ORDER NO. 30212
RESOLUTION AND WAIVER LETTER CONCERNING TXDOT OFF-
SYSTEM BRIDGE PROGRAM FOR HOOT OWL ROAD @ JOHNSON
CREEK
Came to be heard this the 26th day of March, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Approve adoption of the Resolution and Waiver Letter concerning TXDOT off-
system bridge program for Hoot Owl Road @ Johnson Creek, National Bridge
Inventory (NBI) Structure Number 15-133-0-AA01-09-001, Local Designation
Number 133-AA01-09-001 Bridge.
,~~~ 3t~a~~-
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO
BE REVIEWED BY THE COURT.
MADE BY: Bruce Oehler
MEETING DATE: March 26, 2007
OFFICE: _Counry Commissioner, Pct. 4_
TIME PREFERRED:
SUBJECT: (please be specific) Consider, discuss and take appropriate action on
adoption of Resolution and waiver letter concerning TXDOT off-system bridge program
for Hoot Owl Road @ Johnson Creek, National Bridge Inventory (NBI) Structure
Number 15-133-0-AA01-09-001, Local Designation Number 133-AA01-09-001 Bridge.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
_Comm. Oehler, Pct. 4_
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:
5:00 P.M. on the Tuesday prior to the meeting.
THIS REQUEST RECEIVED BY:
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 towards your request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court, Cour[ Order No. 25722.
#30 12
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COUNTV JUDGE
PAT TINLEY
COMMISSIONERS COURT
H.A. °BUSTER" BALDWIN, PCT. t
wILL1AM H. wILL1AMS, PCT. 2
JONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. Q
The State of Texas
County of Kerr
THE COUNTY COURT
OF
KERB COUNTY, TEXAS
700 Main, Kemille, Texas 78026
TeI: (830) 792-2211
Faz: (830) 792-2218
E-mail: commissioners@co.kert.lx.us
RESOI,l1'fION
CLERK
JANNETT PIEPER
COURT COORDINATOR
JODY GRINSTEAD
WHF,REAS, 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
designated state highway system; and
WHEREAS, Kerr County, hereinafter referred to as the Local Government owns a bridge
located on Hoot Ow- Road (a~ Johnson Creek, National Bridge Inventory (NBi) Structure
Number 15-133-0-AA01-09-001, Local Designation Number 133-AA01-09-001; 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 1 10479 dated
March 30, ?006, Control-Section-Job (CSJ) Number 0915-IS-084; 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 "PAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Govemment 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 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
off system bridge project is $40,686.00, hereinafter referred to as the "participation-waived"
project, such participation requirement the Local Government proposes be waived and in return
perform or cause to he performed equivalent-match project structural improvement work.
TIIEREFORE, 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:
Page 1 of 2
LOCATION (and NBI ON SCHOOL DESCRIPTION OF ESTIMATED
structure identification BUS ROUTE? STRUCTURAL COST
number, if applicable) IMPROVF,MENT WORK
Cade Loop (u.! Guadalupe River Yes Construct new bridge $350,000.00
BE IT FURTHER RESOLVED that in receiving this waiver the Local Government
acknowledges its obligation to conform with all conditions of 43 TAC Section I5.55(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 structure, 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.
APPROVED BY KERR COiJNTY COMMISSIONERS COURT ON THIS 27`h DAY OF
MARCI I 2007
y ,fudge
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Commissioner Precinct 1 Commissioner Precinct 2
Commissioner Precinct 4
Page 2 of 2
COUNTY JUDGE
PAT TINLEY
COMMISSIONERS COURT
H.A. "BUSTER" BALDWIN, PCT. t
WILLIAM H. WILLIAMS, PCT. 2
JONATHAN LETZ, Pcr. 3
BRUCE OEHLER, PCT. Q
March 26. 2007
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THE COUNTY COURT
OF
KERB COUNTY, TEXAS
700 Main, liemille, Texas 78028
Tel: (830) 792-2211
Fax: (830) 792-2218
E-mail: commissioners@w.kemtz.us
Mr. Clay Smith, Y.E.
Texas Department of Transportation -District Office
P.U. Box 29928
San Antonio, Texas 78229-0928
County: Kerr
Project CSJ # 0915-15-084
Road/Street: Hoot Owl Road (a~ Johnson Creek
NBI Str. No.: 15-133-0-AA01-09-001
Local Desig. No.: 133-AA01-09-001
CLERK
JANNETT PIEPER
COURT COORDINATOR
JODY GRINSTEAD
SUBJECT: Request for Waiver of Local Match Fund Participation Requirement on Federal
Off-System Bridge Program Project
Dear Mr. Smith:
Under the provisions of Texas Administrative Code, Title 43, Section 15.55(dj, 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 governing body perform, or
cause to be performed, an equivalent dollar amount of structural improvement work on other
deficient bridge(s) or deficient mainlane cross-drainage structure(s), referred to as "equivalent-match
project(s)", within the jurisdiction of our governing body.
