Res 2021-031/Advanced Funding Agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation (TxDOT) for utility betterments along IH35 from south of SH 80

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CSJ #0016-03-114 ROW CSJ #0016-03-115 U#15694, Utility ID# 000000284 District #14 -Austin Code Chart 64 #37950 Project: IH 35 at SH 123, from South of SH 80 to North of RM 12 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES 1. Description of the Work Items The parties agree that the existing water lines and wastewater lines shall be relocated and adjustments shall be made along IH 35 from south of SH 80 to north RM 12. The water line and wastewater line facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $2,708,686.46. The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. 2. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the water line and wastewater line items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility. 3. Schedule of Payments A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility shall remit its remaining financial share for the State's estimated construction oversight and construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $185,195.28. (See Attachment B — Estimated Utility Costs) B. In the event the State determines that additional funding is required by the Utility at any time during the Project, the State will notify the Utility in writing. The Utility is responsible for one hundred percent (100%) of the authorized project cost and any overruns. The Utility will make payment to the State within thirty (30) days from receipt of the State's written notification. C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by the State and managed by the State. Until the final Project accounting, funds may only be applied by the State to the Project. D. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Utility, the State, or the Federal Government will be promptly paid by the owing party. 4. Work Responsibilities [The following list is for illustrative purposes only. The contracting district/division is responsible for allocating each party's responsibilities within the agreement.] A. The Utility shall provide the following services under this contract: AFA Utility Page 1 of 3 Attachment A