ORDER NO. 18092
AFPROVAL OF EXECUTION OF CONSTRUCTION-MAINTENANCE AGREEMENT
FOR THE REPLACEMENT OF THE GUADALUPE RIVER BRIDGE ON LANE
VALLEY ROAD AND AUTHORIZATION FOR PAYMENT TO THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IN THE AMOUNT
OF $50,500.00
On this the 6th day of September 1988, upon motion made by
Commissioner Lich seconded by Commissioner Holland ,
the Court unanimously approved the execution of a Construction-
Maintenance Agreement between the State Department of Highways
and Public Transportation and Kerr County, and authorizing the
County Judge to execute the agreement an 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 $50,500.00, which is 10~ of the County's
portion of the estimated cost.
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COMMISSION STATE DEPARTMENT OF HIGHWAYS
AOBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION
JOHN R. BUTLER, JR. P . O. BOX 951
AnvsroKER,JR. Kerrville, Texas 78029-0951
September 2, 1988
Control 915-15
Lane Valley Rd. at Guadalupe River
Kerr County
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:
ENGINEER-DIRECTOR
R. E. STOTZER, JR.
IN REPLY REFER TO
Attached is an original of the Construction-Maintenance
Agreement for the replacement of the Guadalupe River Bridge
on Lane Valley Road.
The date on the agreement is August 11, 1988. Paragraph 3
of this agreement requires the County to furnish to the
State 108 of the estimated cost within 30 days of the executed
agreement. This amount should be forwarded to the State upon
receipt or no later than September 11, 1988. The required
108 is $50,500.00.
Your earliest submission of the total amount will be appreciated.
Sincerely,
Bill M. Tucker, P.E.
Supv. Resident Engineer
CAB:jb
Attachment
County KERR ~O`^ "" " ~ ~v~~
Control
Project
Highway LANE VALLEY ROAD
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REffABILITATION
OFF THE STATE SYSTEM
THIS AGREEMENT, made on the date shown hereinafter, by and
between the State Department of Highways and Public Transportation,
hereinafter called the "Department", and KERP. COUNTY ,
a local government, or governmental agency or entity, hereinafter
called the "Governmental Agency" acting by and through its
CODIZ•lISSIONERS' COURT and by virtue of the authority shown on
Exhibit A attached hereto and made a part hereof.
W I T N E S S E T H
WHEREAS, the Governmental Agency is owner of a bridge located
on a public road or street within its jurisdiction at LANE
VALLEY ROAD AT GUADALUPE RZVER (Str. No. AA02800011 and
LVHEREAS, under Title 23, United States Code as amended by the
Surface Transportation Assistance Act of 1978 and subsequent Federal
legislation, a program entitled the 1987-91 Off-State SyGtQm
Federal-Aid Hridge Replacement and
Rehabilitation Program has been approved by 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 accomplish-
ment of this work.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of 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:
1. The Governmental Agency hereby authorizes the Department 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 rehabilitate said bridge and approaches.
2. The Governmental Agency agrees to provide, at its =xpense, 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 location and type of installation in accordance with requirements
of the Department.
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7-85
3. 'Phe Governmental Ayency agrees to provide 20~ 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 t}ie Department, any .additional right
of way, if required.
Within 30 days following execution of this agreement the Govern-
mental Agency agrees to pay to the Department by check-made payable to
the State Department of [lighways and Public Transportation an amount
equal to 108 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 108 of its obligation. If, at any time during plan
development or construction of the project, it is found that the
amount received is insufficient to pay the Governmental Agency's
obligation, then the Department shall immediately notify the
Governmental Agency which shall promptly transmit ttie required amount
to the Department. After ttie project is completed, the actual cost
taill be determined by the Department, based on its standard accounting
procedures, and any excess funds paid by the Governmental Agency shall
be returned to the Governmental Agency.
9. If, after execution of the agreement, the Governmental Agency
elects to terminate the project, the Governmental Agency shall be
responsible for those eligible expenses incurred by the State tghich
~ 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 project is developed to thh construction
stage, both parties shall approve the plans by signature approval
thereon, and a copy of such plans will be attached hereto, marked
"Exhibit B", and made a part 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.
7. 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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IN 'i'ES't'IMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the date herein stated.
TtFE GOVERNMENTAL AGENCY
uFRR ('Ot~NTY TEXAS _
Name of Governmeptal Agency
By.
