ORDER NU. 2796`r AF'PFt[:1VE fCDF' PERFORMANCE S"I"A`(EMENT AND CUN~TRACl` HUDGEI MUD I F T CA"I" I UNS On this the 1~th day of Febr•~_~ary, E~U:~, upon motion made by Commissioner Williams, seconded by Commissioner Naldwin, the Co~_irt ~.~nanimously approved by a vote of 4-~-U, to approve the TCDP Performance Statement and Contract P~_~dget Modifications and authari~e the Co~_~nty Judge to sign the same. ~' 'f 1 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 MEETING DATE: February 10, 2003 OFFICE: Commissioner, Pct. 2 TIME PREFERRED: 9:30 a.m. SUBJECT: (Please be specific) Presentation by GrantWorks Representatives on status of Kerrville South Wastewater Project; review Resolutions of Authorization previously adopted by Commissioners Court; and TCDP Performance Statement and Contract Budget Modifications required for additional engineering and attorneys fees for drafting wastewater treatment contract between UGRA and City of Kerrville, also previously approved by Commissioners Court. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Eric Hartzell and Dave Tucker, GrantWorks, 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 Cade, 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. ~'1!30i2003 13:15 512a270:?02 GRf~NTWC1Rk':ti P~;C~E 0=' G~ RESOLUTION RESQLU`TION QF 1~ERR COUNTY AUTI~4RrZlNC DESICrIvATED SIGNATpRS FpR TEXAS COMNiUN'ITY DEVELOP_IT PRpG1iAM CONTRACT 722491 ~ -- WHEREAS, the County has received funding under the 20U2 Texas Community Development Program; and WHEREAS, it is necessary to designate signators for contractual documents pertaining to these contracts, N4W, THEREFORE, BE IT RF:SOLY'ED EX KF,RR CUUI~iTY, TEXAS: Sectioa I. ~ That the Comtnissiozrers' Court designates the County nudge, County Clerk, County Commissioner and County- Treasurer as authorized signators For State of Texas Purchase Vouchers for the Texas Community 1~evelopment Program Contract 722,4 f 1: and, Section 2. That the Commissioners' Court designates the County Judge, County Clerk, County Commissioner and County Treasurer a; authorized signatory for Requests for Advance or Reimbutsrrnent for the Texas Camrniuiity Develaptx~ent Program Contract 722411; and, ____~_,~ Section 3. That the Commissioners' Court directs and designates the County Judge as the Count}T's Chief Executive Officer and Authorized Representative tv act in all matters in connection with the Texas Canitnunity Development Program Contract 722411. PASSED AND AFPRD'VEI7, this ~ day of , 20Q2 ApPRaVE17: ,~s1G~v~A~, County Judge ~ ~~ .~ ATTEST: ,1 ~'"~, ~~~ C ty Clerk 21r 3Fi'2E93 13:55 51242%3~J=r'~ ~RAh•JT4J3~hS FAGS 0~ RE$pLUTIpN-COTJNTY RESOLUTION OF KERR GOUNTY AUTHORIZING DESIGNATED SIGI~ATQRS POR TEAS CQMMUNIT'Y DEVELOPMENT PROGRAM CONTRACT 721075 ~'~'~ WHEREAS, the Countjv has received funding under the 2001 Texas Communitg~ Development Frvgram; and WHEREAS, it is necessary to designate signatory far contractual documents p4zrtaining to these contracts. NOW, THEREFORE, BE IT RESdL`VEll B'Y ~l~t CdUNT~4', TE7~AS: Section I. That the Commissioners' Court designates the County .judge, County Clerk, and County Treasurer and the appropriate County Commissioner as authorized signatory for State of Texas Purchase Vouchers far the Texas Community Develaptrent Program Contract 721075; and, Section 2. That the Commissioners' Court designates the County Judge, County Clerk, and County Treasurer and the appropriate County Commissioner as authorized signatory far Requests for Advance or Reimbursement for ~:e Texas Community I7~eveloprnent.Program Contract 721075; and, Section 3. That the Gamznzssioz>.ers' Caurt dizects and designates the County r,uige as the Gourxty's Chief Executive Oi'E'icer and Authorized Representative to act ir. alI matters in connection with the Texas Commu:uty Der~elopJnne>«t Pxograrn Contract 721075. PASSER A,NA AFPItOVED, this ,~„ day of ~- , , 2001, APPROVED: C Ca ty Judg ATTEST: • S~~RS C ty Clerk ~~~ ~'OG ~ ~a '~ fi't' ~~ ~~ Planning, Housing, and Community Development Services for Rural Texas Since 1979 1705 West Koenig Lane Austin, Texas 78756 Voice (512) 420-0303 Fax (512) 420-0302 dave@grantworks.net To: Commissioner Williams Date: 1/17/03 From: Dave Tucker Phone: Pro'ect: Kerrville South Fax: REMARKS: Hi Commissioner, here's the file folders I promised you. Everything from my admin file has been copied into your admin file, and if you're looking for a particular contract or document, the name of the file should tip you off to find it, or you can always give me a buzz and I'll let