i~~~t-~'•~, l COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: Decemher 23, 2002 TIME PREFERRED: SUBJECT: (Please be specific) Consider, discuss, and take appropriate action on revisions to the Inter-local agreement between Kerr County and the Upper Guadalupe River for the Kerrville South Wastewater Project, and entry into a proposed agreement to cover pending and future projects. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, and Richard Mosty, representing UGRA. ESTIMATED LENGTH OF PRESENTATION: ] 0 Minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: 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: McQting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rulc adopted by Commissioners Court. Interoffice Memorandum J.T. Brown, General Manager Date: Tuesday, December 10, 2002 TO: Eric Hartzell, Grant Works and Bill Williams Kerr County Commissioners Court CC: UGRA CIP Committee Richard Mosty, General Counsel John Washburn, Admin/Financial Services Mgr. RE: Kerr County/UGRA Intergovernmental Agreement, Kemille South Wastewater Project Eric and Bill, I am in [he process in reviewing all open-ended items as I develop a transitional manual for my successor here at UGRA. Today 1 reviewed the wastewater projects, more specifically the Kerrville South Project. I am not comfortable with the current intergovernmental agreement in that is makes reference to the "2001 Texas Community Development Program Award". I do not have a problem with the contents of the agcement, but the reference to the time and date sensitive title of the ageement. The agreement makes reference to the fact that TCDP has funded a Colonia Construction Fund Contract and makes no reference to the subsequent CDBG grant. This is an item I would like to schedule for action before I depart on December 31, 2002. The action may fall beyond my tenure at UGRA. Eric, I am looking for a description that is all encompassing of both the CDBG Programs and the Colonia Construction Fund from 2001 through what may be the extended life of the project. I suggest that we do not make reference to a specific program, but to both funding programs as long as the two entities agree to work together. Dces this present a problem with TDCA? If not please give us the appropriate language for the appropriate title(s) in the caption of the proposed revised agrcement. Bill, we will have to depend on you to carry the water at the County. Richard, as soon as we receive the language from Eric, I will arrange to meet with you and attempt to draft the new Intergovernmental Agreement. I believe you developed the original agreement UGRA's next board meeting date is Deccmber 18, 2002. Again, we could take action at a subsequent date, but that will in all reality fall under the new Court. 10 December, 2002 Page 1 of 1 JTB cawindowsltemporary internetfileslcontent. ie51cdw4dclkemille south ww proj-in(ergovernmenml agreemenCdoc 'age ' o Bill Williams From: "Eric Hartzell" To: "J.T.Brown" ; "Com. William H. Williams" Cc: "Richard C Mosty" ; "John C. Washburn" ; "Jerry Ahrens" ; "Tom Myers" ; "Ronnie Pace" ; "Calvin Weinheimer" ; "Dave Tucker" Sent: Thursday, December 05, 2002 9:39 AM Subject: RE: Kemille South WW Project Intergovernmental Agree with Kerr County Jim, I agree that a single interlocal covering the entire Kerrville-South project is the best way to handle this, though we will need to ensure that the agreement remains specific enough to satisfy both parties. The TCDP will not have an issue with a combined interlocal. The agreement's language could be changed to refer to "Texas Community Development Program Awards" with no reference to funding category or program yeaz. At this time there aze 2 awards (the 2001 Colonia and the 2002 Community Development) and 2 pending applications (2003 Colonia and 2003 Community Development). Where the agreement refers to "TCDP contract" and "TCDP project" we could preface these terms with "awazded or pending." This could be further limited by specifying "awazded or pending Kerrville South Wastewater TCDP projects" if the Court would prefer. The agreement makes specific reference to the amount of matching funds committed by UGRA for the 2001 Colonia project; this language could be modified to read "UGRA, by resolution, has previously committed itself to providing cash matching funds for the awazded and pending TCDP projects" Since we already know what matching fund commitments for the existing and pending TCDP projects, the "Contribution of Matching Funds" language could be modified to read "UGRA shall contribute the matching funds for awazded TCDP projects in the sum equal to that committed through resolution of the UGRA boazd prior to the submittal of each TCDP project application; these funds shall be placed in a TCDP Project Fund account..." While we are amending this document, we should also make the following changes: Replace "Groves Engineering" with "Tetra Tech, Inc." which purchased Groves Engineering and its outstanding contracts. Replace "Texas Depaz[ment of Housing and Community Affairs" and "TDHCA" with "Office of Rural Community Affairs" and "ORCA;' the new agency responsible 12/10/02 ~, . ~ *~: . ,~ ~~ mow. ., =,,_~ ; a~~i1l ~ ~ 3 ~' ".