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Commissioners Court May 24, 2016

NOTICE OF A MEETING OF THE


COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV.
th
CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 24 day of
May, 2016, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held
concerning the following subjects:
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag
ROLL CALL

PRESENTATIONS & PROCLAMATIONS


1

4-5

6-7

Adopt a proclamation recognizing Tuesday, May 24, 2016 as Second Lieutenant John A Decker
Day. COBB/PRATHER
Adopt a proclamation recognizing May 23-27, 2016 as Flood Awareness Week. COBB/SMITH

PUBLIC COMMENTS
At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a
Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety.
NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.

CONSENT ITEMS
The following may be acted upon in one motion.
A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action.

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4

8
9-14

15-36

37-41

42-54

55

56-77

10

78-125

11

126

12

127

13

128-148

Approve payments of county invoices. HERZOG


Approve Commissioners Court Minutes of May 17, 2016. COBB/GONZALEZ
Ratify the County Judge's execution of a letter amendment to the scope of a Professional
Services Agreement between Hays County and Klotz & Associates for a study of the drainage
basin that feeds into Northpoint subdivision. Amend the budget accordingly.
INGALSBE/BORCHERDING
Approve Utility Permits. COBB/BORCHERDING
Authorize the County Judge to execute a Supplemental Agreement No. 3 to the Professional
Services Agreement with Klotz Associates, Inc. for the FM 1626 South project as part of the
Pass-Through Finance Program in Hays County, increasing the Compensation Cap by
$133,572.00 from $3,316,428.00 to $3,450,000.00. JONES
Amend the Office of the Governor, CJD Veteran's Court Grant program operating budget for
approved out of state travel and other operating expenses. INGALSBE/GLICKLER
Ratify the execution of a Notice of Intent for a TPDES General Permit under the Texas
Commission on Environmental Quality Stormwater Program. JONES/GARZA
Authorize the County Judge to sign an agreement with ARC Document Solutions for off-site
scanning services for the Development Services Division's permit records. COBB/MCINNIS
Rescind action of the Commissioners Court on or about September 3, 2013. Resolution #28277,
authorizing the County Judge to execute a Memorandum of Understanding (MOU) regarding the
dedication of roadways and right of way in the Deerfield Estates II Subdivision.
WHISENANT/KENNEDY
Authorize the use of County Wide contingencies for expenses related to the Fischer Store Road
Bridge ribbon cutting ceremony. COBB/CONLEY
Ratify the County Judge's execution of a Possession and Use Agreement between Hays County
and Giberson Properties, Inc., related the Hays County's possession and use of Right of Way
associated with the FM1626 project. JONES/COBB

ACTION ITEMS
ROADS
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149-151

15

152

Discussion and possible action to consider the acceptance of road construction and drainage
improvements and acceptance of the maintenance bond for a 2-year period for Shadow Creek
subdivision, Ph. 4, Sec. 1B. JONES/BORCHERDING
Discussion and possible action to call for a public hearing on June, 7th, 2016 to establish a
school zone speed limit on Hays Country Acres Road. WHISENANT/LEACH

MISCELLANEOUS
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153

17

154

18

155

19

156-160

20

161-162

21

163-195

Discussion and possible action to appoint Lon Shell, Hays County Judge Cobb's Chief of Staff,
to serve as a representative on the San Marcos / Hays County EMS Board of Directors to
replace Mark Chambers. INGALSBE
Discussion and possible action to approve the appointment of Clint Browning as Hays County
Fire Marshal. COBB/SMITH
Discussion and possible action to approve the conversion of existing space within the County
Clerk's Office to a conference room, furnish the new space, purchase a computer and related
equipment for a new hire, and amend the budget accordingly. INGALSBE/GONZALEZ
Discussion and possible action to authorize the County Judge to execute a renewal Service
Subscription Agreement between Hays County and Budget Infographics, Inc.
INGALSBE/WHISENANT
10:00 a.m. -- Continue a public hearing, pursuant to 775.016 of the Texas Health and Safety
Code, related to a petition proposing the creation of Hays County Emergency Services District
#9. Possible action may follow the hearing, including conditional resolution(s) of Court to find
that 1) creation of the district is feasible or not feasible and 2) that the creation of the district will
or will not promote the public safety, welfare, health, and convenience of persons residing within
the proposed district. If the Court finds in favor of district creation, it shall also take action to
grant the petition, fix the district's boundaries, order an election to confirm the district's creation,
and impose additional conditions, if any. COBB/KENNEDY
Discussion and possible action related to the proposed Jail, 911 Center, and Law Enforcement
Center improvements, including but not limited to 1) Selection of Construction Manager at Risk
for one or more of the project(s), 2) Authorizing the County Judge to execute a Professional
Services Agreement between Hays County and the selected Construction Manager at Risk, and
3) Discussing next steps in the process laid out by Program Manager and staff.
INGALSBE/CONLEY

EXECUTIVE SESSIONS
The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive
advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners
Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

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199

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code:
consultation with counsel and deliberation regarding the position of Hays County Elections
Administrator. Possible action may follow. COBB
Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code:
consultation with counsel and deliberation regarding the purchase, exchange or value of Right
of Way along proposed FM110 in Pct 1. Possible action to follow in open court. INGALSBE
Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code:
consultation with counsel and deliberation regarding economic development negotiations
associated with Project Texas. Possible action may follow in open court. COBB
Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code:
consultation with counsel and deliberation regarding the purchase, exchange, or value of real
property including the marketing and potential sale or lease of County owned properties.
Possible action may follow in open court. COBB

STANDING AGENDA ITEMS


The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court
to open the item when a need for discussion arises.

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27
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Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public
safety facilities needs within the County. Possible action may follow. COBB/CUTLER
Discussion and possible action related to the burn ban and/or disaster declaration. COBB/CHAMBERS
Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime
Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB

ADJOURNMENT
Posted by 5:00 o'clock P.M. on the 20th day of May, 2016

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________

CLERK OF THE COURT


Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities
who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays
County Judges Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate
arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to
accommodate any valid request regardless of when it is received. Braille is not available.

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Adopt a proclamation recognizing Tuesday, May 24, 2016 as Second Lieutenant John A Decker Day.

ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS

May 24, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jude Prather, Veteran Services Officer

COBB

N/A

SUMMARY

Please refer to attached proclamation.


27B583196

PROCLAMATION RECOGNIZING TUESDAY, MAY 24, 2016


AS SECOND LIEUTENANT JOHN A. DECKER DAY
STATE OF TEXAS

COUNTY OF HAYS

WHEREAS, Second Lieutenant John A. Decker USMC, was the son of former Hays County
Judge Charles Milton Decker Jr and brother to Marylyn Decker Mitchell; and
WHEREAS, while serving with the Second Battalion, First Marines, in combat operations
against the Empire of Japan during World War Two on the South Pacific Islands of Peleliu,
Second Lieutenant John Decker was killed in action on September 18, 1944; and
WHEREAS, for his heroic actions he was posthumously awarded the Silver Star and Purple
Heart; and
WHEREAS, the citation for his Silver Star states, When his entire battalion was held up by a
strongly emplaced enemy pillbox on 16 September, Second Lieutenant Decker courageously
volunteered to neutralize it and, leading a small patrol on this hazardous mission, succeeded in
destroying two hostile machine guns with their crews. On the following day he led his rifle
platoon in a furious assault against the ridge north of the airport and, upon discovering that an
enemy machine gun farther up the crest was inflicting heavy casualties upon his flanking unit,
daringly advanced alone under heavy fire and destroyed the hostile position with grenades.
During a severe enemy counterattack that same night Second Lieutenant Decker was killed as he
arose to throw a grenade at an advancing Japanese. His aggressive fighting spirit and unwavering
devotion to duty were an inspiration to his men and in keeping with the highest traditions of the
United States Naval Service. He gallantly gave his life for his country.
NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court
does hereby give recognition of his service by proclaiming Tuesday, May 24, 2016 as
SECOND LIEUTENANT JOHN A. DECKER DAY

ADOPTED THIS THE 24th DAY OF MAY, 2016

Bert Cobb
Hays County Judge
______________________________
Debbie Gonzales Ingalsbe
Commissioner, Pct. 1

______________________________
Mark Jones
Commissioner, Pct. 2

______________________________
Will Conley
Commissioner, Pct. 3

______________________________
Ray Whisenant
Commissioner, Pct. 4

ATTEST:

_________________________
Liz Q. Gonzalez
Hays County Clerk

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Adopt a proclamation recognizing May 23-27, 2016 as Flood Awareness Week.

ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS

May 24, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kharley Smith, Emergency Management Coordinator

COBB

N/A

SUMMARY

Please refer to attached proclamation.


27B583196

PROCLAMATION RECOGNIZING MAY 23 - 27, 2016


AS FLOOD AWARENESS WEEK
STATE OF TEXAS
COUNTY OF HAYS

Whereas, the record flooding of May 2015 demonstrates floods can happen anytime, anywhere and
without warning; and
Whereas, this week marks the one-year anniversary of the Memorial Day Floods in Hays County; and
Whereas, flooding and flash flooding have caused loss of life and considerable property damage; and
Whereas, Hays County has suffered major flooding events in 1998, 2001, 2002, 2007, 2013, and 2015,
receiving federal declarations of disaster for all; and
Whereas, through partnerships with local, state and federal agencies, emergency management,
emergency responders and others working together to provide the citizens of Hays County improved
flood warning services and preparedness education; and
Whereas, our hope is that each Hays County Citizen will recognize and participate during Flood
Awareness Week by becoming more educated on flooding and emergency preparedness; and
NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does
hereby proclaim May 23 - 27 as
FLOOD AWARENESS WEEK

ADOPTED THIS THE 24th DAY OF MAY, 2016

Bert Cobb
Hays County Judge

______________________________
Debbie Gonzales Ingalsbe
Commissioner, Pct. 1

______________________________
Mark Jones
Commissioner, Pct. 2

______________________________
Will Conley
Commissioner, Pct. 3

______________________________
Ray Whisenant
Commissioner, Pct. 4

ATTEST:

_________________________
Liz Q. Gonzalez
Hays County Clerk

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve payment of County invoices.

ITEM TYPE

MEETING DATE

CONSENT

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR APPROVAL:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Auditors Office

HERZOG

N/A

SUMMARY

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve Commissioner Court Minutes of May 17, 2016.

ITEM TYPE

MEETING DATE

CONSENT

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Gonzalez

COBB

N/A

SUMMARY

HAYS COUNTY COMMISSIONERS' COURT MINUTES

MAY 17, 2016


STATE OF TEXAS
COUNTY OF HAYS

*****

*****

VOLUME V PG 851

*
*

ON THIS THE 17TH DAY OF MAY A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY,
TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:
ALBERT H. COBB JR
DEBBIE GONZALES INGALSBE
MARK JONES
WILL CONLEY
RAY O. WHISENANT JR
ROSE ROBINSON

COUNTY JUDGE
COMMISSIONER, PCT. 1
COMMISSIONER, PCT. 2
COMMISSIONER, PCT. 3
COMMISSIONER, PCT. 4
DEPUTY COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:


Pastor Virgie White, First Christian Church in San Marcos gave the invocation and Judge Cobb led the court in
the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order.
PUBLIC COMMENTS
Emergency Management Coordinator Kharley Smith spoke. Employees at the Hays County Government
Center will be participating in an Emergency Drill on Friday, May 20, from 8 a.m. to 9 a.m. The public will have
access to the building beginning at 9 a.m. Early voting will continue beginning at 7 a.m. and will enter through
the front west-side entrance and will not be affected by the drill.

31533

APPROVE PAYMENTS OF COUNTY INVOICES

A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve


payments of County Invoices in the amount of $713,526.55 as submitted by the County Auditor. All
voting Aye. MOTION PASSED

31534

APPROVE COMMISSIONERS COURT MINUTES OF MAY 10, 2016

A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve


Commissioners Court Minutes of May 10, 2016 as presented by the County Clerk. All voting Aye.
MOTION PASSED
31535

APPROVE THE MARCH 2016 TREASURER'S REPORTS AND INVESTMENT


REPORTS

Approve the March 2016 Treasurer's Reports and Investment Reports. A motion was made by Commissioner
Jones, seconded by Commissioner Whisenant to approve the March 2016 Treasurer's Reports and
Investment Reports. All voting Aye. MOTION PASSED
31536

ACCEPT A CONTRIBUTION FROM THE DAHLSTROM FAMILY TRUST IN THE


AMOUNT OF $15,000 TO BE APPLIED TO THE COUNTY'S ACQUISITION OF A
PREFABRICATED BUILDING FOR A VISITORS CENTER AT THE GAY RUBY
DAHLSTROM NATURE PRESERVE; AND REQUEST THAT DAHLSTROM FAMILY
CONTRIBUTIONS TOWARD CAPITAL IMPROVEMENTS ON THE PROJECT BE
TRACKED BY THE AUDITOR'S OFFICE

Although Hays County will be acquiring the building for use on the Preserve, the Dahlstrom family has
contributed $15,000 toward the structure, the total cost of which is approximately $45,000. They have requested
that the County keep track of these types of contributions, since the Lease Agreement carries a penalty for early
termination by the Dahlstroms that corresponds to the County's capital contribution to the Project. Should the
lease be terminated early, it would be misleading to show the County's total contribution for the Visitors Center
as $45,000. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to
accept a contribution from the Dahlstrom Family Trust in the amount of $15,000 to be applied to the
County's acquisition of a prefabricated building for a Visitors Center at the Gay Ruby Dahlstrom Nature
Preserve; and request that Dahlstrom family contributions toward capital improvements on the project
be tracked by the Auditor's Office. All voting Aye. MOTION PASSED

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME V PG 852
31537

*****

*****

MAY 17, 2016

AUTHORIZE THE DEVELOPMENT AND COMMUNITY SERVICES DEPARTMENT TO


PURCHASE A PREFABRICATED BUILDING TO BE UTILIZED AS A VISITORS
CENTER AT THE GAY RUBY DAHLSTROM NATURE PRESERVE

The Prefabricated Building will provide working space to be utilized as a Visitors Center at the Gay Ruby
Dahlstrom Nature Preserve. The building will be open to the public and will house a variety of educational
information that highlights the family history and unique features found throughout the preserve. It will also serve
as a workspace for the park employees and will be located at the main entrance to the preserve. A motion was
made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Development and
Community Services Department to purchase a prefabricated building to be utilized as a Visitors Center
at the Gay Ruby Dahlstrom Nature Preserve. All voting Aye. MOTION PASSED
31538

APPROVE THE RECOMMENDATION AND SELECTION OF PERFORMANCE


SERVICES AS THE MOST QUALIFIED FIRM IN RESPONSE TO RFQ 2016-P01,
ENERGY SERVICES COMPANIES FOR PERFORMANCE CONTRACTING AND
AUTHORIZE STAFF TO NEGOTIATE A CONTRACT

After evaluation of qualifications from 6 firms it was determined that Performance Services was most qualified
for Energy Services Performance Contracting work in Hays County. Staff will negotiate any necessary
agreements and bring back to Commissioners Court prior to moving forward with Performance Services. A
motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the
recommendation and selection of Performance Services as the most qualified firm in response to RFQ
2016-P01, Energy Services Companies for Performance Contracting and authorize staff to negotiate a
contract. All voting Aye. MOTION PASSED
31539

AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 402 LEWIS LANE, BUDA, TX

Matthew and Susan Ocker are proposing the addition of a 1000 gallon septic tank and 1000 gallon pump tank to
their existing on-site sewage facility that was installed in 2014. The purpose is to serve an additional childcare
building. This property is 2.6277 acres just north of Cimarron Park Subdivision. Water will be supplied by public
water supply. The original system was designed for 600 GPD and they are using less than 380 gallons per day,
so they have adequate capacity to add the additional building. Stan Burrier, P.E., designed these new
components to discharge to their existing on-site sewage facility which consists of a grease trap, pretreatment
tank, equalization tank, and an aerobic treatment unit which doses to a drip irrigation dispersal field. A motion
was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize Institutional
OSSF Permit at 402 Lewis Lane, Buda, TX. All voting Aye. MOTION PASSED
31540

AUTHORIZE THE AUDITOR'S OFFICE TO PURCHASE A REPLACEMENT DELL


LAPTOP AND NEW SURFACE PRO TABLET AND AMEND THE BUDGET
ACCORDINGLY

The County Auditor would like to test a Surface Pro Tablet to replace an existing laptop being used. The tablet
will allow for more versatility and ease when accessing financial data during off site meetings. Also, the Budget
& Projects Manager's laptop hard drive has failed and is in need of replacing. This laptop is up for replacement
in the FY17 budget; however, due to the hard drive failure needs to be replaced this year. Savings within the
operating budget are available to fund this request. Amount required $ 3,823; Decrease Staff Salaries 001-60600.5021 - $3,823; Tablet: Increase Computer Equipment 001-606-00.5712_400 - $1,450; Increase Data
Supplies 001-606-00.5202 - $405; Laptop: Increase Computer Equipment 001-606-00.5712_400 - $1,968. A
motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the
Auditor's Office to purchase a replacement Dell Laptop and new Surface Pro Tablet and amend the
budget accordingly. All voting Aye. MOTION PASSED
B

31541

APPROVE THE FM 150 WEST ALIGNMENT STUDY PRELIMINARY SCHEMATIC


APPROACH SCOPE FOR A K. FRIESE AND ASSOCIATES, INC. AND AUTHORIZE
THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL AGREEMENT FOR THE
FM 150 WEST ALIGNMENT PROJECT (0805-04-028, 0016-17-013)

Preliminary studies have been completed for the FM 150 West Alignment Project, resulting in the identification
of Corridor C for future schematic and environmental study. The County and Friese & Associates have received
numerous requests from the City of Kyle and potentially affected property owners within Corridor C for guidance
regarding the location of the roadway. These requests for guidance are growing in number and in urgency, and
the County is concerned that if work to define an alignment within Corridor C is not started soon, the opportunity
to identify an alignment will be lost to development agreements and approvals currently being considered. The
purpose of this agenda item, therefore, is for the County to acknowledge that to preserve an alignment through
Corridor C, some level of coordination with the City of Kyle and potentially affected property owners is needed,

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

MAY 17, 2016

*****

*****

VOLUME V PG 853

and that a preliminary schematic plan is needed to provide all parties with some degree of certainty with regard
to probable location of the alignment. Tasks identified in the FM 150 West Alignment Study Preliminary
Schematic Approach Scope are within the scope identified in the approved Professional Services Agreement
between the County and K. Friese and Associates executed November 12, 2013. Funds for the FM 150 West
Alignment Study Preliminary Schematic Approach Scope are available under the approved Professional
Services Agreement available budget; no additional funds are required. A motion was made by
Commissioner Whisenant,
seconded by Commissioner Jones to approve the FM 150 West
Alignment Study Preliminary Schematic Approach Scope for a K. Friese and Associates, Inc. and
authorize the County Judge to execute a supplemental agreement for the FM 150 West Alignment
Project (0805-04-028, 0016-17-013). All voting Aye. MOTION PASSED
31542

AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL FUNDING


AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF WIMBERLEY
RELATED TO ROADWAY IMPROVEMENTS AT THE INTERSECTION OF RM 12
AND FM 3237, IN PCT. 3

The City of Wimberley expects to receive $400,000 from CAMPO for the proposed improvements. The above
referenced funding agreement will allow the City to transfer those monies to Hays County, which will in turn
administer oversight of the project. A motion was made by Commissioner Conley seconded by
Commissioner Whisenant to approve the FM 150 West Alignment Study Preliminary Schematic
Approach Scope for a K. Friese and Associates, Inc. and authorize the County Judge to execute a
supplemental agreement for the FM 150 West Alignment Project (0805-04-028, 0016-17-013). All voting
Aye. MOTION PASSED
31543

SUB-515 ROLLING HILLS ESTATES SECTION 1, REPLAT OF LOT 3, BLOCK 5 (2


LOTS) GRANT A VARIANCE TO TABLE 10-1 OF THE HAYS COUNTY RULES FOR
ON-SITE SEWAGE FACILITIES

Caitlyn Hairell, County Planner and Clint Garza, Director of Development and Community spoke. The Rolling
Hills Subdivision is located off of FM 2001 in Precinct 2. The proposed plat will divide Lot 3, Block 5 parcel into
two lots - 0.65 acres and 0.64 acres. Water service will be provided by Monarch Water and wastewater service
will be accomplished by advanced OSSFs. The Hays County minimum lot size for a lot served by a public
groundwater supply system and advanced OSSF is 1.0 acre. When the applicant originally approached the
County regarding the division of the lot, Monarch was considered a surface water supplier and the minimum lot
size was 0.50 acres. The owner's justification for the variance is based on the fact that the requirements
changed before the plat was submitted for review. Additionally, the new minimum lot size requirement will deny
the owner the privileges enjoyed by neighboring properties as there are a number of lots in this subdivision
which are as small as 0.27 acres. This plat has been reviewed under the County's 1445 agreement with the City
of Kyle. The Interlocal Agreement is written to prohibit the City from granting a variance from the County's
regulations without prior consent from the County. This action will allow the plat to move forward with City's
process for final approval. A motion was made by Commissioner Jones, seconded by Commissioner
Ingalsbe to approve SUB-515 Rolling Hills Estates Section 1, Replat of Lot 3, Block 5 (2 lots) and grant a
variance to Table 10-1 of the Hays County Rules for On-Site. All voting Aye. MOTION PASSED
31544

SUB-582 AMENDING PLAT OF LOTS SC 127 & SC 128, WOODCREEK SECTION 9A


(1 LOT) GRANT A VARIANCE FROM TABLE 705.05.01 OF THE HAYS COUNTY
DEVELOPMENT REGULATIONS AND APPROVE FINAL PLAT

Caitlyn Hairell, County Planner spoke. Woodcreek Section 9A was platted in 1972, located off of Valley Spring
Road in Precinct 3. The proposed amended plat will combine lots SC 127 and SC 128 into one lot. The property
owners are amending the plat to be able to build a home in the middle of the two properties. The Hays County
minimum lot size for new lots located within the Edwards Aquifer Contributing Zone which is served by a Public
Groundwater Supply and Public Sewer is 0.50 acres. This amended plat takes the two 0.07 acre lots, and
amends them into one 0.14 acre lot. The minimum lot size requirement cannot be met. There will be no increase
in density with this amended plat. This kind of re-subdivision is typically approved administratively; however the
lot size variance requires Commissioners Court approval. A motion was made by Commissioner Conley,
seconded by Commissioner Whisenant to approve SUB-582 Amending Plat of Lots SC 127 & SC 128,
Woodcreek Section 9A (1 lot) accept a variance from Table 705.05.01 of the Hays County Development
Regulations and approve final plat. All voting Aye. MOTION PASSED
31545

ACTION RELATED TO THE PROPOSED JAIL, 911 CENTER, AND LAW


ENFORCEMENT CENTER IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO 1)
SELECTION OF AN ARCHITECT FOR ONE OR MORE OF THE PROJECT(S), 2)
AUTHORIZING THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT BETWEEN HAYS COUNTY AND THE SELECTED ARCHITECT, AND
3) DISCUSSING NEXT STEPS IN THE PROCESS LAID OUT BY PROGRAM
MANAGER AND STAFF

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME V PG 854

*****

*****

MAY 17, 2016

Brenda Jenkins with ECN International spoke. RFQ responses for Architect will be considered by committee
members prior to Commissioners Court. If the committee has finalized its recommendation(s), it will
communicate that decision in Open Court. Since a sample Architectural Services Agreement was included in the
RFQ materials, which were already approved by Commissioners Court, the contract is ready for the County
Judge's signature once selection and specification is made. A motion was made by Commissioner Conley,
seconded by Commissioner Ingalsbe to the proposed Jail, 911 Center, and Law Enforcement Center
improvements, including but not limited to 1) Selection of an Architect for one or more of the project(s),
2) Authorizing the County Judge to execute a Professional Services Agreement between Hays County
and the selected Architect, and 3) Discussing next steps in the process laid out by Program Manager
and staff. All voting Aye. MOTION PASSED
31546

AUTHORIZE THE COUNTY JUDGE TO EXECUTE A REMOTE BIRTH ACCESS


CONTRACT BETWEEN HAYS COUNTY AND DEPARTMENT OF STATE HEALTH
SERVICES (DSHS) VITAL STATISTICS UNIT RELATED TO STATE WIDE BIRTH
CERTIFICATES

Contract renewal for the Hays County Clerk's Office to access the Texas Electronic Registration Remote
System (TER Remote System) for the purpose of issuing individual birth certificates. The current contract
expires on 8/31/2016. This renewal is for a 2 year period beginning 9/1/2016 and ending 8/31/2016. A motion
was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the County
Judge to execute a Remote Birth Access Contract between Hays County and Department of State Health
Services (DSHS) Vital Statistics Unit related to state wide birth certificates. All voting Aye. MOTION
PASSED
31547

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE


TEXAS
GOVERNMENT
CODE:
CONSULTATION
WITH
COUNSEL
AND
DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT
OF WAY ALONG DARDEN HILL ROAD IN PCT 4

Court convened into Executive Session at 10:20 a.m. and reconvened into open court at 10:30 a.m. In
Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner
Whisenant, General Counsel Mark Kennedy, Transportation Director Jerry Borcherding, David Baylor and Chief
of Staff Lon Shell. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones
to authorize the exchange of Property, as presented in Executive Session, consisting of 0.314 acres of
land owned by Warren Adele Ely and Dennis and Jan Wagner; and consisting of a 1.07 acre tract of land
dedicated to Hays County. All voting Aye. MOTION PASSED
EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS
GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE
PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG BLISS SPILLAR ROAD IN PCT 2
Court convened into Executive Session at 10:11 a.m. and reconvened into open court at 10:20 a.m. In
Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner
Whisenant, Transportation Director Jerry Borcherding and Chief of Staff Lon Shell. No Action Taken.
31548

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE


TEXAS
GOVERNMENT
CODE:
CONSULTATION
WITH
COUNSEL
AND
DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT
OF WAY ALONG GW HASCHKE LANE IN PCT 3

Court convened into Executive Session at 9:50 a.m. and reconvened into open court at 10:11 a.m. In Executive
Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant,
General Counsel Mark Kennedy, Transportation Director Jerry Borcherding, David Baylor and Chief of Staff Lon
Shell. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to
authorize General Counsel or R.O.W. Counsel to seek a (or appropriate Judicial Order) that Achieves
access for Surveyors to property owned by Steven Townshend along G.W. Haschke Lane in Pct. 3. All
voting Aye. MOTION PASSED
31549

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE


TEXAS
GOVERNMENT
CODE:
CONSULTATION
WITH
COUNSEL
AND
DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT
OF WAY ALONG FM 1626 IN PRECINCT 2

Court convened into Executive Session at 9:43 a.m. and reconvened into open court at 9:50 a.m. In Executive
Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant,
General Counsel Mark Kennedy, Transportation Director Jerry Borcherding, David Baylor and Chief of Staff Lon

13

HAYS COUNTY COMMISSIONERS' COURT MINUTES

MAY 17, 2016

*****

*****

VOLUME V PG 855

Shell. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize
the County Judge to execute a Purchase and Sale Agreement between Hays County and Patricia Tyler,
et.al; as presented in Executive Session, resulting in receipt of Parcels 5 and 6 along FM 1626 South in
Precinct 2. All voting Aye. MOTION PASSED
DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF
PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY
Judge Cobb gave the Hays County Jail Report. Hays Countys current maximum jail capacity is 362 inmates.
Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The
jails daily average was 310 and peak was 322 on May 9st for the week of May 8 to May 14, 2016. The
maximum female capacity is 76 inmates. Last weeks average was 59 and peak was 66 on 5/9/2016. The
maximum male capacity is 256 inmates. Last weeks average was 251 and peak was 256 on 5/13/2016. Inmate
at Guadalupe County: 39; Inmate at Bastrop County: 0; Inmate at Caldwell County: 33; Inmate at Walker
County: 10.
ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION
Burn Ban will remain lifted.
County Clerks Note Agenda Item #21 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND
PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND
ALLEN CROZIER, HDR was pulled

A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court at
10:35 a.m.

