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TxDOT: Federal Highway Administration: <br /> CSJ# 0914-33-091 CFDA No. 20.205 <br /> District# 14 CFDA Title Highway Planning and Construction <br /> Code Chart 64# 37950 <br /> Project Name Overlay of Sessom Drive AFA Not Used For Research&Development <br /> 5. Termination of This Agreement <br /> This Agreement shall remain in effect until the Project is completed and accepted by all <br /> parties, unless: <br /> A. The Agreement is terminated in writing with the mutual consent of the parties; <br /> B. The Agreement is terminated by one party because of a breach, in which case <br /> any costs incurred because of the breach shall be paid by the breaching party; <br /> C. The Local Government elects not to provide funding after the completion of <br /> preliminary engineering, specifications, and estimates (PS&E) and the Project <br /> does not proceed because of insufficient funds, in which case the Local <br /> Government agrees to reimburse the State for its reasonable actual costs <br /> incurred during the Project; or <br /> D. The Agreement is terminated by the State because the parties are not able to <br /> execute a mutually agreeable amendment when the costs for Local Government <br /> requested items increase significantly due to differing site conditions, <br /> determination that Local government requested work is ineligible for federal or <br /> state cost participation, or a more thorough definition of the Local Government's <br /> proposed work scope identifies greatly differing costs from those estimated. The <br /> State will reimburse Local Government remaining funds to the Local Government <br /> within ninety (90) days of termination; or <br /> E. The Project is inactive for thirty-six (36) consecutive months or longer and no <br /> expenditures have been charged against federal funds, in which case the State <br /> may in its discretion terminate this Agreement. <br /> 6. Amendments <br /> Amendments to this Agreement due to changes in the character of the work, terms of <br /> the Agreement, or responsibilities of the parties relating to the Project may be enacted <br /> through a mutually agreed upon, written amendment. <br /> 7. Remedies <br /> This Agreement shall not be considered as specifying the exclusive remedy for any <br /> agreement default, but all remedies existing at law and in equity may be availed of by <br /> either party to this Agreement and shall be cumulative. <br /> 8. Utilities <br /> The party named in Article 1, Responsible Parties, under AGREEMENT shall be <br /> responsible for the adjustment, removal, or relocation of utility facilities in accordance <br /> with applicable state laws, regulations, rules, policies, and procedures, including any <br /> cost to the State of a delay resulting from the Local Government's failure to ensure that <br /> utility facilities are adjusted, removed, or relocated before the scheduled beginning of <br /> construction. The Local Government will not be reimbursed with federal or State funds <br /> for the cost of required utility work. The Local Government must obtain advance <br /> approval for any variance from established procedures. Before a construction contract is <br /> let, the Local Government shall provide, at the State's request, a certification stating that <br /> the Local Government has completed the adjustment of all utilities that must be adjusted <br /> before construction is commenced. <br /> AFA LongGen Page 5 of 17 Rev. 04/22/2021 <br />