ORDER 28467 AMENDED CONTRACT WITH TxDOT FOR CONSTRUCTION OF HERMAN SONS BRIDGE On this the 22"a day of December, 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved a vote 4-0-0 To approve the amended Contract with TxDot for construction of Herman Sons Bridge. COMMISSIONERS' COURT AGENDA REQUEST ~ ~ ~~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz ''- OFFICE: Commissioners' Court MEETING DATE: December 22, 2003 TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Amended Contract with TxDot for construction of Hermann Sons Bridge project. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Comm. 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: 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 prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court_ Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110 November 13, 2003 Kerr County Courthouse Attn: The Honorable Pat Tinley Kerr County Judge 700 Main Kerrville, Texas 78028 RE: Control: 0915-15-080 Project: BR 2002(87)OX County: Kerr Limits: Hermann Sons Road @ Guadalupe River Dear Judge Tinley: Attached are hvo (2) copies of Amendment No. 1 to the Off-System Bridge Agreement for the referenced project. Please return both copies of this agreement, bearing original signatures, to the Consultant Contract Management Office, attention Melissa Jordan at your earliest convenience. Once the both copies of this agreement have been returned, the Department will fully execute the agreements, and an original will be returned to your office for permanent files. Your prompt attention to this matter would be greatly appreciated. Thank you, in advance, for your assistance. Sincerely, . ~ n 7 ~,1\,~ n`/~~-~ /mmj Attach. A/S cc: Area Office John A. Saldana, PE CMO Manager ,~ An Equa! Opportunity Employer County CSJ Project Road/Street/Highway 1 ~ Digit NBI Structure No. Local Designation No. Feature Crossed STATE OF TEXAS § COUNTY OF TRAVIS § Kerr 0915-15-080 BR 2002(87)OX Herman Sons Road 15-133AA0285-001 133-AA00285-001 Guadalupe River CONSTRUCTION AND MAINTENANCE AGREEMENT For Bride Replacement or Rehabilitation Off the State System AMENDMENT NO. 1 THIS Advance Funding Agreement Amendment (the Amendment) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the County of Kerr, acting by and through its duly authorized officials, hereinafter called the "Local Government." THIS Amendment relates to waiver of the local match fund participation requirement with performance by the Local Government of an equivalent dollar-amount of structural or safety improvement work. The calculated local match fund participation requirement shall be based solely on the estimate of project costs included in this Amendment. WITNESSETH WHEREAS, the State and the Local Government executed an agreement on June 26, 2001 to effectuate the project to replace Herman Sons Road bride @, the Guadalupe River, as well as approaches to the bride; and WHEREAS, the previously executed agreement provides that the Local Government shall pay the State (1) 10% of the actual costs for preliminary engineering incurred by the State, (2) 10% of the actual cost of construction, construction engineering and contingency, or other local match fund participation percentages as adjusted for Economically Disadvantaged County (EDC) consideration under the provisions of Texas Transportation Code Section 222.053, and (3) 100% of the cost of any project cost item or portion of a cost item that is not eligible for Federal or State participation; and WHEREAS, in consideration of such EDC status that may be applicable for this project, the required local match fund participation for this project has been adjusted to NA percent as authorized by Texas Transportation Commission Minute Order number NA, dated NA; and BridgeAPWP Page 1 - 9 Bridge Division Rev 10/02/03 3-2002-A. l A WHEREAS, if under the previously executed agreement the required local match fund participation included payment by the Local Government of a portion of the State's indirect costs for the project items that are eligible for State or Federal participation, such payment(s) for indirect cost not already received by the State, may be waived under the provisions of Texas Government Code Section 2106.08; and WHEREAS, Texas Administrative Code, Title 43, Section 15.52(3)(C) provides for the Local Government match fund participation requirement to be based solely on the estimated project direct cost; and WHEREAS, Texas Administrative Code (TAC) Title 43, Section 15.55(d) provides that the Local Government's required 10% fund participation in a project, or required percentage as adjusted for EDC consideration, maybe