I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS


COURT, do hereby certify that the foregoing contains a true and accurate record of the
proceedings had by the Hays County Commissioners Court on

May 17, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO


CLERK OF THE COMMISSIONERS COURT OF
HAYS COUNTY, TEXAS

14

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Ratify the County Judge's execution of a letter amendment to the scope of a Professional Services Agreement
between Hays County and Klotz & Associates for a study of the drainage basin that feeds into Northpoint
subdivision. Amend the budget accordingly.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

$98,500

LINE ITEM NUMBER

020-710-00.5448_008

AUDITOR USE ONLY


AUDITOR COMMENTS:

See attached budget amendment


PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

Borcherding

INGALSBE

N/A

SUMMARY

Klotz & Associates completed a drainage study in February 2016 which recommends improvements to drainage
channels in the interior of Northpoint Subdivision. This action will provide for design of the drainage system
enhancements.
28B609145

Budget Amendment:
Increase 020-710-00.5448_008 Contract Services Consultant - $98,500
Decrease 020-710-00.5351 Road Material and Supplies - ($98,500)
29B613578

30B6294158

31B695278

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve Utility Permits.

ITEM TYPE

MEETING DATE

CONSENT

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

COBB

N/A

SUMMARY

Permit
978
979
27B583196

26B5481039

25B38109764

Road Name
Windy Hill Rd
Pauls Valley Rd

Utility
water line (DNT Construction)
electric line (PEC)

37

38

39

40

41

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize the County Judge to execute a Supplemental Agreement No. 3 to the Professional Services Agreement
with Klotz Associates, Inc. for the FM 1626 South project as part of the Pass-Through Finance Program in Hays
County, increasing the Compensation Cap by $133,572.00 from $3,316,428.00 to $3,450,000.00.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

$133,572.00

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

Michael J. Weaver, Prime Strategies, Inc.

JONES

N/A

SUMMARY

The additional authorized money will allow for the execution of a supplemental #4 to Work Authorization #6 for FM
1626 South project for revisions to the project design and construction drawings to accommodate the reduction in
ROW along the CENTEX property adjacent to FM1626, remove the acceleration/deceleration lanes for the
CENTEX driveways, and design turn lanes on FM 1626 at the intersection of Robert S. Light Blvd.
26B5380174

42

CONTRACT FOR ENGINEERING SERVICES


SUPPLEMENTAL AGREEMENT NO. __3__
TO THE PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF HAYS

THIS SUPPLEMENTAL AGREEMENT to contract for engineering services is by and between


Hays County, Texas, a political subdivision of the State of Texas, (the "County") and RPS Klotz
Associates, Inc. (the "Engineer") and becomes effective when fully executed by both parties.
WHEREAS, the County and the Engineer executed a contract on 10/24/2006; and executed a
Supplemental No. 1 on 8/24/2010; and executed a Supplemental No. 2 on 8/11/2015;
WHEREAS, the not-to-exceed fee in Exhibit 1, Section 1, Item the agreement to $3,316,428.00;
and,
WHEREAS, the Compensation Cap in Exhibit 1, Section 4, Item 4.3 limits the maximum
amount payable under the agreement to $3,316,428.00; and,
WHEREAS, the Hourly Rates in Exhibit II are limited to the rates noted; and,
WHEREAS, it has become necessary to amend the agreement.
AGREEMENT
NOW, THEREFORE, premises considered, the County and the Engineer agree that said contract
is amended as follows:
I. The not-to-exceed fee in Exhibit 1, Section 1, Item 1. I is hereby increased from
$3,316,428.00 to $3,450,000.00.
II. The Compensation Cap in Exhibit 1, Section 4, Item 4.3 is hereby increased from
$3,316,428.00 to $3,450,000.00.
III. The hourly Rates in the original Exhibit II are hereby amended as shown in the attached
revised Exhibit II.
All other provisions are unchanged and remain in full force and effect.

43

IN WITNESS WHEREOF, the County and the Engineer have executed this supplemental
agreement in duplicate,
ENGINEER:
RPS Klotz Associates, Inc.

COUNTY:
Hays County, Texas

By:

By:

Signature

Signature

Brent Christian
Printed Name

Bert Cobb, MD
Printed Name

Vice President
Title

County Judge
Title

Date

Date

44

1 of 3 Pages

Contract No. ___________________


ATTACHMENT A
WORK AUTHORIZATION #6
SUPPLEMENTAL SERVICES REQUEST #4

This Work Authorization is made pursuant to the terms and conditions of the Agreement entered into
by and between Hays County, Texas, a political subdivision of the State of Texas, (the "County")
and RPS Klotz Associates, Inc. (the "Engineer").
Part 1. The Engineer will provide the following engineering services:

Revise the project design and construction drawings to accommodate the reduction in rightof-way along the CENTEX property adjacent to FM 1626.
Remove the acceleration / deceleration lanes for the CENTEX driveways located at the north
end of Mustang Bridge. Removal of these lanes requires modification to the bridge at
Mustang Creek.
Design turn lanes on FM 1626 at the future intersection at Robert S. Light Boulevard.
Continuation of Construction Phase Services

Part 2. The maximum amount payable for services under this Supplemental Services Request
without modification is $116,373.00.
Part 3. Payment to the Engineer for the services established under this Supplemental Services
Request shall be made in accordance with the Agreement.
Part 4. This Work Authorization shall become effective on the date of final acceptance of the
parties hereto and shall terminate on June 30, 2018 unless extended by a Supplemental Work
Authorization.
Part 5. This Work Authorization does not waive the parties responsibilities and obligations
provided under the Agreement.

45

2 of 3 Pages

Contract No. ___________________


ATTACHMENT A (cont.)
Part 6. This Work Authorization is hereby accepted and acknowledged below.
ENGINEER:
RPS Klotz Associates, Inc.
By:

COUNTY:
Hays County, Texas
By:

Signature
Brent Christian
Printed Name

Signature
Mark Jones
Printed Name

Vice President
Title

Commissioner Precinct 2
Title

__________________________
Date

_______________________
Date

LIST OF EXHIBITS
Exhibit B - Services to be Provided by Engineer
Exhibit C - Work Schedule
Exhibit D - Fee Schedule

46

3 of 3 Pages

Contract No. ___________________


APPENDIX A
SCOPE OF SERVICES

THE ATTACHED SCOPE OF SERVICES IS INTENDED TO BE CONSISTENT WITH THE HAYS


COUNTY PROFESSIONAL SERVICES AGREEMENT. TO THE EXTENT THE SCOPE IS
INCONSISTENT WITH THE PROFESSIONAL SERVICES AGREEMENT, THE PROFESSIONAL
SERVICES AGREEMENT WILL SUPERSEDE THE SCOPE AND WILL BE CONTROLLING.
THE ENGINEER SHALL PROVIDE EXPERT TESTIMONY IN ANY ADMINISTRATIVE OR COURT
PROCEEDINGS THROUGH AN APPROPRIATE ENGINEERING PROFESSIONAL TO BE
DETERMINED BY COUNTY AS ADDITIONAL SERVICES AT THE RATE OF COMPENSATION SET
FORTH IN EXHIBIT II.
EXCEPT AS PROVIDED FOR FEE SERVICES OR WORK-ORDER BASED SERVICES, THE
ATTACHED SCOPE OF SERVICES SHALL INCLUDE A PRODUCTION SCHEDULE REFLECTING A
TIMELINE FOR THE EXECUTION OF THE PROJECT.

47

EXHIBIT B
SERVICES TO BE PROVIDED BY ENGINEER
RPS KLOTZ ASSOCIATES, INC.
HAYS COUNTY, TEXAS
FM 1626: FM 2770 to FM 967
WORK AUTHORIZATION #6-4

FM 1626 Design Services


FM 1626 is a TxDOT roadway being developed by Hays County as a Pass-Through
Finance project. Below is the additional scope of services required for the ENGINEER
to update the current sign and sealed drawings to reflect the Countys requested
revisions.
ROADWAY DESIGN (TxDOT FC 160)
A. CENTEX Right Of Way The ENGINEER shall revise roadway elements
including driveway and guardrail limits to reflect the elimination of the proposed
right of way purchase of CENTEX property shown in the original bid documents.
The ENGINEER shall revise three (3) driveways in the original bid plan, and
design two (2) additional driveways.
B. Removal of Acceleration/Deceleration Lanes The ENGINEER shall remove
the acceleration and deceleration lanes for the CENTEX driveways located at the
north end of Mustang Bridge.
C. Turn Lane Improvements at the Robert S. Light Blvd Intersection with FM
1626 The ENGINEER shall design right and left turn lanes on FM 1626 for the
future ultimate intersection at Robert S. Light Blvd. using TxDOT criteria.
D. The ENGINEER shall finalize project layouts, typical sections, roadway plan and
profile, and the driveway summary to reflect the plan revisions.
DRAINAGE DESIGN (TxDOT FC 161)
A. The ENGINEER shall revise the drainage ditch design, cross culverts, parallel
driveway culverts, limits of grading and need for slope paving due to the
reduction in right of way for the limits of the CENTEX property and turn lane
improvements at Robert S. Light Blvd.
B. The ENGINEER shall finalize drainage calculations, drainage plan and profile,
driveway culverts and culvert layouts to reflect the plan revisions.
SIGNING, STRIPING AND SIGNALS (TxDOT FC 162)
A. The ENGINEER shall revise the pavement marking and signing design to reflect
the removal of the acceleration and deceleration lanes and the added turn lane
improvements at the future ultimate Robert S. Light Blvd. intersection.
B. The ENGINEER shall finalize the sign summary and signing and striping plans to
reflect the plan revisions.

48

MISCELLANEOUS (TxDOT FC 163)


A. Traffic Control Plan The ENGINEER shall revise the detailed traffic control
plans to reflect the changes made by the above mentioned items.
B. Retaining Wall Design The ENGINEER shall analyze and revise four (4)
retaining walls that were required in the original bid plans to reflect the roadway
changes mentioned above. The ENGINEER shall provide design for one (1)
additional retaining wall on the west side of FM 1626 at the future ultimate
intersection of Robert S. Light Blvd.
C. Typical Section The ENGINEER shall revise the typical sections to reflect the
removal of the acceleration and deceleration lanes and the addition of the turn
lanes at the future ultimate Robert S. Light Blvd intersection.
D. Compute and Tabulate Quantities The ENGINEER shall compute and
tabulate all quantities to reflect the project changes listed above.
E. Summary of Changed Quantities The Engineer shall produce a summary of
the quantities that have been revised to reflect the project chances above.
F. Storm Water Pollution Prevention Plan (SW3P) The ENGINEER shall
revise the temporary and permanent SW3P sheets to reflect the changes listed
above.
G. Cross Sections - The ENGINEER shall revise the cross sections to reflect the
removal of the acceleration and deceleration lanes and the addition of the left and
right turning lanes at the future ultimate Robert S. Light Blvd intersection.
PROJECT MANAGEMENT (TxDOT FC 164)
The ENGINEER shall coordinate with the COUNTY, GEC and TxDOT to complete the
project. The ENGINEER shall prepare monthly invoices, weekly progress reports, and
updated schedules.
The ENGINEER shall implement a QA/QC program for the final deliverable with one (1)
round of comments and shall provide documentation of QC reviews upon request.
BRIDGE DESIGN (TxDOT FC 170)
A. Removal of Acceleration/Deceleration Lanes The ENGINEER shall remove
the acceleration lane from the Mustang Creek Bridge requiring the redesign of the
proposed bridge widening to accommodate the adjusted roadway width.
B. Bridge Detail Summary The ENGINEER shall prepare revised bridge
quantities, estimates and specifications.
C. Bridge Structural Details The ENGINEER shall prepare structural design
calculations and develop detailed structural drawings in accordance with
AASHTO LRFD Bridge Design Specifications (2012).
D. The ENGINEER shall finalize bridge layouts, bridge quantities, abutment/bent
plan and elevations, abutment/bent details, framing plans with beam design, and
slab plan and details to reflect the plan revisions.
DELIVERABLES
The ENGINEER shall revise the construction plans to reflect the changes listed above.
The following sheets shall be updated:
2

49

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.

Typical Sections
Summary of Quantities
Project Layout
Traffic Control Plans
Roadway Plan and Profile
Driveway Summary
Existing Utility Plans
Roadway Plan and Profile Conveyor Road
Roadway Plan and Profile Haul Road
Retaining Wall Plan & Profile #1, 2, 3 and 7
Culvert Layout #1, Conveyor Belt and Conveyor Road
Hydraulic Data Sheet Culvert #1
Drainage Plans
Ditch Detail Sheets
Bridge Layouts Mustang Creek
Bridge Quantities Mustang Creek
Abutment 1L & 7L Plan and Elevation Mustang Creek
Abutment 1 & 7 Details Mustang Creek
Bent 2L - 6L Plan and Elevation Mustang Creek
Bent Details Mustang Creek
Bent Table Mustang Creek
Framing Plan - Mustang Creek
Slab Plan Mustang Creek
Slab Detail Mustang Creek
IGND Mustang Creek
Temporary Erosion Control Plans
Permanent Erosion Control Plans
Signing and Striping Plans
Cross Sections

The ENGINEER shall provide three (3) hard copies and an electronic copy of the revised
bid drawings for initial review and final submittal.
CONSTRUCTION PHASE SERVICES
The ENGINEER shall continue to provide construction phase services outlined in Work
Authorization #6. These services include:
1.
2.
3.
4.

Review and approval of construction shop drawings.


Review and response to contractors requests for information (RFIs)
Attendance at regularly scheduled construction meetings (3hrs/month)
General construction coordination with the County, TxDOT, HNTB and the
contractor.

50

EXHIBIT C
WORK SCHEDULE
RPS KLOTZ ASSOCIATES, INC.
HAYS COUNTY, TEXAS
FM 1626: FM 2770 to FM 967
WORK AUTHORIZATION #6-4

FM 1626 Work Schedule


May 2016 August 2016:
Design and construction plan revisions as described in Exhibit B: Scope of Services to be
Provided by Engineer. Specific deliverable dates for interim and final plan review will be
determined and scheduled as needed to meet the construction start date.
September 2016 June 2018:

22 Months

Construction Phase services to be provided as described in Exhibit B: Scope of Services


to be Provided by Engineer.

51

EXHIBIT D
FEE SCHEDULE WA # 6-4 - (Additional Services)
PROJECT NAME: FM 1626 from FM 2770 to FM 967
PRIME PROVIDER NAME: RPS KLOTZ ASSOCIATES

REV.

TASK DESCRIPTION
PRINCIPAL

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

8
2

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

4/25/2016

TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

LABOR HRS
PER SHEET

3
40
8
4
4

2
5
1
1
1

2
8
8
4
4

59

10

5.9

TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

LABOR HRS
PER SHEET

37
20
7
7
11
12

5
2
1
1
1
1

7
10
7
7
11
12

94

11

TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

LABOR HRS
PER SHEET

25
8

5
1

5
8

33

ROADWAY DESIGN (FC 160)


REVISE PROJECT LAYOUTS
REVISE ROADWAY PLAN AND PROFILE
REVISE DRIVEWAY SUMMARY
REVISE CONVEYOR ROAD PLAN AND PROFILE
REVISE HAUL ROAD PLAN AND PROFILE
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL (FC 160)

1
10
4
3
3

1
1

2
20
2

0
$250.00
$0.00

2
$195.00
$390.00

10
$180.00
$1,800.00

2
$140.00
$280.00

0
$120.00
$0.00

21
$95.00
$1,995.00

0
$125.00
$0.00

24
$90.00
$2,160.00

0
$65.00
$0.00

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

PRINCIPAL

TASK DESCRIPTION

$6,625.00

DRAINAGE DESIGN (FC 161)


REVISE DRAINAGE PLAN SHEETS
REVISE DITCH TABLE SHEETS
REVISE CONVEYOR BELT CULVERT PLAN AND PROFILE LAYOUT
REVISE CONVEYOR ROAD CULVERT PLAN AND PROFILE LAYOUT
REVISE CULVERT #1 PLAN AND PROFILE LAYOUT
REVISE CULVERT #1 HYDRAULIC DATA SHEETS
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL (FC 161)

15
8
2
2
5
5

20
12
5
5
6
5

0
$250.00
$0.00

2
$195.00
$390.00

2
$180.00
$360.00

37
$145.00
$5,365.00

0
$120.00
$0.00

43
$95.00
$4,085.00

0
$125.00
$0.00

10
$90.00
$900.00

0
$65.00
$0.00

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

PRINCIPAL

TASK DESCRIPTION

$11,100.00

SIGNING, STRIPING AND SIGNAL DESIGN (FC 162)


REVISE SIGNING AND STRIPING LAYOUTS
REVISE SUMMARY OF SIGNS
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL (FC 162)

2
2
0
$250.00
$0.00

0
$195.00
$0.00

8
4

4
$180.00
$720.00

0
$145.00
$0.00

52

PAGE 1 OF 3

0
$120.00
$0.00

12
$95.00
$1,140.00

15
2
0
$125.00
$0.00

17
$90.00
$1,530.00

0
$65.00
$0.00

$3,390.00

Exhibit D-2 Fee Schedule WA #6-4.xls

EXHIBIT D
FEE SCHEDULE WA # 6-4 - (Additional Services)
PROJECT NAME: FM 1626 from FM 2770 to FM 967
PRIME PROVIDER NAME: RPS KLOTZ ASSOCIATES

REV.

TASK DESCRIPTION
PRINCIPAL

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

4/25/2016

TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

LABOR HRS
PER SHEET

10
30
6

4
15
3

3
2
2

30
24
12
10
8
10
52

4
1
2
N/A
N/A
10
34

8
24
6

192

73

LABOR HRS
PER SHEET

MISCELLANEOUS (FC 163)


TRAFFIC CONTROL PLAN:
REVISE OVERALL PHASING LAYOUT
REVISE TCP, DETOURS AND SEQUENCE OF CONSTRUCTION (3 PHASES)
REVISE TCP TYPICAL SECTIONS
REVISE RETAINING WALL LAYOUTS (4)
PREPARE ADDITIONAL RETAINING WALL LAYOUTS (1)
REVISED PROPOSED TYPICAL SECTIONS
COMPUTE & TABULATE QUANTITIES
SUMMARY OF CHANGED QUANTITIES
REVISE SW3P LAYOUTS
REVISE CROSS SECTIONS
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL (FC 163)

8
5
4

2
8

5
6
2

15
16

10
10

2
2
10

15
2

10
6
4
10

20

4
10

0
$250.00
$0.00

6
$195.00
$1,170.00

0
$180.00
$0.00

44
$145.00
$6,380.00

0
$120.00
$0.00

71
$95.00
$6,745.00

20
$125.00
$2,500.00

51
$90.00
$4,590.00

0
$65.00
$0.00

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

PRINCIPAL

TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

6
8

10

2
2

18
19

N/A
N/A

3
$250.00
$750.00

14
$195.00
$2,730.00

10
$180.00
$1,800.00

6
$145.00
$870.00

0
$120.00
$0.00

0
$95.00
$0.00

0
$125.00
$0.00

0
$90.00
$0.00

4
$65.00
$260.00

37

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

PRINCIPAL

TASK DESCRIPTION

1
2

$21,385.00

PROJECT MANAGEMENT (164)


COORDINATION WITH COUNTY, TxDOT AND GEC (DESIGN PHASE)
QC/QC DELIVERABLES
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL (FC 164)
TASK DESCRIPTION

$6,410.00
TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

LABOR HRS
PER SHEET

36
12
34
10
42
10
24
10
26
16

2
1
2
1
2
1
3
1
3
1

18
12
17
10
21
10
8
10
9
16

220

17

13

BRIDGE DESIGN (FC 170)


REVISE BRIDGE LAYOUTS
REVISE BRIDGE QUANTITIES
REVISE ABUTMENT PLAN & ELEVATION
REVISE ABUTMENT DETAILS
REVISE BENT PLAN & ELEVATION
REVISE BENT DETAILS
REVISE FRAMING PLAN
REVISE IGND
REVISE SLAB PLAN
REVISE SLAB DETAILS
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL (FC 170)

16
4
16
2
24
2
8
2
8
4

2
2

0
$250.00
$0.00

10
$195.00
$1,950.00

0
$180.00
$0.00

86
$145.00
$12,470.00

53

PAGE 2 OF 3

16
8
16
8
16
8
16
8
16
12
0
$120.00
$0.00

124
$95.00
$11,780.00

0
$125.00
$0.00

0
$90.00
$0.00

0
$65.00
$0.00

$26,200.00

Exhibit D-2 Fee Schedule WA #6-4.xls

EXHIBIT D
FEE SCHEDULE WA # 6-4 - (Additional Services)
PROJECT NAME: FM 1626 from FM 2770 to FM 967
PRIME PROVIDER NAME: RPS KLOTZ ASSOCIATES

REV.

TASK DESCRIPTION
PRINCIPAL

SENIOR
PROJECT
MANAGER

SENIOR
PROJECT
ENGINEER

10

20

PROJECT
ENGINEER

GRADUATE
ENGINEER
2

GRADUATE
ENGINEER
1

SENIOR
DESIGNER

CADD
TECH

CLERICAL

4/25/2016

TOTAL
LABOR HRS.
& COSTS

NO OF
DWGS

LABOR HRS
PER SHEET

80
60
92
48

N/A
N/A
N/A
N/A

N/A
N/A
N/A
N/A

280

CONSTRUCTION PHASE SERVICES


ADDRESS REQUEST FOR INFORMATION (30 RFIs)
PROVIDE PERIODIC SITE VISITS (3 HRS/MONTH 20 MONTHS)
REVIEW SHOP DRAWINGS
COORDINATION WITH CONTRACTOR/COUNTY/GEC
HOURS SUB-TOTALS
LABOR RATE PER HOUR
SUBTOTAL

50
60

0
$250.00
$0.00

8
10

24
20

28
$195.00
$5,460.00

64
$180.00
$11,520.00

50
8
60
$145.00
$8,700.00

108
$120.00
$12,960.00

10
10
0
$95.00
$0.00

0
$125.00
$0.00

0
$90.00
$0.00

20
$65.00
$1,300.00

$39,940.00

SUMMARY
ROADWAY DESIGN (FC 160)
DRAINAGE DESIGN (FC 161)
SIGNING, STRIPING AND SIGNAL DESIGN (FC 162)
MISCELLANEOUS (FC 163)
PROJECT MANAGEMENT (164)
BRIDGE DESIGN (FC 170)
CONSTRUCTION PHASE SERVICES

$6,625.00
$11,100.00
$3,390.00
$21,385.00
$6,410.00
$26,200.00
$39,940.00

$750.00

SUBTOTAL LABOR EXPENSES


DIRECT EXPENSES
MILEAGE @ $0.54 per mile
PHOTO COPIES (8 1/2" x 11"; @ $0.10 per copy)
PHOTO COPIES (11" x 17"; @ $0.15 per copy)
PLAN REPRODUCTION (@$100 SET)
DELIVERIES (@ $25.00 per delivery)

$12,090.00

$16,200.00

$34,065.00

1,200
100
1,100
4
4

$12,960.00

$25,745.00

$2,500.00

$9,180.00

$1,560.00

$115,050.00

$648.00
$10.00
$165.00
$400.00
$100.00

$1,323.00

SUBTOTAL DIRECT EXPENSES

TOTAL (FM 1626 DESIGN SERVICES)

$116,373.00
$116,373.00

RPS KLOTZ ASSOCIATES TOTAL

GRAND TOTAL (WA #6-4)

$116,373.00

54

PAGE 3 OF 3

Exhibit D-2 Fee Schedule WA #6-4.xls

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Amend the Office of the Governor, CJD Veteran's Court Grant program operating budget for approved out of state
travel and other operating expenses.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

N/A

LINE ITEM NUMBER

001-612-99-083]

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

Judge David Glickler

INGALSBE

N/A

SUMMARY

The granting agency has authorized a budget adjustment utilizing their medical insurance savings for key personnel
to attend the National Association of Drug Court Professionals conference. Other budget adjustments are needed
to line up the county's financial software with the grant budget.
27B56814309

See attached budget amendment.


