lllaa~/~ Id . ~ ~ 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 Two MEETING DATE: November 10, 2008 TIlVIE PREFERRED: SUBJECT: Presentation of documents, information and process relating to Texas Water Development Board grant of $178,500, for Facilities Planning for Center PointlEastern Kerr County Wastewater Project. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING COURT: Commissioner 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 REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. October 31, 2008 Mr. Bill Williams, County Commissioner Kerr County, TX 700 Main Street Kerrville, TX 78028 Re: Economically Distressed Areas Program, Project # 10366 Dear Mr. Williams, The Texas Water Development Board (Board) would like to thank Kerr County (County) for participating in the Board's financial assistance programs. On October 28, 2008, the Board approved a $178,500 grant commitment for the County from the Economically Distressed Areas Program. A signed copy of the Board resolution and the News Release are enclosed. Prior to the release of grant funds, the County must execute a grant agreement for the administration of the grant funds. Board will draft the grant agreement and forward three duplicate copies to the County for review and execution. The team that will be managing the County's project consists of the following Board staff: Nicolas Palacios, P.E., Project Engineer, 512/936-2345 Jessica Zuba, Financial Analyst, 512/475-3734 Ray Mathews, Environmental Reviewer, 512/936-0822 Joe Reynolds, Attorney, 512/936-2414 Board staff looks forward to working with the County to make this a successful project. If you have any questions or desire any additional information, you may contact me at (512) 475-0590 or other members of the team. Sincerely, , ~ G~~~ Mireya F. Loewe, Project Lead Project Development, PFCA ML/ms Our Mission To provide Icude?sh~p. plaranir~g, fi~nar„ aT c;.tir 'rv,c~, fo: ,r.utton, and cdi . r_}; ~r" ~e~ z ~~ ~ ~~ c=evelcl~rnenl e~ P~ _. ~C7C' N.~~ "` ~ T:. , ._, 7~ 0^ James E. Herring, Chairman Jack Hunt, Vzce Chairman Lewis H. McMahan, Member J. Kevin Ward Thomas Weir Labatt III, Member Edward G. Vaughan, Member Executive Administrator- Joe M. Crutcher, Member Mr. Bill Williams October 31, 2008 Page 2 cc w/enc.: Mr. Tom Spurgeon, McCall Parkhurst & Horton, LLP Mr. Robert V. Henderson, RBC Dain Rauscher Inc. Mr. Al Groves, Tetra Tech, Inc. w/o enc.: The Honorable Troy Fraser, State Senator, District (24) The Honorable Harvey Hilderbran, State Representative (53) • • A RESOLUTION OF THE TEXAS WATER DEVELOPMENT BOARD i APPROVING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM KERR COUNTY, TEXAS, IN THE AMOUNT OF $178,500 ~. THROUGH A GRANT IN THE AMOUNT OF $178,500 FROM THE ECONOMICALLY DISTRESSED AREAS PROGRAM (08-115) WHEREAS, Kerr County, Texas, (the "County") has filed an application with the Texas Water Development Board (the "Board") seeking financial assistance in the amount of $178,500 from the Economically Distressed Areas Program for the development of a Facility Engineering Plan related to providing first-time wastewater service to certain existing residential areas; and WHEREAS, pursuant to the rules and procedures of the Board for projects using funds from the Economically Distressed Areas Account, the County is eligible to receive financial assistance for the proposed wastewater improvements plan through a grant of $178,500 from the Economically Distressed Area Research and Planning Fund, all as is more specifically set forth in the application and in recommendations ofthe Board's Project Finance and Constnaction Assistance staff, to which documents express reference is made; and WHEREAS, in accordance with Sections 17.929, 17.933, 17.189, and 17.275, of the Texas Water Code, the Board has carefully considered all matters required by law and in particular the following: 1. the need of the economically distressed area to be served by the water supply and sewer services in relation to the need of other political subdivisions requiring economically distressed areas financing, and the relative costs and benefits of all applications; 2. the availability to the County of revenue from alternative sources for the payment of the cost of the proposed project; rnancing of the proposed sewer project; 4. whether the County and City have adopted model subdivision rules as adopted by the Board pursuant to Section 1 ti.343 of the Texas Water Code and the manner of enforcement; 5. the feasibility of achieving cost savings by providing a regional facility for water supply and wastewater service and the feasibility of financing the facilities by using funds from the economically distressed areas account or any other financial assistance; 6. whether the area to be served by the proposed project has a median household income that is not greater than 75 percent of the median state household income for the most recent year for which statistics are available; • 7. the rates, fees and charges that the average customer to be served by the project will be able to pay, sources of funding available to the County, and any local funds of the County; 8. sources of funding available to the County from federal and private funds and from other state funds; 9. any local funds of the County to be served by the project in the area to be served is within the boundary of the County; 10. the just, fair, and reasonable charges for water and wastewater service as provided in the Texas Water Code; 11. whether the treatment works to be financed under the application consider cost- effective, innovative, nonconventional. methods of treatment; 12. the water quality needs of the waters into which effluent from the treatment works will be discharged, the benefit of the treatment works to such water quality needs, the relationship of the treatment works to the overall, statewide water quality needs; and the relationship of the treatment works to water quality planning for the state; 13. the availability of revenue to the County, from all sources, for the ultimate repayment of the cost of the treatment works, including interest; 14. whether the County has been designated, pursuant to Tex. Water Code § 26.082, to provide a regional system to serve all or part of the waste disposal needs of a defined area, the development of such systems being the declared policy of the legislature; and 15. whether the use of septic tanks as the method for providing sewer services under the applicant's plan is not feasible in the area covered by the application; WHEREAS, the Board hereby finds: that the County is exempt from requirements to adopt a water conservation program because the Board's financial assistance will be $500,000 or less.; 2. that the area to be served by the proposed project has a median household income that is not greater than 75 percent of the median state household income for the most recent year for which statistics are available; 3. that any treatment works to be financed under the application will consider cost- effective innovative, nonconventional methods of treatment; • • 4. that the public interest will benefit from state assistance in the financing of the treatment works; and ' NOW, THEREFORE, based on said considerations, the Texas Water Development Board ~~... resolves as follows: A commitment is made by the Board for: l . a grant of $178,500 from the Economically Distressed Areas Account of the Texas Water Development Funds; and - 2. this commitment will expire October 31, 2009. Such commitment is conditioned as follows: 1. this commitment is contingent on a future sale of bonds or on the availability of funds on hand; 2. this commitment is contingent on the County's compliance with all applicable requirements contained in the rules, regulations, and policies of the Board; 3. prior to the release of funds, the County and the Executive Administrator of the Board shall execute an agreement which sets forth the terms and uses of the grant funds; 4. grant proceeds shall not be used by the County when sampling, testing, removing or disposing of contaminated soils and/or media at the project site. The Grant Agreement shall include an environmental indemnification provision wherein the County agrees to indemnify, hold harmless and protect the Boazd from any and all claims, causes of action or damages to the person or property of third parties arising from the sampling, analysis, transport, storage, treatment and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated media that may be generated by the County, its contractors, consultants, agents, officials and employees as a result of activities relating to the project; and 5. Should one or more of the provisions in this resolution 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 resolution and shall not affect the validity of all other provisions of this resolution which shall remain in full force and effect. PROVIDED, however, the foregoing resolution is subject to the following additional requirements prior to funding of the grant: 1. the grant is approved for funding under the Board's pre-design funding option, as specified in Board rule 31 TAC §384.43, and initial and future releases of funds are subject to all rules of the Board relating to such funding option; and 3 • • 2. prior to the release of funds, the County shall submit an executed consulting engineer contract, the form and substance of which is satisfactory to the Executive Administrator of the Board. APPROVED^and ordered of record this the 28~h day of October, 2008. _~ ~' TEXAS WATER DEVELOPMENT BOARD _- ~. ~.~.,.,~,~,,.,, R , y J es E. Herring, Chairman ATTEST: evi Ward Executive Administrator J ~~ ~ _~_~ ~`v FROM THE TEXAS WATER DEVELOPMENT BOARD News Release For immediate release Contact: Leslie Anderson 512-463-7855 TEXAS WATER DEVELOPMENT BOARD APPROVES $178,500 GRANT TO KERB COUNTY TO FINANCE FIRST TIME WASTEWATER SERVICE. AUSTIN - (October 28, 2008) -The Texas Water Development Board (TWDB) today approved a grant to Ken County (Kerr County) in the amount of $178,500 from the Economically Distressed Areas Program Research and Planning Fund for the preparation of a facility plan to provide first time wastewater service. Kerr County (County) submitted an application to the Texas Water Development Board (Board) for financial assistance under the Economically Distressed Areas Program (EDAP) for Center Point Community and Eastern Ken: County. The Center Point area is an unincorporated community with failing septic systems. These conditions could pose a health threat to the community. Currently, there are no centralized wastewater collection systems and no wastewater treatment facilities for the area. The County is interested in evaluating these existing conditions and identifying a plan to remedy the problem. Kerr County will use the funds for the Planning Phase only. As part of this phase, the County will develop a Facility Engineering Plan with emphasis on serving existing residences based on EDAP program criteria requirements. The County is located approximately 60 miles west of the City of San Antonio. -more-more-more- P.O. Box 13231 'Austin, Texas 7871 1 ' (512) 463-7847 • Telefax (512) 485-2053 ' 1-800-RELAY TX (for the hearing impaired) URL: hrip://www.twdb.state.tx.us-Email: info@iwdb.state.us Our Minion Provide leaderrhip, technicul rervicer and financial arrirtance to rupport planning, conrervation and rerporaihle development of water for Texar. Printed on Recycled Paper The TWDB is the state agency charged with collecting and disseminating water-related data, assisting with regional planning and preparing the State Water Plan for the development of the state's water resources. TWDB administers cost-effective financial programs for the construction of water supply, wastewater 1~reatment, flood control, and agricultural water conservation projects. -30- Professional Procurement Training Kerr County November 3, 2008 10:00 a.m. Agenda • Explaining the Texas Water Development Board's (Board) role • How the Board looks at Engineering costs: o Definitions o Cost /price summary o Form of Contract • Project Review TWDB Fee Definition Consulting engineering services are required for each phase of a construction project. All essential or basic services preferably are furrrished by the same consuengineer or ~,n~~ iltine eneineer team. although at times services in vanous phases are famished by different engineers or by the owner. Basic Services for Construction Protects Basic services furnished in support of a construction project may include: Studv and Report Phase: This phase involves analysis of owner's needs, economic. and` ted~nicai evaluation of feasible alterr-atnte~:rdetermination of project scope, cont~ptuai design and initial opinions of probable constrvdton :cost. Services during this phase may include: • Reviewing available data and consulting with the owner to clarify and define the owner's requirements for the project. • Advising the owner as to the necessity of providing or obtaining from others additional data or services. These additional services may include photogrammetry, reconnaissance surveys, property. surveys, topographic surveys, geotechnical investigations and consultations compilation of hydrological data, trafFic studies, materials engineering, assembly of zoning, deed and other restrictive land use information andxenvironmentat assessments and impact statements. • Identifying and analyzing requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. • Providing analyses of the owner's needs, planning surveys and comparative evaluations of prospective sites and solutions. • Generating a general economic analysis of the owner's requirements applicable to various alternatives. • Preparing a report presenting alternative solutions available to the owner with the consulting engineer's findings and recommendations. The report may contain schematic layouts, sketches, conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction), and the consulting engineer's conceptual opinion of probable costs for the project. The number and distribution of report copies will be as stipulated in the agreement with the owner. F'relirrtinarv [lesion Rhase: This phase involves the establishment of the,general size. and scope of the project and its. location on the. selected: site. Services. may .include: • Consulting with the owner, reviewing preliminary reports, claiifying and defining. the project requirements, reviewing available data and discussing general scheduling. Conferences may also be required with approving and regulatory governmental agencies and affected utilities. • Advising the owner as to whether additional data or services of the type described in the Study and Report Phase are required and assisting the owner in obtaining such data and services. • Preparing preliminary design documents consisting of final design criteria, preliminary drawings, outline of specifications, and written descriptions of the project. The number and distribution of copies will be as stipulated in the agreement with the owner. • Preparing revised opinions of probable total project costs. Final Design Phase: This phase of project development is usualty undertaken only after the owner has approved the preliminary design phase material. The basic services for the final design phase may include: • Preparing construction drawings:and specifications showing the character and extent of the project based on the accepted preliminary design documents. • Preparing and furnishing to the owner a revised opinion of probable total project costs based on the final drawings and specifications. • Furnishing the necessary engineering data required to apply. for regulatory permits from local, state orfederat authorities. This is • Furnishing to the owner the specified number of copies of drawings, specifications and other contract documents. • Preparing basic documents related to constn~ction contracts for review and approval by the owner (and the owner's legal and other advisors). These may include contract agreement forms, general conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and bonding requirements, and preparation of other contract- related documents. Biddinv or Neootiatino Phase: Services under this phase may include: • Assisting the owner in advertising for and obtaining bids or negotiating proposals for each separate prime construction contract, maintaining a record of prospective bidders to whom bidding documents have been issued, attending pre-bid conferences, and receiving and processing deposits for bidding documents. • Issuing addenda as appropriate to interpret, clarify or expand the bidding documents. owner in determining the qualifications and • When substitution prior to the award of contracts is allowed by the bidding documents, consulting with and advising the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. • Attending the bid openings, preparing bid tabulation sheets, and providing assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. Constn+ction Phase: Services under this phase involve consulting with and advising the owner during construction and are limited to those services associated with performing as the owner's representative. Such services may be included as a basic service and may comprise: • Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed on behalf of the owner. • Reviewing shop and erection drawings submitted by the constructors for compliance with design concepts. • Reviewing laboratory, shop and mill test reports on materials and equipment_ • Visiting the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. • Issuing instructions from the owner to the constructors, issuing necessary interpretations and clarifications of contract documents, preparing change orders requiring special inspections and testing of the work, and making recommendations as to the acceptability of the work. • Preparing sketches required to resolve problems due to actual field conditions encountered. • Detem~ining amounts of progress payments due, based on degree of completion of the work, and recommending issuance of such payments by the owner. • Observing and assisting performance tests and initial operation of the project. • Preparing record drawings from information submitted by the contractor. • Making a final inspection and reporting on completion of the project, including recommendations concerning final payments to constructors and release of retained percentages. /~dclit~'onal Services for Construction Proiects Additional services required during the study, design, bidding, construction and operation phases of a construction project may include investigations, reports and activities beyond the scope of the basic services. These services, many of which are previously listed in this section under the category "Consultation Services, Investigations and Reports, may relate to the owner's decisions as to the feasibility, scope and location of the project. The research, compilation of engineering data and acquisition of property may involve professional specialists in engineering and other fields. Wit, Examples of these services may include: • Geotechnical engineering -including test borings, sampling and analysis, and recommendations. • Studies, tests and process determination to establish design criteria for water and wastewater treatment facilities. • land surveys, establishment of boundaries and monuments, preparation of easement descriptions and related computations and drawings. • Engineering and topographic surveys for design and construction. • Mill, shop or laboratory inspections of the materials and equipment. • Furnishing additional copies of reports, construction drawings, spec cations, and other documents as required for bidding and construction beyond the number specified in the basic services agreement. • Extra travel and subsistence as defined by the agreement for engineering services. • Value engineering -including reviewing the work of other engineers, either within the same organization or in other firms, to determine whether a proposed solution is optimum and, if not, to suggest a better approach for meeting the project's functional and financial criteria. • Redesign to reflect project scope changes requested by the owner, required to address changed conditions or change in direction previously approved by owner, mandated by changing governmental laws, or necessitated by the owner's acceptance of substitutions proposed by the constructor. • Services during construction by a resident project representative, and by supporting staff as required, to provide more assurance that the construction is accomplished in general conformance to the design drawings, specifications and other contract documents. • Quality control inspection and testing of materials used in the construction of a project. • Assistance to the owner as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies. • Final investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of final rate schedules and earning and expense statements; or appraisals, valuations, and material audits or inventories required for certification of force account construction performed by the owner or for extra work done by the constructor. • Preparation of detailed applications and supporting documentation for government grants, advances for public works projects or permits. • Plotting, computing, and filing of subdivision plats, staking of lots and other land planning and partitioning activities. • Preparation of environmental assessment and impact statements and other assistance to the owner in connection with public hearings. • Factra design effort to meet special conditions such as earthquakes, hurricanes, tornadoes or blasts, or to satisfy abnormal tolerances, along with associated dynamic analysis or testing. • Assistance in managing a protect by adirxi as the direct representative of the owner in the selection enoac;ement observation, and approvals _of Assessment of the completed project's ability to meet its design intent relative to capacity, maintainability, operability or reliability. • Project peer review. • Copies of reports or construction documents to the owner in number exceeding that stipulated in the agreement for services. • Services beyond scheduled completion dates, particularly with regard to Construction Phase Services. At the completion of construction, the consulting engineer may assist in the start-up of project operations. The consulting engineer may be commissioned to prepare a manual for both operation and maintenance requirements, providing assistance for adjusting and balancing equipment, identifying deficiencies and assisting in obtaining corrections, and performing inspection prior to the end of the project warranty period. The consulting engineer may assist in operator training, setting up job classifications and salaries, organizing the purchase of supplies, developing charts for recording operational data, and observing and reporting on project operations. ENGINEERING SUPPORT SER1dtCES The consulting services described above frequently require engineering support services. Geotechnical engineering, for example, frequently requires services such as taking soil and rock borings, excavating test pits, sampling and identifying soil and earth materials, field and laboratory tests, and geophysical measurements and observations. Support services may involve da#a gathering activities for specialized purposes. Although some of these tasks are normally accomplished by persons who are not engineers, the procurement of adequate and correct data usually requires professional judgment and guidance. Since soundness of any engineering decision is dependent upon the accuracy and suitability of data obtained in field and laboratory investigations, these supporting services must be under the guidance of the consulting engineer whose decisions will be based on that data. Texas Wa#er Development Board P.O. Box 13231 Austin, TX 78711-3231 Project Budget 2 TOTAL Administration Basic Ennineerinn ireference WRD 023A) Plannin Cat o A Plannin Cate o B Plannin Cate o C Plannin Cate o D Plannin Other Sneciai Enaineerinsi Services Environmental Surve in / ma s Geotechnical / testin ins ion if a livable Permittin O&M if a livable Other 'Construction Cost {NA for planning phase) Easement 1 Land Acquisition A uisition A sisal L al ---- Other and issuance costs Fees boy Issuance once /Sun ation Fee Other Details Contin env TOTA wRn-zn tnanoa Cost and Pricing Information -State Projects (V1IRD-277) Part I = General 1. RECIPIENT 2. ID No. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Inchtde Zip Cock) 6. TYPE OF SERVICfi TO BE FURNISHED TELEPHONE NUMBER (Jtrclude Ana Code) Part Ii -Cost Summa ESTIMATED 7. DIRECT LABOR (Specify Lobor Categories) HOURS HOURLY ESTIMATED RATE COST TOTALS $ $ DIRECT LABOR TOTAL: $ 8. AIDIRECT COSTS (Specify htdinct Cost Pools) RATE X BASE = ESTIMATED COST $ S INDIRECT COST5 TOTAL: $0.00 9. OTHER DBtECT COSTS A. TRAVEL ESTIMATED COST i) TRANSPORTATION $ AER D[EM TRAVEL SUBTOTAL: $0.00 B. EQUIPMENT, MATERIALS, SUPPLIES (Specify Categories) QTY COST ESTIMATED COST $ $ EQUIPMENT SUBTOTAL: $ C. SUBCONTRACTS ESTIMATED COST SUBCONTRACTS SUBTOTAL: $0.00 D. OTHER (S~ectfy Categories) ESTIMATED COSTS $ OTHER SUBTOTAL: $ E. OTHER DIRECT COSTS TOTAL: $ 10. TOTAL ESTIMATED COST $ 11. PROFIT S 12. TOTAL PRICE $ This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of: Date: Name and Title of reviewer. Biil Williams From: Francis Harutunian [Francis.Harutunian~twdb.state.tx.usj Sent: Monday, November 03, 200812:02 PM To: Comm. Bill Williams (Kerr Co.) Cc: Francis Harutunian; Melinda Smith; Nicolas Palacios Subject: Kerr Co. - EDAP Project Attachments: WRD-023A DRAFT.doc w~-o23a DRAFT.tloc (61 KB) Commissioner Williams, thanks again for your time this morning. As I promised, here is the EDAP Facility Plan guidance that was missing from the information we send earlier. T will let you know about the in-kind contribution question later. Regards, Francis Francis Cobo Harutunian, P.E. Team Lead, State Programs Project Engineering and Review Ph. (512) 463-8271 Fax. (512) 463-9980 e-mail: francia.harutunian@twdb.state.tx.us 1 WRD-023A 7/07 draft EDAP 2 Planning Phase Facility Pian Scope of Services The Applicant will be expected to prepare a facility engineering plan for providing water and/or wastewater services for the project area in accordance with the requirements set forth in 31 TAC 355.73, and to provide documentation to confirm the EDAP eligible area(s) in the project area. The scope of service for preparing the facility engineering plan is broken down into categories of tasks as outlined below. Each category of tasks shall be completed in order of categories listed, starting with Category A and proceeding with each successive category through D. After the completion of tasks within a category, the firm will provide a report and appendices/supporting data as necessary for each category. TWDB will reimburse the applicant for the engineering costs after each progress report and/or the final facility engineering plan,report. The contents of the documentation shall include an Executive Summary including Findings, Conclusions, Issues, Recommendations and the main body of the report. Six (6) sets of this documentation shall be provided to the TWDB for review and written approvaUdisapprovai by the TWDB and prior to fully undertaking'or completing the tasks within the next successive category. The basic approach will be to provide adequate documentation for each category and to use this information for decision making prior to moving to the next category. Do not proceed to the neat category without TWDB approval of the:previous category work product. Each successive series of documentation will be used as building'blocks for the final end product, which is a comprehensive Facility Plan. Six (6) copies ofa completed Final Facility Plan (Final to mean reviewed and approved by TWDB) with appropriate supporting material must be provided. A satisfactory Final Facility Plan is part of the application requirements for Economic Distressed Area Program funds (363.504 (a)(2)). 1n-conjunction with the tasks associated with the various categories and through out this investigation, it will be important to keep all the stakeholders informed on the project status and activities including the eventual project beneficiaries (colonia residents). Category A. Eligibility Assessment The eligibility assessment will determine all "economically distressed area" as defined by ' 17.921(1) of the Water Code such that the areas meet the criteria of 31 TAC ' 363.503. The TWDB guidance policy documents to be used for parts of this assessment. Demonstrate Water service inadequacy: For each EDAP area, document that water service does not exist or is provided by a community water system that does meet drinking water standards as specified in TAC Chapter 290, Subchapter F, or other water quality standards of a governmental unit with jurisdiction over such area. Demonstrate Sewer service inadequacy: For each EDAP area, document that sewer service does not exist or is provided by an organized sewage collection and treatment facility that does not comply with 30 TAC Chapter 3 i 7 or is provided by on-site sewerage facilities that do not comply with 30 TAC Chapter 28S or does ~t meet applicable wastewater standards of other governmental units with jurisdiction over such area 3. Document the financial resources of the residents in each EDAP area Financial resources of an EDAP area are inadequate when the median household income is not greater than 75 percent of the median state household income for the most recent year for which statistics are available. Asper TAC 355.73 (g) adjusted median household in~me is calculated as the amiual median household income identified in the most recent U. S. Census from the closet applicable census tract multiplied by the current Texas Consumer Price Index, ff census data for an EDAP area is inadequate, then household survey data from a statistically acceptable number of residents can be used. 4. Demonstrate that occupancy on June 1, 2005: Provide documentation that at least one occupied residential dwelling existed within the platted or subdivided area on June 1, 2005. Tabulate the number of households in each IDAP area that meet the eligibility requirements listed above and the number of households, commercial customers, mobile homes, apartments, or institutions in the EDAP area that do not meet the eligibility requirements. Tabulate the EDAP eligible households and EDAP ineligible users for the proposed project area. Determine the existing population in the EDAP eligible area and the existing total population in the project area. The number of existing EDAP households and residents in each EDAP area as well as the number of existing residents not eligible for EDAP should be clearly shown. 6. The applicant shall submit maps delineating the EDAP area(s) and the area to be served by the project. The EDAP area boundaries should follow 31 TAC 363.503(5) as closing as possible. Supporting documentation for the EDAP area(s) also shall follow 31 TAC 363.503 as closing as possible. Where possible, indicate city boundaries and existing water or wastewater service areas. TWDB will issue a letter confirming the EDAP eligible areas as formal documentation of of completion of Category A. EDAP grant funds can only be used for EDAP eligible areas. Once the EDAP eligible areas are determined, a nuisance finding can be requested from the Department of Health by TW1DB. Category B. Existing Facilities and Problems Define the existing and projected population for at least 20 or through the design year. Show the EDAP eligible portion of the population in the projection. 8. Describe the existing water and / or wastewater facilities that will serve the project area, and the effect of providing service to EDAP areas may have on the existing facilities. Discuss the existing and projected water supply and water demand. Submit a WRD-253a for wastewater projects and WItD 253d for water projects. If new sources of water are needed, identify the probable sources of the new water supply. 10. For wastewater projects, determine the wastewater characterization and if applicable, an infiltration inflow analysis. 11. Confirm the ability of dwellings in the project area to utilize future water and wastewater facilities. If possible, identify areas that may have additional costs associated with hooking up to the new facilities. 12. Document public consent for the construction of water and wastewater facilities to serve the EDAP area(s). TWDB will confirm the completion of Category B and incorporate any comments or issues identified during the review of the WRD-253 that may affect facility planning into a letter. Category C. Alternatives and Design Analysis 13. Specify the preliminary design criteria for the design year required to eliminate the water andJor sewer inadequacies in the EDAP eligible area(s). and maintain compliance with the appropriate water and wastewater standazds for the entire project area. 14. Identify and evaluate alternatives for the water improvements needed to meet the design criteria. Rank the top three or more alternatives in terms of technical soundness for meeting treated water standards; capital cost; operating costs for 20 years adjusted to present value; and the greatest utilization of local labor during constriction, operation and maintenance. Itemize estimated land acquisition costs for plant site. 15. Identify and evaluate alternatives for wastewater improvements required to meet the design criteria. Wastewater alternatives must include septic tanks and other on-site systems; regional and non-regional systems;. conventional treatment technologies; nonconventional treatment technologies, such as rock reed, root zone, ponding, irrigation, or other technologies that may have been developed by NASA and the Tennessee Valley Authority; and revenue generating alternatives. In a table rank the wastewater alternatives in terms of technical ability to meet wastewater treatment regulations; capital cost; operating costs for 20 years adjusted to present value; ease.of land and easement acquisition; relative cost of Iand acquisition; ease of operation and maintenance; and the greatest utilization of local labor during construction. 16 Provide a description of the recommended facilities, including an identification of any existing facilities to be acquired, replaced, enlazged, or improved. 17. Specify the percentage of the total existing utility water and/or wastewater system capacity that will be used to serve the EDAP area(s). 18. Estimate the water usage and wastewater flows for the project area after completion of the project and explain the basis of the estimation. Estimate the percentage of proposed water and wastewater capacity that will serve the EDAP area and the non-EDAP area. 19. Submit an environmental report with maps in accordance with 363. I4 or 375.214. Contact TWDB for specific guidance regarding use of state and/or federal funds. Note that a favorable environmental determination is required for TWDB to release future design funds. See 25.f below. 20 Estimate the construction cost of the recommended project for each major element of the proposed improvements and/or new facilities, and an estimate of the annual operating costs. Include an estimate connection cost for each EDAP eligible dwelling. 21. For projects involving the purchases of facilities, the following additional information is required: A) inventory and current valuation of facilities to be purchased; B) general description of the capacities and capabilities of the facilities; C) historical operating and maintenance records; D) information on the 100-year flood plain and development in the project area; and E) access to facilities for TWDB staff site inspections. TWDB will issue a letter accepting the Category C work product. Category D. Finali~ie Project 21. Prepare a total project budget to define funding needs. Contact TWDB for budget format and confirmation of nuisance finding from Department of Health. With a nuisance finding, EDAP eligible areas can receive upto 100% grant for future funding of design and construction from TWDB. Without a nuisance finding, grant funding is limited to SO%. 22. Prepare a project implementation schedule for completing design; obtaining favorable environmental recommendation(s) for the project; acquisition of project funding; easement and land acquisition; and completion of construction of all elements. Discuss 23. Confirm that a Water Conservation and Drought Management Contingency Plan has been adopted or submit the necessary revisions to make the plan comply with current requirements. 24. Submit copies of interlocal agreements, or other agreements needed for the project, if applicable. 25. The following. items can be in the planning phase or the design phase. If included in the planning phase for an EDAP-2 facility;plan, then the application for planning funds must include a scope of work and budget for the following items: a) submit appraisals of real property needed for the water and wastewater facilities; b) document the acquisition of land; c) prepare and submit applications for wastewater permits. Facility planning funds can include activities associated with administrative or legal proceedings by regulatory agencies. d) prepare applications for new water supplies, and/or acquire water rights; e) prepare and submit water well and water supply information needed to secure water rights certification from TWDB. f) prepare an Environmental Assessment (State funds) or Environmental Information Document (Federal Funds). This task is considered complete with issuance of a favorable environmental determination, or the task can be considered complete with submission of an Environmental Assessment or Environmental Information Document. Note that by accepting the environmental report as the final work product for this task, TWDB is not making any statement regarding the future issuance of a favorable environmental fording and more work maybe required in the future. g) Public hearing as part of the Environmental Information Document to be submitted to EPA if Federal Funds planned for future funding of design and/or construction. ff State funds will be used for future funding of design and/or construction, then confirmation of acceptance of the project by the affected people is required h) If needed, a resolution seeking Designated Management Authority (WRD-210) from the entity that will operate and maintain the future wastewater facilities. i) For EDAP areas, confirm that a mandatory hook up policy has been adopted. j) Determine if FMT training or certification is needed before future applications for funding are submitted. 26. Assemble all the Category A, B, C and D reports into a single final report. TWDB will issue a letter accepting the final report as complete. ITEM SUMMARY PAGE 2 BACKGROUND This is the County's first application for financial assistance from the Board. FINANCIAL SECTION Kev Issues Research And Planning Funding Options Under Chapter §355.71 of the Board rules, applicants applying for funds may receive from 75% up to 100% of the cost of facility planning for water and wastewater facilities to serve EDAP areas depending on the coverage amount of unrestricted cash reserves to the average monthly operation and maintenance expenses. (1) A coverage amount greater than 1.5 times would permit a 75% grant with at least 50% of the remaining cost. in the form of cash. (2) A coverage amount of less than 1.5 times but greater than 1.0 times would result in an 87.5% grant with the applicant providing the remaining costs in either in-kind services, cash or a combination of both. (3) A coverage amount of less than 1.0 times allows for 87.5% grant with the remaining costs provided by in-kind services. (4) A coverage amount of less than 1.0 times and certification that the applicant does not have the staff or the current staff lacks the expertise to perform any in-kind contribution, the Board may grant a 100% grant. Based on the County's coverage of 3.3, the County qualifies fora 75% grant for the cost of the planning. The County is requesting 75% grant and will contribute its portion from cash on hand, in-kind services or a combination of both. Internal Risk Score The County is requesting grant funds and therefore is not subject to the risk score. TWDB Share $178,500 Applicant Cash $29,750 .Applicant In-Kind $29,750 Grant % 75%0 ENGINEERING. SECTION Kev Issues The EDAP Facility Plan Scope of Services will be done by completing each respective Category A, B, C, and D in sequence. Board staff will review and approve each Category Report prior to authorizing completion of the next category. The contents of the Facility Plan will be in accordance with the requirements of the pending Grant Agreement and those set forth in 31 TAC § 355.73. Upon completion and approval of the Facility Plan, the County will be eligible to apply and be considered for the next subsequent EDAP funding phases which are Acquisition and Design. State Water Plan The Board is required to consider consistency with the state and regional water plans only for water supply projects. Therefore, no consistency determination is~required for this project. ITEM SUMMARY PAGE 2 BACKGROUND . This is the County's first application for financial assistance from the Board. FINANCIAL SECTION Key Issues Research And Planning Funding Options Under Chapter §355.71 of the Board rules, applicants applying for funds may receive from 75% up to 100% of the cost of facility planning for water and wastewater facilities to serve EDAP areas depending on the coverage amount of unrestricted cash reserves to the average monthly operation and maintenance expenses. (1) A coverage amount greater than 1.5 times would permit a 75% grant with at least 50% of the remaining cost in the form of cash. (2) A coverage amount of less than .1.5 times but greater than 1.0 times would result in an 87.5% grant with the applicant providing the remaining costs in either in-kind services, cash or a combination of both. (3) A coverage amount of less than 1.0 times allows for 87.5% grant with the remaining costs provided by in-kind services. (4) A coverage amount of less than 1.0 times and certification that the applicant does not have the staff or the current staff lacks the expertise to perform any in-kind contribution, the Board may grant a 100% grant. Based on the County's coverage of 3.3, the County qualifies fora 75% grant for the cost of the planning. The County is requesting 75% grant and will contribute its portion from cash on hand, in-kind services or a combination of both. Internal Risk Score The County is requesting grant funds and therefore is not subject to the risk score. TWD$ Share I $178,500 I Applicant Cash ~ $29,750 ~ Applicant In-Kind ~ $29,750 ~ Grant% ~ 7So, ENGINEERING SECTION Key Issues The EDAP Facility Plan Scope of Services will be done by completing each respective Category A, B, C, and D in sequence. Board staff will review and approve each Category Report prior to authorizing completion of the next category. The contents of the Facility Plan will be in accordance with the requirements of the pending Grant Agreement and those set forth in 31 TAC § 355.73. Upon completion and approval of the Facility Plan, the County will be eligible to apply and be considered for the next subsequent EDAP funding phases which are Acquisition and Design. State Water Plan The Board is required to consider consistency with the state and regional water plans only for water supply projects. Therefore, no consistency determination is required for this project. ITEM SUMMARY PAGE 3 CONVENTIONAL No ES Yes CWSRF Tier II No CWSRF Tier III No D IGN PROJECT 10366 FMT No DWSRF No NUMBER ~ Complete BUDGET PROJECT EDAP Planning County Total Uses -Grant Contribution Cost Cate or Qty./Size Basic Engineering Fees Planning CategoryA $12,240 $4,080 $16,320 Category B $22,350 $7,450 $29,800 Category C $10,890 $3,630 $14,520 Category D $25,200 $8,400 $33,600 Plannin Other S6,520 $2,240 $8,760 Subtotal Basic Engineering Fees $77 200 $25 800 $103,000 Contin enc Special Engineering Fees Environmental/Cultural 5101,300 $33,700 $135,000 Fiscal Fees (Financial Advisor) Le al Fees (Bond CounseQ TOTAL COSTS $178,500 $59,500 $238,000 nTNF.R PRn TECT CONSIDERATIONS Water Supply OK for Loan Life yes X No Water Conservation Plan Approvable N/A Adopted Water Plan Consistency (Water Supply Project Only) Yes No N/A X Water Rights Certification Required Yes No N/A X CONSERVATION SECTION Water Loss Audit: The water loss audit report requirement applies only to retail public water suppliers. The County is not a retail public water supplier. Water is provided to residents through private water wells. Water Conservation Plan: Under 31 TAC 363.15(e) an entity is not required to submit a Plan if the amount of financial assistance is less than $500,000. ENVIRONMENTAL Key Issues None known at this time. ITEM SUMMARY PAGE 4 Environmental Summary As set forth in the preliminary environmental information submitted by the County for planning wastewater collection system improvements, there are no issues that would preclude construction of the project or cause additional alternatives to be examined. The current funding is for planning only and will result in development of an Environmental Assessment. Based on this initial environmental review the proposed planning studies will not result in any environmental impacts. Pursuant to the 31 Texas Administrative Code §363.16 pre-design funding requirements, all financial assistance shall be conditioned to read that funding for design and subsequent construction costs for the project not be considered until the environmental review has been completed and a favorable environmental determination has been issued by the Executive Administrator. With these provisions, staff recommends the prof ect as suitable for use of the pre-design funding option. If PRE-DESIGN The relimina review has been conducted; full review to occur followin commitment. Yes No Applicant has stated that there appear to be no Imown environmental, social or permitting issues that will affect the projector the evaluation of project alternatives, and staff concur based upon preliminary X information. LEGAL SECTION Key Issues Model Subdivision Rules Based on the information provided, the Board's legal staff has determined that the County has adopted and is adequately enforcing the provisions of 31 TAC Chapter 364, the Model Subdivision Rules. CONDITIONS Standard grant conditions and further conditioned at follows: • Executed engineering contract. CERTIFICATIONS The application and documentation submitted by the applicant for consideration of this financial assistance have been reviewed and have been determined sufficient for the Board's consideration. regory J. Kuchy De u Executive Ad ' tr I have reviewed the application and legal documentation submitted by the applicant and have determined that the application contains the ~ ~ information required by the applicable statutes and rules. for consideration b the Board. oe Re ds, Attome The application and documentation submitted by the applicant for " ~ consideration of this financiat assistance have been reviewed and have % / C ~ been determined sufficient for the Board's consideration. Mire a Lcewe, Pro'ect Lead I have reviewed the application and financial documentation submitted by the applicant and have detenmined that the application and documentation are sufficient. from a financial perspective for consideration b the Board. Je Ica u a, Financial al t I have reviewed the application and engincering documentation s d submitted by the applicant and. have determined that the application and ~' '" ~~y` ~ /~ • ~ documentation are sufficient from an engineering perspective for ~ + ~- i ~ consideration b the Board. Nicolas Palacios, P.E. P En ineer Q~ I have reviewed the application and environmental documentation ~ submitted by the applicant and have determined that the application and documentation are sufficient from an environmental perspective for consideration b the Board. Ray Mathew ,Environmental Reviewer For additional information of review of the memorandums regarding this application, please refer to the applicant's files. Attachments: 1. Resolution (08- ) 2. Location Map