ORDER NO. 3667
AP'P'ROVAL OF "CONSTRUCTION AND MAINTENANCE
AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION"
WITH THE TEXAS DEPARTMENT OF TRANSPORTATIDN
On this the `9th day of October^ 1996, upon motian made by
Commissioner Oehler, seconded by Commissioner Lehman, the
Court unanimously approved by a vote of 4-0-0, of
"Construction and Maintenance Agr^eement for Bridge Replacement
or Rehabilitation" for off-site br^idges on Fall Branch Road and
Riverside Dr^ive with the Texas Depar^tment of Transportation
and allow County Judge to sign same.
Co~_~nty 1'.err
CSJ 091-15-016
P'r^o,j ect BR 96 { 336) OX
Road/Street Fall Branch Raad
NBI Str~_~cture No. _133-AA0110-001
Local Designation No.
CONSTRUCTION AND MAINTENANCE
AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THE STATE OF TEXAS XX
THE COUNTY OF TRAVIS XX
THIS AGREEMENT IS MADE by and between the State of Texas,
acting by and thr^augh the Texas Department of Transportation,
her^einafter called the STATE, and _t'.er^r^ County , a
political s~_tbdivision of this state, or a special district that
has the author^ity to finance a highway impr^ovement project,
acting by and thr^ough its County Court , hereinafter
called the LOCAL GOVERNMENT.
WITNESSETH
WHEREAS, Title `3, United States Code, authorises federal
funds to assist local governments in the replacement or
r^ehabilitation of functionally ar struct~_trally deficient
bridges located an a public road or street within its
jurisdiction; and,
WHEREAS, the State, acting by and through the Texas
Transportation Commission, has appraved a program of work for
Off-State-System Federal-Aid Bridge Replacement and
Rehabilitation; and,
WHEREAS, The Local Government awns a bridge located on a
p~_tblic road or street located at the Fall Branch
Road ;and,
WHEREAS, said bridge is included
program of projects as author^ized
Number 1G63Q~3 dated October
the Local Government mutually agr~
Page 1 of 6
in the currently approved
by Commission Minute Order
1995 , and the State and
ee to effectuate the project;
Design Division
04-9b
AGREEMENT
NOW, THEREFORE, in consider^ation of the premises and of
the mutual covenants and agreements contained herein, the
State and the Local Government do agree as follows.
Article 1. Contract Reriod
This agreement becomes effective upon the date of exec~ttian
by the party whose signing constitutes final and full
execution and shall terminate when the work has been completed
or^ as provided in Article 10. "Termination".
Article 2. Right of Entry
The Local Government hereby authorizes the State, its
cons~_iltant, contr^actor, or other designated representative to
enter the site of said bridge and adjacent right of way or
relocation right of way to perform s~_~rver^y s, inspections,
construction and other activities necessary to r^e place or
rehabilitate said bridge and approaches.
Article 3. Utility Adjustsents and Right of Way
The Local Government shall provide, at no cost to the State
or Federal government, the necessary adjustment of any and all
utilities and ser^vices, whether publicly or^ privately held, as
may be necessary to permit the wor^k a~_ithor^ized herein.
Activities a550Clated with relocation and installation of
existing ~_~tilities shall be coordinated with and carried out
in a manner^ that does not conflict with the requirements of the
State.
The Local Government further agrees to acquire, at no cost
to the State or Federal Government, any additional right of
way, if required.
Article 4. Rroject Funding
S~_ibject to Ar^ticle 3. and other provisions as follows, the
general funding formula for these projects involves funding by
the Feder^al Government (BiZiX of the cost) , the State t iQ~'/-? , and
the Local Gover^nment ( iQ~:~> . The State assumes no 1 iabi l ity for
any costs except as authorized her^ein.
The Local Government agrees to pay the State ti) iQ~'rC of
preliminar^y engineering costs incurred by the State, tom) iQ~X
of the act~_~al cost of construction, construction engineering
and contingency, t3) 1+~~X of any pr^o.ject cost item or portion
of a cost item that is not eligible for the federal
participation, and t4> the State's indirect costs based on the
Local Government's entire participation in the project.
Rage E of t; Design Division
04-96
A. Indirect Costs - Texas Government Code, Chapter :-106,
requires the State to recover indirect costs associated with
this agreement. The indirect costs shall be calc~_ilated based
on prevailing rates as determined thro~_~gh the Texas Department
of Transportation's Indirect Cost Recover^y Pr^ogr^am.
P. Rreliminar^y Engineer^ing Costs - The State will document
its costs incurred for preliminary engineering and shall
notify the Local Government of the costs when submitting
notice pursuant to Article 4 tD) and~or 4tE) below.
C. Construction Costs - The act~_~al constr^uctinn cost
consists of the amount of the cantr^act awarded to a contractor
based upon the low bid, any supplements made thereto during
the duration of the project, and construction engineering and
contingencies.
D. Raysents - Thirty days after signing this agreement and
thirty days before beginning the preliminary engineering work,
the State shall notify the Local Government of payment due in
an amount equal to 10X of the estimated cost of project
pr^eliminary engineering and the State's indirect cost on this
amo~_tnt. Forty-five days prior to the State' s sched~_-led date
for the contract letting, the Local Government agrees to pay
to the State an amount equal to the r^eminder of the Local
Government's agreed ~_~pon participation in the pr^o.ject
including indirect casts on that remaining participation.
Subject to Texas law, the Local Gover^nment shall promptly
and faithfully provide payment of the r^equired funds. The
department will not pay interest on the f~_-nds provided by the
Local Government. Funds provided by the Local government will
be deposited into, and retained in, the state tr^eas~_~r^e.
E. Interim and Final Accounting - If during the course, at
ter^mination or at the completion of the project it is found
that the amo~_~nt r^eceived is ins~_-fficient to pay the Local
Government's agreed upon participation, the State shall
immediately notify the Local Government who shall promptly, to
the extent permitted by Texas law, transmit the required
amo~.ant to the State.
At the completion of the project, the State shall use
generally accepted acco~.inting pr^oced~_~res to determine the
actual cost of the project. Excess funds paid by the Local
Gover^nment wi 11 be r-etur^ned. Acco~_~nt ing r^ecords wi 11 be
available at reasonable times at the office of the State for
inspection by the Local Government. The State will provide not
more than four copies of the records when requested by the
Local Government.