waived provided the Local Governmental body commits by written resolution, attached hereto as Exhibit B, to spend an equivalent amount of funds for structural or safety improvement work on another bridge structure or structures provided, however, that the State will not reimburse funds already received under the terms of a previously executed agreement; and WHEREAS, such a waiver request and resolution has been received and considered by the State, including a finding by the State that the Local Government is in full compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under 23 CFR 650.3, the State and the Local Government mutually agree to effectuate the waiver; and WHEREAS, the previously approved project on which the Local Government's required fund participation is being waived shall be hereinafter referred to as the "participation-waived project" (PWP); provided, however, that the term "project" when used elsewhere in the agreement and this amendment shall be construed as the "participation-waived project" unless the context clearly indicates otherwise; and WHEREAS, the "other" project or projects on which the Local Government proposes to perform structural or safety improvement work in a dollar amount equal to the Local Government fund participation amount waived shall be hereinafter referred to as "equivalent- match projects" (EMPs); and WHEREAS, if one or more advance funding payments have already been received by the State from the Local Government in accordance with the previously executed agreement, including payment for any of the State's indirect costs for the project items that are eligible for State or Federal participation, and, while no portion of these payments can be reimbursed to the Local Government, such payments should be credited against the dollar-amount of the equivalent- match project (EMP) work required to be performed by the Local Government under this agreement amendment. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows. BridgeAPWP Page 2 - 9 Bridge Division Rev 10/02/03 3-2002-A.1 A AGREEMENT Article 1. Description of Amendment Items Amendment Item A. -The second preamble paragraph under Agreement Article 4, Project Funding, is revised to read as follows: "However, the project being designated as a "participation-waived project", the Local Government's otherwise required 10% fund participation or required percentage as adjusted for EDC consideration, and less any local match fund participation to be paid or already paid to the State, is waived as further described in Article 16 herein. The Local Government shall pay the State 100% of the cost of any project cost item or portion of a cost item that is not eligible for Federal or State participation, and/or any changes in work made at the request of the Local Government." Amendment Item B. - In Agreement Article 4, Project Funding, the sub-articles relating to preliminary engineering costs, payments, and estimate of project cost are each amended to read as follows: " Preliminary En~ineerin~ Costs -The State will document its costs incurred for preliminary engineering with completion of an estimate of total project cost preparatory to letting to contract construction, and, if appropriate, shall notify the Local Government of its share of these costs when submitting notice pursuant to Article 4(D) and/or 4(E). Payments - If appropriate, forty-five calendar days prior to the State's scheduled date for the contract letting of the participation-waived project, the Local Government agrees to pay to the State an amount equal to the Local Government's agreed upon participation in the project. The Local Government shall promptly and faithfully provide payment of any funds required of the Local Government. The State will not pay interest on the funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the state treasury. Estimate of Project Direct Cost - An estimate of the direct cost of the project is provided in Exhibit A of this agreement amendment which supersedes all previous estimates. Under 43TAC§15.55(d), the calculated local match fund participation requirement shall be based solely on this estimate." Amendment Item C. -The caption-title of Agreement Article 5, Project Administration and Accomplishment of Work, is amended to read as follows: "Article 5. Project Administration and Accomplishment of Work on the Participation- Waived Project." BridgeAPWP Page 3 - 9 Bridge Division Rev 10/02/03 3-2002-A.1 A Amendment Item D. -Agreement Article SF is added which reads as follows; "Receive and keep on-file documentation of the work completed on the equivalent-match projects as described in