TEXAS
DEPARTMENT OF TRANSPORTATION
P. 0. Box 951
Kerrville, Texas 78029-0951
March 10, 1992
CSJ: 0915-15-010
Highway: CR 151
County: Kerr
Hon. Bill Stacy
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
Subject: Off-State System Bridge Program
CR 151 (Indian Creek Road)
Dear Judge Stacy:
Transmitted herewith is your copy of the Construction and Maintenance
Agreement executed by the Department for the replacement of Indian Creek
bridge.
Your check in the amount of $48,400 covering the initial 10% of the
estimated project cost has been placed in the District 15 Rapid Deposit
Account.
Thank you for your cooperation in this matter.
Sincerely,
Bill M. Tucker, P.E.
Supv. Resident Engineer
BMT:jb
Attachment
An Equa/ Opportunity Employer
COUnty Kerr
Control 915-15
Project
Road/Street CR 151 (Indian Creek Rd)
CC.ISTRUCTI0~1 AND .."+III~"I'E."IANCZ' AGREEMEC]T
FOR BRIDGE REPLACE:^.F~]'^ CR F2EHABILZTATICN
OFF THE STATE SYSTEM
THIS AGREII~NT, made on the date shown hereinafter, by and bet~,een the Texas
Department of Transportation, hereinafter called the "Department", and
uo,-,- rn,,,,t.. a local government, or goverrmental agency
or entity, hereinafter called the "C~vernt^.ental Agency" acting by and through its
County Sudge and by virtue of the authority shown on E.ehibit A
attached hereto and made a part hereof.
FI I T T1 E S S E T H
4IIIERFAS, the Governmental Agency is owner of a bridge located on a public road
or street within its jurisdiction at rRisi lrr,A;a„ r`,-aeti 8r1~ aacLthra
Guarla l+tna Rivar and
47E~f2FAS, under Title 23, United States Code as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987 and subsequent
Federal legislation, a program entitled 1937-91 Off-State System Federal-Aid
Bridge Replacement and Rehabilitation Program has been approved by the Texas
Transportation Commission and said bridge is included in this aroeram; and
tom, it is incumbent urn the Department to assure accomplishment of this
~.~rk.
AGREEME*7T
NGS4, TfiEf2EFORE, 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. ^.he 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 cork authorized herein. r'~..cisting
utilities will be adjusted in respect to location and type of instal'_ation in
accordance with requirements of the Department.
3. "he Governmental Agency agrees to provide 208 of the actual construction
cost of the bridce replacement or rehabilitation project including preliminary
engineering and construction engineering, or that poztion of the cost of the
project not reimbursable by the Federal Highway Pdministration. "_he Governmental
Agency further agrees to acquire, at no cost to the Departnent, 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 Texas Department of
Transportation an amount equal to 108 of the estimated cost of the project.
Forty-five days prior to the Department's scheduled date far the contract '_etting,
the Governmental Agenc} 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 pav the Governmental Agency's obligation, then the Department =_hail immediately
notify the Cwernmental 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. Zf, 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 ,cans,
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 such services perfo~ned by the Department not
reimbursable by the Federal Highway Hdministration will be the responsibility of
the Governmental Agency. It is mutually agreed that as the project is developed
to the cronstruction stage, both parties shall approve the plans try 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 cronflict 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. '"he 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.
-2-
P.' TESTL'"SONY ?iHERFOF, the carties hereto have caused these presents to be
executed in duplicate on the date herein stated.
THE GC7VER^3~if'NTAL A(~E:7CY
,lame of Governmental Agency
By
WILLIAM G. (BILL) STACY
KERB COUNTYJUDGE
700 Main Sheet
Kemille, Texas 78028
Title of Executing Official
"~~ STATE.' OF TEXAS
Certified as being executed `or the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work
programs heretofore approved and
authorized by the Texas Transrx~rtation
Camnission under the authority of
[^.inute Order 100002.
APPRO~IED:
By
Luis `_' ape P.E.
Director of ridges
and Structures
Date ~ - 2 5 ~~j Z
AT'T'EST:
`~G~ il~G1.e~
PFa ark
i i tl
By: ~ deputy
sther R. arz
-3-
ORDER NO. 20785
DECLARE AN EMERGENCY TO APPROVE TEIQ
PERCENT (10$) EXPENDITURE FOR
INDIAN CREEK ROAD AND AUTHORIZATION
OF A HAidDCHECK
On this the 10th day of February 1992, upon motion made by Commissioner
Oehler, seconded by Commissioner Lackey, the Court UNANIN.OUSLY APPROVr'.D
BY A VOTE OF 4-0-0, to declare an emergency and authorize a handcheck
for $48,400.00 made payable to Texas Department of Transportation for
the Indian Creek Road Project and authorization for Judge Stacy to
sign Construction and Maintenance Agreement between Kerr County and
Texas Department of Transportation.
The County Treasurer and the County Auditor are hereby authorized to
draw a voucher for $48,400.00 made payable to Texas Department of
Transportation.
E XNiB~T -4
THE STATE OF TEXAS X
COUNTY OF KERR X
I, YATRICIA DYE, 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 URDEk NU. 20785 passed by the
Commissioners' Court on the 10th day of February A.
D. 15~~, as the same appears of record in Volume R
Yage 548 _, of the Minutes of the Commissioners' Court of
Kerr County, Texas.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of
office at Kerrville, Texas, on this 20th day of Fehruaiy
A. D. 19 9~
PATRICIA DYE
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners' Gourt of Kerr
County, Texas
~ I
Esther R. Garza Deputy