Professional Documents
Culture Documents
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
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.
3
4
8
9-14
15-36
37-41
42-54
55
56-77
10
78-125
11
126
12
127
13
128-148
ACTION ITEMS
ROADS
14
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
16
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.
22
196
23
197
24
198
25
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
26
27
28
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
______________________________________________
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
N/A
N/A
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
COBB
N/A
SUMMARY
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
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
ITEM TYPE
MEETING DATE
AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS
N/A
N/A
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
COBB
N/A
SUMMARY
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
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
ITEM TYPE
MEETING DATE
CONSENT
AMOUNT REQUIRED
AUDITOR COMMENTS:
N/A
AUDITOR APPROVAL:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Auditors Office
HERZOG
N/A
SUMMARY
AGENDA ITEM
ITEM TYPE
MEETING DATE
CONSENT
AMOUNT REQUIRED
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Gonzalez
COBB
N/A
SUMMARY
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VOLUME V PG 851
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*
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
31533
31534
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
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
10
VOLUME V PG 852
31537
*****
*****
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
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
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
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
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,
11
*****
*****
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
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
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
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
12
VOLUME V PG 854
*****
*****
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
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
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
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
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
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*****
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.
14
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
$98,500
020-710-00.5448_008
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
ITEM TYPE
MEETING DATE
CONSENT
AMOUNT REQUIRED
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
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41
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
$133,572.00
N/A
AUDITOR REVIEW:
BILL HERZOG
REQUESTED BY
SPONSOR
CO-SPONSOR
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
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
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
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
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
48
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.
50
EXHIBIT C
WORK SCHEDULE
RPS KLOTZ ASSOCIATES, INC.
HAYS COUNTY, TEXAS
FM 1626: FM 2770 to FM 967
WORK AUTHORIZATION #6-4
22 Months
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
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
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
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
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
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
$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
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
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
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
$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
$116,373.00
$116,373.00
$116,373.00
54
PAGE 3 OF 3
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
N/A
001-612-99-083]
N/A
AUDITOR REVIEW:
BILL HERZOG
REQUESTED BY
SPONSOR
CO-SPONSOR
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
55
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
TBD
N/A
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
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
$31,650
106-610-00.5548
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
Confidential
83
Activity
Description
Document Scanning
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
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
DataBank IMX
Confidential
84
Activity
Description
DataBank IMX
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
Per Image
$0.074
310,000
$22,940.00
Image
Estimate
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
Per Hour
$21.00
24
$504.00
Boxes
Per Box
$2.75
130
$357.50
Boxes
Delivery Media
51
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
Per mile
$0.55
400
$220.00
Roundtrip
Output File
Formating
75
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.
DataBank IMX
Confidential
86
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
Company Name
Company Name
By (Signature)
By (Signature)
Dated
Dated
DataBank IMX
Confidential
87
CORPORATE OFFICE
Sales Department
PO Box 2235 Tallahassee, Florida 32316
(800) 342-2633 FAX (850) 564-7496
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
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:
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:
Image Output
Media:
Output & Content:
Media Cost:
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:
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:
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:
Image Output
Media:
Output & Content:
Media Cost:
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:
$12,948
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
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
Color Scanning
Regular Size
Large Format
$1.00 per image in addition to scanning rate for large format images
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
91
Total
Indexes
Price per
index
< 500
$0.35
< 1,000
$0.33
< 10,000
$0.19
< 25,000
$0.16
< 50,000
$0.13
< 100,000
$0.12
> 100,001
$0.10
Electronic media
DVD/CD, Per Set
Pick Up and Delivery
Burning Rate
$60.00
Rate
Minimum
$15.00
$75.00
$15.00
$75.00
92
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.
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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
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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:
Date:
By:
_______________________________________________
(Signature)
_______________________________________________
(Printed Name & Title)
HAYS COUNTY, TX
Date:
_____________________________________________
By:
______________________________________________
(Signature)
______________________________________________
(Printed Name & Title)
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96
Submitting Party:
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Table of Contents:
1.0
Proposal
Executive Summary
Company Overview
1.1
1.2
Understanding HAYS COUNTY GOVERNMENT CENTER and the Imaging Project Requirements
1.3
1.4
Deliverables
1.5
Costs
1.6
1.7
Estimated Schedule
Relevant References
Customer Stories
Jackson County
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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 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
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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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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.
