R-2012-072-2012-05-21 RESOLUTION NO. R2012-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BRAZOSPORT
WATER AUTHORITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland
and the Brazosport Water Authority, a copy of which is attached hereto as Exhibit"A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Interlocal Agreement with the Brazosport Water
Authority.
PASSED, APPROVED and ADOPTED this the 21st day of May A.D., 2012.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2012-72
CITY OF PEARLAND
INTERLOCAL AGREEMENT PROVIDING FOR PARTICIPATION
IN A REGIONAL WATER FACILITY PLANNING STUDY.
This interlocal agreement is entered into by and between the City of Pearland, a
municipality located within Brazoria County, Texas (hereinafter "the City") and
Brazosport Water Authority (hereinafter "BWA"), a body politic and conservation
and reclamation district formed under Article 16, Section 59 of the Texas
Constitution, as permitted by§791.011(c) of the Texas Government Code.
RECITALS
WHEREAS, Brazosport Water Authority has submitted and received a grant from the
Texas Water Development Board (TWDB) to develop a plan for regional water facilities
to serve existing and future populations in Brazoria County; and
WHEREAS, the City of Pearland is a (community, legal entity, or governmental entity)
that is physically located in the area of the proposed plan and which would benefit from
the proposed plan to determine its future water needs because it is served by either
surface water or from groundwater supplies; and
WHEREAS, other Cities, legal entities, and governmental entities also exist in the
proposed plan area also wish to cooperate with Brazosport Water Authority to
accomplish the establishment of water plan, acknowledging that Brazosport Water
Authority shall provide project management and act as the overall project sponsor; and
WHEREAS, the City of Pearland, Brazosport Water Authority and all other entities
choosing to participate in this endeavor wish to use this proposed plan to better provide
water system redundancy and reliability as well as the efficient sharing of resources; and
WHEREAS, the plan will determine the feasibility of developing a regional water
system or supplementing the current water systems in the area with a desalination water
plant, provide planning for a reliable water supply, provide options for smaller water
systems in the area to connect to larger water systems, and outline water conservation and
protection of water quality for the region;
The parties to this Agreement hereby agree as follows:
I. STATEMENT OF SERVICES TO BE PERFORMED
1) The City, along with the other project participants, will share the costs as set
forth below and contribute to the study and development of a regional facility
plan (the "Study") for the provision of regional water distribution and
treatment facilities in the Brazoria County area by providing both cash and in-
kind services as specifically outlined by Contract No. 1248321449 between
the TWDB and the BWA which is attached hereto as EXHIBIT A (the
"Contract").
2) The Study shall involve a number of cities, industries and unincorporated
areas located in Brazoria County. The Study area includes the incorporated
limits and extraterritorial jurisdiction of the Cities of Alvin, Angleton,
Brazoria, Clute, Freeport, Lake Jackson, Manvel, Oyster Creek, Pearland and
Richwood plus the surrounding unincorporated areas in Brazoria County.
3) BWA is utilizing the services of a professional engineering consultant
("Engineer") to perform the planning study which will include the preparation
of presentation materials, draft of the report and the preparation and
presentation of final reports.
4) All participants acknowledge and agree that BWA shall serve as the project
manager and act as the overall project sponsor in the implementation of this
project.
II. RESPONSIBILITIES OF THE PARTIES
1) The City agrees, along with all other participating entities, to provide the
Engineer hired by BWA with GIS files showing its service area boundaries,
including its extraterritorial jurisdiction boundaries and any other
political/known development boundaries. The City also agrees to provide any
and all services and information as specifically outlined by the Contract or as
reasonably required by Engineer.
2) The parties agree to cooperate in good faith with Engineer and with each other
in the preparation of the Study. BWA shall provide copies of the final report
on the Study to all participating parties upon completion (August 31, 2013) of
the Study by Engineer.
3) The parties agree that the parameters of this study shall follow the provisions
of the Contract.
4) Any amendment to this Agreement must be in writing and signed by the
authorized representative for each party to this Agreement.
5) No party to this Agreement may assign its rights and obligations under this '
Contract except by written amendment signed by the authorized representative
for each party to this Agreement.
6) This Agreement shall be construed under and in accordance with the laws of
the State of Texas.
7) The City and BWA recognize and agree that BWA, in performance of this
Agreement, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. All employees of BWA
shall remain BWA employees, and shall not be considered agents, employees,
or borrowed servants of the City.
8) In addition to the cash contribution, the City acknowledges that as a
participant in this study, it shall provide documentation of its local share costs
of in-kind services to this Study. The City shall provide this documentation
on a quarterly basis to the BWA as required by TWDB.
9) The City shall appoint a representative for this project to assist BWA and all
other participants in coordinating the scope of work and in obtaining available
data for the development of the Regional Facility Plan. The liaison shall
participate in public meetings with all other participants and assist the BWA
in preparing any and all reports and providing requested financial records
according to the contract outlined in EXHIBIT A to this Agreement.
10)The City and BWA also agree to accept the authority of the State Auditor's
Office to conduct any audits and investigations in connection with any and all
state funds received pursuant to the project. The City and BWA agree to give
access to any information the State Auditor considers relevant to the
investigation or audit.
III. CONTRACT AMOUNT AND PAYMENT OF SERVICES
1) The City specifically acknowledges that the participants in this study shall
provide a portion of the local share costs required for this study. The
participants in this study shall collectively pay $154,000 ($136,500 cash and
$17,500 in-kind contributions) or 50% of the total study costs or individual
payment request. Specifically, the City shall pay in the amounts not to exceed
$10,000 cash and $1,000 in-kind to this project, which funds shall be paid
from the current revenues as required by §791.011(d)(3) of the Texas
Government Code.
2) Within thirty (30) days following the execution of this Agreement, the City
shall provide its respective cash contribution to BWA.
3) BWA shall be permitted to withdraw from the cash contrributions for work
performed by it or its contractors, associated with this Agreement, as each
payment becomes due. No payments shall be drawn in advance of the work
being performed or without a receipt of an invoice for work performed.
IV. TERM OF AGREEMENT
The term of this agreement is to begin when fully executed, and shall terminate on
completion of the Study, August 31, 2013.
IN WITNESS WHEREOF, the governing bodies of both the Brazosport Water
Authority and the City have approved and adopted this Agreement and have
caused this Agreement to be executed. It shall become effective upon the date
that both parties have signed this Agreement.
The undersigned represent they have the authority to execute this agreement on
behalf of the City of Pearland and Brazosport Water Authority.
AGREED to and ADOPTED by the Board of Direc rs o Brazosport Water
Authority (BWA) on this )5' day of 2012.
Ronald Woodruff, B General Manager
AGREED to and ADOPTED by the City of Pearland, Texas on this 21st day of
May, 2012.
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Bill' se , rty Manager City of Pearland
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Yo Lortii ccr ry, of Pearland fr Yri
EXI-IIBIT A
•
CONTRACT ADMIN1STRA TUC)t
STATE OF TEXAS 1012 ASP I 8 PM 21 32 TWDB Contract No. 124832144.9
COUNTY OF TRAVIS Research and Planning Fund
BRAZOSPORT WATER AUTHORITY
THIS Contract, (hereinafter "CONTRACT"),between the Texas Water Development Board
(hereinafter"TWDB")and the CONTRACTOR(hereinafter "CONTRACTOR(S)"), is composed
of two parts,SECTION I-SPECIFIC CONDITIONS AND EXCEPTIONS TO THE
STANDARD AGREEMENT and SECTION II-STANDARD AGREEMENT.
SECTION I - SPECIFIC CONDITIONS AND EXCEPTIONS TO
STANDARD AGREEMENT
ARTICLE I DEFINITIONS
For the purposes of this CONTRACT,the following terms or phrases shall have the meaning
ascribed therewith:
1. TWDB -The Texas Water Development Board,or its designated representative
2. CONTRACTOR(S)—Brazosport Water Authority,a Texas conservation and reclamation
district formed under Article 16,Section 59 of the Texas Constitution.
3. EXECUTIVE ADMINISTRATOR-The Executive Administrator of the TWDB or
his/her designated representative
4. PARTICIPANT(S)—Brazosport Water Authority, Brazoria County,Gulf Coast Water
Authority,Brazoria County Groundwater Conservation District,Port Freeport,the Cities
• of Alvin,Angleton,Brazoria, Clute,Freeport,Lake Jackson,Marvel,Oyster Creek,
Pearland,Richwood, Conoco Phillips,Dow Chemical,and Ineos O&P USA
5. REQUIRED INTERLOCAL AGREEMENT(S)—N/A
6. REGIONAL FACILITY PLAN—Regional Water Supply Facility Planning
7. TWDB APPROVAL DATE—March 1,2012
8. DEADLINE FOR CONTRACT EXECUTION—July 20, 2012
9. CONTRACT INITIATION DATE—March 1,2012
10. STUDY COMPLETION DATE—August 31, 2013
Section I,Page 1 of 2 •
11. EXPIRATION DATE-January 31,2014
12. TOTAL STUDY COSTS-$308,000.00
13. TWDB SHARE OF THE TOTAL STUDY COSTS -the lesser of$154,000.00 or 50
percent of the total study costs.
14. LOCAL SHARE OF THE TOTAL STUDY COSTS -$154,000.00 in cash and/or in-kind
contributions or 50 percent of the total study costs.