28B5761430

55

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Ratify the execution of a Notice of Intent for a TPDES General Permit under the Texas Commission on
Environmental Quality Stormwater Program.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

TBD

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

GARZA

JONES

N/A

SUMMARY

Staff has received all necessary approvals for moving forward with construction of improvements to the Gay Ruby
Dahlstrom Nature Preserve at Dahlstrom Ranch. A scan of the notice is attached.
27B583196

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize the County Judge to sign an agreement with ARC Document Solutions for off-site scanning services for
the Development Services Division's permit records.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

$31,650

LINE ITEM NUMBER

106-610-00.5548

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Roxie McInnis

COBB

N/A

SUMMARY

The Development Services Division has been working diligently in coordination with the Records Management
Officer to digitize the Division's permit records. Off-site scanning of the 13,000+ permit files is a more cost-effective
and efficient solution than scanning the files by staff during business hours. While not the lowest bid, ARC
Document Solutions was chosen due to their thorough inventory/manifest system as well as their low records
request costs.
27B583196

78

Statement of Work
HAYS COUNTY DEVELOPMENT SERVICES
PERMIT RECORDS SCANNING PROJECT
4/29/2016

Prepared by:
Bill Holder
DataBank IMX
www.databankimx.com

79

Table of Contents
VERSION CONTROL............................................................................................................................................... 1
DOCUMENT ATTRIBUTES ................................................................................................................................................. 1
REVISION HISTORY .......................................................................................................................................................... 1
INTRODUCTION/OVERVIEW ............................................................................................................................... 2
OBJECTIVE .............................................................................................................................................................. 2
PROJECT NARRATIVE .......................................................................................................................................... 2
SCOPE OF SERVICES ............................................................................................................................................. 3
VOLUME BREAKDOWN ........................................................................................................................................ 6
COMPENSATION AND PAYMENT SCHEDULE.................................................................................................. 6
CHANGE ORDER AUTHORIZATION................................................................................................................... 7
BINDING AFFECTS AND AGREEMENTS ............................................................................................................ 7
ACCEPTANCE OF SOW.......................................................................................................................................... 7

DataBank IMX

Confidential
80

Page i

Version Control
Document Attributes
Document Name
Document Identifier

Statement of Work
Permit Records Scanning Project

Revision History
Version
Number
1.0
1.1

Date
4-27-16
4-29-16

DataBank IMX

Responsibility
(Author)
Bill Holder
Bill Holder

Description
Original Version
Revised Oversize volume

Confidential
81

Introduction/Overview
DataBank and Hays County Development Services are engaging in a project involving the
digitization of the Permit Records for Hays County Development Services. All capture work will be
performed at the DataBank location at 2720 Reed Rd. in Houston, TX.,

Objective
The objective of this document is to present the project scope, deliverables, assumptions, and
services estimate for implementing the solution for Hays County Development Services. It will also
serve to solicit approval from Hays County Development Services to move ahead with the
described activities upon receipt of a signed copy.

Project Narrative
This engagement is intended to capture the digital images of the Permit Records of Hays County
Development Services and provided document classification services to properly identify each
document type. These records are located in San Marcos, TX.
1. DataBank will pick up all documents specified by Hays County Development Services for
digitization.
2. While documents are in possession of DataBank, Hays County Development Services will
have access to records through DataBanks record retrieval process. Procedures for this will
be provided to Hays County Development Services during initial project kick-off.
3. The volumes of the project are estimated at 13,000 file folders containing 312,000 images.
30% of the folders contain oversized drawings. Scanning is to be done at 300DPI black and
white, unless the page has significant color. (Estimated at less than 5%)
4. Indexing will only be done by three fields with two varieties Subdivision Name Permit
Number or Last Name Permit Number. Example Barron 2016-1234 or Country Oaks
2015-1234. The third field is the document type.
5. Visual verification and basic sampling will be performed to ensure that all images are
legible and properly scanned for optimal viewing.
6. DataBank will provide images and indices on DVD media or secure electronic drive.
7. Documents may be rubber banded when returned, no additional re-prep is required.

DataBank IMX

Confidential
82

Scope of Services
The scope of this initiative will be limited to the following activities:
1.
2.
3.
4.
5.
6.
7.

Project Initiation/Planning
Document Pickup
Document Manifesting
Document Scanning
Document Indexing/Classification
Document Quality Control
Document Delivery

Activity

Description

Project Initiation/Planning

Document Purge/Pickup

Document

Manifesting/Record Removal

DataBank IMX

Internal project review and team assignment


Schedule document review meeting with Hays County
Development Services and small DataBank team to review any
potential scan or document classification challenges
Production Schedule to be provided by DataBank
DataBank will provide team to pull records from shelves in at
location.
Records will be boxed in shelf order, as provided by Hays County
Development Services.
Boxes will be identified by range within box
Manifesting of records will occur at DataBank location
Pickup schedule will be decided mutually between DataBank and
Hays County Development Services
When records arrive at DataBank, DataBank will make record of
every individual file contained within the box
Hays County Development Services will be provided with
database of records manifested during this process
DataBank will utilize this manifest list to ensure that each and
every personnel file is electronically captured, identified, and
delivered to Hays County Development Services

Confidential
83

Activity

Description

Document Scanning

Permit Records will be scanned as 300DPI multipage TIF images


Each document will be saved as a multipage file
Scanners are maintained and monitored to prevent image
degradation.
At the beginning of each shift and after return from each break
scanners are properly cleaned and adjusted.
Scanners are set at a threshold to produce the best possible image
from all image quality types within the files
Where applicable, Blank Pages are removed electronically by a
defined threshold level. DataBank follows ANSI/AIIM MS521991 (Recommended Practice for the Requirements and
Characteristics of Documents Intended for Optical Scanning) in
analyzing the physical characteristics of source documents.
DataBank will incorporate electronic blank page deletion of
images with an application setting size of 1KB per image which
will remove approximately 85% of the blank images. The size
may be adjusted if we find that we are deleting pages with small
amount of data (pages with date stamps or other small artifacts,
etc.). By using this technique false positives are possible due to
bleed through from the front side of the page when ultra-thin
paper is encountered. Client can expect some blank pages with
the final product which can be removed manually by Databank
before delivery for a fee or by the client after the images have
been delivered.

Document Indexing

DataBank will index the following fields for each Employee File:
o Subdivision Name or Name
o Permit #
o Document Type
Applications
Issued Permits
Plans and Designs

Document Quality Control

Basic QC
o Images are inspected for quality (skewing, double feeds,
contrast, and readability) as part of the scanning process.
o Images found to be of poor quality are either rescanned or
identified with poor quality target.

Pickup/Delivery

One single pickup from Hays County Development Services


Houston will take place for all Permit Records designated for
project.
At completion of project, all Permit Records will be returned to
Hays County Development Services or destroyed as part of an
additional service

DataBank IMX

Confidential
84

Activity

Description

Service Level Agreement

DataBank IMX

From each delivery, Hays County Development Services will


have four weeks to inspect documents for errors. After this time,
all work is accepted as completed.

Confidential
85

Volume Breakdown
The following is a summary of the Permit Records and the estimated pages to be captured. As this
is an estimate, the actual number will be determined during the early stages of this engagement and
these volume estimates will be verified against actual volumes.
Item Description

Pricing
Unit

CCG
Price

Units

Extended
Price

Notes

Scanning Services multiple

300 DPI BW & Color Std Size

Per Image

$0.074

310,000

$22,940.00

Image
Estimate

Scanning Services multiple

Color BW Oversize

Per Image

$1.40

7,800

$10,920.00

Image
Estimate

Imaging Services

Item

Assumes 1
hour/box
Three person
team - one
day optional

Data Entry

64

Manifest/Indexing

Per Hour

$21.00

130

$2,730.00

Document
Preperaration

65

Boxing of Records - 130 boxes

Per Hour

$21.00

24

$504.00

Boxes

Per Box

$2.75

130

$357.50

Boxes

Delivery Media

51

External hard drive

Per Drive

$0.00

$0.00

No Charge

Personnel

60

Project Manager

Per Hour

$48.00

16

$768.00

4 hours/week

Transportation of
Source Material

71

Vehicle charge per mile over 20


miles round trip

Per mile

$0.55

400

$220.00

Roundtrip

Output File
Formating

75

Image output in non-proprietary


file formats

Per Image

$0.00

310,000

$0.00

No Charge

TOTAL

TOTAL

$38,439.50

All volumes shown to complete the project are estimations of the anticipated amount needed to
complete the project. Hays County Development Services will be invoiced based on the amount of
volume and time actually required to complete the project. Pricing also assumes that the processes
defined in this SOW are followed during the project duration. Any changes in scope or service level
may involve additional proposed services or pricing. This quotation is good for 30 days from date
of document. Payment terms are net 30 days. This SOW pricing supersedes all other contracts for
services.

Compensation and Payment Schedule


Vendor will charge and bill services fees to Hays County Development Services for the deployment
services provided under this SOW in the following manner:
1. Services will be billed on a monthly basis based upon work performed and delivered during
that months processing.
2. Services will be detailed by line item and volumes on every invoice

DataBank IMX

Confidential
86

Change Order Authorization


In the event that additional services are required outside the scope of this SOW a change order will
be generated. The change order will contain the details of the extension to this SOW and will
contain Time and Cost estimates. Once the change order has been executed by both parties a new
SOW will be generated to cover the items listed in the change order.

Binding Affects and Agreements


This SOW shall be binding upon and shall inure to the benefit of the parties and their respective
successors and permitted assigns. Neither party may assign its rights or obligations under this SOW,
in whole or in part, to any other person or entity without the prior written consent of the other party.
Any change in control resulting from an acquisition, merger or otherwise shall constitute an
assignment under the terms of this provision. Any assignment made without compliance with the
provisions of this section shall be null and void and of no force or effect.

Acceptance of SOW

This SOW represents Vendors offer to perform the project on the terms set forth herein; and this
offer shall be accepted only upon Hays County Development Services signing and delivering this
SOW to Vendor within 30 days from the date of this document (the Acceptance Deadline).
Vendor may withdraw this offer at any time prior to acceptance by Hays County Development
Services. In any event, this offer shall be void, and shall for all purposes be deemed to have been
withdrawn by Vendor, if this offer is not accepted, in the manner provided above, by Hays County
Development Services on or before the Acceptance Deadline.
For purposes of this SOW, a signed copy delivered by facsimile or electronically shall be treated by
the parties as an original of this SOW and shall be given the same force and effect.
IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this SOW
as of the date(s) set forth with their respective signatures below.

DataBank IMX

Hays County Development Services

Company Name

Company Name

By (Signature)

By (Signature)

Printed Name and Title

Printed Name and Title

Dated

Dated

DataBank IMX

Confidential
87

Russell Haddock, Territory Manager

CORPORATE OFFICE
Sales Department
PO Box 2235 Tallahassee, Florida 32316
(800) 342-2633 FAX (850) 564-7496

Municipal Code Corporation

RUSSELL HADDOCK
Territory Manager (TX, LA, OK, MO, CO NM, KS)
7940 Park Ridge Drive Forth Worth, TX 76137
(817)909-9266 rhaddock@mccinnovations.com

April 12, 2016

Ms. Roxie McInnis


Division Manager
102 North LBJ Drive
San Marcos, TX 78666
Dear Ms. McInnis:
Thank you for speaking with me recently regarding Conversion and Indexing services for your records.
We have enclosed a proposal per our conversation.
If you have any questions concerning our proposal or desire additional information, please do not
hesitate to contact me. We appreciate your interest and look forward to working with you.

Sincerely,

Russell Haddock
Territory Manager

88

Quotation Sheet
SCOPE OF SERVICES AND PROJECT PRICING
The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy
/electronic documents to be converted.
PROJECT SCOPE 1 Conversion of Documents up to 11x17 in size. Total Estimated Pricing includes
pickup / delivery. All estimates are based on information provided by the client

General Description
Document Types:

Image Count:

Permits (Applications, Building Permits, Septic Permits, Flood Plain


Permits, etc)
Estimated 13,000 Total Folders with an estimated average of 24 pages
each. Each folder actually contains 3 documents. Hays County will
create a slip sheet that will identify the document types.
Total Documents = 39,000 (13,000 x 3)
Total Images = 312,000

Document Preparation:
Current Storage Method:
Condition of documents:

File Folders
Great Condition, light prep required, some clips and brads.

Image Processing
DPI & Color:
Indexing Requirements:

Document Count:

Optical Character Recognition

300 DPI, Black & White


Up to 2 Fields Subdivision or Persons Name, Permit Number
(Document will be named by a combination of both index fields)
Not Included

Image Output
Media:
Output & Content:
Media Cost:

Removable Hard Drive


Straight PDFs
$60 per set

Material Handling
Shipping Logistics:
Shipping & Delivery Terms:
Pickup / Delivery Charge:

MCCi Pickup
Up to 1 shipment (if job is broken up, volume pricing must be also)
$750 Round Trip

Special notes:

The documents do not need to be put back in the folders when


returned, but they do need to be kept in order of scanning and within
the same box.

Project I Conversion of Documents up to 11x17 in size


Excess Images @ $0.09
*BuyBoard Pricing at estimated volume:
$0.09 per image, $0.02 Doc Prep per Image (312,000 Images), $0.12 per Index Field (78,000 Index Fields)

89

$43,680

PROJECT SCOPE 2 Conversion of Documents up to 42 wide in size. Total Estimated Pricing includes
pickup / delivery. All estimates are based on information provided by the client

General Description
Document Types:

Image Count:

Permits (Applications, Building Permits, Septic Permits, Flood Plain


Permits, etc)
Estimated 13,000 Total Documents. 30% of the documents contain
approximately 2 large format images.
Total Large Format Documents = 3,900
Total Large Format Images = 7,800

Document Preparation:
Current Storage Method:
Condition of documents:

File Folders
Great Condition, maps are folded in file folders

Image Processing
DPI & Color:
Indexing Requirements:

Document Count:

Optical Character Recognition

300 DPI, Black & White


Up to 2 Fields Subdivision or Persons Name, Permit Number
(Document will be named by a combination of both index fields)
Not Included

Image Output
Media:
Output & Content:
Media Cost:

Removable Hard Drive


Straight PDFs
$60 per set

Material Handling
Shipping Logistics:
Shipping & Delivery Terms:
Pickup / Delivery Charge:

MCCi Pickup
Up to 1 shipment (if job is broken up, volume pricing must be also)
$750 Round Trip

Special notes:

The documents do not need to be put back in the folders when


returned, but they do need to be kept in order of scanning and within
the same box.

Project 2 Conversion of Large Format Documents


Excess Images @ $1.47

$12,948

*BuyBoard Pricing at estimated volume:


$1.45 per image, $0.02 Doc Prep per Image (7,800 Images), $0.19 per Index Field (7,800 Index Fields)

Totals
Regular Format = $43,680
Large Format = $12,948
Media = $60
Pickup / Delivery (round trip) = $750
Total Estimated Price = $57,438
PAYMENT & BILLING TERMS
MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the
internet). Payment is due upon receipt of an invoice.

90

Government Not-to-Exceed Scanning


Pricing
Image Quantity

300 DPI
Scanning per
Image

Doc Prep
per Page

OCR per
Image

Per Image

< 300

$0.80

$0.25

$0.01

Per Image

< 2,000

$0.30

$0.20

$0.01

Per Image

< 5,000

$0.20

$0.15

$0.01

Per Image

< 10,000

$0.18

$0.10

$0.01

Per Image

< 25,000

$0.16

$0.10

$0.01

Per Image

< 100,000

$0.12

$0.05

$0.01

Per Image

< 250,000

$0.11

$0.02

$0.01

Per Image

< 500,000

$0.09

$0.02

$0.01

Per Image

> 500,001

$0.07

$0.02

$0.01

Image Quantity

300 DPI
Scanning per
Image

Doc Prep
per Page

Per Image

< 500

$2.00

$0.02

Per Image

< 1,000

$1.75

$0.02

Per Image

< 10,000

$1.45

$0.02

Per Image

< 25,000

$1.35

$0.02

Per Image

< 50,000

$1.20

$0.02

Per Image

> 50,000

$1.10

$0.02

Regular Size Images up to


11"x17"

Large Format up to 42" wide

Color Scanning

Scanning Rate per Image

Regular Size

$0.50 per image in addition to scanning rate for regular images

Large Format

$1.00 per image in addition to scanning rate for large format images

Microform Images **$100


Minimum Charge**

16mm
Microfilm

Image Quantity

35mm
Microfilm

16mm
Microfiche

Per Image

< 5,000

$0.060

$0.085

$0.130

Per Image

< 10,000

$0.050

$0.075

$0.125

Per Image

< 25,000

$0.050

$0.075

$0.120

Per Image

< 50,000

$0.045

$0.070

$0.120

Per Image

> 50,000

$0.040

$0.065

$0.115

Image Quantity

Scanning
Rate per
Image

Per Image

< 1000

$2.00

Per Image

< 10,000

$1.25

Per Image

< 25,000

$1.15

Per Image

> 25,000

$1.10

Bound Book Scanning

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Total
Indexes

Price per
index

Per Index Field

< 500

$0.35

Per Index Field

< 1,000

$0.33

Per Index Field

< 10,000

$0.19

Per Index Field

< 25,000

$0.16

Per Index Field

< 50,000

$0.13

Per Index Field

< 100,000

$0.12

Per Index Field

> 100,001

$0.10

Indexing Fields--per Index

Electronic media
DVD/CD, Per Set
Pick Up and Delivery

Burning Rate
$60.00
Rate

Minimum

Pick Up, Per Box

$15.00

$75.00

Delivery, Per Box

$15.00

$75.00

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MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly organized and existing under the
laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserfiche Software & Services to the HAYS COUNTY, TX, a
corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and
conditions.
MCCI DOCUMENT SERVICES INDEXING SERVICES. Once MCCi has received your documents, the following process will occur
according to the terms laid out in MCCis pricing proposal and may vary according to services selected.
CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is
designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming
scheme, document preparation requirements, and document shipment and/or pick up.
DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing
any materials that may prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal
of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCCi will organize the
documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically
stated otherwise in the project scope.
DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your consultation, MCCi will organize and
index your documents. Each project will have its own required organization and indexing requirements. Our project management team
will work with the Client to identify those requirements. Prior to project kickoff we will send the Client example template cards and filetree structure for their approval. Or, if the Client already has existing Laserfiche template cards created for a specific document series,
they can send us that template via Laserfiche Briefcase.
DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Steps are taken to
ensure each document has been captured, the quality of the scanned image is comparable to the original, and all manual indexing errors
have been corrected. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will
correct only those valid discrepancies reported within 90 days after delivery of electronic data to Client.
DOCUMENT STORAGE. MCCis facilities contain secure rooms for hardcopy work in progress document storage. MCCi will arrange for
the return of hardcopy documents to the client after completion of scanning. If documents reside at MCCi facilities for a period longer
than 90 days after converted electronic data is delivered to client storage charges will apply.
DATA STORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a
recurring basis, utilize MCCis Online Document Hosting Services. MCCi periodically reviews and deletes client data from previous
projects. The timing of the periodic review and deletion of data is at MCCis discretion. MCCi recognizes that for records retention and
security compliance, the Client may require MCCi to delete copies of its data prior to MCCis process of deleting data; If so, the Client is
responsible for making the request in writing and for obtaining confirmation of data deletion.
ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the
organization with scanning services for documents other than those described in this pricing proposal. All costs are volume based and
can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine
individual scanning and indexing needs.
MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards.
The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche
and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based
upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible
for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non-legible images, or other errors that
are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique
identifier.
LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents with the LaserFiche
Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive
browse window, index cards, and full text word search. MCCi will provide the Client with the appropriate media containing all documents
scanned and integrated with Laserfiche.

93

ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a
direct link which can then be linked to the Clients website for public access if desired. Document storage cost is determined upon actual
image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended.
PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the
Client. Should MCCi require additional time, the Client will be notified immediately.
DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCis instruction prior to delivery of materials to
MCCi facilities. If the client chooses to utilize MCCis pick up and delivery service (offered in select states), pricing is based on picking up
the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the
Client not having all the documents ready for pick up, additional charges will be applied. If the client chooses to ship via a certified
carrier, the client incurs all shipping costs.
PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire
project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional
charges per image may apply. A sample may be required prior to confirming large volume job pricing.
UNANTICIPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that customer will properly prepare and
annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If
documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project.
LASERFICHE SYSTEM CUSTOMERS. Due to requirements by Laserfiche systems regarding the importing of images and indexing
information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only
Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into
the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our
Laserfiche system clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. Additionally,
Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each
scanning project / updates to existing projects.
MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting client
expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCi.
AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency to purchase items at
the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms
and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the
sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in
connection with any purchase by another Government agency.
TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of
shipment of the completed product to the organization. Thereafter, this agreement will be automatically renewed from year to year,
provided that either party may alter or cancel the terms of this agreement upon sixty (60) days' written notice.
FORCE MAJEURE. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control.
CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCi may require payment in advance for products and services in response to learning of
financial solvency or bankruptcy issues.
LIMITED LIABILITY. In no event shall MCCis total liability to the client exceed the project fees paid to MCCi by the client.
PAYMENT & BILLING TERMS. MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the
internet). Payment is due upon receipt of an invoice.
MARKETING & REFERENCES Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to
MCCis work with the Client. This information, including the Clients organization name, logo, and contact information will be used in all
media types

94

The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the
date appearing below, unless accepted by the Client.
Submitted by:

MCCi, a Limited Liability Company

Date:

April 12, 2016

By:

_______________________________________________
(Signature)

_______________________________________________
(Printed Name & Title)

Noted Items Accepted by:

HAYS COUNTY, TX

Date:

_____________________________________________

By:

______________________________________________
(Signature)
______________________________________________
(Printed Name & Title)

95

96

April 29, 2016

This Proposal Prepared Specifically For:

HAYS COUNTY GOVERNMENT CENTER

Re: Request for proposal for an electronic document management solution

Proposal Submitted To:

HAYS COUNTY GOVERNMENT CENTER Proposal Evaluation Team


Attn: Melody Barron
712 S. Stagecoach Trail
San Marcos, Texas 78666
melody.barron@co.hays.tx.us

Submitting Party:

ARC Document Solutions


Attn: Angee Wilbur
4107 S. Capital of TX Hwy. Ste. 400
Austin, TX 78704
Cell: 512-774-804
angee.wilbur@e-arc.com

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97

Table of Contents:
1.0

Proposal
Executive Summary
Company Overview
1.1

ARC Management Personnel

1.2

Understanding HAYS COUNTY GOVERNMENT CENTER and the Imaging Project Requirements

1.3

Experience, Capabilities HCGC/Coordination and Project Management Services

1.4

High-Quality Equipment and Proven Workflows

Deliverables
1.5

Execution and Transportation Plan

Costs
1.6

Standard Scope Pricing Matrix

1.7

Estimated Schedule

Relevant References
Customer Stories

HCGC of Palo Alto

Jackson County

TULSA COUNTY, OKLAHOMA

Grady County Clerk

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98

1.0 Proposal
Executive Summary
ARC Document Solutions, Inc. (ARC) would like to be considered to provide HAYS COUNTY GOVERNMENT
CENTER (HCGC) with a scanning and conversion solution for their digital imaging and document conversion
needs. As a leader in the field of Document Management, we are confident in our ability to provide HCGC a
scanning solution that meets all of their project objectives at a competitive cost, while providing the additional
long-term benefits of producing high-quality reusable digital files for any future requirement.
HCGC has identified the following items as some key project objectives:
Approximately 13,000 File Folders

Estimate there are 312,000 images (Average of 24 pages per folder)

Estimate that 30% of the file folders have documents larger than 11x17

Blue prints, plats, plans, and designs range from 8.5x11 to Arch D size

Some pages are double sided

All documents need to be scanned in 300dpi


Documents are in black and white and color. The majority of the documents are in black and white.
But maps, plats, blueprints and plans can be in color
Documents will be saved in PDF format
The documents consist of text documents, hand written documents, carbon paper, maps, photos,
blueprints, plats, plans, and designs
We would like to continue with our current system for saving these electronic records that is listed
below
We create a file folder titled as either Subdivision Name Permit Number or Last Name Permit
Number
Example Barron 2016-1234 or Country Oaks 2015-1234
The file folders have the subdivision name, last name, and permit number either written or printed
on it
The contents of the folder are then divided into 3 groups, Applications, Issued Permits, and Plans
and Designs
We have 3 PDF files inside the folder titled as follows: Subdivision/Last Name Permit # Applications Subdivision/Last Name Permit # - Issued Permits Subdivision/Last Name
Permit # - Plans and Designs

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99

Not all folders contain the 3 groups. It can be 1-3 of the groups
Staff will sort the document contents for you into the 3 groups
See pictures below for examples
Our records are stored on our servers in SharePoint and will be uploaded into a permitting software.
We would like to receive these either on CD/DVD, external hard drive, USB/Flash, portable or
removable device to transfer onto our systems
These records are permanent records
We would like to see quotes for scanning off-site and on-site
The documents have staples and/or paperclips
Large documents are folder to fit the folder
Some of the file folders have brads that hold the folder contents
When returned, we do not need the document reassembled or stapled.

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100

ARC Document Solutions hereby certifies that all information contained and presented within this proposal
document is accurate and in compliance with the requirements and terms set forth in this RFQ.

Our mission is simple To deliver our Customers time-critical information whenever they want it,
wherever they want it, in whatever form they want it.

Angee Wilbur - ARC Document Solutions | Region 3


Account Executive
4107 S. Capital of TX Hwy. Ste. 400, Austin, TX 78704
Cell: 512-774-8043
email: angee.wilbur@e-arc.com
www.e-arc.com

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Company Overview
ARC Document Solutions (formerly Ridgways Ltd. founded 1926) is one of the leading document solutions
companies in the United States, surpassing its nearest competitor in locations, size, number of employees and
revenues by more than 10 times. ARC has a heavy focus on providing business-to-business document
management technology and services to the architectural, engineering and construction (AEC) industries; but
also provides document solution services to companies in non-AEC industries, such as oil & gas, technology,
financial services, transportation, retail, education, entertainment, and food & hospitality. ARC provides its
services through its collection of experienced employees & developed technology products, along with a
network of hundreds of production facilities across the North America, Europe, and Asia. ARC is a publicly
traded corporation (NYSE: ARC) that was incorporated in Delaware; although the company headquarters is
located in California:

ARC Document Solutions, LLC - 1981 N. Broadway, Suite 385- Walnut Creek, CA 94596
o Dunn & Bradstreet # 00-809-9053
o SIC Code 7374 Computer Processing and Data Preparation and Processing Services
o SIC Code 2759 Commercial Printing

The ARC Board of Directors is made up of the following members:

K. Suriyakumar
Thomas J. Formolo
Manuel J. Perez de la Mesa
Eriberto R. Scocimara
Mark W. Mealy
Dewitt Kerry McCluggage
James F. McNulty

Chairman, President & CEO


Director
Director
Director
Director
Director
Director

Additional information surrounding our Board of Directors, CEO & Chief Officers, and recent financial
information are available on our website, www.e-arc.com under the Investors menu, or within our recent SEC
Fillings posted online.
Also, with such a strong focus on Document Archiving and Record Preservation, ARC has assembled and
produced a helpful video series dedicated to Records and Information Governance, and an e-book on
Document Retention and Information Governance which it makes available on its website, for informational
purposes only.
This information, along with actual Customer testimonial videos, and general archiving FAQs provide our
clients with the knowledge they require to make an informed choice, when determining a qualified vendor to
help manage their document collections, and valuable information.

