ORDER NO. 19314 APPROVAL TD PAY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR CONSTRUCTION COST FOR ELM PASS BRIDGE OH ELM PASS RDAD On this the 11th day of January 1990, upon motion made by Commissioner Ray, seconded by Commissioner Baldwin, the Court unanimously approved payment to the State Department of Highways and Public Transportation for construction cost for Elm Pass Bridge on Elm Pass Road. The County Treasurer and County Auditor are hereby authorized to draw a voucher on Line Item No. 15-612-585 for $15, 296.77 and made payable to Texas Department of Highways and Public Transportation. The County Treasurer is also authorized to obtain the necessary vendor number from the State Comptroller of Public Accounts for the County. COMMISSIONERS' COURT AGENDA REQUEST • PLEASE FURNISH ONE ORIGINAL AND SEVFN ~(IPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Danny Edwards OFF ICE: County Jude MEETING DATE: January 11, 1990 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consideration of Agreement with State Highway Department on Elm Pass Road at Verde Creek. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Judge Time for submitting this request for Court to assure that the matter Is posted in accordance with Article 6252- i 7 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 informatton attached. THIS REQUEST RECEIVED BY THIS REQUEST RECEIVED ON: LR 1-9-90 Ail Agenda Requests will be screened by the County Judge's Office to determine if adequate informatton has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation w111 be appreciated and contribute towards your request being addressed at the earliest opportunity. .~~iid ~, s:~L=~ COMMISSION ROBERT H. DEDMAN, CHAIRMAN RAY STOKER, JR. WAYNE 8. DUDDLESTEN STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 951 Kerrville, Texas 78029-0951 January 9, 1990 ENGINEER-DIRECTOR R. E. STOTZER, JR., P.E. Project: CC 915-15-7 Control: 0915-15-007 Highway: CR 272 (Elm Pass Rd) Limits: On Elm Pass Rd at Verde Creek County: Kerr IN REPLY REFER TO: Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas 78028 Attention: Judge Danny Edwards Dear Judge Edwards: Attached please find two copies of a proposed escrow agreement in connection with the above referenced project in Commissioner Ray's precinct. For funding participation purposes, this project is in two categories. The portion of this project that includes the bridge and construction 150 ft. past each end of the bridge qualifies for the 20$ County - 80~ Federal participation. (This portion is covered by a previous escrow agreement.} That portion outside the limits of 150 ft. past the end of the bridge doesn't qualify for 80$ Federal participation and is 100 County funded. This enclosed agreement covers that portion of the project that is considered to be 100 County funded and is estimated to be $15,296.77, including Engineering and Contingencies. Please return both copies of the enclosed agreement, signed and executed by the County, along with a warrant or check for $15,296.77 payable to the State of Texas. Kerr County Commissioners' Court January 9, 1990 Page 2 It should be noted that any refund, resulting from an overpayment of funds by this agreement, will require you to furnish us your Vendor Identification Number. The assignment of the number is made by the office of the State Comptroller and any questions regarding the number assignment should be directed to that office. Since the estimated cost portion of this project that is 20$ County funded underran the original estimate, it appears that the initial 10~ that the County previously paid ($37,800.00) is enough to cover the 20$ of the actual plans estimate therefore, no additional funds are required to satisfy this other escrow agreement concerning this project. If you have any questions, please call this office at (512) 257-8444. Sincerely, Bill M. Tucker, P.E. Supv. Resident Engineer DJF:jb Attachments cc: Bill Ray County Commissioner Pct. 2 or +`~ ~ ,:. ,.u ~ . DANNY R. EDWARDS COUNTY JUDGE, KERB COUNTY KERRVILLE, TEXAS 78028 PHONE' 512-2576711 January 12, 1990 Mr. Bill M. Tucker, P. E. Supv. Resident Engineer State Department of Highways and Public Transportation P. O. Box 951 Kerrville, Texas 78029-0951 Project: CC 915-15-7 Control: 0915-15-007 Highway: CR 272 (Elm Pass Rd) Limits: On Elm Pass Rd at Verde Creek Dear Mr. Tucker, Attached please find two copies of escrow agreement signed by the Commissioners' Court of Kerr County, Texas on January 11, 1990. in reference to the above project. Please have the copies signed by the Director, Contract Management and return one completed copy to this office for filing in the County Clerk's Office. Also attached is our check for 515,296.77 to cover that portion of the project that is considered to be 100% County funded. Please be advised that we are making application to the State Comptroller for a Vendor Identification Number in the event of a refund on said project. If you have any questions, or need additional information please contact this office. cerely, ~~~.~ r ~~W anny Edwards Kerr ounty Judge DRE/tch Enclosures CC 915-15-1 Kerr County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this 11th day of January 1990, by and between Kerr County, Texas, hereinafter called the "County", Party of the First Part, acting by and through its Commissioners Court and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the County desires the construction of grading, base and surfacing and incidental items within the limits on Elm Pass Road from 0.1 mile north of Verde Creek to 0.1 mile south of Verde Creek on County Road No. 272, which is solely the County's responsibility and the County has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the County and at the County's sole expense, including preliminary engineering, The estimated construction cost of this work is Fifteen Thousand Two Hundred Ninety Six and 77/100 Dollars ($15,296.77), including contingencies and construction engineering. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the County will transmit to the State with the return of this agreement, executed by the County, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Fifteen Thousand Two Hundred Ninety Six and 71/100 Dollars ($15,296,77), to be used in paying for the proposed work required by the County, It is further understood that the State will construct only those items for the County as requested and required by the County and -1- the entire cost of such items, including preliminary engineering, will be borne by the County. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the County's portion, then the County upon request of the State will forthwith supplement this amount by an amount equal to the County's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the County. It is further understood that the work to be done on behalf of the County, as herein provided, will include the cost of contingencies and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. COMMISSIONERS COURT OF KERB COUNTY T AS Party of the First art By:~ oun Sy:~ omn By: Co~rrr By:~ omrr By: omrr ATTEST: ,~~ -~ -- County C erk STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretof ore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: D1rec or, Con rac Managemen -2- THE STATE OF TEXAS X COUNTY OF KERR X I, Danny Edwards, Kerr County Judge, Kerr County, Texas, do HEREBY CERTIFY that right of way for CR 272 on CR 272 (Elm Pass Road) at Verde Creek, has been acquired according to policies of the State Department of Highways and Public Transportation and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Documentation for compliance with these requirements is available for audit in our files. WITNESS MY HAND AND SEAL OF OFFICE, THIS THE DAY OF ~ p.! a ~., lvc/ , 19 8 9 .