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ORDER NO. 18092
APPROVAL 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 a~reemez~t Qn 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 $50,500.00, which is I0~ of the County's
portion of the estimated cost.
Kati ;~,,,.
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F.
~ COMMISSION STATE DEPARTMENT OF IflGHWAYS
ROBERT H. DEOMAN, CHAIRMAN AND PUBLIC TRANSPORTATION
JOHN R. BUTLER. JR. P . O . BOX 9 51
RAY STOKER, JR. Kerrville, Texas 78029-0951
September 2, 1988
Control 915-15
Lane Valley Rd. at Guadalupe River
Kerr County
Hon. Danny Edwards
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas ?8028
Subject: 1987-91 Off-State System Federal Aid
Bridge Replacement and Rehabilitation Program
Dear Judge Edwards:
1.' ~
ENGINEER-DIRECTOR
R. E. STOTZER, JR,
IN REPAY REfER TO
Attached is an original of the Construction-Maintenance
Agreement for the replacement of the Guadalupe River Bridge
on Lane Valley Road.
The date on the agreement is August 11, 1988. Paragraph 3
of this agreement requires the County to furnish to the
State 10$ 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
10$ 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
' ' ~• ~ - ~ .__ - Coun~.v KERR ~~~ IV ~ 1~ dr-'~''r ,lr ~
Cont ~1 ~_____
' Project _
Highway LANE VALLEY I:tJ,1Ii __
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
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 KERR COUNTY ,
a local government, or governmental agency or entity, hereinafter
called the "Governmental Agency" acting by and through its
CODll+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 RIVER (Str. No. AA0280001) and
WHEREAS, 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 S~rstem
Federal-Aid Bridge 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 sxpense, 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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3. The Governmental Agency agrees to !._ovide 20~ oL 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}~e 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 Iiighways and Public Transportation an amount
equal to 10$ 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
t}~e remaining 10$ 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 the required amount
to the Department. After tfie project is completed, the actual cost
krill 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 t•,thich
~ 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•o~hers. It
is mutually agreed that as the project is developed to thb 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 ar in any manner associated with or attributed
to the project.
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IN '!'CSTIMONY WffEREOF, the parties hereto have caused these
presents to be executed in duplicate can the date herein stated.

TffE GOVERNMENTAL AGENCY
KRRR rcrnaNTY , TEXAS
Name of Governme tal Agency
Ey r~~._
Dan R. dwards
County Judge
T tle o Execu ng O ficial
. .,•
TffE SATE OF TEXAS
Certified as being executed for
the purpose and effect of activating
and/or carrying out the orders,
established policies, or work progra~
heretofore approved and authorized
by the State f~ighway and Public
Transportation Commission.
APPROVED:
f3e~~~y ~~
Bridge 'Engineer

ATTEST:
••
A
County Clerk and E -Officio Clerk
of the Commissioners' Court of Kerr County, Texas
Title '
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