ORDER N0. 27089 APPROVAL OF TEXAS COMMUNITY DEVELOPMENT PROGRAM NO. 721075 On this the 25th day of June 2001 upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the Court unanimously approved by a vote 4-0-0 of the Texas Community Development Program No 721075 between Kerr County and Texas Department of Housing and Community Affairs and authorize the County Judge to sign same subject to discuss with Texas Department of Housing and Community Affairs. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fr-ed He~ MEETING DATE: Julie 25.2001 SUBJECT: (PLEASE BE SPECIFIC) TIME PREFERRED: Consider and discuss approval of TCDP Contract No. 721075 and authorize County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: OFFICE: County Judge 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. -~ ~~ AIRS TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFF BOARD MEMBERS Rick Peat Michael E. Jones, Chair GOVERNO0. James A. Dazosq Vin Charr Shadri . r ~ R ~n. t , s ~ ::,: u~ .~ r .,Z`'b. ATTACHMENT 3-E INSTRUCTIONS FOR COMPLETION OF REQUEST FOR PAYMENT FORM The following information needs to be complete. Xerox conies of this form will not be honored. This form replaces BOTH of the following forms. ~ Request Summary Form (TCDP10884, 2 pages) ~ Request for Advance or Reimbursement (TCDP Form 270. ) PLEASE COMPLETE ALL THE FOLLOWING SECTIONS! FAILURE TO COMPLETE ALL SECTIONS WILL RESULT IN A DELAY IN PAYMENT. Name of Contractor. Type the name of the locality requesting payment. This should be the same as Line 1, Section 14; and d, Section 20 of the State of Texas Purchase Voucher. Request #: This should be next in numerical order after the last request Contract Number: This should he the six digit number assigned to the locality's contract. This should be the same as e, Section 20 of the State of Texas Purchase Voucher. Contract Period: Tfiis is the total contract period assigned to the contract including any approved contract extensions. Period Covered by This Report: List the beginning and ending date for the period of time in which the costs were incurred. This period of time does not necessarily have to start up after the period of time in your last request. These periods may overlap or leave gaps from previous payment requests. This period should fall within the contract period except for any audit costs that were reserved on the Certificate of Completion. This period should coincide with the service delivery dates in Section 19 of the State of Texas Purchase Voucher. The next section should be completed using the shaded listing in the middle of the form. This section replaces the two page request summary form. List each TCDP line item number and name in Column A regardless if there is any activity on this request. Column B should reflect the current TCDP budget including any amendments and budget modifications. The total of Column 8 should always equal the total TCDP butlget of the contract. Column C should reflect this requests activity by line item. If there is not any activity leave the space blank. The total of Column C should equal Box B located below the listing of line items on the Request for Payment form and Section 13 and Section 23 of the State of Texas Purchase Voucher. Column D should reflect the total of all prior requests by line item. The total of Column D should equal Box A located below the listing of line items. Column E should equal Column B less Column C less Column D for all line items including the totals. The total of column E should also equal the TCDP balance of all line items added together. 3-26 Box A should equal the total of Column D. Box B should equal the total of Column C. Box C should equal Box A plus Box B. Local Match Amount Spent to date should equal any local funds expended to date for this contract Certification: Enter the name and the title of the individual previously authorized to sign the Request for Advance or Reimbursement -Form 270. It must contain an original authorized signature which is different from the original authorized signature used on the State of Texas Purchase Voucher. Please include the date signed and a telephone number, where this individual can be reached. You may note anything you wish to in the Remarks section. Please DO NOT sign in the last section for the TDHCA Accounting Department Approval. 3-27 Contract Number TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOUSING DEMONSTRATION AND HOUSING INFRASTRUCTURE FUND Contract Period: REQUEST FOR PAYMENT From TO Name of Contractor Period Covered by this Report: Request # From TO Column A Column B Column C Column D Column E .'NUMBER AND NAME YUDGLTC9 LINE. M NI TOTAL 2RlD HAM - SEfi15T BELO ~ ....~ .RUDDET.. RE EST.. RE VESTS '&GO. TOTALS Using the5ervice HQ$::5treet Fmpravemertts.. H22 General Admtni4tra#fon TOTAL PRIOR REQUESTS Box A Note: Boa A should a ual total of Column D above AMOUNT NOW REQUESTED Box B Note: Boa B should a ual total of Column C above TOTAL Box C Note: Box C shoultl equal Boa Aa Bax B LOCAL MATCH AMOUNT SPENT TO DATE: CERTIFICATION: I canlly that to the Mst o/ my knowledge and ballet lha data above era eom~wPa A'p1e GPlpo wrs y-pbpMPOs n1laR/ p1Taw 002 Inpp •Y 97 • 7611 7611 MOA 00 600 11 sFx . , 002 • uIa rNDU S~nftnP nnep G,bP TMPptMP Prapp nlnep PIppX PaMP GPIpPp lPpew 1Vww-oos n.PeP n.Ier .o. nN ~ uIPP~ a• .. .. MMpe sFx 003 DO] X FpN Gpp pXlw 1PPIIeIePP pnlOp Plpp GPMPa IYwlew NIPb"PPM mPF S14FtIIP PIWP unpp 19. SERIOEL DATE M. DESCRIPTION OF 00005 OR SERNCES tt. OWNTT' T2. UMT PRICE 71 A6101M gtlvanla~mmDursement of service to assist bwarlcorite antl mlwemte- 07/01 /93 income aroaa wiNin tfro Community Deveatsmerrt Block Grant thru Program mndered in aaontance with an agreement between tha 10/31 /93 Texaa OepaNrant of Housing and Community Atrairs and _Ciry of ABC as landed Nrottgh the Department of Hottsing and Urban Uevebpment (HUD) CDrltraa No. __707341 Is on fib Mlle avallabla for mspxaon. LOLL GERTIFlCA710N 1 apV/ MI M Nww WYPe M1pa IpbpW p eaPM alOMa: N M/ aolnNpW n wwr PalaNn wr AI M CP1bPp Y11ap MINI elPrppa PlaaPea: M M n,p-p M P1tP IlaPna: PIiP PYI M wt M PIMP-a b M awtwMt M eOllpaOY bIM/~anF Mea. Ja1111 DPP. MPYp MMb rTTM p PIPt1 W 31T1 TW OOaiy tiQ NIrM PIIpe IMM atop p1P 1"plpl ntefeD by Jane Smith, City Secretary (123) 456-7890 '26. 1 approve ma voucher for payment. The above golws or servlcea IbrrespOnd in every Damwlar wnh the cotnrod antler which they wero purchasetl. Tha mvolx for the goods or semces n corned. This payment complies with Me General Appropnatlons Ad. sqn raw all.. me. PIW Itumpl f.V1P roolovea Mn . afgn PIYMa1M POaP aIIa IPIaIPp1 DPr ~opleveo hen 3-32 Contract Number TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT Contract Period: REQUEST FOR PAYMENT From TO Name of Contractor Period Covered by this Report: Request N From TO Column A Column B Column C Column D Column E NUMBER AND NAME OF WOGETED UNE ITEMS TXIS TOTAL PRIOR BALANCE ' TOTALS Using the following list enter in Column A the line items that are applicable to the contract budget. Development contracts DO NOT use this form. w,w Fauuu« Sewer iacilHi« solid Wasb Dispoul Fadliti« 01Mr Public Wlitl« 54eH ImprovenleMs Hood and Onln.n iadli8« NelEhhorhood FxIIIDes/Communiry C«bn serdar Centers Center for Ne Nandiupped/SMlhred Workshops hrb, Heysroends and ONa Rweadonal hc11it1« The ProUCaan HdIIU«~and-Eeuipment PRIOR REQUESTS NOW REQUESTED LOCAL MATCH AMOUNT SPENT TO DATE: CERTIFICATION: wrllfy that to iha best of my knowledEe snd belie) the late above era corcxt and that all outlaw were made n accordance with the terms of the contract and that Moment Is due and has rrot b«n previously drawn THE UNNDNM GnAMT AND CONTRACT MANAGEMENT ACT Of Approval of TDNCA-ACCOUntinE Department Box 39. Publle NouslnE Modernizatlon v AHOrdable New XousllrE 20. Cluraxe DanollRan Atliritl« 21. Historic Preservallon 22. qem«al of Archlleclunl Barrlan 23. Code Eniorumml 2s. Acqulsitlon 25. RNOUtIOn Payments and A«IStaxe 30. EnEln«rlnE/ArchltecWral Sarvk« 31. PlannlnE and Urban Environmental D«IEn 32. General Administrstldn Box B Box C Dale of TDHCA Accounlini Approval 11. Parkirq htlliD« 32. Ped«irlan Malls and Walkways 13. Spxially Authorized Assistaxe to Privately limed UOIIti« 10. sp«Ially Authorized Public Fadlilles and Improvements 15. Public Servic« (Umiled to 35X al Rpu«t) 1&. IMerlm Assistaxe 17. ReMblliptlon of Private Propertl« 37a. RMsbIllbNon al Private Properti« (Wabr Service) 17b. ReMbllitatlon of PrlraG Proparti« (sew« Service) 18. Relublllutlon of Public ResiGnual BtNCturya STATE OF TEXAS PURCHASE VOUCHER Pape __ of 1. AmMVe MNenu anUx 2. A9erY-Y 3 Agrcy n.me •. 1 tloamenl nurow 332 TEXAS DEPT. OF HOUSING AND COMMUNITY AFFAIRS s. EtYrlire can e. OnMr eoaenera een T. Due a.r s. on Apwvy 9 Peyee ieen4Rfllian rwn~0er (Must M t1 Ei9in1 t0. PDT 11. PCC 12 ReeuiaAn MlnEer 13. Daaarierv emoure 1A Peyee name/eeele4 15. GSC aeerMminr 1]AGENCYUSE oiae MIn N e MNa AV A Amount spx 001 001 APPN Fune NACUBO Greco 11Ymeer Gruff year/pMU Prapp nUnlbr PrgeU Convect MIIIIMr MulGpurpofe cove SubFurtl PMfe nvau num al Ineea AV A AmdAe R SFX 002 002 APPN Fuq NACUBO GMM nwnDer GnM year/pMSe Plajed num0er PropU Correct MxnEar MulYpulposa coca 9ubFavl Phan orate num anp0an % IMez Y Amount spx 003 003 APPN FuMI NACU90 GMM aanber Gnnl yearlpluse ProjaG numEar PMjxa Canatl numtar Muepurpofe Dace SubFUrk Ptuae orate w amp 19 SEfLDEL DATE 20. DESCRIPTION OF GOODS OR SERVICES 21. DUANTITY 22. UNIT PRICE 23. AMOUNT Advance/reimbursement of service to assist low-income and moderate- income areas within the Communtyy Development Block Grant Program rendered in accordance with an agreement between the Texas Department of Housing and Community Affairs and as funded through the Department of Housing and Urban Development (HUD) Contract No. is on file antl available for inspection. LOCAL CERTIFICATION I artily 9u191e aDOw aarvins wwn nMeM a 9ne{ racwvee: Net OnY canapaae N every PerUaaMwey vMl tM cantratl uMer MiN IheY wen proaxee; tlut tM invo¢e b trw arts urpaM; MW tlm tM tlam was Pnuntae m tln SMn wilts the applrada Ynilaeona pargC Name (TYpe n PMH ene Syn) Tee oca Iry on ct name Pnon. Nna nee w MmIRw) n e 26. I approve this voucher for payment. The above goods or services correspond in every particular with the wntract under which they were purchased. The invoice for the goods or services is correct. This payment complies wRh the General Appropriations Ad. slgn Pow (Ana cone era Ma1dn1 Dar Approved hero sign Phw Nna nee er10 MnWen ow pproved hero ~p~4 ~>L~ )~~y~~ e~~ THE COUNTY COURT OF KERR COUNTY, TEXAS COUNTY IUDGE 700 MAIN KFRRVRLE, TEXAS 78026 CLERK PRfiD HENNEKE 7¢:(830)992-2211 JANNETT PIEPER FAx: f630) 792-2218 COMMISSIONERS COURT COURT COORDWATOR H. A. "BUSTER` BALDWQJ, PCr. 1 E-MAIL: kemcaccle amniR~i~bal.rel 77~A $OVR. WR.LIAM "BILL" WILLIAMS, PCT. Z JONATHAN LETZ, PCT. J LARRY GRH~FIN, Pcr. Q September 5, 2001 Ms. Sandy Mauro, Director Texas Community Development Program Texas