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Res 2019-025/approving an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation (CSJ Nos. 0016-09-040 and 0366-01-079), for the Guadalupe Street Improvements Project from University Drive to Grove Street,
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Res 2019-025/approving an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation (CSJ Nos. 0016-09-040 and 0366-01-079), for the Guadalupe Street Improvements Project from University Drive to Grove Street,
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Agreement
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2019-25
Date
2/5/2019
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environmental assessment and remediation; (4) cost of preliminary engineering and <br />design; (5) cost of construction and construction management; and (6) any other local <br />project costs. <br />D. The State will be responsible for securing the State share of the funding required for <br />the development and construction of the local Project. If the Local Government is due <br />funds for expenses incurred, these funds will be reimbursed to the Local Government <br />on a cost basis. <br />E. The Local Government will be responsible for all non -State participation costs <br />associated with the Project, unless otherwise provided for in this Agreement or <br />approved otherwise in an amendment to this Agreement. Where Special Approval has <br />been granted by the State under 43 TAC §15.52, the Local Government shall only in <br />that instance be responsible for overruns in excess of the amount specified in <br />Attachment C to be paid by the Local Government. <br />F. If the Project has been approved for a specified percentage or a periodic payment non- <br />standard funding or payment arrangement under 43 TAC §15.52, the budget in <br />Attachment C will clearly state the specified percentage or the periodic payment <br />schedule. <br />G. When Special Approval has been granted by the State so that the Local Government <br />bears the responsibility for paying cost overruns, the Local Government shall make <br />payment to the State within thirty (30) days from the receipt of the State's written <br />notification of those amounts. <br />H. Prior to the performance of any engineering review work by the State, the Local <br />Government will pay to the State the amount specified in Attachment C. At a minimum, <br />this amount shall equal the Local Government's funding share for the estimated cost of <br />preliminary engineering performed or reviewed by the State for the Project. At least <br />sixty (60) 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 cost. <br />I. The State will not execute the contract for the construction of the Project until the <br />required funding has been made available by the Local Government in accordance <br />with this Agreement. <br />J. Whenever funds are paid by the Local Government to the State under this Agreement, <br />the Local Government shall remit a check or warrant made payable to the "Texas <br />Department of Transportation" or may use the State's Automated Clearing House <br />(ACH) system for electronic transfer of funds in accordance with instructions provided <br />by TxDOT's Finance Division. The funds shall be deposited and managed by the State <br />and may only be applied by the State to the Project. <br />K. The State will not pay interest on any funds provided by the Local Government. <br />L. If a waiver for the collection of indirect costs for a service project has been granted <br />under 43 TAC §15.56, the State will not charge the Local Government for the indirect <br />costs the State incurs on the local Project, unless this Agreement is terminated at the <br />request of the Local Government prior to completion of the Project. <br />M. If the Local government is an Economically Disadvantaged County (EDC) and if the <br />State has approved adjustments to the standard financing arrangement, this <br />Agreement reflects those adjustments. <br />Page 3 of 12 <br />AFA NonFed LongGen Rev. 11/20/2017 <br />
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