a,
COMMTSSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND "EIGHT" COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: H. A. Baldwin
OFFICE: Commissioner
MEETING	DATE: Janu	ary 19, 1989	TIME PREFERRED:
			
SUBJECT:	(PLEASE BE	SPECIFIC:	Consideration of funding Indian Creek Bridge
Project
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER: NAI.1E OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS
POSTED IN ACCORDANCE WTTH ARTICLE 6252-I? IS AS FOLLOWS:
MEETINGS HELD ON SECOND MONDAY: 12:00 P.M. PREVIOUS WEDNESDAY
MEETINGS HELD ON THURSDAYS: 5:00 P.M. PREVIOUS THURSDAY.
IF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE
ABOVE INFORMATION ATTACHED.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
e
A.M. P.M.
ALL AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE-
TERMINE 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.
~~ `~>
.~
COMMISSION STATE DEPARTMENT OF HIGHWAYS
ROBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION
ROBERT C. LANIER P . O . BOX 9 51
RAY STOKER, JR. KerrVllle, Texas 78029-0951
December 16, 1988
Hon. Danny Edwards
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
Subject: Off-State System Bridge Program
Dear Judge Edwards:
DES '_ `^ ~'':~:'?
ENGINEER-DIRECTOR
R. E. STOTZER, JR.
IN REPLY REFER TO:
We are sending you the attached Agreement for the Bridge Widening
and Rehabilitation of the existing Indian Creek Bridge.
Please note that the Agreement requires the County to pay the
initial 10$ money within 30 days of the completed execution
date. The initial 10°s cost is estimated at $46,400.00. Also
in the first paragraph of the Agreement, Exhibit A refers to a
resolution, or order to be passed by the Commissioners' Court
authorizing the judge or other authorized official to execute
this document necessary for the project.
Please return two original executed copies of the agreement to
this office. If you have any questions don't hesitate to call.
Sincerely,
Bill M. Tucker, P.E.
Supv. Resident Engineer
By:
/' _
Carlton A. Biermann
Engineering Specialist
TDE:jb
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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 ICERP. COUNTY ,
a local government, or governmental agency or entity, hereinafter
called the "Governmental Agency" acting by and through its
COP~IISSIONERS' 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 INDIAN
CP.EEK ROAD AT GUADALUPE RIVER 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
Federal-Aid Bridge Replacement and
Rehabilitation Program has been approved by the State Higi~way 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 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 location and type of installation in accordance with requirements
of the Department.
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3. The Go~~Y'nmental Agency agrees to p:~^~ide 20g of the actual
construction cosy 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 Govern-
mental Agency agrees to pay to the Department by check made payable to
the State Department of Highways and Public Transportation an amount
equal to l00 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 l00 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 the project is completed, the actual cost
will 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.
4. 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 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 project 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 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 TESTIMOI~. WHEREOF, the parties hereto, ,lave caused these
presents to be executed in duplicate on the date herein stated.
THE GOVERNMENTAL AGENCY
Name of Governmental Agency
By
Title of Executing Official
ATTEST:
THE STATE OF TEXAS
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 authorized
by the State Highway and Public
Transportation Commission.
APPROVED:
By
Deputy Director
Date
.~
~ ~~i~:iC~ ,, l'~~ ,y
Title

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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 KEP.R COUNTY -,
a local government, or governmental agency or entity, hereinafter
called the "Governmental Agency" acting by and through its
CO~S~,ISSI0I~ERS' COURT and by virtue of the authority shown on
Exhibit A attached hereto and made a part hereof.
W I T N E S 5 E T H
WHEREAS, the Governmental Agency is owner of a bridge located
on a public road or street within its jurisdiction at I~IDIAr~'
CP.EEI~ WOAD AT GUADALUPE r IVEF. and
6VHEREAS, 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 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 itsAxpense, 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 Gov"~'nmental Agency agrees to p~"'~ide 20% of the actual
construction cosy of the bridge replacement o~ 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 Govern-
mental Agency agrees to pay to the Department by check made payable to
the State Department of Highways and Public Transportation an amount
equal to l00 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 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 the project is completed, the actual cost
will 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.
4. 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 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 project 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 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.
'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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IN '1'ES~i'IMON_ ~1HEREOF, the parties heretc .gave caused these
presents to be executed in duplicate on the date herein stated.
TH GOVERNMENTAL AGENCY
Name of Governmental Agency
By
THE STATE OF TEXAS
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 authorized
by the State Highway and Public
Transportation Commission.
APPROVED:
By
Deputy Director
Title of Executing Official
ATTEST:
Title
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