F. Costs at Termination - If after full execution of this
agreement the project is ter-urinated at the request of the
Local Gover-nment, the Local Government shall be responsible
for all t10Q-~C) expenses incurred far the project, incl~_-ding
indirect costs.
G. Estimate of Pro.iect Cast - An estimate of the cost of the
project that may be very tentative and made prior to the usual
preliminary engineering phase of a project is
F~age 3 of 6 Design Division
Q-4-9E
provided in Exhibit A of this agreement. Neither the estimate
provided in Exhibit A or any other estimate of cost provided
by the State, shall limit the Local Government's obligations
set o~_~t in provisions of this agreement.
Article 5. Project Adsinistration and Accomplisheent of Work
The State shall ~_~se its own forces to pr^ovide or shall
contract for the following:
A. Prepared the construction plans, specifications and
estimated tF'S&E). At the beginning of the construction stage
the construction plan shall be attached hereto, labeled
Exhibit B, F~roject Flans, and made a part hereof.
B. Coordinated with the Local Gover-nment during plan
preparation and have the Local Government indicated approval
of the project plans by signing the title sheet.
C. Advertise for bids and award the contract.
D. Supervise the work as req~_-ired by the constr~_-ction plans
and specifications
E. Final inspection and acceptance of the completed project.
Article b. Review of Rlans by the Local Government
The Local Government shall provide prompt review of the
construction plans when requested by the State. No review
shall ~_-nd~-ly delay the progress of the project.
Article 7. Local Government Acknowledgeent
The Local Government acknowledges that it is not an agent,
servant, or employee of the State and f~.-rther acknowledges
f~_-11 and complete responsibility for its own acts and deeds
and for those of its agents or employees during the
performance of the work authorized in this contract.
Article 8. Maintenance
After the project has been completed, the Local Government
shall accept full ownership and operate and maintain the
facility a~_~thor^ized by the agreement for the benefit of and at
no charge to the p~_~blic. This covenant shall s~.-rvive the
completion of constr^~_-ction and ter^mination of this agreement.
Article 9. Sole Agreement
This agr^eement constitutes the
State and the Local Gover^nment
prior^ agreement, either writte
project is
F'age 4 of
sole agreement between the
concer^ning this project. Any
n or oral, r^especting this
b Design Division
04-96
hereby superseded.
Article 10. Termination
This agreement may be terminated before the project is
completed by mut~_~al written consent of both parties with
financial responsibilities carried oL-t as assigned in Article
4, F'r^o.ject Funding.
Article li. Notices
All notices to either party under this agreement shall be
deliver^ed personally one to the other^ or sent by mail ar
co~_-rier, postage pre-paid, to the addresses shown on the
signature page of this agr^eement.
Article ic. Ownership of Documents
Upon completion of the project, all documents prepared by the
State shall remain the State's pr^o pert y. The Local Government
shall have +.-nlimited and ~_-nrestricted use of the documents.
Article 13. Successors and Assigns
The State and the Local Gover^nment each binds itself, its
successors, executor^s, assigns and administrators to the other
par^ty to this agreement and to the s~.~ccessor^s, executors,
assigns and administrators of such other party in respect to
all covenants of this agreement.
Article 14. Legal Construction
In the event that one or more of the provisions of this
agreement shall for^ any reason be held invalid, illegal or
~_-nenfor^ceable, such invalidity, illegality ar unenforceability
shall not affect any other pr^ovision herein, and this
agreement shall be construed as if such invalid, illegal or^
unenfor^ceable provision had never been contained herein.
Article 15. Signatory Warranty
The signator^ies to this agr^eement warrant that each has the
authnr^ity to enter intn this agreement on behalf of the
organization they represent.
Page ~ of b Design Division
04-96
IN WITNESS WHEREOF, THE PARTIES HERETO have executed
duplicated co+.tnterpar^ts to effect!tate these agreements.
THE LOCAL GOVERNMENT Kerr County
(Name)
PY /s/Robert A. Denson Date 10-~9-9E
Typed Name and Title of Signatory
Under^ author^ity of Resni+_ttion/Ordinance Number^ Dated
THE STATE OF TEXAS
Executed for the Executive Director^ and approved for the
Texas Tr^anspor^tation Commission +_~nder a+_tthor^ity of Minute Order^
10000:. for the purpose and effect of activating and/or caring
o+_tt the order^s, established policies or^ wor^k programs
heretofore approved by the Texas Transportation Commission.
~,y DATE
Robert L. Wilson, P.E., Director, Division
For the p+_~r^poses of this agreement, notices shall be deemed
deliver^ed when addr^essed and mailed to the following:
The Local Government:
Texas Department of Transportation
Kerr Co+_tnty District Dffice:
N.err CountyCour^tho+_~se P. O. Pox 294c8
700 Main San Antonio, Texas 7884-30E1
Kerrville, Texas 7806
Page 6 of E Design Division
04-9E
County : Ker^r^
CS.7 0915-15-01 ~
Pr^oject PR 96(336)OX
Road/Str^eet Fall Branch Road
NPI Str+_~ct+_ire No. 133-AA0110-001
Local Designation No.
Date of Agreement Execution by Local
Dover^nment
EXHIBIT A TO
CON5TRUCTION AND MAINTENANCE
AGREEMENT
FDR BRIDGE RERLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM-TENTATIVE ESTIMATE OF COSTS
Estimated Locai
Costs Government
Par^t i c i pat i on
F'reliminar^y Engineer^ing (F'E> ~47,55b
Indirect Costs on F'r^eliminar^y
Engineering (8. ~~X) ~ 4, 05
F'reliminar^y Engineer^ing pl~~s
Indirect Costs ~51,E08
Ten t1D) percent Local
Government F'ar^ticipation in the
Sum of F'r^eliminar^y Engineering F'lus
Indirect Costs on Preliminary
Engineer^ing. (Fir^st Payment) ~5, 181
Constr~_~ction Casts ~~84,EQ~Qi
Engineer^ing and Contingency
IE&C) X39,830
Construction Plus
Engineer^ing & Contingency X303, 830
Indirect Costs on the
Sum of Construction + E&C ~E5,888
The s~_~m of Constr^~.~ction, E&C
and attendant Indirect Costs ~3:~9,718
Ten(10) percent Local Government
F'articipatian in the Sum of
Construction, E&C and attendant
Indirect Costs (Second F'ayment> ~3;~', 97:.
