ORDER NO ~7Q~S7
AF'pROVRL OF ADVRNCED FUNDING RGREEMENT FOR HERMAN SONS
FRIDGE WITH TXDOT RND DECLRRE BUDGET EMERGENCY
On this the 14th day of May :.001, upon motion made by
Commissioner Let z, seconded by Commissioner^ Williams, the
Court unanimously approved by a vote of 4-0-0, the Rdvanced
Funding Agreement for^ Herman Sons Bridge with the Texas
Department of Transportation and to allocate X12,000.00 from
the Flood Control line item for the initial payment of the
County's portion of that pr^oject.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Herme1 OFFICE: Countv Judge
MEETING DATE: May 14, 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of Hermann Sons Bridge Advanced Funding Agreement with
TxDOT and authorize 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:
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:

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 you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Comnvssioners' Court.
County Judge
5:00 P.M. previous Tuesday.
Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78284-3601 • (512) 615-1110
P. O. Box 294029
Kerrville, Texas 78029-4029
May 7, 2001
Project:	BR ( )OX
Control:	0915-15-080
Highway:	Hermann Sons Bridge
County:	Kerr
The Honorable Fred Henneke
Kerr County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Dear Judge Henneke:
Attached for your review and consideration for execution is the Advanced Funding Agreement for the
replacement of the Hermann Sons Bridge.
At the request of the County, this bridge has been moved into Priority One status. This means that when the
Advanced Funding Agreement has been executed and returned, we can begin surveying and design on this
structure. This bridge is being funded under the Off- System Bridge Program and as such, the cost of this
structure will be split, 90 % State and Federal and 10 Mo local. We have estimated the county's portion of the
funding as $92, t 10, of which $12,000 will be due within 30 days of execution of this agreement. The
remaining portion will be due approximately 45 day in advance of the project letting, which is expected to be
next summer. In addition, the county will be solely responsible for any needed right of way or utility
adjustments.
Contact Michael Coward, P.E. at (830) 257-8444 at this office if you need more information.
Sincerely,
~~~ ~! ~~
BiII M. Tucker, P.E.
Area Engineer
MAC:mc
cc: Jonathan Letz, Kerr County Commissioner, Precinct Three
An Equal Opportuniry Employer
County
CSJ
Project
Road/Street
NBI Structure No.
Local Designation No.
STATE OF TEXAS §
COUNTY OF TRAVIS §
Kerr
0915-15-080
BR
Hermann Sons Road
133-AA0285-001
ADVANCE FUNDING AGREEMENT
For Bridge Replacement or Rehabilitation
Off the State System
THIS Advance Funding Agreement (the Agreement) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation hereinafter called the
"State", and the Kerr County Commissioner's Court, acting by and through its duly authorized
officials, hereinafter called the "Local Govemment."
WITNESSETH
WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local
governments in the replacement or rehabilitation of deficient bridges located on a public road or
street within its jurisdiction; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall plan and make policies for the construction of a comprehensive system of state
highways and public roads in cooperation with local governments; and
WHEREAS, the Local Government owns a bridge or bridges located on a public road or street
located at Hermann Sons Road crossing of the Guadalupe River and said bridge is included in
the currently approved program of work for Off-State System Federal-Aid Bridge Replacement
and Rehabilitation as authorized by Texas Transportation Commission Minute Order number
108440, dated February 22, 2001; and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance which is attached hereto and made a part hereof as
Attachment A and which provides for development of the specific programmed replacement or
rehabilitation project (the Project) identified in the location map shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
Page 1 - 1 I Bridge Division
9-2000-L.1
AGREEMENT
Period of this Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until terminated as
provided in Article 2.
2. Conditions for Termination of this Agreement
a. The Agreement is terminated in writing with the mutual consent of the parties; or
b. Breach of this Agreement, in which case any cost incurred shall be paid by the
breaching party; or
c. If the Local Govemment elects not to develop the project and the project does not
proceed, in which case the Local Government agrees to reimburse the State for 100
percent of its reasonable actual direct and indirect costs incurred for the project.
3. Amendments
Amendments to this Agreement may be made due to changes in the character of the work,
the terms of the Agreement, or the responsibilities of the parties. Amendments shall be
enacted through a mutually agreed upon, written amendment executed by all parties to this
Agreement.
4. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
Agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
5. Scope of Work
The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s)
identified in the recitals of this Agreement. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications and estimates developed
in accordance with this Agreement and which are incorporated herein by reference.
6. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of all necessary
right of way and will not be reimbursed with federal or state funds for the required right of
way. The Local Government authorizes the State, its consultant, contractor, or other
designated representative to enter the site(s) of said bridge(s) and adjacent right of way or
relocation right of way to perform surveys, inspections, construction and other activities
necessary to replace or rehabilitate said bridge and approaches.
