ORDER N0.29632
AUTHORIZE REQUEST FOR PROPOSALS/QUALIFICATIONS
PROCESS FOR CONSULTANTS AND REGISTERED ENGINEERS TO
PROVIDE BASIC AND SPECIAL ENGINEERING SERVICES FOR
CENTER POINT WASTEWATER FACILITIES PROJECT
Came to be heard this the 10th day of April, 2006, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the Request for Proposals/Qualifications process for Consultants
and Registered Engineers to provide basic and special engineering services
for the Center Point Wastewater Facilities Project, in accordance with the
materials furnished.
~ °1 10 3 ~
l-~b
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: April 1 Q 2006 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action to
authorize Request for ProposalslQualifications process for Consultants and Registered
Engineers to provide basic and special engineering services for the Center Point
Wastewater Facilities Project.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams.
ESTIMATED LENGTH OF PRESENTATION: 2 minutes.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to asswe that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Govermnent 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 prepazed for the Court's formal consideration and action at time of Court
meetings. Yow cooperation is appreciated and contributes towazd your request being addressed
at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Agenda Item Backup Statement
To procure consulting/engineering services for the Center Point Wastewater
Project, satisfying TWDB guidelines, we must advertise for Requests for Qualifications
for Consulting/Engineering services. GrantWorks of Austin, the firm that manages the
Administrative functions for our current wastewater project, has offered to handle these
functions for Kerr County, pro bono.
Planning, Housing, and
community lxwtopmenr Services
for Rural Texas Since 1979
To: Commissioner Williams Date: March 9"', 2006
Group: Kerr County
2201 Northland
Austin, Texas 78756
TRANSMITTAL COVER
T (512) 420-0303
F (512) 420-0302
dave@grantworks.net
Subject: Professional Services Procurement Information- Administration and
Engineering Services (as required) -Model for TCDP oroiects
Remarks:
Fax:
792-2218
The attached documents are for the procedures to begin the request for arooosals
(RFP) process for Administrative services and a Request for Qualifications (RFQ) for
Engineering services for your (Whatever type of Project). Following this coverletter,
please find:
• RFP/RFQ notice for professional Administration Services and Engineering
Services
• RFP/RFQ Information Sheets for each Service
• Sample RFP letters sent to at least five (5) TCDP Administration Service
providers and sample RFO letters sent to five (5) Engineering Service providers
• Scoresheets and information sheets for Administration and Engineering
proposals.
The RFP/RFQ notice should run on (DATE) 2006 in the local paper and RFP/RFQ e-
mails (templates also attached) will be sent out that day as well.
Proposals will be submitted to your office at least Ten Calendar Days after the ad runs
locally by (say) 4 PM. Ten days is the minimum time. Example: Ad run date: 3/10/06.
Proposals due: 3/20/06, or to be safe, 3122/06 (12 days).
Once you receive the proposals, establish a committee (often the Court itself) to
review, score and rank the proposals based on the scoresheets and scoring
instructions attached.
Please contact me to go over this. I will be out tomorrow and Monday, but back
Tuesday, 3/14.
Dave Tucker
Director of Community Development
GrantWorks, Inc.
To: Classified/Legals Department
From: GrantWorks
Alison Lear (512-420-0303)
REQUEST FOR PROPOSALS AND QUALIFICATIONS
Kerr County has received a Regional Water Supply and Wastewater Facilities Planning
Program Grant from the Texas Water Development Board. We are separately soliciting
proposals and qualifications from (A) consultants for project administration and (B) Texas-
registered engineers to provide basic and special engineering services. Separate
proposals and qualifications for these services accepted until 4:00 PM on (XXX days after
this notice runs) 2006 at the Office of the County Judge, at 700 Main, Kerrville, TX 78028.
The same firm cannot be awarded contracts to provide both services. We reserve the
rights to negotiate with all firms submitting proposals and qualifications per the Texas
Professional Services Procurement Act and UGCMS, and to reject any or all submittals.
