33.Costs for upgrading and widening State Highway 24

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Finance SIB # Sulphur River Regional Mobility Authority (Delta, Hunt, and Lamar Counties) paragraph B of this article requesting the transfer of the SIB Loan proceeds to the Authority, then this Agreement shall be terminated pursuant to Article 5 hereof and shall be null and void. Article 2. Project Description The State and the Authority together are developing a State highway project widening the remaining 10.4 mile portion of State Highway 24 from a 2-lane highway to a 4-lane divided highway from the Hunt-Delta County line to the City of Cooper, Texas. The Project is estimated to cost $38,584,269.00 which the Authority will be responsible for the right of way acquisition and utility relocation and the State is responsible for the total construction and maintenance cost of the Project. Article 3. Project Responsibilities A. The SIB loan proceeds are secondary funds (as that term is used in 43 TAC Chapter 6) derived from the federally-authorized state infrastructure bank program. With respect to its work on the Project, the Authority is required to comply with the requirements with United State Code, Title 23, for federal aid highways. The Authority must conduct all right of way or other land acquisitions, relocations, and utility adjustments in accordance with the United States Code, Title 42 - The Public Health and Welfare, Chapter 61 - Uniform Relocation Assistance and Real Property Acquisition Policies For Federal and Federally Assisted Programs (the "Uniform Act") and the regulations issued there under. B. The Authority is responsible for contracting for and funding all Project costs as outlined in Article 2 of this Agreement, in compliance with all applicable federal, state, and local laws, regulations, policies, and ordinances. The State has certain review and approval rights and responsibilities related to the Project as prescribed by this Agreement, including ensuring that the completion of the Project is performed in compliance with all applicable laws, regulations, and policies. C. All plans and specifications for the Project shall be in compliance with the current editions of the design and construction manuals of the Department, and the Standard Specifications for the Construction and Maintenance of Highways, Streets, and Bridges (the "Standard Specifications"), as they may apply. All construction plans shall be signed and dated by a professional engineer licensed by the State. D. The actions and decisions regarding the Project made by the State shall not be contestable by the Authority. E. The Authority shall provide the State and the Federal Highway Administration, or their authorized representatives, with right of entry or access to all properties or locations necessary to perform the work for the Project, inspect the work, or otherwise aid in the prompt pursuit of the work. The Authority shall also provide the State, the Federal Highway Administration, the Comptroller General of the United States, and the Texas State Auditor's Office, or their authorized representatives, with right of access to any books, documents, papers, or other records of the Authority which are pertinent to the acquisition of the right-of-way, relocation of utilities, or to its financing as described in this Agreement, in order to make audits, examinations, excerpts, and transcripts, or to complete the Project accounting described in Article 4 of this Agreement. 95447991.8 Paget 9 tY