Res 2014-023/Advanced funding agreement with the State of Texas that provides for the relocation of City Waterline Facilities at a cost to the city of $1,218,790.00 in connection with the Loop 82/UPRR Overpass Project

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CSJ # 0016 -09 -033 RCSJ # 0016 -09 -035 District #14 - Austin Code Chart 64 #37950 Project: Lp 82 UPRR Overpass STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation ( "State ") and City of San Marcos ( "Utility "), WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §227.015, and Transportation Code §203.092 authorize the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, Texas Transportation Commission Minute Order Number 113675 authorizes the State to undertake and complete a highway improvement generally described as: Loop 82 UPRR Overpass from Thorpe Lane to Charles Austin Drive ( "Project "); and, WHEREAS, Utility possesses facilities that are affected by the above mentioned highway improvement and Utility, and the State agrees that it is more economical or efficient for such relocation to be effected by including said contract in the State's highway construction contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the State and Utility do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and Utility will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which are eligible for relocation reimbursements or for which Utility has requested and has agreed to pay for as described in Attachment A - Payment Provision and Work Responsibilities, which is attached to and made a part of this contract. In addition to identifying those items of work to be paid for by payments to the State, Attachment A - Payment Provision AFA —AFA Utility Page 1 of 5 Revised 01/23/2013