Page 2 - 11 Bridge Division
9-2000-L.1
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal or relocation of
utility facilities in accordance with applicable State laws, regulations, rules, policies and
procedures. The Local Government will not be reimbursed with federal or state funds for
the cost of required utility work.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act and
the National Historic Preservation Act of 1966, which require environmental clearance of
federal-aid projects.
a. The State is responsible for the identification and assessment of any environmental
problems associated with the development of the Project governed by this Agreement.
b. Cost participation in environmental assessment and remediation work shall be paid by
the parties in the same ratio as construction costs and will be included in the
construction costs identified in Attachment C.
c. The State is responsible for providing any public meetings or public hearings required
for development of the environmental assessment
The State will not begin construction of the Project until identified environmental problems
have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of the
Project subject to this Agreement are in compliance with the Texas Accessibility Standards
(TAS) issued by the Texas Department of Licensing and Regulation, under the
Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes
minimum accessibility requirements to be consistent with minimum accessibility
requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
10. Architectural and Engineering Services will be Provided by the State
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local Government. The State will
cooperate fully with the Local Government in accomplishing these local public purposes to
the degree permitted by state and federal law. The Local Government review shall not
unduly delay the development of the Project.
Page 3 - 11 Bridge Division
9-2000-L.1
11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate
the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering
and for issuance of any change orders, supplemental agreements, amendments, or
additional work orders, which may become necessary subsequent to the award of the
construction contract. In order to ensure federal funding eligibility, projects must be
authorized by the State prior to advertising for construction.
b. Upon completion of the Project, the State will issue a "Notification of Completion"
acknowledging the Project's construction completion.
12. Project Maintenance
After the Project has been completed, the Local Government shall accept full ownership,
and operate and maintain the facilities authorized by this Agreement for the benefit of and
at no charge of toll to the public. This covenant shall survive the completion of
construction under this Agreement.
13. Local Project Sources and Uses of Funds
a. A Project Cost Estimate is provided in Attachment C.
b. A source of funds estimate is also provided in Attachment C. Attachment C shows the
estimated direct preliminary engineering, construction engineering, and construction
costs for the Project in total and by the Local Government.
c. The Local Government participation is based upon the State's estimate of the eligible
work at the time this Agreement is executed and will not be adjusted during
construction except as needed to include any Project cost item or portion of a cost item
ineligible for state or federal participation. In addition to its share of estimated direct
engineering and construction costs, the Local Government is responsible for the direct
cost of any project cost item or portion of a cost item that is not eligible for federal
participation under the Federal Highway Bridge Replacement and Rehabilitation
Program. The Local Government is also responsible for any cost resulting from
changes made at the request of the Local Government.
d. After execution of this Agreement, but thirty (30) days prior to the performance of any
work by the State, the Local Government will remit a check or warrant made payable to
the "Texas Department of Transportation" in the amount specified in Attachment C as
the local contribution for preliminary engineering. The Local Government will pay at a
minimum its funding share for this estimated cost of preliminary engineering.
e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local
Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs and any other costs owing.
f If at the completion or termination of the Project the State determines that additional
funding is required by the Local Govenunent, the State shall notify the Local
Government in writing. The Local Government shall make payment to the State within
thirty (30) days from receipt of the State's written notification.
Page 4 - 11 Bridge Division
9-2000-L.1
g. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due to the Local Government, the State, or the Federal Government will be
promptly paid by the owing party.
h. The State will not pay interest on any funds provided by the Local Government.
i. The Local Government funding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the request of the
Local Government as addressed in the Termination provision of this Agreement.
j. If the Project has been approved fora "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will
clearly state the amount of the fixed price or the incremental payment schedule.
k. Under the provisions of Texas Transportation Code Section 222.053 certain counties
qualify as Economically Disadvantaged Counties (EDC) in comparison to other
counties in the state as below average per capita property value, and below average per
capita income, and above average unemployment, for certain years. If applicable, in
consideration of such EDC status that may be applicable for the Project, the required
local match fund participation has been adjusted to not applicable percent as authorized
by Texas Transportation Commission Minute Order Number not applicable, dated not
applicable.
1. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in accordance with
this Agreement.
14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return
for Waiver of Local Match Participation Funding on Participation-Waived Projects
(PWP)
a. Applicability. If a request for waiver has been received and approved by the State's
District Engineer, then the required ten percent matching fund participation or percent
as adjusted for EDC consideration, as shown in Attachment C, but excluding ineligible
costs under the bridge program, is waived. This waiver is based on the commitment of
the Local Govemment to spend an equivalent amount of funds for structural
improvement on "other" bridge structures within the Local Government's jurisdiction
and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been
granted, the Project shall be defined to be aParticipation-Waived Project (PWP) and
the work on the "other" bridge structures that will be improved by the Local
Government shall be defined to be the Equivalent Match Project(s) (EMP).
