ORDER NO. 30899
TETRA TECH CONTRACT FOR PHASE IV
KERRVILLE SOUTH PROJECT
Came to be heard this the 23`d day of June, 2008 with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to approve the contract with Tetra Tech for the Phase IV of the Kerrville
South project, subject to the approval of the County Attorney, and authorize the County
Judge to sign.
3d~~g
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Bill Williams, Pct. 2
MEETING DATE: June 23, 2008
OFFICE: County Commissioners
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the TetraTech contract for
the Phase IV of the Kerrville South project subject to approve of the County Attorney, and allow
County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Williams
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance
with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
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 will be appreciated and contribute towards your request being addressed at the earliest
opportunity. See Agenda Request Rules Adopted by Commissioners' Court.
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I }
PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES
PART I -AGREEMENT
THIS AGREEMENT, entered into this day of 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.
PROJECT DESCRIPTION: Install 3,000 linear feet of 8" sewer lines, 12 manholes and ring encasements, 41
connections to property lines and decommission 34 septic tanks. Construction will take place in the Kerrville
South/Ranchero Road Colonia along Ranchero Road from SH 16 to Ripplewood, along South Trace from Lydick
to Rancho Oaks, along Rancho Oaks from Ranchero Road to South Trace, along Lydick from Ranchero Road to
South Trace, and along Quail Valley from the South end cul-de-sac to 300 feet North.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scooe of Services
Part II, Scope of Services, is hereby incorporated by reference into this Agreement.
2. 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 May 31, 2010.
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 compensation and reimbursement to be paid is a lump
sum fee of $100,800.00. Payment to (person/firm) shall be based on the terms included 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 inure 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, if 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.
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 OF KERR
BY:
(County Judge)
TETRA TECH, IN
Bra oves
Divisional Vice President
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PART II
PROFESSIONAL ENGINEERING/ARCHITECTURAL 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 Kerr County regarding the requirements of the project.
2. 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 Kerr County
providing or obtaining other services such as auger borings, core borings, soil tests, or other subsurface
explorations; laboratory testing and inspecting of samples or materials; other special consultations. The
Engineer will review any tests required and act as Kerr County's representative in connection with any
such services.
3. Determine necessity for any acquisition of any additional real property/easements/Right-of-Way (ROW)
for the Texas Community Development Program (TCDP) project and, if applicable, furnish to Kerr
County under Part III as special services:
• Name and address of property owners;
• Legal description of parcels to be acquired;
• Map showing entire tract with designation of part to be acquired.
4. Prepare railroad/highway permits.
5. 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 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.
6. Furnish Kerr County 10 copies of the preliminary report, if applicable (additional copies will be furnished
to Kerr County at direct cost of reproduction);
7. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and obtain
clearance.
8. Prepare bid packet/contract documents/advertisement for bids.
9. Confirm that the 10-day call was made to confirm prevailing wage decision issued by ORCA.
10. Incorporate any and all wage rate modifications or supersedes via bid addendum (if applicable).
11. Conduct bid opening and prepare minutes.
12. Tabulate, analyze, and review bids for completeness and accuracy.
13. Confirm construction Contractor eligibility verification.
14. Conduct pre-construction conference and prepare copy of report/minutes.
15. Issue Start of Construction Notice to ORCA and Notice to Proceed to construction contractor.
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16. 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.
17. Design for access by persons with disabilities to facilities to be used by the public in accordance with
Public Law 504.
18. Use forms for instructions to bidders, general conditions, and contract, bid bond, performance bond, and
payment bond, which have ORCA approval.
19. 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.
20. Consult with and advise Kerr County during construction; issue to contractors all instructions requested
by Kerr County; and prepare routine change orders if required, at no charge for engineering services to
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.
21. 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).
22. 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 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.
23. Require that a 10% retainage is withheld from all payments on construction contracts until final
acceptance by Kerr County and approval by ORCA, unless State or local law provides otherwise.
24. Prepare Certificate of Construction Completion and Clean Lien Certificate.
25. Conduct interim/final inspections.
26. Revise contract drawings to show the work as actually constructed, and furnish 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 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, Kerr County determines that any subcontractor is incompetent or
undesirable, 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
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 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
8. 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.
