R-07-02-22-8A2 - 2/22/2007RESOLUTION NO. R -07-02-22-8A2
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 Road
Collector/Distributor and Hesters Crossing Bridge Replacement project
("Project"), and
WHEREAS, by Resolution No. R -05-04-14-14F5, the City Council
approved the Agreement, and
WHEREAS, the City Council desires to enter into Amendment No.
1 to the Agreement with TxDOT to void Attachment A and replace with
Attachment C-1: Project Budget Estimate 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 22nd day of February, 2007.
o. \wdox\RESOGTTI\R7o222A2.wPD/rn,c
ST:.
to
ELL, Mayor
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec�,-tary
2
CSJ #0015-09-150
District #I4 — Austin
Code Chart 64 #36750
I-35 at Hester's Crossing
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, 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 May17, 2005, to effectuate their agreement to
construct a southbound collector -distributor at Hester's Crossing and associated work on Hester's Crossing Bridge,
approaches, frontage roads and ramps on 1-35; 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
Additional participation by the City of Round Rock and added work by the State.
Attachment A, Payment Provisions and Work Responsibilities is voided in its entirety and replaced with Attachment C-1.
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
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
Date
AFA—AFA_Amend
Page 1 of 3 Revised 11/09/05
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.
Name
Title
Date
EXHIBIT "A"
CSJ#0015-09-150
District 414 — Austin
Code Chart 64 #36750
1-35 at Hester's Crossing
Attachment C-1
Project Budget Estimate and Work Responsibilities
The Local Government and State will pay for the cost of the design and construction of a Collector -
Distributor System for southbound traffic at Hester's Crossing, the reconstruction of the existing
Hester's Crossing bridge structure, modifications to the eastern intersection of Hester's at Dell Way,
south to north turnaround structure at Hester's, the northbound widening of the frontage road at
Hester's and the full depth repair of the southbound frontage road including engineering and
contingencies for all of the work. The Local Government's participation is a fixed amount of
$12,815,028 towards the cost of these particular improvements. The project is estimated as follows:
Description
Total
Estimate
Cost
k
Other
Participation
rs
Cost
State
Participation
Cost
Local
Participation
Cost
Construction of Collector -
Distributor System for southbound
traffic; reconstruction of Hester's
Crossing bridge structure,
modifications to eastem
intersection of Hesters at Dell
Way, south to north tumaround
structure at Hester's, northbound
widening of frontage road at
Hester's and full depth repair of
the southbound front. •e road
$21,242,770
Fixed
$500,000
$7,927,742
Fixed
$12,815,028
Construction Engineering (11%-_._..a..)
)
Direct Costs
(including administration and plan
review 3%
$2,336,705
$637,283
0%
0%
$0
$0
100%
100%
Indirect costs will not be applied to the Project.
The Local Government has submitted a check made payable to the Texas Department of
Transportation in the amount of $258,710 to be applied to the cost of the project. The Local
Govemment's remaining balance of costs will be due to the Texas Department of Transportation
Trust Fund only upon receipt of funds from the State Infrastructure Bank in the amount of $16,000,000.00,
as provided below.
$2,336,705
$637,283
0%
0%
$0
$0
AFA—AFA_Amend
Page 2 of 3 Revised 11/09/05
Car #0015-09-150
District #14 —Austin
Code Chart 64 #36750
I-35 at Hester's Crossing
Work Responsibilities
Environmental Requirements
The Local Govemment has prepared the appropriate environmental documentation for the Project.
Preparation and coordination of the environmental documentation has been through the TxDOT
Environmental Coordinator at (512) 225-1346.
To the extent required to complete the Project, the Local Govemment will be responsible for the
mitigation and remediation of any environmental problems associated with the development of the
project. All costs associated with the remediation of the environmental problems will be the
responsibility of the Local Government.
The Local Govemment shall provide to the State written documentation from the appropriate
regulatory agency(s) that all environmental clearances have been obtained prior to beginning of
construction.
