Res 2023-093R/Approving advance funding with TxDOT for construction safety Loop 82 Sessom Drive

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TxDQT Code Chart 64 # 1 37950 Project Name I Sessom Dr - Alamo St. to University Dr Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research &Development the Project. At least sixty (60) days priorb}the date set for receipt ofthe construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J The State will not execute the contract for the construction ofthe Project uDti|tha required funding has been made available bythe Local Government in accordance with this Agreement. K Whenever funds are paid bythe Local Government t0the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided byTx[>OT'SFinance Division. The funds shall bedeposited and managed bythe State and may only baapplied bythe State tothe Project. L. The State will not pay interest on any funds provided by the Local Government. M. |f8waiver for the collection ofindirect costs for service project has been granted under 43TAC §15.50.the State will not charge the Local Government for the indirect costs the State iOCUre on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoiCe, in afornl and containing all items required by the State, no more frequently than monthly and OOlater than ninety (9O) days after costs are incurred. |fthe Local Government submits invoices more than ninety (9O)days after the costs are incurred and if federal funding is reduced as a result, the State shall have noresponsibility t0reimburse the Local Government for those costs. P. Upon completion ofthe Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due bythe Local Government, the State, o[the federal government for these work items will be promptly paid bythe owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance offunds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Anentity that iSthe subject Vfanaudit Orinvestigation must provide the state auditor with aoCeaa to any information the state auditor considers relevant tVthe investigation Oraudit. R. Payment under this Agreement beyond the end ofthe current fiscal biennium i8 subject t0availability Ofappropriated funds. |ffunds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. AFA LongGen Page 4 of 17 Rev. 12/10/2021