ORDER NO 2696E PROTECT AGREEMENT WITH NRCS HERMANN SONS CROSSING On this the 9th day of Rpr-il 2001 , upon motion made by Commissioner- Leta, seconded by Commissioner Raldwin, the Court unanimously approved by a vote of 4-0-0, the new Project Agreement with N. R. C. S. foT• the Hermann Sons Rr•idge and authorize County Judge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston. P.E. OFFICE: Road & Bridge MEETING DATE: Apri19.2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider Project Agreement with NRCS for the Herman Sons Bridge and approve Judge signing same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston/L,eonard Odom. Jr./Jonathan Letz ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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 a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. Revised 3-9-2000 STATE: TEXAS EWP KERR COUNTY AGREEMENT NO.: 69-7442-1-461 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT THIS AGREEMENT, made this day of , 2001, by and between the Kerr County Commissioners Court, called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, called MRCS. THAT: WHEREAS, under the provision of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards created by the Texas disaster. 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 NRCS do hereby agree as follows: A. It is agreed that the following-described work is to be performed at an estimated cost ot$65,000.00.: 1. The work will be located on the Guadalupe River and Herman Sons Road in Ken County, Texas. The planned work will consist of providing a temporary bridge crossing to ensure public safety and safe access across the river. The work shall consist of placing prefabricated members and abutment supports as depicted on the engineered plans. This work is contingent based upon a favorable structural review to be provided by the Sponsor's Engineer. B. The Sponsor will: l . Provide 25 percent of the cost of constructing works of improvement described in A. above. This rnst to the Sponsor is esfimated to be $16,250.00. 2. Install the works of improvement described in A. by Force Account in accordance with specifications furnished by NRCS and specifications provided by the sponsor when concurred in by the NRCS State Conservation Engineer. The Sponsor shall solicit a Registered Engineer licensed in Texas to evaluate the said structure both above and below the water surface. This evaluation, in the form of an Engineering Report, shall detail the structural integrity of the existing crossing and foundation. This report will consider the impacts of the planned temporary crossing and abutment work on the existing crossing. This Texas Registered Engineer is to prepare the report which is to be signed and 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. 3. Provide certification (sign SCS-ADS-78) that real property rights have been obtained for installation of planned measures. 4. Accept all financial and other responsibility for excess costs resulting from its failure to obtain, or its delay in obtaining, adequate land and water rights, permits, and licenses needed for works of improvement described in A. 5. Appoint a Contracting Officer, listing their duties, responsibilities, and authorities. Furnish such information in writing to the State Conservationist. 6. Carry out the work in accordance with the attached plan of operations heretofore prepared by the County and concurced in by the State Conservationist. Secure the State Conservationist concurcence before changing the plan of operations. 7. Be responsible for all administrative expenses necessary to arcange for and carry out the construction of the works of improvement described in A. These administrative expenses include but shall not be limited to facilities, clerical personnel, and legal counsel including such attorneys deemed necessary by NRCS to resolve any legal matters. 8. Secure the materials necessary to carry out the work in accordance with specifications furnished by NRCS and/or specifications furnished by the sponsor. Protect all materials to be used in the work and maintain a current record of disbursement and use of such material. 9. Procure materials in accordance with Texas State laws. 10. Pay suppliers as required to carry out the work. Submit billings to NRCS on Form SF-270. Maintain, as a minimum, the following data to support the Sponsor's request for reimbursement: a. Invoices covering actual costs of materials. b. Records showing materials actually used on the work, and disposition of excess materials. c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed on the work. d. Equipment operating records showing the rate, hours, and dates actually used on the work. 11. Employ competent personnel to carry out the work. 12. Maintain all equipment used on the work in good operating condition without cost to NRCS. 13. Arrange for and conduct final inspection on completed works of improvement with NRCS to determine whether all work has been performed in accordance with specifications and the plan of operations. 14. Upon determination of technical acceptability of the completed works of improvement, assume responsibility for operation and maintenance. 15. 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 brought up to reasonable standards, the Sponsor will not be eligible for future funding under the emergency watershed protection program. 16. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by it under this agreement or resulting from the work provided for in this agreement. 17. Retain all records dealing with direct supervisiory labor, equipment and materials used in the work for 3 years from the date of the County's submission of the final request for payment or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3 year period, the records are to be retained until the litigation is resolved or until 3 years whichever is longer. Make such records available to the Comptroller General of the United States or his duly authorized representative and accredited representatives of the Department of Agriculture or cognizant audit agency for the purpose of making audit, examinatioty excerpt and transcripts. 18. Comply with requirements of the Special Provisions which are included in Attachment A to this Agreement. C. NRCS will: 1. Provide 75 percent of the cost of constructing the works of improvement described in A. This cost to MRCS is estimated to be $48,750.00. 2. Provide the services of a Government Representative. 3. Make payment to the County for NRCS' share of the cos[ upon receipt and approval of Form SF-270. 4. Review the County's records prior to final payment under this agreement. D. It is mutually agreed that: 1. This agreement shall become null and void 30 calendar days after the date NRCS has executed this agreement in the event the work has not been commenced. 2. The State Conservationist may make adjustment in the estimated cost to NRCS set forth in C. 1. for performing the works of improvement. No adjustment shall change the cost-sharing assistance to be provided by NRCS as set forth in C. 1.; nor, reduce funds below the amount required to pay NRCS' share of the work. 3. The procurement of materials necessary for accomplishing the works of improvement described in Section A. will not be made from the sponsors, the Contracting Local Organization, or firms in which any official of such organization or any member of such official's immediate family has direct or indirect financial interest in the pecuniary profits of such firm. 4. In the event of default of any vendor, any excess costs collected from the defaulting vendor are to be prorated between the Sponsor and NRCS in the same ratio as funds are contributed under the terms of this agreement. 5. This agreement may be modified by amendment duly executed by authorized officials of the Sponsor and the NRCS. 6. NRCS may terminate this agreement in whole or in part if 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 made by or recoveries made by NRCS under this termination are to be in accord with the legal rights and liabilities of NRCS and the Sponsor. 7. 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. 8. The furnishing of the administrative and technical services by NRCS as set out in C. 2. is contingent upon the continuing availability of appropriations by the Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to so appropriate. 9. The program or activities conducted under this agreement will be in compliance with nondiscrimination provisions contained in the Titles VI and VII of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statues; namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Ac[ of 1975. They will also be in accordance with regulations of the Secretary of Agriculture (7 CFR-I5, 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 Department of Agriculture or any agency thereof. KERR COUNTY COMbIISSIONERS COURT KERR COUNTY, T~EX~AS /f Title: ~[~` o Lcw -,l c/e.~~/, n Date: ` G'JO This action authorized at an official meeting of Kerr County Commissioners Court on the 9th day ofd/April , 2n00e1,,tat Kerrville ,Texas (Signature) County Clerk (Title) UNTIED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE sy: Title: STATE CONSERVATIONIST Date: ATTAC)-IMENTS: 1. Special Provisions, Attachment A 2. Plan of Operations