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R-99-10-28-10E1 - 10/28/1999STATE OF TEXAS § COUNTY OF TRAVIS § FUNDING AGREEMENT METROPOLITAN /MOBILITY REHABILITATION (STP) AMENDMENT NO. 1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting 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 Outside Entity. WITNESSETH WHEREAS, the State and the Outside Entity executed a contract on the 29th day of August, 1997 to effectuate their agreement to construct sidewalks and roadway safety improvements within the City of Round Rock; and, WHEREAS, it has become necessary to amend that contract to change the time period, work or funding agreement described in that contract; and, WHEREAS, Commission Minute Order Number 107615 authorizes the State to undertake the responsibilities generally described as managing the sidewalk construction and roadway safety improvements, in the City of Round Rock; 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, the State and the Outside Entity do agree as follows. COUNTY: Williamson CSJ: 0015 -16- 016,0914 -05 -099 HIGHWAY: BI 35 -L & CR AMENDMENT NO. 1 Article 1. Description of Amended Items Attachment A to this Amendment describes the amended items, which may include a description of the changes in work, contract time period or funding agreements described in the original agreements. All other provisions of the original contract are unchanged and remain in full force and effect. IN WITNESS WHEREOF THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts effectuating this amendment to the Funding Agreement. THE STATE OF TEXAS Certified as being executed 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 Transportati n Commission under the authority of Minute Order 100002. / B / Date 7 (G+_i nnif r D. Soldano irector, Contract Services THE OUTSIDE ENTITY AGREEMENT COUNTY: Williamson CSJ: 0015 -16 -016, 0914 -05 -099 HIGHWAY: BI 35 -L & CR AMENDMENT NO. 1 Date Typed or Printed Name and Title lot5rer 1. 5TLLIen Tie 2 .! ATTACHMENT A TO FUNDING AGREEMENT AMENDMENT NO. 1 COUNTY: Williamson CSJ: 0015 -16- 016,0914 -05 -099 HIGHWAY: BI 35 -L & CR AMENDMENT NO. 1 Article 1. Time Period Covered shall be revised to delete the last sentence. A sentence shall be added stating, "The federal funds will remain indefinitely until the project is completed." The remaining articles and provisions set forth in Attachment A will remain the same. 3 City Of Round Rock Public Works Department 2008 Enterprise Dr. Round Rock, Texas 78664 (512) 218-5555 To: Christine Martinez We are sending you: 0 Attached ❑ Shop Drawings ITE 1 ❑ Copy of Letter Remarks: Admin This is transmitted as checked below: ❑ Under Separate Cover Via ❑ Prints If enclosures are not as noted. kindly notify us at once. ❑ Change Order ❑ For Approval ❑ Approved as Submitted 2 For Your Use ❑ Approved As Noted ❑ As Requested ❑ Returned For Corrections ❑ For Review and Comment ❑ For Bids Due 19 Copy to: Signed: Date: 6/7/20001 Re: Signed Original the following items: ❑ Plans ❑ Samples ❑ Specifications n DATE 6/7/2000 COPIES 1 DESCRIPTION Signed Original of Funding Agreement of STP Letter of transmittal ❑ Resubmit Copies For Approval ❑ Submit Copies For Distribution ❑ Return signed copies ❑ Prints Returned After Loan To Us trnsmitl /formst Texas Department of Transportation Ar CSJ: 0015 -16 -016 & 0914 -05 -099 Highway: BI 35 -L & CR County: Williamson Mr. Thomas E. Word, Jr., P.E. City Traffic Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Word: Enclosed for your files, is a fully executed original counterpart of an amended agreement for the above referenced project. If we can be of further assistance to you, please feel free to contact me at 832 -7154. Enclosure P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 May 31, 2000 An Equal Opportunity Employer Sincerely, Patsy K. Warren Engineering Specialist A r r Texas Department of Transportation Mr. Thomas E. Word, Jr., P.E. City Traffic Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Word: Enclosures P.O. DRAWER 15426 • AUSTIN, TEXAS 78761.5426 • (512) 832 -7000 April 3, 2000 CSJ: 0015 -16 -016 & 0914 -05 -099 County: Williamson Highway: BI 35 -L & CR Limits: In Round Rock from S. of Texas Avenue To Old Settlers Blvd., and On McNeil Rd at CR 172 & UPRR Enclosed are two original amended counterparts of an agreement for the above referenced projects. This agreement was previously amended and submitted to the City in September, 1999, however concurrence was never received. It is being resubmitted to remove the federal funding limitation. Please execute both documents and return them as soon as possible. Federal funds cannot be reimbursed prior to receipt of a fully executed document. If you have any questions, please feel free to contact me at 832 -7154. Sincerely, 164,x. O Patsy K. Warren Engineering Specialist An Equal Opportunity Employer STATE OF TEXAS § COUNTY OF TRAVIS § COUNTY: Williamson CSJ: 0015 -16 -016, 0914 -05 -099 HIGHWAY: BI 35 -L & CR AMENDMENT NO. 1 FUNDING AGREEMENT METROPOLITAN /MOBILITY REHABILITATION (STP) AMENDMENT NO. 1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting 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 Outside Entity. WITNESSETH WHEREAS, the State and the Outside Entity executed a contract on the 29th day of August, 1997 to effectuate their agreement to construct sidewalks and roadway safety improvements within the City of Round Rock; and, WHEREAS, it has become necessary to amend that contract to change the time period, work or funding agreement described in that contract; and, WHEREAS, Commission Minute Order Number 107615 authorizes the State to undertake the responsibilities generally described as managing the sidewalk construction and roadway safety improvements, in the City of Round Rock; 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, the State and the Outside Entity do agree as follows. 