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: January I3, 2003 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 Authority for the Kerrville South Wastewater Project, to cover current, pending and future projects. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Richard Mosty, and Scott Loveland representing UGRA, and David Motley, County Attorney ESTIMATED LENGTH OF PRESENTATION: 10 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: Meeting 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 Rule adopted by Commissioners Court. MEMORANDUM December 30, 2002 To: David Motley, County Attorney From: William H. Williams, Commissioner, Precinct 2 Subject: Revisions to Inter-local Agreement between Kerr County and the Upper Guadalupe River Authority Deaz David: Greetings and Happy New Year It seems as though all of my memorandums to you during 2002 came with a sense of urgency. This one is no exception, and for this I apologize. However, there is a need to place this item on the first Commissioners Court agenda for 2003, which is January 13. I had this item on the Court agenda for the December 23 meeting, but was unable to get the changes completed in time for your review before the meeting. The Court listened to both Jim Brown and Richard Mosty representing UGRA re the changes, but preferred to have your review before taking action on the changes. Briefly, the changes reflect happenings and changes since Commissioners Court approved the Inter-local. For example, the yeazs, and designations of certain funding grants have changed; the Texas Department of Housing and Community Affairs (TDHCA) is now the Office of Rural Community Affairs (ORCA); Groves Engineering is now Tetra Tech; and Kerr County has applications for additional funding in the "conduit" so to speak, and anticipates others. While not binding future Commissioners Courts (which I know we cannot do) the revised agreement might preclude going back to the drawing beazds again if, as and when future funding and projects come into focus. I would appreciate your review of these changes, and suggested changes, if any, in time for placement of this item on the January 13 agenda. 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, Kerrville South Wastewater Project ^"` Eric and Bill, I am in the process in reviewing all open-ended items as I develop a transitional manual for my successor here at UGRA. Today I 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 agreement, 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 Contrail 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. Does this present a problem with TDCA? If not please give us the appropriate language for the appropriate title(s) in the caption ofthe proposed revised agreement. 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 December 18, 2002. Again, we could take action at a subsequent date, but that will in all reality fall under the new Court. /0 December, 2001 Page 1 Of 1 J7B eawindowsl7emporary internelfrleelconlenLreSk~d}v4dlzLtemllle sovlh wwproj-lrnergavernmenml agreemenGdoc Yage t of t 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 Cornmunity Development Program Awards" with no reference to funding category or program yeaz. At this time there are 2 awazds (the 2001 Colonia and the 2002 Community Development) and 2 pending applications (2003 Colonia and 2003 Community r-. 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 aze 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 Department of Housing and Community Affairs" and "TDHCA" with "Office of Rural Community Affairs" and "ORCA," the new agency responsible 12/10/02 .,~ :e ~~ a ' ,1Q ~,. .. a ~. f ` ...r --r.. d '~. .. r' ~ ~ Ti y,. «. .~, r,d 'max` 4 3F ' ~'~.~ '~ ~ '\\~ :.5'~.a .fir' r~ .. {,, ':J 1. ~ph'yy4 ~ "`SSS 4 ,y t"~ - n se" . - `~i' m y ~ ~'~' d.: " ~., a ti mo'o' ~"t.` 'f 3 `vs". L7 i Z'; ~ l~ ,1 4 1~ 4 a A ~ .. '~ ' ~~, 1 4, T d .. A c r. V~ ~,~ l~ e 4 Q ' a <'~ 4`. sa ~ `'~~'. ~r;r` Aa. ice. ....,~ O - -.`~ '~ o. ~'r ~i' ~ `v~. T ~ ~ L ` L C • CK e .. y. v r s. ' ~. ,',L• ;~:; a i_-_ 4 ~. ", °[~. r ~ ^: O4y e ort (101291202) Match .__.- ~ act Status R p acted me funds ater Proj ActuaVExp Eg otk is comPieted so This th wagtew Ex enditure 2004 NO7 rk (See pelow) Ille SOU Fy 2003 Fy After a0 contracaldedii oval wo olliny Green Kerry Match Fy 200~ ain for ass the R p~ount will rem work to by andle the anticipated Project includesch cannot h Status $43 836 $31,062 Vift Station, ~ Tar et Area $75,000 flow volume• 2003, Possibly in Grant under $500Ap0 in in spring fu~rdetl Wlth Funded, workwillbe9 dditwnalwoik unction with a rorreY Grove MttP construction ~nj Colonia Oak $12,500 lettover 2001 Colonia n 2001 Alanw will fund 18 Scuiiny will be Has excellent shotitted this cycle relinr. 