9. The Engineer will include in all negotiated contracts and subcontracts a provision to the effect that 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.
10. The Engineer will include in all contracts and subcontracts a requirement that the Contractor maintain all
relevant project records for three (3) years after 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 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. 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 Kerr County under applicable state or
federal law.
4. The Engineer agrees to and shall hold harmless 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.
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PART III
PAYMENT SCHEDULE
PROFESSIONAL ENGINEERING/ARCHITECTURAL SERVICES
LUMP SUM FEE
Engineer shall be paid monthly on the basis of invoices submitted. These invoices will be for the portion of the
agreed upon compensation earned by Engineer during that month. Lump Sum will be based on percent of effort
completed as estimated by Engineer. Engineer shall be paid for all invoices within 30 days of submittal. In the
event the County disputes the invoice or any portion thereof, the undisputed portion shall be paid to Engineer
based on contractual terms. Invoices not in dispute and unpaid after 30 days shall accrue interest at the rate of
one and one-half percent per month (or the maximum percentage allowed by law, whichever is the lesser). See
Standard Conditions for invoices unpaid after 60 days. The lump sum fee to be billed is $100,800.
SPECIAL SERVICES (Additional Work)
Special Services shall be reimbursed under the following hourly rate schedule:
The hourly rates set forth below include all salaries, benefits, overhead and other indirect costs including federal,
state and local taxes, plus profit.
Professional Services
Program Manager	$225.00
Project Manager	$175.00
Senior Project Engineer	$135.00
Project Engineer	$119.00
Project Architect	$ 95.00
Construction Services Administrator	$116.00
Senior Engineer Intern	$102.00
Engineer Intern	$ 93.00
Engineering Technician I	$ 75.00
Engineering Technician II	$112.00
Construction Services Technician	$ 88.00
CAD Technician I	$ 54.00
CAD Technician II	$ 69.00
Administrative	$ 92.00
Clerical	$ 68.00
Field Services
Resident Project Representative III	$ 59.00
Resident Project Representative II	$ 46.00
Resident Project Representative I	$ 35.00
O&M Specialist	$ 59.00
Field Services Administrator	$ 53.00
Truck/Equipment Operator	$ 40.00
Field Technician	$ 34.00

DIRECT COSTS FOR SPECIAL SERVICES
REPRODUCTION
1. Charges for reproduction will be billed at cost plus 15% markup. Volume printing (bid documents and
special drawing packages) will be billed at equivalent commercial rates.
2. Blue line or plotter prints required for client or internal company use are chargeable as stated above.
3. Xerox or equivalent copies will be charged at cost plus 15% markup not to exceed $.18 per copy.
DIRECT COSTS
Travel. Travel from the office on Project-related business will be billed at the hourly rates specified in
Section I above. Charges for transportation, taxis, meals, lodging, gratuities, etc., will be billed at cost
plus 15% markup. Automobile travel (mileage) shall be billed at current government-approved
government rates plus 15% markup.
2. Telephone. Telephone calls, including cellular communication, on Project -related business will be billed
at a rate per minute not to exceed $.15 per minute.
3. Computer. Computer time charges on Project-related business will be billed at a rate not to exceed
$1.90 per hour.
4. Other. All other direct costs not covered herein shall be invoiced to the County at direct cost plus 15%
for handling. All such charges shall be mutually agreed upon prior to submission to the County.
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 00/100 Dollars ($5,000.00).
ADJUSTMENT CLAUSE
The rates and costs described in this Agreement may be revised annually.
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.
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:
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.
d. 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.
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 City/County. No member of the governing body of the City/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,
director 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 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.
19. Site Visits/Observation. If included in the Scope of Work, Firm shall visit the project and/or
construction site at appropriate intervals to become generally familiar with the progress, quality of work
(contractors' work), and to determine if the work is proceeding in general accordance with the Contract
Documents. Visits to the project site and observations made by Firm as part of services during
construction under Agreement shall not make Firm responsible for, nor relieve the construction
contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall not make Firm responsible for, nor
relieve the construction contractor(s) of the full responsibility for all construction means, methods,
techniques, sequences, and procedures necessary for coordinating and completing all portions of the
work under the construction contract(s) and for all safety precautions incidental thereto.
