant engineer will also be available to respond to questions relating to the plans.
AFA AFA Amend
Page 4 of 4 Revised 04/08/11