Department of Housing and Community Affairs P.O. Box 13941 Austin, Texas 78711-3941 Re: Kerr County TCDP Contract No. 721075 Deaz Ms. Mauro: This letter is to advise the Texas Department of Housing and Community Affairs that Kerr County has completed an Environmental Assessment of its Community Development Program Project. It has determined that the release of funds for the proposed activities is not an action that would significantly affect the quality of the environment and no Environmental Impact Statement is required. The conclusion is the result of observations by the project engineers, the grant consultant, Texas Natural Resource CorJServation Commission, Texas Historical Commission, Texas Department of Health, the EPA and the staff of Kerr County. The consensus opinion is that implementation of this Sewer System Improvements project will correct health and safety problems that have long existed in the local community. This project will not negatively affect existing land use or other environmental concerns. Kerr County's Request for Release of Funds and Certification Form, the published newspaper page containing the Combined Notice of the Finding of No Significant Impact and the Request for Release of Funds, and a Publisher's Affidavit certifying the date of publication have also been enclosed. In addition, Kerr County has complied with the regulations concerning the coordination and compliance with this project with all other Federal and State laws and authorities as specified by 24 CFR 58.75 and has documented this compliance in its Enviromnental Review File. Sincerely, Fred Henneke, County Judge Attachments cc: GrantWorks, Inc. 1705 W. Koenig Lane, Austin, Texas 78757 COMBINED NOTICE BY KERR COUNTY NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS TO' ALL INTERESTED PARTIES, GROUPS AND PERSONS Seventeen (17) days after this publication, Kerr County, Texas, intends to request the Texas Department of Housing and Community Affairs (TDHCA) to release Federal funds under the Title I of the Housing and Community Development act of 1974 (P.L. 93-383) for project no. 721075. Exemot Activities Administration Planning and Engineering Cateoorically Excluded Activities None Environmental Assessment Activities Install a lift station, sewer lines, manholes, wetwells and pumps to the Kerville South area FINDING OF NO SIGNIFICANT IMPACT It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and, accordingly, Kerr County has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (P.L. 91-190). The reason for such decision not to prepare such a Statement is based upon the fact that all environmental concerns could either be minimized or mitigated. An Environmental Assessment respecting the within project has been made by Kerr County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. The Environmental Review Record is on file at the County Judge's office, 700 Main, Kerrville, TX, 78028 and is available for public examination and copying upon request between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. PUBLIC COMMENTS ON FINDING All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by Kerr County to the address as set forth below. Such written comments must be received at the addressed specified within fifteen (15) days after this publication. Such written comments so received must be considered and Kerr County will not request the release of funds or take any administrative action on the project before the date specified in the preceding sentence. Kerr County will undertake the activities described above with Community Development Block Grant Funds under the Title I from its Program Year 2001 under grant numbered 721075 from the Housing and Community Development Act of 1974 Kerr County is certifying to the TDHCA that Fred Henneke in his official capacity as County Judge, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action; and that these responsibilities have been satisfied. The legal effect of the certification is that, upon its approval, Kerr County may use the Block Grant funds and it will have satisfied its responsibilities under the National Environmental Policy Act of 1969. TDHCA will accept an objection to its approval only on one or more of the bases and procedures described in 24 CFR Part 58.75. Objections are to be addressed to the Texas Department of Housing and Community Affairs, P.O. Box 13941, Capitol Station, Austin, Texas 78711. Objections to the release of funds on basis other than those stated above will not be considered by the TDHCA. No objections received later than thirty-five (35) days after this publication will be considered by TDHCA. The Honorable Fred Henneke County Judge, Kerr County 700 Main Street Kerrville, TX 78028 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS COMMUNITY DEVELOPMENT PROGRAM REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION (Pursuant to Section 104{f} of Title I of the Housingand Community Development Act of 1974, as amended) ENVIRONMENTAL REVIEW 1. Name of Contractor Kerr County 2. Contractor's Address 700 Main Kerrville, Texas 78028 3. TCDP Contract No. 721075 4. Date of Request/Certification 9/24/01 5. REQUEST FOR RELEASE OF FUNDS. The recipient of assistance under the program listed above requests the release of funds for the following Project/Program Activity: Sewer System Improvements. 6 CERTIFICATION The recipient has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project named above and it is hereby certified: (Check One) A) that the Contractor has determined that the above project is categorically excluded from environmental review requirements and that the contractor has at least seven (7) days prior to submitting this Request for Release of Funds and Certification published in a newspaper of general circulation in the community affected, a Notice to the public (a copy of which is attached hereto in accordance with 24 CFR 58.45 & 58.70. X B) that the Contractor has done an Environmental Assessment of the above project and that the Contractor has at least fifteen (15) days prior to submitting this Request for Release of Funds and Certification published in a newspaper of general circulation in the community affected, a Combined Notice to the public (a copy of which is attached hereto) in accordance with 24 CFR 58.43, 58.44, and 58.45 c . That the level of environmental clearance carried out by the Contractor in connection with said project DID NOT require the preparation and dissemination of an Environmental Impact Statement; that the dates upon which all statutory and regulatory time periods for review, comment, or other response or action in regard to this clearance commenced and expired as indicated below; that all such dates which are applicable to this aforesaid clearance are indicated below; and that with the expiration of each of the time periods indicated below, Contractor is in compliance with the requirements of 24 CFR 58: Item Commence Expire Notice of Finding No Significant Impact Publication Date Comment Period n/a xxxxxxxxx Combined Notice: FONSI and Intent to Request Release of Funds Publication Date Comment Period 9/7/01 9/8/01 9/24/01 Notice of Intent to Request Release of Funds Publication Date Comment Period n/a xxxxxxxxx Other (specify) Request for Release of Funds -Estimate by Recipient State Decision Period 9/26/01 10/13/01 Request for Release of Funds -Actual by State State Decision Period TCDP Contract No. 721075 Request for Release of Funds & Certification Page 2 of 2 That the undersigned officer of the Contractor is authorized to, and does, consent to assume the status of responsible Federal Officer under the National Environmental Policy Act of 1969 and 24 CFR 58, insofar as the provisions of said Act regulations apply to the Texas Department of Housing and Community Affairs' responsibilities for environmental review, decision-making, and action assumed and carried out by the Contractor; that by so consenting, the undersigned officer of Contractor assumes the responsibilities, where applicable, for the conduct of environmental review, decision-making, and action as to environmental issues, preparation and circulation of draft, final, and supplemental environmental impact statements, and assumption of lead agency responsibilities for preparation of such statements on behalf of Federal agencies other than TDHCA when such agencies consent to such assumption; That the undersigned officer of the Contractor is authorized to consent to, and on behalf of the Contractor, accepts the jurisdiction of the Federal courts for the enforcement of all these aforesaid responsibilities; and that the undersigned does so consent, on behalf of the Contractor in the official capacity of Certifying Environmental Officer of the Contractor. ~%'~~~ \ ~ ( ignature of Certifying Officer) Fred Henneke, County Judge (Title) 700 Main (Address) Kerrville, TX 78028 (City/State/Zip Code) 9/24/01 (Date) Warning -Section 1001 of Title 18 of the United States Code and Criminal Procedure shall apply to the foregoing certification. Title 18 provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years or both. COMBINED NOTICE BY KERR COUNTY NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS TO' ALL INTERESTED PARTIES, GROUPS AND PERSONS Seventeen (17) days after this publication, Kerr County, Texas, intends to request the Texas Department of Housing and Community Affairs (TDHCA) to release Federal funds under the Title I of the Housing and Community Development act of 1974 (P.L. 93-383) for project no. 721075. Exempt Activities Administration Planning and Engineering Categorically Excluded Activities None Environmental Assessment Activities Install a lift station, sewer lines, manholes, wetwells and pumps to the Kerville South area FINDING OF NO SIGNIFICANT IMPACT It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and, accordingly, Kerr County has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (P. L. 91-190). The reason for such decision not to prepare such a Statement is based upon the fact that all environmental concerns could either be minimized or mitigated. An Environmental Assessment respecting the within project has been made by Kerr County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. The Environmental Review Record is on file at the County Judge's office, 700 Main, Kerrville, TX, 78028 and is available for public examination and copying upon request between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. PUBLIC COMMENTS ON FINDING All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by Kerr County to the address as set forth below. Such written comments must be received at the addressed specified within fifteen (15) days after this publication. Such written comments so received must be considered and Kerr County will not request the release of funds or take any administrative action on the project before the date specified in the preceding sentence. Kerr County will