Danr114 R.
County Judge
T tle o Execu ing Official
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ATTEST:
~, A , ~~--
PATRI
County Clerk and -Officio Clerk
of the Commissioners' Court of Kerr
Title
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THE SPATE OF TEXAS
Certified as being executed for
the purpose and effect of activating
and/or carrying out the orders,
established policies, or work progratr
heretofore approved and authorized
by the State Highway and Public
Transportation Commission.
APPROVED:
gy ii ..C>y'~Q~-~.
Beni=~+ >_;:
Bridge Engineer
Date /-1a~ds'~//, /988
County, Texas
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ORDER NO. 18001
MOTION TO MOVE UP PROGRAM ON PROJECT (2)P,;°; 1982-1991 OFF STATr.
SYSTEM FEDERAL AID BRIDGE REPLACEMENT AND REHABILITATION
PROGRAM - GUADALUPE RIVER ON LANE VALLEY ROAD, BETWEEN THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND
KERR COUNTY
On this the 12th day of July 1988, upon motion made by
Commissioner Lich, seconded by Commissioner Baldwin, the
Court unanimously approved that the County Judge be authorized
to sign a Letter of Intent to move up the Program on PROJECT (2)
RE: 1987-1991 OFF;,'TA"~ SYSTEM FEDERAL AID BRIDGE REPLACEMENT
AND REHABILITATION PROGRAM - GUADALUPE RIVER ON LANE VALLEY
ROAD, between the State Department of Highways and Transporta-
tion and Kerr County, Texas, and to make payments as required
thereunder.
E XNiBi T A
THE STATE OF TE}CAS X
COUIQTY OP ICEP.R X
I, PATRICIA DYE, Clerk of the County
Clerk of the Commissioners' Court of
do hereby certify that the above and
and correct copy of ORDER N0. 18001
Commissioners' Court on the 12th~ay
A. D. 19 ~, as the same appears of
of the Minutes of the Commissioners'
Te:cas .
Court and Ex-Officio
Kerr County, Texas,
foregoing is a true
passed by the
of ~~~~~~
recor ad- s manifest,
Court of Kerr County,
IN TESTItIONY [•1HEREOF, I have hereunto set my hand and seal
of office at Kerrville, Texas, on this 3rd day of August _
A. D.1988 .
PATRICIA DYE
Clerk of the County Court
and Ex-officio Clerk of tt:e
Commissioners' Court of Kerr
County, Texas
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Dorot~y_L: Pfeifferi'e'~puty
EXN/Bi7 .4
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DANNY R. EDWARDS
COUNTY JUDGE. KERR COUNTY
KERRVILLE, TEXAS 78028
September 7, 1988
Mr. Bill Tucker, P. E.
Supv. Resident Engineer
State Department of Highways and Public Transportation
P. O. Sox 951
Kerrville, Texas 78029-0951
Re: Control 9I5-15
lane Valley Road at Guadalupe River
Kerr County
Dear Mr. Tucker:
PHONE 51 &25]fi]t1
Enclosed please find	Kerr	County's check number 3191 in the	amount of $50,500.00 for
10% of the estimated	cost	of the lave Valley Bridge scheduled	to be built by the 1987-
91 Off-State Federal	Ald	Bridge Replacement and Rehabiltation	Program.
Should further information be needed, please advise.
Very truly yours '
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DANNY R. EDWARDS
County Judge
DRE:Is
Enclosure - 1
' ~ Chas. Schreiner Bank THE STATE OF TEXAS
Kerrville,Texas 78028 THE TREASURER OF THE COUNTY OF KERR N°_ 3191
~b~ ORDER THE SUM OF Flfty thousand five hundred $ no/100 DDLLARGSn~Snn Il0-
b OUT OF THE ~ ROAD ~ BRIDGE FUND, BEING THE AMOUNT ALLOWED BY THE COMMISSIONERS' COURT
~_}}++,,,,~~I~ ITS Ge~ TERM 19$~ORDER NO. I809Z FOR ~~~ e4t G04t Ta~Va11 eVB['1~
w~ PAY TO THE ORDER OF ~ 1S-611-661
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O I State Department Of lll~,}1Way5 ~ Pul)1] C' KERRVILLE. TEXAS THIS _~ OAY OF Sept 1S
Transportation ~~ ~ ~1~,> ~
C UNTV TREASURER