20. Insurance. Firm will maintain the following levels of insurance during the term of this Agreement. The
County will be named as an additional insured on the Commercial General Liability and Automobile
Liability insurance policies.
a. Worker's Compensation (and Employer's Liability Insurance) - as required by applicable
state statute.
b. Commercial General Liability - $1,000,000 per occurrence for bodily injury, including death
and property damage, and $2,000,000 in the aggregate.
c. Automobile Liability - minimum of $1,000,000 combined single limit for bodily injury and
property damage.
d. Professional Liability (E&O) and Professional Pollution Liability and Contractors' Pollution
Liabili - $1,000,000 each claim and in the aggregate.
21.Limitation of Liability. In recognition of the relative risks and benefits of the project to both the County
and Firm, the risks have been allocated such that the County agrees, to the fullest extent permitted by
law, to limit the liability of Firm and its subconsultants to the County and to all construction contractors
and subcontractors on the project for any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of Firm
and its subconsultants to all those named shall not exceed $50,000 or the amount of Firm's total fee
paid by the County for services under this Agreement, whichever is the greater. Such claims and
causes include, but are not limited to negligence, professional errors or omissions, strict liability,
breach of contract or warranty.
12
22. Disputes. Any action for claims arising out of or relating to this Agreement and/or respective services
shall be governed by the laws of the State of Texas. Venue shall be in Kerr County Superior Court.
Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree
otherwise, the mediation shall be conducted pursuant to the Construction Mediation Rules of the
American Arbitration Association.
23.Attorney Fees. Should there be any suit or action instituted to enforce any right granted in this
contract, the substantially prevailing party shall be entitled to recover its costs, disbursements and
reasonable attorney fees from the other party. The party who is awarded a net recovery against the
other shall be deemed the substantially prevailing party unless such other party has previously made a
bona fide offer of payment in settlement and the amount of recovery is the same or less than the
amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in
which the dispute is heard, including an appeal.
13
PROFESSIONAL MANAGEMENT, ENGINEERING AND10R ARCHITECTURAL SERVICES
PARTI-AGREEMENT
THIS AGREEMENT, entered into this day of , by and between the COUNTY
OF KERR, hereinafter called the "County", acting herein by COUNTY JUDGE hereunto duly authorized, and
TETRA TECH, INC. hereinafter caAed "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.
PROJECT DESCRIPTION: Install 3,000 linear feet of 8" sewer lines, 12 manholes and ring encasements, 41
connections to property lines and decommission 34 septic tanks. Construction will take place in the Kerrville
South/Ranchero Road Colonic along Ranchero Road from SH 16 to Ripplewood, along South Trace from Lydick
to Rancho Oaks, along Rancho Oaks from Ranchero Road to South Trace, along Lydick ftom Ranchero Road to
South Trace, and along Quail Valley from the South end cul-de-sac to the end of the road.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
Part Il, Scope of Services, is hereby incorporated by reference in#o this Agreement.
2. 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 May 3i, 2010.
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 Pavment -The compensation and reimbursement to be paid is a lump
sum fee of $100,800.00. Payment to (person/firm) shall be based on the terms included in Part ill -
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 ail
obligations of the parties created hereunder are performable in Kerr County, Texas.
b. This Agreement shall be binding upon and inure 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, if 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.
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 OF KER ~ TETRA TECH, I ~ ,~-
BY: BY: f '"
Br roves
Divisional Vice President
2
PART II
PROFESSIONAL ENGINEERING/ARCHITECTURAL 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 Kerr County regarding the requirements of the project.
2. 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 Kerr County
providing or obtaining other services such as auger borings, core borings, soil tests, or other subsurface
explorations; laboratory testing and inspecting of samples or materials; other special consultations. The
Engineer will review any tests required and act as Kerr County's representative in connection with any
such services.