undertake the activities described above with Community Development Block Grant Funds under the Title 1 from its Program Year 2001 under grant numbered 721075 from the Housing and Community Development Act of 1974. Kerr County is certifying to the TDHCA that Fred Henneke in his official capacity as County Judge, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action; and that these responsibilities have been satisfied. The legal effect of the certification is that, upon its approval, Kerr County may use the Block Grant funds and it will have satisfied its responsibilities under the National Environmental Policy Act of 1969. TDHCA will accept an objection to its approval only on one or more of the bases and procedures described in 24 CFR Part 58.75. Objections are to be addressed to the Texas Department of Housing and Community Affairs, P.O. Box 13941, Capitol Station, Austin, Texas 78711. Objections to the release of funds on basis other than those stated above will not be considered by the TDHCA. No objections received later than thirty-five (35) days after this publication will be considered by TDHCA. The Honorable Fred Henneke County Judge, Kerr County 700 Main Street Kerrville, TX 78028 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS COMMUNITY DEVELOPMENT PROGRAM REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION (Pursuant to Section 104{f} of Title I of the Housingand Community Development Act of 1974, as amended) ENVIRONMENTAL REVIEW 1 Name of Contractor Kerr County 2. Contractor's Address 700 Main Kerrville, Texas 78028 3. TCDP Contract No. 721075 4. Date of Request/Certification 9124/01 5. REQUEST FOR RELEASE OF FUNDS. The recipient of assistance under the program listed above requests the release of funds for the following Project/Program Activity: Sewer System Improvements. 6 CERTIFICATION The recipient has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project named above and it is hereby certified: (Check One) A) that the Contractor has determined that the above project is categorically excluded from environmental review requirements and that the contractor has at least seven (7) days prior to submitting this Request for Release of Funds and Certification published in a newspaper of general circulation in the community affected, a Notice to the public (a copy of which is attached hereto in accordance with 24 CFR 58.45 & 58.70. X B) that the Contractor has done an Environmental Assessment of the above project and that the Contractor has at least fifteen (15) days prior to submitting this Request for Release of Funds and Certification published in a newspaper of general circulation in the community affected, a Combined Notice to the public (a copy of which is attached hereto) in accordance with 24 CFR 58.43, 58.44, and 58.45 c . That the level of environmental clearance carried out by the Contractor in connection with said project DID NOT require the preparation and dissemination of an Environmental Impact Statement; that the dates upon which all statutory and regulatory time periods for review, comment, or other response or action in regard to this clearance commenced and expired as indicated below; that all such dates which are applicable to this aforesaid clearance are indicated below; and that with the expiration of each of the time periods indicated below, Contractor is in compliance with the requirements of 24 CFR 58: Item Commence Expire Notice of Finding No Significant Impact Publication Date Comment Period n/a xxxxxxxxx Combined Notice. FONSI and Intent to Request Release of Funds Publication Date Comment Period 9/7/01 9/8/01 9/24/01 Notice of Intent to Request Release of Funds Publication Date Comment Period n/a xxxxxxxxx Other (specify) Request for Release of Funds -Estimate by Recipient State Decision Period 9/26/01 10/13/01 Request for Release of Funds -Actual by State State Decision Period TCDP Contract No. 721075 Request for Release of Funds & Certification Page 2 of 2 That the undersigned officer of the Contractor is authorized to, and does, consent to assume the status of responsible Federal Officer under the National Environmental Policy Act of 1969 and 24 CFR 58, insofar as the provisions of said Act regulations apply to the Texas Department of Housing and Community Affairs' responsibilities for environmental review, decision-making, and action assumed and carried out by the Contractor; that by so consenting, the undersigned officer of Contractor assumes the responsibilities, where applicable, for the conduct of environmental review, decision-making, and action as to environmental issues, preparation and circulation of draft, final, and supplemental environmental impact statements, and assumption of lead agency responsibilities for preparation of such statements on behalf of Federal agencies other than TDHCA when such agencies consent to such assumption; That the undersigned officer of the Contractor is authorized to consent to, and on behalf of the Contractor, accepts the jurisdiction of the Federal courts for the enforcement of all these aforesaid responsibilities; and that the undersigned does so consent, on behalf of the Contractor in the official capacity of Certifying Environmental Officer of the Contractor. ~ ~, ` // /J ignature of Certifying Officer) Fred Henneke, County Judge (Title) 700 Main (Address) Kerrville, TX 78028 (City/State/Zip Code) 9/24/01 (Date) Warning -Section 1001 of Title 18 of the United States Code and Criminal Procedure shall apply to the foregoing certification. Title 18 provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years or both. i (PLEASE RETYPE EXACTLY ON YOUR LETTERHEAD) 9/24/01 F (PLEASE MAINTAIN THIS DATE WHEN YOU RETYPE) Ms. Sandy Mauro, Director Texas Community Development Program Texas Department of Housing and Community Affairs P. O. Box 13941 Austin, Texas 78711-3941 RE: Kerr County TCDP Contract No. 721075 Dear Ms Mauro: This letter is to advise the Texas Department of Housing and Community Affairs that Kerr County has completed an Environmental Assessment of its Community Development Program Project. It has determined that the release of funds for the proposed activities is not an action that would significantly affect the quality of the environment and no Environmental Impact Statement is required. The conclusion is the result of observations by the project engineers, the grant consultant, Texas Natural Resource Conservation Commission, Texas Historical Commission, Texas Department of Health, the EPA and the staff of Kerr County. The consensus opinion is that implementation of this Sewer System Improvements project will correct health and safety problems that have long existed in the local community. This project will not negatively affect existing land use or other environmental concerns. Kerr County's Request for Release of Funds and Certification Form, the published newspaper page containing the Combined Notice of the Finding of No Significant Impact and the Request for Release of Funds, and a Publisher's Affidavit certifying the date of publication have also been enclosed. In addition, Kerr County has complied with the regulations concerning the coordination and compliance with this project with all other Federal and State laws and authorities as specified by 24 CFR 58.75 and has documented this compliance in its Environmental Review File Sincerely, Fred Henneke, County Judge Attachments Cc: GrantWorks, Inc. 1705 W. Koenig Lane, Austin, TX 78757 1705 West Koenig Lane Office (512) 420-0303 Austin, Texas 78756 Fax (512)420-0302 austinC~grantworks.net Planning, Housing, and Community Development Services for Rural Texas Since 1979 TO: Fred Henneke, County Judge DATE: 8/31/01 Kerr County PROJECT: Sewer System Improvements RE' Environmental Assessment CONTRACT . TCDP 721075 We are sending you the following attached: • Environmental Review for your records • Combined Notice of Intent to Request Release of Funds • Request for Release of Funds (to be signed and returned) • Cover Letter to Sandy Mauro (to be rewritten on your letterhead, signed, and returned) Remarks: The Environmental Review for the City's new TCDP Contract 721075 has been completed. A copy of this Review has been enclosed for your files. The enclosed public notice has already been forwarded to the local newspaper and will published on 9/7!01. A copy of this notice has been provided for your information and files. The cover letter to Sandy Mauro at the Texas Community Development Program must be typed on your locality's letterhead and signed by the County Judge as indicated. The Request for Release of Funds form must also be signed by the County Judge. Once all three forms are signed please return them to this office as soon as possible for processing. "-,}I can be reached at (512) 420-0303 if you have any questions regarding this transmittal. Thank you for your assistance ~ ~ ~ 1,-~~ David Tucker ENVIRONMENTAL ASSESSMENT Kerr County TEXAS COMMUNITY DEVELOPMENT PROGRAM COLONIA CONSTRUCTION FUND TCDP CONTRACT NO. 721075 PROJECT IDENTIFICATION Recipient: Kerr County Date: AUGUST 1, 2001 Chief Elected Official: Fred Henneke, County Judge Contract No: 721075 Project Name: Sewer System Improvements Project Narrative: The Wood Drive area in the community of Kerrville South will be provided with first time sewer service by a TDHCA grant awarded to Kerr County to build a collection system owned and operated on behalf of Kerrville South by the Upper Guadalupe River Authority (UGRA) and connected for treatment purposes to the City of Kerrville's system. Kerrville South is a Colonia just southwest of the city of Kerrville. Presently the area is served by ageing septic tanks that are failing rapidly. The UGRA has tested the streams around the community and found dangerously high levels of chloride, sulfate, nitrate, and phosphorus. Further, fecal coliform and e. coli bacteria have been found in water samples in the surrounding area. Anew sewer collection system may help reduce this threat to human health. Construction shall consist of approximately 720 linear feet of four-inch (4") PVC force main, 4,000 linear feet of six-inch (6") PVS sewer line, sixteen (16) manholes, a new lift station with related wet wells and submersible pumps, 69 four inch (4") yard lines and removal of septic tanks on private property. Construction shall take place at the following locations in Kerrville South: Street From To Green Meadow Ranchero Wood ~~ Sweetwater Ranche Green vyooa Wood SH 16 SH 173 Sewage wilt travel down the smaller streets to Wood Drive then east to State Highway 16 where it will cross under the road to a new lift station. The lift station will transport the wastewater over a small ridge so it can gravity flow eastward to an existing city of Kerrville sewer line on the east side of State Highway 173 (see map). The City of Kerrville's wastewater treatment plant has adequate capacity to treat flows from Kerrville South. Its permitted