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CSJ #0366-01-081 <br />ROW CSJ #0366-01-083 <br />District #14 AFA ID UAFA-14-001 <br />Utility ID # 000014034 <br />Code Chart 64 #37950 <br />Project: SH 123 at De Zavala Drive <br />Responsibilities, also specifies those Project items of work that are the responsibility of <br />Utility and will be carried out and completed by Utility, at no cost to the State. The Utility <br />shall be responsible for costs that are shown on Attachment B, Estimated Utility Costs, <br />which is attached to and made a part of this agreement. <br />B. If the Utility will perform any work under this contract for which reimbursement will be <br />provided by or through the State, the Utility must complete training before a letter of <br />authority is issued. Training is complete when at least one individual who is working <br />actively and directly on the Project successfully completes and receives a certificate for the <br />course entitled Local Government Project Procedures and Qualification for the Texas <br />Department of Transportation. The Utility shall provide the certificate of qualification to the <br />State. The individual who receives the training certificate may be an employee of the Utility <br />or an employee of a firm that has been contracted by the Utility to perform oversight of the <br />Project. The State in its discretion may deny reimbursement if the Utility has not designated <br />a qualified individual to oversee the Project. <br />C. Payment under this contract beyond the end of the current fiscal biennium is subject to <br />availability of appropriated funds. If funds are not appropriated, this contract shall be <br />terminated immediately with no liability to either party. <br />3. Termination <br />A. This agreement may be terminated in the following manner: <br />1. By mutual written agreement and consent of both parties; <br />2. By either party upon the failure of the other party to fulfill the obligations set forth in this <br />agreement; or <br />3. By the State if it determines that the performance of the Project or utility work is not in <br />the best interest of the State. <br />B. If the agreement is terminated in accordance with the above provisions, Utility will be <br />responsible for the payment of Project costs incurred by the State on behalf of Utility up to <br />the time of termination. <br />4. Right of Access <br />If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized <br />representative access to the site to perform any activities required to execute the work. <br />5. Adjustments Outside the Project Site <br />Utility will provide for all necessary right of way and utility adjustments needed for performance <br />of the work on sites not owned or to be acquired by the State. <br />6. Responsibilities of the Parties and Indemnity <br />Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in <br />a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or <br />employees during the performance of the work on the Project. To the extent permitted by law, <br />Utility agrees to indemnify and hold harmless the State, its agents and employees, from all <br />suits, actions, or claims and from all liability and damages for any and all injuries or damages <br />AFA Utility Page 2 of 5 Revised 04/23/2021 <br />