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County: <br />District: <br />ROW CSJ # <br />CCSJ # <br />Federal Project # <br />Federal Highway Administration <br />CFDA # <br />Not Research and Development <br />AGREEMENT <br />Hays <br />Austin <br />0016 -09 -035 <br />0016 -09 -033 <br />20.205 <br />1. Agreement Period <br />This agreement becomes effective when signed by the last party whose signing makes the <br />agreement fully executed. This agreement shall remain in effect until the Project is <br />completed or unless terminated as provided below. <br />2. Termination <br />This agreement shall remain in effect until the Project is completed and accepted by all <br />parties, unless: <br />A. The agreement is terminated in writing with the mutual consent of the parties; <br />B. The agreement is terminated by one party because of a breach, in which case any cost <br />incurred because of the breach shall be paid by the breaching party; or <br />C. The Project is inactive for thirty -six (36) months or longer and no expenditures have <br />been charged against federal funds, in which case the State may in its discretion <br />terminate this agreement. <br />3. Local Project Sources and Uses of Funds <br />A. The total estimated cost of the Project is shown in Attachment C, Project Budget <br />Estimate and Payment Schedule, which is attached to and made a part of this <br />agreement. The expected cash contributions from the Federal or State government, <br />the Local Government, or other parties is shown in Attachment C. The Local <br />Government shall contribute to the State the amount shown in Attachment C for its <br />percentage of the total cost of the right of way to be acquired by the State and shall <br />transmit to the State with the return of this agreement, duly executed by the Local <br />Government, a warrant or check for the amount and according to the payment schedule <br />shown in Attachment C. <br />B. In the event that the State determines that additional funding by the Local Government <br />is required at any time during the Project, the State will notify the Local Government in <br />writing. The Local Government shall make payment to the State within thirty (30) days <br />from receipt of the State's written notification. <br />C. If the Local Government will perform any work under this contract for which <br />reimbursement will be provided by or through the State, the Local Government must <br />complete training before federal spending authority is obligated. Training is complete <br />when at least one individual who is working actively and directly on the Project <br />successfully completes and receives a certificate for the course entitled Local <br />Government Project Procedures Qualification for the Texas Department of <br />Transportation. The Local Government shall provide the certificate of qualification to <br />the State. The individual who receives the training certificate may be an employee of <br />the Local Government or an employee of a firm that has been contracted by the Local <br />Government to perform oversight of the Project. The State in its discretion may deny <br />Agreement to Contribute ROW Funds Page 2 of 11 Revised 08/30/2011 <br />