Additional RFP submission requirements for each service are available by calling (830)
792-2211. Affirmative Action/EOE.
PRINT IN CLASSIFIED/LEGAL5 AS A STANDARD NOTICE (NOT DISPLAY)
News a er	Kerrville Dail Times
Phone	830 896-7777
Fax	830 896-1150
Run Date	
Billing to	Kerr Coun
Send 3
tearsheets to	Commissioner Bill Williams
700 Main Street
Kerrville, TX 78028
Questions call	512 420-0303
Due at Paper	11 AM da rior to ub., 2 PM Fri for Monda
Date Faxed to Pa r	
Recei t Confirmed b	
Date Confirmed	
INFORMATION SHEET
REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES
Kerr County is seeking qualifications for professional services with aState-registered engineer for
grants awarded under the Regional Water Supply and Wastewater Faallties Planning Program
from the Texas Water Development Board. Contracts will be awarded contingent upon receipt of a
grant award.
SCOPE OF WORK: The engineering contract will encompass all project related engineering
services, including but not limited to the following:
Phase I
Consultant will conduct a preliminary engineering design study/analysis of a proposed wastewater
collection and treatment project within the designated project area in the unincorporated area
known as Center Point, Kerr County in accordance with the area delineated on a map incuded in
the Kerr County Application to the Texas Water Development Board (TWDB) dated December 15,
2005. The study must be in suffiaent detail to produce a final report that can be used to secure
funding for the implementation of the project. Or should the study determine that the project is not
financially feasible, so justify that position.
The following should be included in the final report: Conduct public meetings in association with
Kerr County including but not limited to conduct public meetings with other participants in the
project, consultants, local entities, Texas Commission on Environmental Quality (TCEQ), Texas
Water Development Board (TWDB) and any interested party at the commencement of the project
to discuss the Scope of Work. Additional meetings should be held at the 50% completion
milestone of the study and following the study's completion, but prior to the submission of the final
draft to the TWDB for review and comments.
Also consultant must specify, as much as possible, how the growth rate for the project area will be
ident~ed as well as wastewater flow projections of TWDB population projections are not
considered. Wastewater needs should be projected for 25 years beyond final report date.
Copies of the application to the TWDB and other material associated with this project can be at the
Kerr County Judge's Office, Kerr County Courthouse, 700 Main Street, Kerrville, Texas 78028.
Phase II
Consultant will evaluate two (2) treatment options: 1) pump wastewater flows to the City of
Kerrville's wastewater collection system at a point of interception to be developed between the City
of Kerrville and Kerr County; or, 2) gravity flow wastewater to a point of interception with the
Kendall County WC&ID's wastewater collection system in or near the unincorporated area of
Comfort, Texas. Transmission to the Kendall County WC&ID system promotes the regional system
concept and may qualify for TWDB participation in the cost of the transmission line. Pumping back
to Kerrville may not qualify as a regional system.
Consultant will determine the cost of the treatment based on the two (2) scenarios stated above
including but not necessary limited to costs associated with the actual treatment process,
treatment provider's fees incuding tap, hook-up, capltal recovery, impact and other fees
associated with the respective treatment providers service to the project. Complete charges
including fees and other associated costs will be considered in determining the unit cost (based on
1,000 gallons treated) or proposed rate to be passed on to the project user.
Consultant will consider future developments within the study area as well as other potential
developments along both treatment transmission routes to the treatment facility.
Phase III
Consultant shall evaluate the possibility and cost benefd for TWDB's participation in the outtall or
transmission line between the project area and the treatment facility, and address the participation
with TWDB staff to determine eligibility. TWDB's participation in the cost of construction of the line
should be evaluated in order to determine the benefit to the ratepayer based on the 1,000 gallon
treated.