Article 17C herein." Amendment Item E. -Article 16, Equivalent-Match Project(s), is added which reads as follows: "Article 16. Equivalent-Match Project(s) In consideration of waiver of the Local Government's otherwise required 10% fiord participation on the participation-waived project or required percentage as adjusted for EDC consideration, the Local Government shall perform an equal dollar-amount of or safety improvement work, less any local match fund participation on this project to be paid or already paid to the State, on other deficient bridges or non-bridge classified drainage structures, referred to as equivalent-match project(s), as follows:" List of District Engineer Approved Equivalent-Match Project(s) (EMP) for Participation-Waived Project (PWP) Location (and structure identification number, if a licable) On School Bus Route? (YeslNo) Historic Bridge? (Yes/No) Description of Structural or Safety Improvement Work Estimated Cost Town Creek Yes No Replace two (2) low water crossin s $110,500 Total $110,500 EMP work credited to this PWP (See Note *) $110,500 Balance of EMP work available to associated PWP(s) $0 Associated PWP(s) Control-Section-Job (CSJ) Amount to be Credited to Associated PWP (s) Note *: This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Exhibit A. BridgeAPWP Page 4 - 9 Bridge Division Rev 10/02/03 3-2002-A.lA Amendment item F. -Article 17, Responsibilities of the Local Government on Equivalent-Match Projects, is added which reads as follows: "Article 17. Responsibilities of the Local Government on Equivalent-Match Projects A. Tl~e Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal enviro~lme~ltal regulations and permitting requirements for the bridge structures. If requested, the State may provide assistance in these areas, as maybe appropriate in order to facilitate the completion of the equivalent-match project(s), utilizing the existing resources of the department. B. The structural or safety improvement work on the equivalent-match projects shall be performed within three calendar years after the contract award of the participation-waived project. C. Documentation of completion of the structural or safety improvement work on the equivalent-match project(s) shall be provided by the Local Government by letter to the State's applicable District Engineer, no later than 30 calendar days after work completion. This documentation shall include copies of the final structural design plans used in constructing or reconstructing bridges under the equivalent-match project(s). D. Failure by the Local Government to adequately complete the equivalent-match projects within the stated three-year period, shall result in the Local Government being excluded from receiving such waivers for a minimum of five years." Amendment Item G. -Article 18, Notices, is added which reads as follows and which supercedes all previous provisions for notices: "Article 18. 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: Texas Department of Transportation Attention: Melissa Jordan, CCMO P.O. Box 29928 San Antonio, Texas 78229-0928 BridgeAPWP Page 5 - 9 Bridge Division Rev 10/02/03 3-2002-A.1 A Local Government: Kerr County Courthouse Attention: Honorable Judge Pat Tinley 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 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." Article 2. The state auditor may conduct an audit or investigation of any entity receiving fiends from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Article 3. All other provisions of the original agreement are unchanged and remain in full force and effect. Article 4. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. BridgeAPWP Page 6 - 9 Bridge Division Rev 10/02/03 3-2002-A.1 A IN TESTIMONY HEREOF, the parties hereto have caused these presents t~~ he executed in duplicate counterparts. THE LOCAL GOVERNMENT By: ~~ re Pat Tinley Printed Name of Signatory Title: Kerr County Judge Date: /,Z~,Z,2- 2~.3 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: Mary Lou Ralls, P.E. Director, Bridge Division BridgeAPWP Page 7 - 9 Bridge Division Rev 10/02/03 3-2002-A.1 A County: Kerr CSJ: 0915-15-080 Road/Street/Highway: Hermann Sons Road Feature Crossed: Guadalupe River 15 Digit NBI Structure No.: 15-133-AA0285-001 Local Designation No.: 133-AA0285-001 EXHIBIT A ESTIMATE OF DIRECT COSTS (NOTE: This estimate supersedes any and all those that may have been provided previously.) Local Government Estimated Cost Participation Preliminary Engineering (PE) (1 } Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation Construction Engineering and Contingency (E&C) The Sum of Construction and E&C (2) Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid by Local Government Amount of Advance Funds to be Paid by Local Government Balance of Local Government Participation to be Waived Total Project Direct Cost (1+2) * Credited Against Local Government Participation $160,344 (3) $16,034 $890,800 $173,706 $1,064,506 (4) $106.450 (5) ( $12,000 ) (6) ( $0 ) (3+4-5-6) $110,484 $1,222,850 Amount of EMP Work Credited to this PWP as Shown in Amendment Item E. $110,SOOError! Bookmark BridgeAPWP Page 8 - 9 Bridge Division Rev 10/02/03 3-2002-A. l A ;~A~~ of ~ x I~ , h; ~ !