Attachment D to this Agreement shows a list of EMP(s) under this Agreement.
b. Project Cost Estimate for PWP. Attachment E to this Agreement shows the estimated
direct preliminary engineering, construction engineering and construction costs for the
PWP in total and local match fund participation being waived, or partially waived.
c. Credit Against EMP Work. Any local match fund participation that has already been
paid, or which the Local Govemment is agreeable to paying to the State, will be
credited against EMP work to be performed by the Local Govemment. if applicable,
this credit(s) will be reflected in Attachment E to this Agreement.
d. Responsibilities of the Local Government on EMP(s).
Page 5 - 11 Bridge Division
9-2000-L.1
(1) The Local Government shall be responsible for all engineering and construction,
and related costs thereto, and complying with all applicable state and federal
environmental regulations and permitting requirements.
(2) The structural improvement work on the EMP(s) shall be performed subsequent
to the final execution of this Agreement but within three (3) calendar years after
the earliest contract award of the related PWP.
(3) Written documentation, suitable for audit, of the structural improvement work
completed on the EMP(s) shall be kept on file by the Local Government for four
(4) years after completion of work or claims, lawsuits, or audits related thereto,
whichever is longer. A notice of completion of work on the EMP(s) shall be
delivered to the State's District Engineer no later than thirty (30) calendar days
after work is completed on the EMP(s).
(4) Failure by the Local Government to adequately complete the EMP(s) within the
stated three-year period shall result in the Local Government being excluded from
receiving such waivers for a minimum of five (5) years.
Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of
eligible program costs, the Local Government shall pay the State 100 percent of the
cost of any P WP item or portion of a cost item that is not eligible for federal or state
participation, and 100 percent of the costs resulting from additional work on the PWP
performed solely at the request of the Local Government. If the ineligible or additional
work is preliminary engineering, the payment shall be made at least thirty (30) days
prior to the beginning of preliminary engineering work on the PWP. If the ineligible or
additional work is for construction or construction engineering, the payment shall be
made at least forty-five (45) days prior to the date set for receipt of bids for
construction of the PWP.
15. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following addresses:
State: Kerrville Area Office
Texas Department of Transportation
PO Box 294029
Kerrville, Texas 78029-4029
Local Government: Honorable Judge Henneke
Kerr County Courthouse
700 Main
Kerrville, Texas 78028
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that
Page 6 - 11 Bridge Division
9-2000-L.1
such notices shall be delivered personally or by certified U.S. mail and such request shall
be honored and carried out by the other party.
16. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any reason be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions and this Agreement shall be construed
as if it did not contain the invalid, illegal or unenforceable provision.
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement shall be
made available to the State without restriction or limitation on their further use. All
documents produced or approved or otherwise created by the Local Government shall be
transmitted to the State in the form of photocopy reproduction on a monthly basis as
required by the State. The originals shall remain the property of the Local Government.
19. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any manner affecting the performance of this Agreement. When required, the
Local Goverrunent shall famish the State with satisfactory proof of this compliance.
20. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting this Agreement's subject
matter.
21. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable and allocable to the Project.
Page 7 - 11 Bridge Division
9-2000-L.1
22. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36
and with the property management standard established in Title 49 CFR §18.32.
23. Inspection of Books and Records
The parties to the Agreement shall maintain all books, documents, papers, accounting
records and other documentation relating to costs incurred under this Agreement and shall
make such materials available to the State, the Local Government, and, if federally funded,
the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector
General, or their duly authorized representatives for review and inspection at its office
during the contract period and for four (4) years from the date of completion of work
defined under this contract or until any impending litigation, or claims are resolved.
Additionally, the State, the Local Government, and the FHWA and their duly authorized
representatives shall have access to all the governmental records that aze directly applicable
to this Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
24. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984,
P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB
Circular No. A-128 through August 31, 2000 and stipulated in OMB Circulaz A-133 after
August 31, 2000.
25. Civil Rights Compliance
The parties to this Agreement shall comply with the regulations of the U.S. Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
26. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
27. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." The
parties to this contract shall require any party to a subcontract or purchase order awarded
under this contract to certify its eligibility to receive federal funds and, when requested by
Page 8 - 11 Bridge Division
9-2000-L.I
the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29
(Debarment and Suspension).
28. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her knowledge and
belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of 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, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Local Government shall complete and submit the
Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
c. The parties shall require 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.
By executing this Agreement, the parties affirm this lobbying certification with respect to
the Project and affirm this certification of the material representation of facts upon which
reliance will be made. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31 U.S.C. § 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
29. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement.
Page 9 - 11 Bridge Division
9-2000-L.1
30. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
Page 10 - 11 Bridge Division
9-2000-L.1
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By: ~~~,~ G/~
Signature
Fred Henneke
Printed Name of Signatory
Title: Kerr County Judge
Date: ~ a~ 2D0/
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By:
Date:
Mazy Lou Ralls, P.E.