A copy of the appropriate required resolution adopted by our governing body is attached.
'~`~
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unty Judge
Attachment: Resolution
******xr*****r+as~**s+*****as********s+*s*m***s**s*******a********«***********
For TxDOT Use Only
Waiver Approved
Waiver Disapproved
Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110
July 12, 2007
Kerr County
Honorable Pat. Tinley
County Judge, Kerr County
700 E. Main Street
Kerrville, TX 78028
RE: Off-System Bridge Advance Funding Agreements
CSJ 0915-15-084 (Hoot Owl Road), 0915-15-085 (Lazy Valley Road), 0915-15-086
(Camp YMCA-Arrowhead), 0915-15-087 (Crossing Street), 0915-15-088 (Ehlers Road)
& 0915-15-089 (Cypress Creek Loop}
Dear Judge Tinley:
Attached are the fully executed, original counterparts of the referenced documents for your files.
Should any questions arise, please contact me at (210) 615-6305.
Thank you for your patience and cooperation in this matter.
Sincerely,
Jessica Castiglione, P.E.
Mobility Engineer
Attachments
cc: .Mike Coward, P.E.
An Equal Opportunity Employer
CSJ #_0915-15-084_
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (a~ Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For Bride Replacement or Rehabilitation
Off the State System
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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 Kerr County, acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the
States in the replacement or rehabilitation of deficient bridges located on public highways, roads
and streets, including those under the jurisdiction of local governments; 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 Hoot Owl Road (a~ Johnson Creek and said bridge(s) is included in the currently
approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program
(HBRRP) as authorized by Texas Transportation Commission Minute Order number 110479,
dated March 30, 2006; 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, hereinafter called 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:
Bridge-Bridge_AFA Page 1 of 16 Bridge Division
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CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (a~ Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
AGREEMENT
1. 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 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 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 maybe 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.
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CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road ~a, Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
The Local Government authorizes the State, its consultant, contractor, or other designated
representative to enter the sites} 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.
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, including any cost to the State of a delay resulting from the Local
Government's failure to ensure that utility facilities are adjusted, removed, or relocated
before the scheduled beginning of construction. The Local Government will not be
reimbursed with federal or state funds for the cost of required utility work. The Local
Government must obtain advance approval for any variance from established procedures.
Before a construction contract is let, the Local Government shall provide, at the State's
request, a certification stating that the Local Government has completed the adjustment of
all utilities that must be adjusted before construction is completed.
8
9.
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 D, "Estimate of Direct Costs".
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.
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 Bamers 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).
Bridge-Bridge_AFA Page 3 of 16 Bridge Division
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CSJ # 0915-15-084
District # O15/San Antonio
Code Chart 64 # 50133
Project: Hoot OwI Road (cry, Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
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.
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 D, "Estimate of Direct Costs".
b. Attachment D provides a source of funds estimate as well as the estimated direct
preliminary engineering, construction engineering, and construction costs for the
Project in total and by the Local Government.
c. The required Local Government participation is based solely 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 HBRRP.
Bridge-Bridge_AFA Page 4 of 16 Bridge Division
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CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road a(~, Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
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 D for
the Local Government's 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.
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 maybe applicable for the Project, the required
local match fund participation has been adjusted to N/A percent.
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.
m. The state auditor may conduct an audit or investigation of any entity receiving funds
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.
Bridge-Bridge_AFA Page 5 of 16 Bridge Division
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CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road C~ Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
An entity that is the subject of an audit or investigation must provide the state auditor
with access to any information the state auditor considers relevant to the investigation
or audit.
14. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return
for Waiver of Local Match Participation Funding on Participation-Waived Projects
(PWPs)
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 D, "Estimate of Direct
Costs", 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 or safety improvement on "other" bridge structures 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 C to this Agreement
shows a list of EMP(s) under this Agreement.
b. Project Cost Estimate for PWP. Attachment D 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 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 D to this Agreement.
d. Responsibilities of the Local Government on EMP(s).
(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 or safety: 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(s).
(3) Written documentation, suitable for audit, of the structural or safety 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.
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CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road Ca, Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
e. 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 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: Texas Department of Transportation
Attn: Jessica Castiglione, P.E. -Mobility
P.O. Box 29928
San Antonio, Texas 78229-0928
Local Government: Kerr County
The Honorable Pat Tinley
700 Main Street
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.
16. Legal Construction
In case one or mare 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
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CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road n, Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
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
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.
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,
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CSJ # 0915-15-084
District # O15/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (a7 Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
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 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 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
the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29
(Debarment and Suspension).
