O-2003-2639 Safe Routes to School Program Advance Funding Agreement with TXDOT

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C. A Project may be eliminated from the program as outlined below. If the 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: i. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC 925.500 et seq. II. The implementation of the Project would involve significant deviation from the activities as proposed in the application. iii. The Local Government withdraws from participation in the Project. iv. The State determines that federal funding may be lost due to the Project not being implemented and completed. 3. Amendments This Agreement may be amended due to changes in the work or amount of funding required to complete the Project or other material, required changes in the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 4. Scope of Work The scope of work for the Project, which is at the location shown in Attachment 8, Project Location Map, as described in the application and as approved by the Texas Transportation Commission, consists of preparation and construction of a bicycle pedestrian pathway along the aforementioned state highway rights of way from Fairmont Parkway on the northern end, to Fairmont Street on the southern end: providing separation from vehicular traffic; constructing a separate bridge structure at the Business SH146 crossing of Uttle Cedar Bayou. 5. Right of Way and Real Property Acquisition Right-of-way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of the project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. AF A - Safe Rts2School Page 3 of 13