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R-2014-1985 - 11/13/2014 RESOLUTION NO. R-2014-1985 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 3406 Turn Lanes and Pedestrian Bridge Project ("Project"), and WHEREAS, by Resolution No. R-2014-1584,the City Council approved the Agreement, and WHEREAS, the City Council desires to enter into Advance Funding Agreement Amendment No. 1 with TxDOT to delete in its entirety Attachment C "Project Budget" and replace with Attachment C-1 "Project Budget", 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 13th day of November, 2014. ALA Q/11 GRAW, Mayor City of Round Rock, Texas ATTEST: 671. SARA L. WHITE, City Clerk 0112 1404; 00314817 CSJ # 1378-06-011 EXHIBIT District# 14 -Austin Code Chart 64#36750 "A" Project: FM 3406 Turn Lanes and Pedestrian Bridge Federal Highway Administration CFDA#20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § 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 August 1st of 2014 to effectuate their agreement to construct left turn lanes, intersection realignments and pedestrian bridge; 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, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items Attachment C — Project Budget is deleted in its entirety and replaced with Attachment C-1, Project Budget contained herein. State participation was updated. 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 2 Revised 09/18/14 CSJ # 1378-06-011 District# 14 -Austin Code Chart 64#36750 Project: FM 3406 Turn Lanes and Pedestrian Bridge 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 Alan McGraw Typed or Printed Name Mayor Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA—AFA Amend Page 2 of 2 Revised 09/18/14 CSJ # 1378-06-011 District# 14 -Austin Code Chart 64 #36750 Project: FM 3406 Turn Lanes and Pedestrian Bridge Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% State funding until the federal funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Total Federal State Local Participation Description Estimated Participation Participation Cost % Cost % Cost % Cost Preliminary Engineering/Environmental $300,000 0% $0 0% $0 100% $300,000 (By Local Government) Construction (by State) $4,298,100 80% $3,438,480 20% $859,620 0% $0 Subtotal $4,598,100 $3,438,480 $859,620 $300,000 Direct Environmental State (40%) $25,583 80% $20,466 20% $5,117 0% $0 Costs= $63,958 Engineering o 0 0 (40%) $25,583 80/o $20,466 20/o $5,117 0/o $0 Utilities (20%) $12,792 80% $10,234 20% $2,558 0% $0 Construction Direct State Costs $214,905 80% $171,924 20% $42,981 0% $0 Indirect State Costs (4.83%) $222,088 80% $177,671 20% $44,417 0% $0 Subtotal $500,951 $400,761 $100,190 $0 TOTAL $5,099,051 $3,839,241 $959,810 $300,000 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 Government to the State $0 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA—AFA_Amend Page 1 of 1 Revised 09/18/14