Engineering Services
The Local Government shall prepare or cause to be prepared the engineering plans, specifications,
and estimates (P.S.&E.) necessary for the development of the Project. The P.S.&E. shall be
prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the
State.
The engineering plans shall be developed in accordance with the Texas Department of
Transportation Roadway Design Manual, the current edition of the Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility
Standards.
Construction Responsibilities
The State shall add the project as a change order to a previously awarded contract under TxDOT
identifier CSJ 0683-06-015, etc. Construction of the Project shall be in accordance with applicable
TxDOT specifications, procedures and laws.
SUBJECT TO STATE INFRASTRUCTURE BANK APPROVAL
Regardless of anything contained herein to the contrary, this Amendment No. 1 is expressly
contingent upon the approval by the State Infrastructure Bank of an application to be submitted
by the Round Rock Transportation System Development Corporation for financial assistance in
the amount of $16,000,000.00 on terms acceptable to the Local Government. If the aforesaid
application is not approved, then this Amendment No. 1 shall become null and void.
AFA-APA Amend
Page 3 of 3 Revised 11/09/05
DATE: February 15, 2007
SUBJECT: City Council Meeting - February 22, 2007
ITEM: 8.A.2. Consider a resolution authorizing the Mayor to execute an
Advance Funding Agreement Amendment #1 with the Texas
Department of Transportation for the IH 35 Frontage Road
Collector/Distributor and Hesters Crossing Bridge
Replacement.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
TxDOT has negotiated the cost to construct the frontage road collector/distributor
and replace the Hester's Crossing bridge. In addition to this work, TxDOT will fund
and construct a new turnaround bridge, southbound frontage road to northbound
frontage road, and widen the northbound frontage road at Hester's Crossing.
Funding:
Cost: $ 12,815,028 (not exceed amount)
Source of funds: 4B -Round Rock Transportation System Development Corporation
Outside Resources: TXDOT and Huggins/Seiler and Associates, L.P.
Background Information:
These improvements will improve access to businesses, reduce the congestion
created by the closure of two IH 35 exit ramps and two IH 35 entrance ramps, which
was required by the construction of SH 45, and improve traffic flow through the
Hester's Crossing intersections with the frontage roads and BI 35/S. Mays Street.
Funding for these improvements is included in the Transportation Capital
Improvement Program, which is funded by the 1/2 cent sales tax established for the
purpose of transportation system improvements that support economic development.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CSJ #0015-09-150
District #14 — Austin
Code Chart 64 #36750
I-35 at Hester's Crossing
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, hereinafter called the State, and the city of Round Rock, acting by and through its duly authorized
officials, hereinafter called the Local Govemment.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on May17, 2005, to effectuate their agreement to
construct a southbound collector -distributor at Hester's Crossing and associated work on Hester's Crossing Bridge,
approaches, frontage roads and ramps on 1-35; 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 Govemment do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
Additional participation by the City of Round Rock and added work by the State.
Attachment A, Payment Provisions and Work Responsibilities is voided in its entirety and replaced with Attachment C-1.
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.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERN
IT
Na a of
MENT
By:
ature
N /LE l'nflxWELL
Printed Name
/nAy0R,
Title
Date
R-07- a - (2)-3C2)
AFA—AFA_Amend
Page 1 of 3
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
T as Transporta on Comm $ ion.