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102

1.1 ARC Management Personnel


Should this project be awarded to ARC Document Solutions for execution, the following is a listing of the Sr.
Management Team that will be overseeing its operation, along with an experience summary of its General
Manager:

Vince Pingel - General Manager, National Director of AIM Operations

Main Office: 1220 W. Cambridge Circle Dr, Kansas HCGC, KS 66103 Ph: 816-300-6600

20+ Years of Experience

Vince has been involved in document scanning and image preservation since 1991. His experience
expands a wide variety of industries, markets and specialty areas. In 1996 Vince was contracted to
capture the complete legacy of the National Geographic magazine, including every page from every
issue, in high-quality full color.
In the early 2000s, Vince served as a liaison for the marketing team at Adobe, introducing Adobe to the
wide format construction document industries, and was later asked to sit on an Adobe committee for
the development of their Adobe Acrobat- Version 6.
In 2006, Vinces team was contracted to capture and preserve the historical legacy of the State
Supreme Court for the State of Louisiana. This project resulted from the disastrous Hurricane Katrina,
which nearly destroyed all hand printed decisions and transcripts for State Supreme Court cases dating
back to 1845.

Brian Loeb - Regional Solutions Consultant

20+ Years of Experience

Mark Gerick - ARC Region 3 Sr. Vice President - Operations

20+ Years of Experience

Main Office: 6300 Gulfton, Houston, TX 77081 Ph: 713-830-3948

Main Office: 1304 Langham Creek Suite #324, Houston, TX 77084 Ph: 713-830-3958

Shane Herzog - ARC Region 3 Sr. Vice President Sales

20+ Years of Experience

Main Office: 6300 Gulfton, Houston, TX 77081 Ph: 713-988-9200

Scott Scheuber - Manager Regional AIM Center Houston

20+ Years of Experience

Main Office: 4900 Dacoma, Houston, TX 77092 Ph: 713-686-7957

For the purposes of this proposal document, the main authorized contact at ARC will be as follows:

Angee Wilbur - ARC Document Solutions | Region 3

4107 S. Capital of TX Hwy. Ste. 400, Austin, TX 78704


Direct 512-774-8043 / angee.wilburn@e-arc.com

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103

1.2 Understanding HCGC and the Imaging Project Requirements


ARC has engaged in an assessment of the paper documents for HCGC at their primary location, and been
provided the quantities for each of the different document collections. From this assessment ARC better
understands the current situation at HCGC and in using this information learned, we have prepared an
overview on how these paper collections can be digitized and more efficiently managed & accessed going
forward.
Create a file folder titled as either Subdivision Name Permit Number or Last Name Permit Number
Example Barron 2016-1234 or Country Oaks 2015-1234
The file folders have the subdivision name, last name, and permit number either written or printed on
it
The contents of the folder are then divided into 3 groups, Applications, Issued Permits, and Plans and
Designs
We have 3 PDF files inside the folder titled as follows: Subdivision/Last Name Permit # Applications Subdivision/Last Name Permit # - Issued Permits Subdivision/Last Name
Permit # - Plans and Designs
Back scanning to be completed offsite and returned in order in the boxes.
No need to re-clip or re-staple anything.

Current Situation
The media to be digitized under this contract consists:

Development Services Permit Records

Applications

Issued Permits

Plans and Designs

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104

Document Collection Estimates


The following unit quantities were provided by HCGC to standardize the collection for quoting purposes. In all
cases, these quantities provided are estimated numbers that will vary in production and invoices will reflect
actual quantities:

Approximately 13,000 File Folders

Estimate there are 312,000 images (Average of 24 pages per folder)

Estimate that 30% of the file folders have documents larger than 11x17 (Est. 7,800)

Blue prints, plats, plans, and designs range from 8.5x11 to Arch D size

Some pages are double sided


312,000 Total Project Quantities

1.3 Experience, Capabilities HCGC/Coordination and Project Management Services


ARCs Archive and Information Management Division is a national service provider for document scanning and
image preservation needs of all types. With internal workflows proven to generate successful results in
numerous industries, ARC has enjoyed great success in managing very large imaging projects in a number of
different ways.
In addition to the traditional off-site processing engagement, whereby ARC takes possession of
documentation from a client and transports it back to a local ARC Production facility to be processed and
completed, ARC also is capable of supporting a number of on-site engagements as well. These types of
engagements provide an opportunity for ARC to mobilize its staff and resources in order to setup a scanning
workflow within a clients own environment; something that may be necessary in a high-security environment,
or when dealing with a document collection that cannot be easily relocated.
ARC is also able to manage projects that may reside in numerous geographical locations, using our own
document management systems and technologies when possible, to minimize the need for documents to be
transported or shipped from one location to another. This type of approach provides clients with a consistent
deliverable upon completion, because a single common production team is responsible for controlling the final
output quality of the project.

9
105

Some examples of recent imaging projects we have completed within the past few years include the following:
Off-site Solutions:

Southwest Airlines, ExxonMobil, Chevron Phillips Chemical

On-site Solutions:

Univation/Dow Chemical, Leidos/Army Corp. Engineers

Multiple Locations:

JCJ Architects, Shell Oil Pipeline

Off-site Solution:

The U.S. Armys acquisition of the Personnel Electronic Records Management

System (PERMS) and conversion of an associated 114 million microfiche and paper record
Off-site Solution:

The U.S. Air Forces operation of its Center of Excellence - for Scanning and

Conversion 56 million microfiche images of The Bureau of Naval Personnels records


Off-site Solution:

The U.S. Treasury Department converted 342,000 rolls of 16mm microfilm

1.4 High-Quality Equipment and Proven Workflows


ARC utilizes only high-volume, high-efficiency production equipment within its AIM/Scanning centers. Our
small-format scanners are required to meet certain standards, and possess specific features or functions, in
order to allow us to generate the best possible digital output when processing a project. We utilize a collection
of some of the top Kodak, Cannon, and Fujitsu scanner models available. These premium units include some of
the following features:

Ultrasonic Double-Feed Detection - Unlike multifunction copiers and low-end scanners, all our high-speed
scanners possess a double-feed detection system, in order to guarantee that all documents are actually
imaged and not accidentally skipped. The systems emit an ultrasonic ping which penetrates through the
paper being scanned in order to determine if more than one page is trying to pass through the scanner. If a
double-feed is detected, the scanners stop the imaging process immediately and allow the technicians to
correct the issue then resume the image capture process.

Black-Back Scanners - In order to help minimize a bleed-through or ghost image from the backside of a
page being scanned, we utilize scanners with a Black-Back to cancel out the unintended image and provide
a better quality scan.

Image Quality Parameter - Sets a quality level that is compared to every image to assure no low-quality
images are produced.

Twin Cameras - For high-speed, auto-feed imaging projects, we utilize scanners that can capture both sides
of a page on a single pass through the scanner. This allows for a much higher image-per-minute count
which can considerably shorten the completion time of a project.

10
106

We also utilize state-of-the-art image processing software to assist with image quality consistency. ARC
technicians are able to set predetermined parameters for a project, and the system will automatically compare
the scanned image against those parameters within a split second. Any image that is found to be outside of the
acceptable limits is automatically flagged and prompts the technician to manually correct the image so that it is
within the acceptable ranges. This includes tasks such as de-skewing (correcting an image that is captured off
center), brightness/contract levels, blank page identification, and Auto-Color Detection a feature that
determines if an image contains a certain level of color within the image.
ARC utilizes a client server architecture throughout our conversion facility. We run workstations and personal
computers in a mix of UNIX and Microsoft Windows operating environments. Information is transmitted and
stored on-line across a TCP/IP network. Our conversion system is equipped with the following major
components: Oracle and Microsoft Sequel database servers; UNIX and Microsoft Windows based image
servers; high speed paper, microfilm, microfiche, and aperture card scanners; and indexing/quality control
workstations. We commonly output images to CDR-ROM disks, DVD disks, external USB hard drives, networkattached storage systems, Document Management Software such as Planwell Collaborate, and storage area
network devices.
ARC is capable of converting paper (all sizes), 16mm and 35mm microfilm, microfiche, and aperture cards into a
variety of digital formats (i.e. TIFF, PDF, SGML, and others). We can convert approximately 1,000,000 paper
images per day within our production centers, and with the assistance of our long-time partner company GET
Imaging, can produce upwards of 250,000 to 500,000 microform images per day.
ARC owns and operates a total of forty six (46) high-speed scanners such as: NextScan, Fujitsu, Cannon, Kodak
and Mekel microfilm and microfiche scanners.
ARCs capability to convert up to 1,000,000 images per day sets us apart from our competitors! We are
equipped to perform even the largest back-file projects successfully. This allows our customers to process their
conversion requirements through a single document conversion service bureau, thus lessening their project
management burden.
ARC is equipped with approximately 62 indexing and data entry workstations. ARC has the capability to
manually keystroke up to 15,000,000 keystrokes per day at our various facility.

Deliverables
All output deliverable files will be in PDF format, and loaded onto the archival platform in batches by document
group type as they are completed. Any corresponding metadata associated with the files, such as indexed data,
will also be loaded into the system and linked to the data files to allow for file search and retrieval.

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107

1.5 Execution & Transportation Plan


OPERATIONAL PLAN
As part of our Execution Plan, and also to reinforce the project management capabilities that ARC adheres to,
we are including a copy of our typical imaging workflows with this RFQ proposal document. This workflow
breaks down the standard steps that are followed by ARC in a traditional imaging project, and is typically
customized slightly to fit the individual requirements of each clients unique imaging project.
For HCGC, specific to the project described in this RFQ, this workflow will be slightly modified to take into
consideration any additional processing alterations that may be required, as well as any additional document
security measures that may need to be implemented for these documents. ARC will follow a set Conversion
Workflow in executing this project. A sample of this is shown below:

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108

As part of our Chain of custody process, a minimum of One (1) Member of ARCs AIM Staff will be present at
HCGC office facility to oversee the inventory of all boxes. Since HCGC has indicated that this collection of
records is still an Active/ archive Repository, the initial inventory process will consist of the following steps:
Small Format Documents, Binders, Manuals, Etc.
All Shelves, Cabinets & File Drawers will be identified and Barcoded for record location origination. As
the processing workflow is underway, the small format documents to be processed will be packaged in
their provided order and barcoded for identification and tracking purposes. All boxes will be tape
closed and the box will also be barcoded for identification and tracking purposes. This will help ensure
all records from that selected grouping are processed, and will keep all document barcodes in sequence
to the original record order. Completed batches of records will be returned and marked with a
highlighted slash through the barcode.
All boxes will be tape closed and the box will also be barcoded for identification and tracking purposes.
This will help ensure all records from that selected grouping are processed, and will keep all document
barcodes in sequence to the original record order. Completed batches of records will be returned and
marked with a highlighted slash through the barcode.
** Sample Images for
Workflow Process Tracking**

Box In-Progress Label

Document Barcode Label

As the project progresses and records are prepared for removal from HCGCs facility, an Inventory listing of
Barcode numbers (and possibly including some basic record Indexing Information) can be provided upon
completion of the packaging and inventory process to approved HCGC personnel. The selected boxes will then
be transported directly back to the ARC Austin Processing Facility by the approved delivery service for a
minimal charge. The ARC Austin Processing Facility is approximately 45 miles from HCGCs building which
houses the majority of this archival collection. All delivery service vehicles will be properly maintenance and
meet all current Texas Registration & Emission requirements. All Drivers will be insured and cleared from all
background checks and drug testing and will have their identification information available to be provided to
HCGC as required, in advance of the scheduled transportation.

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109

Once arriving to the ARC Austin production center, the received inventory will be confirmed and placed into a
dedicated document storage room for record security storage, both before and after processing.
Upon beginning the process workflow of all standard paper records, ARC will follow its Typical Document
Scanning Workflow. This involves handling a single Box at a time, verifying all sub-documents are identified and
barcoded as necessary. Also, any damaged documents will be repaired as best possible, and all documents will
be manually prepped for scanning as per ARCs standard document prepping procedures. This may include
running an initial sample to set parameters, and following any customer guidelines set forth in the RFP
regarding any specifics (such as the handling of post-it notes on a document). If possible, some additional preindexing of the documents may occur during this phase of the workflow, as the required file indexing
information such as Name or Document Type may be more easily recordable during this step. All pre-indexed
data will be linked to the actual documents via their unique barcode assignments, and all Chain-of Custody
tracking sheets will be completed and Box Process Labels updated. This process also represents the first of
several Quality Control (QC) Steps built into this project workflow.
The prepped documents will then be scanned, using one of our production-grade, high-speed scanners, to the
specification of HCGCs file requirements. Unlike multi-function copiers, our production-grade, high-speed
scanners utilize industries-leading technology to protect our clients from issues like missed images due to
double feeds, or poor image capture due to inferior camera lens quality.
All captured images must pass through a predetermined quality control measure, verifying all images meet an
approved threshold for clarity and proper representation of the original record. This is in direct relation to the
actual condition, clarity, and quality of the original record being processed. This process is performed at the
scanner, while the original record is immediately available and comparable, and serves as the Second QC Step
that is built into the workflow process. Upon completion of the scanning process, the documents are returned
to their boxes in their original order, and all Chain-of Custody tracking sheets will be completed and Box
Process Labels updated. The document box will then be reassembled (if required) and returned to locked
storage until being delivered back to HCGC approved representatives.

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110

1.6 Standard Scope Pricing Matrix:


The following Line item rates have been established for HCGC archival processing only.
Based upon completion, the actual quantities processed will be invoiced against these bulk pricing rates:
Billing Code Number
9308.25
9301.17
9309.01
9309.01
9109.02

Description
Small Format/ Auto Color w/ indexing
Large Format Scanning (Auto Color) w/
indexing
AIM Labor Services
AIM Boxing Labor
Transportation Costs

Unit Cost
$0.088 per image
$0.50 per image
$45.00/hour
$20.00/hour
$88/trip, 6 trips included

*Included is a 60 day review period once documents have been delivered to hold and correct.
*The price for auto-color, b/w is included in the cost per image.

Estimated Project investment: $31,650


Invoicing will reflect actual quantities processed

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111

Proposal to be submitted to:

Melody Barron
Law Librarian & Records Management Officer
Hays County Government Center
712 South Stagecoach Trail, Suite 2026
San Marcos, TX 78666
Phone: 512.393.7709

** Agreement to Proceed **
HCGC has chosen to execute the ARC Document Solutions proposed option as selected below with an
estimated budgetary conversion spend.

Off-Site Scanning Solution - AIM Budgetary Monthly spend $__________________

_______________________________

_____________________________

Authorized Signature

Purchase Order Number

______________________________________

____________________________________

Printed Name:

Date

______________________________________

Brian Loeb____________________

Title:

ARC Representative

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112

Relevant References
Reference # 1:

HCGC of Palo Alto

Customer:

HCGC of Palo Alto

Name and phone number of contact:

John Montenero, Chief Procurement Officer


(650) 329-2300 john.montenero@HCGCofpaloalto.org
Manager of Purchasing and Contracts Administration

Type of contract:

Firm fixed price

Date(s) of contract and period of performance: May 2013 Go Forward


Description:
ARC has converted 40,000 small format purchasing archived documents for HCGC of Palo Alto. Additionally, ARC
converts all day forward purchasing agreements and converts and stores them in its hosted solution, PWC. ARC
has converted over 250,000 sheets of 8.5 by 11 and 8.5 by 14 inch paper for HCGC of Palo Alto.
ARC picks up the paper records from HCGC of Palo Alto and transports the records to our document conversion
facility in Palo Alto. ARC performs an inventory on each box, verifying received files against a transmittal list
provided by HCGC of Palo Alto. ARC prints barcode Numbers onto labels based on the individual purchasing
agreements identified during the inventory process.
ARC performs document preparation work to make the paper records ready for scanning. For example, ARC
removes documents from folders, detaches fasteners and staples, unfolds corners, and tapes down any small or
torn documents. ARC identifies each document, and determines which of 19 document categories each
document falls under based on a pre-determined set of parameters defined by HCGC of Palo Alto. ARC identifies
and pulls specific documents to be returned to HCGC of Palo Alto. ARC inserts barcode separator sheets to
identify document boundaries and assign document level index values.
ARC uses several different paper scanners to convert the paper records into bitonal PDF image files, scanned at
300 DPI. ARC automatically crops, deskews, and enhances the scanned images.
ARC performs a 100% page-flip, quality control review of the scanned images to assure compliance with quality
specifications. Rescanning is performed on an as needed basis.
ARC provides access to HCGC of Palo Alto across a secure network to allow HCGC of Palo Alto to review each
document for proper identification and indexed information.
ARC transfers completed batches containing multi-page PDF+txt image files with associated index records on a
hard drive and also loads the images into its cloud solution PWC for retrieval.

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113

Reference # 2:

Jackson County

Customer:

Jackson County

Name and phone number of contact:

Jeph Burroughs Scanlon, Deputy Director of Assessment


(816) 881-3256 JBS@JacksonGov.org

Type of contract:

Firm fixed price

Date(s) of contract and period of performance: May 2015 May 2016


Description:
The project required the extraction, sorting, and scanning of Jackson County, MO 2015 Personal Property tax
declarations. The Assessment Department involved scanning approximately 450,000 Declaration annually with
nearly two-thirds mailed to the public in January of each year and one-third in March of each year. The
returning Declarations required pick up, sorting, categorization and electronic documentation to the Master
Index.
ARC would pick up documents from the post office, return them to our office where we would slice open each
envelope, unfold, and flatten each tax document. Then the next step involved sorting the hard-copy
documents into 5 categories. Documents were scanned by category. Scanned images were saved into a folder
for that day, and the hard-copies were boxed for return to the County. Images were uploaded to the Customer
weekly for them to log the changes that were made to the documents into their system.

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114

ARC Document Solutions would like to thank you for the opportunity to propose a solution for this current
imaging project. We are confident we can deliver back to HCGC a high-quality digital preservation of your
valuable document collection. We look forward to continue servicing HCGC in any way possible, and are
excited to await the outcome of this project selection process.
Should you have any further questions regarding our services, or anything described within this proposal,
please feel free to contact me at your convenience.
Thanks.
______________________________

Angee Wilbur
4107 S. Capital of TX Hwy. Ste. 400
Austin, TX 78704
Cell: 512-774-804
angee.wilbur@e-arc.com

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115

Proposal for Document


Imaging Services
Prepared For:

April 28th, 2016

Submitted by:

Contego
2112 Rutland Dr., Suite 141
Austin, TX 78758
Phone: 1-888-455-8551
Email: hunterb@contegoim.com
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Table of Contents

EXECUTIVE SUMMARY ................................................................................................. 2


STATEMENT OF WORK - ASSUMPTIONS ................................................................. 3-7
BOX RECEIPT ............................................................................................................. 3
DOCUMENT PREPARATION ................................................................................... 3-4
SCANNING REQUIREMENTS .................................................................................... 4
QUALITY ASSURANCE ........................................................................................... 4-5
INDEXING ................................................................................................................... 5
FILE TRANSFER AND EXPORT .............................................................................. 5-6
RESOURCE REQUIREMENTS ................................................................................... 7
CONVERSION WORKFLOW DIAGRAM ..................................................................... 7
SECURITY PROCEDURES ............................................................................................ 8
COST QUOTATION ........................................................................................................ 9

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Executive Summary
Contego appreciates the opportunity to present our proposal for Document Imaging
Services. The objective of this document is to describe Contegos proposed on and offsite document imaging processes and services. Additionally, this document will serve as
further introduction into Contegos Business Model and its ability to efficiently manage a
contract of this size.
Contego has developed a custom solution to meet the needs of Hays County including:

Project Design/Management
Procedure Blueprint Detailing and Documenting Imaging Processes
Record Inventory and Record Reconciliation
Record Preparation
Conversion to Digital Images
Indexing as defined by Hays County
Internal Quality Control/Validation Procedures
Delivery of Images and Data per SharePoint Specifications

It is our understanding that driving this project is the need for instant information access,
disaster recovery, shared access, and improved public service.
To that end, we feel that Contego is the most qualified and trusted partner for the
following reasons:

As a local service provider, Contego mitigates the risks associated with potential
loss, logistics hassle, damage, and confidentiality of transporting critical business
records.

Due to Contegos lean business model and minimal overhead, our clients have
found that we are typically the lowest cost provider in addition to being the most
experienced.

Unlike many of our competitors, our core business focus is scanning, and we
utilize the most advanced imaging technology while constantly improving our
processes. The end result is faster turner around times combined with the
utmost in quality assurance.

As a small veteran owned business, we view an opportunity with Hays County as


a key account and a very important reference. Every possible effort and
resource will be used to ensure a successful project. In addition, we are flexible
and able to offer more customized solutions.

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April 28 , 2016

Statement of Work - Assumptions


Conversion Overview/Capture Estimated Quantities:

Approximately 13,000 file folders of permit records


312,000 images (average of 24 pages per folder)
30% of the file folders have documents larger than 11 x 17
Blue prints, plats, plans, and designs range from 8.5 x 11 to Arch D size
Some pages are double sided
All documents need to be scanned in 300 dpi
Documents will be saved in PDF format
Documents consist of text documents, hand written documents, carbon paper,
maps, photos, blueprints, plats, plans, and designs

Time Frame:
Contego estimates a total of two months to digitize and index 312,000 permit records.
Box Receipt:
Upon receipt of the boxes, Contego verifies the contents and reconciles with a Hays
County box inventory data file (if available).
Detailed Description of Action Taken During Receiving Process:

The Project Manager will receive the electronic database


Each folder of documents will be verified and logged into the document tracking
catalogue
The catalogue will be compared to the electronic database for accuracy
Exceptions that do not meet scanning requirements will be noted in the tracking
catalogue (Examples):
o Database inaccuracies (files do not match database and vice versa)
o Duplicates
o Removed for Record Request
Contego will produce a report that shows all ongoing activity

Document Preparation, Handling and Reprep:


A Contego Document Specialist will ensure all foreign objects are removed such
as staples, paper clips, etc. from documents, insert barcode targets, and
organize documents for scanning.

Paper is jogged for extra protection against tearing and jamming.

Documents requiring color scanning are flagged

Problems are identified:

Miscellaneous document sets are identified

Poor quality or illegible documents are flagged

Contego works with Hays County to reconcile identified problems

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April 28 , 2016

Scanning Requirements:
The Document Scanning Process is focused on the quality of the image that is to be
created from the paper documents. Special steps are taken to guarantee that the
documents are handled and processed according to the pre-defined scanner settings
resulting in high-quality readable images.

All documents will be scanned using state-of-the-art production scanning


equipment.

Duplex scanning is performed and all blank sheets are dropped out

All images will be converted to multi-page PDF files

Each image will be scanned black and white at 300 DPI

Color images/Drawings will be scanned at 300 DPI color

Poor quality documents will be identified and enhanced for better quality.

All images will be de-skewed, de-speckled, rotated, and enhanced when


necessary.

Documents will not be altered as to content or data structure.

A Contego Document Specialist checks off the items on the pre-scan checklist
and initials that all settings are correct

A Contego Document Specialist scans and approves an initial sample of paper


documents

100% of the images are visually verified and any problem images are re-scanned

10% of each box is sampled by the Project Lead for paper to image comparison

All boxes are reconciled by record counts at completion of each box

Scheduled maintenance of the scanners is performed at the beginning of each shift as


well as during the course of the day. This includes cleaning and a calibration check to
ensure that each scanner is operating within the manufacturers specifications. The
varying condition of the records in this initiative (originals, copies, notes, etc.) requires a
higher level of maintenance.
Quality Assurance:
Contegos scanning stations are equipped with high-resolution monitors, allowing
scanner operators to readily detect poor quality images. For unacceptable image
quality, scan operators either employ post processing image enhancement techniques or
rescan individual source documents within a batch.
After each batch has been released, Contego will inspect and review 100% of the
images. That is, each image is reviewed independently of all other processes.
Contegos final Quality Assurance (QA) workstation is dedicated to assuring quality of
the image and associated index.

Any pages not meeting the determined Contegos specifications for quality will be
rescanned. Contegos QC operator will scan the highest quality image
attainable.
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Hays County: Proposal for Document Imaging Services


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April 28 , 2016

Images that cannot be scanned to meet specifications will be documented and


discussed with the appropriate personnel for determination of reproduction
possibility or acceptable alternatives. Indicators will be inserted to indicate poor
quality originals.

Scan Operators view each individual image as it is scanned through the scan
station monitor.

Contego scan operators are trained by the Quality Control supervisor to detect
bad alignment or skewing, horizontal or vertical distortion, shifting and other
characteristics of poor quality images.

Q/A process methodology have been designed to assure optimal quality in the
capture process.

Daily audit reports are run to ensure proper reconciliation.

Accountability is given to supervisor ensuring a high quality process.

Index Description:
A file folder will be titled as either Subdivision Name Permit # or Last Name Permit #
All file folders have a subdivision name, last name, and permit # either written or printed
on it.
Folder contents are divided into 3 groups or document types including:
Applications
Issued Permits
Plans and Designs
However, not all folders contain the 3 groups. It can be 1-3 of the 3 groups.
Example:
Folder Name:
Document Names:

Bear Creek Estates 1984-8529


Bear Creek Estates 1984-8529 Application.pdf
Bear Creek Estates 1984-8529 Issued Permits.pdf
Bear Creek Estates 1984-8529 Plans and Designs.pdf

Digital File Transfer Specifications:


Contego will transfer the captured images and associated index data either via secure Fi
external drive.
Detailed Description of Action Taken During the Image Delivery Process:

All images and indexes have been 100% verified in the prior steps

All exceptions identified in the prior steps have been corrected to the
satisfaction of Hays County

Physical QC is employed whereby Contegos Project Manager pulls a


random sample of records from each box and compares images and paper
for final edits

The Image Delivery operator is required to log in to the workstation for audit
purposes
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April 28 , 2016

All image and index data are removed from Contego workstations after
verification and sign-off by Hays County

Changes in Scope:
The Scope of Work and Assumptions within this Proposal is based on the information
provided to Contego by Hays County. Any changes made to this Proposal may result in
additional services and adjustment to the existing pricing model.
Resource Requirements (for on-site scanning):
Regarding space and power requirements, Contego needs 1000 sq ft, 2 power drops
(standard 120V) and 3 cable drops (for networking). Contego will coordinate with Hays
County regarding space layout and cabling.
Contego will be providing the following resources to process 312,000 images within two
months:
Personnel
3 Document Preppers
2 Scanner Operators
1 Quality Control Specialists
1 Rescanner
1 Indexer
Equipment
3 Workstation Computers
1 Server
1 x Canon 9050 Scanners
1 x Contex 4420 Wide Format Scanner
Furniture
6 x 6 tables
6 chairs

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Hays County: Proposal for Document Imaging Services


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April 28 , 2016

Scan Images &


Inspect Image Quality

ACCEPT
QC Doc
Preparation

Project Files are Logged


into Inventory Management

Contego Prints and Inserts File Separator


Sheets

State-ofthe-art
Scanning
Equipment

Scan Station

REWORK

QA Station
Verify Image Quality

Scanned Pages
Returned to
Boxes for
Storge.