you know what file it should be. I checklist is included for quick reference. There are two other documents attached to this memo: A request for a performance statement modification for the 2001 project, and a budget modification for the 2002 contract. Performance Statement Modification: I have already received verbal approval from the State for the Riverhill bypass (in fact, I did months ago). Before we knew about the $500 per house impact fee, we thought perhaps we would be adding a lot of line work with our remaining funds on our 2001 contract, but it looks like that fee is going to eat up most of the remaining funds. As a result, the 2001 contract as Compton has been contracted to construct looks very much like it will probably look when all the 2001 grant funds are expended, so let's go ahead and request the Performance Statement (PS) mod now. First of all is a letter briefly explaining the changes, followed by the original PS followed by the revised PS. If the letter looks satisfactory to you and the Judge, please print it out on County letterhead and ask him to sign it and return it to me. I'll forward it to the State. A disk is included so you don't have to retype it. All I need is the letter. Budget Modification 1: This is for the 2002 contract to pay for the attorney's fees you sent me, as well as increase TetraTech's contract amount to make up for their re-re-redesigns and additional surveying on this project. There is a 5% threshold on budget modifications (anything more would be a budget amendment, which requires hearings, ads in the paper, and possible state rejection), hence the $12,500 total change (5% of $250,000). The attorney's fees are paid for out of the Admin budget, so the admin line-item is increased by $5,537 (the total legal fees) while the Engineering budget is being increased by $6,963, basically because $12,500, the practical limit, minus $5,537, equals $6,963. Kamran has indicated that they increased their services for this arm of the project by more than $6,963, but will "take what they can get". This should be the last increase in Engineering fees. If it seems satisfactory to you and the Judge, please get his signature and return it to me in the enclosed SASE. As usual, I'm available for questions at 512-420-0303, and thanks. ~~J~ S~P~E ~F~ w x Oo~n~ of ~yt IUNTY JUDGE PAr TwLEv ~MMISSIONERS COURT H.A. "BUSTER° BALDWw, PR. 1 WIWAM "BILL WIWAMS, PCT. 2 JONATHAN LET7~ PCT. J DAVE IYICHOLSON, PCT. 4 THE COUNTY COURT of KERB COUNTY,TEXAS 700 MAIN ICeaRVw.e, TrXAS 78028 Tel.. (830)792-2211 FAx:(830)792-2218 E-MAU kerrcocc a ctc com January 22, 2003 Ms. Wendy Langebeer, Regional Coordinator Office of Rural Community Affairs 507 Sabine, Suite 700 Austin, TX 78711 Re: Performance Statement Modification Kerr County TCDP Contract No. 721075 Dear Wendy: Kerr County is requesting a Performance Statement Modification to revise Exhibit A for the Community Development contract mentioned above. During the surveying phase of the project, the Engineer found, and the City of Kerrville, Kerr County, and the UGRA agreed, that it would be more feasible to connect to an existing nearby 10" Sewer Line (the Nimitz line) instead of constructing a lift station to pump the wastewater through a 4" force main uphill to connect to an existing 8" line. We instead intend to bypass the intended lift station and cut across a nearby golf course to connect to the larger 10" Nimitz line. Also, in surveying the intended beneficiaries to confirm low to moderate income and acquire temporary construction easements, we found that there are fifty-four eligible houses instead of fifty-eight. One hundred percent of those receiving grant-sponsored first time sewer service are of low to moderate income. This change does not significantly alter the scope of this project or the environmental assessment. Please contact Dave Tucker, Principal Consultant, at (512) 420-0303 if you have further questions or comments. Sincerely, CLERK JANNETT PH:PER COURT COORDINATOR TNEA SOVIL Pat Tinley, County Judge Kerr County PLEASE RETYPE ONTO COUNTY LETTERHEAD (disk is included) January 17, 2003 Ms. Wendy Langebeer, Regional Coordinator Office of Rural Community Affairs 507 Sabine, Suite 700 Austin, TX 78711 Re: Performance Statement Modification Kerr County TCDP Contract No. 721075 Dear Wendy: Kerr County is requesting a Performance Statement Modification to revise Exhibit A for the Community Development contract mentioned above. During the surveying phase of the project, the Engineer found, and the City of