15. PAYMENT REQUEST SCHEDULE-Quarterly
16. • OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD
AGREEMENT OF THIS CONTRACT-N/A
IN WITNESS WHEREOF, the parties have caused this CONTRACT to be duly executed in
multiple originals.
TEXAS WATER DEVELOPMENT BOARD BRAZOSPORT WATER AUTHORITY
91.101 ell) •
Mel 'e Callahan Ronnie Woodruff
Executive Administrator General Manager
Date: `i L1 f lz- Date: L/-/1"
Section I,Page 2 of.2
SECTION II - STANDARD AGREEMENT
ARTICLE I RECITALS
Whereas,the CONTRACTOR(S)applied to the TWDB,Austin, Texas for a planning grant to
develop a REGIONAL FACILITY PLAN;
•
Whereas,the CONTRACTOR(S) and PARTICIPANT(S)will commit cash and/or in-kind
services to pay for the local share of this planning project;
Whereas,the CONTRACTOR(S)will be responsible for the execution of this contract;
Whereas,on the TWDB APPROVAL DATE, the Texas Water Development Board approved the
CONTRACTOR(S)'s application for financial assistance;
•
Now,therefore,the TWDB and the CONTRACTOR(S), agree as follows:
ARTICLE II PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED
1. The TWDB enters into this CONTRACT pursuant to Water Code§15.406,Subchapter A,
and associated rules of the Texas Administrative Code,Title 31,Part 10, Chapter 355;
EXHIBIT A, ORIGINAL GRANT APPLICATION; EXHIBIT B, SCOPE OF WORK;
EXHIBIT C,TASK AND EXPENSE BUDGETS;EXHIBIT D,GUIDELINES FOR
AUTHORS SUBMITTING CONTRACT REPORTS TO THE TEXAS WATER
DEVELOPMENT BOARD, and EXHIBIT E,TWDB GUIDELINES FOR A
PROGRESS REPORT which are incorporated herein and made a permanent part of this
CONTRACT; and this CONTRACT.
2. The CONTRACTOR(S) will prepare a REGIONAL FACILITY PLAN for the
PLANNING AREA, as delineated and described in EXHIBIT A,according to the Scope
of Work contained in EXHIBIT B. The CONTRACTOR(S) will consider TWDB
population and water use projections, and if not used in the REGIONAL FACILITY
PLAN,provide an explanation of why not used. The CONTRACTOR(S)will develop or
update a water conservation plan in accordance with Texas Administrative Code 355.5,
Subchapter A as a part of this CONTRACT.
3. The CONTRACTOR(S) shall communicate with all cities,counties, councils of
governments,river authorities,regional water planning groups designated under Texas
Water Code §16.053 and 31 Texas Administrative Code §357.4, and all applicable state
agencies, federal agencies, and other governmental entities in the planning area, and all
entities providing water and/or wastewater service in the planning area for the purpose of
coordinating the scope of work and REGIONAL FACILITY PLAN with all existing
studies,plans, or activities for the purpose of providing information and obtaining
available data for the development of the REGIONAL FACILITY PLAN.
Section II,Page 1 of 14
4. The CONTRACTOR(S)will coordinate the REGIONAL FACILITY PLAN with the
• existing plans and policies of the entities listed in Item 3 above,the Texas Commission
on Environmental Quality(TCEQ),and any other affected entities.
5. The CONTRACTOR(S)will hold public meetings with the PARTICIPANTS,
consultants, local entities, the TCEQ,the TWDB, and any interested parties at the
commencement of the project,at 50%completion, within 60 days following the STUDY
COMPLETION DATE , and when deemed necessary by either the TWDB or the
CONTRACTOR(S) to discuss the status of the REGIONAL FACILITY PLAN. The
public meeting shall be held in accordance with the Texas Open Meetings Act. The
CONTRACTOR(S)will solicit input and comments from the affected public on the draft
final report and consider such input and comments for incorporation in the final report
ARTICLE III CONTRACT TERM,SCHEDULE,REPORTS, AND OTHER
PRODUCTS
1. The CONTRACTOR(S)has until the DEADLINE FOR CONTRACT EXECUTION to
execute this CONTRACT and to provide acceptable evidence of any REQUIRED
INTERLOCAL AGREEMENTS and the CONTRACTOR(S) ability to provide the
LOCAL SHARE OF THE TOTAL STUDY COSTS, if applicable,to the EXECUTIVE
ADMINISTRATOR for approval or the TWDB'S SHARE OF THE TOTAL STUDY
COSTS will be rescinded.
2. The term of this CONTRACT shall begin and the CONTRACTOR(S)shall begin
performing its obligations hereunder on the CONTRACT INITIATION DATE and shall
expire on the EXPIRATION DATE. Delivery of an acceptable final report prior to the
EXPIRATION DATE shall constitute completion of the terms of this CONTRACT.
3. A progress report, including results to date,will be provided to the EXECUTIVE
ADMINISTRATOR quarterly,based on the State's Fiscal Year,throughout the project.
Special interim reports on special topics and/or results will be provided as appropriate.
Instructions for the progress report are shown in EXHIBIT E,TWDB GUIDELINES
FOR A PROGRESS REPORT.
4. The CONTRACTOR(S)will complete the SCOPE OF WORK(EXHIBIT B)and will
• deliver four(4)double-sided copies of a draft final report,two(2) electronic copies of the
entire draft final report(one in Portable Document Format(PDF) and one in Microsoft
Word format), an electronic copy of any computer programs, maps,or models along with
an operations manual and any sample data set(s)to the EXECUTIVE
ADMINISTRATOR no later than the STUDY COMPLETION DATE. All final reports
should be prepared according to EXHIBIT D,GUIDELINES FOR AUTHORS
SUBMITTING CONTRACT REPORTS TO THE TEXAS WATER DEVELOPMENT
BOARD. After a 45-day review period,the EXECUTIVE ADMINISTRATOR will
return review comments to the CONTRACTOR(S).
Section II,Page 2 of 14
•
5. The CONTRACTOR(S)will consider incorporating comments from the EXECUTIVE •
ADMINISTRATOR and other commentors on the draft final report into a final report.
The CONTRACTOR(S)will include a copy of the EXECUTIVE ADMINISTRATOR'S
comments in the final report.The CONTRACTOR(S) will submit one(1)electronic copy
of the entire FINAL REPORT in Portable Document Format(PDF)and seven(7)bound
double-sided copies of the final report to the EXECUTIVE ADMINISTRATOR no later
than ninety(90) days after the STUDY COMPLETION DATE. The CONTRACTOR(S)
will submit one(1)electronic copy of any computer programs or models and an
operations manual developed under the terms of this CONTRACT. In compliance with
Texas Administrative Code,Title 1,Part 10,Chapters 206 and 213 (related to
Accessibility and Usability of State Web Sites),the digital copy of the final report will
comply with the requirements and standards specified in statute. After a 30-day review
period,the EXECUTIVE ADMINISTRATOR will either accept or reject the final report.
If the final report is rejected, the rejection letter sent to the CONTRACTOR(S)shall state
the reasons for rejection and the steps the CONTRACTOR(S)need to take to have the
final report accepted and the retainage released. An extension of the CONTRACT will be
prepared if necessary to allow time for the CONTRACTOR(S)to resubmit the FINAL
REPORT.
6. The EXECUTIVE ADMINISTRATOR can extend the STUDY COMPLETION DATE
and the EXPIRATION DATE upon written approval. The CONTRACTOR(S) should
notify the EXECUTIVE ADMINISTRATOR in writing within ten(10)working days
prior to the COMPLETION DATE or thirty(30) days prior to the EXPIRATION DATE
that the CONTRACTOR(S)is requesting an extension to the respective dates.
ARTICLE IV COMPENSATION,REIMBURSEMENT AND REPAYMENT
1. The TWDB agrees to compensate and reimburse the CONTRACTOR(S) in a total
amount not to exceed the TWDB'S SHARE OF THE TOTAL STUDY COSTS for costs
incurred and paid by the CONTRACTOR(S)pursuant to performance of this
CONTRACT. The CONTRACTOR(S)will contribute local matching funds, if
applicable, in sources and amounts'defined as the LOCAL SHARE OF THE TOTAL
STUDY COSTS. The TWDB shall reimburse the CONTRACTOR(S)for ninety percent
(90%)of the TWDB's share of each invoice pending the CONTRACTOR(S)'s
performance, completion of a Final Report, and written acceptance of said Final Report
by the EXECUTIVE ADMINISTRATOR,at which time the TWDB shall pay the
retained ten percent(10%)to the CONTRACTOR(S).
Section II,Page 3 of 14
2. The CONTRACTOR(S)shall submit payment requests and documentation for •
reimbursement billing according to the PAYMENT REQUEST SCHEDULE and in
accordance with the approved task and expense budgets contained in EXHIBIT C of this
CONTRACT. The CONTRACTOR has budget flexibility within task and expense
budget categories to the extent that the resulting change in amount in any one task or
expense category does not exceed 35% of the total amount for the task or category as .
authorized by this CONTRACT. Larger deviations shall require approval by the
EXECUTIVE ADMINISTRATOR or designee which will be documented through an
Approved Budget Memorandum to the TWDB contract file. The CONTRACTOR will
be required to provide written explanation for the overage and reallocation of the task and
expense amounts.