Phase IV
Consultant shall produce a final report including the preliminary engineering design of the
collection and transportation system, the two treatment options, unit costs to the rate payer
including each of the two treatment scenarios and including text, maps, other graphics and the
Engineer's Opinion of cost to construct, maintain and operate the project to the rate payer based
on 1,000 gallons water consumed applied to wastewater flows based on the standard acceptable
percentage of total water consumed released into the wastewater system for treatment.
Special Notes:
1. Application to TWDB for funding available for review at the Kerr County Judge's Office
during normal business hours.
2. Section II Standard Agreement between TWDB and Kerr County attached for your
review. Consultant should review the document and be familiar with the contractual
requirements between TWDB and Kerc County and ultimately the responsibility of the
Consultant to assist Kerr County in meeting those requirements.
3. Reports:
a. Draft Final Report; Seven double sided copied will be submitted to TWDB through
Kerr County for review and comment. TWDB's comments and/or
recommendations are to be considered in the Final Report.
b. Final Report: Nine copies double sided copies and one electronic copy (pdf format)
as well as any computer programs or models developed under the contract
between Kerr County and Consutant will be submitted to TWDB through Kerr
County
c. All spatial date and maps should en ArcGIS format where applicable
4. Proposal should include Consultant's approach to the development of the project work
product and timelines/milestones for the completion of the project.
PROJECT DESCRIPTION: Develop a preliminary engineering design study and final report for the
financing and construction of a wastewater collection system within a designated planning area
generally known as Center Point Texas, an unincoprorated area in Southest Kerc County, and a
transmission system to carry the wastewater flows to either the City of Kerrville or the Kendall
County WC&ID for treatment. The final report must reflect the cost per unit measure to the
potential users/ratepayers within the proposed planning area. PLEASE NOTE: The budget for
engineering services for this project is $121,760.00
STATEMENT OF QUALIFICATIONS: We are seeking to contract with a competent engineering
firm, registered to practice in the State of Texas, that has had experience in the following areas:
a) Municipal utility systems
b) Texas Water Development and other governmental funded construction projects
c) Project(s) located in Kerr County and this general region of the state
Please provide within your qualification a list of past Gient local governments, as well as resumes
of all employees who will or may be assigned to provide assistance for this project if your firm is
awarded a engineering services contract.
EVALUATION CRITERIA: The firm who is deemed the most qual~ed shall be recommended to
be awarded the contract. This is subject to the firm meeting the reasonable, responsive and
responsible tests according to federal procurement procedures.
The qualifications received will be evaluated and ranked according to the following criteria:
Criteria
Experience
Work Performance
Experience and
Knowledge of Local area
Capacity to Perform
SmalUMinority Business
Total
Maximum Points
40
25
20
5
90
DEADLINE FOR SUBMISSION: Interested parties shall submit eight (8) copies of their qualification for
these activities to the County Judge's Office at 700 Main, Kerrville, Texas 78028, no later than 4 PM on
(DATE AT LEAST TEN DAYS AFTER AD RUNS), 2006.
SELECTION OF CONSULTANTS: We shall review all material submitted, and if required
schedule interviews wfth prospective engineers in order to select the most qual~ed.
We are an Affirmative Action/Equal Opportunity Employer and reserve the right to reject any and
all quaycations and to waive formalities in its selection.
INSTRUCTIONS FOR RATING SERVICE PROVIDER PROPOSALS
Engineering consultant services
1. In rating proposals for engineering/architectural services, the following factors should
be weighed when considering experience:
^ What is the extent of experience the firm has had designing the type of
improvements being proposed (wastewater systems)?
^ What is the extent of experience the firm has had with construction
management?
^ What is the extent of experience the firm has had with Federally and State funded
construction projects?
^ What is the extent of experience with TWDB projects?
^ Has the firm worked on projects that were located in this general region?
^ What is the extent of experience the firm and/or its consultant has had locally?
