Res 2006-096 - Laserfiche WebLink

Home Browse Search

TxDOT Contract No. PT 2005-001-01 cash contributions from each source of funding. The Department will pay for only those Project costs that have been approved by the Texas Transportation Commission. b. The Department is responsible only for securing the funding specifically identified as the responsibility of the Department on Attachment C and will make that funding available to the Developer as set forth in Attachment C. Unless this agreement is amended, the Department will not be responsible for any funding in excess of the maximum identified on Attachment C. c. The Developer shall be responsible for all costs associated with the Project that are not shown as the responsibility of the Department. The Developer shall be responsible for all overruns in excess of the estimated cost shown in Attachment C unless this agreement is amended. d. The Department may audit the Project at any time in good faith for the purpose of ensuring compliance with the provisions of this agreement. Upon completion of the Project, the Department or an independent auditor approved by the Department, at the Department's option, may perform an audit of the Project costs. Any funds due to the Developer, the Department, or others shall be paid by the owing party within thirty (30) days after notification that funds are due. e. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract 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. An entity that is subject of an auditor investigation must provide that state auditor with access to any information the state auditor considers relevant to the investigation or audit. 5. Environmental Studies and Mitigation Development of the Project shall comply with all applicable federal and state environmental laws, including the National Environmental Policy Act of 1969, the National Historic Preservation Act of 1966, the Clean Water Act, the Endangered Species Act, 43 TAC ~2.50, and Natural Resources Code, Chapter 191. a. The Developer is responsible for the identification and assessment of any environmental issues associated with the development of the Project to the extent permitted by 43 TAC ~2.50 and 23 CFR Part 771. The Department and FHWA will independently evaluate all environmental documents and will fulfill all responsibilities assigned to them by 23 CFR Part 771. b. Unless otherwise specified in Attachment D and except to the extent that the Department will have already met environmental requirements on the date this agreement is executed, the Developer is responsible for the cost of all environmental permitting, mitigation, remediation, and compliance. c. Unless otherwise specified in Attachment D, the Developer is responsible for providing for all public meetings and public hearings required for development of the environmental decision; for preparation of the public meeting and public hearing summary and analysis; for comment and response reports; and for certifying that a hearing has been held in accordance with 43 TAC ~2.43, the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987. Public hearings will be held in compliance with all applicable federal and state laws. Public hearings may not be held before environmental document approval is received or before approval of the schematic for any highway improvement that is part of the Project. Page 2 of 10