Director, Bridge Division
Page 11 - 11 Bridge Division
9-2000-L.1
ATTACHMENT A
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
Bridge Division
9-2000-L.1
ATTACHMENT B
PROJECT LOCATION MAP
Hrrmdnn ial? dridur
SH
.r... 1+e
tarclc~
Bridge Division
9-2000-L.1
County:
CSJ:
Project:
Road/Street:
NBI Structure No.:
Local Designation No.:
ATTACHMENT C
ESTIMATE OF DIRECT COSTS
Kerr
0915-15-080
BR
Hermann Sons Road
133-AA00285-001
		Local
		Government
	Estimated Cost	Participation
Preliminary Engineering (PE)	(1) $ 120,000	
Ten (10) Percent or EDC Adjusted Percent,		
Local Government Participation in PE		(3) $12.000
Construction	$ 670,400	
Engineering and Contingency (E&C)	$130,700	
The Sum of Construction and E&C	(2) 801,100	
Ten (10) Percent or EDC Adjusted Percent,		
Local Govemment Participation in the Sum		
of Construction and E&C		(4) $ 80,110
Total Local Government Participation		(3+4) $ 92,110
Total Project Direct Cost	(1+2) $ 921,100	
Bridge Division
9-2000-L.1

t"l
Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110
July 2, 2001
Kerr County Courthouse
Attn: The Honorable Fred Henneke
Kerr County Judge
700 Main
Kemille, Texas 78028
RE: Control: 0915-15-080
Project: BR 96( )OX
County: Kerr
Limits: Hermann Sons Road Crossing of the Guadalupe River
Deaz Judge Henneke:
Attached for your files is a fully executed original of the Off-State System Bridge Agreement for
the referenced project. As stated in the agreement, funds are to be remitted to TxDOT thirty (30)
days after the agreement is fully executed. Therefore, Kerr County shall remit a check to the
Texas Department of Transportation in the amount of $12,000 on or before July 26, 2001.
This project is being coordinated through our Kerrville Area Office, specifically with Mr. Mike
Cowazd, P.E., Assistant Area Engineer. You may contact Mr. Coward at (830) 257-8444 for
further project specific information.
Sincerely,
y ~cc~..~~~.~
John A. Saldana, P.E.
' y` CCMO Manager
/mmj
Attach a/s
cc: Mike Coward, P.E.
An Equal Opportunity Employer
OR161NAL
County: Kerr
CSJ: 0915-15-080
Project: BR
Road/Street: Hermann Sons Road
NBI Structure No.: /133-AA0285-001
Local Designation No.: `) y,~~
1C~ `_z~ot
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For Bride Replacement or Rehabilitation
Off the State System
THIS Advance Funding Agreement (the Agreement) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation hereinafter called the
"State°, and the Kerr County Commissioner's Court, acting by and through its duly authorized
officials, hereinafter callcd the "Local Government."
WITNESSETH
WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local
governments in the replacement or rehabilitation of deficient bridges located on a public road or
street within its jurisdiction; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall plan and make policies for the construction of a comprehensive system of state
highways and public roads in cooperation with local governments; and
WHEREAS, the Local Government owns a bridge or bridges located on a public road or street
located at Hermann Sons Road crossing of the Guadalupe River and said bridge is included in
the currently approved program of work for Off-State System Federal-Aid Bridge Replacement
and Rehabilitation as authorized by Texas Transportation Commission Minute Order number
108440, dated February 22, 2001; and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance which is attached hereto and made a part hereof as
Attachment A and which provides for development of the specific programmed replacement or
rehabilitation project (the Project) identified in the location map shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
Page 1 - 11 Bridge Division
9-2000-L.1
AGREEMENT
Period of this Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until terminated as
provided in Article 2.
Conditions for Termination of this Agreement
a. The Agreement is terminated in writing with the mutual consent of the parties; or
b. Breach of this Agreement, in which case any cost incurred shall be paid by the
breaching party; or
c. If the Local Government elects not to develop the project and the project does not
proceed, in which case the Local Government agrees to reimburse the State for 100
percent of its reasonable actual direct and indirect costs incurred for the project.
3. Amendments
Amendments to this Agreement may be made due to changes in the chazacter of the work,
the terms of the Agreement, or the responsibilities of the parties. Amendments shall be
enacted through a mutually agreed upon, written amendment executed by all parties to this
Agreement.
Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
Agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
5. Scope of Work
The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s)
identified in the recitals of this Agreement. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications and estimates developed
in accordance with this Agreement and which are incorporated herein by reference.
6. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of all necessary
right of way and will not be reimbursed with federal or state funds for the required right of
way. The Local Government authorizes the State, its consultant, contractor, or other
designated representative to enter the site(s) of said bridge(s) and adjacent right of way or
relocation right of way to perform surveys, inspections, construction and other activities
necessary to replace or rehabilitate said bridge and approaches.
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Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal or relocation of
utility facilities in accordance with applicable State laws, regulations, rules, policies and
procedures. The Local Government will not be reimbursed with federal or state funds for
the cost of required utility work.
