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Res 2023-002/approving an Advanced Funding Agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation (TxDOT) providing for waterline relocation
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Res 2023-002/approving an Advanced Funding Agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation (TxDOT) providing for waterline relocation
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10/9/2024 3:19:00 PM
Creation date
1/17/2023 11:06:51 AM
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Resolutions
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Approving
Number
2023-02R
Date
1/3/2023
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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 />ATTACHMENT A <br />PAYMENT PROVISION AND WORK RESPONSIBILITIES <br />1. Description of the Work Items <br />The parties agree that the existing water line shall be relocated and adjustments shall be made <br />along SH 123. The City of San Marcos facilities shall be owned, operated, and maintained by <br />Utility from and after completion and final acceptance by the State and Utility. The estimated <br />total construction cost for the relocated and adjusted facilities is $338,834.00. The parties <br />agree that it is their intent to complete the relocation 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 water <br />line items for the Project shall be provided as defined under the Standard Utility Agreement, <br />Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the <br />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 $ 338,834.00. (See Attachment B — Estimated Utility <br />Costs) <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." The warrant <br />will be deposited by the State and managed by the State. Until the final Project accounting, <br />funds may only be applied by the 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 SH 123 at De Zavala Drive. <br />ii. Provide the plans and specifications to the State to include in the current planning <br />specifications and estimate package being prepared by representatives of the Texas <br />Department of Transportation's South ,Travis Area Office. <br />AFA Utility Page 1 of 3 Attachment A <br />
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