For all reimbursement requests, including any subcontractor's expenses,the EXECUTIVE
ADMINISTRATOR must have determined that the REQUIRED INTERLOCAL
AGREEMENT(S)and contracts or agreements between the CONTRACTOR(S)and the
subcontractors are consistent with the terms of this CONTRACT. The
CONTRACTORS) is fully responsible for paying all charges by subcontractors prior to
reimbursement by the TWDB.
3. The CONTRACTOR(S) and its subcontractors shall maintain satisfactory financial
accounting documents and records, including copies of invoices and receipts, and shall
make them available for examination and audit by the EXECUTIVE
ADMINISTRATOR. Accounting by the CONTRACTOR(S) and its subcontractors shall
be in a manner consistent with Generally Accepted Accounting Principles (GAAP).
4. By executing this Contract, the CONTRACTOR(S)accepts the authority of the State
Auditor's Office,under direction of the legislative audit committee,to conduct audits and
investigations in connection with any and all state funds received pursuant to this
contract. The CONTRACTOR(S)shall comply with and cooperate in any such
investigation or audit.The CONTRACTOR(S) agrees to provide the State Auditor with
access to any information the State Auditor considers relevant to the investigation or
audit. The CONTRACTOR(S)also agrees to include a provision in any subcontracts
related to this contract that requires the subcontractors to submit to audits and
investigation by the State Auditor's Office in connection with any and all state funds
received pursuant to the subcontracts.
5. The CONTRACTOR(S) shall provide to the EXECUTIVE ADMINISTRATOR written
documentation of the TOTAL STUDY COSTS for the reporting period for •
reimbursement by the TWDB to the CONTRACTOR(S)for the TWDB'S SHARE OF
THE TOTAL STUDY COSTS (Written documentation shall be submitted even if the
TOTAL STUDY COSTS for the period is ZERO). The CONTRACTOR(S)shall submit
the following:
a. Completed and Signed Payment Request Checklist which includes the following:
i. TWDB CONTRACT Number;
• ii. Total expenses for the billing period;beginning(date)to ending(date);
Section II,Page 4 of 14
•
iii. Total Services for this period;
iv. Total In-kind services;
v. Less Local Share of the total study costs for the billing period;
vi. TotalTWDB's share of the total study costs for the billing period;
vii. Amount of retainage to be withheld for the billing period;
viii. Total costs to be reimbursed by the TWDB for the billing period;and
ix. Certification, signed by the CONTRACTOR(S) authorized representative,
• that the expenses submitted for the billing period are a true and correct
representation of amounts paid for work performed directly related to this
contract.
b. For direct expenses incurred by the CONTRACTOR(S) other than subcontracted
work:
i. A spreadsheet showing the tasks that were performed; the percent and cost
of each task completed; a total cost figure for each direct expense category
including labor,fringe, overhead,travel, and other expenses; and
ii. Copies of invoices for other expenses
c. For direct expenses incurred by the CONTRACTOR(S)for subcontracted work:
i. Copies of invoices from the subcontractors to the CONTRACTOR(S) and
proof of payment
ii. A spreadsheet showing the tasks that were performed; the percent and cost
of each task completed;a total cost figure for each direct expense category
including labor, fringe,overhead,travel,and other expenses; and
iii. Copies of invoices for other expenses
d. For travel expenses for the CONTRACTORS)and/or subcontractors—
i. Names, dates,work locations,time periods at work locations, itemization
of subsistence expenses of each employee,limited,however, to travel
expenses authorized for state employees by the General Appropriations
Act,Tex.Leg. Regular Session,2011,Article IX,Part 5, as amended or
superceded. Receipts required for lodging.
ii. Copies of invoices or receipts for transportation costs or, if mileage costs,
• names, dates, and points of travel of individuals; and
iii. All other reimbursable travel expenses-- invoices or purchase vouchers
showing reason for expense with receipts to evidence the amount incurred.
e. A progress report as described in Article III,Paragraph 3.
6. Reimbursement Requests that lack required documentation will be denied or short paid if
deficiencies are not resolved within ten(10)business days. Denied Reimbursement
Requests or eligible expenses that were short paid must be resubmitted by the
CONTRACTOR(S)with the required documentation to be reconsidered for
reimbursement.
7. If for some reason the reimbursement request cannot be processed due to the need for an
amendment to the CONTRACT,the CONTRACTOR(S)will be required to resubmit the
. Payment Request Checklist dated after the execution.of the amendment.
Section II,Page 5 of 14
8. The CONTRACTOR is responsible for any food or entertainment expenses incurred by
its own organization or that of its subcontractors, outside that of eligible travel expenses
authorized and approved by the State of Texas under this CONTRACT.
9. The CONTRACTOR(S)is responsible for submitting any final payment request and
documentation for reimbursement, along with a request to release any retained funds,no
later than 120 days following the EXPIRATION DATE. Failure to submit a timely final
payment request may result in the release of the retained funds to the CONTRACTOR(S)
and a lapse and closure of any other remaining funding under this CONTRACT.
• ARTICLE V INTELLECTUAL PROPERTY: OWNERSHIP,PUBLICATION,
AND ACKNOWLEGEMENT
1. "For purposes of this Article,"CONTRACTOR(S)Works" are work products developed
by CONTRACTOR(S) and subcontractors using funds provided under this CONTRACT
or otherwise rendered in or related to the performance in whole or part of this
CONTRACT, including but not limited to reports,drafts of reports,or other material,
data, drawings, studies, analyses,notes, plans,computer programs and codes, or other
work products,whether final or intermediate.
a. It is agreed that all CONTRACTOR(S)Works shall be the joint property of the
TWDB and CONTRACTOR(S).
b. The parties hereby agree that, if recognized as such by applicable law,the
CONTRACTOR(S)Works are intended to and shall be works-made-for-hire with
joint ownership between the TWDB and CONTRACTOR(S) as such works are
created in whole or part.
c. If the CONTRACTOR(S)Works do not qualify as works-made-for-hire under
applicable law,CONTRACTOR(S)hereby conveys co-ownership of such works
to the TWDB as they are created in whole or part. If present conveyance is
ineffective under applicable law,CONTRACTOR(S)agree to convey a co-
ownership interest of the CONTRACTOR(S)Works to the TWDB after creation
in whole or part of such works,and to provide written documentation of such
conveyance upon request by the TWDB.
d. The TWDB and CONTRACTOR(S) acknowledge that the copyright in and to a
copyrightable CONTRACTOR(S)Works subsists upon creation of the
CONTRACTOR(S)Works and its fixing in any tangible medium.
CONTRACTOR(S) or the TWDB may register the copyrights to such Works
jointly in the names of the CONTRACTOR(S)and the TWDB.
e. The TWDB and CONTRACTOR(S)each shall have full and unrestricted rights to
use a CONTRACTOR(S)Works with No Compensation Obligation.
2. For purposes of this Article,"Subcontractor Works"include all work product developed
in whole or part by or on behalf of subcontractors engaged by CONTRACTOR(S)to
perform work for or on behalf of any CONTRACTOR(S)under this CONTRACT(or by
the subcontractors' subcontractors hereunder, and so pn). CONTRACTOR(S)shall
secure in writing from any subcontractors so engaged:
Section 11,Page 6 of 14
a. Unlimited,unrestricted,perpetual, irrevocable,royalty-free rights of the TWDB
(and, if desired,of CONTRACTOR(S)to access and receive, and to use, any and
all technical or other data or information developed in or resulting from the
performance of services under such engagement, with No Compensation
Obligation; and either
b. Assignment by the subcontractors to the TWDB (and, if desired by them,jointly
to the CONTRACTOR(S)of ownership(or joint ownership with the •
subcontractors of all Subcontractor Works,with No Compensation Obligation; or
c. Grant by subcontractors of a non-exclusive,unrestricted, unlimited,perpetual,
irrevocable, world-wide,royalty-free license to the TWDB (and, if desired by
them, the CONTRACTOR(S)to use any and all Subcontractor Works,including
the right to sublicense use to third parties, with No Compensation Obligation.
3. "Use" of a work product,whether a CONTRACTOR(S)Works,a Subcontractor Works
or otherwise, shall mean and include, without limitation hereby,any lawful use,copying
or dissemination of the work product,or any lawful development,use,copying or
dissemination of derivative works of the work product,in any media or forms,whether
now known or later existing.
4. "No Compensation Obligation"shall mean there is no obligation on the part of one co-
owner or licensee of a work,whether a CONTRACTOR(S)Works,a Subcontractor
Works or otherwise, to compensate other co-owners, licensees or licensors of the work
for any use of the work by the using co-owner or licensee,including but not limited to
compensation for or in the form of: royalties;co-owner or licensee accounting; sharing of
revenues or profits among co-owners,licensees or licensors;or any other form of
compensation to the other co-owners,licensees or licensors on account of any use of the
work.
5. "Dissemination"shall include, without limitation hereby, any and all manner of: physical
distribution;publication; broadcast; electronic transmission; internet streaming;posting
on the Internet or world wide web;or any other form of communication, transmission,
distribution, sending or providing,in any forms or formats, and in or using any media,
whether now known or later existing.