capacity is 4.5 MGD and its average daily flow is less than 2.0 MGD. The plant uses an anaerobic treatment process to biodegrade the waste products in the sewage. The plant is currently meeting all discharge parameters and has not been cited by the TNRCC for any items which may affect this project. The project will not require any new or amended wastewater discharge permits. Construction is expected to begin in the fall of 2001 and continue four to six months The County's contract with the TDHCA began in May of 2001 and will terminate on May of 2003. Funding for this project is being provided by the Texas Department of Housing and Community Affairs in the amount of $500,000.00 with the UGRA contributing $75,000.00 as matching funds. All necessary public hearings were held during the application process and all notices were provided in the appropriate newspapers. LOCAL DATA Kerrville is the Kerr County seat. Kerr County had a population of 43,238 during the 2000 census and Kerrville had a population of 21,706. Kerr County is a popular area for tourists, hunters, anglers, youth camps, and ranches, and has a state park, a wildlife management area, a Folk Festival, and a Cowboy Artists Museum The unemployment level is 2.6 percent. The city economy reflects the county economy. The soil in the project area is of the Nuvalde-Oakall-Boerne Association which deep, nearly level to gently sloping, with clayey and loamy characteristics, and is typically found on terraces and bottom lands. Soil type and characteristics will be taken into account by the Engineer during the project design. Kerr County has a mild climate. The county ranges in altitude from 1,450 to 2,400 feet. The average annual rainfall is 29.8 inches per year. The January mean minimum temperature is 32 degrees and the July mean maximum temperature is 94 degrees. The growing season is 216 days. The Texas Historical Commission has been contacted for consultation regarding historical impact. The Commission determined "No Effect". The public will be notified of the project through a notice published in a newspaper of local circulation. This notice will allow for a minimum of 15 days for local comments to Kerr County and an additional fifteen days after the Request for Release of Funds has been received by the Texas Department of Housing and Community Affairs. Kerr County is providing access to the proposed improvements for each low income project beneficiary claimed. Kerr County shall not levy any assessments, such as tap fees, capital recovery fees, or access fees against the low income project beneficiaries. This environmental assessment has taken into consideration the proposed target are and an area within one mile of the target area. Total Project Beneficiaries: 158 American! Asian & Alaskan Pacific Male Female White Black Hispanic Native Islander Other 78 80 76 7 71 1 0 3 Comparison with Applicable Plans Project in compliance: Type of Plan Yes No N/A Local Comprehensive Plans, including Land Use and Growth Mana ement elements X Area and Re Tonal Plans X Local Zonin Ordinances X PRELIMINARY ENVIRONMENTAL REVIEW POTENTIAL IMPACT ON PHYSICAL ENVIRONMENT Kerr County, TCDP No. 721075 Major Moderate Minor None Unknown Comments attached 1. Terrestrial 8. Aquatic Life and Habitats X REF A-1 2. Water Quality Quantity and Distribution X REF A-2 3 Geology & Soil Quality, Stability and Moisture X REF A-3 4. Vegetation Cover, Quantity and Quality X REF A-4 5 Aesthetics X REF A-5 6. Air Quality X REF A-6 7 Unique, Endangered, Fragile, or Limited Environmental Resources X REF A-7 8 Demands on Environmental Resources of Land, Water, Air and Ener X REF A-8 9. Historical and Archaeological Sites X REF A-9 10 Farmland X REF A-10 P(1TFNTIAI IMPACT t7N HUMAN ENVIRONMENT Major Moderate Minor None Unknown Comments attached. 1 Social Structures and Mores X REF B-1 2 Cultural Uniqueness and Diversity X REF B-2 3. Agricultural or Industrial Production X REF B-3 4 Human Health X REF B-4 5. Access to and Quality of Recreational and Wilderness Activities X REF B-5 6 Quality and Distribution of Employment X REF B-6 7 Distribution and Density of Housing X REF B-7 8. Demand for Government Services X REF B-8 9. Industrial and Commercial Activity X REF B 9 10. Demands for Energy X REF B-10 11 Locally Adopted Environmental Plans and Goals X REF B-11 12. Transportation Networks and Traffic Flows X REF B-12 Recommendation Concerning Preparation of EIS: It is the conclusion of this environmental review that no significant impact will result from the implementation of the proposed project and therefore an environmental impact statement is not necessary or required. Prepared by GrantWorks, Inc Date: AUGUST 1, 2001 ENVIRONMENTAL ASSESSMENT CHECKLIST Kerr County, Sewer System Improvements TCDP N0.721075 MPACT CATEGORIES o Impact Antici ated otentially Beneficial Potentially Adverse- Requires Documentation onl Potentially Adverse- Requires More Stud eeds Mlti anon Resource Project Modifcation Explanation, References to Documentation, Sources, Notes, Corres ondence NATURAL FEATURES ater Features X REF A-2 Surface Water X REF A-2 atercourses X REF A-2 Unique Natural Features & ricultural Lands X REF B-3 egetation & Wildlife X REF A-4 SOGIO-ECONOMIC Demographic Character Chan es X REF B-7 Displacement X None will occur Employment & Income Patterns X REF B-6 COMMUNITY FACILITIES ND SERVICES Educational Facilities X Not Applicable Commercial Facilities X REF B-9 Health Care X Not Applicable Social Services X Not Applicable Solid Waste X REF B-8 astewater X REF B-8 Storm water X REF A-2 ater Supply X REF A-2 Police X Not Applicable Flre Protection X Not Applicable Emergency/ Medical X Not Applicable Open Space X REF B-5 Recreation X REF B-5 Explanation, Potentially References to Potentially Adverse- Adverse- Resource Documentation, No Impact Potentially Requires Requires Needs Project Sources, Notes, IMPACT CATEGORIES Antics ated Benefcial Documentation onl More Stud Miti anon Modification Corres ondence COMMUNITY FACILITIES ND SERVICES CONT Cultural Facilities X REF B-2 ransportation X REF B-12 LAND DEVELOPMENT Conformance with X onforms to Comprehensive Plans & xisting plans onin Compatibility & Urban X Refer to all Im act Sections Slope Stability X REF A-3 Erosion X REF A3 Soil Sudability X REF A-3 Hazards & Nuisances, X None known includin site safet Energy Consumption X REF B-8 ENVIRONMENTAL DESIGN & HISTORIC ALUES isual Quality- coherence, X REF A-5 diversity, compatible land use and scale Historic, cultural, and X REF A-9 archaeolo scat resources IR QUALITY Effects of ambient air X REF A-6 quality on project and ontribution to community ollution levels ENVIRONMENTAL ASSESSMENT CHECKLIST Summary of Environmental Conditions: Local environmental conditions consist of mixed residential, public, semi-public, industrial, and commercial development. There are no known environmentally sensitive areas, prime agricultural lands, historical properties, or other restrictive conditions known which would be Impacted by the project. Alternatives Considered: There were three types of alternatives considered. First, the "No Activity" alternative is a determination that no action is necessary to satisfy the stated purpose of the proposed project. In the target area, the lack of adequate sewer facilities poses a serious community deficiency. Therefore, the no activity alternative is unsatisfactory since it would allow continuation of an undesirable and unwanted condition that would not satisfy the purpose of the project. Second the "Size Reduction" alternative provides for the reduction of improvements in the project area. The selection of the project activities was based on identified deficiencies of the local public sewer system. Reducing the scope of the proposed activities is not satisfactory since it would not satisfy the needs of the local community Third, the "Revised Location" alternative provides for the location of the project to a different area. The area was selected on the basis that the available sewer facilities are inadequate and also must meet the TCDP beneficiary criteria. Therefore, this alternative is not satisfactory since another location would not satisfy the purpose of the project. Additional Studies Performed: None. Mitigation Measures Needed: Mitigation measures are not required for this project. The negative impacts, stated above, are virtually non-existent while the positive impacts are much more considerable. The short-term problems of construction (e.g., related noise, air pollution, and erosion) will be addressed through proper construction techniques and mitigating measures will be employed if needed. 1. Is project in compliance with applicable laws and regulations? 2. Is an EIS required? Yes or X No X Yes or _ No 3. A Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment X Yes or ! No Basic Reasons Supporting Decision The negative environmental impacts of this project are minimal and of a short-term nature. There will be an increase in local noise, dust, erosion and other minor nuisances during construction but these will cease after construction is completed. The activities will not affect any known historical or archaeological resources of local state, or national significance. There are no known protected or endangered fauna or flora or habitat in the project area. Prepared by GrantWorks Inc. Date: AUGUST 1, 2001 OTHER LAWS AND AUTHORITIES CHECKLIST This Review Form Is Part Of An Environmental Assessment CONTRACTOR: Kerr County CONTRACT NO: 721075 PROJECT: Sewer System Improvements CERTIFYING OFFICER: Fred Henneke, County Judge DATE: AUGUST 1, 2001 ENVIRONMENTAL REA /A Construction Required & Com leted Permit Required & Obtained Project Consistent !applicable plans/ standards Conditions/Safeg uardslMitigalions Re wired II Determinations need xplanation, reference to document source, notes, or corres ondence 1. Historic Preservation X EF A-9 .Flood Hazard Protection X N/A 3 Exec Orde~11988 X NIA NFIP X NfA 5. Wetlands Protection X NJA . Sole Source Aquifers X N!A 7 Endangered Species X NIA 8. Air Quality Protection X REF A-6 9. HUD Environmental Standards a. Noise X Not Applicable b. Landfill Hazard X Not Applicable c. Upset Hazards X Not Applicable 10. Farmlands Protection X REF A-10 11 Lead-based Paint X Not Applicable COMMENTS A. POTENTIAL IMPACT ON PHYSICAL ENVIRONMENT 1. Terrestrial and aquatic life and habitats: The proposed improvements are to be located in areas which do not have any terrestrial and aquatic life and habitats Impact. The proposed improvements should have minor potential impact on wildlife or habitat. 