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CSJ # 2293 -01 -024 <br />District # 14 - Austin <br />Code Chart 64 # 37950 <br />Project: Widen FM 2439: From Wonder <br />World Drive to Bishop St. <br />Federal Highway Administration <br />CFDA # 20.205 <br />Not Research and Development <br />B. The State will use its approved contract letting and award procedures to let and award the <br />construction contract. <br />C. Prior to their execution, the Local Government will be given the opportunity to review and <br />comment on contract change orders that will result in an increase cost of more than 10% to <br />the Local Government over the Project Agreement (Low Bid) amount. Response to the <br />change order by the Local Government will be within 5 business days of the notification by <br />TxDOT. <br />D. Upon completion of the Project, the party constructing the Project will issue and sign a <br />"Notification of Completion" acknowledging the Project's construction completion. <br />E. For federally funded contracts, the parties to this agreement will comply with federal <br />construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR <br />Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding <br />documents. If force account work will be performed, a finding of cost effectiveness shall be <br />made in compliance with 23 CFR 635, Subpart B. <br />12. Project Maintenance <br />The Local Government shall be responsible for maintenance of locally owned roads after <br />completion of the work and the State shall be responsible for maintenance of state highway <br />system after completion of the work if the work was on the state highway system, unless <br />otherwise provided for in existing maintenance agreements with the Local Government. <br />13. Right of Way and Real Property <br />A. Right of way and real property acquisition shall be the responsibility of the Local <br />Government. Title to right of way and other related real property must be acceptable to <br />TxDOT before funds may be expended for the improvement of the right of way or real <br />property. <br />B. If the Local Government is the owner of any part of the Project site under this agreement, <br />the Local Government shall permit TxDOT or its authorized representative access to <br />occupy the site to perform all activities required to execute the work. <br />C. All parties to this agreement will comply with and assume the costs for compliance with all <br />the requirements of Title II and Title III of the Uniform Relocation Assistance and Real <br />Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including <br />those provisions relating to incidental expenses incurred by the property owners in <br />conveying the real property to the Local Government, and benefits applicable to the <br />relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation <br />to support such compliance must be maintained and made available to TxDOT and its <br />representatives for review and inspection. <br />D. The Local Government shall assume all costs and perform necessary requirements to <br />provide any necessary evidence of title or right of use in the name of the Local Government <br />to the real property required for development of the Project. The evidence of title or rights <br />shall be acceptable to TOOT, and be free and clear of all encroachments. The Local <br />Government shall secure and provide easements and any needed rights of entry over any <br />other land needed to develop the Project according to the approved Project plans. The <br />Local Government shall be responsible for securing any additional real property required <br />for completion of the Project. <br />AFA- AFA_LongGen Page 6 of 13 Revised 05/06/2011 <br />