1 Article 1. Description of Amended Items Attachment A to this Amendment describes the amended items, which may include a description of the changes in work, contract time period or funding agreements described in the original agreements. All other provisions of the original contract are unchanged and remain in full force and effect. IN WITNESS WHEREOF THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts effectuating this amendment to the Funding Agreement. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. B Date Jennifer D. Soldano Director, Contract Services THE OUTSIDE ENTITY AGREEMENT COUNTY: Williamson CSJ: 0015 -16 -016, 0914 -05 -099 HIGHWAY: BI 35 -L & CR AMENDMENT NO. 1 Date Typed or Printed Name and Title / O&f 7' R • 3721.409 . 2 ATTACHMENT A TO FUNDING AGREEMENT AMENDMENT NO. 1 Article 1. Time Period Covered shall be revised to delete the last sentence. A sentence shall be added stating, "The federal funds will remain indefinitely until the project is completed." The remaining articles and provisions set forth in Attachment A will remain the same. 3 COUNTY: Williamson CSJ: 0015 -16 -016, 0914 -05 -099 HIGHWAY: BI 35 -L & CR AMENDMENT NO. 1 Cindy Fronk From: Christine Martinez Sent: April 27, 2000 11:48 AM To: Cindy Fronk Subject: RE: Item # 10E1 from 10/28/99 council meeting Cindy: I looked yesterday and again this morning through everything that I have not filed and did not find anything regarding Funding Agreement Metropolitan /Mobility Rehabilitation (STP) Amendment No. 1. The original folder only had the resolution and no agreement which could mean that I never got one for the Mayor to sign because he signs everything the night of the meeting and there wasn't a copy in the file packet either. What may have happened is that the agreement was brought to the meeting and handed to the Mayor for his signature and the person who brought it in took it back. This has happened before and I don't find out about it until I receive a copy later on. I even looked in 1997 because what you sent over said that we had executed a contract in that year and it might have been put in that file but I didn't even find anything the Council approved with the above title. They did approve an Advance Funding Agreement for Surface Transportation Program (STP) which could be the same but it has a different Minute Order Number and anyway there was nothing in there on what you are looking for. Well, this gets me to the end of the road. Can we get another agreement for the Mayor to sign? Let me know. Later, Christine R. Martinez Administration City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Phone: (512) 218 -5404 Fax: (512) 218 -7097 Email: christinem @round- rock.tx.us - -- Original Message From: Cindy Fronk Sent: April 26, 2000 4:47 PM To: Christine Martinez Subject: Item # 10E1 from 10/28/99 council meeting I need to locate the signed copy of the agreement with TXDOT that was approved at the 10/28/99 council meeting. At that time it was Item # 10E1. If it went out, it would have been mailed to the attention of Patsy Warren. This is a reimbursement for the city which TxDOT cannot pay until it receives a signed original agreement. Let me know when you locate, and I can pick up and mail. Thanks for your help. Cindy Fronk Public Works Traffic Engineering Dept. P: (512) 218 -5562 F: (512) 218 -3242 WHEREAS, the City of Round Rock has previously entered into an Advance Funding Agreement ( "Agreement ") with the Texas Department of Transportation ( "TxDOT ") for the McNeil Road and Mays Street reconstruction and sidewalk projects, and WHEREAS, the City Council desires to enter into Amendment No. 1 to the Agreement with TxDOT to extend the terms of the Agreement an additional two years, 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 Amendment No. 1 to the Agreement with TxDot to extend the terms of the Agreement an additional two years, a copy of said Amendment No. 1 being attached hereto 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, and the Act. RESOLVED this 28th day of October, 1999. E LAND, City Secretary x:\ WPDOCS \R.SOL,n\x91028E1..WPO /SC9 RESOLUTION NO. R- 99- 10- 28 -10E1 Rc'T 'T A. STLUKA,(7R., Mayor City of Round Rock, Texas DATE: October 21, 1999 SUBJECT: City Council Meeting — October 28, 1999 ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Funding Agreement with the Texas Department of Transportation for the reconstruction of McNeil Road at CR 172 and the construction of sidewalks along North Mays Street from south of Texas Avenue to Old Settlers Boulevard. The City Council through Resolution R- 97- 06 -26- 10D authorized the City of Round Rock to enter into a funding agreement with the Texas Department of Transportation for the reconstruction of McNeil Road at CR 172 and the construction of sidewalks along North Mays Street from south of Texas Avenue to Old Settler's Boulevard. The terms of the agreement established that the agreement would terminate two years from the date of final execution of the agreement. Because of delays in getting railroad approval for the project and TxDOT approval of the plans and specifications, the two years lapsed on August 29,1999. The attached Amendment No. 1 to the Funding Agreement would extend the terms of the Funding Agreement an additional two -(2) years from the date of final execution of Amendment No. 1. We currently anticipate bids being opened for this project in December 1999. Staff recommends your approval of this agreement. Staff Resource Person: Jim Nuse, Public Works Director.