6. The TWDB shall have an unlimited,unrestricted,perpetual, irrevocable,non-exclusive
royalty-free right to access and receive in usable form and format,and to use all technical
or other data or information developed by CONTRACTOR(S)and subcontractors in,or
otherwise resulting from,the performance of services under this CONTRACT.
7. No unauthorized patents. CONTRACTOR(S)Works and Subcontractor Works or other
•
work product developed or created in the performance of this CONTRACT or otherwise
using funds provided hereunder shall not be patented by CONTRACTOR(S)or their
subcontractors unless the Executive Administrator consents in writing to submission of •
an application for patent on such works;and provided that,unless otherwise agreed in .
•
writing:
•
Section 11,Page 7 of 14
•
•
a. Any application made for patent shall include and name the TWDB (and, as
applicable and desired by them,CONTRACTOR(S) as co-owners of the patented
work;
b. No patent granted shall in any way limit,or be used by CONTRACTOR(S)or
subcontractors to limit or bar the TWDB's rights hereunder to access and receive
in useable form and format, and right to use, any and all technical or other data or
information developed in or resulting from performance pursuant to this
CONTRACT or the use of funds provided hereunder; and
c. The TWDB and, if applicable,the CONTRACTOR(S)shall have no
compensation obligation to any other co-owners or licensees of any such patented
work, unless otherwise expressly agreed in writing.
8. CONTRACTOR(S)shall include terms and conditions in all contracts or other
engagement agreements with any subcontractors as are necessary to secure these rights
and protections for the TWDB; and shall require that their subcontractors include similar
such terms and conditions in any contracts or other engagements with their
subcontractors. For the purposes of this section, "subcontractors"includes independent
contractors(including consultants)and employees working outside the course and scope
of employment.
9. Any work products subject to a TWDB copyright or joint copyright and produced or
developed by the CONTRACTOR(S)or their subcontractors pursuant to this
CONTRACT or using any funding provided by the TWDB may be reproduced in any
media,forms or formats by the TWDB or CONTRACTOR(S) at their own cost, and be
disseminated in any medium, format or form by any party at its sole cost and in its sole
discretion. CONTRACTOR(S)may utilize such work products as they may deem
appropriate, including dissemination of such work products or parts thereof under their
own name,provided that any TWDB copyright is noted on the materials.
10. The CONTRACTOR(S) agrees to acknowledge the TWDB in any news releases or other
publications relating to the work performed under this CONTRACT.
ARTICLE VI AMENDMENT,TERMINATION,AND STOP ORDERS
• 1. This CONTRACT may be altered or amended by mutual written consent or terminated by
the EXECUTIVE ADMINISTRATOR at any time by written notice to the
CONTRACTOR(S). Upon receipt of such termination notice,the CONTRACTOR(S)
shall,unless the notice directs otherwise, immediately discontinue all work in connection
with the performance of this CONTRACT and shall proceed to cancel promptly all
existing orders insofar as such orders are chargeable to this CONTRACT. The
CONTRACTOR(S) shall submit a statement showing in detail the work performed under
this CONTRACT to the date of termination. The TWDB shall then pay the
CONTRACTOR(S)promptly that proportion of the prescribed fee, which applies to the
work, actually performed under this CONTRACT,less all payments that have been
previously made. Thereupon, copies of all work accomplished under this CONTRACT
Section II,Page 8 of 14
shall be delivered to the TWDB.
•
2. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the
CONTRACTOR(S) at any time for cause as a result of a violation of this CONTRACT.
Upon receipt of such order,the CONTRACTOR(S)shall discontinue all work under this
CONTRACT and cancel all orders pursuant to this CONTRACT,unless the order directs
otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order
within 60 days after receipt by the CONTRACTOR(S)of the Stop Work Order,the
CONTRACTOR(S) shall regard this CONTRACT terminated in accordance with the
foregoing provisions.
ARTICLE VII SUBCONTRACTS
Each Subcontract entered into to perform required work under this CONTRACT shall contain
the following provisions:
1. a detailed budget estimate with specific cost details for each task or specific item of work
to be performed by the subcontractor and for each category of reimbursable expenses;
• 2. a clause stating that the Subcontract is subject to audit by the Texas State Auditor's
Office and requiring the subcontractor to cooperate with any request for information from
the Texas State Auditor, as further described in Article X,Section 1,Paragraph d
hereof;
3. a clause stating that payments under the Subcontract are contingent upon the
appropriation of funds by the Texas Legislature,as further described in Article X,
Section 1,Paragraph a hereof;
4. a clause stating that ownership of data,materials and work papers, in any media, that is
gathered,compiled,adapted for use,or generated by the subcontractor or the
CONTRACTOR(S)shall become data,materials and work owned by the TWDB and that
subcontractor shall have no proprietary rights in such data,materials and work papers,
except as further described in Article V hereof; and
5. a clause stating that subcontractor shall keep timely and accurate books and records of
accounts according to generally acceptable accounting principles as further described in
Article X,Section 2,Paragraph g; and
6. a clause stating that subcontractor is solely responsible for securing all required licenses
and permits from local,state and federal governmental entities and that subcontractor is
solely responsible for obtaining sufficient insurance in accordance with the general
standards and practices of the industry or governmental entity; and
•
• Section II,Page 9 of 14
•
7. a clause stating that subcontractor is an independent contractor and that the TWDB shall
have no liability resulting from any failure of subcontractor that results in breach of
CONTRACT,property damage,personal injury or death.
ARTICLE VIII LICENSES,PERMIT,AND INSURANCE
1. For the purpose of this CONTRACT,the CONTRACTOR(S)will be considered an
independent contractor and therefore solely responsible for liability resulting from
negligent acts or omissions. The CONTRACTOR(S)shall obtain all necessary insurance,
in the judgment of the CONTRACTOR(S),to protect themselves,the TWDB,and
• employees and officials of the TWDB from liability arising out of this CONTRACT.
2. The CONTRACTOR(S)shall be solely and entirely responsible for procuring all
appropriate licenses and permits,which may be required by any competent authority for
the CONTRACTOR(S)to perform the subject work.
3. Indemnification. The CONTRACTOR(S) shall indemnify and hold the TWDB and the
State of Texas harmless,to the extent the CONTRACTOR(S)may do so in accordance
with state law, from any and all losses, damages,liability, or claims therefore,on account
of personal injury, death,or property damage of any nature whatsoever caused by the
CONTRACTOR(S), arising out of the activities and work conducted pursuant to this
CONTRACT. The CONTRACTOR(S)is/are solely responsible for liability arising out
• of its negligent acts or omissions during the performance of this CONTRACT.
ARTICLE IX SEVERANCE PROVISION
Should any one or more provisions of this CONTRACT be held to-be null, void, voidable,or for
any reason whatsoever,of no force and effect, such provision(s)shall be construed as severable
from the remainder of this CONTRACT and shall not affect the validity of all other provisions of
this CONTRACT which shall remain of full force and effect.
ARTICLE X GENERAL TERMS AND CONDITIONS
1. GENERAL TERMS
a. No Debt Against the State. This CONTRACT does not create any debt by or on
behalf of the State of Texas and the TWDB. The TWDB's obligations under this
CONTRACT are contingent upon the availability of appropriated funds and the
continued legal authority of the TWDB to enter into this CONTRACT.
b. Independent Contractor. Both parties hereto, in the performance of this
contract, shall act in an individual capacity and not as agents,employees,partners,
joint ventures or associates of one another. The employees or agents of one party
shall not be deemed or construed to be the employees or agents of the other party
for any purposes whatsoever.
Section II,Page 10 of 14
c. Procurement Laws. The CONTRACTOR(S)shall comply with applicable State
of Texas procurement laws,rules and policies, including but not limited to
competitive bidding and the Professional Services Procurement Act,Government
Code, Chapter 2254,relating to contracting with persons whose services are
within the scope of practice of: accountants, architects, landscape architects, land
surveyors,medical doctors,optometrists,professional engineers,real estate
appraisers,professional nurses, and certified public accountants.
d. Right to Audit. The CONTRACTOR(S) and its subcontractors shall maintain all
financial accounting documents and records, including copies of all invoices and
receipts for expenditures,relating to the work under this CONTRACT.
CONTRACTOR(S)shall make such documents and records available for
examination and audit by the Executive Administrator or any other authorized
entity of the State of Texas. CONTRACTOR(S)'s financial accounting
documents and records shall be kept and maintained in accordance with generally
accepted accounting principles. By executing this CONTRACT, the
CONTRACTOR(S) accepts the authority of the Texas State Auditor's.Office to
conduct audits and investigations in connection with all state funds received
pursuant to this CONTRACT.The CONTRACTOR(S) shall comply with
directives from the Texas State Auditor and shall cooperate in any such .
investigation or audit. The CONTRACTOR(S)agrees to provide the Texas State
Auditor with access to any information the Texas State Auditor considers relevant
to the investigation or audit. The CONTRACTOR(S)also agrees to include a
provision in any Subcontract related to this CONTRACT that requires the
subcontractor to submit to audits and investigation by the State Auditor's Office in
connection with all state funds received pursuant to the Subcontract.
e. Force Maieure. Unless otherwise provided,neither CONTRACTOR(S)nor the
TWDB nor any agency of the State of Texas, shall be liable to the other for any
delay in,or failure of performance, of a requirement contained in this
CONTRACT caused by force majeure. The existence of such causes of delay or
failure shall extend the period of performance until after the causes of delay or
failure have been removed provided the non-performing party exercises all
reasonable due diligence to perform. Force majeure is defined as acts of God,
war,strike,fires, explosions,or other causes that are beyond the reasonable
control of either party and that by exercise of due foresight such party could not
reasonably have been expected to avoid, and which,by the exercise of all
reasonable due diligence,such party is unable to overcome. Each party must
inform the other in writing with proof of receipt within five(5)business days of
the existence of such force majeure or otherwise waive this right as a defense.