8250,000 $12,500 subm - Fwrded, P $12,500 aPPii~tions fFeb 2003. enf)~neering in Jam' s resubmit ui unfunded Eastern loyal finalized' nCe a 2002 CD Valley Rd $250,000 $12,5 Has exce0ent cha if match car ue lication 0000) to cover funds 2002 Coi°'o $7~p000 (from $55~ 10 pls). ro from Pending 5103 of 5104 scope bV Ranche available $g9,000 increased fees (Wilt increase Ja1'i=eb 2003' $21,000 ~yineer~y Ifkel be finalized in ~` 2003104 CD Contour to SH 16 $70.000 Scotin Prof°sed, fu~}ds $500,000 3,838 bsq,562 $61500 Loyal Valley available 5103 2003 Colonia (remainder) §1,500,000 8170,000 ~ Total Grant Summast Use of Funds 2001 Colonia Fundi»glCo $500 fl00 Grant $75,000 UGRA Match $575,000 00p Enyi~~eering and Administration TOTAL $100, Construction Mains) vailable tot 5ewef Collection order) o change order) I E~tglAdnrEn $A75,000 Total funds a lion Bypass' 21°lo atran9e Road (4 to _ _- j ; ~ , ~. i . ciion (Vitt Ste me residents ale fn Ranchero Compton Consiru ecttons for low inrA m~ Construction $301,355 r main and place I $64,025 Added Service coon Contract 1 $1131A PROPOSED, wiN extend ~ ~, ,., Gh Order 1 j Ch Order 2 $370.604 1 TOTAL $98,306 b State) ` BALANCE wired Y cho Oaks) glance' alion in target are s (r~ al Valley. Ran Proposed Uses for B Cost ovalimitig r eligible area l Estimated Septic tank fern ~.ontraci 2 ~g,0306 Extend sealer mains info oche STATE OF TEXAS § COUNTY OF KERB § INTERGOVERNMENTAL AGREEMENT FORS TEXAS COMMUNITY DEVELOPMENT PROGRAM _4?~ So- P F:`:~w i (lt (7^~:. '. „ ,~ , ~n t :Ill .. 'J ~'n , it Lfi ! ,i,, t i. Z.'- 2. CONTRIBUTION OF MATCHING FUNDS: UGRA shall wn[ribute the matching funds for , _c~ rer}_v;-i n~t~cV,nctliiC'1~t<~c t s~ ~ ntl. r, d~ii~on u.,, yc::(s ~ .it nr,n Lc ~ ~ ,.~ bc_.ahi~,~~ ~2 b°, bo+~, ri.,tr s',n,nt~ and T'GR4. ~/~~~, - - (&~3;A99) Such funds to be placed in an r ~~C_ 1Eyi` Project Fund account opened by the County as provided for herein. 3. KERB COUNTY FUNDING: Kerr County shall pay funds made available to the County through arty ORC;~ ni gjeci~ . ith re~~ar t u th~~ .fir r i; t,tRC__~ p,t i ~_t~, and upon current available funding by the County. 4. AWARD OF BIDS: 1G}r;~ I:, !n~. E~g-strall review the bid package as prepared by Grant Works and shall make such design and consulting recemmendations as it deems necessary. Kerr County shall solicit and receive all bids. All accepted bids shall be referred by Kerr County to Tc~r;;_;. ccP~. in: the UGRA who shall jointly evaluate the bids and make recommendations to Kerr County. Kerr County shall award the actual bids pursuant to the Texas Local Government Code. 5. RELATIONSHIP OF PARTIES: 5.1 Kerr County is the contracting party with ORCA for Texas Community Development Program (TCDP) and Texas Colonic Cons[mction Fund (Colonic Fund) (fir (he current _~nd pendi,~ORCA j~[Qjci;ta: 5.2 Grant Works shall provide the County with administrative services and oversight of the current and pending ORCA prgjectti, 5.3 Tetrn Tech. Tnc.-breves-EegiaeeAng shall be the Consulting Engineer for the County, and will work in conjunction and cooperation with UGRA in the oversight of the construction aspects of the. current and ending ORCA~raic;ts. 5.4 UGRA shall be respons'ble for general oversight of the constmction of the ORCA projects. In fulfilling this duty UGRA or its designated administrative service provider shall firrnish copies to the County of plans and specifications, bids, contracts, invoices and pay estimates received by UGRA from arty and all professional service providers and construction contractors for projects, and in consultation with ih~ ~ipatEcsbl~ ~~ tsri±jn~ cr_u,cr i Iha_C,cnnt:_~reves-)3agateer-xrg shall recommend awarding of bids, contractual agreements with contractors and payment of appropriate invoices. 6. AWARD OF BIDS . i~~,. apT,ii ~ u>h; cp , uiiurg ~.n for U t, °•iam breves-Eriguteeriatg shall approve the bid package as prepared by Grant Works and shall make such design and consulting recommendations as it deems Proper. i nc' appiic,btc ~on,vultin~en~ineer fir the Cbnnn shall review the actual bids received and recommend bidders to UGRA, who will forward the bid to the County. Tf the applia,bte cons,dliivg c,~inccr Cur the County,,_ 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 the current ,rod pendin~> OR('.,a_.~rojects. and _inc 4nure ORC 4 proiecis a~ro~~cd b~- the C'ount~_and [;GRh shall be forwarded Intergovernmental Agreement for implementation of ~ - + ~ ~C-A !:',+:g:.~.k ~ s t _.._.. Page 1 directly to the County. Copies of the invoices shall be forwarded to + ~ i,ipl±~ ; on~pJt _, ic+r_t~:c -breves-Engineering 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 [he County paying the invoice. Upon approval by the Kerr County Commissioners Court, the County shall pay the invoices out of the ; '+! + ~Bl? 