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Texas Department of Transportation <br />Form D-15-131 District Form <br />Page 1 of 2 Rev. 2/97 <br /> <br />STANDARD UTILITY AGREEMENT <br /> Non Federal-aid <br /> <br />COUNTY Hays <br />PROJECT NO. <br />CSJ No. 3379~01-009 <br /> <br />Agreement No. <br /> <br />ACCOUNT NO. <br />HIGHWAY NO. <br /> <br /> CONTRACT NO. <br /> <br />8014-2-24 <br /> <br />FM 3407 <br /> <br />25. <br /> <br />This Agreement by and bem~een the State of Texas, acting by and through the Texas Transportation Commission, <br />hereinafter called the State, and the City_ of San Marcos , hereinafter called the <br />Owner, acting by and through its duly authorized representative, shall be effective on the date of approval and <br />execution by and on behalf of the State. <br /> <br />WHEREAS, the State, has deemed it <br />follows: County Hays <br />1500' southeast of FM 2439 <br /> <br />necessary to make certain highway improvements generally described as <br /> Highway FM 3407 located from <br /> to IH35 ;and, <br /> <br />WHEREAS, this proposed highway improvement will necessitate the adjustment, removal or relocation of certain <br />facilities of Owner as indicated in the following statement of work: <br /> <br />Several sections of 8" and 12" gravity wastewater mains will be relocated to accommodate the widening of FM 3407 <br />and construction of a railroad overpass. <br /> <br />and such work is shown in more detail in Owner's preliminary plans, specifications and cost estimates which are <br />attached hereto and made a part hereof; and, <br /> <br />WHEREAS, the State desires to implement the adjustment, removal or relocation of Owner's facilities by entering <br />into an agreement with said Owner as soon as possible; <br /> <br />NOW, THEREFORE, BE IT AGREED: <br /> <br />The State, subject to the acquisition of such rights or interests as may be deemed necessary along or across Owner's <br />interest in land, ~vill pay to Owner the costs incurred in adjusting, removing or relocating Owner's facilities up to the <br />amount said costs may be eligible for State participation. <br /> <br />The Owner has determined that the method to be used in developing the adjustment, removal or relocation costs shall <br />be as specified for the method checked and described hereafter: <br /> <br />[] (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure <br /> prescribed by the applicable Federal or State regulatory body. <br /> <br />(2) Actual direct and related indirect costs accumulated in accordance with an established accounting <br /> procedure developed by the Owner and approved by the State. <br /> <br />[] (3) An agreed lump sum of $ <br /> attached hereto. <br /> <br />, as supported by the analysis of estimated cost <br /> <br /> <br />