2. The following factors should be weighed when considering knowledge of local area
• Has firm ever worked in Kerr or Surrounding Counties
• Has firm ever worked for the County of Kerr
3. The following factors should be weighed when considering work Derformance (if
necessary, the reviewer may wish to contact the firm's past or current clients):
• Were past projects completed in a satisfactory manner, i.e. on time and within
budget?
• Is the firm's work product consistently of a high quality with a low level of errors?
• Has the firm responded to concerns or requests for actions in a timely manner?
4. The folkrvving factors should be weighed when considering capacity to oerfonn:
What is the staffing level and experience of the staff?
Does the firm have an adequate level of resources to complete the various tasks
associated with the project?
Does the firm have professional liability insurance in force?
5. The following factors should be weighed when considering smalllminority or woman
owned business:
Is the firm a small business, minority-owned or women-owned business?
Does the firm's proposal indicate that it will subcontract with a firm or firms that
are small, minority- or woman-owed businesses?
Section II, Page 1 of 7
2005-06 ENGINEERING PROPOSALS SUMMARY INFORMATION
Locality:
Local Scorer:
Firm:
Location:
KERR COUNTY
Project Manager:
Experience (possible 40 points) L.~ Points
TWDB Projects:
Other Federal Projects:
Locally:
Similar Work:
Work Performance (possible 25 points)
Capacity to Perform and Knowledge of Local Area
(possible 20 points)
SmalliMinority-or Womanowned Business (possible 5 points)
Total points (maximum of 90 points possible):
Other comments:
~~ Points
Points
Points
Points
Section II, Page 2 of 7
ATTACHMENT To Request For Qualifications:
SECTION II, STANDARD AGREEMENT
ARTICLE L RECTTALS
Whereas, the CONTRACTOR (S) applied to the BOARD, Austin, Texas for a planning grant to develop a
REGIONAL FACILITY PLAN;
Whereas, the CONTRACTOR (S) and PARTICIPANT (S) will commit cash and/or in-kind services to
pay for the local shaze of this planning project;
Whereas, the CONTRACTOR (S) is the entity who will act as administrator of the BOARD's planning
grant and will be responsible for the execution of this contract;
Whereas, on the BOARD APPROVAL DATE, the BOARD approved the CONTRACTOR (S)'s
application for financial assistance;
Now, therefore, the BOARD and the CONTRACTOR (S), agree as follows:
ARTICLE 17, PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED
1. Services and activities provided under this CONTRACT shall be in strict accordance with
requirements of the Texas Water Code, Chapter 15; associated rules of the Texas Administrative
Code, Chapter 355, Sections 355.1-355.11, Subchapter A; Exhibit A, the original grant
application, which is incorporated herein and made a permanent part of this CONTRACT; and
this CONTRACT.
2. The CONTRACTOR (S) will prepaze a REGIONAL FACILITY PLAN for the PLANNING
AREA, as delineated and described in Exhibit A, according to the Scope of Work contained in
Exhibit B. The CONTRACTOR (S) will consider BOARD population and water use projections,
and if not used in the REGIONAL FACILITY PLAN, provide an explanation of why not used.
Where applicable, the CONTRACTOR (S) will develop water conservation plans according to
Texas Administrative Code, Chapters 363.15, 363.71, 375.37, and 375.101.
3. The CONTRACTOR (S) will establish formal, direct, and continuous liaisons with all cities,
counties, councils of governments, river authorities, regional water planning groups designated
under Texas Water Code 16.053 and 31 Texas Administrative Code 357.4, and all applicable state
agencies, federal agencies, and other governmental entities in the PLANNING AREA, and all
entities providing water and/or wastewater service in the PLANNING AREA for the purpose of
coordinating the scope of work and REGIONAL FACILITY PLAN with all existing studies,
plans, or activities for the purpose of providing information and obtaining available data for the
development of the REGIONAL FACILITY PLAN.
