Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110 January 20, 2004 Kerr County Courthouse Attn: The Honorable Pat Tinley Kerr County Judge 700 Main Kerrville, Texas 78028 RE: 0915-15-080 Off-System Bridge Agreement Amendment No. 1 Dear Judge Tinley: Attached are two (2) fully executed, original counterparts of the referenced document. Please initial and date both copies next to the corrections that were made on the tabbed pages of the supplemental agreement. Please retain one original for your files and return one original to the Consultant Contracts Management Office, attention Melissa Jordan. Should any questions arise, please contact Melissa at (210) 615-5817. Thank you for your patience and cooperation in this matter. Sincerely, .,_ .~ c~ -~~•~,~,(~i„y~-~_ John Saldana, P.E. ,. ECMO Manager Attachment /j qe An Equal Opportunity Employer ORtBtNAI County: CSJ: Project: Road/Street/Highway: 15 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 O 15-133A OA 285-001 133-AAf~0285-001 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 brida~e ~ the Guadalupe River, as well as approaches to the brid.~e; and ~;/HEREAS, 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 fiord 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 member NA, dated NA; and BridgeAPWP Page 1 - 9 Bridge Division Rev 10/02/03 3-2002-A.1 A WHEREAS, if tinder the previously executed agreement the required local match fiend 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, may be 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 strictures 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 team "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 ilmding 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 AGREE1v[ENT Article 1. Description of Amendment Items Amenchnent 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 Engineering 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). Pam - 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 Pr~ect 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 fiend 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 otl~er~vise required 10% fund 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 stnict~.ires, 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 applicable) On School Bus Route? (Yes/No) Historic Bridge? (Yes/No) Description of Structural or Safety Improvement Work Estimated Cost Town Creek Yes No Replace two (2) low water crossings $110,500 Total $110,500 WP (See Note *1 EMP work credited to this P 5110,500 _ 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. l A Amendment Item F. -Article 17, Responsibilities ofthe Local Government on Equivalent-Match Projects, is added which reads as follows: "Article 17. Responsibilities of the Local Govenunent on Equivalent-Match Projects A. 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 for the bridge stnichires. If requested, the State may provide assistance in these areas, as may be appropriate in order to facilitate the completion of the equivalent-match project(s), utilizing the existing resources of the department. B. The stnictural 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 stnictural 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'J.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 ol-t by the other party." Article 2. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly tinder 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. BridgcAPWP Page 6 - ~) Bridge Division Rev 10i02i0 ~ 3-2002-A. l A IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT i By: ._._-- - ignature Pat Tinley Printed Name of Signatory Title: Kerr County Judge Date: / ~. "~2' ~ ~ - 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. B ~ ~~-~~ Y Mary Lou Is, P.E. Director, Bridge Division Date: ~ ' $ `© ~' BridgeAPWP Page 7 - 9 Bridge Division Rev t 0/02!0 ~ 3-2002-A.1 A COllnty: CSJ: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: KeCC 0915-15-080 Hermann Sons Road Guadalupe River 0 15-133 285-001 133-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) 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 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 $16,034 (4) $106.450 (5) ( $12,000 ) (6) ( ~ $0 ) Balance of Local Government Participatio to be Waived li.~~ ~~, z2~/gS~ (3+4-5-6) $110,484 Total Project Direct Cost ' (1+2) ¢~.~2?,~ ,I C°~~ 8-p¢ * Credited Against Local Government Participation Amount of EMP Work Credited to this PWP as Shown in Amendment Item E. $110,500 (1) $160,344 (3) $890,800 $173,706 (2) $1,064,06 BridgeAPWP Page 8 - 9 Bridge Division Re~~ 1n~~2/03 3-200?-A.1A !~ COUNTY JUDGE PAT TUVLEY COMMISSIONERS COURT H.A. "BUSTER BALDWUV, PCT. I WILLIAM "BILL WILLIAMS. PCT. 2 .IONATHAN LET2. PCT. 3 DAVE NlcxoLwn, Pcr. 4 County of Kerr Project BR 2002(87)OX CSJ: 0915-15-080 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, ~~~~/ c~~~ rA~vr ~o ?003 GE~ENT FF~~TS CLERK .IANNETT PIEPER COURT COORDDVATOR THEA SOVIL 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, `.~~, ~ al \~G _ tee`` , \h' o;, . THE COUNTY COURT of KERB COtJNTY,TEXAS 7OO Ma1N 1~FRRVILLE, TExns 78028 TEL: (830)792-2211 Fax: (830)792-2218 E-Maa. kerrcocc~klc.com October 15, 2003 Kerr County Judge rx;~1~~,~r~ Y ORDER NO. 2871 RESOLUTION TO TEXAS DEPARTMENT OF TRANSPORTATION FOR HERMANN SONS FRIDGE On thi s the iEth day of May, 2Q~Q~3, ~.tpon motion made by Commissioner Lets, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-QE, to•pass a Resolution to the Texas Department of Transportation for Participation Waiver for Hermann Sons Fridge and the location for the work obligation from the County are two locations on Town Creek, and a~~thorize the County Judge to sign same. T 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 referred to as deficient) bridges located on public roads and streets off the desiDnated 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) Structure 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 09-27-01,Control-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 l0 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 l 0 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 structwal improvement work on other deficient bridges or deficient mainlane, 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 of`-systen-, bridge project is $11C.485.00 (dollars), hereinafter referred to as the "participatjon- waived" project, such participation requirement the Local Government proposes be waived and in return perform or cause io 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 projects} 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 Town Creek ON SCHOOL BUS ROUTE Yes DESCRIPTION OF IMPROVEMENT Replace two low water crossings ESTIMATED COST $ l l a. 800 Page l of 2 BE IT FURTHER 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 Govemment 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 .. _ _. _ ~gnature Pat Tinley Title: Kerr County Judge Date: S-/2-Q.~ Page 2 of 2