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Res 2016-110/approving a Local Transportation Project Advance Funding agreement between the City and the State of Texas acting through the Texas Department of Transportation for the Hopkins Street Reconstruction Project (CSJ #0914-33-074) approving the C
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Res 2016-110/approving a Local Transportation Project Advance Funding agreement between the City and the State of Texas acting through the Texas Department of Transportation for the Hopkins Street Reconstruction Project (CSJ #0914-33-074) approving the C
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10/21/2016 9:48:49 AM
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Resolutions
City Clerk - Type
Approving
Number
2016-110
Date
8/2/2016
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CSJ #0914-33-074 <br /> District#14-AUS <br /> Code Chart 64 #37950 <br /> Project: Hopkins Street Reconstruction <br /> Federal Highway Administration <br /> CFDA Title: Highway Planning and Construction <br /> CFDA No.: 20.205 <br /> Not Research and Development <br /> federal award information. The Local Government is responsible for one hundred percent <br /> (100%) of the cost of any work performed under its direction or control before the Federal <br /> spending authority is formally obligated. <br /> B. If the Local Government will perform any work under this contract for which reimbursement will <br /> be provided by or through the State, the Local Government must complete training before <br /> federal spending authority is obligated. Training is complete when at least one individual who <br /> is working actively and directly on the Project successfully completes and receives a certificate <br /> for the course entitled Local Government Project Procedures and Qualification for the Texas <br /> Department of Transportation. The Local Government shall provide the certificate of <br /> qualification to the State. The individual who receives the training certificate may be an <br /> employee of the Local Government or an employee of a firm that has been contracted by the <br /> Local Government to perform oversight of the Project. The State in its discretion may deny <br /> reimbursement if the Local Government has not designated a qualified individual to oversee <br /> the Project. <br /> C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also <br /> provided in Attachment C. Attachment C shows the percentage and estimated dollar amount <br /> to be contributed to the project by federal, state, and local sources. The parties agree that the <br /> LPAFA may be amended from time to time as required to meet the funding commitments <br /> based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other <br /> federal document. <br /> D. The Local Government is responsible for all non-federal and non-state funding, unless <br /> otherwise provided for in this agreement or through amendment of this agreement. Where <br /> Special Approval has been granted by the State, the Local Government shall only in that <br /> instance be responsible for overruns in excess of the amount to be paid by the Local <br /> Government. <br /> E. Prior to the performance of any engineering review work by the State, the Local Government <br /> will pay to the State the amount specified in Attachment C. At a minimum, this amount shall <br /> equal the Local Government's funding share for the estimated cost of preliminary engineering <br /> for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, <br /> the Local Government shall remit its remaining financial share for the State's estimated <br /> construction oversight and construction costs. <br /> F. Whenever funds are paid by the Local Government to the State under this Agreement, the <br /> Local Government shall remit a check or warrant made payable to the "Texas Department of <br /> Transportation." The check or warrant shall be deposited by the State and managed by the <br /> State. Funds may only be applied by the State to the Project. If after final Project accounting <br /> any excess funds remain, those funds may be applied by the State to the Local Government's <br /> contractual obligations to the State under another advance funding agreement with approval <br /> by appropriate personnel of the Local Government. <br /> G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other <br /> directives, including but not limited to outdoor advertising billboards and storm water drainage <br /> facility requirements, are more restrictive than State or Federal Regulations, or if any other <br /> locally proposed changes, including but not limited to plats or replats, result in increased costs, <br /> then any increased costs associated with the ordinances or changes will be paid by the Local <br /> Government. The cost of providing right of way acquired by the State shall mean the total <br /> expenses in acquiring the property interests either through negotiations or eminent domain <br /> AFA-LPAFA_ShortGen.doc Page 3 of 10 Revised 04/29/2016 <br />
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