2014-023 - Authorizing and approving an advance funding agreement (AFA) through the Texas department of transportation for a transportation enhancement project CSJ #0901-29-079 described as west Paris multi-use trail project; Repealing Resolution 2014-019

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CSJ #0901 -29 -079 Fed.# STP2014(095)TE District # 01 PAR Code Chart 64 #50139 Project: West Paris Multi -use Trail Federal Highway Administration CFDA #20.205 Not Research and Development 3. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete the Project or 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, Use of Project, and Project Location The scope of work for the Project, which is shown in Attachment B, the Project Location Map, described in the nomination form and as approved by the Texas Transportation Commission, consists of: Constructing a 2.36 -mile pedestrian /bicycle trail, of which 1.2 miles will be on abandoned railroad corridor that the City of Paris owns. This section will be cleared for a 10' wide all - weather trail with 2' shoulders and additional 5' clear areas on both sides for safety and future expansion, while retaining a natural barrier of trees and shrubs on both sides of the trail. 0.82 miles of the route will consist of two (2) 6' wide bike lanes on city streets and 0.36 miles will be on two (2) 6' wide concrete sidewalks along city streets. This project will serve an area of lower income households and provide linkage to other established trails in the area extending the distance of the trail system and improved access. City streets along the route are 6th NE, Martin Luther King, 7th NW, and 11th NW. Any project changes proposed must be submitted in writing by the Local Government to the State. Changes may also require an amendment to the Agreement and the approval of the Federal Highway Administration (FHWA), the State, or the Commission. Any changes undertaken without written approval and Agreement amendment may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 5. Right of Way and Real Property Acquisition A. 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. B. The Local Government 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. C. The Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local AFA- AFA_EnhLF.doc Page 3 of 15 Revised 05/23/2014