Common use of Local Project Sources and Uses of Funds Clause in Contracts

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment CB, Local On-System Improvement Project Budget (Attachment CB), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. B. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C B shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. B. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. B. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C B by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C B is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C.B. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.or

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 6 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior X. Xxxxx to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 18 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior X. Xxxxx to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.or

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 6 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 24 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown will be clearly stated in Attachment Cthe local project agreement. The expected cash contributions from the federal, state, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this AgreementGovernments or other parties will be clearly stated. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project only those project costs performed that have been approved by the Texas Transportation Commission. A project cost estimate showing the estimated contributions in kind or managed by Local Government under this Agreement. B. Attachment C shows in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the Project project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way)property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project local project costs. C. . The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local government on a cost basis. The Local Government shall will be solely responsible for all of its non-federal or non-State participation costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost Project, including any overruns for the Project in excess of the estimated amount to be paid by approved local project budget, unless otherwise provided for in the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costsLPAFA. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the Following execution of an amendment to this Agreement. D. Prior the LPAFA, but prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall will remit a check or warrant made payable to the “Texas Department of Transportation” or may use Transportation “ in the State’s Automated Clearing House (ACH) system for electronic transfer of funds amount specified in accordance with instructions provided by TxDOT’s Financial Management Divisionthe LPAFA. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on pay at a minimum its funding share for the Project within 12 months after execution estimated cost of preliminary engineering for the project, unless otherwise provided for in the LPAFA. Sixty (60) days prior to the date set for receipt of the Agreement. G. construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction costs, unless otherwise provided for in the LPAFA. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will complete construction and receive make payment to the State within thirty (30) days from receipt of the State’s acceptance written notification, unless otherwise provided for in the LPAFA. Upon completion of the project within 36 months after the date Project, the State authorizes in writing for will perform an audit of the local project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. The State will not pay interest on any funds provided by the Local Government. If a waiver has been granted, the State will not charge the Local Government to commence construction for the indirect costs the State incurs on the local project, unless this agreement is terminated at the request of the Project. H. If the Local Government chooses not prior to completion of the project. If the local project has been approved for a “fixed price” or fails to complete the work once construction on the Project commencesan “incremental payment” non-standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state the amount of the fixed price or the incremental payment schedule. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing arrangement based on this designation. The State may terminate this Agreement will not execute the contract for the construction of a local project until the required funding has been made available by the Local Government in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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 provisionLPAFA.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment CB, Local On-System Improvement Project Budget (Attachment CB), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. B. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C B shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. B. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. B. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C B by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C B is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C.B. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.or

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs.. Draft C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 6 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 18 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.or

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment CB, Local On-System Improvement Project Budget (Attachment CB), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. B. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C B shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. B. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. B. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C B by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C B is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C.B. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 6 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 18 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.or

Local Project Sources and Uses of Funds. A. a. The total estimated cost of the Project is shown will be clearly stated in Attachment Cthe local project agreement. The expected cash contributions from the federal, state, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this AgreementGovernments or other parties will be clearly stated. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project only those project costs performed that have been approved by or managed by Local Government under this Agreementthe Texas Transportation Commission. B. Attachment C shows b. A project cost estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the Project project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way)property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project local project costs. C. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local government on a cost basis. d. The Local Government shall will be solely responsible for all of its non-federal or non-State participation costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by approved local project budget, unless otherwise provided for in the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the LPAFA. e. Following execution of an amendment to this Agreement. D. Prior the LPAFA, but prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall will remit a check or warrant made payable to the “Texas Department of Transportation” or may use in the State’s Automated Clearing House (ACH) system for electronic transfer of funds amount specified in accordance with instructions provided by TxDOT’s Financial Management Divisionthe LPAFA. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on pay at a minimum its funding share for the Project within 12 months after execution estimated cost of preliminary engineering for the project, unless otherwise provided for in the LPAFA. f. Sixty (60) days prior to the date set for receipt of the Agreement. G. The construction bids, the Local Government will complete construction and receive shall remit its remaining financial share for the State’s acceptance estimated construction oversight and construction costs, unless otherwise provided for in the LPAFA. g. Upon completion of the project within 36 months after the date Project, the State authorizes in writing for will perform an audit of the local project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. If a waiver has been granted, the State will not charge the Local Government to commence construction for the indirect costs the State incurs on the local project, unless this agreement is terminated at the request of the Project. H. If the Local Government chooses not prior to completion of the project. j. If the local project has been approved for a “specified percentage” or fails to complete the work once construction on the Project commencesan “incremental payment” non-standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state the amount of the specified percentage or the incremental payment schedule. k. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing arrangement based on this designation. l. The State may terminate this Agreement will not execute the contract for the construction of a local project until the required funding has been made available by the Local Government in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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 provisionLPAFA.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment CB, Local On-System Improvement Project Budget (Attachment CB), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. B. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C B shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs.. DRAFT C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. B. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. B. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C B by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C B is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C.B. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.or