Bridge-Bridge_AFA Page 9 of 16 Bridge Division
Rev 04/17/06 10-2002-L.1
CSJ # 0915-15-084
District # O15/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (a~ Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
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 3.1 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.
Bridge-Bridge_AFA Page 10 of 16 Bridge Division
Rev 04/17/06 10-2002-L.1
CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (a~ Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
30. Local Government Restrictions
In the case that the local government has an existing, future or proposed local ordinance
commissioners court order, rule policy, or other directive that is more restrictive than the
state or federal regulations that results in an increase cost to the State for the project, the
local government is responsible for all increased costs associated with the ordinance, order,
policy, directive, or change.
31. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
~/" S~_ i~attn'~
Printed Name of Signatory
Title: ~ ,n -~ s ' 3 ,Q.c R
Date: ~ /'~~-,r i ~ ~~
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:
William R. Cox, PE
Director, Bridge Division
Date: ~ ~' ~ '' D
Bridge-Bridge_AFA Page 11 of 16 Bridge Division
Rev 04/17/06 10-2002-L.1
#30212
~~P ~ ~~ ~
~ ' ~ ~
~ ,~
~~
G'a~nry of ~e~~
THE COUNTY COURT
COUNTY .TUDGE
PAT TINLEY
COMMISSIONERS COURT
H.A. °°BUSTERer BALDWIN, PCT. I
WILLIAM H. WILLIAMS, PCT. 2
JONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. 4
OF
KERB COUNTY, TEXAS
700 Main, Kemille, Texas 78028
Tel: (830) 792-2211
Fax: (830) 792-2218
E-mail: commissioners@co.kerr.tx.us
RESOLUTION
The State of Texas
County of Kerr
ATTACHMENT A
Resolution
CLERK
JANNETT PIEPER
COURT COORDINATOR
JODY GRINSTEAD
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
designated state highway system; and
WHEREAS, Kerr County, hereinafter referred to as the Local Government owns a bridge
located on Hoot Owl Road @ Johnson Creek, National Bridge Inventory (NBI) Structure
Number 15-133-0-AA01-09-001, Local Designation Number 133-AA01-09-001; 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 110479 dated
March 30, 2006, Control-Section-Job (CSJ) Number 0915-15-084; 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 10 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 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
off-system bridge project is $40,686.00, hereinafter referred to as the "participation-waived"
project, such participation requirement the Local Government proposes be waived and in return
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:
Page 12 of 16
LOCATION (and NBI ON SCHOOL DESCRIPTION OF ESTIMATED
structure identification BUS ROUTE? STRUCTURAL COST
number, if applicable) IMPROVEMENT WORK
Cade Loop @ Guadalupe River Yes Construct new bridge $350,000.00
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 structure, 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 projects}.
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.
APPROVED BY KERB COUNTY COMMISSIONERS COURT ON THIS 27~h DAY OF
MARCH 2007
y Judge
Commissioner Precinct 1 Commissioner Precinct 2
Commissioner Precinct 4
page 13 of 16
~i
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r
Fl~~hetst~lze: Spring
~t~ x~,~»z ' u
Dos _~nro~'os
l ~~a,aal-o~-oo l
Hoot Owl Hollow ' _
Oi•er Johnson Creek
_ __ ,
_____~ __
~IZ~O
~~.~1oT~-TART EI~IGIl~TE~IZING
__ _ _ __
Page 14 of 16
\ I ! -~ i
A'T1,ACHM~N°~' ~
Project Y..ocation Map
~~
CSJ # 0915-15-084
District # O15/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (cry Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
ATTACHMENT C (See Note **)
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT-MATCH PROJECT(S) (EMP)
Note *: This total should typically equal the "Balance of Local Government Participation" that
is waived as shown in Attachment D.
Note**: This attachment not applicable for non-Participation-Waived Projects (PWP)
Page 15 of 16 Bridge Division
Bridge-Bridge_AFA 10-2002-L.1
Rev 04/17/06
CSJ # 0915-15-084
District # 015/San Antonio
Code Chart 64 # 50133
Project: Hoot Owl Road (cry Johnson Ck
NBI Structure # 15-133-0-AA01-09-001
ATTACHMENT D
ESTIMATE OF DIRECT COSTS
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
Balance of Local Government Participation
which is to be Waived where the
Project is a PWP
Total Project Direct Cost
Local Government
Estimated Cost Participation
$48,579.00
$303,620.00
$ 54,652.00
(2) $358,272.00
(3) $4,857.90
(4) $35,827.20
$0.00
(6) $0.00
(3+4-5-6) $40,685.10
(1+2) $406,851.00
* Credited Against Local Government Participation Amount
If this Project is to be a PWP, Amount of
EMP Work Being Credited to this PWP as
Shown on Attachment C.
$40,686.00
Brid e Division
Bridge-Bridge_AFA Page 16 of 16 10-2002-L.1
Rev 04/17/06