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 IIvIPROVEMENTS: Upon the final administrative closure of ,_ r,: _; _;~ ~.;_the~C-DP-EenFraEt, or sooner if agreed upon by the County and UGRA, all infrastmcture improvements constructed through ~::,*: project shall be transferred from the County to the UGRA subject to and in accordance with Texas Water Code, Section 49.229 and UGRA shall [hereafter assume all responsibilities of ownership, including operations and maintenance. All plans, specifications, warranties, or construction documents of arty 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 Ageement. 10. SERVICES PROVIDED BY UGRA: 10.1 The General Manager, either directly or through appropriate personnel operating under his supervision, shall provide all censlmction supervision services in connection with this Agreement and the ~. ~'BFIE,4 Project "~ 10.2 Montlily construction reports on the progress under the t trtC .~ A Project will be furnished to the County. 10.3 UGRA shall negotiate the contractual arrangements with the City of Kemille or o~hc7' ~t~Umnriafe c, ~ i+~ ,_ 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 construction issues to its satisfaction with the a lpp ic;~bie consrltin+a en~iaccr for the Cauntt Tcira Tech. tiic.~reves Eagineering and any contractors identified with the execution of ilie ORCA~roiects. Provided, however, that any such resolution shall not increase the cost of the project without the approval of Ketr County. 10.5 UGRA shall have no responsibility for the administration of the grant, funds distribution from URC:\ ~BHC-A into the project, rocord keeping and final audit, or the solicitation of subscribers or connections to the Project.. UGRA shall have no responsibility for the management, procurement or accountability 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; 11.1 At its sole discretion and expense, UGRA shall have the sole 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 gant. 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. .-. 12. ADMINISTRATIVE/OPERATION METHODOLOGY: Intergovernmental Agreement for implementation of ~A Page 1 12.1 The County and the UGRA shall have the responsibility to supervise the construction during terms of the ~BHCt~ Projects. After the projects have been transferred to the UGRA, the UGRA shall have the sole responsibility far all aspects of the projects. 12.2 Individual members of the Kerr County Commissioners Court, their agents and employees shall refer all technical questions regarding the construction ofthe projects to the UGRA. 13. INDEPENDENT CONTRACTOR: [n 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 look 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/DEFIMTIONS: 14.1"Rules and Regulations" or "Program" means the requirements for the administration and, constntc[ion and implementation of the zT'^-eu-.~" ProjecLS, as adopted, by the Kerr County Commissioners Court , 14.2"General Manager" as that term is used in this Ageement 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 Ageement and the Kerr County OSSF Program. 14.3In case any one or more of the provisions contained in this Ageement 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 Ageement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14.4This Ageement constitutes the sole and only ageement 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 Ageement may be amended from time to time by mutual consent, with any such amendments being attached to the originals of the Ageement following execution. 14.6This Agcement 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 Ageement shall be sent as follows: Kerr County: Judge Frederick L. Heaneke Kerr County Judge Ken County Courthouse Kerrville, Texas 78028 UGRA Jim T. Brown, General Manager UGRA Admin. Offices Kemille, Texas 78028 Notices may be delivered by actual delivery, certiSed mail, facsimile, or other appropriate method creating a record of the date of delivery. ^ Intergavemmental Agreement for implementation of ~: , ~A ~ ~~ ~ .!:3._..., Psge 1 ^ Intergovernmental Agreement for implementation of ~~A s `ezt ),~ ` ~. , :`. Page 1 - - - APPROVAL APPROVED AND ORDERED by the Commissioners Court of Kerr County this _ day of ATTEST: COUNTY OF KERB By: Frederick L. Henneke, County Judge County Clerk, Kerr County By: Deputy APPROVED AND ORDERED by the Board of Directors of the Upper Guadalupe River Authority this day of ATTEST: Janet Robinson, Secretary to the Board of Directors UPPER GUADALUPE RIVER AUTHORITY Jerry Ahrens, President of the Board of Directors (UGRA/Cxce~dRCDP- C~tlntalacal -12.19.02)