Kerrville, Kerr County, and the UGRA agreed, that it would be more feasible to connect to an existing nearby 10" Sewer Line (the Nimitz line) instead of constructing a lift station to pump the wastewater through a 4" force main uphill to connect to an existing 8" line. We instead intend to bypass the intended lift station and cut across a nearby golf course to connect to the larger 10" Nimitz line. Also, in surveying the intended beneficiaries to confirm low to moderate income and acquire temporary construction easements, we found that there are fifty-four eligible houses instead of fifty-eight. One hundred percent of those receiving grant-sponsored first time sewer service are of low to moderate income. This change does not significantly alter the scope of this project or the environmental assessment. Please contact Dave Tucker, Principal Consultant, at (512) 420-0303 if you have further questions or comments. Sincerely, Pat Tinley, County Judge Kerr County EXHIBIT A -original PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001 Colonia Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first time public sewer service to sixty-nine (69) households in Kerrville South. Construction shall consist of the installation of approximately four thousand linear feet (4,000 I.f.) of six-inch (6") sewer line, seven hundred twenty linear feet (720 I.f.) of four inch (4") sewer line, one (1) six foot by fourteen foot (6' X 14') wet well, two (2) one hundred fifty gallon per minute (150 gpm) submersible pumps, sixteen (16) manholes, sixty-nine (69) service laterals to the property line, right of way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place in the following locations: STREET FROM TO Green Meadow Ranchero Wood Sweetwater Ranchero Wood Ripplewood Ranchero Wood Wood Green Meadow SH 16 Cross country SH16 SH 173 These activities shall benefit one hundred fifty-eight (158) persons, of which one hundred and thirty-two (132) are of low to moderate income. Rehabilitation of Private Properties (sewer service) Contractor shall provide first time public sewer service to fifty-eight (58) households in Kerrville South. Construction shall consist of the installation of fifty-eight (58) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on site sewer systems, including filling of tankage. Construction shall take place at the locations specified above. These activities shall benefit one hundred thirty-two (132) persons, of which one hundred thirty-two (132) or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire all necessary easements for the sewer line and the lift station. Contractor shall carry out all acquisition of needed real property, easements, and/or rights of way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Properties Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F. R. Part 42). Engineering Contractor shall ensure that the amount of department funds expended for all eligible project-related engineering services, including preliminary and final design plans specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. EXHIBIT A -revised PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001 Colonic Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first time public sewer service to fifty-four (54) households in Kerrville South. Construction shall consist of the installation of approximately one thousand five hundred and twelve linear feet (1,512 I.f.) of ten inch (10") sewer line, one thousand one hundred and eighty (1,180 I.f.) of eight inch (8") severer line, one thousand six hundred and thirty linear feet (1,630 I.f.) of six inch (6") sewer line, fourteen (14) manholes, seventy service laterals to the property line, right of way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place in the following locations: STREET FROM TO Green Meadow Ranchero Wood Sweetwater Ranchero Wood Ripplewood Ranchero Wood Wood SH 16 Camp meeting creek existing 10" line Cross country SH16 SH 173 RiverHill golf Rolling Green lift Birkdale lift station course station These activities shalt benefit one hundred thirteen (113) persons, of which ninety-five (95), or eighty-four percent (84%) are of low to moderate income. Rehabilitation of Private Properties (sewer service) Contractor shall provide first time public sewer service to fifty-four (54) households in Kerrville South. Construction shall consist of the installation of fifty-four (54) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on site sewer systems, including filling of tankage. Construction shall take place