Total Local Gover^nment Participation X38, 1~?,:~
Total Project Costs X381, 3:~4
County Kerr
CSJ 0915-iv-215
project BR 9Et335)OX
Road/Str^eet Riverside Dr.
NBI Structure No. _133-AA0188-@01
Local Designation No.
CONSTRUCTION AND MAINTENANCE
AGREEMENT
FOR BRIDGE REPLACEMENT DR REHABILITATION
OFF THE STATE SYSTEM
THE STATE OF TEXAS XX
THE COUNTY OF TRAVIS XX
THIS AGREEMENT IS MADE by and between the State of Texas
acting by and through the Texas Department of Transportation,
her^einafter called the STATE, and Kerr County , a
political s~_ibdivision of this state, or- a special district
that has the authority to finance a highway improvement
project, acting by and through its County Court ,
hereinafter called the LOCAL GOVERNMENT.
WITNESSETH
WHEREAS, Title 23, United States Cade, authorizes federal
funds to assist local governments in the replacement or
rehabilitation of functionally or structurally deficient
bridges located on a public road or street within its
.j urisdiction;and,
WHEREAS, the State, acting by and thro+.~gh the Texas
Transportation Commission, has approved a program of work of
Off-State-System Federal-Aid Bridge Replacement and
Rehabilitation; and,
WHEREAS, the Local Government owns a bridge located on a
p~_iblic road or street located at Riverside Drive ; and,
WHEREAS, said bridge is included in the currently approved
program of projects as authorized by Commission Minute Order
Number 10G303 dated October 199 , and the State and
the Loca] Government mutually agree to effectuate the project;
page 1 of 6 Design Division
~-4-96
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements contained herein, the State
of the Local Government do agree as follows.
Article 1. Contract Reriod
This agreement becomes effective upon the date of execution
by the party whose signing constit~.-tes final and full
exec~.-tion and shall terminate when the work has been completed
or as provided in Article 1-Zi. "Termination".
Article 2. Right of Entry
The Local Government hereby authorizes the State, its
consultant, contractor^, or other designated representative to
enter- the site of said bridge and adjacent right of way or
relocation right of way to perform surveys, inspections,
construction and other activities necessary to replace or
rehabilitate said bridge and approaches.
Article 3. Utility Adjustwents and Right of Way
The Local Government shall provide, at no cost to the State
or Federal government, the necessar^y adj~_-stment of any and all
utilities and services, whether publicly or privately held, as
may be necessary to permit the work authorized herein.
Activities associated with relocation and installation of
existing ~_-tilities shall be coordinated with and carried out
in a manner that does not conflict with the requirement of the
State .
The Local Government further agrees to acquire, at na cost to
the State or Federal Government, any additional right of way,
if required.
Article 4. Rroject Funding
Subject to Article 3. and other provisions as follows, the
general funding form~_-la for these projects involves funding by
the Feder^al Government (8~D/ of the cost>, the State (1~X), and
the Local Government (iQ-X). The State assumes no liability for
any costs except as authorized herein.
The Local Government agrees to pay the State (i) i~X of
preliminary engineering costs inc~_-rr^ed by the State, (2l 10X
of the actual cost of construction, construction engineering
and contingency, (3) 1+D4Z~Y- of any project cost item or portion
of a cast item that is not eligible for the federal
participation, and (4) the 5t ate's indirect costs based on the
Local Governments entire participation in the project.
Rage ~ of 6 Design Division
04-96
A. Indirect Costs - Texas Government Code, Chapter 210E,
requires the State to recover indirect costs associated with
this agr^eement. The indirect costs shall be calculated based
on prevailing rates as determined through the Texas Department
of Transportation's Indirect Cost Recovery Rr^ogr^am.
P. F'reliminar^v Engineering Costs - The State will doc~_tment its
costs incur^r^ed for^ preliminary engineering and shall notify
the Local Government of these costs when submitting notice
p~_trs~aant to Ar^ticle 4(D) and/or 4tE) below.
C. Construction Costs - The actual construction cost consists
of the amo~.tnt of the contract awarded to a contractor^ based
~_tpon the low bid, any s~_tpplements made thereto d~_tring the
duration of the project, and construction engineer^ing and
contingencies.
D. Payments - Thirty days after^ signing this agreement and
thirty days before beginning the pr^eliminary engineering work,
the State shall notify the Local Government of payment d~_te in
an amount equal to 1Qti~ of the estimated cost of pr^oject
pr^eliminar^y engineer^ing and the State's indirect cost on this
amount. Forty-five days prior to the State's scheduled date
for the contract letting, the .Local Government's agr^eed upon
participation in the project including indirect costs on that
r^emaining par^ticipation.
Subject to Texas law, the Local Government shall promptly and
faithfully pr^ovide payment of the required funds. The
department will not pay interest on the funds provided by the
Local Gover^nment. F~_inds pr^ovided by the Local government will
be deposited into, and retained in, the state tr^easur^e.
E. Inter^im and Final Accounting. - If d~_tring the co~_tr^s e, at
termination or at the cnmpletion of the pr^o,ject it is found
that the amount received is insufficient to pay the Local
Government's agreed upon par^ticipation, the State shall
immediately notify the Local Government who shall promptly, to
the extent permitted by Texas law, transmit the req~_~ir^ed
amount to the State.
At the completion of the project, the State shall use
generally accepted accounting proced~_tres to determine the
act~_tal cost of the project. Excess funds paid by the Local
Government wi 1 i be retur^n ed. Accounting recar^ds wi 11 be
available at reasonable times at the office of the State for^
inspection by the Local Government. The State will pr^ovide not
more than four^ copies of the r^ecor^ds when r^eq~.tested by the
Local Gover^nment.
F. Cost at termination - If after full execution of this
agreement the pr^aject is terminated at the request of the
Local Gover^nment, the Local Gover^nment shall be responsible
for all (30Q~X) expenses incurred for the project, including
Cast S.