2. Water quality, quantity and distribution: A Water Aspects (hydrological) -The project may make ancillary drainage improvements, but these shall have little impact on water quality. Since the project is replacing failing septic tanks that have been leaking into area streams, the water quality should improve due to this project. Impact: The project should have minor to no impact on the drainage in the project area. B. Water Supply -This project shall have no impact on this factor. Impact: The project shall have no impact on the community's supply of water for all uses. 3. Geology and soil quality, stability, and moisture: A. Soil -there are no negative impacts to the soils due to the limited nature of the project area. B. Geology and Natural Resources -There is no data available on faults C. Topography -the project area is relatively flat and there shall be effectively no change to nor effect from this factor. D. Climate (especially unusual conditions) -the community is located in a light rainfall area, approximately 29.8-inches annually. E. Other Conditions -Flood Plains - A FEMA FIRM map was consulted. No portion of the project lies within a 100-year flood plain. Impact. There shall be on a minor impact on these factors. 4. Vegetation cover, quantity and quality -the soil found at the project site is covered with a variety of trees and grasses common to the area. Vegetation should only be affected during construction, and efforts will be made to restore the local flora to its original state Impact: The proposed project will have no known impact on the area's vegetation. 5 Aesthetics -The project site is located in an existing urbanized area where underground utilities are normally found. The implementation of the project will only have an aesthetics problem during construction. Impact: The project shall have no impact on the aesthetics of the community 6. Air Quality - Generally, air quality in the area is good and there are no known nearby industrial activities to contribute to air quality deterioration. Impact: Through project construction there will be some increase in ambient dust particulate from machinery and soil disturbances These will be only temporary in nature and all efforts will be made through proper construction methods to ensure dust control and properly functioning equipment. 7. Unique, endangered, fragile or limited environmental resources - A review has been made of a listing of endangered and/or nongame threatened species provided by the Texas Parks and Wildlife Department to determine the potential of certain animals and plants being found within the project area. This review indicated no known animal or plants on the project site. Impact: There are no known long-term disturbances of any habitat which might support endangered animal or plant species. 8. Demands on environmental resources of land, water, air and energy -The demands placed on existing environmental resources have been discussed through the previous sections. Land resources in the area may experience some additional demand, but since the area is nearly fully developed presently, this shall have only minor impact. Water resources shat! not be impacted. The project shall have only minimal additional demand on air and energy resources, mainly during construction. lmpact The demands on environmental resources as a result of this project will be minimal. As previously discussed in their respective sections, known land, water, air and energy resource expenditures will occur primarily during construction activities. 9 Historical and archeological sites - A listing of state and federal register properties has been reviewed and the local Historical Society has been contacted. Impact: No known historic or archaeological resources are known to exist in the area. 10 Farmlands -There is no farmland to be impacted by this project. Impact: No farmland shall be impacted by this project. B. POTENTIAL IMPACTS ON HUMAN ENVIRONMENT 1. Social Structures and Mores -This type of project should not have any application to this category. 2. Cultural Uniqueness and Diversity -Due to the nature of the project no increase or decrease of services shall be noticeable to the general public to interrupt, influence or change the local cultural heritage and diversity. 3. Agricultural or Industrial Production -These factors should remain essentially the same during the short-term period after construction. 4 Human Health -Health conditions shall not be adversely impacted due to the nature of the project. 5 Access to Recreational and Wilderness Activities Project shall have no impact on this factor 6. Quality and Distribution of Employment -Since this project involves the rehabilitation of existing faciVities, employment opportunities will not be enhanced unless the project spurs further commercial or manufacturing businesses to locate to the area which is unlikely as a direct result of this project. 7. Distribution and Density of Population and Housing -There should be no major changes in these environmental conditions since the work will occur in an existing residential area. 8. Demand for Government Services -The project shall decrease the demand for additional services by the fact of its implementation. 9. Industrial and Commercial Activity -The nature of the project shall have no little or no impact upon these factors 10. Demands for Energy -There should be only minor demands for additional energy resources due to construction work or the installation of new facilities. 11. Local Adopted Environmental Plans and Goals -There are none known to exist. 12.Transportation Networks and Traffic Flows -There are no anticipated concerns due to the nature of this project. I~taciZV It-1.-b Suv ~ ly y~I W C.o C .`d~ W~oD DRl VE PHASE a f 9N N~ 9~ o` ~~ ~` i ~ a `~ OCR '--~; ~~s Tq \\ ;, ;. 'J' / f Zook GoLpAI~ A CoNsTI~Ue-nq s~ k l°2R Cou ~1't-y . -~-E~cA S ~~ ~RovpSED Gii Scw6~ Li./r i ~~ L !' r, t ~ p ~ J ~ ~.' ~. \4 / 3 j; t ~~ )' ~ ~ r F{i ` ! i ! ~ f ~ i ~ J 'p ~ I f •~%t t ~y~~ '. ~ i ..r 'O ~M`' ~/iJ ti ~EW~IL f - _ ' ` V J yY OP~GJ .i TtE_~~y" d~ L'N~ rn EX1 i ! .~ r ~' r oa[11~ a .~ ~ St w \ ~ ~ ~ti ~~ p~~ r ADMINISTRATIVE MANAGEMENT SERVICES THIS AGREEMENT, MADE THIS DAY OF , 2001 BY AND BETWEEN THE COUNTY OF KERR, hereinafter referred to as the Client, and GRANTWORKS, INC., Sugar Land, Texas, hereinafter referred to as the Consultant. I. SCOPE OF BASIC SERVICES A. Consultant agrees to render Client the professional grant administration services for Client's 2001 Program Year Texas Community Development Program Contract Number 721075 - Colonic Construction Fund as administered by the Texas Department of Housing and Community Affairs, hereinafter referred to as the Department, as provided in the provisions titled, "Scope of Basic Services" and attached hereto and incorporated by reference herein. II. TIME OF PERFORMANCE A. The time of services of Consultant shall commence no earlier than upon receipt by the Client of an executed contract between the Client and the Department. In any event, all services required and performed hereunder shall be completed within either 600 calendar days or project close-out, as defined by Department, whichever is later. III. COMPENSATION AND METHOD OF PAYMENT A. For and in consideration of the foregoing, Client agrees to pay Consultant a base fee of Thirty-Five Thousand and no/100 Dollars, ($35,000.00), in accordance with the following schedule and upon/from current available funds. All payments are conditioned upon submission by Consultant of Invoices and receipt of match funds by Client from the Upper Guadalupe River Authority. The fee schedule shall be based upon satisfactory completion of identified milestones, as follows: Milestones: Amount 1. Establish files, record keeping system, and accounting system. $5,250 2. Environmental Notices Published. $3,500 3. Request for Release of Funds submitted to TDHCA $3,500 4. Complete Fair Housing/EEO/Section 504, and LSO appointment. $5,250 5. Start of Construction. $5,250 6. 25% of Grant funds Requested and Admin. Activities To Date. $3,500 7. 50% of Grant funds Requested and Admin. Activities To Date. $3,500 8. 90% of Grant funds Requested and Admin. Activities To Date. $1,750 9. Filing of all required Close-out Information. $1,750 10. Programmatic Closure. $1,750 IV. ADDITIONAL SERVICES A. If authorized in writing by Client, the Consultant shall furnish Additional Services of the following types which are not considered normal or customary Basic Services; these will be paid for by the Client at an hourly rate of Seventy-five and no/100 Dollars ($75.00). 1. Services resulting from significant changes in general scope of project necessitating the revision of previously accepted reports, documents, and studies or requiring programmatic amendments to Client's contract with the Department. 2. Reassessment of the environmental assessment procedures and clearance letter from the Department. 3. New and/or additional acquisition activities resulting from unknown needs prior to project initiation, site changes, and/or condemnation proceedings. 4. Additional services resulting from new or revised program guidelines or regulations as mandated by the state or federal administering agency during the term of this Contract. 5. Additional monitoring visits (other than the normal interim and final) which are conducted by the state or federal administering agencies as necessitated by actions or non-actions other than those of the Consultant. 6. Preparing to serve, or serving, as a consultant or witness for Client in any litigation, other legal or administrative proceeding involving this project. 7. Preparation of financial statements and records normally generated by the Client to satisfy project regulations. 8. Additional or extended services made necessary by: 1) a significant amount of defective work of any construction contractor, consulting engineer and/or architect; 2) prime construction contractor utilizing more than three (3) sub-contractors; 3) more than two (2) prime construction contracts; 4) default of any construction contractor, consulting engineer and/or architect. V. CHANGES AND AMENDMENTS A. The Client may, from time to time, request changes in the scope of services of the consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Client and the Consultant, shall be incorporated in written amendments to this Contract. VI. ASSIGNABILITY A. The Consultant shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Client thereto: Provided, however, that claims for money by the Consultant from the Client under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be fumished promptly to the Client. VII. RECORDS AND AUDITS A. The Consultant shall insure that the Client maintains fiscal records and supporting documentation for all expenditures of funds made under this Contract. Such records must include data on racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Contract. Client shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Contract or the period required by other applicable laws and regulations. VIII. MISCELLANEOUS PROVISIONS A. This Contract shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Kerr County, Texas. B. This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representative, successors and assigns where permitted by this Agreement. C. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursement in addition to any other relief to which such party may be entitled. E. It is agreed that all information, data, reports and records and maps as are existing, available and necessary for the canying out of the work outlined in this Contract shall be furnished to the Consultant by the Client and its agencies. No charge will be made to Consultant for such information and the Client and its agencies will cooperate with Consultant in every way possible to facilitate the performance of the work described in this Contract. F. The Client's contact person with the Consultant shall be the County Judge. IX. TERMS AND CONDITIONS A. This Agreement is subject to the provisions titled, "Part If Terms and Conditions" and attached hereto and incorporated by reference herein. IN WITNESSETH HEREOF, the Client and the Consultant have executed this Agreement as of the date indicated above. GRANTWORKS, INC. 2906 DEER CREEK DRIVE SUGAR LAND, TEXAS 7747f8 BY: BRUC PIT PRESIDENT KERR COUNTY COURTHOUSE 700 MAIN KERRVILLE, TEXAS 78208 COIF ATTEST: B~ COU Y CLERK CONTRACT FOR CONSULTANT SERVICES PART II -TERMS AND CONDITIONS PERSONNEL. The Consultant represents it has or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Client. All of the services required hereunder will be performed by the Consultant or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. All of the work or services covered by this Contract can be subcontracted without prior written approval of the Client. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 2. REPORTS AND INFORMATION. The Consultant, at such times and in such forms as the Client may require, shall furnish the Client periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 3. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by the Consultant under this contract are confidential, but subject to the Freedom of Information Act and Open Records Act, and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Client. 4. COPYRIGHT. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. 5. COMPLIANCE WITH LOCAL LAWS. The Consultant shall comply with all applicable laws, ordinances and codes of the State of Texas and local governments, and the Consultant shall save the Client harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 6. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the Client shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Contract shall, at the option of the Client, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the Client for damages sustained by the Client by virtue of any breach of the Contract by the Consultant, and the Client may withhold any payments to the consultant for the purpose of set-off until such time as the exact amount of damages due the Client from the Consultant is determined. 7. TERMINATION FOR CONVENIENCE OF CLIENT. Either the Client or the Consultant may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the Client as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Consultant, Paragraph 7 hereof relative to termination shall apply. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 9. SECTION 109 OF THE HOUSING 8 COMMUNITY DEVELOPMENT ACT OF 1974. a. No person in the United States shall on the ground of race, color, national origin, or sex be exGuded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. 10. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the Consultant agrees as follows: A. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall incude, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Client setting forth the provisions of this non-discrimination Gause. B. The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. C. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. D. The Consultant will include the provisions A. through C. in every subcontract or purchase order unless exempted. 11. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with requirements of the regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, it successors and assigns. Failure to fulfill these requirements shall subject the applicant, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. 12. INTEREST OF MEMBERS OF CLIENT. No member of the goveming body of the Client and no other officer, employee, or agent of the Client who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to assure compliance. 13. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the goveming body of the Client and no other public official of Client, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance. 14. INTEREST OF CONSULTANT AND EMPLOYEES. The Consultant covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. 15. SECTION 503 HANDICAPPED (IF $2,500 OR OVER) AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS: A. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and for training, including apprenticeship. B. The contractor agrees to comply with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C. In the event of the contractors non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of labor issued pursuant to the Act. D. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. E. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, inGuding action for non-compliance. CONTRACT FOR CONSULTANT SERVICES PART III -SCOPE OF BASIC SERVICES A. Proiect Management 1. Provide general advice to the Client and its staff with respect to the implementation of the project and regulatory matters. 2. Furnish necessary forms and procedures for implementation of the project. 3. Provide technical assistance to Client personnel who will be directly involved in the program for routine tasks, using the Texas Community Development Program (TCDP) -Project Implementation Manual (PIM). 4. Assist Client in developing a record keeping system consistent with program guidelines, including the establishment and maintenance of program files. 5. Serve as liaison for the Client during normal monitoring visits by staff representatives from either the Texas Department of Housing and Community Affairs (TDHCA) or the U.S. Department of Housing and Urban Development (HUD). 6. Assist Client in meeting all special condition requirements identified in the Department contract. 7. Prepare and submit to Department Client's required Quarterly Progress Report, Minority Business Enterprise Report, and Recipient Disclosure/Update Report. 8. Assist Client in meeting citizen participation, fair housing, personnel, and flood prevention, and Section 504 requirements as may be required for participation in the TCDP. B. Financial Management 1. Assist Client in proving its ability to manage the grant funds to the state's audit division. 2. Assist Client in establishing and maintaining a Direct Deposit account and/or separate local bank account, journals and ledgers. 3. Assist Client in submitting the Direct Deposit Authorization Form and/or Depository/Authorized Signatory form to Department. 4. Assist Client in preparation of drawdown requests from Department and disbursements of funds within the allotted time period. 5. Assist the Client in establishing procedures to handle the use of any TCDP program income. C. Environmental Review 1. Prepare environmental assessment. 2. Coordinate environmental Gearance procedures with other interested parties. 3. Document consideration of any public comments. 4. Ensure compliance with Executive Order 11988 for projects in the flood plains. 5. Prepare Request for Release of Funds and Certifications. D. Acquisition 1. Prepare required acquisition report(s). 2. Assist Client in obtaining documentation of ownership for Client owned property and/or rights-of-way. 3. Maintain a separate file for each parcel of real property acquired. 4. Determine necessary method(s) for acquiring real property. 5. Prepare correspondence with property owner(s). 6. Assist Client in negotiations with property owner(s). 7. Prepare required acquisition reports and submit to Department. E. Labor Standards 1. Assist Client in determining whether and/or what TCDP contract activities will be carried out in whole or in part via force account labor. 2. Assist Client in determining whether or not it will be necessary to hire temporary employees to specifically carry out TCDP contract activities. 3. Assist Client in maintaining adequate documentation of personnel, equipment and materials expended/used and their costs. 4. Assist Client in documenting compliance with all federal and state requirements related to equal employment opportunity. 5. Assist Client in documenting compliance with all federal and state requirements related to minimum wage and overtime pay requirements. 6. Provide assistance to or act as local Tabor standards officer for this project. 7. Request wage rate from Department. 8. Review bid packet, contract, advertisement for bid documents prepared by engineer for compliance with TCDP. 9. Make ten-day call to Department. 10. Verify construction contractor and any subcontractors for eligibility with Department. 11. Submit Notice of Start of Construction to Department. 12. Conduct pre-construction conference and prepare minutes. 13. Review weekly payrolls and conduct compliance follow-ups. 14. Conduct employee interviews. 15. Process and submit change orders to Department prior to execution. 16. Maintain Monthly Employment Utilization Reports. 17. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit tc Department. F. EaualOoportunity 1. Assist Client in developing, implementing and documenting new activities to affirmatively further fair housing activities. 2. Maintain documentation of all project beneficiaries by ethnicity and gender. 3. Ensure compliance with Section 3 and Affirmative Action Plan. 4. Meet all Section 504 requirements. G. Relocation 1. Assist Client in designing local relocation guidelines. 2. Assist Client in identifying individuals to be relocated and prepare appropriate notices. 3. Interview relocatees and identify assistance needs. 4. Maintain a relocation record for each individual/family. 5. Provide education/assistance to relocatees. 6. Inventory local available housing resources and maintain a referral list. 7. Issue appropriate notices to relocatees. 8. Ensure that all payments are made in a timely manner. H. Sewer Service Line Replacement/Housina Rehabilitation 1. Assist Client in establishing local program guidelines. 2. Prepare proposed guidelines for review by Client and Department. 3. Prepare resolution for Client adopting local program guidelines. I. Audit/Close-out Procedures 1. Prepare the final Project Completion Report, including Minority Business Report, Monthly Employment Utilization Report, Recipient Disclosure/ Update Report, documentation of fair housing activities and Certificate of Completion. 2. Assist Client in responding to any monitoring findings and resolving any third party claims. 