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Res 2007-202
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Res 2007-202
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1/22/2015 4:41:37 PM
Creation date
11/21/2007 9:22:10 AM
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City Clerk
City Clerk - Document
Resolutions
Number
2007-202
Date
11/20/2007
Volume Book
173
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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 #141060800158001 <br />m. The state auditor may conduct an audit or investigation of any entity receiving funds <br />from the state directly under the contract or indirectly through a subcontract under the <br />contract. Acceptance of funds directly under the contract or indirectly through a <br />subcontract under this contract acts as acceptance of the authority of the state auditor, <br />under the direction of the legislative audit committee, to conduct an audit or <br />investigation in connection with those funds. <br />An entity that is the subject of an audit or investigation must provide the state auditor <br />with access to any information the state auditor considers relevant to the investigation <br />or audit. <br />14. Performance by Local Government of Equivalent -Match Projects (EMPs) in Return <br />for Waiver of Local Match Participation Funding on Participation - Waived Projects <br />(PWPs) <br />a. Applicability. If a request for waiver has been received and approved by the State's <br />District Engineer, then the required ten percent matching fund participation or percent <br />as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct <br />Costs ", but excluding ineligible costs under the bridge program, is waived. This waiver <br />is based on the commitment of the Local Government to spend an equivalent amount of <br />funds for structural or safety improvement on "other" bridge structures and other <br />conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the <br />Project shall be defined to be a Participation - Waived Project (PWP) and the work on <br />the "other" bridge structures that will be improved by the Local Government shall be <br />defined to be the Equivalent -Match Project(s) (EMP). Attachment C to this Agreement <br />shows a list of EMP(s) under this Agreement. <br />b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated <br />direct preliminary engineering, construction engineering and construction costs for the <br />PWP in total and local match fund participation being waived, or partially waived. <br />c. Credit Against EMP Work. Any local match fund participation that has already been <br />paid, or which the Local Government is agreeable to paying to the State, will be <br />credited against EMP work to be performed by the Local Government. If applicable, <br />this credit(s) will be reflected in Attachment D to this Agreement. <br />d. Responsibilities of the Local Government on EMP(s). <br />(1) The Local Government shall be responsible for all engineering and construction, <br />and related costs thereto, and complying with all applicable state and federal <br />environmental regulations and permitting requirements. <br />(2) The structural or safety improvement work on the EMP(s) shall be performed <br />subsequent to the final execution of this Agreement but within three (3) calendar <br />years after the earliest contract award of the related PWP(s). <br />(3) Written documentation, suitable for audit, of the structural or safety improvement <br />work completed on the EMP(s) shall be kept on file by the Local Government for <br />four (4) years after completion of work or claims, lawsuits, or audits related <br />thereto, whichever is longer. A notice of completion of work on the EMP(s) shall <br />Bridge- Bridge_AFA Page 6 of 15 Bridge Division <br />Rev 04/17/06 10- 2002 -L.1 <br />
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