G. Estimated of F~ro.iect Cost - An estimate of the cost of the
pra.ject that may be very tentative and made prior to the usual
pr^eliminar^y engineering phase of a project is
page 3 of 6 Design Division
Qt4-96
provided in Exhibit A of this agr-~eement. iVeither, the
estimate pr-•ovided in Exhibit A c;r any c;ther estimate of cast
pravlcieci fay the StG~te, shall limit the Local GOVk?rnmer~t's
c,bligatic;ns set o~_it ir-~ provisions of this agreement.
Article 5. Project Administration and Accomplishment of Work
The State shall ~_~~ae its awn farc:•es to provide ar~ shall
car;tr-~act far the following:
A. Prepare the C.Onstr~_lCtian plans, specifications and
estimates tF''S&E7. At th;e beginr;ing of the canstr~~_rc:•tiai~ stage
the constr~_iction plans shall be atttir_hed hereta, labeled
Exhibit ~~, F'7-•o.•7ect Flans, and made a part hereof.
P. Covrdlnate with the Local Government ci~_~ring plan
preparation and have the Local Gover-~r-~ment lnd~.c-ate approval c;f
tt-~e prc7,aec:t plar~;s by signir;g tt-~e title shreet.
C. Advertise far bids and award the car•itr~act.
t~. S~_rpervise the wank as •r,eq~..~ireci y the canstr~_rctian plans
and specific•atians
E. Ei.nal itispectic;n grid acceptance c;f t:t-~e c•ompleted pr-•o.jec•t.
Article 6. Review of F~Ians by the Local Government
The Local Gavernmer7t sht:-~I1 provide prompt review of the
canstr~_ictian plans when; rey~_rested by the State. fuo review
shell ~.and~_rly delay •L-hc~ pragrFSS of thE~ pro,j~ct.
Article 7. Local Government Acknowledgment
l'•h•~e L_acal Gaver-~nment aCkriGWledges that it is slat ati agent
Se7'Varlt, ar employee of the State and f~_ir,ther ar_knawledges
ft_~11 and complete resporisibiiity of it=_> own acts and deeds and
far Chase o•F its agents ar~ emfalayees dt.~ring the performance of
tt-ie work a~_~thar-•i~ed in this contract.
Article 6. Maintenance
After-• the pr-•c;.ject h7as been completed, the L_ac•al Government
shall accep~l: f~_i1I ownership and operate and maintain the
facility ca~_it:hiarize-.d try the agr-~eement c; r•• the benefit of and at
no c_harga to the p~_iblic. This (_ovF?Want shall s~..rr-•vive tt;a
c~ampletian of caristr~_tcti.an and tE:r-•mination of this agreemer+t.
Article 9. Sole Agreement
1-his agreement constit~..~tes ttie sale agreement between the
~~tate and the L_acal Gover-•nment concerning this pra_ject. Arty
prim agr-•eement, either written ar ar~a1, respecting this
f~_~ra.j ect i s
Page 4 of E~ L>es•ign I~ivi.sion
~'~,ct ._- 9 ~
hereby superseded.
Article 10. Ter~ination
This agreement may be terminated before the project is
completed by m~_~tual written consent of both parties with
financial responsibilities carried out as assigned in Article
4, G'ro.ject Funding.
Article 11. Notices
All notices to either party under this agreement shall be
delivered personally one to the other or sent by mail or
courier, postage pre-paid, to the addresses shown on the
signature page of this agreement.
Article 12. Ownership of Docueents
Upon completion of the project, all documents prepared
by the State shall remain in the State's property. The Local
Government shall have unlimited and unrestricted use of the
documents.
Article 13. Successors and Assigns
The State and the Local Government each binds itself, its
successors, exec~_~tor^s, assigns and administr^ator^s to the other
party to this agr^eement and to the successors, executors,
assigns and administrators of such other' party in respect to
all covenants of this agreement.
Article 14. Legal Construction
In the event that one or^ more of the provisions of this
agreement shall for' any reason be held invalid, illegal or
unenforceable, s~_~ch invalidity, illegality or ~_~nenforceability
shall not affect any other provision herein, and this
agr^eement shall be constr^~_~ed as if s~_~ch invalid, illegal or
unenforceable pr^ovision had never been contained herein.
Article 15. Signatory Warranty
The signator^i es to this agreement warrant that each has the
authority to enter into this agreement on behalf of the
organisation they r^e present.
F'age 5 of b Design Division
~4-9~
IN WITNESS WHEREOF, THE PARTIES HERETO have executed
duplicate co~.xnterparts to effectuate these agreements.
THE LOCAL GOVERNMENT Kerr Co!mty
(Name)
PY /s/Robert A. Denson DATE 10-49-96
(signature)
Typed Name and Title of Signatory
Under authority of Resol!~tion/Ordinance Number Dated
THE STATE OF TEXAS
Executed for the Executive Director and approved for the
Texas Transportation Commission under authority of Minute
Order 10000: for the p!trpose and effect of activating and/or
carrying out the orders, established policies or work programs
heretofore approved by the Texas Transportation Commission.
Py DATED
Robert L. Wilson, P. E., Director Division
For the p!~rposes of this agreement, notices shall be deemed
delivered when addressed and mailed to the following:
The Local Government: Texas Department of
Transpor-tation District
Kerr County Office:
Kerr County Col~rthouse F'. O. Pox ~99~8
700 Main San Antonio, Texas 7884-3061
Kerrville, Texas 780`8
Page 6 of 6 Design Division
04-96
County : Y.err
CSJ 091J-15-O1J
F'ro.ject PR96 (33°.,)OX
Road/Street Riverside Drive
NPI Structure No. 133-AA0188-001
Local Designation No.
Date of Agreement Execution by Local
Government
,, -- - - ~ County -Kerr
~`~ 4- ` .'t r ~' ri '~ CSJ 0915-15-016
~~_ ~.,~.c~r.._ , ...ylr_.- Project _BR 96(336}OX
Road/Street Fall Branch Road
NBI Structure No. _133-AA0110-001_
Local Designation No.
CONSTRUCTION AND MAINTENANCE
AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS AGREEMENT IS MADE by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the STATE, and -Kerr
County ,apolitical subdivision of this state, or a special district that has the
authority to finance a highway improvement project, acting by and through its County
Court ,hereinafter called the LOCAL GOVERNMENT.
