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R-93-07-08-9E - 7/8/1993 RESOLUTION NO. /?-93 —07-00 9 WHEREAS, the City desires the construction of lighting, sidewalks, and curb and gutter improvements for the Round Rock Avenue/Mays Street project, and WHEREAS, the State of Texas, by and through its Department of Transportation will provide such construction in exchange for a contribution from the City of $193,218.14, and WHEREAS, an Agreement has been prepared providing for such construction and contribution, and WHEREAS, an City Council wishes to approve said Agreement, 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 an Agreement with the Texas Department of Transportation for the construction of lighting, sidewalks, and curb and gutter improvements as described above, said Agreement being attached hereto and incorporated herein as Exhibit "A". RESOLVED this 8th day of July, 1993. CHARLES C , Mayor City of Round Rock, Texas ATTEST: 9MM J E LAND, City Secretary L'UMN RS07083E 01-0s- 01C- CD 683-1-41 0683-01-041 Williamson County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is made this day of 1993, by and between the City of Round Rock,Texas, hereinafter called the "City", Party of the First Part,acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its Texas Department of Transportation Commission. WHEREAS,the City desires participation in illumination, curb and gutter, sidewalks and landscape pavers and incidental items within the limits from Interstate Highway No. 35 to Loop 384 on Ranch to Market Road No. 620, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense,excluding preliminary engineering. The estimated construction cost of this work is One Hundred Ninety Three Thousand Two Hundred Eighteen and 14/100 Dollars ($193,218.14), including contingencies and construction engineering,and including indirect costs at the rates in effect for the fiscal years during which the work is accomplished. The indirect cost rate will be based on the Texas Department of Transportation's Indirect Cost Plan. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City,a warrant or check made payable to the Texas Department of -1- CD 683-1-41 0683-01-041 Williamson County Transportation in the amount of One Hundred Ninety Three Thousand Two Hundred Eighteen and 14/100 Dollars ($193,218.14), to be used in paying for the proposed work required by the City in the City of Round Rock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering,will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion,then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the Texas Department of Transportation. In the event the amount as paid is more than the actual cost,then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided,will include the cost of contingencies and construction engineering and indirect cost. -2 r CD 683-1-41 0683-01-041 Williamson County IN TESTIMONY WHEREOF,the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF ROUND ROCK TEXAS DEPARTMENT OF P rty of the First Part TRANSPORTATION Party of the Second Part BY: Certified as being executed for the City Managerftffjor purpose and effect of activating and/or carrying out the orders,established By: policies, or work programs heretofore Member of City Council approved and authorized by the Texas Department of Transportation By: Commission under the authority of Member of City Council Minute Order 100002. By: Member of City Council By: Director, Contract Administration By: Member of City Council ATTEST: y Clerk/City Secretary APPROVED AS TO FORM: -3- DATE: July 6,1993 SUBJECT: City Council Meeting,July 8,1993 ITEM: 9.E. Consider a resolution authorizing the Mayor to enter into an Escrow Agreement with the Texas Department of Transportation for lighting,sidewalk,and curb and gutter improvements for the Round Rock Avenue/Mays Street project. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval This agreement provides for the installation of street lights,sidewalks and curbs and gutters. The amount is$193,218.14 and will be paid for from interest income from street bond projects. Economic Impact: $193,218.14 paid from interest income from street bond projects. �W�J�= U. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, JOANNE LAND, Assistant City Manager/City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 1P Tf) day of , 19-93_, which is recorded in the minutes of the City of Round Rock in book 1�0 . CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14 day of QAA 19U J NNE LAND Assistant City Manager/ City Secretary RECEIVED AUG 1 71993 ® Texas Department of Transportation ' P.O.DRAWER 15426•AUSTIN,TEXAS 78761-5426•(512)832-7000 August 11,1993 "U Williamson County Control 0683-01-041 Project: CD 683-1-41 RM 620: From IH 35 to Loop 384 Hon.Charles Culpepper Mayor,City of Round Rock 221 East Main Street Round Rock,Texas 78664 Dear Sir: Returned herewith for your permanent files is one fully executed counterpart to one of two separate escrow agreements on the above referenced project. This agreement covers sidewalks,curb and gutter,illumination,and landscape pavers, whereas the other covers water and wastewater adjustments and is being transmitted under separate cover to avoid confusion. In a related matter,as a result of higher bids being received at contract letting some additional escrow funds are needed. Using the same cost components as in our preliminary estimate calculations,the amount due is as follows: Total bid items $233,696.55 7% Construction Engineering and Contingencies 16.358.76 Sub-Total $250,055.31 7.323%Indirect Cost 18,311.55 Sub-Total $268,366.86 Less Previous Deposit 193 218.14 Balance Due $75,148.72 While these funds are due on receipt of this letter,TxDOT agrees in this one instance to allow deferment on this deposit until after October 1,1993. Please forward a check or warrant as soon as possible after that date. An Equal Opportunity Employer L If you have any questions in this matter,please let us know. Sincerely, Thomas E.Word,Jr.,P.E. Director of Transportation Planning and Development TEW:GLL:Ijb Attachment cc: Danny Stabeno w/o attach Bill Glenn,P.E.,w/o attach CD 683-1-41 0683-01-041 Williamson County STATE OF TEXAS COUNTY OF TRAVIS 0.4 THIS AGREEMENT is made thisc�q day of 1993, by and between the City of Round Rock,Texas, hereinafter called the000,"City�66", Party of the First Part,acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its Texas Department of Transportation Commission. WHEREAS,the City desires participation in illumination,curb and gutter, sidewalks and landscape pavers and incidental items within the limits from Interstate Highway No. 35 to Loop 384 on Ranch to Market Road No. 620, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense,excluding preliminary engineering. The estimated construction cost of this work is One Hundred Ninety Three Thousand Two Hundred Eighteen and 14/100 Dollars ($193,218.14), including contingencies and construction engineering,and including indirect costs at the rates in effect for the fiscal years during which the work is accomplished. The indirect cost rate will be based on the Texas Department of Transportation's Indirect Cost Plan. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the Texas Department of -1- CD 683-1-41 0683-01-041 Williamson County Transportation in the amount of One Hundred Ninety Three Thousand Two Hundred Eighteen and 14/100 Dollars ($193,218.14), to be used in paying for the proposed work required by the City in the City of Round Rock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering,will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion,then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the Texas Department of Transportation. In the event the amount as paid is more than the actual cost,then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided,will include the cost of contingencies and construction engineering and indirect cost. -2- CD 683-1-41 0683-01-041 Williamson County IN TESTIMONY WHEREOF,the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF ROUND ROCK TEXAS DEPARTMENT OF Party of the First Part TRANSPORTATION Party of the Second Part By: Certified as being executed for the City Manager/ y purpose and effect of activating and/or carrying out the orders,established By: policies, or work programs heretofore Member of City Council approved and authorized by the Texas Department of Transportation By: Commission under the authority of Member of City Council Minute Order 100002. By: Member of City Council By: _ Sr ract Allministration By: Member of City Council ATTEST: i y Clerk/City Secretary APPROVED AS TO FORM: -3-