Section II, Page 3 of 7
4. The CONTRACTOR (S) will coordinate the REGIONAL FACILITY PLAN with the existing
plans and policies of the entities listed above, the Texas Commission on Environmental Quality
(1'CEQ), and any other affected entities.
5. The CONTRACTOR (S) will hold public meetings with the PARTICIPANTS, consultants, local
entities, the TCEQ, the BOARD, and any interested parties at the commencement of the project, at
50% completion, following the STUDY COMPLETION DATE but before the FINAL REPORT
DEADLINE, and when deemed necessary by either the BOARD or the CONTRACTOR (S) to
discuss the status of the REGIONAL FACILITY PLAN. The public meeting shall be held in
accordance with the Texas Open Meetings Act. The CONTRACTOR (S) will solicit input and
comments from the affected public on the draft final report and consider such input and comments
for incorporation in the final report.
ARTICLE III. SCHEDULE, REPORTS, AND OTHER PRODUCTS
The CONTRACTOR (S) has until the DEADLINE FOR CONTRACT EXECUTION to execute
this CONTRACT and to provide acceptable evidence of REQUIRED IN'1 ERLOCAL
AGREEMENTS and the CONTRACTOR (S) ability to provide the LOCAL SHARE OF THE
TOTAL STUDY COSTS to the EXECUTIVE ADMINISTRATOR for approvai or the BOARD'S
SHARE OF THE TOTAL STUDY COSTS will be rescinded.
2. The term of this CONTRACT shall begin and the CONTRACTOR (S) shall begin performing its
obligations hereunder on the CONTRACT INI'T'IATION DATE and shall expire on the FINAL
REPORT DEADLINE. Delivery of an acceptable final report prior to the FINAL REPORT
DEADLINE shall constitute completion of the terms of this CONTRACT.
3. The CONTRACTOR (S) will complete the Scope of Wark and will deliver seven (7) double-
sided copies of a draft final report to the EXECUTIVE ADMINISTRATOR no later than the
STUDY COMPLETION DATE. The draft final report will include the methodology and findings
of the study, including alternatives considered, cost estimates, recommended alternatives, an
implementation plan and schedule, recommended entities to implement the recommended
alternatives, appropriate financing mechanisms, and other pertinent information. The draft and
final reports should be organized in the same order as the Scope of Work. Each task should be
easily identifiable in the draft and final report. After a 30-day review period, the EXECUTIVE
ADMINISTRATOR will return review comments to the CONTRACTOR (S).
4. The CONTRACTOR(S) will consider incorporating comments from the EXECUTIVE
ADMINISTRATOR and other commentors on the draft final report into a final report. The
CONTRACTOR(S) will include a copy of the EXECUTIVE ADMTNIlSTRATOR's comments in
the final report. The CONTRACTOR(S) will submit one (1) electronic copy of the entire FINAL
REPORT in Portable Document Format (PDF), one (1) unbound camera ready original, and nine
(9) bound double-sided copies of the final report to the EXECUTIVE ADMINIS'T'RATOR no
later than the FINAL REPORT DEADLINE. The CONTRACT(S) will submit one (1) electronic
copy of any computer programs or models and an operations manual developed under the terms
of this CONTRACT. After a 30-day review period, the EXECUTIVE ADMINISTRATOR will
either accept or reject the final report. If the final report is rejected, the rejection letter sent to the
CONTRACTOR(S) shall state the reasons for rejection and the steps the CONTRACTOR(S) need
to take to have the final report accepted and the retainage released.
Section It, Page 4 of 7
5. The CONTRACTOR (S) will submit progress reports with submittal of vouchers according to the
VOUCHER SUBMISSION SCHEDULE. Progress reports shall be in written form and shall
include a brief statement of the overall progress made since the last status report; a brief
description of any problems that have been encountered during the previous reporting period that
will affect the study, delay the timely completion of any portion of this CONTRACT, inhibit the
completion of or cause a change in any of the study's products or objectives; and a description of
any action the CONTRACTOR (S) plans to take to correct any problems that have been
encountered.