VVITNESSETH
WHEREAS, Title 23, United States Code, authorizes federal funds to assist local governmenu
in the replacement or rehabilitation of functionally or structurally deficient bridges located on a
public road or street within its jurisdiction; and,
WHEREAS, the State, acting by and through the Texas Transportation Commission, has
approved a program of work for Off-State-System Federal-Aid Bridge Replacement and
Rehabilitation; and,
WHEREAS, the Local Government owns a bridge located on a public road or street located at
FaII Branch Road ;and,
WHEREAS, said bridge is included in the currently approved program of projects as authorized
by Commission Minute Order Number _106303 dated October 1995 ,and the
State and the Local Government mutually agree to effectuate the project;
Page 1 of 6 Design Division
04-96
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements contained herein, the State and the Local Government do agree as follows.
Article 1. Contract Period
This agreement becomes effective upon the date of execution by the party whose signing
constitutes final and full execution and shall terminate when the work has been completed or as
provided in Article 10. "Termination".
Article 2. Right of Entry
The Local Government hereby authorizes the State, its consultant, contractor, or other designated
representative to enter the site of said bridge and adjacent right of way or relocation right of way
to perform surveys, inspections, construction and other activities necessary to replace or
rehabilitate said bridge and approaches.
Article 3. Utility Adjustments and Right of Way
The Local Government shall provide, at no cost to the State or Federal government, the necessary
adjustment of any and all utilities and services, whether publicly or privately held, as may be
necessary to permit the work authorized herein. Activities associated with relocation and
installation of existing utilities shall be coordinated with and carried out in a manner that does not
conflict with the requirements of the State.
The Local Government further agrees to acquire, at no cost to the State or Federal Government,
any additional right of way, if required.
Article 4. Project Funding
Subject to Article 3. and other provisions as follows, the general funding formula for these
projects involves funding by the Federal Government (80°10 of the cost), the State (10 °rb ), and the
Local Government (10%). The State assumes no liability for any costs except as authorized
herein.
The Local Government agrees to pay the State (1) 10% of preliminary engineering costs incurred
by the State, (2) 10% of the actual cost of construction, construction engineering and contingency,
(3) 100% of any project cost item or portion of a cost item that is not eligible for the federal
participation, and (4} the State's indirect costs based on the Local Government's entire
participation in the project.
Page 2 of 6 Design Division
04-96
A. Indirect Costs -Texas Government Code,
indirect costs associated with this agreement.
on prevailing rates as determined through
Indirect Cost Recovery Program.
Chapter 2106, requires the State to recover
The indirect costs shall be calculated~based
the Texas Department of Transportation's
B. Preliminarv~ngin ring oc c - The State will document its costs incurred for
preliminary engineering and shall notify the Local Government of these costs when
submitting notice pursuant to Article 4(D) and/or 4(E) below.
C. Construction Costs -The actual construction cost consists of the amount of the contract
awarded to a contractor based upon the low bid, any supplements made thereto during
the duration of the project, and construction engineering and contingencies.
D. Pa ents -Thirty days after signing this agreement and thirty days before beginning
the preliminary engineering work, the State shall notify the Local Government of
payment due in an amount equal to IO% of the estimated cost of project preliminary
engineering and the State's indirect cost on this amount. Forty-five days prior to the
State's scheduled date for the contract letting, the Local Government agrees to pay to the
State an amount equal to the remainder of the Local Government's agreed upon
participation in the project including indirect costs on that remaining participation.
Subject to Texas law, the Local Government shall promptly and faithfully provide
payment of the required funds. The department will not pay interest on the funds
provided by the Local Government. Funds provided by the Local government will be
deposited into, and retained in, the state treasure.
E. Interim and Final Accounting - If during the course, at termination or at the
completion of the project it is found that the amount received is insufficient to pay the
Local Government's agreed upon participation, the State shall immediately notify the
Local Government who shall promptly, to the extent permitted by Texas law, transmit
the required amount to the State.
At the completion of the project, the State shall use generally accepted accounting
procedures to determine the actual cost of the project. Excess funds paid by the Local
Government will be returned. Accounting records will be available at reasonable times
at the office of the State for inspection by the Local Government. The State will provide
not more than four copies of the records when requested by the Local Government.
F. Costs at Termination - If after full execution of this agreement the project is
terminated at the request of the Local Government, the Local Government shall be
responsible for all (100%) expenses incurred for the project, including indirect costs.
G. Estimate of Project Cost - An estimate of the cost of the project that may be very
tentative and made prior to the usual preliminary engineering phase of a project is
Page 3 of 6 Design Division
04-96
provided in Exhibit A of this agreement. Neither the estimate provided in Exhibit A or
any other estimate of cost provided by the State, shall limit the Local Government's
obligations set out in provisions of this agreement.
Article 5. Project Administration and Accomplishment of Work
The State shall use its own forces to provide or shall contract for the following:
A. Prepare the construction plans, specifications and estimates (PS&E). At the
beginning of the construction stage, the construction plans shall be attached hereto,
labeled Exhibit B, Project Plans, and made a part hereof.
B. Coordinate with the Local Government during plan preparation and have the Local
Government indicate approval of the project plans by signing the title sheet.
C. Advertise for bids and award the contract.
D. Supervise the work as required by the construction plans and specifications
E. Final inspection and acceptance of the completed project.
Article 6. Review of Plans by the Local Government
The Local Government shall provide prompt review of the construction plans when requested
by the State. No review shall unduly delay the progress of the project.
Article 7. Local Government Acknowledgment
The Local Government acknowledges that it is not an agent, servant, or employee of the State
and further acknowledges full and complete responsibility for its own acts and deeds and for
those of its agents or employees during the performance of the work authorized in this contract.
Article 8. Maintenance
After the project has been completed, the Local Government shall accept full ownership and
operate and maintain the facility authorized by the agreement for the benefit of and at no charge
to the public. This covenant shall survive the completion of construction and termination of this
agreement.
Article 9. Sole Agreement
This agreement constitutes the sole agreement between the State and the Local Government
concerning this project. Any prior agreement, either written or oral, respecting this project is
Page 4 of 6 Design Division
04-96
f,
hereby superseded.