at the locations specified above. These activities shall benefit ninety-five (95) persons, of which ninety- five, or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire all necessary easements for the sewer line and the lift station. Contractor shall carry out all acquisition of needed real property, easements, and/or rights of way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Properties Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F. R. Part 42). Engineering Contractor shall ensure that the amount of department funds expended for all eligible project-related engineering services, including preliminary and final design plans specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. Planning, Housing, and Community Development Services for Rural Texas Since 1979 1705 West Koenig Lane Austin, Texas 78756 Voice (512) 420-0303 Fax (512) 420-0302 dave@grantworks.net To: Commissioner Williams Date: 1/17/03 From: Dave Tucker Phone: Pro'ect: Kerrville South Fax: REMARKS: Hi Commissioner, here's the file folders I promised you. Everything from my admin file has been copied into your admin file, and if you're looking for a particular contract or document, the name of the file should tip you off to find it, or you can always give me a buzz and I'll let you know what file it should be. I checklist is included for quick reference. There are two other documents attached to this memo: A request for a performance statement modification for the 2001 project, and a budget modification for the 2002 contract. Performance Statement Modification: I have already received verbal approval from the State for the Riverhill bypass (in fact, I did months ago). Before we knew about the $500 per house impact fee, we thought perhaps we would be adding a lot of line work with our remaining funds on our 2001 contract, but it looks like that fee is going to eat up most of the remaining funds. As a result, the 2001 contract as Compton has been contracted to construct looks very much like it will probably look when all the 2001 grant funds are expended, so let's go ahead and request the Performance Statement (PS) mod now. First of all is a letter briefly explaining the changes, followed by the original PS followed by the revised PS. If the letter looks satisfactory to you and the Judge, please print it out on County letterhead and ask him to sign it and return it to me. I'll forward it to the State. A disk is included so you don't have to retype it. All I need is the letter. Budget Modification 1: This is for the 2002 contract to pay for the attorney's fees you sent me, as well as increase TetraTech's contract amount to make up for their re-re-redesigns and additional surveying on this project. There is a 5% threshold on budget modifications (anything more would be a budget amendment, which requires hearings, ads in the paper, and possible state rejection), hence the $12,500 total change (5% of $250,000). The attorney's fees are paid for out of the Admin budget, so the admin line-item is increased by $5,537 (the total legal fees) while the Engineering budget is being increased by $6,963, basically because $12,500, the practical limit, minus $5,537, equals $6,963. Kamran has indicated that they increased their services for this arm of the project by more than $6,963, but will "take what they can get". This should be the last increase in Engineering fees. If it seems satisfactory to you and the Judge, please get his signature and return it to me in the enclosed SASE. As usual, I'm available for questions at 512-420-0303, and thanks. ~~J~ ~aT E ~,~~ ~. ~~ c << ;; ~°~nty of ~'e,. COUNTY JUDGE PAT TDVLEY COMMISSIONERS COURT H.A. "BUSTER" BALDWPI~ PR. 1 WILLIAM "BILL" WILLIAMS~ PCT. Z JONATHAN Lerz, Pcr. 3 DAVE IVICHOLSON~ PCE. 4 THE COUNTY COURT of KERB COUNTY,TEXAS 7~0 1V1AIN 1lLRRVILI.F., TGXA.S 7$O2$ Tel.: (830)792-2211 FAX: (830)792-2218 E-nnAlc kerrcocc rtktacom January 22, 2003 Ms. Wendy Langebeer, Regional Coordinator Office of Rural Community Affairs 507 Sabine, Suite 700 Austin, TX 78711 Re: Performance Statement Modification Kerr County TCDP Contract No. 721075 Dear Wendy: Kerr County is requesting a Performance Statement Modification to revise Exhibit A for the Community Development contract mentioned above. During the surveying phase of the project, the Engineer found, and the City of Kerrville, Kerr County, and the UGRA agreed, that it would be more feasible to connect to an existing nearby 10" Sewer Line (the Nimitz line) instead of constructing a lift station to pump the wastewater