`.x~.~~ .t ~'4~~~~4A t,~ :. ~ ~y ~ ,.f'~ Mile.. ~ t..r ,1 _ ". F', ~~i7 C 1p 4 ?c .'lC ~~yG` ~ ~ ) t~ 4 t 4 ,: A ~ ~ ~' r ~ ~~ 4 ~~`r4. ~. 4€.t* ,c," 44 d4 A4 i" ~` ~ . k. l "' 4. f•.4 4 w 111 a~rY `\~~a /} 4 ~..o .., t ,vn. tY`~' '. t.. :_ ter a` ..n~. 6 . ~ • t / 4~~ ~ r /` Y T ~~ ", ~ ~ E v. _. LL 7 a N I j'' i~ g r / ~ ~~ ~ i- ,\ r n r~/ 1 1012912002) Kerrville South Wastewater Project Status Report,( . Funded, under $500,000 $75,000 2001 Colonia Oak Grove MHP construction Eastern Loyal Fwrded, prelim $250,000 $12,500 12002 CD valley Rd engineering 2003104 CD ~Rnntour to SH 16 ~avai arb a 5/03 or 5104 I $250,000 $12,500 Colonia,Loyal n~IPeY lava able 5 03 ds I $500,000 I $70,000 ~Y "LUVS r ~ <~~+ ~•~ • -- After all contracted work is completed some This will remain for additional work (see below). $31,062 project includes work to bypass lire Rullirry Green Lift Station, which cannot handle the anticipated $12,500 $12,500 $21,0001 $49.000 /Vork will begin in spring 2003, possibly in :onjunction with additional work funded with leftover 2001 Colonia money. Has excellent shot since Alamo will fund 10 of 21 apRlications submitted this cycle. Scuriny will be finalized in JanlFeb 2003. ,Has excellent chance as resubmit of unfunded 2002 Colonia application if match can be increased to $70,000 (from $55,0000) to cover engineering fees (will increase score by IO pls). _ _.__...:~~ r~~i„ r,,N D TEXAS COL,ONtA CONSTRUCTION I~t~ND AWARDS This agreement is entered into this _ day of , pursuant to the terms of Chapter 791 of the Texas Government Cade, by and between the Commissioners Court of Kerr County, hereinafter called "the County", and the Upper Guadalupe River Authority, hereinafter called "UGRA", for the purpose of providing certain services relating to the administration of the operation of the 298E TEXAS COMMUNITY DEVELOPMENT PROGRAM AND TEXAS COLONIA CONSTRUCTION FUND AWARDS WHEREAS, Kerr County has, applied for and may aopl~ i n the furore for grants under the >teea-awarded-e 299-1- Texas Community Development Program (TCDP) and/or the Texas Colonic Construction Fund Colonic Fund -~P-6eaHasE=) from the Office of Rural Communi[•~ Affairs (ORCA) to construct treated water, wastewater or other infrastrrtctttre improvements in the County projects, and WHEREAS, the County fords, and may in Ure fiimrc find. it in the best interest of the health and welfare of its residents, absentee property owners, visitors and guests, to accept and implement such projects. the-~6BF WHEREAS, the County finds that effective implementation of the such projects ABP--6eaHnEE will provide good environmental health practices which, among other benefits, ultimately will promote safeguards for the ooanty's surface and public drinking water standards; and WHEREAS, UGRA's territorial jurisdiction is the same as the County's and UGRA is charged to, among other matters. Protect. Preserve and maintain the quality of surface water in Kerr County; and WHEREAS, GrantWorks has an established program and staff to administer the current and pending ORCA proiects ~P-6eetra6E on behalf of the County; and WHEREAS, Tctra Tech. Inc. Ei-Engrg has an established expertise and staff to serve as the consulting engineer on the current and pending ORCA projects~GBP-prejesE; and WHEREAS, UGRA has expressed a willingness m oversee the design and censlruclion of the current and pendin ORCA projects_T6BP7resjest, and has the program and staffto do so; and WHEREAS, the public health, safety and welfare of the citizens of Kerr County would be best served by both parties entering into this Intergovernmental Cooperation Agreement pttrstrant to the authority granted by Chapter 791 of the Texas Government Cade. WHEREAS, UGRA, by resolution, has previously committed itself to providing &73;999:99-in cash matching funds for the a~carded and pending this-2901 ORCA proiects ~FGBP-prejeef, and WHEREAS, the County and UGRA mutually desire to be subject to the provisions of Texas Government Intergovernmental Agreement for implementation of t.)hC r\ ~BHC~4 PizO.1F.C`l_ Page 1 Cade Chapter 791, which provides for interlocal cooperafion contracts, for the purpose of establishing the funding, oversight, and eventual ownership of !_iic_ C~2<. r1 1'r~`C;~!