Article 10. Termination
This agreement may be terminated before the project is completed by mutual written consent of
both parties with financial responsibilities carried out as assigned in Article 4, Project Funding.
Article 11. Notices
All notices to either party under this agreement shall be delivered personally one to the other
or sent by mail or courier, postage pre-paid, to the addresses shown on the signature page of this
agreement.
Article 12. Ownership of Documents
Upon completion of the project, all documents prepared by the State shall remain the State's
property. The Local Government shall have unlimited and unrestricted use of the documents.
Article 13. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns and
administrators of such other party in respect to all covenants of this agreement.
Article 14. Legal Construction
In the event that one or more of the provisions of this agreement shall for any reason be held
invalid, illegal or unenforceable, such invalidity, illegality or unenforceabiliry shall not affect
any other provision herein, and this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
Article 15. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the organization they represent.
Page 5 of 6 Design Division
04-96
IN WITNESS WHEREOF, THE PARTIES HERETO have executed duplicate counterparts to
effectuate these agreements.
THE LOCAL GOVERNMENT Kerr County
(Name)
BY
(Si a re)
DATE !©~ aaI ' q~
Typed Name and Title of Signa[ory
Under authority of Resolution/Ordinance Number.
Dated
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying
out the orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
By DATE
Robert L. Wilson, P.E., Director, Design Division
For the purposes of this agreement, notices shall be deemed delivered when addressed and mailed
to the following:
The Local Government: Texas Department of Transportation District Office:
Kerr County P. O. Box 29928
Kerr CourtyCourthouse San Antonio, Texas 78284-3061
700 Main
Kemille, Texas 78028
Page 6 of 6 Design Division
04-96
County:	KERR
CSJ	0915-15-016
Project	BR 96(336)OX
Road/Street	Fall Branch Road
NBI Structure No.	133-AA0110-001
Local Designation No.	
Date of Agreement Execution by Local
Government	
EXHIBIT A TO
CONSTRUCTION AND MAINTENANCE
AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM -TENTATIVE ESTIMATE OF COSTS
Estimated Local Government
Costs Partcpaton
Preliminary Engineering (PE) $47,556
Indirect Costs on Preliminary Engineering (8.52%) $4,052
Preliminary Engineering plus Indirect Costs $51,608
Ten (10) percent Local government Participation in the
Sum of Preliminary Engineering Plus Indirect Costs on
Preliminary Engineering.(First Payment) $5,161
Construction Costs $264,200
Engineering and Contingency (E8~C) $39,630
Construction Plus Engineering 8 Contingency $303,830
Indirect Costs on the Sum of Construction + E&C $25,886
The sum of Construction, E8~C, and attendant Indirect $329,716
Costs.
Ten (10) percent Local Government Participation in the
Sum of Construction, E8~C,and attendant Indirect Costs
{Second Payment) $32,972
Total Local Government Participation 538,132
Total Project Costs ~ 5381,324
9!24/96.
County Kerr
CSJ 0915-15-015
Project BR 96(335)OX
Road/Street_Riverside Dr.
NBI Structure No. _133-AA0188-001_
Local Designation No.
CONSTRUCTION AND MAINTENANCE
AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS AGREEMENT IS MADE by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the STATE, and Kerr
County ,apolitical subdivision of this state, or a special district that has the
authority to finance a highway improvement project, acting by and through its County
Court ,hereinafter called the LOCAL GOVERNMENT.
WITNESSETH
WHEREAS, Title 23, United States Code, authorizes federal funds to assist local governments
in the replacement or rehabilitation of functionally or structurally deficient bridges located on a
public road or street within its jurisdiction; and,
WHEREAS, the State, acting by and through the Texas Transportation Commission, has
approved a program of work for Off-State-System Federal-Aid Bridge Replacement and
Rehabilitation; and,
WHEREAS, the Local Government owns a bridge located on a public road or street located at
Riverside Drive ;and,
VVIiEREAS, said bridge is included in the currently approved program of projects as authorized
by Commission Minute Order Number _106303 dated _October 1995 ,and the
State and the Local Government mutually agree to effectuate the project;
Page 1 of 6 Design Division
04-96
AGREEMENT
NOW, TH~RFFORE, in consideration of the premises and of the mutual covenants and
agreements contained herein, the State and the Local Government do agree as follows.
Article 1. Contract Period
This agreement becomes effective upon the, date of execution by the party whose signing
constitutes final and full execution and shall terminate when the work has been completed or as
provided in Article 10. "Termination".
Article 2. Right of Entry
The Local Government hereby authorizes the State, its consultant, contractor, or other designated
representative to enter the site of said bridge and adjacent right of way or relocation right of way
to perform surveys, inspections, construction and other activities necessary to replace or
rehabilitate said bridge and approaches.
Article 3. Utility Adjustments and Right of Way
The Local Government shall provide, at no cost to the State or Federal government, the necessary
adjustment of any and all utilities and services, whether publicly or privately held, as may be
necessary to permit the work authorized herein. Activities associated with relocation and
installation of existing utilities shall be coordinated with and carried out in a manner that does not
conflict with the requirements of the State.
The Local Government further agrees to acquire, at no cost to the State or Federal Government,
any additional right of way, if required.
Article 4. Project Funding
Subject to Article 3. and other provisions as follows, the general funding formula for these
projects involves funding by the Federal Government (80% of the cost), the State (1096), and the
Local Government (10%). The State assumes no liability for any costs except as authorized
herein.
The Local Govemment agrees to pay the State (1) 10% of preliminary engineering costs incurred
by the State, (2) 10% of the actual cost of construction, construction engineering and contingency,
(3) 100% of any project cost item or portion of a cost item that is not eligible for the federal
participation, and (4) the State's indirect costs based on the Local Government's entire
participation in the project.
Page 2 of 6 Design Division
04-96
A. Indirect Costs -Texas Government Code,
indirect costs associated with this agreement.
on prevailing rates as determined through
Indirect Cost Recovery Program.
Chapter 2106, requires the State to recover
The indirect costs shall be calculated based
the Texas Department of Transportation's
B. Preliminary Engjneeri Costs - The State will document its costs incurred for
preliminary engineering and shall notify the Local Government of these costs when
submitting notice pursuant to Article 4(D) and/or 4(E) below.
