Res 2015-113/approving a professional engineering services agreement between the City and Recreation Engineering & Planning, Inc., for the provision of professional services in connection with the Cross-Town Pathway Trails Project

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CSJ # 0914 -33 -069 Fed.# STP 014(131)TE District # AUS - 14 Code Chart 64 # 02100 Project: Cross -Town Pathway Federal Highway Administration CFDA # 20.205 Not Research and Development A. If the potential termination of the LPAFA is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after the LPAFA is executed, it shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this LPAFA will be appropriately terminated. A project may be eliminated from the program if: 1. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC §11.200 et seq. 2. The implementation of the Project would involve significant deviation from the activities as proposed in the nomination form. 3. The Local Government withdraws from participation in the Project. 4. This is a construction project and construction has not begun by August 31, 2016. 5. This is not a construction project and project activities have not been completed by '20 6. The State determines that federal funding may be lost due to the Project not being implemented and completed. 7. Funds are not appropriated, in which case this LPAFA shall be terminated immediately with no liability to either party. Payment under this LPAFA beyond the current fiscal biennium is subject to availability of appropriated funds. 8. The Local Government fails to attend progress meetings at least twice yearly, as scheduled by the State. 3. Amendments Amendments of this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location The scope of work for the Project, which is shown in Attachment B, the Project Location Map, described in the nomination form and as approved by the Texas Transportation Commission, consists of: constructing an approximately 2 mile long, 10 foot wide lighted pathway that will begin on the west side of IH 35 extending to an existing trail that runs back toward the east. From the west side of IH 35 near the San Marcos Visitor Center, the trail will travel west to the Texas State University Campus Trail on Aquarena Springs and Charles Austin Drive. The Pathway will provide a linkage between the City's Visitor's Center, University's Visitors Center, River System Institute, , numerous parks, commercial downtown, and the high density residential areas. Any project changes proposed must be submitted in writing by the Local Government to the State. Changes may also require an amendment to the LPAFA and the approval of the Federal Highway Administration (FHWA), the State, or the Commission. Any changes AFA —LPAFA TE Page 2 of 13 Rev. 01/17/2014