ACCEPT

DATA NOT
FOUND

Contego
Conversion Workflow

Missing data is flagged


and sent to an
exception que for Hays
County Validation

for

Doc Types are identified and


data entry is performed
DATA
MATCH

Hays County

Images are provided to Hays Count

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123

Images are
burned to
external
media

Post Process Images and Index Data


to SharePoint Import Specifications

Hays County: Proposal for Document Imaging Services


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April 28 , 2016

Security Procedures
Contego assesses potential risks and vulnerabilities to all data, images and documents
in our possession. We have developed, implemented and maintained appropriate
security measures which are incorporated throughout our process controls.

All employees undergo thorough criminal background checks


All employees undergo random drug testing
Selection and Execution of Security Measures that Protect
the Integrity, Confidentiality, and Availability of Data and Images
Designated Privacy Officer
Security Awareness Training
Personnel Conduct and Background Verification
Computer System and Network Design
Audit Controls
Security Authorization Control
Data Authentication.
Event Reporting and Monitoring

Contego has integrated Security Policies in and around our core services and
operations.

Image Quality Control Policy and Procedures


Faxing Policy and Procedures
Destruction Policy and Procedures
Disaster Policy and Procedures
Confidentiality and Security Agreement Sanctions Policy and Procedures
Privacy and Security Training Policy and Procedures

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Hays County: Proposal for Document Imaging Services


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April 28 , 2016

Cost Quotation
Pricing Model
All fees and services are based on the process workflow and assumptions contained
within this Statement of Work. Changes to the assumptions may require adjustments to
the pricing model.
Estimated Volume 312,000 Images
On-site Scanning
Hays County Pricing Model
Scanning (up to 11 x 17) Estimated 304,200
Scanning (Larger than 11 x 17) Estimated 7,800
Pre Implementation, Scope of Work Definition, and
All Hands Meeting
Project Manager (1)
Travel and Expenses
Document Preparation
Indexing
Archiving to External Media
Estimated Total

Price
$.12 per Image
$3 per Image
Included
Included
Included
Included
Included
Included
$55,905

Off-site Scanning at Contegos Facility


Hays County Pricing Model
Scanning (up to 11 x 17) Estimated 304,200
Scanning (Larger than 11 x 17) Estimated 7,800
Pre Implementation, Scope of Work Definition, and
All Hands Meeting
Project Manager (1)
Travel and Expenses
Document Preparation
Indexing
Archiving to External Media
Estimated Total

Price
$.06 per Image
$1.50 per Image
Included
Included
Included
Included
Included
Included
$29,952

Optional Services
Record Purge (packing, boxing, labeling)
Record Requests
Storage After 90 Days (post scanning)

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125

$7.50 per Box


$19.00 per Folder
$.49 per Box/Month

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Rescind action of the Commissioners Court on or about September 3, 2013. Resolution #28277, authorizing the
County Judge to execute a Memorandum of Understanding (MOU) regarding the dedication of roadways and right
of way in the Deerfield Estates II Subdivision.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kennedy

WHISENANT

N/A

SUMMARY

The County's plan to receive dedication of the roadway(s) within the Deerfield Estates II Subdivision became
impracticable when, during due diligence, the County discovered that 3 gas pipelines crossed the road and Right of
Way. 2 of those companies had agreements with the original developer of the subdivision, and those agreements
burdened the roadway(s) by establishing certain unpermitted activities. Those activities would prevent the County
from adequately maintaining the roadway(s), making dedication and maintenance of the roadway(s) impracticable.
27B583196

126

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize the use of County Wide contingencies for expenses related to the Fischer Store Road Bridge ribbon
cutting ceremony.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

$5,582.10

LINE ITEM NUMBER

001-645-00.5399

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Commissioner Will Conley

COBB

N/A

SUMMARY

On February 26, 2016 county, local and state officials held a ribbon cutting ceremony to celebrate the opening of
the Fischer Store Road Bridge. The ceremony was a time of reflection to honor a city that had endured hardship,
but continued to work together to restore the City of Wimberley. The County coordinated with Diverse Planning
and Development (DPD) for all phases of planning the event. DPD also donated 29 labor hours for mug illustration
(give aways) and video production.
27B583196

127

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Ratify the County Judge's execution of a Possession and Use Agreement between Hays County and Giberson
Properties, Inc., related the Hays County's possession and use of Right of Way associated with the FM1626 project.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

May 24, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

COBB

JONES

N/A

SUMMARY

Since the Possession and Use Agreement form that was approved by Commissioners Court was modified for these
particular parcels (19 and 20), Counsel recommends that the modified version of the PUA be approved by
Commissioners Court.
27B583196

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to consider the acceptance of road construction and drainage improvements and
acceptance of the maintenance bond for a 2-year period for Shadow Creek subdivision, Ph. 4, Sec. 1B.
ITEM TYPE

MEETING DATE

ACTION-ROADS

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

JONES

N/A

SUMMARY

Staff recommends acceptance of construction of roads and drainage improvements within the County ROW. The
Transportation Department has inspected and approved the improvements.
25B170398

149

150

151

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to call for a public hearing on June, 7th, 2016 to establish a school zone speed limit
on Hays Country Acres Road.
ITEM TYPE

MEETING DATE

ACTION-ROADS

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Adam Leach

WHISENANT

N/A

SUMMARY

This action will be to establish a school zone speed limit of 15 MPH on Hays Country Acres Road for the Holy Spirit
Episcopal Church and School. Commissioner Whisenant has confirmed the location and concurs with installing
signage, flasher lights, and with the proper flash time periods.
25B170398

152

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to appoint Lon Shell, Hays County Judge Cobb's Chief of Staff, to serve as a
representative on the San Marcos / Hays County EMS Board of Directors to replace Mark Chambers.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

May 24, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Chief David Smith, San Marcos / Hays County EMS

INGALSBE

N/A

SUMMARY

Lon Shell has agreed to serve on the San Marcos / Hays County EMS Board of Directors, effective May 24, 2016,
to take the place of Mark Chambers who has retired.
27B583196

153

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to approve the appointment of Clint Browning as Hays County Fire Marshal.

ITEM TYPE

MEETING DATE

ACTION-MISCELLANEOUS

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kharley Smith

COBB

N/A

SUMMARY

154

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to approve the conversion of existing space within the County Clerk's Office to a
conference room, furnish the new space, purchase a computer and related equipment for a new hire, and amend
the budget accordingly.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

May 24, 2016

$8,089.00

LINE ITEM NUMBER

101-617-10]

AUDITOR USE ONLY


AUDITOR COMMENTS:

See attached budget amendment


PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

Liz Gonzalez

INGALSBE

N/A

SUMMARY

The County Clerk would like to enclose a file viewing room and make it a conference room. The conference room
would provide a space for departmental meetings and meetings with citizens. The area could be converted into a
conference room and furnished (chairs and monitor) for approximately $4,499. An existing table will be used.
28B65103974

Equipment is also needed for a new hire budgeted for FY 2016. A computer/scanner/UPS/Adobe Pro for this
position would require an additional $3,590. Savings within the Records Management and Archive Fund have been
identified to fund this request.
29B61034758

Budget Amendment:
Chairs/Monitor - Increase Office Supplies .5211 - $1,499
Enclose File Room - Increase Misc Improvements .5741 - $3,000
UPS/Monitor - Increase Data Supplies .5202 - $500
Adobe Pro - Increase Software Maintenance .5429 - $390
Computer/Scanner - Increase Computer Eqpt_Op .5712_400 - $2,700
Decrease Contract Services - $8,089
30B67148259

31B68054279

32B69104875

3B70148259

34B71085296

35B72109468

36B71048259

155

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a renewal Service Subscription
Agreement between Hays County and Budget Infographics, Inc.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

May 24, 2016

$6,000

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Ingalsbe

INGALSBE

WHISENANT

SUMMARY

Larry Peterson with Budget Infographics, Inc. has, once again, agreed to reduce the cost of the subscription from
$12,000 to $6,000 for this year.
W e have worked with IT to determine if there is a way to calculate how many users are viewing the site, but
unfortunately, there is not.
Mr. Peterson has provided back-up information for our review.
26B58413709

27B56814309

28B5761430

156

Budget Infographics
Cost/Benefit Analysis

Overview
Government transparency is a cornerstone of democracy and has been penned into law through both the federal
Freedom of Information Act and in Texas the Open Records Law.
Implicit in the word transparency is the assumption that there must be a delivery system in place to provide this
information to the public. Before the internet, the only delivery system in place was a bound copy of the budget placed
at the local library. Now that the internet is available, the delivery system has been improved by placing a pdf version of
the document on a web page accessible to all assuming they can find where it is located. Although the internet has
eliminated the need to drive down to the library to view the budget, it has not removed the task to the public of
navigating, visualizing and understanding that 500 page pdf document, written in accountant-speak. The result is
uninformed taxpayers who distrust their elected representatives.
Today 1/3 of the population is called millennials. They are the first group of native born technology people who embrace
the information age and demand easy navigation and visualization. These are the people who voted with their dollars
and made Apple with its icon driven one-click drill-down smart phone technology the largest company in the world.

A recent article by the Texas Public Policy Foundation describes it best here: http://thinklocalliberty.com/visualizingstate-and-local-government-finance/

Cost/Benefit Analysis
As new, better technology comes available to educate the public on how government spends their tax dollars, it is
incumbent upon elected officials to upgrade to that technology and take advantage of the efficiencies in information
dissemination. But at what cost and how do we do the cost/benefit analysis?
April 27, 2016

157

Page 1 of 2

Current PDF Budget


The current Hays County PDF budget is 330 pages long and contains over 93 thousand words. The average reader, at 200
wpm would take 7.75 hours to just read through it, let alone understand it. The average income in Hays County is about
$50,000 per year working 250 days per year or $200/day. Therefore the time value to read the budget for the average
citizen of Hays County is about $200.

Budget Infographics (BIG) Graphical User Interface


An example of a state of the art, millennial acceptable, budget navigation and visualization tool, called Budget
Infographcis,may be seen here www.budgetinfographcis.com/hayscounty . This product costs $12,000/year and is
loaded with data by the provider so there is no work or other cost on the countys part. With a population of 194,739
the cost per taxpayer is 6 cents/yr.

How Do You Quantify Value?


1. If it costs $200 per taxpayer to read the current budget then it only takes 60 of the 194,739 population to reach
payout of $12,000. The added bonus is that BIG delivers easily understood graphics and navigation capabilities
that increase comprehension far beyond viewing a pdf. It also has included in it, criteria required by the state
comptroller to earn the Financial Transparency Star, such as searchable and sortable check registers and
historical trending of metrics, which is not in the current budget or other documents. Therefore BIG saves the
time and money which the auditor will have to spend to comply.
Is it reasonable to assume that 60 people of the 194,739 population will view Budget Infographics if they know it
exists on the County Web site and they can find it?
2. Is it necessary to count the numbers of times citizens access the budget (hits) in the future? Are hits currently
counted for the pdf budget and other documents? Do other spending items, such as the cost and maintenance
of the videotaped commissioners court meetings, have hits counted? How does one quantify the cost/benefit of
the videotaped court meetings?
3. Who is responsible for letting citizens know that a budget of any form is available on the county web site and
educate them on where to find it? Who is in control of how many clicks deep a viewer would have to go to find
the budget. How many hits does it take to be a benefit?
4. How do we know the quality of the web page hits? What portion of hits to a web page are false bot driven hits,
non taxpayer (student) hits, elected representative hits or community leaders and newspaper hits?
5. The number of hits any web site gets is directly proportional to how the web site is marketed. Who is marketing
the countys transparency efforts?
The reason why we embrace new information technology is to increase the efficiency by which we disseminate and
absorb knowledge. Sometimes it is difficult to gauge the benefit, but everyone would agree that adopting the best
available transparency technology is money well spent.
April 27, 2016

158

Page 2 of 2

TRANSPARENCY STARS Program


Recently the Texas State Comptrollers office has instituted the Transparency Stars program which will honor cities,
counties and other local governments that go the extra mile in opening their books to the public.
Those that earn an initial star for basic financial transparency will be able to go on and seek additional recognition in
the categories of contracts and procurement, economic development, bond debt and public pensions, for stars in up to
five areas.
Budget Infographics helps local governments comply with this program by providing a tool that satisfies not only the
basic financial STAR requirements shown below but also provides a one click drill down capability to allow citizens to
navigate, visualize and understand your budget.

Finance Summary
Your entity should post to the Web a finance summary including the following items for the most recently completed
fiscal year, as well as explanations of terminology:

Expenditures as total and per capita or per student


Revenues from all entity funds expressed as total and per capita or per student amounts
Total full-time equivalent positions for all personnel
Revenues from property taxes as total and per capita or per student
Revenues from sales taxes as total and per capita or per student

Visualizations
Post data visualizations to your transparency page showing the following:

Time trend for at least five years showing revenues and expenditures per capita or per student
Time trend for at least five years showing property tax rate(s) per $100 valuation

Documents
Post the following documents for easy download:

Budgets for last five fiscal years. The adopted budgets for the current fiscal year and the four preceding fiscal years
are required.

Downloadable Data
Make the following available for download to aid in researching your entity's finances:
159

Raw format budget. A budget posted in an Excel spreadsheet, HTML, XML, XBRL or other machine-readable format.
PDF is not a machine-readable format.
Check registers for three fiscal years. At least 3 years (i.e., 36 months) of consecutive check registers ending with the
most current (no older than 90 days) check register are required. The Comptroller's office also recommends
consolidating older check registers by fiscal year to simplify the posts. Check registers should:
o include monthly totals for all expenditures
o be searchable (Word, Excel, HTML are searchable, PDFs are not)
o include fields for date, payee, amount, purpose for each entry in the register
o include electronic fund transfers and payroll direct deposits, as well as bank drafts for bond or loan payments

In addition to the above items that are included in Budget Infographics, local governments must supply the following
to get their first financial TRANSPARENCY STAR:

Annual financial reports (AFRs or CAFRs) for last five fiscal years. Reports for the five most recently completed fiscal
years audits are required.
o To be current, the AFR must be posted within 12 months of the end of each fiscal year.

160

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

10:00 a.m. -- Continue a public hearing, pursuant to 775.016 of the Texas Health and Safety Code, related to a
petition proposing the creation of Hays County Emergency Services District #9. Possible action may follow the
hearing, including conditional resolution(s) of Court to find that 1) creation of the district is feasible or not feasible
and 2) that the creation of the district will or will not promote the public safety, welfare, health, and convenience of
persons residing within the proposed district. If the Court finds in favor of district creation, it shall also take action to
grant the petition, fix the district's boundaries, order an election to confirm the district's creation, and impose
additional conditions, if any.
ITEM TYPE

MEETING DATE

ACTION-MISCELLANEOUS

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kennedy

COBB

N/A

SUMMARY

See backup.
26B

161

162

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action related to the proposed Jail, 911 Center, and Law Enforcement Center
improvements, including but not limited to 1) Selection of Construction Manager at Risk for one or more of the
project(s), 2) Authorizing the County Judge to execute a Professional Services Agreement between Hays County
and the selected Construction Manager at Risk, and 3) Discussing next steps in the process laid out by Program
Manager and staff.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

May 24, 2016

TBD

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

CONLEY

INGALSBE

N/A

SUMMARY

RFQ responses for CM at Risk will be considered by committee members prior to Commissioners Court. If the
committee has finalized its recommendation(s), it will communicate that decision in Open Court. Since a sample
CM at Risk Agreement was included in the RFQ materials, which were already approved by Commissioners Court
(see backup for form), the contract is read lgonzalez@co.hays.tx.us y for the County Judge's signature once
selection and specification is made.
27B

163

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS

This Agreement is made as of


, 2016 (the Effective Date), by and between the Owner, Hays County, a
political subdivision of the State of Texas (herein Owner) c/o Mark Kennedy, General Council, 111 E. San
Antonio St., Ste. 202, San Marcos, TX 78666 and Construction Manager at Risk:
for construction of a Jail, Law Enforcement Center, and 911/EOC Center located at 1307 Uhland Road, San
Marcos, TX 78666 (the Project).
The Owner and the Construction Manager at Risk agree as follows:

independent consultants (Drawings and


Specifications), if any;
o The Guaranteed Maximum Price Proposal
when accepted by the Owner and executed by
Owner and Construction Manager at Risk.

Article 1
SCOPE OF WORK
1.1
The
Construction
Manager
at
Risk
acknowledges and agrees it has a responsibility to act
in the best interests of the Owner in the performance of
the contract, and has overall responsibility for and shall
provide complete Pre-Construction Phase Services and
Construction Phase Services and furnish all materials,
equipment, tools and labor as necessary or reasonably
inferable to complete the Project, or any phase of the
Project, in accordance with the Owners requirements
and the terms of this Agreement.

2.2 The Contract Documents form the entire and


integrated Contract between Owner and
Construction Manager at Risk and supersede all
prior negotiations, representations or agreements,
written or oral, prior to the date of this Agreement.
2.3 The term Construction Manager at Risk shall be
interchangeable with the terms Construction
Manager, Contractor and General Contractor
or other similar terms as appropriate in the
Contract Documents.

Article 2
CONTRACT DOCUMENTS
2.1 The Contract Documents consist of:
o This Agreement and all Exhibits attached
hereto;
o All Addenda issued prior to the Effective
Date of this Agreement, and any supplements
or modifications to this Agreement to which
the parties may agree in writing subsequent to
the date hereof;
o All Change Orders issued after the Effective
Date of this Agreement;
o The
Schedules, developed
by
the
Construction Manager at Risk and accepted by
Owner;
o The Drawings, Specifications and other
documents developed or prepared by Owners

Article 3
DEFINITIONS
The terms, words and phrases used in the Contract
Documents shall have the meanings given in the
Uniform General Conditions and as follows:
3.1
Application for Payment means the
document prepared by the Contractor and submitted to
the Owner or Owners Representative showing the
Contractors entitlement to progress payments, the
requirements of which are more fully described in
Article 10 of the Uniform General Conditions.
3.2

164

Construction

Contingency

Allowance

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
accepted by the Owner as the maximum cost to the
Owner for construction of the Work in accordance with
the Contract Documents, which may be increased or
decreased in accordance with the provisions of the
Contract Documents. The GMP includes Construction
Manager at Risks Construction Phase Fee,
Construction Manager at Risks General Conditions,
the Cost of the Work and the Construction
Contingency Allowance.

means an amount allocated by and controlled by the


Construction Manager which is included as a line item
within the GMP and is further described in Section
13.8.
3.3
Construction Cost Limitation, or CCL,
means the Owners established upper cost limit, or
construction budget, for the Project. CCL includes,
without limitation, all costs for construction
administration, general conditions, cost of work,
contingency, and Pre-Construction Phase fees and
Construction Phase fees for the Construction Manager
at Risk and all of his vendors, suppliers, and
subcontractors. The CCL also includes all construction
contingencies. The CCL serves as the Construction
Manager at Risks initial Guaranteed Maximum Price
(GMP) for the Project. The CCL may be adjusted by
the parties for changes in the scope of the Project
before or after acceptance of the Guaranteed Maximum
Price Proposal. The CCL does not include Owners
Construction Contingency. The Construction Manager
at Risk is obligated to meet all contract conditions
while constructing the project within the CCL.

3.10

General Conditions

3.10.1 Uniform General Conditions means the


additional contract provisions as provided in 3.22
below. Where the Uniform General Conditions differ
from the contract, the more stringent provisions govern
unless otherwise determined by the Owner.
3.10.2 Construction Manager at Risks General
Conditions are Contractors allowable costs for
managing the construction in the field.
3.11
Monthly Salary Rate means the amount
agreed to by the Owner that can be used on
Applications for Payment throughout the Construction
Phase to account for the services of Construction
Managers salaried personnel assigned to the Project.
A Monthly Salary Rate must be established for each
salaried person and must be approved in writing by the
Owner in advance of any Application for Payment for
that person. The Monthly Salary Rate is for
convenience only and any payments made for
Construction Managers personnel are subject to audit
to determine the actual cost of the wages and allowable
employer contributions incurred by the Construction
Manager for services performed for the Project.

3.4
Construction
Documents
means,
collectively, the Uniform General Conditions and
Specifications, the Drawings and Specifications,
details, Change Orders and other documents prepared
by the Owners consultants that describe the scope and
quality of the Project or a Work Package, as applicable,
and the materials, supplies, equipment, systems and
other elements that are required for construction of the
Project that are accepted by the Owner.
3.5
Construction Manager at Risk means the
legal entity that executes the Agreement to provide
preconstruction and construction services for the
Project.

3.12
Owner,means Hays County, a political
subdivision of the State of Texas.
3.13
Owners Designated Representative or
ODR shall have the meaning set forth in Section 8.2
herein.

3.6
Construction Phase Fee shall have the
meaning set forth in Article 14 herein.
3.7
Construction Phase Services means the
coordination, implementation and execution of the
Work required by the Contract Documents.

3.14
Pre-Construction Phase Fee shall mean the
lump sum amount set forth in Article 14.
3.15
Pre-Construction Phase Services means the
participation, documentation and execution of the
Construction Managers Pre-Construction Phase
deliverables as required by the Contract Documents.

3.8
Cost of Work shall have the meaning set
forth in Article 13 herein.
3.9
Guaranteed Maximum Price (GMP) means
the amount proposed by the Construction Manager and
165

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
Texas Facilities Commissions Uniform General
Conditions, edition 2010 as is available at
http://www.tfc.state.tx.us/divisions/facilities/prog/const
ruct/formsindex/07C%20-%20UGC_2010.pdf .

3.16
Project Schedule shall mean a schedule for
the completion of the Work or a Work Package, as the
case may be, submitted by Construction Manager and
approved by Owner in accordance with the terms and
conditions of any of the multiple GMPs attached hereto
and made a part hereof.

3.23
Work means the provision of all services,
labor, materials, supplies, and equipment which are
required or reasonably inferable to complete the
Project in strict accordance with the requirements of
the Contract Documents. Work includes, but is not
limited to the Construction Services, and any
Additional Services and other services required. The
term reasonably inferable takes into consideration
the understanding of the parties hereto that not every
detail will be shown on the Drawings and included in
the Specifications.

3.17
Project Team means the Owner, Owners
Designated Representative, Construction Manager, and
Owners consultants, any separate contractors
employed by Owner, and other consultants employed
for the purpose of programming, design, and
construction of the Project. The members of the Project
Team will be designated by Owner and may be
modified from time to time by Owner.
3.18
Schedule of Values shall mean a detailed
breakdown of the cost for each classification line item,
materials, labor or subcontract for the various portions
of the Work supported by such data as is necessary to
substantiate its accuracy as the Owner may require.

3.24
Work Package means each separate and
distinct portion of the Work which is to be designed
and/or constructed by the Owners consultants,
Program Manager, the Construction Manager, and/or
its Subcontractors or their agents and employees
pursuant to the terms and provisions of the Contract
Documents. At the time the pricing is complete for a
particular Work Package and a Change Order is issued
modifying the GMP, to the extent necessary, such
Work Package as contemplated by Owner and
Construction Manager will be described in more detail
in such Change Order and as provided in Article 11 of
Exhibit B.

3.19
Subcontractor means a person or entity that
has an agreement with the Construction Manager at
Risk to perform any portion of the Work.
3.20
Substantial Completion of the Work or
Substantially Complete means that point in which
the Work or designated portion thereof is sufficiently
complete in accordance with the Contract Documents
to enable the Owner to use the Project or the agreed,
defined portion of the Project, for its intended use, and
(i) only minor punch list items or similar minor
corrective work remains to be completed; and (ii) a
temporary (or partial) certificate of use and occupancy
(if issued and required by local governmental
authorities) and any other permits or approvals
necessary to allow use and occupancy of the Project or
the agreed, defined portion thereof, have been issued;
and (iii) the Program Manager has certified that the
Project or the agreed, defined portion thereof, is
substantially complete. This date shall be confirmed
by a Certificate of Substantial Completion signed by
the Owner and Construction Manager.

Article 4
CONSTRUCTION MANAGER AT RISK
PRE-CONSTRUCTION PHASE SERVICES
The Pre-Construction Phase shall be deemed to
commence upon the Effective Date of this Agreement
and shall continue through completion of the
Guaranteed Maximum Price Proposal and procurement
of all major Subcontractor agreements for all Work or
Work Packages, if applicable. Construction Manager
at Risk is not entitled to reimbursement for any costs
incurred for Pre-Construction Phase Services
performed before the Effective Date of this Agreement.

3.21
Time of Completion means with respect to
each Work Package, collectively the dates of
Substantial Completion and Final Completion as
specified in the Project Schedule.
3.22

Uniform General Conditions means the


166

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
Cost Limitation, at Owners discretion.

Pre-Construction Phase Services may overlap with


Construction Phase Services.

4.1.7 Construction Manager shall identify to the


Owner the employees and other personnel that it will
assign to the Project and provide the Monthly Salary
Rate for each of them. Construction Manager shall
also identify any consultants that will be performing
services for the Project. After execution of this
Agreement by the Owner, Construction Manager shall
not remove or replace the persons or entities assigned
to the Project except with the Owners written consent,
which consent shall not be unreasonably withheld.
Construction Manager shall not assign to the Project or
contract with any person or entity to which Owner has
a reasonable objection. Construction Manager shall
promptly update Owner in writing with the list of
persons and consultants if they change during the
course of the Project

4.1 GENERAL RESPONSIBILITIES


4.1.1 Construction Manager shall perform
all
services specifically allocated to it by the Contract
Documents as well as those services reasonably
inferable from the Construction Documents as
necessary for completion of the Work and the Project.
Construction Manager agrees to perform these services
using its best efforts, skills, judgments and abilities, in
at least a good and workmanlike manner.
4.1.2 Construction Manager shall cooperate with the
Program Manager and endeavor to further the interests
of the Owner and the Project. Construction Manager
shall furnish Pre-Construction Phase Services and
Construction Phase Services and complete the Project
(and each Work Package) in an expeditious and
economical manner consistent with the interests of the
Owner and in accordance with the Project Schedule.

