Res 2024-131 authorizing a Local On-System Agreement (“LOSA”) with the Texas Department of Transportation, relating to the Briarwood and River Ridge Drainage Improvement Project

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CSJ# 0016-02-176 District# 14 Code Chart 64# 37950 Project Name Briarwood and River Ridge Drainage Improvements determines necessary to protect the interests of the State, which includes returning the Project area to its original condition or completing the work using State forces or contractors. The Local Government shall pay all costs incurred by the State under this provision. 4. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by the State, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The State terminates the Agreement in writing due to the Local Government's failure to comply with paragraphs 3.F or 3.G; or C. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party. 5. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. Amendments may not include the addition of State or Federal funds. If any funds other than Local Government funds are proposed, this Agreement must be terminated and a new agreement with appropriate terms and clauses executed in its place. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. The Project design shall, at a minimum conform to applicable State manuals. The State shall review the plans, specifications, and estimates provided by the Local Government upon completion or at any time deemed necessary by the State. Should the State determine that the complete plans, specifications, and estimates for the Project are not acceptable, the Local Government shall correct the design documents to the State's satisfaction. Should additional specifications or data be required by the State, the Local Government shall redesign the plans and specifications to the State's satisfaction. The costs for additional work on the plans, specifications, and estimates shall be borne by the Local Government. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The Local Government is responsible for: Page 3 of 7 LOSA Revised 07/28/2023