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: CCSI# 0914-33-117 1 AFA ID Z00012688 CFDA No. 20.205 AFA CS1s 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 with access to any information the state auditor considers relevant to the investigation or audit. P. State will not pay interest on any funds provided by Local Government. Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County (EDC) or the State or MPO selected project meets the State's or MPO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— 11.418. Page 5 of 18 AFA TASA Rev. 1/23/2024