6. The EXECUTIVE ADMINISTRATOR can extend the COMPLETION DATE and the FINAL
REPORT DEADLINE upon written approval. The CONTRACTOR (S) should submit a written
request to the EXECUTIVE ADMINISTRATOR at least thirty (30) working days prior to the
COMPLETION DATE or thirty (30) days prior to the FINAL REPORT DEADLINE for an
extension to the respective dates and explanation of why the deadlines have not been met.
ARTICLE IV. COMPENSATION, REIMBURSEMENT AND REPAYMENT
The BOARD agrees to compensate and reimburse the CONTRACTOR (S) in a total amount not
to exceed the BOARD'S SHARE OF THE TOTAL STUDY COSTS for costs incurred and paid
by the CONTRACTOR (S) pursuant to performance of this CONTRACT. The CONTRACTOR
(S) will contribute local matching funds in sources and amounts defined as the LOCAL SHARE
OF THE TOTAL STUDY COSTS. The BOARD shall reimburse the CONTRACTOR (S) for
ninety percent (90%) of the BOARD's share of each invoice pending the CONTRACTOR (S)'s
performance, completion of a Final Report, and written acceptance of said Final Report by the
EXECU'T'IVE ADMINISTRATOR, at which time the BOARD shall pay the retained ten percent
(]0%) to the CONTRACTOR (S).
2. The CONTRACTOR (S) shall submit vouchers and documentation for reimbursement billing
according to the VOUCHER SUBMISSION SCHEDULE and in accordance with the approved
task and expense budgets contained in Exhibit C to this CONTRACT. At time discretion of the
EXECUTIVE ADMINISTRATOR and upon written memorandum to the contract file, the
CONTRACTOR (S) has budget flexibility within task and expense budget categories to the extent
that the resulting change in amount in any one task or expense category does not exceed 35°l0 of
the total amount authorized by this CONTRACT for the task or category to be changed. Larger
deviations shall require a formal corract amendment. For all reimbursement billings including
any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have provided written
approval of REQUIRED INTERLOCAL AGREEMENT (S) and contracts or agreements between
the CONTRACTOR (S) and the subcontractor. Time CONTRACTOR (S) is fully responsible for
paying all charges by subcontractors prior to reimbursement by the BOARD.
3. The CONTRACTOR (S) and its subcontractors shall maintain satisfactory financial accounting
documents and records, including copies of invoices and receipts, and shall make them available
for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the
CONTRACTOR (S) and its subcontractors shall be in a manner consistent with generally accepted
accounting principles.
4. By executing this Contract, the CONTRACTOR accepts the authority of the State Auditor's
Office, under direction of the legislative audit committee, to conduct audits and investigations in
connection with any and all state funds received pursuant to this contract. The CONTRACTOR
shall comply with and cooperate in any such investigation or audit. The CONTRACTOR agrees to
Section II, Page 5 of 7
provide the State Auditor with access to any information the State Auditor considers relevant to
the investigation or audit. The CONTRACTOR also agrees to include a provision in any
subcontract related to this contract that requires the subcontractor to submit to audits and
investigation by the State Auditor's Of2'ice in connection with any and all state funds received
pursuant to the subcontract.
S, A progress report and the following documentation which documents the TOTAL STUDY
COSTS for reimbursement by the BOARD to the CONTRACTOR (S) for the BOARD'S SHARE
OF THE TOTAL STUDY COSTS shall be submitted by the CONTRACTOR (S) to the
EXECUTIVE ADMINISTRATOR for reimbursement billing:
A. Summary of total expenses incurred including the following information:
(1) CON'I'RACTOR'sVendorldentificationNutnber;
(2) TWDB CONTRACT Number;
(3) Total expenses for the billing period; beginning (date) to ending (date);
(4) Total In-kind services;
(5) Total Services for this period;
(6) Less Local Share of the total study costs for the billing period;
(7) Total BOARD's shaze of the total study costs for the billing period;
(8) Amount of retainage to be withheld for the billing period;
(9) Total costs to be reimbursed by the BOARD for the billing period; and
(10) Certification, signed by the CONTRACTOR(S) authorized representative, that the
expenses submitted for the billing period are a true and correct representation of amounts
paid for work performed directly related to this contract.