8. Environmental Assessment and Mitigation
Development of the Pruject must comply with the National Environmental Policy Act and
the National Historic Preservation Act of 1966, which require environmental clearance of
Federal-aid projects.
a. The State is responsible for the identification and assessment of any environmental
problems associated with the development of the Project governed by this Agreement.
b. Cost participation in environmental assessment and remediation work shall be paid by
the parties in the same ratio as construction costs and will be included in the
construction costs identified in Attachment C.
c. The State is responsible for providing any public meetings or public hearings required
for development of the environmental assessment
The State will not begin construction of the Project until identified environmental problems
have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of the
Project subject to this Agreement are in compliance with the Texas Accessibility Standards
(TAS) issued by the Texas Department of Licensing and Regulation, under the
Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes
tninimum accessibility requirements to be consistent with minimum accessibility
requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
L0. Architectural and Engineering Services will be Provided by the State
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local Government. The State will
cooperate fully with the Local Government in accomplishing these local public purposes to
the degree permitted by state and federal law. The Local Government review shall not
unduly delay the development of the Project.
Page 3 - 11 Bridge Division
9-2000-L.1
11. Construction Responsibilities
a. The State shall advertise fur construction bids, issue bid proposals, receive and tabulate
the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering
and for issuance of any change orders, supplemental agreements, amendments, or
additional work orders, which may become necessary subsequent to the award of the
construction contract. In order to ensure federal funding eligibility, projects must be
authorized by the State prior to advertising for construction.
b. Upon completion of the Project, the State will issue a "Notification of Completion"
acknowledging the Project's construction cumpletion.
12. Project Maintenance
After the Project has been completed, the Local Government shall accept full ownership,
and operate and maintain the facilities authorized by this Agreement for the benefit of and
at no charge of toll to the public. This covenant shall survive the completion of
construction under this Agreement.
13. Local Project Sources and Uses of Funds
a. A Project Cost Estimate is provided in Attachment C.
b. A source of funds estimate is also provided in Attachment C. Attaclunent C shows the
estimated direct preliminary engineering, construction engineering, and construction
costs for the Project in total and by the Local Government.
c. The Local Government participation is based upon the State's estimate of the eligible
work at the time this Agreement is executed and will not be adjusted during
construction except as needed to include any Project cost item or portion of a cost item
ineligible for state or federal participation. In addition to its share of estimated direct
engineering and construction costs, the Local Government is responsible for the direct
cost of any project cost item or portion of a cost item that is not eligible for federal
participation under the Federal Highway Bridge Replacement and Rehabilitation
Program. The Local Government is also responsible for any cost resulting from
changes made at the request of the Local Government.
d. After execution of this Agreement, but thirty (30) days prior to the performance of any
work by the State, the Local Government will remit a check or warrant made payable to
the "Texas Department of Transportation" in the amount specified in Attachment C as
the local contribution for preliminary engineering. The Local Government will pay at a
minimum its funding share for this estimated cost of preliminary engineering.
e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local
Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs and any other costs owing.
f If at the completion or termination of the Project the State determines that additional
funding is required by the Local Government, the State shall notify the Local
Government in writing. The Local Government shall make payment to the State within
thirty (30) days from receipt of the State's written notification.
Page 4 - 11 Bridge Division
9-2000-L.1
g. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due to the Local Government, the State, or the Federal Government will be
promptly paid by the owing party.
h. The State will not pay interest on any funds provided by the Local Government.
i. The Local Government finding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the request of the
Local Government as addressed in the Termination provision of this Agreement.
j. If the Project has been approved fora "fixed price" or an "incremental payment" non-
standard finding or payment arrangement under 43 TAC § 15.52, this Agreement will
clearly state the amount of the fixed price or the incremental payment schedule.
k. Under the provisions of Texas Transportation Code Section 222.053 certain counties
qualify as Economically Disadvantaged Counties (EDC) in comparison to other
counties in the state as below average per capita property value, and below average per
capita income, and above average unemployment, for certain years. If applicable, in
consideration of such EDC status that may be applicable for the Project, the required
local match fund participation has been adjusted to not applicable percent as authorized
by Texas Transportation Commission Minute Order Number not applicable, dated not
applicable.
L The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in accordance with
this Agreement.
14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return
for Waiver of Local Match Participation Funding on Participation-Waived Projects
(PWP)
a. Applicability. If a request for waiver has been received and approved by the State's
District Engineer, then the required ten percent matching fund participation or percent
as adjusted for EDC consideration, as shown in Attachment C, but excluding ineligible
costs under the bridge program, is waived. This waiver is based on the commitment of
the Local Government to spend an equivalent amount of funds for structural
improvement on `'other" bridge strucriires within the Local Government's jurisdiction
and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been
granted, the Project shall be defined to be aParticipation-Waived Project (PWP) and
the work on the "other" bridge structures that will be improved by the Local
Government shall be defined to be the Equivalent Match Project(s) (EMP).