4.2 GENERAL COORDINATION


4.2.1 The Construction Managers Pre-Construction
Phase Services team shall attend Project Team
meetings at regularly scheduled intervals throughout
the Pre-Construction Phase. Frequent Project Team
meetings are anticipated prior to the Owners
acceptance of the GMP.

4.1.3 Construction Manager shall designate a


representative authorized to act on the Construction
Managers behalf with respect to the Project.
4.1.4 Construction
Manager
shall
establish
procedures for communication and coordination among
the Project Team, Subcontractors, separate contractors,
and others with respect to all aspects of the
construction of the Project, and implement such
procedures. Construction Manager and the Project
Team shall use a web-based project administrative
system to share documents including submittal
tracking, RFI tracking, meeting minutes, photographs,
and daily reports.

4.2.2 Construction Manager shall visit the site and


inspect the existing facilities, systems and conditions to
insure an accurate understanding of the existing
conditions as required.
4.2.3 Construction
Manager
shall
provide
recommendations and information to the Project Team
on: building systems, equipment and construction
feasibility; selection and availability of materials and
labor; time requirements for installation and
construction; assignment of responsibilities for safety
precautions and programs; temporary Project facilities,
if any; equipment, materials and services for common
use of the Construction Manager and Owners separate
contractors, if any; cost factors, including costs of
alternative materials or designs, preliminary budgets,
and possible cost savings; recognizing and tracking the
resolution of conflicts in the proposed Drawings and
Specifications; methods of delivery of materials,
systems, and equipment; and any other matters
necessary to accomplish the Project in accordance with
the Project Schedule and the CCL.

4.1.5 Construction Manager shall establish and


maintain a numbering and tracking system for all
Project records, including changes, requests for
information, submittals, and
supplementary
instructions and shall provide updated records at each
Owners meeting and when requested.
4.1.6 If the Owner elects to fast-track or develop
the Project in multiple stages or Work Packages,
Construction Manager shall organize and perform its
services as appropriate to each stage or Work Package.
Each Work Package will have a unique schedule for
completion and a specific GMP and/or Construction
167

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
4.4.1 Construction Manager shall develop a critical
path method schedule (CPM Schedule) for Project
Team review and the Owner's approval, that
coordinates and integrates activities on the Project,
including the Construction Manager's services, the
work of other consultants and suppliers, and the
Owner's activities including, but not limited to,
OWNER approval meetings, occupant relocations, etc.,
with the anticipated construction schedules for other
contractors. The CPM Schedule must identify all
major milestones through Project Final Completion.
The CPM Schedule shall be created and maintained in
accordance with the Owners Specifications using the
Owner specified format and software.

4.2.4 Construction Manager shall assist the Owner


in selecting and directing the services of existing
facility surveys or other special consultants hired by
the Owner to develop additional information for the
design or construction of the Project.
4.2.5 At Owners request, Construction Manager
shall attend public meetings and hearings concerning
the development and schedule of the Project.
4.3 CONSTRUCTABILITY PROGRAM
4.3.1 Construction Manager shall implement and
conduct a constructability program to identify and
document Project cost and schedule savings
opportunities. The constructability program shall
follow accepted industry practices. Whenever the term
value engineering is used in conjunction with this
Agreement or the Project, it has its commonly accepted
meaning within the construction industry and does not
imply the practice of professional engineering without
a license. If any value engineering activities constitute
the professional practice of engineering, then such
activities shall be performed by an engineer licensed in
Texas.

4.4.2 Construction Manager shall update the CPM


Schedule throughout the Pre-Construction and
Construction Phases but at least monthly to incorporate
an updated, detailed listing for all activities of the
Project, including, without limitation:
4.4.2.1 Commencement, milestone and completion
dates for each phase of construction, including all
Work Packages;
4.4.2.2 Times of commencement and completion for
each Subcontractor and an actual versus estimated
percent completion for each phase and Work Package;

4.3.2 Construction Manager shall prepare a


Constructability Report identifying items that, in the
Construction Managers opinion, may negatively
impact construction of the Project.
The
Constructability Report shall address the overall
coordination of the Drawings and Specifications, and
shall identify discrepancies that may generate Change
Orders or claims once
Project
construction
commences. The Constructability Report shall be due
within seven days of the Effective Date of this
Agreement.

4.4.2.3 Required activity sequences and durations;


4.4.2.4 Contract Document packages, completion
dates, Owner Contract Document package review
periods, Project building permits acquisition time
requirements, construction contract bid dates; and
4.4.2.5 Processing of shop drawings and samples.
4.4.3 The CPM Schedule shall include other detailed
schedule activities as directed by the Owner including,
but not limited to, Owner-managed work under
separate contracts such as project security and property
protection.

4.3.3 Construction Manager shall utilize a webbased project administrative system to implement a
system for tracking questions, resolutions, decisions,
directions and other information matters that arise
during the development of the Drawings and
Specifications for the Project. The decision tracking
system shall be in a format approved in writing by the
Owner and updated at least monthly during the PreConstruction Phase.

4.5 CONSTRUCTION COST ESTIMATES


4.5.1 The Construction Manager at Risk shall
prepare and provide detailed Construction Cost
Estimates of the Construction Project in a form
acceptable to the Owner and distribute to the Project
Team throughout the duration of the Project. The
Construction Manager at Risk shall provide updated

4.4 SCHEDULING

168

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
4.6.3 Construction Manager shall advise the Project
Team of any error, inconsistency or omission
discovered in the Drawings and Specifications, and
other Construction Documents, and recommend
alternative solutions whenever the design affects
construction feasibility, budget, risks, or schedules
(without assuming the Owners consultants
professional responsibility).

Construction Cost Estimates (CCE) as often as


requested by the Owner. The Construction Cost
Estimates shall affirm the construction cost of the
Project to the Owner in writing.
4.5.2 Construction Manager
shall
provide
continuous cost consultation services throughout the
duration of the Project, including identification and
tracking of decisions that affect the scope or quality of
the Project and providing ongoing updates of their cost
and budget impact. Construction Manager shall advise
the Project Team immediately if the Construction
Manager has reason to believe that the most current
Construction Cost Estimate for the Project or any
Work Package will exceed the Construction Cost
Limitation (CCL) or not meet Schedule requirements
and recommend reasonable strategies for bringing the
Project or Work Package, as applicable, in line with the
CCL and the Schedule.

4.6.4 Construction Manager shall advise Owner on


reasonable adjustments in the Project scope, quality or
other options for keeping the Project or Work Package
cost within the CCL.
4.6.5 Construction Manager shall review the
Construction Documents for compliance with all
applicable laws, rules and regulations.
4.7 CONSTRUCTION
STRATEGY

4.5.3 Construction Manager shall promptly identify


all variances between estimated costs and actual costs
during the Construction Phase, and shall promptly
report such variances to the Project Team along with
recommendations for action, but in any event no more
than two (2) business days after acquiring such
information.

4.7.1 Construction Manager shall identify equipment


or material requiring extended delivery times and
advise Owner on expedited procurement of those
items; advise the Project Team on the preparation of
performance specifications and requests for technical
proposals for the procurement and installation of
systems and components and for the procurement of
long lead items. If requested by Owner, and subject to
Owners prior written approval, Construction Manager
shall issue requests for technical proposals to qualified
sources and receive proposals and assist in their
evaluation.

4.5.4 At any time prior to acceptance of a GMP


Proposal, should any CCE exceed or fall outside the
approved CCL, the Owner and Construction Manager
shall negotiate changes to the Work Package or Project
requirements or the CCL as required. After acceptance
of a GMP Proposal, Owner shall have no obligation to
negotiate hereunder.
4.6 COORDINATION
DOCUMENTS

OF

PLANNING
AND
BID PACKAGE

4.7.2 Construction
Manager
shall
make
recommendations to the Project Team regarding
organization of the Construction Documents to
facilitate the bidding and awarding of construction
subcontracts in a manner that promotes the interests of
the Project and the Owner. These recommendations
may include, but are not limited to, phased or staged
construction or multiple separate contracts. The
recommendations shall take into consideration such
factors as time of performance, type and scope of
work, availability of labor and materials, overlapping
trade jurisdictions, provisions for temporary facilities,
comparisons of factory and on-site production costs,
shipping costs, code restrictions and other constraints.

CONSTRUCTION

4.6.1 Construction Manager shall review all


Drawings and Specifications, and other Construction
Documents developed by the Owners consultants.
4.6.2 Construction Manager shall consult with the
Project Team on the selection of materials, equipment,
component systems, and types of construction used on
the Project and advise the Project Team on site use,
construction feasibility, availability of labor and
materials, procurement time requirements, and
construction coordination.

4.7.3
169

Construction

Manager

shall

review

the

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
Construction Documents with the Project Team
to

170

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
precautions and programs in connection with the
Work.
Construction
Manager
shall
provide
recommendations and information to Owner and
Program Manager with respect to the assignment of
responsibilities for safety precautions and programs,
temporary Project facilities (if any), and equipment,
materials, and services for common use of the
Subcontractors and verify that such assignments with
respect to the Subcontractors is included in the
Contract Documents.

eliminate areas of conflict and overlap in the work to


be performed by the various Subcontractors or
Owners separate contractors.
4.7.4 Construction Manager shall develop a
bid/proposal package strategy in coordination with the
Program Manager that addresses the entire scope of
Work for each Work Package, phase or stage of the
Project. In developing the bid/proposal package
strategy, the Construction Manager shall identify all
bid/proposal packages on which the Construction
Manager intends to submit a self-performance
bid/proposal. The bid/proposal package strategy shall
be reviewed with the Owner on a regular basis and
revised throughout the buyout of the Project so as to
best promote the interests of the Project and the
Owner.

4.8 OBTAINING BIDS/PROPOSALS FOR


THE WORK
4.8.1 Construction Manager shall publicly advertise
and solicit competitive lump sum bids/proposals from
trade contractors or Subcontractors for the performance
of all major elements of the Work other than the minor
Work that may be included in General Conditions.
Criteria for determining the bid/proposal that provides
the best value to the Owner shall be established by the
Project Team and included in the request for
bids/proposals. The Construction Manager shall notify
the Owner in advance in writing of the date it will
receive the bids/proposals.

4.7.5 Construction Manager shall assist the Owner,


Owners other consultants, and the Owners separate
contractors in obtaining all applicable risk
management, code, and regulatory agency reviews and
approvals for the Project including, without limitation,
Hays County, the Texas Department of Licensing and
Regulation, Texas Commission on Jail Standards, the
State Fire Marshal, the local fire department, and the
Owners insurance provider.

4.8.2 Construction Manager shall schedule and


conduct pre-bid conferences with interested
bidders/proposers, Subcontractors, material suppliers,
and equipment suppliers, and record minutes of the
conferences.

4.7.6 Construction Manager shall advise Owner of


any tests to be performed, and assist Owner in
selecting testing laboratories and consultants, without
assuming direct responsibility for the work of such
laboratories and consultants.

4.8.3 Construction Manager and Owner shall review


all trade contractor or Subcontractor bids/proposals in a
manner that does not disclose the contents of any
bid/proposal to persons outside of the Project Team
during the selection process. Based on the selection
criteria included in the request for proposals,
Construction Manager shall recommend to the Owner
the bid/proposal that provides the best value for the
Work Package or Project. Upon Owners concurrence
in the recommendation, Construction Manager may
negotiate the terms of the subcontract with the apparent
best value bidder/proposer.

4.7.7 Construction Manager shall review the


Construction Documents to ensure that they contain
adequate provision for all temporary
facilities
necessary for performance of the Work, and provisions
for all of the job site facilities necessary to manage,
inspect, and supervise construction of the Work.
4.7.8 Construction Manager shall provide an
analysis of the types and quantities of labor required
for the Project and review the appropriate categories of
labor required for Work Packages, critical phases or
stages and make recommendations that minimize
adverse effects of labor shortages.

4.8.4 All subcontracts must be on a lump sum basis


unless other payment terms are approved in writing
and in advance by the Program Manager and Owner.
Upon Owners concurrence in the final terms of the
subcontract, Construction Manager shall enter into a

4.7.9 In accordance with Uniform General


Conditions, Construction Manager is responsible for
initiating, maintaining, and supervising all safety
171

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
written consent, which shall not be unreasonably
withheld.

written subcontract for the subcontract work and


promptly provide a copy to the Owner. All
bids/proposals shall be publicly available after award
of the subcontract or within seven (7) days after the
date of final selection, whichever is later.

4.8.8 If a selected trade contractor or subcontractor


fails to execute a subcontract after being selected in
accordance with this section or defaults in the
performance of its work, the Construction Manager
may, in consultation with the Owner and without
further advertising, fulfill the subcontract requirements
by selecting a replacement trade contractor or
subcontractor, or self perform the work, assuming the
Construction Manager performs the work for an
amount not to exceed the original price and under the
same terms as was offered by the originally selected
trade contractor or subcontractor.

4.8.5 If Construction Manager reviews, evaluates,


and recommends to Owner a bid/proposal from a
reputable trade contractor or subcontractor, but Owner
requires another bid/proposal to be accepted, Owner
shall compensate Construction Manager by a change in
price, time, or Guaranteed Maximum Price for any
additional cost and risk that Construction Manager
incurs because of Owners requirement that the other
bid/proposal be accepted.
4.8.6 Construction Manager may seek to selfperform portions of the Work identified for selfperformance in the bid/proposal strategy. The
Construction Manager must submit a bid/proposal for
the self-performance work in the same manner as all
other trade contractors or Subcontractors. A minimum
of 3 other bids must be obtained on potential selfperform packages. The Owner will determine whether
the Construction Managers bid/proposal provides the
best value for Owner, which determination is final.
Construction Manager must perform approved selfperformance work in accordance with the same terms
and conditions as its other Subcontractors. For
payment purposes, the Construction Manager shall
account for self-performance work in the same manner
as it does all other subcontract costs.

4.9 SAFETY
4.9.1 In accordance with Owners Uniform General
Conditions, Construction Manager is responsible for
initiating, maintaining, and supervising all safety
precautions and programs in connection with the
Work. The safety program shall comply with all
applicable requirements of the Occupational Safety and
Health Act of 1970 and all other applicable federal,
state and local laws and regulations.
4.9.2 Construction
Manager
shall
provide
recommendations and information to the Project Team
regarding the assignment of responsibilities for safety
precautions and programs, temporary Project facilities,
and equipment, materials, and services for common use
of the Subcontractors. Construction Manager shall
verify that appropriate safety provisions are included in
the Construction Documents.

4.8.7 Construction Manager shall identify every


Subcontractor it intends to use on the Project, including
Subcontractors used for self-performed work, to the
Owner in writing at least ten (10) days before entering
into any subcontract. Construction Manager shall not
use any Subcontractor to which Owner has a
reasonable objection. Further, Construction Manager
shall disclose to the Owner any ownership interest or
affiliation between the Construction Manager and any
Subcontractor prior to entering into a subcontract, and
Owner shall have the right, in its sole discretion, to
reject any such Subcontractor. Construction Manager
shall not be required to subcontract with any
Subcontractor to which it has reasonable objection.
Following Owner acceptance of a Subcontractor, that
Subcontractor shall not be changed without Owners

Article 5
GUARANTEED MAXIMUM PRICE FOR
CONSTRUCTION SERVICES
5.1
When the Owner and Construction Manager
agree that the Project has been sufficiently developed
and documented to allow detailed pricing of its
construction, the Construction Manager at Risk shall
prepare and submit a Guaranteed Maximum Price
(GMP). The GMP must be prepared and delivered in
172

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
clarifications, assumptions, and further development
and completion of the Drawings and Specifications
shall be specified in an itemized breakdown as part of
the GMP. Wherever in the GMP the Owners
consultants have not developed a full design or
specifications to fully describe a building item or
system, Construction Manager at Risk shall develop
performance based specifications that will be included
in the GMP.

the format specified by Owner and include, without


limitation, the Construction Manager at Risks General
Conditions originally submitted in the RFP response,
estimated Costs of Work organized by trade; allowance
amounts by item; contingency amounts; the
Construction Phase Fee originally submitted in the
RFP response, a Contract Time and date of Substantial
Completion and other items as required by the Owner.
The form shall be attached to the contract as an Exhibit
D.

5.5
Before final acceptance of the GMP by the
Owner, Construction Manager at Risk shall submit for
Owners approval, the number of copies requested by
the Owner, complete, bound sets of the drawings,
specifications,
plans,
sketches,
instructions,
requirements, materials, equipment specifications and
other information or documents required by the GMP
Guideline so as to fully and completely describe the
Project as developed at the time of the GMP.

5.2
Construction Manager shall not withdraw its
Guaranteed Maximum Price Proposal for the Project or
the applicable Work Package(s) for ninety (90) days
following submission to the Owner, subject to changes
in the Guaranteed Maximum Price Proposal for the
Project based on the development of a new Work
Package during such time period. During such ninety
(90) day period, should the GMP Proposal be
unacceptable, the Owner reserves the right to request
from other firms competitive sealed proposals with
respect to the Project or the applicable Work
Package(s) and at the expiration of such ninety (90)
day period (or sooner), the Owner may hire such other
firm to perform the Construction Phase Services, or
balance thereof, in which case the Owner may
terminate this Agreement, or the Owner may accept
Construction Managers GMP Proposal and the
Construction Manager shall perform the Work covered
by such GMP Proposal in accordance with its terms
and the terms hereof.

5.6
The GMP Proposal and the GMP Contract
Documents are intended to address all items,
assumptions, costs, contingencies, schedules and other
matters necessary and relevant for proper execution
and completion of the Work for the Guaranteed
Maximum Price. The Construction Manager at Risk
shall provide a fully functional and operational facility
as intended in the GMP. The GMP Proposal and the
GMP Contract Documents are complementary and
what is required by one shall be binding as if required
by all. If there is an irreconcilable conflict between or
among the various documents that make up the GMP
Proposal and the GMP Contract Documents, the
interpretation that provides for the higher quality of
material and/or workmanship shall prevail over all
other interpretations.

5.3
The GMP Proposal must include a written
statement describing how it was derived and prepared.
At a minimum, the GMP Proposal must specifically
identify the Drawings, Specifications and other
construction documents relied on, the addenda
incorporated, any exceptions to the Owners Uniform
General Conditions or to the terms of this Agreement,
the allowances, and all clarifications and assumptions
made by the Construction Manager at Risk.

5.7
The GMP Proposal shall adopt and incorporate
all of the terms and conditions of this Agreement and
all other documents that comprise the Contract
between the Owner and the Construction Manager at
Risk. Any exceptions to or modifications of such
terms and conditions proposed by the Construction
Manager at Risk in the GMP Proposal shall not be
effective unless they are expressly stated and
conspicuously identified in the GMP Proposal and are
specifically accepted and approved by the Owner.

5.4
In formulating the Guaranteed Maximum Price
Proposal, Construction Manager at Risk shall include a
contingency Construction Contingency Allowance to
allow for additional costs of the Work arising out of
such development and completion, as well as bidding
variations and price escalations which do not qualify
for a change order.
Amounts attributable to

5.8

173

Following Owner acceptance of the GMP

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
in writing a representative who is responsible for the
day-to-day management of the Construction Services.
The designated representative shall be the Owners
primary contact during the construction phase and shall
be available as required for the benefit of the Project
and the Owner. The designated representative shall be
authorized to act on behalf of and bind the
Construction Manager at Risk in all matters related to
Construction Services including, but not limited to,
execution of Change Orders, Applications for Payment
and Additional Service Requisitions. The designated
representative shall not be changed without advance
written approval from the Owner.

Proposal, Construction Manager at Risk shall continue


to monitor any changes to the Construction Documents
so that, when complete, the documents incorporate and
address all qualifications, assumptions, clarifications,
exclusions and value engineering issues contained in
the GMP Proposal. The Construction Manager at Risk
shall provide to Owner monthly status reports on the
progress of incorporation of all such qualifications,
assumptions,
clarifications,
exclusions,
value
engineering issues and all other matters relevant to the
GMP Proposal.
5.9
All contingencies are to be used as mutually
agreed upon between the Owner and Construction
Manager at Risk. The Construction Manager at Risk
shall notify the Owner in writing prior to expending
any contingency monies with an explanation as to why
use of such funds is warranted.

6.3
Construction Manager shall attend Owners
regularly scheduled Project progress meetings and
fully advise the Project Team of the Project status
including schedule, costs, quality and changes. Prior to
each meeting, the Construction Manager shall provide
the Owner written agenda items for the meeting.
Construction Manager shall record and distribute the
minutes of each meeting to each Project Team
member. The minutes shall identify critical activities
that require action and the dates by which each activity
must be completed.

5.10
As the Cost of Work buyout progresses for
those Construction Contingency Allowance items
specifically identified in the GMP Proposal, the
Construction Contingency Allowance amount shall be
reduced by mutual agreement of Owner and
Construction Manager at Risk with the deductions
returned to the Owner as savings. Any Contingency
remaining at the end of the Project shall be returned to
the Owner by deductive Change Order.

6.4
Unless otherwise provided for in the Contract,
Construction Manager at Risk shall provide or cause to
be provided, and shall pay for all labor, materials,
equipment, tools, construction equipment and
machinery, transportation and other facilities and
services necessary or reasonably inferable for proper
execution and completion of the Work, whether
temporary or permanent and whether or not
incorporated or to be incorporated into the Work.

5.11
Prior to utilization of any Contingency and
subject to the Owners approval, the Construction
Manager at Risk shall provide
complete
documentation, to the Owners satisfaction, describing
in detail the scope of work affected and the associated
costs.

6.5
The Construction Manager at Risk shall be
responsible for all construction means, methods,
techniques, sequences and procedures, and for
coordinating all portions of the Work. The
Construction Manager at Risk shall keep the Owner
informed of the progress and quality of the Work.

Article 6
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION SERVICES

6.6
The Construction Manager at Risk warrants to
the Owner that the materials and equipment provided
under the Contract will be of good quality and new
unless otherwise required or permitted by the Contract,
that the construction will be free from faults and
defects and that the construction will conform to the

6.1
The Construction Phase shall be deemed to
commence upon the earlier of (i) the date specified in a
Notice to Proceed issued by Owner after approval of
the Guaranteed Maximum Price Proposal specified in
such Notice to Proceed.
6.2

Construction Manager at Risk shall designate


174

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
requirements of the Contract. The Construction
Manager at Risk shall be responsible for correcting
Work that does not comply with the Contract
Documents.

Article 8
OWNERS RESPONSIBILITIES

6.7
Construction Manager shall obtain building
permits, special permits, licenses, waivers, variances,
etc. for permanent improvements as required by law or
the Construction Documents. With the assistance of
the Owner and Program Manager, obtain all approvals
required from authorities having jurisdiction over the
Project.

8.1
The Owner will provide a preliminary project
budget and schedule for the Project. The budget will
include
the
Construction
Cost
Limitation,
contingencies for changes in the Work during
construction, and other costs which are the
responsibility of the Owner. The schedule will set
forth the Owners plan for milestone dates and
completion of the Project.

6.8
Construction Manager shall
coordinate,
monitor and inspect the Work of Subcontractors to
ensure conformance with the Construction Documents.

8.2
The Owner will designate an Owner
representative with authority to act in the Owner's
behalf with respect to the Project. The Owner's
Designated Representative (ODR) shall examine the
documents submitted by the Construction Manager at
Risk and shall render decisions pertaining thereto.

6.9
In accordance with the Uniform General
Conditions regarding record documents, the
Construction Manager shall maintain and deliver the
required documents that describe changes or deviations
from the Construction Documents that occurred during
construction and that reflect the actual As Built
conditions of the completed Work.

8.3
The Owner, at Owners cost, will secure the
services of special consultants to develop such
additional information as may be necessary for the
design of the project. The Construction Manager at
Risk shall provide the Owner with parameters for
inclusion in the Owners instructions to such providers.

6.10
Construction Manager shall complete any PreConstruction Phase Services relating to Work Packages
that are not complete or that have not commenced as of
the commencement of the Construction Phase Services.
6.11
Construction Manager shall provide complete
startup of the building systems of the Project per
manufacturers recommendations and the Contract
Documents. Construction Manager shall document
and certify that all building systems are fully
functioning as intended under the Construction
Documents and manufacturers recommendations as a
condition of Substantial Completion.

8.4
The Owner shall furnish all legal, accounting,
auditing and insurance counseling services for itself as
may be necessary for the Project.

6.12
The Construction Manager at Risks
Construction Services and obligations are further
described in the Uniform General Conditions and other
Contract documents.

8.6
Owner shall have the right to reject any
defective Work on the Project. Should Construction
Manager refuse or neglect to correct any such Work
within a reasonable time after notice, Owner may have
the Work corrected and recover all expenses incurred
from Construction Manager on demand.

Article 7

8.7
The Owner may designate one or more
Construction Inspectors of its own who shall be given
access to the Work as requested or needed. The
provision of such Inspectors by Owner shall not reduce
or lessen in any respect Construction Manager at

8.5
The Owner shall furnish required information
and services and shall render approvals and decisions
as expeditiously as is consistent with reasonable skill
and care and the orderly progress of the Construction
Manager at Risk's services and of the Work.

INTENTIONALLY DELETED

175

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
10.3.3 Schedule update progress accomplished thus
far.

Risks responsibilities for the Work. Construction


Manager at Risk shall remain fully and solely
responsible for the drawings, specifications, and other
contract documents furnished or provided by
Construction Manager at Risk, and for constructing the
Project in strict accordance with the Contract
Documents.

10.3.4 Next month activities and milestones.


10.3.5 Any time savings or delays experienced thus
far and an explanation as to why.
10.3.6 A plan on how the Construction Manager at
Risk intends to recover from any delays.
10.3.7 Status of buy-outs against the GMP and
technical submittals and shop drawings.

Article 9

10.3.8 Any safety incidents recorded for the period


covered in the report.

INTENTIONALLY DELETED

Article 10

Article 11

TIME

PAYMENTS

10.1
Time limits stated in the Contract Documents
are of the essence of this Agreement.

11.1
Payments for Pre-Construction Phase Services
shall be made after GMP Acceptance. Where multiple
GMPs are contemplated, Pre-Construction Phase
Service Costs shall be proportionally allocated and
payments shall be made after each GMP is accepted.
Payments for Construction Phase Services shall be
made as provided for in the Uniform General
Conditions and the Owners Specifications.