3. Provide auditor with TCDP audit guidelines. PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES PARTI-AGREEMENT THIS AGREEMENT, entered into this _ day of , by and between the COUNTY OF KERR, hereinafter called the "County", acting herein by COUNTY JUDGE hereunto duly authorized, and GROVES AND ASSOCIATES, INC. hereinafter called "Finn or Engineer", acting herein by BRAD GROVES, P.E., PRESIDENT. WITNESSETH THAT: WHEREAS, the County of Ker desires to implement certain wastewater collection facilities under the general direction of the Texas Community Development Program; and Whereas the County desires to engage Firm to render certain services in connection with the design of such facilities. NOW THEREFORE, the parties do mutually agree as follows: 1. Scone of Services Part II, Scope of Services, is hereby incorporated by reference into this Agreement. 2. Time of Performance -The services of Firm shall commence on execution of this contract. In any event, all of the services required and performed hereunder shall be completed no later than December 31, 2002. 3. Access to Information - It is agreed that all information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work outlined above shall be furnished to Finn by the County and its agencies. No charge will be made to Firm for such information and the County and ks agencies will cooperate with Firm in every way possible to facilitate the pertomtance of the work described in the contract. 4. Comoensation and Method of Pavment -The maximum amount of compensation and reimbursement to be paid hereunder shall not exceed $95,200.00. Payment to (persoNfirm) shall be based on satisfactory completion of identified milestones in Part III -Payment Schedule of this Contract. 5. Indemnification -Firm shall comply with the requirements of ail applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the County and its agency members from and against them, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws. 6. Miscellaneous Provisions a. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are perfornable in KemCounty, Texas. b. This Agreement shall be binding upon and insure to the benefit of the parties hereto and heir respective heirs, executors, administrators, legal representatives, successors and assigns where pennitted by this Agreement. c. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, Illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled !o reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to an incorporated into this Agreement. 7. Terms and Conditions -This Agreement is subject to the provisions titled, "Part IV Terms and Conditions" and attached hereto and incorporated by reference herein. IN WITNESSETH HEREOF, the parties have hereunto set their hands and seals. COUNTY~~F KER GROVES AND ASSOCIATES, INC. BY: ilq~ ~~ :_ ~ BY: (County Judge) Brad Groves its President .NOTE:--:This documenf has important legal consequences_ Please cohsutt with!yiaur legal counsefwith respect _. o its completion ormodification. 2 PART II PROFESSIONAL ENGINEERING/ARCHITECTURAL SCOPE OF SERVICES The Engineering Firm shall render the following professional services necessary for the development of the project: SCOPE OF SERVICES 1. Attend preliminary conferences with the Kerr County regarding the requirements of the project. 2. Determine necessity for any acquisition of any additional real property/easements/ROWS far the TCDP project and, if applicable, furnish to the Kerr County: • Name and address of property owners; • Legal description of parcels to be acquired; • Map showing entire tract with designation of part to be acquired. 1. Make any necessary surveys of existing rights-of-way, topography, utilities, or other field data required for proper design of the project. Provide consultation and advice as to the necessity of the Kerc County providing or obtaining other services such as auger borings, core borings, soil tests, or other subsurtace explorations; laboratory testing and inspecting of samples or materials; other special consultations. The Engineer will review any tests required and act as the Kerr County's representative in connection with any such services. 2. Prepare railroad/highway permits. 3. Prepare a preliminary engineering/architectural study and report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Kerr County, to include preliminary layouts, sketches and cost estimates for the project, and to set forth clearly the Engineer's recommendations; to be completed within 90 days of contract execution. 4. Furnish the Kerc County 10 copies of the preliminary report, if applicable (additional copies will be furnished to the Kerr County at direct cost of reproduction); 5. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and obtain ctearance. 6. Prepare bid packet/contract documents/advertisement for bids. 7. Make 10-day call to confirm prevailing wage decision issued by TDHCA. 8. Incorporate any and all wage rate modifications or supersedeas via bid addendum (if applicable). 9. Conduct bid opening and prepare minutes. 10. Tabulate, analyze, and review bids for completeness and accuracy. 11. Accomplish construction Contractor eligibility verification. 12. Conduct pre-construction conference and prepare copy of report minutes. 13. Issue Start of Construction Notice to TDHCA and Notice to Proceed to construction contractor. 14. Provide in ail proposed construction contracts deductive altematives where feasible, so that should the lowest responsive base bid for construction exceed the funds available, deductive altematives can be taken to reduce the bid price. 15. Design for access by persons with disabilities to facilities to be used by the public in accordance with Public law 504. 16. Use forms for instructions to bidders, general conditions, contract, bid bond, pertormance bond, and payment bond which have TDHCA approval. 17. Make periodic visits to the site to observe the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract. 18. Consult with and advise the Kerr County during construction; issue to contractors all instructions requested by the Kerr County; and prepare routine change orders if required, at no charge for engineering services to the Kerr County when the change order is required to corcect errors or omissions by the Engineer; provide price analysis for change orders; process and submit change orders to TDHCA for approval prior to execution by Kerc County. 19. Review shop and working drawings furnished by contractors for compliance with design concept and with information given in contract documents (contractors will be responsible for dimensions to be confirmed and corcelated at job site). 20. Based on the Engineer's on-site observations and review of the contractor's applications for payment, determine the amount owing to the contractor in such amounts; such approvals of payment to constitute a representation to the Kerr County, based on such observations and review, that the work has progressed to the point indicated and that the quality of work is in accordance with the plans, specifications and contract documents. 21. Require that a 10% retainage is withheld from all payments on construction contracts until final acceptance by the Kerr County and approval by TDHCA, unless State or local law provides othervvise. 22. Prepare Certificate of Construction Completion and Clean Lien Certificate. 23. Conduct interim/final inspections. 24. Revise contract drawings to show the work as actually constructed, and furnish the Kerc County with a set of "as built" plans. SUBCONTRACTS 1. No work under this Contract shall be subcontracted by Engineer without prior approval, in writing, from the Kerr County. 2. The Engineer shall, prior to proceeding with the work, notify Kerr County in writing of the name of any subwntractors proposed for the work, including the extent and character of the work to be done by each. 3. If any time during progress of the work, the Kerr County determines that any subcontractor is incompetent or undesirable, the Kerc County will notify the Engineer who shall take reasonable and immediate steps to satisfactorily cure the problem, substitute pertormance, or cancel such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in this Contract shall create any contractual relation between any subcontractor and Ken County. 4. The Engineer will include in all contracts and subcontracts of amounts in excess of $100,000 a provision which requires compliance wkh all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act [42 U.S. 1857 (h)], Section 508 of the Clean Water Act (33 U.S.C. 1368d), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of facilities inGuded on the EPA List of Violating Facilities. The provisions shall require reporting of violations to TDHCA and to the U.S. Environmental Protection Agency Assistant Administrator for Enforcement. 5. The Engineer will include in all contracts and subcontracts other than for small purchases (less than $10,000), provisions or conditions which will allow for administrative, contractual or legal remedies in instances which violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. 6. The Engineer will include in all contracts and subcontracts in excess of $10,000 suitable provisions for termination by the Kerr County including the manner by which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the Engineer. 7. The Engineer will include in all contracts and subcontracts in excess of $10,000 provisions requiring compliance with the following: • The Engineer will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, physical or mental disability, marital status, parenthood, or age. • Executive Order 11246 -Equal Employment Opportunity. • Copeland Anti-Kickback Act. • (in excess of $2,000) -Davis-Bacon Act • (in excess of $2,000) -Section 103 and 107 of the Contract Work Hours and Safety Standards Act. • a provision recognizing mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Section 3 of the Housing and Urban Development Act of 1969. • Title VI of the Civil Rights Act of 1964 1. The Engineer will include in all negotiated contrails and subcontracts a provision which indicates that funds will not be awarded under this contract to any party which is debarred, suspended, or otherwise exctuded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. A certification shall be provided and received from each proposed subcontrailor under this contrail and its principals. 2. The Engineer will include in all negotiated contracts and subcontracts a provision to the effect that the Ken- County, TDHCA, the Comptroller General of the State of Texas, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Contrailor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. 