Res 2026-067 approving an Advanced Funding Agreement with the State of Texas, acting through the Texas Department of Transportation for a Transportation Alternatives Set-Aside Project in the amount $2,343,000.00 for the Cape Street Reconstruction

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TxDOT: Federal Highway Administration: CCSJ# 0914-33-117 1 AFA ID Z00012688 CFDA No. 20.205 AFA CSJs 0914-33-117 CFDA Title Highway Planning and Construction District# 14 Code Chart 64# 37950 Project Name Cape St SUP AFA Not Used For Research&Development All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Local Government Project Coordinator 7901 N. IH-35 Austin, Texas 78753-6602 All invoicing, payment, and project inquiries must include the following information: County: Hays County Local Government: City of San Marcos CSJ No.: 0914-33-117 Project Name: Cape St Recon & SUP Highway or Roadway: Cape St 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or Page 12 of 18 AFA TASA Rev. 1/23/2024