R-04-01-22-14E5 - 1/22/2004RESOLUTION NO. R-04-01-22-Jkl�,ir
WHEREAS, the City of Round Rock has previously entered into an
Advance Funding Agreement ("Agreement") with the Texas Department of
Transportation ("TxDOT") for the North Mays Street sidewalk
construction project ("Project"), and
WHEREAS, by Resolution No. R -03-09-25-14B2, the City Council
approved of Amendment No. 2 to the Agreement to transfer administration
of the construction phase of the Project from TxDOT to the City of
Round Rock, and
WHEREAS, said Amendment No. 2 was subsequently revised by TxDOT,
and the City now wishes to approve of the revised Amendment No. 2, 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.
RESOLVED this 22nd day of January, 2004.
@PFDesktop\::ODMA/WORLDOX/O:/wdox/RESOLUTI/TXDOT.WPD/SC
LE MAXWELL, Mayor
City of Round Rock, Texas
A E T: a4j�j�
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CHRISTINE R. MARTINEZ, City Secretadr
STATE OF TEXAS §
COUNTY OF TRAVIS §
County: Williamson
CSJ: 0015-16-016
Location: BI 35-L
ADVANCE FUNDING AGREEMENT
AMENDMENT #-2
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 Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 29th day of August. 1997 to effectuate their
agreement to construct sidewalks on Texas Avenue to Old Settlers Boulevard in the City of Round Rock Texas; 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 hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
1. The term "Outside Entity" is replaced by the term "Local Government' throughout the agreement.
2. Attachment A, Section 6, Construction Responsibilities, Subsection A. - First sentence of paragraph remove "If the
projects are not let for construction by TxDOT,"
3. Payment Provisions — The Project Costs are estimated at $195,000. The State will reimburse all eligible costs,
upon receipt of appropriate documentation, at 80% of the total submitted, up to the Federal authorized amount of
$80,000. The Local Government shall be responsible for the remaining costs to complete the project.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
EXHIBIT
b
"All
AFA — AFAAmend Page 1 of 2
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT
Name of Local Government
By:
Signature
Printed Name By:
Title
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission 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.
Janice Mullenix
Director of Contract Services
Office of General Counsel
Texas Department of Transportation
Date Date
AFA — AFAAmend Page 2 of 2
DATE: January 16, 2004
SUBJECT: City Council Meeting - January 22, 2004
ITEM: *14.E.5. Consider a resolution authorizing the Mayor to execute Advance
Funding Agreement Amendment No. 2 with the Texas
Department of Transportation for the North Mays Sidewalk
Construction Project.
Resource: Tom Word, Chief of P.W. Operations
Tom Martin, Director of Transportation Services
David Bartels, Transportation Project Manager
History: The City Council through Resolution R -97-06-26-10D gave their
authorization to enter into a funding agreement with the Texas Department
of Transportation for the construction of sidewalks along North Mays Street
from Texas Avenue to Old Settlers Boulevard. Additionally, the City
Council through Resolution R -99-10-28-10E1 authorized the amendment to
the agreement, Advance Funding Agreement Amendment No. 1, to remove
the federal funding expiration limit.
On September 25, 2003, Resolution R -03-09-25-14B2 authorizes an
amendment to the Advance Funding Agreement which is Amendment No.
2, to allow the City to let the contract. The original Amendment No. 2 was
also approved by the TxDOT District Office, but subsequently revised by
the TxDOT Office of General Council. The revision does not change the
intent of the agreement, but simplifies the descriptions of the amendment.
Federal funds are approved in the amount of $80,000.00 (maximum). The
total project cost is estimated at $195,000.00.
Funding:
Cost: No Additional Cost
Source of funds: N/A
Outside Resources: Texas Department of Transportation
Impact/Benefit: This project will improve the mobility and safety of pedestrians on
North Mays Street.
Public Comment: N/A
Sponsor: N/A