through a 4" force main uphill to connect to an existing 8" line. We instead intend to bypass the intended lift station and cut across a nearby golf course to connect to the larger 10" Nimitz line. Also, in surveying the intended beneficiaries to confirm low to moderate income and acquire temporary construction easements, we found that there are fifty-four eligible houses instead of fifty-eight. One hundred percent of those receiving grant-sponsored first time sewer service are of low to moderate income. This change does not significantly after the scope of this project or the environmental assessment. Please contact Dave Tucker, Principal Consultant, at (512) 420-0303 if you have further questions or comments. Sincerely, CLERK JANNET7 PIEPEA COURT COORDINATOR THEA SOVIL Pat Tinley, County Judge Kerr County PLEASE RETYPE ONTO COUNTY LETTERHEAD (disk is included) January 17, 2003 Ms. Wendy Langebeer, Regional Coordinator Office of Rural Community Affairs 507 Sabine, Suite 700 Austin, TX 78711 Re: Performance Statement Modification Kerr County TCDP Contract No. 721075 Dear Wendy: Kerr County is requesting a Performance Statement Modification to revise Exhibit A for the Community Development contract mentioned above. During the surveying phase of the project, the Engineer found, and the City of Kerrville, Kerr County, and the UGRA agreed, that it would be more feasible to connect to an existing nearby 10" Sewer Line (the Nimitz line) instead of constructing a lift station to pump the wastewater through a 4" force main uphill to connect to an existing 8" line. We instead intend to bypass the intended lift station and cut across a nearby golf course to connect to the larger 10" Nimitz line. Also, in surveying the intended beneficiaries to confirm low to moderate income and acquire temporary construction easements, we found that there are fifty-four eligible houses instead of fifty-eight. One hundred percent of those receiving grant-sponsored first time sewer service are of low to moderate income. This change does not significantly alter the scope of this project or the environmental assessment. Please contact Dave Tucker, Principal Consultant, at (512) 420-0303 if you have further questions or comments. Sincerely, Pat Tinley, County Judge Kerr County EXHIBIT A -original PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001 Colonia Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first time public sewer service to sixty-nine (69) households in Kerrville South. Construction shall consist of the installation of approximately four thousand linear feet (4,000 I.f.) of six-inch (6") sewer line, seven hundred twenty linear feet (720 I.f.) of four inch (4") sewer line, one (1) six foot by fourteen foot (6' X 14') wet well, two (2) one hundred fifty gallon per minute (150 gpm) submersible pumps, sixteen (16) manholes, sixty-nine (69) service laterals to the property line, right of way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place in the following locations: STREET FROM TO Green Meadow Ranchero Wood Sweetwater Ranchero Wood Ripplewood Ranchero Wood Wood Green Meadow SH 16 Cross country SH16 SH 173 These activities shall benefit one hundred fifty-eight (158) persons, of which one hundred and thirty-two (132) are of low to moderate income. Rehabilitation of Private Properties (sewer service) Contractor shall provide first time public sewer service to fifty-eight (58) households in Kerrville South. Construction shall consist of the installation of fifty-eight (58) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on site sewer systems, including filling of tankage. Construction shall take place at the locations specified above. These activities shall benefit one hundred thirty-two (132) persons, of which one hundred thirty-two (132) or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire all necessary easements far the sewer line and the lift station. Contractor shall carry out all acquisition of needed real property, easements, and/or rights of way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Properties Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F. R. Part 42). Engineering Contractor shall ensure that the amount of department funds expended for all eligible project-related engineering services, including preliminary and final design plans specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. EXHIBIT A -revised PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001 Colonia Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first time public sewer