ORDER NO. 26882 ACCEPT PROJECT AGREEMENT WITH USDA/NRCS CONSTRUCTION OF TEMPORARY BRIDGE AT HERMAN SONS CROSSING On this the 12th day of February 2001, upon motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to accept the project agreement with USDA/NRCA for the construction of a temporary bridge at Herman Sons Crossing and authorize the County Judge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE F(1RNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: February 12, O1 SUBJECT: (PLEASE BE SPECIFIC) TIME PREFERRED: Consider and discuss project agreement with USDA/NRCS for the construction of temporary bridge at Hermann Sons Crossing and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #3 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: OFFICE: Commissioners' Court 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Page 1 of 1 o<-~j Truby Hardin From: "Martin Schmidt" To: Cc: 'Tim Buscha" Sent: Friday, January 19, 2001 11:03 AM Attach: PA-EWP Kerr County 2.doc; Attachment-A-Special Provisions.doc; ADS78.pdf SubJect: Kerr County EWP Project Agreement 8 Attachments Dear Mr. Lynn Odom, Per our telephone conversation this morning I am sending to you the Project Agreement, Attachment A -Special Provisions, and NRCS-ADS-78 Form (Assurances Relating To Real Property Acquisition). All three should come as attachments to this email. Since the form is in a PDF file you can pick that up by using Adobe Acrobat software. If you cannot access or get the form please let me know. I will also be faxing you a wpy of this material. Once you have all this material we need you to make two copies of the Project Agreement and Attachment A -Special Provisions and have your county judge sign off on both copies and appropriate individuals. Also, you need to fill in the ]VRCS-ADS-78 Form and have the county judge sign it. Once all of this is completed please send all of the copies back to me for our State Conservationist to sign. Please keep as a safety copy those pages that have signatures on them just in case it gets lost in the mail., We will mail back to you a fully executed copy of all the material with both signatures when they have been completed from our end. I will be faxing all of this material to you today so at least you will have copies just in case. If there is anything that you need from me please don't hesitate to call at my number of (254) 742-9922. Sincerely, Martin Schmidt Contracting Officer 1/19/01 State Texas EWP Kerr Countv UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT THIS AGREEMENT, made this day of 2001, by and between Kerr County, called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, called NRCS. WITNESSETH THAT: WHEREAS, under the provision of the Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, the Sponsor and NRCS agree to a plan which provides for restoration of certain works; NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRC5 do hereby agree as follows: A. It is agreed that the following-described work is to be performed at an estimated cost of $190,000.00. The work will be located on the Guadalupe River and Herman Sons Road in Kerr County, Texas. The planned work will consist of providing structural integrity to the existing crossing by placing supports on 12-feet centers, which will align with the existing box culverts walls, and then I-beams with decking will be placed across the supports. However the work may be changed based upon the engineering report provided by the Sponsor's Engineer. B. The Sponsor will: 1. Provide 25 percent of construction cost for the works of improvement described in Section A. This cost to the Sponsor is estimated to be $97,500.00. 2. The Sponsor will provide technical review of the structural integrity of the existing low water crossing on the Guadalupe River and Herman Sons Road. The Sponsor will not be required to design the works of improvements, provide administrative services, nor inspection services. The Sponsor shall solicit a Registered Engineer licensed in Texas to evaluate the said structure both above and below the water surface. This Texas Registered Engineer is to prepare an Engineering Report which is to be signed and Page 2of4 sealed by them. By providing the Engineering Report, the Sponsor will be providing an "in-kind" service. The cost of the report is estimated to be $10,000.00. The Sponsor shall be reimbursed 100 of the cost of this report, the fee for this report may be deducted from the Sponsor's 25 percent cost share. The Engineering Report shall address the following topics: a. Structural integrity of the existing crossing with regard to future loading from a temporary crossing attached on top of it. The temporary crossing shall be needed for approximately three years and have the capabilities to pass passenger vehicles, light trucks, school buses and emergency services. The concrete walls and floor of the existing box culverts, which supports the concrete slab shall be investigated for cracks and other flaws and determine if the existing structure can support a temporary crossing. The planned temporary crossing will consist of supports placed on 12-feet centers, which will align with the box culvert walls. I-beams with decking will be placed across the supports. b. Stability of the foundation under the existing structure. Administer their action under this agreement in accordance with 7 CFR 3015, 3016, 3017, 3018, 3019, and 3051. 4. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the works of improvement described in Section A. 5. Review and approve the plan for the work described in Section A. 6. Provide certification (sign SCS-ADS-78) that real property rights have been obtained for installation of planned measures. 7. Upon acceptance of the work by NRCS from the contractor, assume responsibility for operation and maintenance. 8. Comply with requirements of the Special Provisions which are included in Attachment A to this Agreement. 9. If applicable, complete the attached "Clean Air and Water Certification" and comply with the attached "Clean Air and Water Clause." 10. Upon completion of emergency protection measures and the elimination of the threat, the Sponsor will take action, if needed, to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are Page 3 of4 brought up to reasonable standards, the Sponsor will not be eligible for future funding under the EWP program. C. NRCS will: 1. Provide 75 percent of the cost of performing the work described in Section A. This cost to NRCS is estimated at $142,500.00. 2. Contract for the construction of the planned measures described in Section A in accordance with Federal Acquisition Regulations. 3. Provide authorized technical services, including but not limited to obtaining basic information; preparation of contract drawings and designs; contract administration; and quality assurance during installation. 4. Arrange for and conduct final inspection of the completed works with the Sponsor to determine whether all work has been performed in accordance with the contractual requirements. Accept work from contractor; notify the Sponsor of acceptance; and turn over the accepted works to the Sponsor. D. It is mutually agreed that: 1. The furnishing of financial and other assistance by NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. 2. In the event of default, any additional funds required to ensure Completion of the job are to be provided in the same ratio as funds are contributed by the parties under the terms of this agreement; and any excess costs including interest resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement. 