ORDER N0. 17624
APPROVAL OF EXECUTION OF CONTRACT FOR VERDE CREEK BRIDGE
ON ELM PASS ROAD AND AUTHORIZATION FOR PAYMENT TO THE
STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION IN THE
AMOUNT OF $37,800.00
On this the 21st day of December 1987, upon motion made by
Commissioner Ray, seconded by Commissioner Lich, the Court
unanimously approved the execution of a Contract for Verde
Creek Bridge on Elm Pass Road, between the State Department
of Highways and Transportation and Kerr County, and
that County Judge Edwards be authorized to execute the
contract on behalf of Kerr County.
It is ordered by the Court that the County Treasurer and
County Auditor be authorized to draw a voucher on the Road
and Bridge Fund in the amount of $37,800.00, which is l0a of
the County's portion of $378,000.00 of the estimated cost.
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COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR
ROBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION R. E. ST0T2ER, JR.
ROBERT C. ZANIER P . ~ . BOX 9 51
RAY STOKER, JR. Kerrville, Texas 78029-0951
. January 27, 1988
IN REPLY REFER TO:
Hon. Danny Edwards
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
Subject: 1987-91 Off-State System Federal-Aid
Bridge Replacement and Rehabilitation Program
Dear Judge Edwards:
Attached for your files is a copy of the executed Agreement
regarding the bridge construction on Elm Pass Road at Verde
Creek.
Please note that the Agreement is dated January 15, 1988.
Therefore, in accordance with paragraph no. 3, the County is
expected to submit its check for 10~ of ,the project cost
within 30 days of this date.
If you have any questions, please let us know.
Sincerely,
. ,~
Bill M. Tucker
Supv. Resident Engineer
BMT:jb
Attachment
cc: Mr. Leroy Surtes
District Bridge Engineer

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CONSTRUCTION AND MAINTENANCE AGREEMENT
,;
:P ~•~ FOR BRIDGE REPLACEMENT OR REHABILITATION 4.'' '~.
• - - ~ OFF THE STATE SYSTEM ' • ~ ~ I.
THIS AGREEMENT, made on~the date shown hereinafter,'by and between the
'State Oepartment of Highways and Public Transportation, hereinafter called the
~~' "Department", and KERB COUNTY a local govern-
ment, or governments agency or ent ty, hereina ter ca a the "Governmental
Agency" acting by and through its COMMISSIONERS' COURT ~ ~ and by Virtue
Hof the authority showh on Exhibit A attache hereto an :ma e a part hereof.
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WHEREAS, the Governmental Agency is owner of abridge located on a public
''road or street within its jurisdiction at ELM PASS ROAD AT
VERDE CREEK 1'ST.~ No. AAo27ZOO/ ; an
WHEREAS, under Title 23, United States Code as amended by the Surface
Transportation Assistance Act of 1978 and subsequent Federal legislation, a
program entitled
Federal-Aid Bridge ep acement an Reha itat on rogram as een approve y
,the State Highway and Public Transportation Commission and said bridge is
included in this program; and '~
WHEREAS, it is incumbent upon the Department to assure accomplishment
of this work. ~ .
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.AGREEMENT
NOW, THEREFORE, in consideration of the premises and of mutual cove-
Hants and agreements of•the parties hereto to be by them respectively kept
• and performed, as hereinafter set forth, it is agreed as follows:.
. -,
1. The Governmental Agency hereby authorizes the Departmen~.or its
contracted consultant and Department's contractor to enter on the site of
said bridge and adjacent right of way or relocation right of way to perform
surveys, inspection, construction and other purposes necessary to replace
or rehabs l~tate said bridge and approaches. ~,~.
2. The Governmental Agency agrees to provide, at its expense, the
necessary adjustment of any and all utilities and services, whether
publicly or privately owned, as may be necessary to permit the work
authorized herein. Existing utilities will be adjusted in respect to loca-
tion and type of installation in accordance with requirements of the
Department.
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3. The Governmental Agency agrees to provide 20X of'the actual
construction cost of the bridge replacement or rehabilitation project
including preliminary engineering and construction engineering, or that
' portion of the cost of the project not reimbursable by the Federal Highway
Administration. The Governmental Agency further agrees to acquire, at no
~ cost to the Department, any additional right of way, if required.
Within 30 days following execution of this agreement the Governmental
Agency agrees to pay to the Department by check made payable to the State
Department of Highways and Public Transportation an amount equal to lOX of
the estimated cost of the project. Forty-five days prior to the
Department's scheduled date for the contract letting, 'the Governmental .
Agency agrees to pay to the Department an amount equal to the remaining lOX
of its obligation. If, at any time during plan development or construction
of the project, it is found that, the amount received is insufficieht to pay
the Governmental Agency's obligation, then the Department shall immediately
notify the Governmental Agency which shall promptly transmit the required
amount to the Department. After the project is completed, the actual cost
will be determined bythe Department, based on its standard accounting pro-
cedures, and any excess funds paid by the Governmental Agency shall be
returned to the Governmental Agency.
4. If, after execution of the agreement, the Governmental Agency
elects to terminate the project, the Governmental Agency shall be re-
sponsible for those eligible expenses incurred by the State which are
attributable to the project.
5. The Department will prepare or provide for the construction plans,
advertise for bids and let the construction contract, or otherwise provide
for the construction and will supervise the construction or reconstruction
as required by the plans. The cost of all services performed by the
Department will be borne by others. It is mutually agreed that as the pro-
ject is developed to the construction stage, both parties shall approve the
plans by signature approval thereon, and a copy of such plans will be
attached hereto, marked "Exhibit 6", and made apart hereof.
6. In the event the terms of this agreement are in conflict with
the provisions of any other existing agreements and/or contracts between
the Governmental Agency and the Department, this agreement shall take
precedence over the other agreements and/or contracts.
1. Upon completion of the project, the Governmental Agency agrees to
accept ownership and operate and maintain the facility authorized by this
agreement for the benefit of the public without charge. .
8. The Governmental Agency agrees to indemnify the Department against
any and all claims for damages to adjoining, abutting or other property for
which the Department is or may be liable arising out of, incident to or in
any manner associated with or attributed to~the project.
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1-85