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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
K. Suriyakumar
Thomas J. Formolo
Manuel J. Perez de la Mesa
Eriberto R. Scocimara
Mark W. Mealy
Dewitt Kerry McCluggage
James F. McNulty
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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Main Office: 1220 W. Cambridge Circle Dr, Kansas HCGC, KS 66103 Ph: 816-300-6600
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.
Main Office: 1304 Langham Creek Suite #324, Houston, TX 77084 Ph: 713-830-3958
For the purposes of this proposal document, the main authorized contact at ARC will be as follows:
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Current Situation
The media to be digitized under this contract consists:
Applications
Issued Permits
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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
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Some examples of recent imaging projects we have completed within the past few years include the following:
Off-site Solutions:
On-site Solutions:
Multiple Locations:
Off-site Solution:
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
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.
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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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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**
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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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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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.
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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.
_______________________________
_____________________________
Authorized Signature
______________________________________
____________________________________
Printed Name:
Date
______________________________________
Brian Loeb____________________
Title:
ARC Representative
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Relevant References
Reference # 1:
Customer:
Type of contract:
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113
Reference # 2:
Jackson County
Customer:
Jackson County
Type of contract:
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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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Submitted by:
Contego
2112 Rutland Dr., Suite 141
Austin, TX 78758
Phone: 1-888-455-8551
Email: hunterb@contegoim.com
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April 28 , 2016
Table of Contents
Page
1
117
April 28 , 2016
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.
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April 28 , 2016
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:
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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.
Duplex scanning is performed and all blank sheets are dropped out
Poor quality documents will be identified and enhanced for better quality.
A Contego Document Specialist checks off the items on the pre-scan checklist
and initials that all settings are correct
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
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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April 28 , 2016
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.
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:
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
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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April 28 , 2016
ACCEPT
QC Doc
Preparation
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
for
Hays County
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Images are
burned to
external
media
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.
Contego has integrated Security Policies in and around our core services and
operations.
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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
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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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
N/A
N/A
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
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
$5,582.10
001-645-00.5399
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
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
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
N/A
N/A
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
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
AMOUNT REQUIRED
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
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
AMOUNT REQUIRED
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
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
N/A
N/A
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
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
Discussion and possible action to approve the appointment of Clint Browning as Hays County Fire Marshal.
ITEM TYPE
MEETING DATE
ACTION-MISCELLANEOUS
AMOUNT REQUIRED
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Kharley Smith
COBB
N/A
SUMMARY
154
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
$8,089.00
101-617-10]
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
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
$6,000
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
158
Page 2 of 2
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:
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
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
AMOUNT REQUIRED
N/A
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Kennedy
COBB
N/A
SUMMARY
See backup.
26B
161
162
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
TBD
N/A
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
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.
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.
3.10
General Conditions
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
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.
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.
4.3.3 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.
4.4 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).
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
4.7.3
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.
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.
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.
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.
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
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.
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
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.
Article 9
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.
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.
11.6
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.
11.7
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).
11.8
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
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;
Article 12
INTENTIONALLY DELETED
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
13.2
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
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;
13.8 CONSTRUCTION
ALLOWANCE
CONTINGENCY
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.
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.
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.
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.
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
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.
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.
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.
17.5
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
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.
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.
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.
$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.
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.
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.
22.7
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.
22.9
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
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.
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
.00
$
.00
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.
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
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
By:
By:
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
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
N/A
N/A
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Cobb
COBB
N/A
SUMMARY
196
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
AMOUNT REQUIRED
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Kennedy
INGALSBE
N/A
SUMMARY
197
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
AMOUNT REQUIRED
N/A
AUDITOR REVIEW:
N/A
REQUESTED BY
SPONSOR
CO-SPONSOR
Cobb
COBB
N/A
SUMMARY
198
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
AMOUNT REQUIRED
N/A
AUDITOR REVIEW:
REQUESTED BY
SUMMARY
199
N/A
SPONSOR
CO-SPONSOR
COBB
N/A