service to fifty-four (54) households in Kerrville South. Construction shall consist of the installation of approximately one thousand five hundred and twelve linear feet (1,512 I.f.) of ten inch (10") sewer line, one thousand one hundred and eighty (1,180 I.f.) of eight inch (8") severer line, one thousand six hundred and thirty linear feet (1,630 I.f.) of six inch (6") sewer line, fourteen (14) manholes, seventy service laterals to the property line, right of way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place in the following locations: STREET FROM TO Green Meadow Ranchero Wood Sweetwater Ranchero Wood Ripplewood Ranchero Wood Wood SH 16 Camp meeting creek existing 10" line Cross country SH16 SH 173 RiverHill golf Rolling Green lift Birkdale lift station course station These activities shall benefit one hundred thirteen (113) persons, of which ninety-five (95), or eighty-four percent (84%) are of low to moderate income. Rehabilitation of Private Properties (sewer service) Contractor shall provide first time public sewer service to fifty-four (54) households in Kerrville South. Construction shall consist of the installation of fifty-four (54) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on site sewer systems, including filling of tankage. Construction shall take place at the locations specified above. These activities shall benefit ninety-five (95) persons, of which ninety- five, or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire all necessary easements for the sewer line and the lift station. Contractor shall carry out all acquisition of needed real property, easements, and/or rights of way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Properties Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F. R. Part 42). Engineering Contractor shall ensure that the amount of department funds expended for all eligible project-related engineering services, including preliminary and final design plans specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT BUDGET MODIFICATION FORM MODIFICATION NO: TCDP Locality: Kerr County TCDP Contract No: CD 722441 Original Present Present Revised Program Activity Budget Budget Change Budget 1b. Sewer Facilities $168,600 $168,600 -$12,500 $156,100 17. Housing Rehab $24,200 $24,200 -0- $24,200 30. Engineering $32,200 $32,200 +$6,963 $39,163 32. Administration $25,000 $25,000 +$5,537 $30,537 $250,000 $250,000 ($12,500) $250,000 In accordance with Section 16(D) of all TCDP Contracts, Kerr County requests a transfer of funds between budget categories identified in the Budget (Exhibit B). The following conditions are satisfied: • The cumulative dollar amount of this budget modification request is not greater than five percent (5%) of the total amount of the contract as specified in Section 4(C) of the contract. The transfer will not change the scope or objective of the project(s) funded through the TCDP contract. The transfer of funds from 1 b) Sewer Facilities to 30) Engineering is needed for additional Engineering expenses that this project has incurred. A performance statement modification will be prepared to illustrate the additional design work that precipitated the increased Engineering fees. The transfer of funds from 1 b) Sewer Facilities to 32) Administration is to cover legal expenses to prepare a service agreement between Upper Guadalupe River Authority (the entity providing the matching funds and the planned owner of the collection lines) and the City of Kerrville (the entity that operates the sewer plant) to treat the wastewater from the first-time sewer service target area. The number of beneficiaries is not expected to change. ..---"'_ Date: l7 3 S~ed: ~`~-----~~ ~ Pa Tinley, County Judge LAW OFFICES MCGINNIS, LOCHI3IDGE $c KILGORE, L.I..P 1300 CAPITOL CENTER HOUSTON, TEXAS OFFICE 919 CONGRESS AVENUE AUSTIN, TEXAS OFFICE 3200 ONE HOUSTON CENTER AUSTIN, TEXAS 78701 (512 495-6000 1221 Mc KINN EY STREET FAX 512) 495-6093 HOUSTON, TEXAS 77010 ~713~ 615-8500 WRITERS DIRECT DIAL NUMBER: FAX ~713~ 615-85H5 (512)495-6061 emccarthy@mcginnislaw.com Fax: (512)505-6361 December 16, 2002 Honorable Fred Henneke Kerr County Judge Kerr County Commissioner's Court 700 Main Street Kerrville, Texas 78028 Re: MLK invoices for legal services rendered in connection with the Development of a Wholesale Wastewater Treatment Agreement with the City of Kerrville, Texas Dear Judge Henneke: Enclosed please find our invoices for legal services rendered in connection with the above referenced matter through November 30, 2002. I believe that the diary of services rendered reflected on each of the invoices is self-explanatory. Please let me know, however, if you have any questions. Best wishes for the Holidays. ERM McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512) 495-6000 Tax ID: 74-1196349 December 12, 2002 Billed through 11/30/02 Bill number 421000-91682-011 ERM Honorable Fred Heneke, County Judge Kerr County Commissioner's Court 700 Main Street Kerrville, TX 78028 Wastewater FOR PROFESSIONAL SERVICES RENDERED 10/15/02 Memorandum to Mr. Brown, UGRA General Manager and point of contact fro COK, regarding wastewater reuse issues impacting negotiatiosn with COK. E-mail to Mr. Brown. 