~ \~~'~~,,,H or ~~~' COC~T~ JUDGE Per TINLEY COMMISSIONERS COURT II..~. "BUSTER" BALDWDV~ PCT. I ~~ ILLUM "BILL WILllAMS, PCT. 2 JOVATHAN LETZ. PCT. J Day E NICHOLSON. Pcr. 4 County of Kerr Project BR 2002(87)OX CSJ: 0915-15-080 THE COUNTY COURT of KERB COUNTY, TEXAS 700 MAIN fit ltltvu.i [, Ti xn~ 78028 CLERK Tel. (830)792-2211 JANNETT PIE~ER FaK (830)792-2218 E-nnAU.. kerrcoce «ktc.com COURT COORDINATOR THEA SOVII. October 15, 2003 Road: Hermann Sons Road Featured Crossing: Guadalupe River NBJ Str. No. 15-133-AA0285-001 Local Design. No: 15-133-AA0285-001 Texas Department of Transportation Kerrville Area Office Mike Coward Area Engineer Interim P O Box 294029 Kerrville, TX 78029-4029 SUBJECT: Request for Waiver of Local Match Fund Participation Requirement on Federal Dear Mr. Coward, R~CFI V~D ocT? ~~ C~~GEMEN ~NTR4C roFF~~ETs Under the provisions of Texas Administrative Code, Title 43, Section 15.55(d), this Local Government requests waiver of the local match fund participation requirement on the above referenced federal off- system bridge program project referred to as the "participation-waived" project. In return for waiver of this participation, it is proposed that our Commissioners Court perform or cause to be performed, an equivalent dollar amount of structural improvement work on deficient mainlane cross-drainage structures, referred to as "equivalent-match project(s), within the jurisdiction of Kerr County. A copy of the appropriate required resolution and Court Order # 28071 adopted by the Commissioners Court is attached. Sincerely, Kerr County Judge ORDER NO. 28O7i RESOLUTION TO TEXAS DEPARTMElrlT OF TRANSPORTATION FOR HERMANiV SDNS L~RIDGE On thi s the 22th day of May, ?QtQe3, ecpon mot ion made by Commissioner Let z, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-Qt, to•pass a Resolution to the Texas Department of Transportation far Participation Waiver for Hermann Sons Rr~idge and the location for the work obligation from the County are two locations on Town Creek, and authorize the County Judge to sign same. RESOLUTION The State of Texas County of Kerr WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively refer ed to as deficient} bridges located on public roads and streets off the designated state highway system; and WHEREAS, Kerr County hereinafter referred to as the Local Government owns a bridge located at Hermann Sons Road Crossing of the Guadalupe River, on Hermann Sons Road, National Bridge Inventory (NBI) Structwe Number 15-133-AA0285-001, Local Designation Number 15-133-AA085-001; and WHEREAS, a project to remedy the bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 108653. dated 09-27-O1,Cortrol-Section-Job (CSJ) Number 0915-15-080; and WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the l0 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mauilane, cross-drainage-structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated local match fund participation requirement on the approved federal o~ systen-~ bridge project is $l 1C.485.00 (dollars), hereinafter referred to as the "pariicipation- waived" project, such participation requirement the Local Government proposes be waived and in retum perform or cause to be performed equivalent-match project structural improvement work. THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed, the following equivalent-match project(s) in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program (participation-waived) project not yet awarded: LOCATION ON SCHOOL BUS ROUTE DESCRIPTION OF IMPROVEMENT ESTIMATED COST Town Creek Yes Replace two low water crossings Page l of 2 $l l0, S00 BE IT FUR"I~HER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structwe, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. 5. The Local Government will be allowed three years after the contract award of the participation-waived project to complete the structural improvement work on the equivalent- match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. Kerr County -- By: ~gnature Pat Tinley Title: Kerr County Judge Date: ~-/2-03 Page 2 of 2