Attachment D to this Agreement shows a list of EMP(s) under this Agreement.
b. Project Cost Estimate for PWP. Attachment E to this Agreement shows the estimated
direct preliminary engineering, construction engineering and construction costs for the
PWP i^ total and local match fund participation being waived, or partially waived.
c. Credit Against EMP Work. Any local match fund participation that has already been
paid, or which the Local Government is agreeable to paying to the State, will be
credited against EMP work to be performed by the Local Government. If applicable,
this credit(s) will be reflected in Attachment E to this Agreement.
d. Responsibilities of the Local Government on EMP(s).
Page 5 - 11 Bridge Division
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(1) The Local Government shall be responsible for all engineering and construction,
and related costs thereto, and complying with all applicable state and federal
environmental regulations and permitting requirements.
(2) The structural improvement work on the EMP(s) shall be performed subsequent
to the final execution of this Agreement but within three (3) calendar yeazs after
the earliest contract award of the related PWP.
(3) Written documentation, suitable for audit, of the structural improvement work
completed on the EMP(s) shall be kept on file by the Local Government for four
(4) years after completion of work or claims, lawsuits, or audits related thereto,
whichever is longer. A notice of completion of work on the EMP(s) shall be
delivered to the State's District Engineer no later than thirty (30) calendar days
after work is completed on the EMP(s).
(4) Failure by the Local Government to adequately complete the EMP(s) within the
stated three-year period shall result in the Local Government being excluded from
receiving such waivers for a minimum of five (5) years.
Funding of Ineligible or Additional Work Not Waived. Regazdless of any waiver of
eligible program costs, the Local Government shall pay the State 100 percent of the
cost of any PWP item or portion of a cost item that is not eligible for federal or state
participation, and 100 percent of the costs resulting from additional work on the PWP
performed solely at the request of the Local Government. If the ineligible or additional
work is preliminary engineering, the payment shall be made at least thirty (30) days
prior to the beginning of preliminary engineering work on the PWP. If the ineligible or
additional work is for construction or construction engineering, the payment shall be
made at least forty-five (45) days prior to the date set for receipt of bids for
construction of the PWP.
15. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following addresses:
State: Kerrville Area Office
Texas Department of Transportation
PO Box 294029
Kerrville, Texas 78029-4029
Local Government: Honorable Judge Henneke
Kerr County Courthouse
700 Main
Kerrville, Texas 78028
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that
Page 6 - 11 Bridge Division
9-2000-L.1
such notices shall be delivered personally or by certified U.S. mail and such request shall
be honored and carried out by the other party.
16. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any reason be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions and this Agreement shall be construed
as if it did not contain the invalid, illegal or unenforceable provision.
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement shall be
made available to the State without restriction or limitation on their further use. All
documents produced or approved or otherwise created by the Local Government shall be
transmitted to the State in the form of photocopy reproduction on a monthly basis as
required by the State. The originals shall remain the property of the Local Government.
19. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any manner affecting the performance of this Agreement. When required, the
Local Government shall furnish the State with satisfactory proof of this compliance.
20. Sole Agreement
I his Agreement constitutes the sole and only agreement between the parties vrd supersedes
any prior understandings or written or oral agreements respecting this Agreement's subject
matter.
21. Oftice of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable and allocable to the Project.
Page 7 - 11 Bridge Division
9-2000-L.1
22. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36
and with the property management standard established in Title 49 CFR § 18.32.
23. Inspection of Books and Records
The parties to the Agreement shall maintain all books, documents, papers, accounting
records and other documentation relating to costs incurred under this Agreement and shall
make such materials available to the State, the Local Government, and, if federally funded,
the Fcdcral I-Iighway Administration (FHWA), and the U.S. Office of the Inspector
General, or their duly authorized representatives for review and inspection at its office
during the contract period and for four (4) years from the date of completion of work
defined under this contract or until any impending litigation, or claims are resolved.
Additionally, the Statc, the Local Government, and the FHWA and their duly authorized
representatives shall have access to all the governmental records that are directly applicable
to this Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
24. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984,
P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB
Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after
August 31, 2000.
25. Civil Rights Compliance
The. parties to this Agreement shall comply with the regulations of the U.S. Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
26. Disadvantaged Business Euterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
27. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." The
parties to this contract shall require any party to a subcontract or purchase order awarded
under this contract to certify its eligibility to receive federal funds and, when requested by
Page 8 - 11 Bridge Division
9-2000-L.1
the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29
(Debarment and Suspension).
28. Lobbying Certification
Iu executing this Agreement, the signatories certify to the best of his or her knowledge and
belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of 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, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Local Government shall complete and submit the
Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
c. The parties shall require 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.
By executing this Agreement, the parties affirm this lobbying certification with respect to
the Project and affirm this certification of the material representation of facts upon which
reliance will be made. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
29. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns. and administrators of such other party in respect to all covenants of this
Agreement.