10.2
Prior to commencement of the Construction
Phase Services and concurrently with the submission
of the Guaranteed Maximum Price, the Construction
Manager at Risk shall submit for the Owner's approval
a detailed CPM schedule for the performance of the
Construction Phase Services as specified. The
Construction Phase Schedule shall include reasonable
periods of time for the Owner's and Program
Managers review and approval of shop drawings and
submissions and for approval of authorities having
jurisdiction over the Project.

11.2
All payment requests shall be submitted on
approved forms with a Schedule of Values approved
by the Owner. Billings shall accurately and completely
detail Subcontractor payment requests and payments.
11.3
Payment for approved Additional Services and
Reimbursable Expenses shall be made monthly upon
presentation of the Construction Manager at Risk's
statement of services rendered or expenses incurred.

10.3
Upon acceptance of a Guaranteed Maximum
Price Proposal by the Owner, the Construction Phase
Schedule shall not be modified except for good cause
as approved by the Owner at the Owners sole option
and discretion. The Construction Manager at Risk
shall provide the Owner with detailed and accurate
monthly invoices which also include the following
items:

11.4
With each application for payment,
Construction Manager at Risk shall submit all receipts,
invoices with check vouchers or other evidence of
payment, petty cash account information, payrolls, and
any and all other evidence which Owner or its
designated representatives shall deem necessary to
support the amount requested. This requirement
normally will be waived unless payment is for preapproved Time and Material work, or if the Owner
exercises its right to audit per Section 11.18.

10.3.1 A copy of the original schedule with marked


up changes showing original activities and modified
ones (as applicable).
10.3.2 Schedule changes (if any).

176

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
11.9
Owner shall have the right to withhold from
payments due Construction Manager at Risk such sums
as are necessary to protect Owner against any loss or
damage which may result from negligence by
Construction Manager at Risk or failure of
Construction Manager at Risk to perform Construction
Manager at Risk's obligations under this Agreement.

11.5
The Construction Manager at Risks
Construction Services Fee shall be shown as a separate
line item on the schedule of values. In determining the
percentage of completion, Construction Manager at
Risk shall use the lesser of the total percentage of the
Work actually completed for each classification on the
schedule of values, or the percentage of the Guaranteed
Maximum Price allocable to that item which has been
actually incurred and demonstrated as an expense by
the Construction Manager at Risk. The amount
requested for such fee shall be in the same proportion
to the total fee as the amount requested for the Cost of
the Work relative to the total Cost of the Work used in
deriving the then current Guaranteed Maximum Price.

11.10 Owner is a governmental entity and materials


and services utilized in the construction of the Project
shall be exempted from state and local taxes.
Construction Manager is responsible for taking full
advantage of all tax exemptions applicable to the
Project. Owner will deduct from the Applications for
Payment and from the Application for Final Payment
any taxes paid for materials or services that were
entitled to tax exemption.

11.6
Retainage as specified in the Uniform General
Conditions will be applied to the entire amount
requested including the Cost of the Work and the
Construction Manager at Risks Construction Phase
Fee. Retainage will not be withheld from payments for
Pre-Construction Phase Services.

11.11 Construction Manager at Risks request for


final payment shall not be made until Construction
Manager at Risk delivers to Owner a complete release
of all liens and/or bond claims arising out of this
Agreement and an affidavit that, to the best of
Construction Manager at Risks information or
knowledge, the release includes and covers all
materials and services over which Construction
Manager at Risk has control and for which a lien
and/or bond claim could be filed. Alternatively,
Construction Manager at Risk may furnish a bond
satisfactory to Owner to indemnify Owner against any
lien. If any lien remains unsatisfied after all payments
are made, Construction Manager at Risk shall refund to
Owner all moneys Owner may be compelled to pay in
discharging such lien, including all costs and
reasonable attorneys' fees, and Owner shall have all
remedies at law and in equity.

11.7
Each schedule of values submitted shall
maintain the originally established value for each work
classification line item or subcontractor, and shall
contain any revisions to costs or cost estimates for each
such classification or subcontractor. The format and
tracking method of the original schedule of values and
of all updates thereto shall be subject to the approval of
Owner. The Owner may require that payment
applications be submitted electronically. If at any
time, the amount shown on the schedule of values
exceeds the Guaranteed Maximum Price allocable to
that classification or subcontractor, then the amount
payable to Construction Manager at Risk by Owner
shall be reduced by the amount of such excess. At all
times, the estimated cost of performing the
uncompleted and unpaid portion of the Work
(including Construction Manager at Risks fee) shall
not exceed the unpaid balance of the Guaranteed
Maximum Price (less retainage on Work previously
completed).

11.12 Construction Managers Application for Final


Payment shall not be made until all Work is completed
and all requirements of the Contract Documents have
been satisfied including (1) a certificate evidencing that
insurance required by the Contract Documents to
remain in force after final payment is currently in
effect and will not be canceled or allowed to expire
until at least 30 days prior written notice has been
given to the Owner, (2) a written statement that the
Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period
required by the Contract Documents, and (3) consent

11.8
Payments to Subcontractors included in an
application for payment shall not exceed
the
percentage of Work allocable to that Subcontractor for
each respective schedule of values classification which
has been actually completed.

177

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
of surety, if any, to final payment (using the AIA
Document G707, April 1970 edition, or in such form
otherwise reasonably satisfactory to Owner, (4) an all
bills paid affidavit is furnished to Owner which
conforms to the provisions of Sec. 53.085 of the Texas
Property Code and which certifies that (x) all bills have
been paid, except as to those bills to be paid fully from
the funds paid for final payment and (y) to the best of
Construction Manager information, knowledge and
belief, all known debts and claims arising from the
Project have been satisfied, and (5) a release of the
Construction Managers constitutional and statutory
mechanics lien or any other claim for payment,
conditioned only upon the collection of funds paid to
Construction Manager for final payment. Additionally,
Construction Manager shall, as a condition precedent
to final payment, deliver or furnish to Owner: (1) such
documentation and assignments with regard to
warranties as required by this Agreement; (2) such
drawings and record documents as required by this
Agreement or as otherwise required by the Contract
Documents; (3) operations and maintenance manuals,
records, instructions, and data, including the
information required by this Agreement; (4) keys,
access cards, and any other items for access to and
security of the premises; (5) spare parts, overages, and
maintenance materials; (6) such other close-out
submittals or documentation required by the Contract
Documents; (7) and a duly executed Affidavit of
Completion in form ready for filing in the Real
Property Records of the Owner in which the Project is
located, signifying that the Work under the Contract is
complete under the applicable mechanics lien laws.
As a further material term of this Agreement (which
hereby survives final payment), Construction Manager
shall furnish to Owner within thirty (30) days after
final payment, an unconditional bills paid affidavit and
waiver/release of lien from each of its Subcontractors
and suppliers who were to be paid from the final
payment. If any Subcontractor or supplier refuses to
furnish such a waiver/release, or in the event that a
claim for payment or lien has been asserted by a
Subcontractor or supplier furnishing Work to the
Project, upon Owners request, Construction Manager
shall furnish a surety bond reasonably acceptable to
Owner to release such claim against Owner and lien, if
any, and otherwise fully comply with the provisions of

Section 53.171 through 53.174 of the Texas Property


Code. If Construction Manager fails to furnish such
waiver/release or such lien release bond as required
herein, Owner is hereby authorized to take such action,
as it deems reasonably necessary to protect itself from
such claim or lien and to recover from Construction
Manager such costs reasonably incurred If any lien is
asserted against Owner after all payments are made,
Construction Manager shall reimburse Owner for all
damages and costs Owner may incur in discharging
such lien, including all costs or court and reasonable
attorneys fees, and Owner shall retain all other
remedies available to it at law and in equity.
11.13 Owner shall have no obligation to make final
payment until a final accounting of the Cost of the
Work has been submitted by Construction Manager at
Risk and has been verified by Owner or Owners
representatives. The aggregate total of payments to
Construction Manager at Risk shall not exceed the total
of the actual Cost of the Work as verified by Owner or
Owners representative from Construction Manager at
Risks final accounting plus the
applicable
Construction Manager at Risks Construction Fee, as
certified for payment in accordance with the Contract.
In no event shall the aggregate sum of Construction
payments to the Construction Manager at Risk exceed
the Guaranteed Maximum Price. If payments made to
Construction Manager at Risk exceed that which is due
and owing, then Construction Manager at Risk shall
promptly refund such excess to Owner.
11.14 Notwithstanding any other
contractual
provision to the contrary, Owner shall not be obligated
to make any payment to the extent necessary to protect
the Owner from loss (whether a progress payment or
final payment) to Construction Manager at Risk under
any of the following circumstances if the making of
such payment would be materially prejudicial to the
Owner:
11.14.1 Construction Manager at Risk is in breach or
default under this Agreement;
11.14.2 Any part of such payment is attributable to
services which are not performed in accordance with
this Agreement; provided, however, such payment
shall be made as to the part thereof attributable to
services which were performed in accordance with this

178

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
11.17 Construction Manager at Risk shall promptly
pay all bills for labor and material performed and
furnished by others in connection with the performance
of the services.

Agreement;
11.14.3 The payment request has insufficient
documentation to support the amount of payment
requested for Project costs; provided, however, Owner
shall pay for allowable Project costs for which there is
sufficient documentation;

11.18 Owner shall have the right to verify and audit


the details set forth in Construction Manager at Risk's
billings, certificates, accountings, cost data, and
statements, either before or after payment, by (1)
inspecting the books and records of Construction
Manager at Risk during normal business hours; (2)
examining any reports with respect to this Project; (3)
interviewing Construction Manager at Risks business
employees; (4) visiting the Project site; and (5) other
reasonable action. Construction Manager at Risk's
records shall be kept on the basis of generally accepted
accounting principles. Any audit shall be done at no
additional cost to the Owner.

11.14.4 Construction Manager is in violation of the


applicable laws, the payment request does not include
bills paid affidavits from all suppliers and
Subcontractors providing materials or services during
the period prior to the date of the request, or has failed
to make payments promptly to consultants or other
third parties used in connection with any services for
which Owner has made payment to Construction
Manager at Risk;
11.14.5 Construction Manager is insolvent, makes a
general assignment for the benefit of its creditors or
otherwise seeks protection under the laws and
regulations of the bankruptcy courts;

11.19 This Agreement is subject to the assessment of


liquidated damages against Construction Manager.
Amounts assessed as liquidated damages, and other
amounts to which Owner is entitled by way of setoff or
recovery, may be deducted from any moneys due
Construction Manager.

11.14.6 Construction Manager fails to obtain, maintain


or renew insurance coverage as required by the
Agreement;
11.14.7 If Owner, in its good faith judgment,
determines that the portion of the compensation then
remaining unpaid will not be sufficient to complete the
services in accordance with this Agreement; or

11.20 The acceptance by Construction Manager at


Risk of final payment under this Agreement, shall
constitute a full and complete release of Owner from
any and all claims, demands, and causes of action
whatsoever which Construction Manager at Risk or
Construction Manager at Risk's successors have or
may have against Owner under the provisions of this
Agreement except those previously made in writing
and identified by Construction Manager at Risk as
unsettled at the time of the final request for payment.

11.14.8 Construction Manager at Risk has persistently


failed to meet schedule requirements.
11.15 Nothing contained herein shall require the
Owner to pay the Construction Manager at Risk an
aggregate amount for Construction Services that
exceeds the Guaranteed Maximum Price or to make
any payment if, in the Owners belief, the cost to
complete the Work would exceed the Guaranteed
Maximum Price less previous payments
to
Construction Manager at Risk.

Article 12
INTENTIONALLY DELETED

11.16 No partial payment made hereunder shall


constitute, or be construed to constitute, final
acceptance or approval of that part of the services to
which such partial payment relates, or a release of
Construction Manager at Risk from any of its
obligations hereunder or liabilities with respect to such
services.

Article 13
COST OF THE WORK

179

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
Work.

13.1
The term Cost of the Work means costs
which the Construction Manager at Risk actually and
necessarily incurs constructing the Work in strict
compliance with the Contract Documents. Cost of the
Work includes the cost of Construction Manager at
Risks General Conditions for the Work and the cost of
the work itself. The costs associated with PreConstruction Phase and Construction Phase fees are
not included in the Cost of the Work

13.5 CONSTRUCTION
CONDITIONS

GENERAL

13.5.1 Construction Manager is entitled to receive


payment for the actual cost of the allowable General
Conditions items incurred after receipt of the first
Notice to Proceed from the Owner with construction of
the Work through Substantial Completion of the
Project plus thirty (30) calendar days. Construction
Manager is not entitled to reimbursement for General
Conditions Costs incurred before receipt of the first
Notice to Proceed. General Conditions Costs incurred
after Substantial Completion must be approved in
advance by the Owner in writing.

13.2
References in the Uniform General Conditions
relating to adjustments in cost or costs refer to
adjustments to the Cost of the Work.
13.3
Construction Manager is entitled to receive
payment for the actual cost of the allowable cost of the
Work items incurred after receipt of Owners written
authorization to commence the Construction Phase
Work through Final Completion of the Project.
Construction Manager is not entitled to reimbursement
for Cost of the Work costs incurred before receipt of
Owners written authorization.
13.4

MANAGER

13.5.2 Allowable General Conditions items are


identified by attached Exhibit C. These items shall be
included in the Construction Manager at Risks
General Conditions (sometimes referred to as General
Conditions Costs) amount shown as a line item in the
Guaranteed Maximum Price Proposal and as detailed
on the Schedule of Values.

Cost of the Work includes:

13.4.1 Costs of materials and equipment purchased


directly by the Construction Manager and incorporated
into or consumed in the performance of the Work,
including transportation charges, and a reasonable and
customary allowance for waste and spoilage. Payment
for stored materials is subject to the Uniform General
Conditions;

13.6 COSTS NOT INCLUDED IN THE COST


OF WORK OR GENERAL CONDITIONS
COST
The following shall not be included in the Cost of
Work to be paid by Owner:
13.6.1 Costs including, but not limited to, costs
arising from failure to perform of any Subcontractor or
the bankruptcy or insolvency of any Subcontractor;

13.4.2 Costs of site debris removal and disposal in


accordance with all applicable laws and regulations if
not otherwise included in General Conditions Cost;

13.6.2 Legal and administrative costs to review and


negotiate these Contract Documents;

13.4.3 Payments made to Subcontractors and their


vendors or suppliers by Construction Manager for the
subcontract work in accordance with the Construction
Documents and the requirements of the subcontracts
with the Subcontractors, vendors or suppliers;

13.6.3 Travel and subsistence expense


of
Construction Manager at Risk, its officers or
employees incurred while traveling between the
Project and Construction Manager at Risks principal
or branch offices, and travel in the metropolitan area of
the Project;

13.4.4 Payments earned by Construction Manager for


self-performed subcontract Work, other than Work
covered under General Conditions Cost, in accordance
with the Construction Documents and the terms of this
Agreement and approved by the Owner; and

13.6.4 Fines, penalties, sanctions or impositions


assessed or imposed by any governmental body,
instrumentality or tribunal arising from the fault of
Construction Manager at Risk;

13.4.5 Intellectual property royalties and licenses for


items specifically required by the Construction
Documents which are, or will be, incorporated into the

13.6.5 Costs incurred by Construction Manager at


Risk resulting from the failure of Construction
180

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
Manager at
coordinate

Risk

or

its

Subcontractors

to

181

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
13.7.2 If Owner makes funds available
to
Construction Manager at Risk, discounts earned by the
Construction Manager at Risk through advance or
prompt payments. The Construction Manager at Risk
shall obtain all possible trade and time discounts on
bills for material furnished, and shall pay said bills
within the highest discount periods. The Construction
Manager at Risk shall purchase materials for this
Project in such quantities as will provide the most
advantageous prices to the Owner;

their work with that of Owner and its contractors, if


any, after agreeing to the schedules therefore, or failure
of Construction Manager at Risk to comply with
directives of Owner not in conflict with said schedules;
13.6.6 Costs resulting from the failure
of
Construction Manager at Risk or any Subcontractor to
procure and maintain insurance as and to the extent
required by the Contract Documents;
13.6.7 Any and all personnel costs, including, without
limitation, wages, salaries, and benefits, except for
personnel based at the site office and the Project
Manager assigned to this Project and only as
specifically provided herein;

13.7.3 Rebates, discounts, or commissions allowed to


and collected by the Construction Manager at Risk
from suppliers of materials or from subcontractors,
together with all other refunds, returns, or credits
received for return of materials, or on bond premiums,
or insurance and sales taxes; and

13.6.8 Any and all overhead expense or office


expense at any location, except site office expense to
the extent specifically included herein;

13.7.4 Construction Manager at Risk shall reimburse


Owner for deposits made by Owner and not returned to
Owner due to the fault of the Construction Manager at
Risk. Should Construction Manager at Risk not
promptly so reimburse Owner upon demand, Owner
shall be entitled to recover said amount from
Construction Manager at Risk, including, but not
limited to, by deducting the amount from payments due
the Construction Manager at Risk.

13.6.9 Costs related to Construction Manager at


Risks indemnification obligations under the Contract;
13.6.10 The cost of capital, including, without
limitation, interest on capital, regardless of whether it
is related to the Project;
13.6.11 Any cost arising out of a breach of this
Contract or the fault or negligence of Construction
Manager at Risk, its Subcontractors, or any person or
entity for whom they may be liable, including, without
limitation, costs related to defective, rejected, or
nonconforming work, materials or equipment, damage
to persons or property;

13.8 CONSTRUCTION
ALLOWANCE

CONTINGENCY

13.8.1 The Guaranteed Maximum Price Proposal


shall include a Construction Contingency Allowance
amount to be used to fund increases in the Cost of
Work of the Project identified through the refinement,
development and completion of the Construction
Documents or procurement of the Work. The
Construction Manager shall establish the Construction
Contingency Allowance based upon its assessment of
the risk to the GMP from such elements as unforeseen
conditions, market uncertainty, conflicts in the
documents, site logistics, and the complexity of the
Project. Construction Manager shall illustrate this
contingency in the GMP Schedule of Values. All nonscope changes to the Project are to be paid from this
line item unless otherwise noted herein. All buyout
savings on trade packages will be added to this
amount. All buyout shortfalls will be subtracted from
this amount.

13.6.12 Liquidated damages imposed by Owner for


failure of Construction Manager at Risk to complete
the Work within the Contract Time; and
13.6.13 Any and all costs not specifically authorized
herein, including, without limitation, any cost which
would cause the Guaranteed Maximum Price to be
exceeded.
13.7 DISCOUNTS, REBATES AND REFUNDS
The Cost of the Work to be paid by Owner shall be
credited with the following items:
13.7.1 All tools and excess materials purchased with
proceeds from this contract shall be inventoried and
surrendered to the Owner upon final completion of the
project;
182

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
the Pre-Construction Phase Fee following acceptance
of the GMP Proposal.

13.8.2 Any re-allocation of funds from the


Construction Contingency Allowance to cover
increases in the Cost of Work will be documented by
Change Order approved by the Construction Manager,
Program Manager and Owner. Such approval by these
parties will not be unreasonably withheld and will
indicate that the cost of the Work is reasonable and the
adjustment has been properly documented. In written
Change Orders to use the Construction Contingency
Allowance, the Construction Manager shall provide
detailed documentation of the scope of Work affected
and the bases for any increases in costs.

14.2 CONSTRUCTION PHASE FEE


14.2.1 Construction Managers Construction Phase
Fee is the maximum amount payable to the
Construction Manager for any cost or
profit
expectation incurred in the performance of the Work
that is not specifically identified as being eligible for
reimbursement by the Owner elsewhere in the
Agreement. References in the Uniform General
Conditions to Construction Managers overhead and
profit mean the Construction
Managers
Construction Phase Fee. The Construction Phase Fee
includes, but is not limited to, the following items.

13.8.3 Upon completion of bidding of the final trade


package or one (1) month after the acceptance of each
GMP, whichever comes first, if the Construction
Contingency Allowance exceeds three percent (3%) of
the GMP, the excess shall be released to the Owner by
Change Order. Any residual Construction Contingency
Allowance shall be released to the Owner by Change
Order at Substantial Completion or before by mutual
agreement of the parties. If, at any time, the
Construction Contingency Allowance is exhausted, the
Construction Manager will cover additional
contingency costs from the Construction Phase Fee.

14.2.2 All profit, profit expectations and costs


associated with profit sharing plans such as personnel
bonuses, incentives, and rewards; company stock
options; or any other like expenses of the Construction
Manager.
14.2.3 Salaries of Construction Managers officers,
project manager(s), estimators, schedulers and all other
employees not performing services directly related to
the Project.
14.2.4 Any and all overhead, labor or general
expenses of any kind unless specifically allowed under
General Conditions Cost. These costs include, but are
not limited to: costs for the purchase, lease, rental,
allowance
or
maintenance
of
vehicles,
radios/communication equipment, jobsite computers,
copiers and other business equipment, specialized
telephone systems and cellular/digital phones; trade or
professional association dues; costs for hiring and/or
relocation of any of the Construction Managers
personnel; and travel, per diem and subsistence
expense of Construction Manager, its officers or
employees except as specifically allowed under
General Conditions Cost.

Article 14
CONSTRUCTION MANAGER AT RISKS FEE
14.1 PRE-CONSTRUCTION PHASE FEE
14.1.1 The Pre-Construction Phase Fee is the total
compensation payable to the Construction Manager for
the performance of Pre-Construction Phase Services,
except for Additional Pre-Construction Phase Services
approved in advance and in writing by the Owner.
14.1.2 Except as specifically allowed in Sections
14.1.3, the Construction Manager shall not be entitled
to any increase in the Pre-Construction Phase Fee for
any costs, expenses, liabilities or other obligations
arising from the performance of Pre-Construction
Phase Services.

14.2.5 Any financial costs incurred by the


Construction Manager including the cost of capital or
interest on capital, regardless of whether it is related to
the Project, and costs associated with construction
warranty reserves.

14.1.3 If the scope of the Project is changed


materially, the Pre-Construction Phase Fee shall be
equitably adjusted. There shall be no adjustments in

14.2.6 Any legal, accounting, professional or other


similar costs incurred by the Construction Manager,
183

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
amount established for each of those categories in the
originally approved Guaranteed Maximum Price
Proposal, the entire difference shall be credited to the
Owner as savings and the final contract amount shall
be adjusted accordingly. Owner shall be entitled to
retain 100% of the balance of any unused allowance
amount.

including costs incurred in connection with the


prosecution or defense any dispute, mediation,
arbitration, litigation or other such proceeding related
to or arising from the Project.
14.2.7 Any Federal and/or State income and franchise
taxes paid by Construction Manager. Any fines,
penalties, sanctions or other levies assessed by any
governmental body against Construction Manager.

15.2
Owner shall be entitled to recover any savings
realized between the Guaranteed Maximum Price and
the buyout price for subcontracting Work, provided
however, that Construction Manager may use such
savings to offset other buyout packages that exceed the
amounts identified in the initial Guaranteed Maximum
Price, so long as the total Cost of Work proposed in the
Guaranteed Maximum Price does not increase.

14.2.8 Any cost arising out of a breach of this


Agreement or the fault, failure or negligence of
Construction Manager, its Subcontractors, or any
person or entity for whom they may be liable. These
costs include, without limitation: costs to remedy
defective, rejected, or nonconforming work, materials
or equipment; costs due to failure to coordinate the
Work or meet CPM Schedule milestones; costs arising
from
Construction
Managers
contractual
indemnification obligations; liquidated or actual
damages imposed by Owner for failure to complete the
Work or Work Package within the Time of
Completion; costs due to the bankruptcy or insolvency
of any Subcontractor; and damage or losses to persons
or property.

15.3
Owner shall be entitled to recognize and
recover 100% of any savings identified by cost review
or audit at any time, before or after final payment.

Article 16
PRE-EXISTING CONDITIONS, DESIGN
ERRORS,
AND OMISSIONS

14.2.9 The cost of any and all insurance deductibles


payable by the Construction Manager and costs due to
the failure of Construction Manager or any
Subcontractor to procure and maintain insurance as and
to the extent required by the Contract Documents.

16.1 The
Construction
Manager
at
Risk
acknowledges that it was afforded unrestricted access
to the existing improvements and conditions on the
Project site and it has thoroughly investigated those
conditions. The results of Construction Manager at
Risks investigation have been taken into account in
establishing the Guaranteed Maximum Price of the
Work. Therefore, Construction Manager at Risk shall
not make or be entitled to any claim for any adjustment
to the Contract Time or the Contract Sum for PreConstruction Phase Services or for Construction Phase
Services arising from Project conditions that
Construction Manager at Risk discovered or, in the
exercise of reasonable care, should have discovered in
Construction Manager at Risks investigation. The
Construction Manager at Risk shall not be liable for
existing environmental conditions including but not
limited to environmental impact issues not revealed by
Geotechnical
Investigation.
All
environmental
remediation shall be by the Owner.

14.2.10 Any and all costs that would cause the


Guaranteed Maximum Price for the Work or any Work
Package, as applicable, minus the amounts allocated in
the GMP for the Construction Contingency Allowance,
to be exceeded.
14.2.11 Any and all costs not specifically identified as
an element of the Cost of Work.

Article 15
CONTRACT SAVINGS
15.1
If the allowable, final, verified, audited amount
of the General Conditions Cost, Cost of the Work, and
Construction Contingency Allowance is less than the
184

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
thirty (30) days prior written notice to the Owner.

16.1.1 Construction Manager at Risk is responsible


for discovering and correcting any error, omission,
conflict, inconsistency or lack of clarity, in the
Construction Documents. Before submitting its
Guaranteed Maximum Price Proposal, the Construction
Manager shall review the drawings, specifications and
other Construction Documents and notify the Owner of
any errors, omissions or discrepancies in the
documents of which it is aware. Construction Manager
shall not make or be entitled to any claim for any
adjustment to the Time of Completion or the Contract
Sum for errors or omissions in the Construction
Documents that Construction Manager discovered or,
in the exercise of reasonable care, should have
discovered in Construction Managers
PreConstruction Phase design review process that
Construction Manager did not bring to the attention of
the Owner and the Program Manager in a timely
manner.

17.3 Construction Manager shall not commence


Work under the Agreement until it has obtained all
required insurance and until evidence of the required
insurance has been reviewed and approved by the
Owner. Owners review of the insurance shall not
relieve nor decrease the liability of the Construction
Manager. Prior to commencing any work under the
Agreement, the following insurance coverage shall be
provided by the Construction Manager at Risk:
17.3.1 Pre-Construction Phase Services: Construction
Manager at Risk shall provide coverage for Employers
Liability, Workers Compensation, Comprehensive
General Liability, and Comprehensive Automobile
Liability, as set forth in Section 17.10 and the Uniform
General Conditions.
17.3.2 Construction Phase: In addition to the
coverage required for the Pre-Construction Phase
Services, Construction Manager at Risk shall provide
Owners and Contractors Protective Liability, General
Liability Umbrella and Builders Risk Insurance as set
forth in Section 17.10 and the Uniform General
Conditions of the contract.