10/21/02 Analyze COK email fowarded by Mr. Brown. Begin work on response. Total fees for this matter $ 490.00 BILLING SUMMARY TOTAL FEES $ 490.00 TOTAL CHARGES FOR THIS BILL $ 490.00 PLEASE SHOW THE BILL NUMBER ON YOUR CHECK. McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512) 495-6000 Tax ID: 74-1196349 November 15, 2002 Billed through 09/30/02 Bill number 421000-91682-009 ERM Honorable Fred Heneke, County Judge Kerr County Commissioner's Court 700 Main Street Kerrville, TX 78028 Wastewater FOR PROFESSIONAL SERVICES RENDERED 09/03/02 Continue work on draft COK wastewater agreement. 09/04/02 Revise draft COK wastewater agreement and a-mail same to Mr. Brown, General Manager, UGRA, point of contact for Kerr County. 09/05/02 Review a-mail from Mr. Brown and comments on draft agreement with COK. 09/10/02 Finalize revised draft COK agreement and a-mail with transmittal to Mr. Brown, UGRA General Manager, Kerr County Point of Contact. Total fees for this matter $ 1,200.50 BILLING SUb~lARY TOTAL FEES $ 1,200.50 TOTAL CHARGES FOR THIS BILL $ 1,200.50 PLEASE SHOW THE BILL NUMBER ON YOUR CHECK. McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512) 495-6000 Tax ID: 74-1196349 October 29, 2002 Billed through 08/31/02 Bill number 421000-91682-006 ERM Honorable Fred Heneke, County Judge Kerr County Commissioner's Court 700 Main Street Kerrville, TX 78028 Wastewater FOR PROFESSIONAL SERVICES RENDERED 07/05/02 08/03/02 08/08/02 08/09/02 08/11/02 08/12/02 08/14/02 08/15/02 08/25/02 EXPENSES Work on City of Kerrville sewer contract. Continue work on City of Kerrville contract. Work on draft Wholesale Sewer Contract with City of Kerrville. Continue work on draft Wholesale Sewer Contract with the City of Kerrville. Continue analyses of issues related to wholesale service agreement with the City of Kerrville. Continue work on draft wastewater contract. Revise draft contract. Continue work on City of Kerrville wholesale wastewater contract. Work on wastewater contract with City of Kerrville. Total fees for this matter Telephone Total expenses for this matter BILLING SUMMARY TOTAL FEES $ 3,846.50 1.47 $ 1.47 $ 3,846.50 Honorable Fred Heneke, County Judge Bill number 421000-91682-006 ERM TOTAL EXPENSES TOTAL CHARGES FOR THIS BILL PAGE 2 $ 1.47 $ 3,847.97 PLEASE SHOW THE BILL NUMBER ON YOUR CHECK. ~ ~ ~ahnett n! iepen Kerr County Clerk 700 Main St. Suite 122 Tet. (830) 792-2255 Kerrville, TX 78028 Fax. (830) 792-2274 CERTIFIED MAIL .. February 12, 2003 - Mr. Dave Tucker GrantWorks, Inc. 1705 W Koenig Ln . Austin, TX 78756-1206 Re: TCDP -Contract Budget Modification Form. Modification No. 1 Dear Mr. Tucker: Please find enclosed an original of the referenced Form signed by Kerr County Judge, Pat Tinley. If you have any questions, please call me. Sincerely, Linda Hamilton Kerr County Clerk's Office Enclosure TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT BUDGET MODIFICATION FORM MODIFICATION NO: 1 TCDP Locality: Kerr County TCDP Contract No: CD 722441 Original Present Present Revised Program Activity Budget Budget Change Budget 1b. Sewer Facilities $168,600 $168,600 -$12,500 $156,100 17. Housing Rehab $24,200 $24,200 -0- $24,200 30. Engineering $32,200 $32,200 +$6,963 $39,163 32. Administration $25,000 $25,000 +$5,537 $30,537 $250,000 $250,000 ($12,500) $250,000 In accordance with Section 16(D) of all TCDP Contracts, Kerr County requests a transfer of funds between budget categories identified in the Budget (Exhibit B). The following conditions are satisfied: • The cumulative dollar amount of this budget modification request is not greater than five percent (5%) of the total amount of the contract as specified in Section 4(C) of the contract. • The transfer will not change the scope or objective of the project(s) funded through the TCDP contract. The transfer of funds from 1 b) Sewer Facilities to 30) Engineering is