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CSJ #0914 -33 -028 <br />District # 14 <br />Code Chart 64 #37950 <br />Cape Road at San Marcos River <br />NBI Structure #1410601300158001 <br />The required Local Government participation is based solely upon the State's estimate <br />of the eligible work at the time this Agreement is executed and will not be adjusted <br />during construction except as needed to include any Project cost item or portion of a <br />cost item ineligible for state or federal participation. In addition to its share of <br />estimated direct engineering and construction costs, the Local Government is <br />responsible for the direct cost of any project cost item or portion of a cost item that is <br />not eligible for federal participation under the federal HBRRP. <br />The Local Government is also responsible for any cost resulting from changes made at <br />the request of the Local Government. <br />d. After execution of this Agreement, but thirty (30) days prior to the performance of any <br />work by the State, the Local Government will remit a check or warrant made payable to <br />the "Texas Department of Transportation" in the amount specified in Attachment D for <br />the Local Government's contribution for preliminary engineering. The Local <br />Government will pay at a minimum its funding share for this estimated cost of <br />preliminary engineering. <br />e. Forty -five (45) days prior to the date set for receipt of the construction bids, the Local <br />Government shall remit its remaining financial share for the State's estimated <br />construction oversight and construction costs and any other costs owing. <br />f. If at the completion or termination of the Project the State determines that additional <br />funding is required by the Local Government, the State shall notify the Local <br />Government in writing. The Local Government shall make payment to the State within <br />thirty (30) days from receipt of the State's written notification. <br />g. Upon completion of the Project, the State will perform an audit of the Project costs. <br />Any funds due to the Local Government, the State, or the Federal Government will be <br />promptly paid by the owing party. <br />h. The State will not pay interest on any funds provided by the Local Government. <br />i. The Local Government funding participation responsibilities include Project direct <br />costs only, except when the Project is terminated before completion at the request of the <br />Local Government as addressed in the Termination provision of this Agreement. <br />j. If the Project has been approved for a "fixed price" or an "incremental payment" non- <br />standard funding or payment arrangement under 43 TAC § 15.5 2, this Agreement will <br />clearly state the amount of the fixed price or the incremental payment schedule. <br />k. Under the provisions of Texas Transportation Code Section 222.053 certain counties <br />qualify as Economically Disadvantaged Counties (EDC) in comparison to other <br />counties in the state as below average per capita property value, and below average per <br />capita income, and above average unemployment, for certain years. If applicable, in <br />consideration of such EDC status that may be applicable for the Project, the required <br />local match fund participation has been adjusted to N/A percent. <br />1. The State will not execute the contract for the construction of a Project until the <br />required funding has been made available by the Local Government in accordance with <br />this Agreement. <br />Bridge- Bridge_AFA Page 5 of 15 Bridge Division <br />Rev 04/17/06 10- 2002 -L.1 <br />