C. S'onstruction Costs -The actual construction cost consists of the amount of the contract
awarded to a contractor based upon the low bid, any supplements made thereto during
the duration of the project, and construction engineering and contingencies.
D. ~}+ments -Thirty days after signing this agreement and thirty days before beginning
the preliminary engineering work, the State shall notify the Local Government of
payment due in an amount equal to 1096 of the estimated cost of project preliminary
engineering and the State's indirect cost on this amount. Forty-five days prior to the
State's scheduled date for the contract letting, the Local Government agrees to pay to the
State an amount equal to the remainder of the Local Government's agreed upon
participation in the project including indirect costs on that remaining participation.
Subject to Texas law, the Local Government shall promptly and faithfully provide
payment of the required funds. The department will not pay interest on the funds
provided by the Local Government. Funds provided by the Local government will be
deposited into, and retained in, the state treasure.
E. Interim and Final Accounting - If during the course, at termination or at the
completion of the project it is found that the amount received is insufficient to pay the
Local Government's agreed upon participation, the State shall immediately notify the
Local Government who shall promptly, to the extent permitted by Texas law, transmit
the required amount to the State.
At the completion of the project, the State shall use generally accepted accounting
procedures to determine the actual cost of the project. Excess funds paid by the Local
Government will be returned. Accounting records will be available at reasonable times
at the office of the State for inspection by the Local Govemment. The State will provide
not more than four copies of the records when requested by the Local Government.
F. Costs at Termination - If after full execution of this agreement the project is
terminated at the request of the Local Government, the Local Government shall be
responsible for all (100%) expenses incurred for the project, including indirect costs.
G. Estimate of Project Cost - An estimate of the cost of the project that may be very
tentative and mad@ prior to the usual preliminary engineering phase of a project is
Page 3 of 6 Design Division
04-96
provided in Exhibit A of this agreement. Neither the estimate provided in Exhibit A or
any other estimate of cost provided by the State, shall limit the Local Government's
obligations set out in provisions of this agreement.
Article 5. Project Administration and Accomplishment of Work
The State shall use its own forces to provide or shall contract for the following:
A. Prepaze the construction plans, specifications and estimates (PS&E~. At the
beginning of the construction stage, the construction plans shall be attached hereto,
labeled Exhibit B, Project Plans, and made a part hereof.
B. Coordinate with the Local Government during plan preparation and have the Local
Government indicate approval of the project plans by signing the title sheet.
C. Advertise for bids and award the contract.
D. Supervise the work as required by the construction plans and specifications
E. Final inspection and acceptance of the completed project.
Article 5. Review of Plans by the Local Government
The Local Government shall provide prompt review of the construction plans when requested
by the State. No review shall unduly delay the progress of the project.
Article 7. Local Government Acknowledgment
The Local Government acknowledges that it is not an agent, servant, or employee of the State
and further acknowledges full and complete responsibility for its own acts and deeds and for
those of its agents or employees during the performance of the work authorized in this contract.
Article 8. Maintenance
After the project has been completed, the Local Government shall accept full ownership and
operate and maintain the facility authorized by the agreement for the benefit of and at no charge
to the public. 'T'his covenant shall survive the completion of construction and termination of this
agreement.
Article 9. Sole Agreement
This agreement constitutes the sole agreement between the State and the Local Government
concerning this project. Any prior agreement, either written or oral, respecting this project is
Page 4 of 6 Design Division
04-96
f.
hereby superseded.
Article 10. Termination
This agreement may be terminated before the project is completed by mutual written consent of
both parties with financial responsibilities carried out as assigned in Article 4, Project Funding.
Article 11. Notices
All notices to either party under this agreement shall be delivered personally one to the other
or sent by mail or courier, postage pre-paid, to the addresses shown on the signature page of this
agreement.
Article 12. Ownership of Documents
Upon completion of the project, all documents prepared by the State shall remain the State's
property. The Local Government shall have unlimited and unrestricted use of the documents.
Article 13. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns and
administrators of such other party in respect to all covenants of this agreement.
Article 14. Legal Construction
In the event that one or more of the provisions of this agreement shall for any reason be held
invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect
any other provision herein, and this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
Article 15. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the organization they represent.
Page 5 of 6 Design Division
04-96
IN WTINESS WHEREOF, THE PARTIES HERETO have executed duplicate counterparts to
effectuate these agreements.
THE LOCAL GOVERNMENT
Kerr County
(Name)
BY DATE ~~' a~ -
(Si )
Typed Name and Title of Signatory
Under authority of Resolution/Ordinance Number,
THE STATE OF TEXAS
Dated
Executed for the Executive Director and approved for the Texas Transportation Commission
under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying
out the orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
By
Robert L. Wilson, P.E., Director, Design Division
DATE
For the purposes of this agreement, notices shall be deemed delivered when addressed and mailed
to the following:
The Local Government: Texas Department of Transportation District Office:
Kerr County P. O. Box 29928
Kerr County Courthouse San Antonio, Texas 782843061
700 Main
Kerrville, Texas 78028
Page 6 of 6 Design Division
04-96
County:	KERR
CSJ	0915-15-015
Project	BR 98(335)OX
Road/Street	Riverside Drive
NBI Structure No.	133-AA0188-001
Local Designation No.	
Date of Agreement Execution by Local
Govemment	
	
EXHIBIT A TO
CONSTRUCTION AND MAINTENANCE
AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM -TENTATIVE ESTIMATE OF COSTS
Estimated Local Govemment
Costs Participation
Preliminary Engineering (PE) $17,100
Indirect Costs on Preliminary Engineering (8.52%) $1,457
Preliminary Engineering plus Indirect Costs $18,557
Ten (10) percent Local government Participation in the
Sum of Preliminary Engineering Plus Indirect Costs on
'reliminary Engineering.(First Payment) $1,856
Constructioq Costs $95,000
Engineering and Contingency (E8C) $14,250
Construction Pfus Engineering & Contingency $109,250
Indirect Costs on the Sum of Construction +E8C $9,308
The sum of Construction, E8C, and attendant Indirect $118,558
Costs.