>-_ THEREFORE, the parties agce as follows: 1. TERM OF AGREEMENT: This Agreement shall commence on the date it is signed as indicated Tb/e~lio~wn and shall remain in full force for a term commensurate with the term of ai~~ the ORC'~Txoiect,szLVc sincluding any contract end-date extensions), ;rŦe}t ,,~ k>c~xiin~~jlRC:~p~olccts_o~rujis-tJi~ ~r~n_t;i4tutc~~_bc~~pl?ro~cc[i,~buthl~~n~)_au~i_~anyi_1?G[Za_ 2. CONTRIBUTION OF MATCHING FUNDS: UGRA shall contribute the matching funds for current and pendi~ ORCA projects. as titell as neic cr additional projects That mac hereafter be approved br both Kcrr C'ounh and UGRA. •+~~-(_ -~ c---- ~ ~:_- ~-- a a i (573;998) Such funds to be placed in an nRCA 2LYYf Project Fund account opened by the County as provided for herein. 3. KERR COUNTY FUNDING: Kerr County shall pay funds made available to the County through arty ORCA protects ttith regard 1o the current ORCA projects and upon current available funding by the County. 4. AWARD OF BIDS: Tetra Tech htc breves-Begineering-shall review the bid package as prepared by Grant Works and shall make such design and consulting recommendations as it deems necessary. Kea County shall solicit and receive all bids. All accepted bids shall be referred by Kea County to Tetra Tcch. tnc. d the UGRA who shall jointly evaluate the bids and make recommendations to Kea County. Kerr County shall award the actual bids pursuant to the Texas Local Government Code. ^ 5. RELATIONSHIP OF PARTIES: 5.1 Kea County is the contracting party with ORCA for Texas Community Development Program (TCDP) and Texas Colonic Constroction Fund (Colonic Fund) for the current and cendine ORCA r 'acts: 5.2 Grant Works shall provide the County with administrative services and oversight of the current and pendin>; ORCA oroieas ' 5.3 Tetra Tech. Inc. shall be the Consulting Engineer for the County, and will work in conjunction a~ cooperation with UGRA in the oversight of the construction aspects of the cuaent and pending ORCA projects. 5.4 UGRA shall be responable for general oversight of the construction of the ORCA projects. In fulfilling this duty UGRA or its designated administrative service provider shall furnish copies to the County of plans and specifications, bids, contracts, invoices and pay estimates received by UGRA . from any and all professional service providers and constroction contractors for projects, and in consultation with the ap lic>~consuttine en te'tteer for the C.onn~~reves-firrgiaeeru~rg shall recommend awarding ofbids, contractual agreements with contractors and payment of appropriate invoices. 6. AWARD OF BIDS: The applicable consultive engineer for Ute Counts E shall approve the bid package as prepared by Grant Works and shall make such design and consulting recommendations as it deems proper. The applicable consulting engineer for the County shall review the actual bids received and recommend bidders to UGRA, who will forward the bid to the County. If the applicable consulting cneincer for [he Cotmn. breves, UGRA and the County cannot agree on the award of a bid, the majority recommendation shall be awarded 7. PAYMENT OF CONSTRUCTION INVOICES: All invoices for construction services provided on Ure current and rpe tding ORCA projects, and am~ future ORCA projects approved be the County and UGRA shall be forwarded Intergovernmental Agreement for implementation of ! • ~A !' itt'i.E F t i Page 1 directly to the County. Copies of the invoices shall be forwarded to ii~,_.;iP171icahlc ~onu~l,ting engineer Cor the ~~~reves-Ertgirteering and the UGRA. The UGRA shall review each invoice it receives to ensure the invoice's validity. Any validity issues arising from the UGRA's inspection of an invoice shall be made known to the County by the UGRA prior to the County paying the invoice. Upon approval by the Kerr County Commissioners Court, the County shall pay the invoices out of the '',' ~'6DP Project Fund. The UGRA shall remit its portion of the matching grant to the County within five (5) business days of notice of payment by the County to the UGRA. 8. DISPOSITION OF ]MPROVEMENTS: Upon the final administrative closure of r.. ~:_ ~~rr j,,_, fhe-T~BF-6onHnot, or sooner if agreed upon by the County and UGRA, all infrastructure improvements cortstmcted through ~_dl~. project shall be transferred from the County [o the UGRA subject to and in aceordance with Texas Water Cade, Section 49.229 and UGRA shall thereafter assume all responsibilities of ownership, including operations and maintenance. All plans, specifiptions, warranties, or censttuction documents of any kind shall be transferred to UGRA at such time. 9. TERMINATION: Either party may terminate this agreement upon sixty (60) days written notice to the other party, and such termination shall release each party from any further responsibility under this Agreement. 10. SERVICES PROVIDED BY UGRA: 10.1 The General Manager, either directly or through appropriate personnel operating under his supervision, shall provide all construction supervision services in connection with this Agreement and the C)R C A ~BHC-,4 Project 10.2 Monthly construction reports on the progress under the C)RC'A -TBHEA Project will be famished to the County. 