3. Determine necessity for any acquisition of any additional real property/easements/Right-of-Way (ROW)
for the Texas Community Development Program (TCDP) project and, if applicable, furnish to Kerr
County under Part III as special services:
• Name and address of property owners;
• Legal description of parcels to be acquired;
• Map showing entire tract with designation of part to be acquired.
4. Prepare railroad/highway permits.
5. 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 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.
6. Furnish Kerr County 10 copies of the preliminary report, if applicable (additional copies will be furnished
to Kerr County at direct cost of reproduction);
7. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and obtain
clearance.
8. Prepare bid packet/contract documents/advertisement for bids.
9. Confirm that the 10-day call was made to confirm prevailing wage decision issued by ORCA.
10. Incorporate any and all wage rate modifications or supersedes via bid addendum (if applicable).
11. Conduct bid opening and prepare minutes.
12. Tabulate, analyze, and review bids for completeness and accuracy.
13. Confirm construction Contractor eligibility verification.
14. Conduct pre-construction conference and prepare copy of report/minutes.
15. Issue Start of Construction Notice to ORCA and Notice to Proceed to construction contractor.
16. 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.
17. Design for access by persons with disabilities to facilities to be used by the public in accordance with
Public Law 504.
18. Use forms for instructions to bidders, general conditions, and contract, bid bond, performance bond, and
payment bond, which have ORCA approval.
19. 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.
20. Consult with and advise Kerr County during construction; issue to contractors all instructions requested
by Kerr County; and prepare routine change orders if required, at no charge for engineering services to
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.
21. 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).
22. 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 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.
23. Require that a 10% retainage is withheld from all payments on construction contracts until final
acceptance by Kerr County and approval by ORCA, unless State or local law provides otherwise.
24. Prepare Certificate of Construction Completion and Clean Lien Certificate.
25. Conduct interim/final inspections.
26. Revise contract drawings to show the work as actually constructed, and furnish 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 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, Kerr County determines that any subcontractor is incompetent or
undesirable, 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
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 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
8. 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.
9. The Engineer will include in all negotiated contracts and subcontracts a provision to the effect that 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.
10. The Engineer will include in all contracts and subcontracts a requirement that the Contractor maintain all
relevant project records for three (3) years after 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 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. 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 Kerr County under applicable state or
federal law.
4. The Engineer agrees to and shall hold harmless 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.
PART III
PAYMENT SCHEDULE
PROFESSIONAL ENGINEERING/ARCHITECTURAL SERVICES
LUMP SUM FEE
Engineer shall be paid monthly on the basis of invoices submitted. These invoices will be for the portion of the
agreed upon compensation earned by Engineer during that month. Lump Sum will be based on percent of effort
completed as estimated by Engineer. Engineer shall be paid for all invoices within 30 days of submittal. In the
event the County disputes the invoice or any portion thereof, the undisputed portion shall be paid to Engineer
based on contractual terms. Invoices not in dispute and unpaid after 30 days shall accrue interest at the rate of
one and one-half percent per month (or the maximum percentage allowed by law, whichever is the lesser). See
Standard Conditions for invoices unpaid after 60 days. The lump sum fee to be billed is $100,800.
SPECIAL SERVICES (Additional Work)
Special Services shall be reimbursed under the following hourly rate schedule:
The hourly rates set forth below include all salaries, benefits, overhead and other indirect costs including federal,
state and local taxes, plus profit.
Professional Services
Program Manager	$225.00
Project Manager	$175.00
Senior Project Engineer	$135.00
Project Engineer	$119.00
Project Architect	$ 95.00
Construction Services Administrator	$116.00
Senior Engineer Intern	$102.00
Engineer Intern	$ 93.00
Engineering Technician I	$ 75.00
Engineering Technician II	$112.00
Construction Services Technician	$ 88.00
CAD Technician I	$ 54.00
CAD Technician II	$ 69.00
Administrative	$ 92.00
Clerical	$ 68.00
Field Services
Resident Project Representative III $ 59.00
Resident Project Representative II $ 46.00
Resident Project Representative I $ 35.00
O&M Specialist $ 59.00
Field Services Administrator $ 53.00
Truck/Equipment Operator $ 40.00
Field Technician $ 34.00

DIRECT COSTS FOR SPECIAL SERVICES
REPRODUCTION
1. Charges for reproduction will be billed at cost plus 15% markup. Volume printing (bid documents and
special drawing packages) will be billed at equivalent commercial rates.
2. Blue line or plotter prints required for client or internal company use are chargeable as stated above.
3. Xerox or equivalent copies will be charged at cost plus 15% markup not to exceed $.18 per copy.
DIRECT COSTS
1. Travel. Travel from the office on Project-related business will be billed at the hourly rates specified in
Section I above. Charges for transportation, taxis, meals, lodging, gratuities, etc., will be billed at cost
plus 15% markup. Automobile travel (mileage) shall be billed at current government-approved
government rates plus 15% markup.
2. Telephone. Telephone calls, including cellular communication, on Project -related business will be billed
at a rate per minute not to exceed $.15 per minute.
3. Computer. Computer time charges on Project-related business will be billed at a rate not to exceed
$1.90 per hour.
4. Other. All other direct costs not covered herein shall be invoiced to the County at direct cost plus 15%
for handling. All such charges shall be mutually agreed upon prior to submission to the County.
5. 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 00/100 Dollars ($5,000.00).
ADJUSTMENT CLAUSE
The rates and costs described in this Agreement may be revised annually.
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.
9
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
to
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
11
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 City/County. No member of the governing body of the City/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 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.
19. Site Visits/Observation. If included in the Scope of Work, Firm shall visit the project and/or
construction site at appropriate intervals to become generally familiar with the progress, quality of work
(contractors' work), and to determine if the work is proceeding in general accordance with the Contract
Documents. Visits to the project site and observations made by Firm as part of services during
construction under Agreement shall not make Firm responsible for, nor relieve the construction
contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall not make Firm responsible for, nor
relieve the construction contractor(s) of the full responsibility for all construction means, methods,
techniques, sequences, and procedures necessary for coordinating and completing all portions of the
work under the construction contract(s) and for all safety precautions incidental thereto.
20. Insurance. Firm will maintain the following levels of insurance during the term of this Agreement. The
County will be named as an additional insured on the Commercial General Liability and Automobile
Liability insurance policies.
a. Worker's Compensation (and Employer's Liability Insurance) - as required by applicable
state statute.
b. Commercial General Liability - $1,000,000 per occurrence for bodily injury, including death
and property damage, and $2,000,000 in the aggregate.
c. Automobile Liability - minimum of $1,000,000 combined single limit for bodily injury and
property damage.
d. Professional Liability (E&O) and Professional Pollution Liability and Contractors' Pollution
Liabilit - $1,000,000 each claim and in the aggregate.
21.Limitation of Liability. In recognition of the relative risks and benefits of the project to both the County
and Firm, the risks have been allocated such that the County agrees, to the fullest extent permitted by
law, to limit the liability of Firm and its subconsultants to the County and to all construction contractors
and subcontractors on the project for any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of Firm
and its subconsultants to all those named shall not exceed $50,000 or the amount of Firm's total fee
paid by the County for services under this Agreement, whichever is the greater. Such claims and
causes include, but are not limited to negligence, professional errors or omissions, strict liability,
breach of contract or warranty.
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22. Disputes. Any action for claims arising out of or relating to this Agreement and/or respective services
shall be governed by the laws of the State of Texas. Venue shall be in Kerr County Superior Court.
Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree
otherwise, the mediation shall be conducted pursuant to the Construction Mediation Rules of the
American Arbitration Association.
23.Attorney Fees. Should there be any suit or action instituted to enforce any right granted in this
contract, the substantially prevailing party shall be entitled to recover its costs, disbursements and
reasonable attorney fees from the other party. The party who is awarded a net recovery against the
other shall be deemed the substantially prevailing party unless such other party has previously made a
bona fide offer of payment in settlement and the amount of recovery is the same or less than the
amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in
which the dispute is heard, including an appeal.
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