Chapter 4: Agreements

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Section 1: Advance Funding Agreements and Amendments

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General Discussion

Advanced Funding Agreements and/or Agreement Amendments (Agreement) are executed when all parties have reached concurrence on how to proceed with project development. Development and execution of the Agreements are an important part of the project development process and bind all parties contractually to dutifully perform the actions set forth in the Agreement and Agreement Exhibits.

Standardized Agreements were created to assist in the development of projects impacting historic bridges. These Agreements fall under the following categories:

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  • Advance Funding Agreements for Bridge Replacement or Rehabilitation Off the State System
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  • Amendments for the Preservation and Adaptive Use of a Historic Bridge Off the State System
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  • Preservation and Adaptive Use of a Historic On-State System Bridge
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Advance Funding Agreements for Bridges under Local Government Jurisdiction

Performing a historic bridge condition assessment prior to obtaining and executing any Agreement is highly recommended for any federally funded off-system project that will impact a historic bridge. Many local governments are unaware that some of their bridges were determined eligible for historic status and assume the bridges can be rehabilitated or replaced without additional environmental hurdles. Local governments often become aware of the bridge’s structural capacity, historic status, and any environment constraints associated with the historic status only after the project development process has begun and the Agreement has been executed.

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  • Conducting the condition assessment prior to execution of the initial Agreement allows the local government to have an accurate appraisal of the condition of the historic bridge before entering into an agreement. Project planning can then account for the additional project constraints.

See the Bridge Project Development Manual for more information on the Highway Bridge Program and the development of the Advance Funding Agreements for Bridge Replacement and Rehabilitation Off the State System.

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Preservation and Adaptive Use Agreements and Amendments

Agreements for historic structures to be preserved for adaptive use purposes are needed when a historic bridge is deemed suitable for monument status or rehabilitation as a pedestrian structure. These Agreements fall into the following categories:

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  • On-system
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  • Off-system
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    • two-party Advance Funding Agreement Amendment to the existing off-system bridge agreement between the state and the local government (owner/recipient)
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    • a three-party Advance Funding Agreement Amendment to the existing off-system bridge agreement between the state, the local government (owner) and another party (recipient)

Standard Agreement forms can be accessed from the Contract Services Division (CSD) internal website or transmitted via email from the Bridge Division Project Manager (BRG PM).

Any local entity owning or receiving a bridge with hazardous material and choosing to not abate the hazard, must sign a special agreement releasing TxDOT’s responsibility of the hazardous material prior to letting the project.

For other non-standard Agreements, please contact a BRG PM.

NOTE: Access to the internal website is available only to TxDOT personnel.

These Agreements are under the purview of BRG. The BRG PM is responsible for ensuring that the actions to be performed within the Agreement Exhibits: are within funding limitations, comply with federal and state requirements, and contain, at a minimum, the required structural work to ensure the historic bridge can safely be used for its intended purpose.

A resolution or ordinance must be included as part of the Agreement if a local government is either the owner or the recipient of the historic bridge. Adding the resolution or ordinance to the Agreement helps to ensure the long term preservation of the bridge by indicating the local government’s intent to perform actions described in the agreement and to maintain the historic bridge.

If the local government is the owner of the historic bridge, the resolution or ordinance must indicate that the local government is agreeing to:

If the local government is retaining ownership or is a third party recipient, the resolution or ordinance must indicate that the local government is agreeing to:

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  • maintain the bridge and the features that give the historic bridge its historic significance;
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  • assume all future legal and financial responsibility for the historic bridge, which may include holding the State harmless in any liability action; and
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  • all proposed actions as described in the Agreement exhibits.
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