Section II,Page 11 of 14
2. STANDARDS OF PERFORMANCE
a. Personnel. CONTRACTOR(S) shall assign only qualified personnel to perform
the services required under this CONTRACT. CONTRACTOR(S)shall be
responsible for ensuring that any subcontractor utilized shall also assign only
qualified personnel. Qualified personnel are persons who are properly licensed to
perform the work and who have sufficient knowledge, skills and ability to perform
the tasks and services required herein according to the standards of performance
and care for their trade or profession.
b. Professional Standards. CONTRACTOR(S)shall provide the services and
deliverables in accordance with applicable professional standards.
CONTRACTOR(S)represents and warrants that he is authorized to acquire
subcontractors with the requisite qualifications,experience,personnel and other
resources to perform in the manner required by this CONTRACT.
c. Antitrust. CONTRACTOR(S)represents and warrants that neither
CONTRACTOR(S)nor any firm,corporation,partnership,or institution
represented by CONTRACTOR(S), or anyone acting for such firm,corporation,
partnership,or institution has(1)violated the antitrust laws of the State of Texas
under the Texas Business &Commerce Code,Chapter 15, of the federal antitrust
laws; or(2)communicated directly or indirectly the proposal resulting in this
CONTRACT to any competitor or other person engaged in such line of business
during the procurement process for this CONTRACT.
d. Conflict of Interest. CONTRACTOR(S)represents and warrants that
CONTRACTOR(S)has no actual or potential conflicts of interest in providing the
deliverables required by this CONTRACT to the State of Texas and the TWDB.
CONTRACTOR(S)represents that the provision of services under this
CONTRACT will not create an appearance of impropriety. CONTRACTOR(S)
also represents and warrants that,during the term of this CONTRACT,
CONTRACTOR(S)will immediately notify the TWDB, in writing,of any
potential conflict of interest that could adversely affect the TWDB by creating the
appearance of a conflict of interest.
CONTRACTOR(S)represents and warrants that neither CONTRACTOR(S)nor
any person or entity that will participate financially in this CONTRACT has
received compensation from the TWDB or any agency of the State of Texas for
participation in the preparation of specifications for this CONTRACT.
CONTRACTOR(S)represents and warrants that he has not given,offered to give,
and does not intend to give at any time hereafter,any economic opportunity,
future employment,gift,loan,gratuity, special discount,trip,favor or service to
any public servant in connection with this CONTRACT.
Section II,Page 12 of 14
e. Proprietary and Confidential Information. CONTRACTOR(S)warrants and
represents that any information that is proprietary or confidential, and is received
by CONTRACTOR(S)from the TWDB or any governmental entity,shall not be
disclosed to third parties without the written consent of the TWDB or applicable
governmental entity, whose consent shall not be unreasonably withheld.
f. Public Information.Act. CONTRACTOR(S)acknowledges and agrees that all
documents, in any media,generated in the performance of work conducted under
this CONTRACT are subject to public disclosure under the Public Information
Act,Texas Government Code,Chapter 552. CONTRACTOR(S)shall produce all
documents upon request of the TWDB within two(2)business days when the
documents are required to comply with a request for information under the Public
Information Act.
g. Accurate and Timely Record Beeping. CONTRACTOR(S)warrants and
represents that he will keep timely, accurate and honest books and records relating
to the work performed and the payments received under this CONTRACT
according to generally accepted accounting standards. Further,
CONTRACTOR(S)agrees that he will create such books and records at or about
the time the transaction reflected in the books and records occurs.
h. Dispute Resolution. The CONTRACTOR(S) and the TWDB agree to make a
good faith effort to resolve any dispute relating to the work required under this
CONTRACT through negotiation and mediation as provided by Texas
Government Code,Chapter 2260 relating to resolution of certain contract claims
against the state. The CONTRACTOR(S) and the TWDB further agree that they
shall attempt to use any method of alternative dispute resolution mutually agreed
upon to resolve any dispute arising under this CONTRACT if this CONTRACT is
not subject to Chapter 2260.
Contract Administration. The TWDB shall designate a project manager for this
CONTRACT. The project manager will serve as the point of contact between the
TWDB and CONTRACTOR(S). The TWDB's project manager shall supervise
the TWDB's review of CONTRACTOR(S)'s technical work, deliverables, draft
reports,the final report,payment requests,schedules,financial and budget
administration, and similar matters. The project manager does not have any
express or implied authority to vary the terms of the CONTRACT, amend the
CONTRACT in any way or waive strict performance of the terms or conditions of
the CONTRACT.
Section II,Page 13 of 14
•
ARTICLE XI CORRESPONDENCE
All correspondence between the parties shall be made to the following addresses:
For the TWDB: For the CONTRACTOR:
Contract Issues: Contract Issues:
Texas Water Development Board Ronnie Woodruff
Attention: Contract Administration Brazosport Water Authority
P.O.Box 13231 1251 FM 2004
Austin,Texas 78711-3231 Lake Jackson,Texas 77566
Email: contracts @twdb.texas.gov Email: rewoodruff@att.net
Payment Request Submission: Payment Request Submission:
Texas Water Development Board Ronnie Woodruff
Attention: Accounts Payable Brazosport Water Authority
P.O.Box 13231 1251 FM 2004
Austin,Texas 78711-3231 Lake Jackson, Texas 77566
Email: invoice@twdb.texas.gov Email: rewoodruff@att.net
Physical Address: Physical Address:
Stephen F.Austin State Office Building 1251 FM 2004
1700 N. Congress Avenue Lake Jackson,Texas 77566
Austin, Texas 78701
•
Section II,Page 14 of 14
EXHIBIT A
ORIGINAL GRANT APPLICATION
Exhibit A,Page 1 of 213
•
EXHIBIT B
SCOPE OF WORK
•
Introduction
Brazosport Water Authority has submitted an application for planning grant assistance to the
Texas Water Development Board(TWDB). The grant will assist the following entities in the
development of a plan for regional water facilities to serve existing and future populations in
Brazoria County:
•Brazosport Water Authority
• Brazoria County;
• Brazoria County Groundwater Conservation District;
• Cities of Alvin,Angleton,Brazoria,Clute,Freeport,Lake Jackson, Manvel, Oyster
Creek,Pearland and Richwood("Cities");
• Port Freeport(Brazos River Harbor Navigation District);
• Gulf Coast Water Authority;
• Ineos O&P USA;
• Conoco Phillips; and,
•Dow Chemical. •
Planning for regional water distribution and treatment facilities is important at this time in order •
to provide system redundancy and reliability of water supply,as well as efficient sharing of
resources. The population in the study area has increased significantly in the past 10 years and is
projected to double over the next 20 years. As a result of the recent drought and anticipated
growth in this area,Brazosport Water Authority intends to develop a regional facility plan to
identify the best possible means to provide water service. The proposed planning study for
Brazoria County would allow the project participants the opportunity to adequately evaluate and
determine the following:
• Feasibility of developing a regional water system to replace and/or supplement the
multiple systems currently in service;
• Investigating the necessary treatment of surface water supplies, including off channel
reservoirs, in order to reduce dependence on groundwater due to the subsidence issue in
Brazoria County;
• Evaluate options, including reuse and desalination, for Brazoria County in detail that
were not evaluated by Region H;
• Options to provide a cost-effective reliable water supply(raw and potable)to municipal
and industrial customers;
• Interconnections of existing water systems,where needed,to provide redundancy in case
of system failures; and,
• Options for smaller water systems that do not want to be in the `water business' to
connect to a larger water system.
Exhibit B,Page 1 of 8
A regional water system(s)would be committed to water conservation and protecting water
quality in the area.
Brazosport Water Authority:
Brazosport Water Authority will provide Project Management and act as overall project sponsor.
Consultant:
Brazosport Water Authority will obtain the services of a professional engineering Consultant to
perform the planning study; services will include preparation of presentation materials
(PowerPoint slides,handouts and exhibits), draft and final reports.
I. Service Area Description
The proposed study would involve a number of municipalities,industrial companies,government
entities and unincorporated areas located in Brazoria County. The study area includes the
incorporated limits and extraterritorial jurisdictions of the Cities of Alvin,Angleton,Brazoria,
Clute,Freeport,Lake Jackson,Manvel,Oyster Creek,Pearland and Richwood and the
surrounding unincorporated areas. A number of the entities are served by either surface water
from the Brazos River or groundwater supplies.
Brazosport Water Authority and Participating Entities:
Brazosport Water Authority and the participating entities will provide the Consultant with GIS
files showing the service area boundaries, which include the participating entities' extraterritorial
jurisdiction boundaries and any other political/known development boundaries;this information
will be provided if available.
Consultant:
Consultant will modify GIS files(if data is available)for developing Exhibits of the study area,
• including topographic maps and layout of final treatment/distribution alternatives.
IL Determination of Water System Demands
The first step in developing the proposed study involves collecting information and developing
population/water demand projections for each entity in the study area. Population and water
demand projections(based on average day demands)will be developed for each entity and
proposed development in five(5)year increments through a 30-year planning horizon, including
build-out. The study will also examine the potential effects of the proposed growth in.the study
area, including the impact on existing infrastructure.
The projected populations will be compared to the Texas Water Development Board's latest
approved population projections for Region H. Any difference between the developed
population projections and TWDB population projections will be noted with an explanation. If
the difference between the study projections(including both population and water demands) and
TWDB projections exceeds 15 percent and the study projections more accurately reflect the
growth in the area,then a letter to the TWDB will be submitted requesting TWDB's approval.
Exhibit B,Page 2 of 8
Maps will be developed of the study area depending on the availability of data that include,but
are not limited to the following: (1)primary water distribution pipelines; (2) water treatment
systems (existing surface water and groundwater); and, (3) areas of projected population growth
and/or anticipated service area expansions. Each of the participating entities has agreed to
provide information regarding their water system, including utility service agreements with
developers (if information is available).
Brazoria County:
Brazoria County will provide the Consultant with relevant engineering studies performed for the
County regarding water master plans for the unincorporated areas (if data is available). The
County will also assist the Consultant with the collection of information regarding future
development proposed within the next 30 years for the study area.
Cities,Brazosport Water Authority and Gulf Coast Water Authority:
The Cities,Brazosport Water Authority and Gulf Coast Water Authority will provide the
Consultant with relevant engineering studies performed for their respective entity related to their
water system(s),including rate studies,water master plans and preliminary engineering studies
and final design drawings (if all data is available). These entities will assist the Consultant with
the collection of information about their existing water treatment facilities (i.e.location,
permitted/design capacity,current capacity and estimated useful life,etc.),existing distribution
system,pump stations and intake structures (if data is available). The Cities,Brazosport Water
Authority and Gulf Coast Water Authority will also assist the Consultant with the collection of
information regarding future development proposed within the next 30-years for their current
service area.
Industrial Companies and Districts:
The Industrial Companies and Districts will provide the Consultant with relevant engineering
studies performed for their water system(s), including water master plans,preliminary
engineering studies and final design drawings(if data is available). These entities will assist the
Consultant with the collection of information about their existing water treatment facilities (i.e.
location,permitted/design capacity,current capacity and estimated useful life, etc.),existing
water distribution system, pump stations and intake structures (if data is available). The Districts
will also assist the Consultant with the collection of information regarding areas served by
groundwater wells, including subsidence and water quality issues.
Consultant:
Consultant will be responsible for the following activities: delineate watersheds,develop water
demand projections,compile population projections,compare and discuss differences between
population and demand projections(Entity vs.TWDB),develop water demands over the 30-year
planning horizon, and develop exhibits showing existing and proposed water distribution and
treatment facilities(depending on availability of existing data).
Exhibit B,Page 3 of
III. Prepare Distribution System Alternatives
Alternatives will be developed for connecting existing water lines into an overall regional water
distribution system within the study area. The study will also investigate how to integrate into
the regional water system those areas primarily served by either groundwater and/or surface
water and needing interconnections to nearby systems for redundancy purposes or to diversify
their water supply portfolio. Brazosport Water Authority and the participating entities will be
involved in the proposed layout of a regional distribution system to serve existing and proposed
developments.
•
Distribution system alternatives will include conventional gravity and/or pressure systems.
System storage requirements and pumping scenarios will be identified for potential distribution
alternatives. In order to provide accessibility to surface water supplies, options for regional
intake structures will also be identified based on communities' needs and historic lake elevations.
Consultant:
The Consultant will develop recommendations regarding distribution system alternatives to serve
existing/future growth and interconnections of areas served by individual groundwater wells. •
The Consultant will prepare exhibits showing the options for regional distribution systems
selected by the entities for final evaluation.
Brazosport Water Authority and Participating Entities:
Brazosport Water Authority and the participating entities will provide comments to the draft
recommendations presented by the Consultant.
IV. Prepare Treatment System Alternatives
Based on data received from the participating entities,existing water treatment facilities within
the study area will be examined to determine the following: useful life,design capacity and
existing treatment capacity of each facility. Each of the existing and planned treatment facilities
will be evaluated for the potential of expandability and regional operations.
Treatment system alternatives should include,but not be limited to: single regional treatment
facility and multiple treatment facilities. Additional treatment alternatives will also include
evaluating reuse and desalination of groundwater and surface water. These alternatives will also
incorporate the feasibility of blending existing groundwater supplies with surface water from a
treatment standpoint.
Consultant: •
Consultant will develop draft recommendations summarizing the findings of this task in the
report. The Consultant will prepare exhibits showing the options for regional treatment
system(s)selected by the entities for final evaluation.
•
Exhibit B,Page 4 of 8
Brazosport Water Authority aiid,l?articipating Entities:
Brazosport Water Authority and the participating entities will provide comments to the draft
recommendations presented by the Consultant.
V. Operational Alternatives
The study will examine potential operational alternatives for each of the treatment facility
options selected for evaluation. These operational alternatives will include,but not be limited to,
the operation of existing treatment facilities as an independent facility, as a regional system and
as multiple independent regional facilities. The most beneficial operation scenario and
alternatives will be summarized and presented in the report.
This portion of the study will also focus on the needs and interests of the participating entities
• regarding water service. The study will identify system acquisition opportunities for existing
water systems to expand their service,opportunities for existing water systems to extend
wholesale or retail service to other communities/developments and solutions for existing water
systems that no longer want to be in the water utility business.
Consultant:
Consultant will develop recommendations regarding the findings of this task in the report.
Brazosport Water Authority and Participating Entities:
The participating entities and Brazosport Water Authority will work with the Consultant and
assist in identifying potential regional water treatment plant sites and raw water intake sites, if
necessary. The participants will also identify needs and interests for water service(i.e. acquiring
water systems,providing wholesale/retail water service,etc.). Brazosport Water Authority and
the participating entities will provide comments to the recommendations presented by the
Consultant.
VI. Implementation Schedule
An implementation plan will be developed for the phased construction of distribution and •
treatment facilities for the study area over a 30 year planning horizon. The implementation plan
will take into consideration existing system capacities,water quality issues,redundancy needs,
existing infrastructure shortfalls,future developments, anticipated growth, and future annexation
plans. The development of the implementation schedule will be based on trigger points, such as
population growth,water supply needs and available treatment capacity.
Consultant:
Consultant will group the recommended distribution and treatment facilities according to
alternatives evaluated and summarize the phasing of the projects.
Brazosport Water Authority and Participating Entities:
The participating entities and Brazosport Water Authority will provide review comments
regarding the final alternatives presented by the Consultant in the report.
Exhibit B,Page 5 of 8
VII. Cost Estimates and Recommendations
Each regional alternative will be evaluated on a net present worth basis and on a financial basis.
The net present worth analysis will be used to indicate which regional alternative is the most
economical over the life of the project,typically 20 years. The financial analysis will be used to
determine which regional alternative is the least expensive using the financing costs and O&M
costs.
The capital and O&M costs for the recommended regional distribution and treatment system will
be estimated separately and presented in a phased implementation approach. Estimates of the
capital and operation and maintenance(O&M)costs for each participating entity will be
compiled for comparison purposes to show costs of providing water service independently to
their respective service areas.
Brazosport Water Authority and Participating Entities:
Brazosport Water Authority and the participating entities will provide supporting data and recent
bid tabulations for the development of capital and O&M costs (if data is available).
Consultant:
Consultant will develop capital costs and O&M costs for each identified alternative. In addition,
present worth costs will be presented for each alternative.
VIII. Funding Options
Potential funding sources for construction of distribution and treatment systems will be
summarized in the report. The specific criteria,requirements for each funding source and the
amount of available grants and loans (if available)will be presented in this section of the report.
Consultant:
Consultant will summarize the findings and recommendations of this task in the report.
IX. Water Conservation and Drought Management Plans
A Water Conservation Plan and Drought Management Plan will be obtained from each of the
Cities,Industrial Companies and Districts(if information is available)to ensure that existing and
future sources are used efficiently and as a basis for confirming demand projections of future
need. This task will include minimal preparation and/or updating Water Conservation Plans and
Drought Management Plans by the Consultant for each of the project participants;the Consultant
will work with the project participants to coordinate their efforts with area utilities or industries
and TWDB to update any plans that may not meet current requirements or best practices. The
Consultant will also review the revised plans and provide comments following any revisions '
made.
Exhibit B,Page 6 of 8
Consultant:
Consultant will review the Water Conservation and Drought Management Plans for the study
area and include copies in the appendix of the report.
X. Reports
The results of the proposed study will be summarized initially in a draft report for the
participants to review/comment. The fourth and last project meeting will be scheduled with the
participants for the Consultant to present the initial draft report. Following the incorporation of
their comments,a final draft report will be submitted to TWDB for their review/comments. The
final report will then be prepared incorporating comments as appropriate. The final report will
present all findings,maps and technical analysis of the tasks noted above.
Brazosport Water Authority:
Brazosport Water Authority will provide the Consultant with written consolidated comments on
the draft report.
• Participating Entities:
Brazosport Water Authority,Brazoria County,the Cities, Industrial Companies and Districts
(listed in introduction of Scope of Work)will review and provide comments on the draft report;
these written comments will be directed to the Consultant(copy provided to Brazosport Water
Authority).
As part of the in-kind service requirement,the participating entities (as specified in the grant
application)will provide 35 copies of the draft report,7 copies of the draft final report for
TWDB review/comment,40 copies of the final report(9 copies for TWDB), one electronic copy
(TWDB)and one camera ready copy of the final report(TWDB). Final reports are to be copied
on both sides of the paper and recycled materials should be used when possible.
Consultant:
Consultant will prepare the initial draft report, draft final report(incorporating comments from
project participants)and final report(incorporating TWDB review comments).
XI. Meetings
Brazosport Water Authority, the participating entities,the Consultant,and other interested parties
will participate in meetings as required by the TWDB. These will include: (1)a project kick-off
• meeting; (2)a project meeting to discuss the data collected from the entities,as well as initial
scenarios for consideration; (3)a project meeting to discuss the regional distribution and
treatment alternatives;this meeting will also discuss the recommended alternative(s);and(4)a
project meeting to discuss the draft report and address participant comments prior to submitting
to TWDB for final draft review. Other meetings,such as study participant workshops,may be
scheduled as necessary.
Exhibit B,Page 7 of g
Brazosport Water Authority and Participating Entities:
Brazosport Water Authority,Brazoria County,the Cities,Industrial Companies and Districts
(listed in introduction of Scope of Work)will participate in progress meetings with TWDB staff
at key stages in the project.
Consultant:
Consultant will prepare meeting agendas in advance and will provide meeting documentation
(i.e.slides of PowerPoint presentation and sign-in sheet)following the meetings.
•
Exhibit B,Page 8 of 8
EXHIBIT C
TASK AND EXPENSE BUDGETS
TASK BUDGET
TASK DESCRIPTION AMOUNT
1 Service Area Description $45,000.00
2 Determination of Water System Demands $30,000.00
3 Prepare Distribution System Alternatives $31,000.00
4 Prepare Treatment System Alternatives $44,000.00_
5 Operational Alternatives $25,000.00
6 Implementation Schedule $14,000.00
7 Determination of Costs and Recommendations $25,000.00
8 Funding Options $17,000.00
9 Water Conservation and Drought Management Plans $12,000.00
10 Reports $35,000.00
11 Meetings $30,000.00
TOTAL $308,000.00
Exhibit C,Page 1 of 2
EXPENSE BUDGET
CATEGORY AMOUNT
Salaries&Wages $11,500.00
Fringe2 $0.00
Travel3 $0.00
Other Expenses4 $6,000.00
Subcontract Services $290,500.00
Overheads $0.00
Profit • $0.00
TOTAL $308,000
i Salaries and Wages is defined as the cost of salaries of engineers,draftsmen,stenographers,surveymen,clerks,laborers,etc.,
for time directly chargeable to this contract.
2 i?ringe is defined as the cost of social security contributions,unemployment,excise,and payroll taxes,workers'compensation
insurance,retirement benefits,medical and insurance benefits,sick leave,vacation,and holiday pay applicable thereto.
3 Travel is limited to the maximum amounts authorized for state employees by the General Appropriations Act,Tex.Leg.Regular
Session,2011,Article,IX,Part 5,as amended or superseded
40ther Expenses is defined to include expendable supplies,communications,reproduction,postage,and costs of public meetings
directly chargeable to this CONTRACT.
5 Overhead is defined as the costs incurred in maintaining a place of business and performing professional services similar to
those specified in this contract.
•
Exhibit C,Page 2 of 2
EXHIBIT D
GUIDELINES FOR AUTHORS SUBMITTING CONTRACT REPORTS
TO THE TEXAS WATER DEVELOPMENT BOARD
1.0 Introduction
The purpose of this document is to describe the required format of contract reports submitted to the Texas
Water Development Board(TWDB). Our reason for standardizing the format of contract reports is to
provide our customers a consistent, and therefore familiar,format for contract reports(which we post
online for public access).Another reason for standardizing the format is so that we can more easily turn a
contract report into a TWDB numbered report if we so choose.Remember that your report will not only
be seen by TWDB staff,but also by any person interested in the results of your study.A professional and
high quality report will reflect well on you,your employer, and the TWDB.
Available upon request, we will provide a Microsoft Word template(used to write these instructions)that
gives the fonts, spacing, and other specifications for the headings and text of the report. Please follow this
template as closely as possible.
2.0 Formatting your report
The TWDB format is designed for simplicity.For example, we use Times New Roman for all text. We
use 12 point,single-spaced text, left justification for paragraph text, 18 point bold for first-level headings,
and 14 point bold for second-level.headings.Page numbers are centered at the bottom of the page. Other
than page numbers,please refrain from adding content to the document header or footer.Page setup
should use one-inch margins on all four sides. _
•
2.1 Text
The best way to format your document is to use the styles described and embedded in the template
document(Authors_Template.dot)that is available on request from the TWDB.To use the
Authors_Template.dot file, open it in Word(make sure*.dot is listed under Files of type) and save it as a
.doc file. Advanced users can add the.dot file to their computers as a template.
Make sure the formatting bar is on the desktop (to open, go to View-)Toolbars-->Formatting) or,to view
all of the formatting at once,go to Format->Styles and Formatting and select Available Styles from the
dropdown box at the bottom of the window.The formatting in the template document provides styles
(such as font type,spacing, and indents)for each piece of your report.Each style is named to describe
what it should be used for(for example, style names include Chapter Title,Body Text,Heading 1,
References, and Figure or Table Caption).As you add to your report,use the dropdown list on the
Formatting Toolbar or the list in the Styles and Formatting window to adjust the text to the correct style.
The Authors_Template.dot file shows and lists the specifications for each style.
2.1.1 Title
Give your report a title that gives the reader an idea of the topic of your report but is not terribly long. In
addition to the general subject(for example, "Droughts"),you may include a few additional words to
describe a place, methodology, or other detail focused on throughout the paper(for example, "Droughts in
the High Plains of Texas" or"Evaluating the effects of drought using groundwater flow modeling").
Exhibit D,Page I of 8
•
Please capitalize only the first letter of each word except `minor' words such as 'and' and 'of'. Never use
all caps. Use headings to help the reader follow you through the main sections of your report and to make
it easier for readers to skim through your report to find sections that might be the most interesting or •
useful to them.The text of the report should include an executive summary and sections outlined in 4.4 of
Attachment 1. Headings for up to five levels of subdivision are provided in the template;however,we
suggest not using more than three or four levels of subdivision except where absolutely necessary.Please
avoid stacked headings(for example, a Heading 1 followed immediately by a Heading 2), and capitalize
only the first letter of headings or words where appropriate—never use all caps.
•
2.2 Figures and photographs.
To publish professional-looking graphics, we need all originals to be saved at 300 dots-per-inch(dpi)
and in grayscale, if possible, or in the CMYK color format if color is necessary. Excessive use of color,
especially color graphics that do not also work in grayscale, will prevent us from publishing your report
as a TWDB numbered report(color reproduction costs can be prohibitive).Preferred file formats for your
original graphics are Adobe Illustrator(.ai),Photoshop(.psd),EPS with.tiff preview, .jpg, .png, or.tiff
files. Refrain from using low resolution jpg or.gif files. Internet images at 72 dpi are unacceptable for
use in reports. All graphics shall be submitted in two forms:
1. Inserted into the Microsoft Word document before you submit your report. Ideally, inserted
graphics should be centered on the page.Format the picture to downsize to 6 inches wide if
necessary. Please do not upsize a graphic in Word.
2. Saved in one of the formats listed above. •
2.2.1 Other graphics specifications
It is easiest to design your figures separately and add them in after the text of your report is more or less
complete.Graphics should remain within the 1-inch page margins of the template(6.5 inches maximum
graphic width). Be sure that the graphics(as well as tables)are numbered in the same order that they are
mentioned in the text.Figures should appear embedded in the report after being called out in the text.
Also,remember to include a caption for each graphic in Word,not as part of the graphic.We are not able
to edit or format figure captions that are part of the figure.For figures and photographs, the caption
.should appear below the graphic. For tables,the caption should appear above.
2.2.2 Creating publication-quality graphics
When designing a graphic,make sure that the graphic(1)emphasizes the important information and does
not show unnecessary data,lines, or labels; (2) includes the needed support material for the reader to
understand what you are showing; and(3)is readable(see Figures 1 and 2 for examples).Edward R.
Tufte's books on presenting information(Tufte, 1983; 1990; 1997) are great references on good graphic
design.Figures 1 through 3 are examples of properly formatted,easy to understand graphics.Do not
include fonts that are less than 6 points.
For good-looking graphics, the resolution needs to be high enough to provide a clear image at the size you
make them within the report. In general,300 dpi will make a clear image-200 dpi is a minimum. Try to
create your figures at the same size they will be in the report,as resizing them in Word greatly reduces
image quality. Photographs taken with at least a two-megapixel camera(if using digital) and with good
contrast will make the best images. Save the original,and then adjust color levels and size in a renamed
Exhibit D,Page 2 of 8
image copy.Print a draft copy of your report to double-check that your figures and photographs have clear
lines and show all the features that you want them to have.
Figures and photographs should be in grayscale. Color greatly adds to the cost of printing, so we are
trying to keep it to a minimum.Also remember that your report may be photocopied,scanned, or
downloaded and printed in black and white.For this reason,you should use symbols or patterns,or make
sure that colors print as different shades in black and white.All interval or ratio data(data measuring
continuous phenomena,with each color representing an equal interval)need to be displayed in a graded
scale of a single color(Figure 3). This way your figures will be useful even as a photocopy.
If you need help with your graphics or have questions,please contact the TWDB graphics department at
(512)936-0129.
2.2.3 Using other people's graphics
Figures and photographs (and tables)need to be your own unless you have written permission from the
publisher that allows us to reprint them(we will need a copy of this permission for our records).Avoid
using any figures or photographs taken off the Internet or from newspapers or magazines—these sources
are difficult to cite, and it is often time-consuming and expensive to gain permission to reproduce them.
2.3 Tables
Tables should be created in Microsoft Word(see Table 1).Tables should include a minimal amount of
outlining or bold font to emphasize headings,totals,or other important points.Tables should be
numbered separately from figures, and captions should appear above the text of the table.
Table 1: A sample table.Note caption above table.
Table text heading*
Table text 1940 1950 1960 1970 1980 1990 2000 %GW
• Table text 15 441 340 926 196 522 83 97.4
Table text 64 944 626 173 356 • 171 516 99.9
Total 79 1385 966 1099 552 693 599
• *A footnote should look like this using 10 point Times New Roman.
%GW=percent groundwater
Be sure to describe any abbreviations or symbols,and,unlike in this table,be sure to note the units!
3.0 Units
Measurements should be in English units. Metric units may be included in parentheses after the English
units. All units of geologic time should conform to the most recent geologic timescale(Gradstein and
others, 2004).A summary of this timescale is available from the International Commission on
Stratigraphy's website at http://stratigraphy.org/chus.pdf.
4.0 Citations and references
It is important to give credit where credit is due.Therefore,be sure to use the appropriate citations and
include references in your paper.
Exhibit D,Page 3 of S
4.1 In-text citations
Each piece of information you use in your report that comes from an outside source must be cited within
the text using the author's last name and the year of publication.If there are two authors, list the last name
of each followed by the year, and if there are more than two authors,list the last name of the first author
followed by"and others" and the year.For example: the end of the Jurassic Period occurred
approximately 145.5 million years ago(Gradstein and others, 2004).
4.2 References
All sources that are cited within the report should be listed at the end of the paper under the heading
References.The references should follow the guidelines in"Suggestions to Authors of the Reports of the
United States Geological Survey" (Hansen, 1991). These are available online at
http://www.nwrc.usgs.gov/lib/lib_sta.html(a link to the chapter`Preparing references for Survey
reports,"p. 234-241, is found here). Several examples of complete reference citations are listed at the end
of these guidelines.Be sure that any citations that appear in tables or figures are included in the reference
list.Also,before submitting the report,please check that all the citations in the report are included in the
reference list and all references in the reference list are cited in the report. If at all possible,avoid web-
based citations.These materials are often transient and therefore useless to future readers.
5.0 Submitting your report
Before you submit your report,proofread it.Look for spelling and grammatical errors. Also,check to see
that you have structured the headings,paragraphs,and sentences in your paper so that it is easy to follow
and understand(imagine you are a reader who does not already know the information you are
presenting!).
6.0 Conclusions
Following the instructions above and providing accurate and readable text,tables,figures,and citations
will help to make your report useful to readers. Scientists may read your report,as well as water planners,
utility providers, and interested citizens. If your report successfully conveys accurate scientific
information and explanations to these readers,we can help to create more informed decisions about the
use, development, and management of water in the state.
7.0 Acknowledgments
Be sure to acknowledge the people and entities that assisted you in your study and report. For example:
We would like to thank the Keck Geology Consortium, the American Society of Civil Engineers,and the
Texas Bar CLE for providing examples to use in developing these guidelines. In addition,we appreciate
Mike Parcher for providing information on how to create publication-quality graphics,Shirley Wade for
creating the data used in sample Figure 1,and Ian Jones for providing sample Figure 3.
8.0 References •
Gradstein,F.M.,J.G. Ogg, and A.G.Smith, eds.,2005,A geologic time scale 2004: Cambridge,
Cambridge University Press, 610 p.
Hansen,W.R.,ed., 1991, Suggestions to authors of the reports of the United States Geological Survey
(7th ed.):Washington,D.C.,U.S. Government Printing Office,289 p.
Tufte, E. R., 1983, The visual display of quantitative information: Cheshire,C.T.,Graphics Press, 197 p.
Tufte,E. R., 1990,Envisioning information: Cheshire, C.T.,Graphics Press, 126 p.
Exhibit D,Page 4 of 8
•
Tufte,E. R., 1997, Visual explanations: Cheshire,C.T., Graphics Press, 156 p.
9.0 Examples of references
Arroyo,J.A., and Mullican, III,W. F.,2004,Desalination: in Mace,R.E., Angle,E. S., and Mullican,W.
F., III,editors,Aquifers of the Edwards Plateau: Texas Water Development Board Report 360,p.293-
302.
Bates, R.L.,and Jackson, J.A., 1984,Dictionary of geological terms: Anchor Press/Doubleday,Garden
City, New York, 571 p.
Blandford,T.N.,Blazer,D. J., Calhoun,K. C., Dutton,A.R.,Naing,T.,Reedy,R. C., and Scanlon,B.
R.,2003, Groundwater availability of the southern Ogallala aquifer in Texas and New Mexico—
Numerical simulations through 2050: contract report by Daniel B. Stephens and Associates,Inc., and
the Bureau of Economic Geology,The University of Texas at Austin to the Texas Water
Development Board,variably paginated.
Fenneman,N. M., 1931,Physiography of Western United States (1st edition): New York, McGraw-Hill,
534 p.
Hubert,M., 1999,Senate Bill 1—The first big bold step toward meeting Texas's future water needs: Texas
Tech Law Review,v. 30,no. 1,p. 53-70.
Kunianski,E.L., 1989,Precipitation,streamflow,and baseflow in West-Central Texas,December 1974
through March 1977: U. S. Geological Survey Water-Resources Investigations Report 89-4208,2
sheets.
Mace,R. E., Chowdhury,A. H.,Maya,R.,and Way, S.-C.,2000,A numerical groundwater flow model
of the Upper and Middle Trinity aquifer,Hill Country area: Texas Water Development Board Open
File Report 00-02,62 p.
Maclay,R. W., and Land,L. F., 1988, Simulation of flow in the Edwards aquifer, San Antonio Region,
Texas,and refinements of storage and flow concepts: U. S. Geological Survey Water-Supply Paper
2336,48 p.
For more examples of references, see p. 239-241 of"Suggestions to Authors of the Reports of the United
States Geological Survey"at http://www.nwrc.usgs.gov/lib/lib_sta.html.
•
•
•
Exhibit D,Page 5 of 8
Comal Springs Discharge
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L. 50 - Bifurcated permits
VAI0 1 i 1 I I I I 1 1 0
1930 1935 1940 1945 1950 1955 1960 1965 1970 1975 1980 1985 1990
Year
Figure 1. A sample figure showing only the information needed to help the reader understand
the data. Font size for figure callouts or labels should never be less than 6 point.
Exhibit D,Page 6 of 8
•
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Figure 2. A sample subject area map,giving the reader enough information to understand the
location being discussed in this conference.For map figures,be sure to include a north
arrow to orient the reader,a scale,and,if needed,a submap that places the figure in
greater geographic context.Be sure that text is readable and that any citations listed on
the figure or in the figure caption are included in the reference list.'Font size should
never be less than 6 pt.
•
•
Exhibit D,Page 7 of 8
1 i 1
r ,,
I ,
5 a * t tt� 1 Initial head(feet MSL)
�x,;a
f' s . .. .�+ � Lass than 1,000
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6 ' 442. �k` ' m 11":t LL V. ,,4 • 2,000-3,000 •
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r p} ,�
\ e 1.ti ���'� C.•t:<' of � a • More than 5,000
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Figure 3.
Initial hydraulic heads used in model simulations for layer 1.Note the use of grayscale shading to
show differences.
Exhibit D,Page 8 of 8
EXHIBIT E
TWDB GUIDELINES FOR A PROGRESS REPORT
Texas Water Development Board Contractors are required by their contracts to provide Progress
Reports usually with the submission of an invoice/payment request.
The progress report should contain the following standard elements:
• Date: Date the memo is sent
• To: Name and position of the reader
• From: Name and position of the writer
• Subject: TWDB Contract Number and the period that this report covers (i.e.Progress
Report 09/01/11— 11/30/11)
Work Completed: (The next section of a progress report explains what work has been done during
the reporting period by Scope of Work task Specify the dates of the reporting period and use active
voice verbs to report progress made)
For Example:
Task 1: Completed 3 draft chapters and all appendices. Met with sub consultants on their chapters
Task 2: Completed sample collection throughout river reach.
Task 3: No work completed in reporting period.
Problems:
If the reader is likely to be interested in the glitches you have encountered along the way,mention
the problems you have encountered and explain how you have solved them. If there are problems
you have not yet been able to solve,explain your strategy for solving them and give tell the reader
when you think you will have them solved.
Exhibit E,Page 1 of 1