3. The Engineer will include in all contrails and subcontracts a requirement that the Contractor maintain all relevant project records for three (3) years after the Kerr County has made final payment to the Contractor and all other pending matters are closed. STANDARD OF PERFORMANCE AND DEFICIENCIES 1. All services of the Engineer and its independent professional associates, consultants and subcontractors will be pertortned in a professional, reasonable and prudent manner in accordance with generally accepted professional practice. The Engineer represents that it has the required skills and capacity to perform work and services to be provided under this Contrail. 2. The Engineer represents that services provided under this Contract shall be pertormed within the limits prescribed by the Kerr County in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. 3. Any deficiency in Engineer's work and services performed under this contrail shall be subject to the provisions of applicable state and federal law. Any deficiency discovered shall be corrected upon notice from Kerr County and at the Engineer's expense if the deficiency is due to Engineer's negligence. The Kerc County shall notify the Engineer in writing of any such deficiency and provide an opportunity for mutual investigation and resolution of the problem prior to pursuit of any judicial remedy. In any case, this provision shall in no way limit the judiclal remedies available to the Kerr County under applicable state or federal law. 4. The Engineer agrees to and shall hold harmless the Kerc County, its officers, employees, and agents from all claims and liability of whatsoever kind or character due to or arising solely out of the negligent acts or omissions of the Engineer, its officers, agents, employees, subcontractors, and others acting for or under the direction of the Engineer doing the work herein contracted for or by or in consequence of any negligence in the performance of this Contract, or by or on account of any omission in the performance of this Contrail. NDTE: This document has important legal consequences. ,:Please consult with,your legal, counsel with iespeil: to its completion ormodificaton. PART III PAYMENT SCHEDULE PROFESSIONAL ENGINEERING/ARCHITECTURAL SERVICES City/County shall reimburse Groves and Associates, Inc. for basic engineering services provided upon completion of the following project milestones per the following percentages of the maximum contract amount: of Contract Milestone Fee • Approval of Preliminary Engineering Plans and Specifications by Kerr County. 20% • Approval of Plans and Specifications by Regulatory Agency(ies). 45% • Completion of bid advertisement and contract award. 20% • Completion of construction staking 5% • Completion of Final Closeout Assessment and submittal of "As Builts" to Kerr 5% County. • Completion of final inspection and acceptance by the Kerr County. 5% Total 100°k SPECIAL SERVICES Special Services shall be reimbursed under the following hourly rate schedule: (List all applicable services to inGude overhead charge). Registered Surveyor Survey Crew (3 members) Project Engineer Engineering TecFSnician Project Representative Draftsman $ 100.00 $ 120.00 $ 100.00 $ 60.00 $ 50.00 The fee for all other Special Services shall not exceed a total of Twentv Two Thousand. Two Hundred and No/100 Dollars ($22.200.00). The payment for these Special Services shall be paid as a lump sum, per the following schedule: 1. The Engineer shall be paid upon completion of surveying, necessary field data, and acquisition data, if applicable, the sum of Twentv Two Thousand. Two Hundred and No/100 Dollars ($22 2. 00.001. 2. The Engineer shall be reimbursed the actual costs of necessary testing based on itemized billing statements from the independent testing laboratory, plus a fifteen percent L%) overhead charge. All fees for testing shall not exceed a total of Five Thousand and No/100 Dollars ($5 0. 00.00). 3. The payment requests shall be preparetl by the Engineer and be accompanied by such supporting data to substantiate the amounts requested. 4. Any work performed by the Engineer prior to the execution of this contract is at the Engineer's sole risk and expense. a PART IV TERMS AND CONDITIONS PROFESSIONAL ENGINEERING AND/OR ARCHITECTURAL SERVICES Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Firm shall violate any of the covenants, agreements, or stipulations of this Contrail, the City/County shall thereupon have the right to terminate this Contrail by giving written notice to the Finn of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Finn under this Contract shall, at the option of the City/County, become its property and the Firm shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for damages sustained by the City/County by virtue of any breach of the Contract by the Finn, and the City/County may withhold any payments to the Firn for the purpose of set-off until such time as the exail amount of damages due the City/County from the Finn is determined. 2. Termination for Convenience of the City/County. The City/County may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated by the City/County as provided herein, the Finn will be paid for the time provided and expenses incured up to the termination date. If this Contract is terminated due to the fault of the Firm, Paragraph 1 hereof relative to termination shall apply. 3. Changes. The City/County may, from time to time, request changes in the scope of the services of the Firm to be pertortned hereunder. Such changes, iniluding any increase or decrease in the amount of the Firn's compensation, which are mutually agreed upon by and between the City/County and the Firm, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Firm represents that he/she has, or will secure at his own expense, all personnel required in pertorming the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City/County. b. All of the services required hereunder will be performed by the Firm or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to pertorm such services. c. None of the work or services covered by this Contrail shall be subcontrailed wthout the prior written approval of the Cky/County. Any work or services subcontracted hereunder shall be specified by written contrail or agreement and shall be subject to each provision of this Contract. 5. Assionability. The Firm shall not assign any interest on this Contrail, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City/County thereto: Provided, however, that claims for money by the Firm from the City/County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City/County. 6. Reports and Information. The Firm, at such times and in such forms as the City/County may require, shall furnish the City/County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incured in connection therewith, and any other matters covered by this Contract. 9 Records and Audits. The Firm shall insure that the City/County maintains fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this Contrail. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Contract. City/County shall retain such retorts, and any supporting documentation, for the greater of three years from closeout of the Contract or the period required by other applicable laws and regulations. 8. Findings Confidential. All of the reports, infornalion, data, etc., prepared or assembled by the Firm under this contract are confidential and the Firm agrees that they shall not be made available to any individual or organization without the prior written approval of the City/County. 9. Copvripht. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Firm. 10. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Firm shall save the City/County harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. Equal Employment Opportunity. During the pertorrnance of this Contract, the Firm agrees as follows: a. The Finn will not discriminate against any employee or applicant for employment because of race, creed, sex, color, handicap or national origin. The Firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, handicap or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Finn agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City/County setting forth the provisions of this non-discrimination clause. b. The Firm will, in all solicitation or advertisements for employees placed by or on behalf of the Firm, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, handicap or national original. c. The Firm will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contrails or subcontracts for standard commercial supplies or raw materials. d. The Firm will incude the provisions a. through c. in every subcontrail or purchase order unless exempted. 12. Civil Rights Ad of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrmination under any program or activity receiving Federal financial assistance. 13. Section 109 of the Housing and Community Development Act of 1974. a. No person in the United States shall on the ground of race, color, national origin, or sex be excuded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 14. "Section 3" Compliance in the Provision of Training. Employment and Business Opportunities. a. The work to be performed under this contrail is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Ail of 1968, as io amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. 15. Section 503 Handicaooed (if $2.500 or Over) Affirmative Action for Handicaooed Workers. a. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and othervvise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment,advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a forth to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractors obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 11 e. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Ad of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f. The contractor will inGude the provisions of this Gause in every subcontraG or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respell to any subcontract or purchase orcler as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 16. Interest of Members of a City/County. No member of the goveming body of the City/County and no other officer, employee, or agent of the City/County who exercises any functions or responsibilities in connection with the planning and canying out of the program, shall have any personal financial interest, direct or indirect, in this Contract. and the Firm shall take appropriate steps to assure compliance. 17. Interest of Other Local Public Officials. No member of the goveming body of the Kerr County and no other public official of such Kerc County, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Finn shall take appropriate steps to assure compliance. 18. Interest of Firm and Emolovees. The Firm covenants that he/she presently has no interest and shall not acquire interest, director indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. The Firm further covenants that in the pertomtance of this Contract, no person having any such interest shall be employed. 12