needed for additional Engineering expenses that this project has incurred. A performance statement modification will be prepared to illustrate the additional design work that precipitated the increased Engineering fees. The transfer of funds from 1 b) Sewer Facilities to 32) Administration is to cover legal expenses to prepare a service agreement between Upper Guadalupe River Authority (the entity providing the matching funds and the planned owner of the collection lines) and the City of Kerrville (the entity that operates the sewer plant) to treat the wastewater from the first-time sewer service target area. The number of beneficiaries is not expected to change. Date: ~ 3 Signe ~_ Pat Tinley, County Judge LAW OFFICES MCGINNIS, LOCHxIDGE & KILG013E, L.L.P. 1300 CAPITOL CENTER HOUSTON, TEXAS OFFICE 3200 ONE HOUSTON CENTER 1221 McKINNEY STREET HOUSTON, TEXAS 77010 (713) 615 - 8500 FAX (713 615-8585 919 CONGRESS AVENUE AUSTIN, TEXAS 78701 December 16, 2002 AUSTIN, TEXAS OFFICE (512 495 - 6000 FAX (512 495 - 6093 W RITER~S DIRECT DIAL NUM6ER: (512)495-6061 emccarthy@mcginnislaw.com Fax: (512)505-6361 Honorable Fred Henneke Kerr County Judge Ken County Commissioner's Court 700 Main Street Kerrville, Texas 78028 Re: MLK invoices for legal services rendered in connection with the Development of a Wholesale Wastewater Treatment Agreement with the City of Kerrville, Texas Dear Judge Henneke: Enclosed please find our invoices for legal services rendered in connection with the above referenced matter through November 30, 2002. I believe that the diary of services rendered reflected on each of the invoices is self-explanatory. Please let me know, however, if you have any questions. Best wishes for the Holidays. ERM McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512 495-6000 Tax ID: 74-1196349 December 12, 2002 Billed through 11/30/02 Bill number 421000-91682-011 ERM Honorable Fred Heneke, County Judge Kerr County Commissioner's Court 700 Maia Street Kerrville, TX 78028 Wastewater FOR PROFESSIONAL SERVICES RENDERED 10/15/02 Memorandum to Mr. Brown, UGRA General Manager and point of contact fro COR, regarding wastewater reuse issues impacting negotiatiosn with COK. E-mail to Mr. Brown. 10/21/02 Analyze COK email fowarded by Mr. Brown. Begin work on response. Total fees for this matter $ 490.00 BILLING SUMMARY TOTAL FEES $ 490.00 TOTAL CHARGES FOR THIS BILL $ 490.00 PLEASE SHOW THE BILL NUMBER ON YOIIR CHECK. McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512) 495-6000 Tax ID: 74-1196349 November 15, 2002 Billed through 09/30/02 Bill number 421000-91682-009 ERM Honorable Fred Heneke, County Judge Kerr County Commissioner's Court 700 Main Street Kerrville, TX 78028 Wastewater FOR PROFESSIONAL SERVICES RENDERED 09/03/02 Continue work on draft COK wastewater agreement. 09/04/02 Revise draft COK wastewater agreement and a-mail same to Mr. Brown, General Manager, IIGRA, point of contact for Kerr County. 09/05/02 Review a-mail from Mr. Brown and comments on draft agreement with COK. 09/10/02 Finalize revised draft COK agreement and a-mail with transmittal to Mr. Brows, IIGRA General Manager, Kerr County Point of Contact. Total fees for this matter $ 1,200.50 BILLING SUbIIrlARY TOTAL FEES $ 1,200.50 TOTAL CHARGES FOR TBIS BILL $ 1,200.50 PLEASE SHOW THE BILL NIIMBER ON YOIIR CHECK. McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512) 495-6000 Tax ID: 74-1196349 October 29, 2002 Billed through 08/31/02 Bill number 421000-91682-006 ERM Honorable Fred Heneke, County Judge Kerr County Commissioner's Court 700 Main Street Kerrville, TX 78028 Wastewater FOR PROFESSIONAL SERVICES RENDERED 07/05/02 08/03/02 08/08/02 08/09/02 08/11/02 08/12/02 08/14/02 08/15/02 08/25/02 EXPENSES Work on City of Kerrville sewer contract. Continue work on City of Kerrville contract. Work on draft Wholesale Sewer Contract with City of Kerrville. Continue work on draft Wholesale Sewer Contract with the City of Kerrville. Continue analyses of issues related to wholesale service agreement with the City of Kerrville. __ Continue work on draft wastewater contract. Revise draft contract. Continue work on City of Kerrville wholesale wastewater contract. Work on wastewater contract with City of Kerrville. Total fees for this matter $ 3,846.50 Telephone 1.47 Total expenses for this matter $ 1.47 BILLING SDI+Il~IARY TOTAL FEES $ 3,846.50 Honorable Fred Heneke, County Judge Bill number 421000-91682-006 ERM TOTAL EXPENSES TOTAL CHARGES FOR THIS BILL PAGE 2 $ 1.47 $ 3,847.97 PLEASE SHOW THE BILL NUMBER ON YOIIR CHECK.