3. Additional funds including interest properly allocable as costs as determined by NRCS, required as a result of a decision of the Contracting Officer or a court judgment in favor of the contractor, will be provided in the same ratio as funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any agreement or commitment made by the Sponsor without prior concurrence of the MRCS. 4. This agreement may be modified by amendment duly executed by authorized officials of the Sponsor and NRCS. Page 4 of4 5. MRCS may terminate this agreement in whole or in part when it is determined by NRCS that the Sponsor has failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by the NRCS under this termination shall be in accord with the legal rights and liabilities of NRCS and the Sponsor. This agreement may be temporarily suspended by NRCS if it determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 7. Nondiscrimination - The program or activities conducted under this agreement will be in compliance with the nondiscrimination provisions contained in the Titles VI and VIZ of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1967 (Public Law 100-259); and other nondiscrimination statutes; namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B), which provide that no person in the United States shall on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the T~epartment of Agriculture or any agency thereof. Kerr County By1 Title: ~~iv /~~~0/4,d,~y4~ Date: a-[_ ~aL~ ~ _ _- This action authorized at an official meeting of the Commissioners Court of Kerr County, on the ~~ day of ,~i- , 2001, at ~a~n~ ~D~ , State of T cas. (Signature] ~ Ica' ~ '-"9_ Page 5 of4 United States pepartment of Agriculture Natural Resources Conservation Service ey: Title: State Conservationist Date: 1aTTACHMENT A -SPECIAL PROVISIONS L DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING IIL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITX MATTERS -PRIMARY COVERED TRANSACTIONS IV. CLEAN AIIt AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VL EXAbIINATION OF RECORDS ATTACI-A4IIJT A -SPECIAL PROVISIONS The signatories (grantee, recipient sponsor, or cooperator) agrees to comply with the following special provisions which are hereby attached to this agreement. I. Drug-Free Workplace. By signing this agreement, the recipient is providing the certification s~ out below. If it is later determined that the recipient knowingly rendered a false certification, or otherwise violates the requirements of the Dntg-Free Workplace Act, the NRCS, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal druu statute means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (I) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirements; consukants or independent contractors not on the grantees' payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification: A. The grantee certi5es that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employces that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is proldbited in the grantee's workplace and specifying the actions that will betaken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about - (1) The danger of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employce assistance programs; and (4) The penahies that may be imposed upon employees for drug abuse violations occurring in the worldlace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statemert required by paragraph (a); (d) Notifying the employee in the statement required by paragraph 9a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notifying the employe in writing of his or her conviction for a violation of a criminal drug statute occurting in the workplace no later than five calendar days after such a conviction; (e) Notifying MRCS in writing, within ten calendar days after receiving notice under paragraph 9(dx2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the ident~cation number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (dx2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including lamination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requving such employee to participate satisfactorily in a drug abuse assistance or rehabilitation progam approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (h) Agencies shall keep the original of all disclosure reports in the official files of the agency B. The recipient may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. B. Certification ReltardinQ Lobbving (7 CFR 3018) (Apvlicable if this agreement exceeds 100 000 (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the recipient, to arty person for influencing or attempting to influence an office or employee of an agency, Member of Congress, and office or employe of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renews(, amendment, or modification of any Federal contract, grartt, loan, or cooperative agreement. (2) [f arty funds other than Federal appropriated funds Have been paid or will be paid to arty person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Membe of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The recipient shall requve that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penahy of not less than $10,000 and not more than $100,000 for each such failure. III. Certification Regarding Debarment Suspension, and Other Responsibility mattes -Primary Covered Transactions, (7 CFR 3017) (1) The recipient cert~es to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athre~-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsercation or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Iocat) with commission of any of the offenses enumerated in paragraph (lxb) of this certification; and (d) Have not within athree-year period preceding this application/proposal has one or more public transactions (Federal, State or bcai) terminated for cause or default. (2) Where the primary recipient is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Av Act (42 U.S.C. 1857o-8(cxl) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, err is not otherwise exempt.) The recipient signatory to this agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not ,listed on the Endvonmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by IVRCS, of the receipt of any communication from the Du•ector, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that airy facility which he/she proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt subagreement. Clean Av and Water Clause (Applicable only if the agreement exceeds 5100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857a8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt) A. The recipient agaes as follows: (1) To comply with ali the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 ct. sq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this agreement by AiKCS. (2) That no portion of the work required by this ageement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agrcement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagaph A. (4). B. The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 ct seq., as amended by Public Law 91-604). (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-55). (3) The term "clean av standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the A'v Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 18570-5(d)), and approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857c.6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. ] 857F7(d)). (4) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requ'vement which is promulgated pursuant to the Water Act or contained a permit issued to a discharge by the Endvonntental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342 or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (3 U.S.C. 1317). (5) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or any av or water pollution control issued pursuant thereto. (6) The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations, owned leased, or supervised by a sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Dvector, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and outer generally applicable requirements, including those set out in 7 CFR 3015, 3016, 3017, 3018, 3019, and 3052 which hereby are incorporated in this agreement by reference, and such other statutory provisions as are speci5cally set forth herein. VI. Examination of Records Give the MRCS or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. Retain all records related to this ageement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular.