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Res 2009-091
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Res 2009-091
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Last modified
8/14/2009 4:53:21 PM
Creation date
7/28/2009 7:59:01 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-91
Date
7/21/2009
Volume Book
182
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CSJ #0914-33-058 <br />District # 14 <br />Code Chart 64 #37950 <br />LBJ Dr: Hopkins St to University Dr <br />CFDA #20.205 <br />escrow account to be managed by the State. Funds in the escrow account may only be <br />applied by the State to the Project. If, after final Project accounting, excess funds remain in <br />the escrow account, those funds may be applied by the State to the Local Government's <br />contractual obligations to the State under another advance funding agreement. <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 Local Government shall mean <br />the total expenses in acquiring the property interests either through negotiations or eminent <br />domain proceedings, including but not limited to expenses related to relocation, removal, and <br />adjustment of eligible utilities. <br />h. The state auditor may conduct an audit or investigation of any entity receiving funds from the <br />state directly under the contract or indirectly through a subcontract under the contract. <br />Acceptance of funds directly under the contract or indirectly through a subcontract under this <br />contract acts as acceptance of the authority of the state auditor, under the direction of the <br />legislative audit committee, to conduct an audit or investigation in connection with those funds. <br />Any entity that is the subject of an audit or investigation must provide the state auditor with <br />access to any information the state auditor considers relevant to the investigation or audit. <br />13. Document and Information Exchange. The Local Government agrees to electronically deliver to <br />the State all general notes, specifications, contract provision requirements and related <br />documentation in a Microsoft@ Word or similar document. If requested by the State, the Local <br />Government will use the State's document template. The Local Government shall also provide a <br />detailed construction time estimate including types of activities and month in the format required <br />by the State. This requirement applies whether the Local Government creates the documents <br />with its own forces or by hiring a consultant or professional provider. At the request of the State, <br />the Local Government shall submit any information required by the State in the format directed by <br />the State. <br />14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing <br />provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final <br />execution of this LPAFA, unless such MAFA provision is specifically excepted herein. <br />15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any <br />work on State right of way, before beginning work the entity performing the work shall provide the <br />State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the <br />existence of coverage in the amounts and types specified on the Certificate of Insurance for all <br />persons and entities working on State right of way. This coverage shall be maintained until all <br />work on the State right of way is complete. If coverage is not maintained, all work on State right <br />of way shall cease immediately, and the State may recover damages and all costs of completing <br />the work. <br />16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter <br />into this agreement on behalf of the party represented. <br />17. Debarment Certification. The parties are prohibited from making any award at any tier to any party <br />that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal <br />AFA-LPAFA_ShortGen.doc Page 3 of 7 Revised 02/02/2009
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