B. For duect expenses incurred by the CONTRACTOR(S) -- documentation showing the
tasks that were performed; the percent and cost of each task completed; a total cost figure
for each direct expense category including labor, fringe, overhead, travel, communication
and postage, technical and computer services, expendable supplies, printing and
reproduction; and
C. For duect expenses incurred by the CONTRACTOR(S) for outside consulting services --
copies of invoices to the CONTRACTOR(S) showing the tasks that were perforred; the
percent and cost of each task completed; a total cost figure for each direct expense
category including labor, fringe, overhead, travel, communication and postage, technical
and computer services, expendable supplies, printing and reproduction; and the total
dollaz amount due to the consultant; and
D. For travel and subsistence expenses, including such expenses for subcontractors -
(1) names, dates, work locations, time periods at work locations, itemization of
subsistence expenses of each employee, limited, however, to travel expenses
authorized for state employees by the General Appropriations Aet, Tex. Leg. Regulaz
Session, 2005, Article IX, Part 5, as amended or superseded;
(2) other transportation costs -- copies of invoices covering tickets for transportation or,
if not available, names, dates, and points of travel of individuals; and
(3) all other reimbursable expenses -- invoices or purchase vouchers showing reason for
expense with receipts to evidence the amount incurred.
Section II, Page 6 of 7
5. If the project is not constructed, CONTRACTOR agrees to pay back to the Boazd the specified
percentages of the regional planning grant in accordance with the provisions of §355.10 (f-i) of
the Board rules, Exhibit D, unless the regional plan determines that a regional project is not
feasible and is not recommended in the regional facility grant planning report.
ARTICLE V. OWNERSHIP, PUBLICATION, AND SUBCONTRACTING
1. The BOARD shall have unlimited rights to technical or other data resulting directly from the
performance of services under this CONTRACT. It is agreed that all reports, drafts of reports, or
other material, data, drawings, computer programs and codes associated with this CONTRACT
and developed by the CONTRACTOR(S) or its subcontractors pursuant to this CONTRACT shall
become the joint property of the CONTRACTOR(S) and the BOARD. These materials shall not
be copyrighted or patented by the CONTRACTOR (S) or by any consultants involved in this
CONTRACT unless the EXECUTIVE ADMINISTRATOR approves in writing the right to
establish copyright or patent; provided, however, that copyrighting or patenting by the
CON'T'RACTOR (S) or its subcontractors will in no way limit the BOARD's access to or right tc
request and receive or distribute data and information obtained or developed pursuant to this
CONTRACT. Any material subject to a BOARD copyright and produced by the
CONTRACTOR (S) or BOARD pursuant to this CONTRACT may be printed by the
CONTRACTOR (S) or the BOARD at their own cost and distributed by either at their discretion.
The CONTRACTOR (S) may otherwise utilize such material provided under this CONTRACT as
it deems necessary and appropriate, including the right to publish and distribute the materials or
any parts thereof under its own name, provided that any BOARD copyright is appropriately noted
on the printed materials.
2. The CONTRACTOR (S) agrees to acknowledge the BOARD in any news releases or other
publications relating to the work performed under this CON"T"RACT.