BY:` ,. Pc
Baa
ame
1) 0 G5
/ itie
Date
Revised 11/09/05
CSJ #0015-09-150
District #14 — Austin
Code Chart 64 #36750
I-35 at Hester's Crossing
Attachment C-1
Project Budget Estimate and Work Responsibilities
The Local Government and State will pay for the cost of the design and construction of a Collector -
Distributor System for southbound traffic at Hester's Crossing, the reconstruction of the existing
Hester's Crossing bridge structure, modifications to the eastern intersection of Hester's at Dell Way,
south to north turnaround structure at Hester's, the northbound widening of the frontage road at
Hester's and the full depth repair of the southbound frontage road including engineering and
contingencies for all of the work. The Local Government's participation is a fixed amount of
$12,815,028 towards the cost of these particular improvements. The project is estimated as follows:
The Local Government has submitted a check made payable to the Texas Department of
Transportation in the amount of $258,710 to be applied to the cost of the project. The Local
Government's remaining balance of costs will be due to the Texas Department of Transportation
Trust Fund only upon receipt of funds from the State Infrastructure Bank in the amount of
$16,000,000 as provided below.
AFA—AFA Amend
Page 2 of 3 Revised 11/09/05
Description
Total
Estimate
Cost
Other
Participation
State
Participation
Local
Participation
%
Cost
%
Cost
%
Cost
Fixed
$500,000
$7,927,742
Fixed
Construction of Collector-
Distributor System for southbound
traffic; reconstruction of Hester's
Crossing bridge structure,
modifications to eastern
intersection of Hester's at Dell
Way, south to north turnaround
structure at Hester's, northbound
widening of frontage road at
Hester's and full depth repair of
the southbound frontage road
$21,242,770
$12,815,028
Subtotal
$21,242,770
$500,000
$7,927,742
$12,815,028
Construction Engineering (11%)
$2,336,705
0%
$0
100%
$2,336,705
0%
$0
Direct Costs
(including administration and plan
review) (1 %)
$212,428
0%
$0
100%
$212,428
0%
$0
Total
Indirart rnete will not hetnrsnIicrl
$23,791,903
+.. +4.,-, n.....;.......4$500'000
$10,476,875
$12,815,028
The Local Government has submitted a check made payable to the Texas Department of
Transportation in the amount of $258,710 to be applied to the cost of the project. The Local
Government's remaining balance of costs will be due to the Texas Department of Transportation
Trust Fund only upon receipt of funds from the State Infrastructure Bank in the amount of
$16,000,000 as provided below.
AFA—AFA Amend
Page 2 of 3 Revised 11/09/05
CSJ #0015-09-150
District #14 — Austin
Code Chart 64 #36750
I-35 at Hester's Crossing
Work Responsibilities
Environmental Requirements
The Local Government has prepared the appropriate environmental documentation for the Project.
Preparation and coordination of the environmental documentation has been through the TxDOT
Environmental Coordinator at (512) 225-1346.
To the extent required to complete the Project, the Local Government will be responsible for the
mitigation and remediation of any environmental problems associated with the development of the
project. All costs associated with the remediation of the environmental problems will be the
responsibility of the Local Government.
The Local Government shall provide to the State written documentation from the appropriate
regulatory agency(s) that all environmental clearances have been obtained prior to beginning of
construction.
Engineering Services
The Local Government shall prepare or cause to be prepared the engineering plans, specifications,
and estimates (P.S.&E.) necessary for the development of the Project. The P.S.&E. shall be
prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the
State.
The engineering plans shall be developed in accordance with the Texas Department of
Transportation Roadway Design Manual, the current edition of the Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges and the Texas Accessibility
Standards.
Construction Responsibilities
The State shall add the project as a change order to a previously awarded contract under TxDOT
identifier CSJ 0683-06-015, etc. Construction of the Project shall be in accordance with applicable
TxDOT specifications, procedures and laws.
SUBJECT TO STATE INFRASTRUCTURE BANK APPROVAL
Regardless of anything contained herein to the contrary, this Amendment No. 1 is expressly
contingent upon the approval by the State Infrastructure Bank of an application to be submitted by
the Round Rock Transportation System Development Corporation for financial assistance in the
amount of $16,000,000 on terms acceptable to the Local Government. If the aforesaid application is
not approved, then this Amendment No. 1 shall become null and void.
AFA—AFA Amend
Page 3 of 3 Revised 11/09/05