Page 9 - 11 Bridge Division
9-2000-L.1
30. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
Page 10 - 1 I Bridge Division
9-2000-L.1
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
BY~ ~ ~ ~ - -
Signature
Fred Henneke
Printed Name of Signatory
Title: Kerr County Judge
Date: ~~ati /~~
TIIE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approvcd and authorized by the Texas Transportation Commission.
By; ~p~6w °~.5~-x~o~
Mary Lou , P.E.
Director, Bridge Division
Date:
(9_z~_ol
Page 11 - 11 Bridge Division
9-2000-L.1
~~-I'ach~en~~
J ..

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KERB COUNTY COMMISSIONERS COURT
Regular Session
Monday, May 14, 2001
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
~ Ceninea coPY
pie,„. ~ ~a~
Apart: Janaep Pieper, Kert CAUnIy qe~c
PRESENT: FREDERICK L. HENNEKE, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
LARRY GRIFFIN, Commissioner Pct. 9
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I N D E X
May 14, 2001 PAGE
--- Commissioners Comments 3
--- Approval Agenda 7
2.1 Presentation of Workplace Safety Award U`~~''$i0N 22
2.2 Introduce new EMS Coordinator, Kyle Young O'Sevss~ v^~ 24
2.3 Amend Kerr County OSSF Order regarding property
transfer inspections and procedures`Z'~013 ra.10~`~ 26
2.4 Appointment of Stuart Barron as OSSF Designated
Representative & Floodplain Administrator aa'o~r"' 34
2.5 Appoint Sharon Keith to EMS Advisory Board a-~o~`~ 37
2.6 Application to NRA Foundation Grant Program ~1E~1~' 39
2.7 Discuss Motorola's request to extend deadline fora B,o~g,
RFP's for communication system to July 25, 2001 41
2.8 Adopt S.O. Policy & Procedures manual ~~-ot~i 47
2.9 Printing of 100 copies of 5.0. Policy/Procedures
manual and binders for each o1~-n~ 51
2.12 Open bids for Kerr County depository ~~ ~~ 59
2.14 PUBLIC HEARING - Abandoning, discontinuing, and
G~SL.~55 ~0^~
vacating Treiber Trail in Japonica Hills 62
2.15 Abandoning, discontinuing and vacating Treiber
Trail in Japonica Hills a-~'Oa"a 63
2.16 PUBLIC HEARING - Abandoning, discontinuing, and
vacating Verde Mesa Drive E. in Vista Ridge~'Sc"s3'° 65
2.17 Abandoning, discontinuing and vacating Verde a ~ ° ~ 3
Mesa Drive E. in Vista Ridge 66
2.10 Contract with Animal Control for transportation
and housing of estray animals ~~' °~~ 67
2.18 Advertisement of public hearing to eliminate a~-paj
duplicate road names for county-maintained roads 74
2.19 Approve name changes for duplicate road names
for privately-maintained roads a-~'D a'`° 77
2.20 Final plat, Shonto Ranch Estates 7~ ~} 79
2.21 Concept plan, Hutte Acres ~•,SCJSS''D''' 80
2.22 Prelim. revision of plat, Lots 97, 98, 100, 101,
117B, 117 C, 117 D, 119C & 119D, Falling Water ~~~8 84
2.23 Prelim. plat, Cypress Springs Estates, Phase II y~~90
2.24 Prelim. revision, Lots 1, 17, 18 19, 21, 22, 44, 3°
& Common Area, Cypress Springs Estates, Phase I'~ 98
2.13 Award/reject bids for Kerr County Depository'~~3~103
2.25 Keith Longnecker's proposal for architectural 3~G3 z
services to finish out lower level of courthouse 106
2.26 Supporting House Bill 1445, authorize County ~Bo33
Judge to write letter to the State 25
2.27 Change date of first July meeting to July 6th ~~"3~27
2.28 Allocation of office space for systems support
& Information Systems Support Specialist ~~3 S 129
2.29 County funding of placement of 2 portable toilets
at Lake Ingram Dam from May 25 - Sept. 9, 2001 a~~95
2.30 Approval of Hermann Scns Bridge funding agr~ext~ent 148
P2ge'-'~ : of v
Atten: Jannett Pieper, Kerr Goenty Cierlt
148
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COMMISSIONER GRIFFIN: That's right. Fair is
fair.
COMMISSIONER BALDWIN: That's right.
JUDGE HENNEKE: Motion made and seconded.
All in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. I think that
was an aye by Commissioner Williams. Item Number 30,
consider and discuss the approval of Hermann Sons Bridge
Advanced Funding Agreement with TexDOT and authorize County
Judge to sign same. Commissioner Letz.
