Res 2014-024/Amendment No. 2 to the Advance Funding Agreement with the State of Texas, CSJ No.0016-09-033, for the Loop 82 Overpass at UPRR Project to modify the requirements for utility relocation, right-of-way acquisition and City cost participation

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CSJ # 0016 -09 -033 District # 14 - Austin Code Chart 64 # 37950 Project: LP 82 Overpass at UPRR Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C -2 PROJECT BUDGET AND DESCRIPTION The Local Government will fund and perform the preliminary engineering for the Project, including the environmental documentation, roadway and bridge design, railroad coordination, right of way maps and utility coordination. The Local Government will also fund 100% of eligible utility adjustments/relocations (without reimbursement from the State). The Local Government's required financial participation share toward right of way land acquisition costs shall be ten (10 %) percent of the cost of the right of way property interests acquired, either through negotiations or eminent domain proceedings. The Local Government shall be allowed a credit of the actual dollar amount of 90% of the eligible utility adjustments/relocations paid for by the Local Government (subject to review and approval by TxDOT's Right of Way Division) against the Local Government's required payment of (10 %) percent share of right of way costs. In the event the amount actually expended by the Local Government for 90% of eligible utility adjustments/relocations should exceed the Local Government 10% share of the right of way land acquisition costs, there will be no refund to the Local Government of such excess amount. The following is an example of how such credit off of the right of way cost participation would be calculated: Assume total cost of all right of way property interests acquired, either through negotiations or eminent domain proceedings was $100,000.00. The Local Government's participation is 10% of this amount or $10,000.00. Assume the total amount expended by the local government for eligible utility adjustments/relocations (and approved by TxDOT review) was $11,000. 90% of this amount equals $9,900, which is allowed as a credit off of the Local Government's required $10,000.00 participation contribution toward actual right of way acquisition costs, so that the Local Government would only need to come up with $100 additional cash payment to TxDOT to cover its share of the right of way costs. If instead the total amount expended (and approved by TxDOTs review) for utility adjustmentslrelocations had been $12,000.00, the 90% of the actual utility costs /adjustments, so the Local Government would not have to pay any additional cash to TxDOT for its Right of Way Cost share. As provided in the agreement wording above, there would be no refund for the amount that 90% of the utility payments exceeded the 10% of the right of way acquisition costs. AFA —AFA Amend Page 1 of 2 Revised 04/08/11