Ten (10) percent Local Govemment Participation in the
Sum of Construction, EBC,and attendant Indirect Costs
(Second Payment) $11,856
Tatal Local Govemment Participation 513,712
Total Project Costs ~ 5137,115
9/24/96.
.. -'_
_ ,Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78284-3601 • (210) 615-1110
Kerrville Area Office
P.O. Box 951
Kerrville, TX 78029-0951
September 25, 1996
Honorable Robert Denson
Kerr County Judge
700 Main
Kerrville, TX 78028
Project: BR 96(335)OX
Control: 0915-15-015
Highway: Riverside Drive
County: Kerr
Dear Judge Denson,
Attached for your action is an agreement for the replacement of the existing bridge on Riverside
Drive. Included in this packet are two copies of the current agreement that Texas Department of
Transportation utilizes for this type of work with a local governmental agency. We are requesting
that you sign and return both copies of the agreement. We will forward these agreements for
execution to Austin. One of the original agreements will be returned to you after it has been
executed by TxDOT. Included in this agreement is Exhibit A, which provides a break down of the
anticipated preliminary engineering and construction costs.
As we have discussed previously, the funding for this type of project is financed by the Federal
Highway Administration (80%), The Texas Department of Transportation (10%), and the local
governmental body, i.e. Kerr County (10%). This division of funding applies to the preliminary
engineering, the construction costs and the construction engineering and contingency costs. On
this type of project we estimate the preliminary engineering to be 18% of the construction costs.
In addition to these project costs, Kerr County would be liable for funding all Right of Way
acquisition and utility relocation.
Included in the construction costs are the removal of the existing bridge class structure, the
construction of a new bridge, and construction of the new wider approach roads. The new bridge
would be built in the same location as the existing bridge. This would require the closing of this
county road during construction. We are aware that the county is in the process of creating a park
in this area and would like to discuss with you the impact this park will have on the replacement of
this bridge class structure.
In order to begin the preliminary engineering phase of this project, we require an executed
agreement and the first payment of the county's participation. As shown on Exhibit A of the
agreement, the county's participation of the preliminary engineering for this project is calculated
at $1,856. This payment is due within thirty days of the signing of this agreement. After this
An Equal OppoKunity Employer
payment has been deposited we will be authorized to begin the surveying and design work of the
new structure.
The project is tentatively scheduled for a January 1999 letting. In order to meet this letting
schedule the plans must be completed and into Austin for processing by the end of September
1998. If you have any questions concerning this matter contact David Hanson P.E. at (210)
257-8444.
Sincerely,
",
Bill M. Tucker, P.E.
Area Engineer
DGH/dh
Attachments
-__-=
Texas
Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78284-3601 • (210) 615-1110
Kerrville Area Office
P.O. Box 951
Kerrville, TX 78029-0951
September 25, 1996
Honorable Robert Denson
Kerr County Judge
700 Main
Kerrville, TX 78028
Project: BR 96(336)OX
Control: 0915-15-016
Highway: Fall Branch Road
County: Kerr
Dear Judge Denson,
i
' `~
/~ ~~i ~
~I2~%
Attached for your action is an agreement for the replacement of the existing bridge on Riverside
Drive. Included in this packet are two copies of the current agreement that Texas Department of
Transportation utilizes for this type of work with a local governmental agency. We are requesting
that you sign and return both copies of the agreement. We will forward these agreements for
execution to Austin. One of the original agreements will be returned to you after it has been
executed by TxDOT. Included in this agreement is Exhibit A, which provides a break down of the
anticipated preliminary engineering and construction costs.
As we have discussed previously, the funding for this type of project is financed by the Federal
Highway Administration (80%), The Texas Department of Transportation (10%}, and the local
governmental body, i.e. Kerr County (10%). This division of funding applies to the preliminary
engineering, the construction costs and the construction engineering and contingency costs. On
this type of project we estimate the preliminary engineering to be 18% of the construction costs.
In addition to these project costs, Kerr County would be liable for funding all Right of Way
acquisition and utility relocation.
Included in the construction costs are the removal of the existing bridge class structure, the
construction of a new bridge, and construction of the new wider approach roads. The new bridge
would be built in the same location as the existing bridge. This would require the closing of this
county road during construction. During a site visit with Leonard Odom, the need for some
roadwork on the section of Fall Branch Road between the west end of the bridge and SH 27 was
discussed. Currently this section of the road is not surfaced. In order to provide access during the
bridge construction we would recommend that this road be repaired. This work would not be a
part of the bridge replacement contract and is not eligible for Federal funds.
In order to begin the preliminary engineering phase of this project, we require an executed
agreement and the first payment of the county's participation. As shown on Exhibit A of the
An Equal Opportunity Employer
s.
agreement, the county's participation of the preliminary engineering for this project is calculated
-° at $5,161. This payment is due within thirty days of the signing of this agreement. After this
payment has been deposited we will be authorized to begin the surveying and design work of the
new structure.
The project is tentatively scheduled for a January 1999 letting. In order to meet this letting
schedule the plans must be completed and into Austin for processing by the end of September
1998. If you have any questions concerning this matter contact David Hanson P.E. at (210)
257-8444.
Sincerely,
~Y~,'_ Bill M. Tucker, P.E.
Area Engineer
DGH/dh
Attachments
.. COMMISSIOfvtRS' COURT AGENDA F~EQUEST
-- *_PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnston, P.E.
OFFICE: Road 8~ Bridge Department
MEETING DATE: October 28, 1996 TIME PREFERRED:
SUBJECT:(PLEASE BE SPECIFIC): Consider approval of "Construction and Maintenance
Agreement for Bridge Replacement or Rehabilitation" for off-site bridges on Fall Branch
Road and Riverside Drive with the Texas Department of Transportation and allow Judge to
si n same.
EXECUTIVE SESSION REQUESTED: YES
NO XX
PLEASE STATE REASON: Approval and signing of Off Site Bridge Agreement with TXDOT
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E.
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 8.
552 of the Government Code is as follows.
Meetings held on first Monday: 5:00 P.M. previous Tuesday
Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED 8Y:
THIS REQUEST RECEIVED ON: @
Agenda Requests will be screened by the County Judges Office to determine 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. See Agenda Request
23F6"~
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