COMMISSIONER LETZ: This -- I alluded to this
this morning. The price tag of the permanent structure
jumped in the last two weeks from about $600,000 to about
$900-something thousand. The -- and while we're at this
point, I guess about 10 days ago I met with Bill Tucker and
Mike Howard, and we walked the river to find out where the
best location would be for a permanent structure, and pretty
much identified what makes the most cost-effective -- even
2 though it seems pretty expensive, the cost-effective
3 location. And, they cannot authorize -- they will not start
4 doing the work on it until we pass this -- or, I guess,
5 approve this agreement and authorize it. What it adds up to
m co
P2pe 3~ a ~
Attest: Jannett Pieper, Kert County g8rk
149
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is a commitment of the County for $92,110, plus 100 percent
of all right-of-way acquisition costs, and there will be
right-of-ways to acquire this new location. Any location --
anywhere we move the bridge or put the bridge is going to
have a right-of-way scenario to it. This is probably less
than some of the other options that we looked at. But,
that's where we are. Timing, it would be constructed
basically 12 months from now, hopefully. That's their best
guess, is 12, 14 months from now, so next budget year. But,
we need to figure out where we're going to come up with
$92,110. Plus the --
COMMISSIONER GRIFFIN: We really need to come
up with 12 now.
COMMISSIONER LETZ: And the $12,000, I think,
will come out of the -- the flood money. I mean, to me,
that's something -- the bridge washed out due to a flood, so
we can tap that fund that we have to use for floods right
now, and then look at, during the budget process, exactly
what -- where the balance of the money is going to come
from. But, $12,000 can come out of that fund, and the
majority of the money may be able to come out of that fund.
COMMISSIONER GRIFFIN: How much is in that
fund? Do we know?
COMMISSIONER LETZ: A hundred and --
MR. TOMLINSON: About 110, I think.
J
Ariest: Janneri Pieper, Kerr CutmlY GeIK
150
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COMMISSIONER LETZ: Quite a bit. Z don't
know.
MR. TOMLINSON: We've spent some of it.
COMMISSIONER LETZ: We're going to use some
of it on the temporary, but a lot less on the temporary than
we at one point thought. But, it still -- but, anyway,
that's where we are. I'll make a motion that we approve the
Advanced Funding Agreement with Texas Department of
Transportation.
JUDGE HENNEKE: Do you want to address the
issue of funds?
COMMISSIONER LETZ: And the $12,000 --
JUDGE HENNEKE: Or later? We have 3U days.
COMMISSIONER LETZ: Just do it now. And the
512,000 fee, which is to be due within 30 days, will come
from the -- what, flood --
MR. TOMLINSON: Flood Control.
COMMISSIONER LETZ: Flood Control fund.
COMMISSIONER GRIFFIN: And authorize County
Judge to sign same.
COMMISSIONER LETZ: Correct.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: ~a,k9oved by Commissioner Letz,
seconded by Commissioner Williams, that the Court approve
the Advanced Funding Agreement for Hermann Sons Bridge with
Pie ~.:,s~.a ~
Attest: Jannett Pieper, Kert County Clerk
151
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the Texas Department of Transportation and declare a budget
emergency and to allocate $12,000 from the Flood Control
line item for the initial payment of the County's portion of
that project. Any questions or comments?
COMMISSIONER LETZ: I'll -- my only comment
would be that during my commentary, I made a comment about
engineering versus just getting the job done. TexDot's
engineering fee is 5120,000 for this project.
(Discussion off the record.)
JUDGE HENNEKE: Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. I believe
that's all. We are adjourned. We have a workshop posted
for 2 o'clock on sunset, so we'll see everyone at 2 o'clock.
(Commissioners Court adjourned at 12:15 p.m.)
A C6rIrtIBd Copy
Pepe ~ (.__~_• of ~
Attest: Jennett Pleper, Kert County Ctedc
'ttte dernmeee a .etae tNa manes
1e eRized b ^ b4 tree eod ec'retx coq
of tle aijmel m Lie and of eecad a
~ ~~ J ~ C_C ~(,~ ~
ATTEST.
/UANNETT P Canty Clerk
~r u- .ern- ~c.- i,fc~ h
CHFN A. THOM .SON, /kpth
ATTACHMENT B
PROJECT LOCATION MAP
Bridge Division
9-2000-L.1
County: Kerr
CSJ:	0915-15-080
Project:	BR
Road/Street:	Hermann Sons Road
NBI Structure No.:	133-AA00285-001
Local Designation No.: S	~,y~ ~p ,~
!
~~	(p.2l.'O1
ATTACHMENT C
ESTIMATE OF DIRECT COSTS
Estimated Cost
Preliminary Engineering (PE)
Ten (10) Percent or EDC Adjusted Percent,
Local Government Participation in PE
Construction
Engineering and Contingency (E&C)
The Sum of Construction and E&C
(1) $ 120,000
$ 670,400
$130,700
(2) 801,100
Ten (10) Percent or EDC Adjusted Percent,
Local Government Participation in the Sum
of Construction and E&C
Total Local Government Participation
Total Project Direct Cost
(1+2) $ 921,100
Local
Governmcnt
Participation
(3) $12.000
(4) $ 80,110
(3+4) $ 92.110
Bridge Division
9-2000-L.1