Article 17
BONDS AND INSURANCE

17.4
Construction Manager shall include required
insurance information in trade packages and indicate
on
bid/proposal
forms
the insurance
that
bidders/proposers are to include in their base
proposals.

17.1 Within ten (10) days of acceptance by the


Owner of a Guaranteed Maximum Price Proposal,
Construction Manager at Risk shall provide
performance and payment bonds on forms prescribed
by Owner, in accordance with the requirements set
forth in the Uniform General Conditions. The penal
sum of the payment and performance bonds shall be
equal to the Guaranteed Maximum Price. When a
Guaranteed Maximum Price is
established,
Construction Manager at Risk shall provide revised
performance and payment bonds in the amount of the
GMP. If construction is phased or staged with
different Guaranteed Maximum Prices established at
different times, the penal sum of the bonds shall be
increased at the start of each stage or phase based on
the cumulative total value of all Guaranteed Maximum
Prices in effect.

17.5
Construction Manager at Risk shall develop
the GMP including the cost of all premiums for
insurance coverage required by the Agreement,
Uniform General Conditions, or the Contract
Documents. The GMP should not include the cost of
premiums for any additional insurance coverage
desired by the Construction Manager at Risk for the
Project. No mark-up shall apply to Insurance
premiums.
17.6 Construction Manager shall not cause or allow
any of its required insurance to be canceled nor permit
any insurance to lapse during the term of the
Agreement or as required in the Agreement. If the
Construction Manager fails to obtain, maintain or
renew any insurance required by the Agreement, the
Owner may obtain insurance coverage directly and
recover the cost of that insurance from the

17.2 A Certificate of Insurance indicating the


expiration date of the Construction Manager at Risks
general liability insurance is required. No policy
providing such insurance shall be cancelled without
185

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
$500,000 per accident for Bodily Injury by accident;
$500,000 per employee for Bodily Injury by disease;
and $500,000 policy limit for Bodily Injury by disease.

Construction Manager.
17.7 Owner reserves the right to review the
insurance requirements set forth in this Article during
the effective period of the Agreement and to make
reasonable adjustments to the insurance coverages and
their limits when deemed necessary and prudent by the
Owner based upon changes in statutory law, court
decisions, or the claims history of the industry as well
as the Construction Manager.

17.10.3 General Liability insurance with coverage


written at least as broad as that of the standard
Commercial General Liability insurance policy
(Occurrence Form), including, but not limited to,
hazards of operations (including explosion, collapse,
and underground coverage), independent contractors,
contractors protective liability, products
and
completed operations, and personal injury liability with
the contractual exclusion deleted. The insurance
required by this subparagraph (c) shall be written for
not less than the following limits of liability:
$1,000,000 per occurrence and in the general aggregate
per Project for bodily injury and property damage;
$1,000,000 per occurrence and $1,000,000 in the
aggregate for products and completed operations; and
$1,000,000 per occurrence and $1,000,000 in the
aggregate for personal injury and advertisers liability.
The policy shall include contractual liability coverage
in the amounts of (i) $1,000,000 each occurrence and
$1,000,000 aggregate for Bodily Injury and (ii)
$1,000,000 each occurrence and $1,000,000 annual
aggregate for Property Damage. The policy shall
include Personal Injury: $1,000,000 annual aggregate

17.8 Owner shall be entitled, upon request, and


without expense, to receive complete copies of the
policies with all endorsements and may make any
reasonable requests for deletion, or revision or
modification of particular policy terms, conditions,
limitations, or exclusions, except where policy
provisions are established by law or regulation binding
upon the parties to this Agreement or the underwriter
of any of such polices. Damages caused by the
Construction Manager and not covered by insurance
shall be paid by the Construction Manager.
17.9 During construction, the Owner has the option
to audit the Construction Manager at Risks insurance
costs.
17.9.1 If the audit indicates that actual insurance costs
are less than the costs included by the Construction
Manager at Risk then Construction Manager at Risk
shall issue a deductive Change Order to the Owner.

17.10.4 Automobile Liability insurance covering all


owned, non-owned, and hired vehicles. Such insurance
shall be written at least as broad as that of the Standard
Comprehensive Automobile Liability policy and shall
be written for not less than $1,000,000 per occurrence
for bodily injury and property damage. If transporting
hazardous materials, the policy shall include
endorsement MCS90.

17.10 Contractor shall purchase and maintain the


insurance (with a minimum Best rating of A-V)
described below to cover the Work and all obligations
under the Contract Documents and the Agreement,
whether the Work and such obligations are required to
be performed or furnished by Contractor, any
Subcontractor, any Supplier, or by anyone directly or
indirectly employed by any of them or by anyone for
whose acts any of them may be liable:

17.10.5 Environmental Impairment and/or Pollution


Liability Insurance for bodily injury, property damage
and environmental clean-up arising from the handling,
removal, storage, testing, transportation and disposal of
hazardous materials of pollutants. If Contractor uses
vehicles to transport hazardous materials, wastes, or
substances, such insurance shall apply to accidents
during transportation. Coverage shall be provided with
limits of liability no less than $1,000,000 per claim/
$1,000,000 in the aggregate. Such insurance shall be
maintained for two (2) years following the start of the
Work by the Contractor.

17.10.1 Workers Compensation insurance to cover


full liability under the workers compensation laws of
Texas and the state of hire, including coverage for the
benefits provided under the United States
Longshoremen and Harbor Workers Act and under the
Jones Act, if applicable. Such coverage shall also
include an all-states endorsement.
17.10.2 Employers Liability insurance with limits of
186

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
19.2
This Agreement may be terminated by the
Owner for Owners convenience pursuant to Article 14
of the Uniform General Conditions.

17.10.6 Excess or Umbrella Liability insurance with


coverage written at least as broad as those of the
primary policies required by subparagraphs 17.10.2,
17.10.3, and 17.10.4 above and written for not less
than $1,000,000 per occurrence. If an aggregate limit
applies to this coverage, it shall be on a per project
basis.

19.3
If the Owner elects not to accept a GMP
Proposal or the parties are unable or unwilling to agree
on a GMP for the Project or any Work Package within
ninety (90) days after submission by the Construction
Manager of such GMP Proposal in accordance with
Section 5.2, the Owner may terminate this Agreement
effective immediately upon written notice to
Construction Manager.

17.10.7 The Contractor shall purchase and maintain


insurance (Owners/Contractors Protective Liability)
covering the Owners contingent liability for claims
which may arise from operations under the Contract,
with the following limits:
17.10.7.1
Bodily injury:
occurrence; $1,000,000 aggregate

$1,000,000

19.4
In the event of termination pursuant to Section
19.3 or in the event of termination that is otherwise not
the fault of the Construction Manager, the Construction
Manager shall be entitled to compensation for all
services performed to the termination date provided,
however, Construction Manager has delivered to
Owner such statements, accounts, reports and other
materials as required together with all reports,
documents and other materials prepared by
Construction Manager prior to termination. Upon such
payment, Owner shall have no further obligation to the
Construction Manager.

each

17.10.7.2
Property damage: $1,000,000 each
occurrence; $1,000,000 aggregate.
17.10.7.3 Personal injury, with employment exclusion
deleted: $1,000,000 aggregate.
17.10.8 The Contractor shall purchase and maintain
Builders Risk Insurance for the full cost and duration
of the construction.

19.5
Termination of this Agreement shall not
relieve Construction Manager or any of its employees,
subcontractors, or consultants of liability for violations
of this Agreement or for any act or omission, or
negligence of Construction Manager related to the
Project. In the event of a termination, Construction
Manager hereby consents to employment by Owner of
a substitute construction manager to complete the
services under this Agreement.

Article 18
DISPUTE RESOLUTION
18.1 All disputes to which the Owner is a party that
arise from this Agreement or the Project shall be
adjudicated in Hays County.

19.6
In the event of termination, Owner shall have
the right to use any documents or other materials
prepared for the Project and the ideas and designs they
contain for the completion of the services described by
this Agreement, for completion of the Project, or for
any other purpose.

Article 19
PROJECT TERMINATION AND SUSPENSION
19.1 This Agreement may be terminated during the
Pre-Construction Phase by either party upon fifteen
(15) days written notice should the other party fail
substantially to perform in accordance with its terms
through no fault of the party initiating the termination,
and breach is not cured or an acceptable plan to cure
the breach is not established within the fifteen (15) day
period.

19.7
If the Project is suspended or abandoned in
whole or in part for more than ninety (90) consecutive
days during the Pre-Construction Phase, the
Construction Manager shall be compensated for all
services performed prior to receipt of written notice
from the Owner of such suspension or abandonment.
If the Project is resumed after being suspended for
187

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
more than ninety (90) consecutive days, the
Construction Manager's compensation for PreConstruction Services shall be equitably adjusted if, in
the Owner's reasonable opinion, such adjustment is
warranted. If the Project is resumed after being
suspended for less than ninety (90) consecutive days,
the Construction Manager's compensation for PreConstruction Services shall not be adjusted.

Article 21
SPECIAL WARRANTIES
21.1
Notwithstanding anything to the contrary
contained in this Agreement, Owner and Construction
Manager agree and acknowledge that Owner is
entering into this Agreement in reliance on
Construction Manager's represented expertise and
ability to provide construction management services.
Construction Manager agrees to use its best efforts,
skill, judgment, and abilities to perform its obligations
and to further the interests of Owner in accordance
with Owners requirements and procedures.

Article 20
INDEMNITY
20.1
Construction Manager shall protect and
indemnify the Owner from and against all claims,
damages, judgments and loss arising from infringement
or alleged infringement of any United States patent, or
copyright, arising by or out of any of the work
performed hereunder or the use by Construction
Manager, or by Owner at the direction of Construction
Manager, of any article or material, provided that upon
becoming aware of a suit or threat of suit for patent or
copyright infringement, Owner shall promptly notify
Construction Manager and Construction Manager shall
be given full opportunity to negotiate a settlement.
Construction Manager does not warrant against
infringement by reason of Owner's or Design
Construction Manager's design of articles or the use
thereof in combination with other materials or in the
operation of any process. In the event of litigation,
Owner agrees to cooperate reasonably with
Construction Manager and parties shall be entitled, in
connection with any such litigation, to be represented
by counsel at their own expense.

21.2
Construction Manager represents, and agrees
that it will perform its services in accordance with the
highest standards of Construction
Managers
profession or business and in compliance with all
applicable national, federal, state, municipal, laws,
regulations, codes, ordinances, orders and with those of
any other body having jurisdiction over the Project.
Construction Manager agrees to bear the full cost of
correcting Construction Managers negligent or
improper work and services, those of its consultants,
and any harm caused by the negligent or improper
work or services.
21.3
Construction Manager's duties shall not be
diminished by any approval by Owner nor shall the
Construction Manager be released from any liability by
any approval by Owner, it being understood that the
Owner is ultimately relying upon the Construction
Managers skill and knowledge in performing the
services required hereunder.

20.2
The indemnities contained herein shall survive
the termination of this Agreement for any reason
whatsoever.

21.4
Construction Manager represents and agrees
that all persons connected with the Construction
Manager directly in charge of its services are duly
registered and/or licensed under the laws, rules and
regulations of any authority having jurisdiction over
the Project if registration is required.

20.2
The indemnities contained herein shall not be
limited by any limitation on the amount or type of
damages, compensation or benefits payable by any
indemnitor under workers or workers compensation
acts, disability benefit acts or other employee benefit
acts.

21.5
Construction Manager represents and agrees to
advise Owner of anything of any nature in any
drawings, specifications, plans, sketches, instructions,

188

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
information, requirements, procedures, and other data
supplied to the Construction Manager (by the Owner or
any other party) that is, in its opinion, unsuitable,
improper, or inaccurate for the purposes for which the
document or data is furnished.

executory obligations under this Agreement only if the


Construction Manager, in its reasonable discretion,
approves the financial capability of the assignee.
Except as provided herein, no permitted assignment
hereunder shall relieve the assignor from any of its
liabilities, responsibilities, or obligations imposed upon
assignee as if it were the original party to this
Agreement; furthermore, the assignor shall provide the
other party to this Agreement with reasonably
satisfactory evidence of compliance with the foregoing.
Subject to the above provisions, this Agreement shall
be binding upon and inure to the parties hereto, and
their respective successors and/or assigns.

21.6
Construction Manager represents and agrees to
perform its services under this Agreement in an
expeditious and economical manner consistent with
good business practices and the interests of Owner.
21.7
The
Construction
Manager
at
Risk
shall provide to the extent deemed necessary for
compliance by the State, data sheets and/or labels as
proof of compliance.

22.2
GAAP. All Project records of expenses
including, but not limited to those pertaining to
Additional Pre-Construction Phase Services and
services performed on the basis of a Worker Wage
Rate or Monthly Salary Rate, shall be kept on the basis
of generally accepted accounting principles and in
accordance with cost accounting
standards
promulgated by the Federal Office of Management and
Budget Cost Accounting Standards and shall be
available for audit by the Owner or the Owner's
authorized representative on reasonable notice.

21.8
The Construction Manager at Risk shall
provide a notarized certification that no ACBMs were
used.

Article 22
MISCELLANEOUS PROVISIONS
22.1
Assignment. Neither
the
Construction
Manager, nor the Owner, shall voluntarily or
involuntarily, directly, or indirectly, transfer, assign,
hypothecate, pledge, or otherwise dispose of all or any
portion of its interest in this Agreement to any third
party without the prior written consent of the other
party, which consent may be withheld in such partys
sole discretion; provided however, that the Owner shall
have the right to assign its interest in the Agreement
without the necessity of receiving the Construction
Managers consent in conjunction with (i) Owners
transfer to any parent, subsidiary, or affiliated
corporation of Owner (collectively, Owner Affiliate),
or (ii) an internal restructuring of Owner. Any attempt
to transfer, assign, hypothecate, pledge, or otherwise
dispose of a partys interest in the Agreement without
the required consent shall be void. In the event of a
transfer to an Owner Affiliate, the Construction
Manager agrees to release the Owner from liability for
any of the Owners executory obligations under this
Agreement, and in the event of the Owners sale or
lease of the Project to a party other than an Owners
Affiliate, Owner shall be released from the Owners

22.3
Standards of Practice and Compliance with
Laws. Construction Manager shall: (i) conduct all
activities in compliance with applicable laws and
regulations; (ii) promote the highest standards of
business ethics and integrity; (iii) maintain the
confidentiality of Owner information and protect
confidential and proprietary information about
employees and the organization; (iv) conduct activities
and relationships with others so as to avoid conflicts of
interest, in appearance and fact; (v) conduct business
transactions with suppliers, contractors, vendors, and
other third parties at arms length and free from offers
or solicitation of gifts and favors, or other improper
inducements; and (vi) exercise responsible stewardship
to preserve and protect Owners assets by making
productive and effective use of Owners resources.
Construction Managers failure to comply with this
Section shall be deemed a material breach of this
Agreement.
22.4
Franchise Tax Certification Construction
Manager certifies that it is not currently delinquent in
the payment of any Franchise Taxes due under Chapter
189

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
condition of this Agreement shall not be construed as a
waiver of any subsequent breach of that or of any other
covenant or condition of the Agreement.

171 of the Texas Tax Code or that it is exempt from the


payment of such taxes.
22.5
Entire
Agreement;
Modifications
This
Agreement supersedes all prior agreements, written or
oral, between Construction Manager and Owner and
shall constitute the entire Agreement and
understanding between the parties with respect to the
Project. This Agreement and each of its provisions
shall be binding upon the parties and may not be
waived, modified, amended or altered except by a
writing signed by Construction Manager and Owner.

22.10 Binding Effect. This Agreement shall be


binding upon and inure to the benefit of the parties and
their respective permitted assigns and successors.
22.11 Appointment. Owner hereby expressly
reserves the right from time to time to designate by
notice to Construction Manager a representative(s) to
act partially or wholly for Owner in connection with
the performance of Owner's obligations. Construction
Manager shall act only upon instructions from the
designated
representative(s)
unless
otherwise
specifically notified to the contrary.

22.6
Compliance with Texas Government Code
Chapter 2258 (Prevailing Wage Rates). Construction
Manager agrees to comply with the requirements set
forth in V.T.C.A., Government Code 2258 et. seq., and
to require all subcontractors to utilize the current U.S.
Department of Labor Davis-Bacon wage rates for Hays
County when paying any non-salaried employee on
this project. Certified payrolls will be required to be
submitted by each subcontractor with their month
payment applications and the Construction Manager
will make such reports available to the Owner for
inspection and audit. Any fines or penalties arising out
of non-compliance with the aforementioned statute will
be the responsibility of the Construction Manager.

22.12 Records. Construction Manager shall comply


with the following requirements:
22.12.1 Construction Manager shall maintain all of its
records relating to the Contract Documents, including
but not limited to all subcontracts and purchase orders
and all of its Applications for Payment and supporting
documentation required under the
Contract
Documents, for a period of not less than four (4) years
following completion or termination of the Agreement.
22.12.2 Within four (4) years following completion or
termination of the Agreement, Construction Manager
agrees to provide access (at reasonable times and place
during normal business hours) to Owner or such other
persons as authorized or directed by Owner to all
books, documents and records required hereunder to be
retained by the Contractor relating to this Agreement
and to cooperate and assist during any internal
compliance review, investigation, monitoring protocol
and/or audit of Owner.

22.7
Captions. The captions of paragraphs in this
Agreement are for convenience only and shall not be
considered or referred to in resolving questions of
interpretation or construction.
22.8
Governing Law and Venue. This Agreement
and all of the rights and obligations of the parties and
all of the terms and conditions shall be construed,
interpreted and applied in accordance with and
governed by and enforced under the laws of the State
of Texas without reference to its conflicts of law
provisions. The Owner where the Project is located
shall be the sole place of venue for any legal action
arising from or related to this Agreement or the Project
in which the Owner is a party.

22.12.3 Construction Manager is obliged to notify


Owner of any violation of any applicable law or
regulation immediately after Construction Manager, its
employees, or agents become aware of it. Such
notification can be given through any of the following
methods by contacting the person indicated in the
Notice Section of this Agreement or by contacting
Owners Designated Representative.

22.9
Waivers. No delay or omission by either party
in exercising any right or power arising from noncompliance or failure of performance by the other
party with any of the provisions of this Agreement
shall impair or constitute a waiver of any such right or
power. A waiver by either party of any covenant or

22.13 Notices. All notices, consents, approvals,


demands, requests or other communications relied on
by the parties shall be in writing. Written notice shall
190

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
interest, directly or indirectly, in the transaction that is
the subject of this Agreement.

be deemed to have been given when delivered in


person to the designated representative of the
Construction Manager or Owner for whom it is
intended; or sent by U.S. Mail to the last known
business address of the designated representative. Mail
notices are deemed effective upon receipt or on the
third business day after the date of mailing, whichever
is sooner.

22.17 Construction Manager recognizes that it is


engaged as an independent contractor and
acknowledges that Owner will have no responsibility
to provide transportation, insurance or other fringe
benefits normally associated with employee status.
Construction Manager, in accordance with its status as
an independent contractor, covenants and agrees that it
shall conduct itself consistent with such status, that it
will neither hold itself out as nor claim to be an officer,
partner, employee or agent of Owner by reason hereof,
and that it will not by reason hereof make any claim,
demand or application to or for any right or privilege
applicable to an officer, partner, employee or agent of
Owner, including, but not limited to, unemployment
insurance benefits, social security coverage or
retirement benefits. Construction Manager hereby
agrees to make its own arrangements for any of such
benefits as it may desire and agrees that it is
responsible for all income taxes required by applicable
law.

22.14 Severability. Should any term or provision of


this Agreement be held invalid or unenforceable in any
respect, the remaining terms and provisions shall not
be affected and this Agreement shall be construed as if
the invalid or unenforceable term or provision had
never been included.
22.15 Illegal Dumping. The Construction Manager
shall ensure that it and all of its Subcontractors and
assigns prevent illegal dumping of litter in accordance
with Title 5, Texas Health and Safety Code, Chapter
365.
22.16 By signature hereon, Construction Manager
certifies that no member of Owner, or its Executive
Officers, Directors or senior staff, has a financial

191

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS

Article 23
COMPENSATION
23.1
The Construction Cost Limitation (CCL) for the project is $
.00. The total compensation
payable to the Construction Manager at Risk for all services, materials, labor and other work provided for the
Project, including the Pre-Construction Services Fee, the Construction Services Fee and the Cost of the Work
cannot exceed the Construction Cost Limitation.
23.2
FOR PART I PRE-CONSTRUCTION PHASE (BASIC) SERVICES, Owner shall pay the Construction
Manager at Risk a Pre-Construction Services Fee as follows:
Part I Pre-Construction Services Fees
Pre-Construction Services Phase Fee:
$
.00
Part I Pre-Construction Services Subtotal:
$
.00
If the scope of the Project or description of the Pre-Construction Services is changed materially, the compensation
for Pre-Construction Services shall be equitably adjusted.
23.3
FOR PART II BASIC CONSTRUCTION SERVICES Owner shall pay Construction Manager at Risk a
Construction Services Fixed Fee as follows:
Part II Construction Services
Construction Manager at Risk Construction Phase Fee:
Construction Manager at Risk Over Time Fee:
Construction Manager at Risk General Conditions:
Construction Manager at Risk General Conditions (Over
Time):
Cost of Work
Part II Construction Services Subtotal:

.00
$0.00
$
.00
$0.00

.00

$
.00

23.4SUMMARY OF COMPENSATION
Part I Pre-Construction Services
Part II Construction Services (less Construction
Contingency Allowance)

$
$

.00
.
00

Construction Contingency Allowance (3%)

.00

Construction Cost Limitation

$
.00

OTHER TERMS AND CONDITIONS


Price Proposal specified in such Notice to Proceed, (ii)
the issuance of a purchase order by Construction
Manager at Risk for materials or equipment for the
Project after prior written authorization by Owner, or

23.5
TIME OF COMPLETION. The Construction
Phase shall be deemed to commence upon the earlier of
(i) the date specified in a Notice to Proceed issued by
Owner after approval of the Guaranteed Maximum

192

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
Administration in that given month.

(iii) award of a Subcontract in accordance with the


requirements of this Contract after prior written
authorization by Owner. The Construction Manager at
Risk shall substantially complete the Project within
two hundred and thirty-three (233) Calendar Days of
the Owners Notice to Proceed for the Work. This
Substantial Completion Date for the Project is subject
to adjustment by time extensions granted by Change
Order. The time set forth for completion of the work is
an essential element of the Contract. In computing
change order requests for delays due to inclement
weather (precipitation delays) contractor shall include
in his schedule the precipitation shown in the 30-year
statistical record of the National Oceanic and
Atmospheric Administration (NOAA) for the Hays
County area. If during construction Contractor claims
a weather delay, he must demonstrate to owner that his
critical construction activities have been impacted by
precipitation over and above the average values
recorded by the National Oceanic and Atmospheric
23.7

23.6
LIQUIDATED DAMAGES.
For
each
consecutive calendar day after the date of Substantial
Completion set forth in Section 23.5 that the Work or
any Work Package is not substantially completed, the
Owner may deduct the amount of One Thousand
Dollars and Zero Cents, $1000.00, from any money
due or that becomes due the Construction Manager, not
as a penalty but as liquidated damages representing the
parties' estimate as of the Effective Date and cost of the
damages that the Owner will sustain for late
completion.
23.7
The parties stipulate and agree that calculating
Owners actual damages for late completion of the
Project or any Work Package would be impractical,
unduly burdensome, and cause unnecessary delay and
that the amount of daily liquidated damages set forth is
reasonable.

NOTICES. Notices required by this Agreement shall be sent to the following persons at the
indicated locations. A party shall not change the person or the address for notices without prior
written approval of the other part
If to Owner:
Mark Kennedy, General Council
111 E. San Antonio St., Ste. 202, San
Marcos, TX 78666

If to Construction Manager at Risk:

With copy to:

With copy to:

193

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS
23.8
EXHIBITS. The following exhibits are incorporated by reference as part of this Agreement and
the Contract:
Exhibit A
Personnel Titles and Roles (to be provided by Contractor)
Exhibit B
Allowable General Conditions
Exhibit C
Guaranteed Maximum Price Submission Form (to be provided by
Owners representative)
Exhibit D
Sub-consultants and Subcontractors List (to be provided by Contractor at
buyout)
Exhibit E
Project Overall Schedule (to be provided by Contractor at Notice to
Proceed)
Exhibit F
Payment and Performance Bonds
Exhibit G
Hays County Prevailing Wage Rates
Exhibit I
RFP 2016-P09 Proposal by Contractor (Herein referred to Proposal)
23.9
Upon execution below, the Owner authorizes the Contractor to perform Part I Pre-Construction
Services only, for the sum of $
.00. Further authorization of services shall occur after
execution of Guaranteed Maximum Price Proposal satisfactory to the Owner per this Contract.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first
above written.
Hays County, Texas

Construction Manager at Risk

By:

By:

Mark Kennedy, General Council


Hays County

194

AGREEMENT
BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS AND
CONSTRUCTION MANAGER AT RISK
FOR
JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS

195

Page 30 of 30

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with
counsel and deliberation regarding the position of Hays County Elections Administrator. Possible action may follow.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

EXECUTIVE SESSION

May 24, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Cobb

COBB

N/A

SUMMARY

Summary to be provided in executive session.


27B583196

196

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with
counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct
1. Possible action to follow in open court.
ITEM TYPE

MEETING DATE

EXECUTIVE SESSION

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kennedy

INGALSBE

N/A

SUMMARY

Summary to be provided in Executive Session.


25B170398

197

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with
counsel and deliberation regarding economic development negotiations associated with Project Texas. Possible
action may follow in open court.
ITEM TYPE

MEETING DATE

EXECUTIVE SESSION

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Cobb

COBB

N/A

SUMMARY

Summary to be provided in Executive Session.


25B170398

198

AGENDA ITEM REQUEST FORM


Hays County Commissioners Court
Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with
counsel and deliberation regarding the purchase, exchange, or value of real property including the marketing and
potential sale or lease of County owned properties. Possible action may follow in open court.
ITEM TYPE

MEETING DATE

EXECUTIVE SESSION

May 24, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

REQUESTED BY

SUMMARY

199

N/A

SPONSOR

CO-SPONSOR

COBB

N/A

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