Local Project Sources and Uses of Funds. A. The total estimated cost of the a. Project Cost Estimate: A Project Cost Estimate is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown provided in Attachment C. The State and the Federal Government will pay for no Project costs performed by or managed by not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work performed under this Agreementits direction or control before the federal Letter of Authority is formally issued. B. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows how necessary resources for completing the Project will percentage and absolute dollar amount to be provided contributed to the project by major cost categories. These categories may include but are not limited to: (1) costs of real property (federal, state, and local sources. c. All right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) way Project cost of preliminary engineering and design; (5) overruns shall be shared in the same cost of construction and construction management; and (6) any other Project costsparticipation ratios as apply under this agreement to the applicable cost category. Other overruns are as stated in the MAFA. C. d. The Local Government shall be solely responsible will do the necessary preliminary engineering. For purposes of this agreement, preliminary engineering includes design schematics, property descriptions, parcel plats and right of way maps. e. The State will reimburse the Local Government for all properly supported costs incurred under the terms and conditions of its the agreement. The reimbursement of costs associated with the Project provided for in this Agreementwill only include those applicable federal and State participating funds. The Local Government shall submit the State’s Form 132, billing Statement, or other type of invoice approved by the State. All billing statements or invoices shall be responsible for cost overruns for properly documented, as summarizing the Project in excess costs by description of work performed and other incidental costs. The State will make payment to the Local Government within thirty (30) days from receipt of the estimated amount Local Government’s request for payment, provided that the request is properly prepared, executed and documented. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the services authorized herein or at any time an audit is deemed to be paid in the best interest of the State. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the event the State determines that additional funding is required by the Local Government on Attachment C. at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government shall also be responsible for direct and indirect costs incurred by will make payment to the State related to performance within thirty (30) days from receipt of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreementwritten notification. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “"Texas Department of Transportation” Transportation Trust Fund." The check or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds warrant shall be deposited and by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State and are not refundableto the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. F. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The Local Government will begin construction on cost of providing right of way acquired by the Project within 12 months after execution State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of the Agreementeligible utilities. G. h. The Local Government will complete construction and receive state auditor may conduct an audit or investigation of any entity receiving funds from the State’s 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 project within 36 months after the date the State authorizes in writing for the Local Government to commence construction authority of the Project. H. If state auditor, under the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it determines necessary to protect the interests direction of the Statelegislative audit committee, which includes returning to conduct an audit or investigation in connection with those funds. An entity that is the Project area subject of an audit or investigation must provide the state auditor with access to its original condition any information the state auditor considers relevant to the investigation or completing the work using State forces or contractors. The Local Government shall pay all costs incurred by the State under this provisionaudit.

Local Project Sources and Uses of Funds. A. The total estimated cost of the Project is shown in Attachment CB, Local On-System Improvement Project Budget (Attachment CB), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. B. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C B shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. B. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. B. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State’s waiver of its direct or indirect costs shall be indicated on Attachment C B by showing the State as responsible for these costs. When the Local Government is responsible for the State’s direct or indirect costs, the amount indicated on Attachment C B is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C.B. E. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State’s acceptance of the project within 36 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it 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.