10.3 UGRA shall negotiate the contractual arrangements with the City of Kerrville or other aoorooriate cntih. , to accept and treat the waste, to include the fees required to treat such waste. 10.4 UGRA shall have the responsibility to mediate and resolve design and/or constmction issues to its satisfaction with the applicable consulting engineer for the Count Tetra Tech, Inc breves and any contractors identified with the execution of the ORCA projects. Provided, however, that a~ such resolution shall not increase the cost of the project without the approval of Kerr County. l OS UGRA shall have no responsibility for the administration of the grant, funds distn'bution from ORCA TBH6A into the project, record keeping and final audit, or the solicitation of subscribers or connections to the Project.. UGRA shall have no responsibility for the management, procurement or aceoantability for the procurement or acquisition of rightsof--way or easement for the project. The County, through GrantWorks, or others, shall provide these services 11. EXPANSION OR EXTENSION OF THE PROJECT; ILl At its sole discretion and expense, UGRA shall have the sale and exclusive right to tap into, extend and/or expand upon the project to provide services to areas beyond the geographical boundaries of any existing or future grant. 11.2 UGRA shall have the sole right and authority to negotiate and develop contractual relations with developers and landowners within the areas of expansion. l2. ADMfiVISTRATIVE/OPERATION METHODOLOGY: Intergovernmental Agreement for implementation of SEA Page 1 12.1The County and the UGRA shall have the responsibility to supervise the construction during terms of the ~,4 Projects. After the projects have been transferred to the UGRA, the UGRA shall have the sole responsibility for all aspects of the projects. I2.2 Individual members of the Kerr County Commissioncrs Court, their agents and employees shall refer all technical questions regarding the wnstruction of the projects to the UGRA. 13. INDEPENDENT CONTRACTOR: In performance of its obligations hereunder, the UGRA is an independent contractor with the exclusive right to oversee the construction of the project. The County shall Zook to the UGRA for results only and shall not have the right or responsibility at any time to direct or supervise the UGRA General Manager or any of the UGRA personnel, agents, employees or professional and/or technical consultants employed by UGRA on the delivery of the services as set out herein in the performance of such services or as to the manner, means or methodology in which the services are performed. 14. GENERAL CONDITIONS/DEFINffIONS: 14.1"Rules and Regulations" or "Program" means the requirements for the administration and, constnuction and implementation of the + , ! ~.~IEA Projects, as adopted, ~ ~ ,' '' - ~ i,~ ~{ : ~ :,; by the Kerr County Commissioners Court, _' °"°^`:..- "`^.. ° ^^n' 14.2"General Manager" as that term is used in this Agreement means the General Manager of the UGRA, his staff agents, consultants that may or will be involved in the execution of the terms of this ^ Agreement and the Kerr County OSSF Program. 14.3In case any one or more of the provisions wntained 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 hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14.4This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral ageements between the parties with respell to the subject matter hereof 14.SThis Agreement may be amended from time to time by mutual consent, with any such amendments being attached to the originals of the Agreement following execution. 14.6This Agreement is executed in duplicate originals with one original to be retained by each party. 14.7Any notices required to be sent under the terms of this Agreement shall be sent as follows: Kerr County: Judge Frederick L. Henneke Kerr County Judge Kerr County Courthottse Kemille, Texas 78028 UGRA Jim T. Brown, General Manager UGRA Admin. Offices Kemille, Texas 78028 Notices may be delivered by actual delivery, certified mail, facsimile, or other appropriate method creating a record of the date of delivery. Intergovernmental Agreement far implementation oI <- )K{. -~ ~6h P1LE?Jl? z' ąą Page 1 Intergavemmental Agreement for implementation of t tk ~ t ~A d'tYS) ~ t' (_ 7_~ Page 1 APPROVAL APPROVED AND ORDERED by the Commissioners Court of Kerr County this day of ATTEST: COUNTY OF KERB Frederick L. Henneke, County Judge County Clerly Kerr County BY Deputy APPROVED AND ORDERED by the Board of Dvectors of the Upper Guadalupe River Authority this day of ATTEST: Jand Robinson, Secretary to the Board of Directors UPPER GUADALUPE RIVER AUTHORITY By: Jerry Ahrens, President of the Board of Directors By: (IIGRA/CemY?ŪP -GmWtalad -12.19.02)