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CSJ # 0016 -09 -033 <br />RCSJ # 0016 -09 -035 <br />District #14 - Austin <br />Code Chart 64 #37950 <br />Project: Lp 82 UPRR Overpass <br />ATTACHMENT A <br />PAYMENT PROVISION AND WORK RESPONSIBILITIES <br />1. Description of the Work Items <br />The parties agree that the existing waterline facilities shall be relocated and adjustments shall <br />be made along Lp 82 from Thorpe Lane to Charles Austin Drive. The waterline facilities shall <br />be owned, operated, and maintained by Utility from and after completion and final acceptance <br />by the State and Utility. The estimated total construction cost for the relocated and adjusted <br />facilities is $1,218,790. The parties agree that it is their intent to complete the relocation <br />improvements within this estimate of cost. <br />2. Actual Cost Agreement <br />Utility will be responsible for paying all costs associated with the planning, specification, and <br />estimate (PS &E) development, and construction of the proposed utility work to the extent such <br />is not reimbursed pursuant to state law. All the costs associated with construction of the <br />waterline facility items for the Project shall be provided as defined under the Standard Utility <br />Agreement, Utility Joint Use Agreement, and /or the Agreement to Contribute Funds executed <br />between the State and Utility. <br />3. Schedule of Payments <br />A. At least forty -five (45) days prior to the date set for receipt of the construction bids, the Utility <br />shall remit its remaining financial share for the State's estimated construction oversight and <br />construction costs. Utility must advance to the State one hundred percent (100 %) of its <br />share of the estimated Project utility construction costs. The amount to be advanced for the <br />utility improvements is estimated to be $ 1,218,790. (See Attachment B — Estimated Utility <br />Costs) W <br />B. In the event the State determines that additional funding is required by the Utility at any time <br />during the Project, the State will notify the Utility in writing. The Utility is responsible for one <br />hundred percent (100 %) of the authorized project cost and any overruns. The Utility will <br />make payment to the State within thirty (30) days from receipt of the State's written <br />notification. <br />C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will <br />remit a warrant made payable to the "Texas Department of Transportation Trust Fund." The <br />warrant will be deposited by the State in an escrow account to be managed by the State. <br />Until the final Project accounting, funds in the escrow account may only be applied by the <br />State to the Project. <br />D. Upon completion of the Project, the State will perform an audit of the Project costs. Any <br />funds due by the Utility, the State, or the Federal Government will be promptly paid by the <br />owing party. <br />4. Work Responsibilities <br />A. The Utility shall provide the following services under this contract: <br />i. Responsible for engaging the services of a Texas Registered Professional Engineer to <br />prepare drawings and technical specifications for waterline relocations and <br />adjustments along Loop 82 UPRR Overpass from Thorpe Lane to Charles Austin <br />Drive. <br />AFA —AFA Utility Page 1 of 3 Attachment A <br />