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IN TESTIMONY I,MEREOF, the parties hereto have caused these presents to
be executed in duplicate on the date herein stated.
THE GDYERNMENTAL AGENCY THE STATE OF TEXAS
B~
KERR
DANNY
~MISSIQNERS'
ency COURT
DGVARDS
COUNTY JUDGE
t e o xecut ng c a
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Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorised by
the State Highway and Public
Transportation Commission:
APPROYEO: .
By
Dep y rector
pe(,uty plreato~. OeeIQ~} '
~ Gonetroauon
Date ~-~~~-~~
ATTEST:
PATRI C IA L. DYE
COUNTY CLERK
~t e

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7-85

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ORDER NO.•17624
APPROVAL OF EXECUTION OF CONTRACT FOR VERDE CREEK BRIDGE
ON ELM PASS ROAD AND AUTHORIZATION FOR PAYMENT TO THE .
STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION IN THE
AMOUNT OF $37,800.00
On this the 21st day of December 1987, upon motion made by
Commissioner Ray, seconded by Commissioner Lich, the Court
unanimously approved the execution of a Contract for Verde
Creek Bridge on Elm Pass Road, between the State Department
" of Highways. and Transportation and Kerr County, and
that County Judge Edwards be authorized to execute the
contract on behalf of Kerr County.
It is ordered by the Court that the County Treasurer and
County Auditor be authorized to draw a voucher on the Road
and Bridge Fund in the amount of $37,800.00, which is 10~ of
the County's portion of $378,000.00 of the estimated cost.
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TtiC STATS OF TEXAS X
COUNTY OF KERR X


I, PATP.ICIA DY1;, Clerk of the County Court and Ex•Officio
Clerk of the Commissioners' Court of Kerr County, Texas,
do hereby certify that the above and foregoing is a true
and Correct copy of ORDCR N0. 17624 passed by the
Coi~issioners' Court on the 21st ay of December .
- A. D. 19 s7 as the same appears of recor n vo ume 4 ,
Pa~c 519 of the ?4inutes of the Commissioners' Court of
Kerr o~unCy, 'texas. .
IN TESTIMONY S~IHEREC~F, I have hereunto set my hand and seal
i of office at Kerrville, Texas, on this 2~ day of December .
A. D. 19 s7
PATi;IC IA DYE
Clerk of the Count Court
and Cx-officio Clerk of the
Commissioners'.Court of Kerr
County. Texas
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.. .EXf//e~T, A
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