R-2014-1608 - 7/24/2014RESOLUTION NO. R-2014-1608
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 IH 35
Frontage Roads ("Project'), and
WHEREAS, by Resolution No. R -12-01-26-9D8, the City Council approved the Agreement,
WHEREAS, the City Council desires to enter into Advance Funding Agreement Amendment
No. 1 with TxDOT to delete in its entirety Attachment A "Payment Provision and Work
Responsibilities" and replace with Attachment A-1 "Payment Provision 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. 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 24th day of July, 2014.
ATTEST: W/� n
SARA L. WHITE, City Clerk
0112.1404; 00307034
City of Round Rock, Texas
GCS" Mot-,
STATE OF TEXAS §
COUNTY OF TRAVIS §
EXHIBIT
«A„
CSJ # 0015-09-166
District # 14 - AUS
Code Chart 64 #36750
Project: IH 35 Frontage Roads
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 February 1 of 2012 to
effectuate their agreement to upgrade frontage roads and reconfigure ramps on 11-135 from US 79 to
FM 3406; 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 A is deleted in its entirety and replaced with Attachment A-1.
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 04/08/11
CSJ # 0015-09-166
District # 14 - AUS
Code Chart 64 #36750
Project: IH 35 Frontage Roads
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
Interim Director of Contract Services
Texas Department of Transportation
Date
AFA—AFA Amend Page 2 of 2 Revised 04/08/11
CSJ # 0015-09-166
District # 14 - AUS
Code Chart 64 #36750
Project: IH 35 Frontage Roads
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A-1
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will be responsible for 100% of the PS&E costs. The State will be responsible
for 100% of the direct costs associated with review of the PS&E.
Description
Total
Estimated
Federal
Participation
State Participation
Local Participation
Cost
%
Cost
%
Cost
%
Cost
Environmental (by Local
Government)
$20,000
0%
$0
0%
$0
100%
$20,000
Right of Way (by Local
Government)
$0
0%
$0
0%
$0
100%
$0
Utilities (by Local Government)
$480,000
0%
$0
0%
$0
100%
$480,000
Engineering (by Local
Government)
$1,000,000.
0%
$0
0%
$0
100%
$1,000,000
Subtotal
$1,500,000
$0
$0
$1,500,000
Direct
Environmental
State
Direct State
$12,153
0%
$0
100%
$12,153
0%
$0
Costs=
Costs (20%)
$60,764
Right of Way
Direct State
$12,153
0%
$0
100%
$12,153
0%
$0
Costs (20%)
Utility Direct
State Costs
$12,153
0%
$0
100%
$12,153
0%
$0
(20%)
Engineering
Direct State
$24,306
0%
$0
100%
$24,306
0%
$0
Costs (40%)
Subtotal
$60,764
$0
$60,764
$0
TOTAL
$1,560,764
$0
$609764
$115001000
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 participation will be based on actual costs.
AFA—AFA Amend Page 1 of 3 Revised 04/08/11
CSJ # 0015-09-166
District # 14 - AUS
Code Chart 64 #36750
Project: IH 35 Frontage Roads
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Work Responsibilities:
1. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's failure to ensure
that utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or state funds for the cost
of required utility work. The Local Government must obtain advance approval for any variance
from established procedures. Before a construction contract is let, the Local Government shall
provide, at the State's request, a certification stating that the Local Government has completed the
adjustment of all utilities that must be adjusted before construction is completed.
2. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental clearance of
federal -aid projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by this
agreement.
B. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation.
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment. Public hearings will not be held
prior to the approval of project schematic.
D. The Local Government is responsible for the preparation of the NEPA documents required for
the environmental clearance of this Project.
E. Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
3. Architectural and Engineering Services
The Local Government has responsibility for the performance of architectural and engineering
services. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. For projects on the state highway
system, the design shall, at a minimum conform to applicable State manuals. For projects not on
the state highway system, the design shall, at a minimum, conform to applicable American
Association of State Highway and Transportation Officials design standards. In procuring
professional services, the parties to this agreement must comply with federal requirements cited in
23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254,
Subchapter A, in all cases. Professional contracts for federally funded projects must conform to
federal requirements, specifically including the provision for participation by Disadvantaged
Business Enterprises (DBEs), ADA, and environmental matters.
AFA-AFA Amend Page 2 of 3 Revised 04/08/11
CSJ # 0015-09-166
District # 14 - AUS
Code Chart 64 #36750
Project: IH 35 Frontage Roads
Federal Highway Administration
CFDA # 20.205
Not Research and Development
4. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of any needed right of way
or real property, unless the State agrees to participate in the provision of right of way under the
procedures described herein as parts A and B of this provision.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property.
All parties to this agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions
relating to incidental expenses incurred by the property owners in conveying the real property to
the Local Government, and benefits applicable to the relocation of any displaced person as defined
in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and
made available to the State and its representatives for review and inspection.
AFA—AFA Amend Page 3 of 3 Revised 04/08/11
JrDepartment Of Transportation
P.O. DRAWER 15426 AUSTIN, TEXAS 78761-5426 (512) 832-7000
June 25, 2014
City of Round Rock
CSJ: 0015-09-166
IH 35 Frontage Road Upgrades and Ramp Reconfiguration
The Honorable Alan McGraw
Mayor of Round Rock
221 E Main Street
Round Rock, Texas 78664
Dear Mayor McGraw
With the addition of $7,000,000 of CAMPO funds for construction, it is necessary to
amend the original Voluntary Advanced Funding Agreement, executed February 1,
2012 by removing the Local Governments participation for construction. Also, a new
Advanced Funding Agreement was created with all preliminary engineering remaining
the Local Government responsibilities, but all construction funding being the States
responsibilities.
Please print two copies of each document, sign, date and return by mail to my attention
at the address listed above for further execution. An executed original of both
agreements will be returned for your records.
If you have any questions, please contact me at (512) 832-7116. Your assistance is
appreciated.
Sincerely,
John Jones
Project Delivery Section
Austin District
Attachments
Cc: Mark Jones, P.E., Georgetown Area Engineer, Austin District
An Equal Opportunity Employer