Res 2020-085/approving an Advanced Funding Agreement with the State of Texas, acting through the Texas Department of Transportation (CSJ No. 0016-02-149) for the Water and Electric Utility Relocation project from Interstate Highway 35 from North of River

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DocuSign Envelope ID: 54099DA3-ABOB-466D-9937-AB1644FODAB2 CSJ # 0016-02-149 ROW CSJ #0016-02-159 District # 14 — Austin U#14931 Code Chart 64 # 37950 Project: IH35 from North of River Ridge Parkway to Loop 82 ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation's South Travis Area Office. iii. Secure all necessary permitting as may be required for the installation of the water and electric facilities. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed water and electric facilities during construction, and the relocation of water and electric facilities and connection of services to customers. v. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing water and electric facilities during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. X. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. A. Coordinate all construction activities performed by Utility's staff for the relocations and adjustments through the Project Engineer. B. The State shall provide the following services under this contract: i. Combine the water and electric facilities adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction -related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. V. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and AFA Utility Page 2 of 3 Attachment A