PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES
PART I -AGREEMENT
THIS AGREEMENT, entered into this day of 6.. 'O , by and between the COUNTY
OF KERR, hereinafter called the "County", acting herein by COUNTY JUDGE hereunto duly authorized, and
TETRA TECH, INC. hereinafter called "Firm or Engineer", acting herein by BRAD GROVES, P.E., DIVISIONAL
VICE PRESIDENT.
WITNESSETH THAT:
WHEREAS, the County of Kerr 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. Scope of Services
Part II, Scope of Services, is hereby incorporated by reference into this Agreement.
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 ~NC 7 ,
200~~ .
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-- 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
Firm by the County and its agencies. No charge will be made to Firm for such information and the
County and its agencies will cooperate with Firm in every way possible to facilitate the performance of
the work described in the contract.
4. Compensation and Method of Payment -The maximum amount of compensation and reimbursement to
be paid hereunder shall not exceed $70,000.00. Payment to (person/firm) 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 all 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 performable in Kerr County, 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
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.
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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 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~.O~F K-E..R~R ~= ,
BY: ~' ~ ~ ~
,(~;o n y Judge)
TETRA TE
BY:
Bra oves
Vice President
NOTE: This document has important legal consequences. Please consult with your legal counsel with respect
to its completion or modification.
PART II
PROFESSIONAL ENGINEERINGIARCHITECTURAL 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 for 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.
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 Kerr 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 Kerr 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
clearance.
6. Prepare bid packet/contract documents/advertisement for bids.
7. Confirm that the 10-day call was made to confirm prevailing wage decision issued by ORCA.
8. Incorporate any and all wage rate modifications or supersedes via bid addendum (if applicable).
9. Conduct bid opening and prepare minutes.
10. Tabulate, analyze, and review bids for completeness and accuracy.
11. Confirm construction Contractor eligibility verification.
12. Conduct pre-construction conference and prepare copy of report/minutes.
13. Issue Start of Construction Notice to ORCA and Notice to Proceed to construction contractor.
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14. Provide in all proposed construction contracts deductive alternatives where feasible, so that should the
lowest responsive base bid for construction exceed the funds available, deductive alternatives 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, and contract, bid bond, performance bond, and
payment bond, which have ORCA 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 correct errors or omissions
by the Engineer; provide price analysis for change orders; process and submit change orders to ORCA
for approval prior to execution by Kerr 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 correlated 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% retain age is withheld from all payments on construction contracts until final
acceptance by the Kerr County and approval by ORCA, unless State or local law provides otherwise.
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 Kerr County with a
set of "as built" plans.
SUBCONTRACTS
1. Engineer shall subcontract no work under this Contract 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
subcontractors 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 Kerr County will notify the Engineer who shall take reasonable and
immediate steps to satisfactorily cure the problem, substitute performance, 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 Kerr County.
4. The Engineer will include in all contracts and subcontracts of amounts in excess of $100,000 a provision
which requires compliance with 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 included on the EPA
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List of Violating Facilities. The provisions shall require reporting of violations to ORCA 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 contracts and subcontracts a provision which indicates that
funds will not be awarded under this contract to any party which is debarred, suspended, or otherwise
excluded 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 subcontractor
under this contract and its principals.
2. The Engineer will include in all negotiated contracts and subcontracts a provision to the effect that the
Kerr County, ORCA, 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 Contractor
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 contracts 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 performed 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 Contract.
2. The Engineer represents that services provided under this Contract shall be performed 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 contract 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
Kerr 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 judicial remedies available to the Kerr County under applicable
state or federal law.
4. The Engineer agrees to and shall hold harmless the Kerr 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 Contract.
NOTE: This document has important legal consequences. Please consult with your legal counsel with respect
to its completion or modification.
PART III
PAYMENT SCHEDULE
PROFESSIONAL ENGINEERING/ARCHITECTURAL SERVICES
City/County shall reimburse Tetra Tech, 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%
NOTE: Percentages of payment listed here are general guidelines based on engineering services typically
provided. These are negotiable, and should serve only as a guide. Payment schedule should be tied directly tc
the actual Scope of Work identified in Part II -Engineering/Architectural Scope of Services.
SPECIAL SERVICES
Special Services shall be reimbursed under the following hourly rate schedule:
(List all applicable services to include overhead charge).
Registered Surveyor
Survey Crew (3 members)
Project Engineer
Engineering Technician
Project Representative
CAD Operator
$ 100.00
$ 258.00
$	125.00
$	96.00 (CAD)
$	180.00
$	96.00
The fee for all other Special Services shall not exceed a total of Dollars
($ ). 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 Dollars ($ ).
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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 (15%) overhead
charge. All fees for testing shall not exceed a total of Five Thousand and No/100 Dollars
($5,000.00).
3. The payment requests shall be prepared 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.
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 Contract, the City/County shall thereupon have the right to terminate
this Contract by giving written notice to the Firm 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 Firm 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 Firm, and the City/County
may withhold any payments to the Firm for the purpose of set-off until such time as the exact amount of
damages due the City/County from the Firm 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 Firm 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 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 performed hereunder. Such changes, including any increase or decrease in the amount of
the Firm'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
performing 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 perform such services.
c. None of the work or services covered by this Contract shall be subcontracted without the prior
written approval of the City/County. Any work or services subcontracted hereunder shall be
specified by written contract or agreement and shall be subject to each provision of this Contract.
5. Assignability. The Firm shall not assign any interest on this Contract, and shall not transfer any interest
in the same (whether by assignment or notation), 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 incurred in connection
therewith, and any other matters covered by this Contract.
7. 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 Contract. 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 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.
8. Findings Confidential. All of the reports, information, 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. 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 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 performance of this Contract, the Firm agrees as follows:
a. The Firm 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 Firm 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 contracts or subcontracts for standard commercial supplies or
raw materials.
The Firm will include the provisions a. through c. in every subcontract or purchase order unless
exempted.
12. 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 of, or be
subjected to discrimination 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 excluded
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 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
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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 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 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 form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the contractor's 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.
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
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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.
f. 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, including action for non-compliance.
16. Interest of Members of a Ci /County. No member of the governing body of the Ciry/County and no other
officer, employee, or agent of the City/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 Firm shall take appropriate steps to assure compliance.
17. Interest of Other Local Public Officials. No member of the governing body of the Kerr County and no
other public official of such Kerr 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 Firm shall take appropriate steps to assure compliance.
18. Interest of Firm and Employees. 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 performance of this Contract, no person having any such interest shall be
employed.
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