3. No work herein called for by the CONTRACTOR (S) shall be reimbursed for expenses by the
BOARD to the CONTRACTOR (S) without prior written approval by the EXECUTIVE
ADMINISTRATOR of the contract or agreement between the CON'T'RACTOR (S) and its
subcontractor. Each subcontract or agreement shall include a detailed budget estimate with
specific cost details for each task or specific item of work to be performed by the subcontractor
and for each category of reimbursable expenses. The subcontracts shall conform to the terms of
the CONTRACT and include provisions that require subcontractor compliance with BOARD
rules. The CONTRACTOR (S) must also adhere to all requirements in state law pertaining to the
procurement of professional services.
ARTICLE VL AMENDMENT, TERMINATION, AND STOP ORDERS
This CON'T'RACT may be altered or amended by mutual written consent or temrinated by the
EXECUTIVE ADMINISTRATOR at any time by written notice to the CONTRACTOR (S).
Upon receipt of such termination notice, the CONTRACTOR (S) shall, unless the notice directs
otherwise, immediately discontinue all work in connection with the performance of this
CONTRACT and shall proceed to cancel promptly all existing orders insofaz as such orders are
chargeable to this CON'T'RACT. The CONTRACTOR (S) shall submit a statement showing in
detail the work perfomred under this CONTRACT to the date of termination. The BOARD shall
then pay the CON'T'RACTOR (S) promptly that proportion of the prescribed fee, which applies to
the work, actually performed under this CONTRACT, less all payments that have been previously
Section n, Page 7 of 7
made. Thereupon, copies of all work accomplished under this CONTRACT shall be delivered to
the BOARD.
2. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the CONTRACTOR (S)
at any time. Upon receipt of such order, the CONTRACTOR (S) shall discontinue all work under
this CONTRACT and cancel all orders pursuant to this CONTRACT, unless the order directs
otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60
days after receipt by the CONTRACTOR (S) of the Stop Work Order, the CONTRACTOR (S)
shall regard this CONTRACT terminated in accordance with the foregoing provisions.
ARTICLE VII. NO DEBT AGAINST THE STATE
Tlris CONTRACT and Agreement shall not be construed as creating any debt by or on behalf of
the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the
availability of funds. To the extent the performance of this CONTRACT transcends the biennium
in which this CONTRACT is entered into, this CONTRACT is specifically contingent upon the
continued authority of the BOARD and appropriations therefor.
ARTICLE VIII. LICENSES, PERMIT, AND INSURANCE
For the purpose of this CONTRACT, the CONTRACTOR (S) will be considered an independent
contractor and therefore solely responsible for liability resulting from negligent acts or omissions.
The CONTRACTOR (S) shall obtain all necessary insurance, in the judgement of the
CONTRACTOR (S), to protect themselves, the BOARD, and employees and officials of the
BOARD from liability arising out of this CONTRACT. The CONTRACTOR (S) shall indemnify
and hold the BOARD and the State of Texas harmless, to the extent the CONTRACTOR (S) may
do so in accordance with state law, from any and all loses, damages, liability, or claims therefore,
on account of personal injury, death, or property damage of any nature whatsoever caused by the
CONTRACTOR (S), arising out of the activities under this CONTRACT.
2. The CONTRACTOR (S) shall be solely and entirely responsible for procuring all appropriate
licenses and permits, which may be required by any competent authority for the CONTRACTOR
(S) to perform the subject work.
ARTICLE IX. SEVERANCE PROVISION
Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or for
any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable
from the remainder of this CONTRACT and shall not affect the validity of all other provisions of
this CONTRACT which shall remain of full force and effect.
Section II, Page 8 of'7
ARTICLE R. CORRESPONDENCE
All correspondence between the parties shall be made to the following addresses:
For the BOARD:
Mr. J. Kevin Wazd
Executive Administrator
Texas Water Development Boazd
P.O. Box 13231, Capitol Station
Austin, Texas 78711-3231
Attention: Contract Administration Division
For the CONTRACTOR(S):
Mr. Pat Tinley
Kerr County Judge
500 Main Street
Kerr County Courthouse
Kerrville, TX 78028
Section II, Page 9 of 7