Professional Documents
Culture Documents
4-17-18 Agenda
4-17-18 Agenda
This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE
CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 17th day of April, 2018, 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
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.
2 6 Approve payments of County invoices. VILLARREAL-ALONZO
3 7 Approve payments of Juror checks. VILLARREAL-ALONZO
4 8 Approve the payment of Humana and United Healthcare claims. VILLARREAL-ALONZO
5 9-14 Approve Commissioners Court Minutes of April 10, 2018. INGALSBE/GONZALEZ
6 15-32 Ratify the execution of the Texas Workforce Commission Information Release Contract. COBB
Authorize the Sheriff’s Office to utilize savings to purchase three replacement ticket writers and
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amend the budget accordingly. INGALSBE/CUTLER
8 35-45 Approve the January and February 2018 Treasurer's and Investment Reports. COBB/TUTTLE
Accept the 2017 Hays County Emergency Services District #6 Audit Report per Texas Health and
9 46-77
Safety Code 775.082. WHISENANT/VILLARREAL-ALONZO
Accept the 2017 North Hays County Emergency Services District #1 Audit Report per Texas
10 78-109
Health and Safety Code 775.082. WHISENANT/VILLARREAL-ALONZO
Approve the transfer of 1 vehicle from the Hays County Parks Department to the Hays County
11 110
Office of Emergency Services. SHELL/GARZA
Approve the selection of Doucet & Associates to provide schematic, environmental documentation
and Plans, Specifications & Estimates (PS&E) services for the Darden Hill Road Widening and
12 111
Turn Lanes project from FM 1826 to Sawyer Ranch Road; and to authorize staff and counsel to
negotiate a contract. WHISENANT/BORCHERDING
Authorize payment to Beckwith Electronics Systems, LLC for repairs to courtroom equipment in
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which no purchase order was obtained as required per County Purchasing Policy. COBB/GARZA
Approve out of state travel for Corporal Nelson Wray to attend the Mobile Device Examiner
14 116-117
Course in Hoover, Alabama. INGALSBE/CUTLER
Approve an increase of $150 in the change fund for the Tax Assessor-Collector Office as
15 118 recommended by the County Auditor per Texas Government Code 130.902 (d).
INGALSBE/VILLARREAL-ALONZO
Approve out of state travel for Justin McInnis to attend the National Security and Public Safety
16 119 Summit - Esri User Conference in San Diego, CA on July 7-10, 2018 and amend the budget
accordingly. INGALSBE/SMITH
Amend the Transportation Department's operating budget for contributions received from the Hays
17 120 Consolidated Independent School District (HCISD) for expenditures related to the Old San Antonio
Road & High Road projects. COBB/BORCHERDING
Amend the Office of Emergency Services operating budget related to the purchase of a Surface
18 121
Pro i5 Tablet. COBB/SMITH
Ratify a Permanent Utility Easement Agreement between Carson Haysco Holdings, LP and Hays
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County. INGALSBE/KENNEDY
ACTION ITEMS
ROADS
Discussion and possible action to authorize the execution of Change Order #2 with Bowman
20 131-138 Consulting for additional work on the FM 150 Center Turn Lane project.
INGALSBE/BORCHERDING
Discussion and possible action to authorize the execution of a Professional Service Agreement
(PSA) with Doucet & Associates, Inc. regarding road and drainage improvements at the
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intersection of Old San Antonio Road and Manchaca Springs Road in Precinct 2.
JONES/BORCHERDING/KENNEDY
Discussion and possible action to accept Subdivision Improvements Performance Bond
22 176-184 No.800016443 for street and drainage improvements for Belterra Subdivision Section 21-2 in the
amount of $962,823.75. WHISENANT/BORCHERDING
SUBDIVISIONS
SUB-973; Call for a public hearing on May 1st, 2018 to discuss final plat approval of the Replat of
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Lot 108, Rolling Oaks Section 4. SHELL/STRICKLAND
SUB-962; El Dorado Subdivision (12 Lots). Discussion and possible action to approve preliminary
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plan. JONES/STRICKAND
MISCELLANEOUS
Discussion and possible action to execute an amended and restated Hays County Property Use
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Policy and Application, effective immediately. COBB/KENNEDY
Discussion and possible action to authorize payment to the City of San Marcos for the Impact
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Fees for the Hays County Public Safety Bond Program. INGALSBE/SHELL/GARZA
Discussion and possible action to authorize the execution of a Professional Services Agreement
27 224-238 (PSA) with Halff and Associates for advancements to the Hays County Flood Warning System.
COBB/INGALSBE/SMITH
Discussion and possible action to authorize the execution of a Professional Services Agreement
28 239-268 (PSA) with Water and Earth Technologies for the installation of five low water crossing
gages/warning systems throughout Hays County. COBB/INGALSBE/SMITH
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.
Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code:
29 269 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
Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public
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safety facilities needs within the County. Possible action may follow. INGALSBE/CUTLER
Discussion and possible action related to the burn ban and/or disaster declaration.
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INGALSBE/SMITH/BROWNING
Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime
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Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. INGALSBE
ADJOURNMENT
Posted by 5:00 o'clock P.M. on the 13th day of April, 2018
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CLERK OF THE COURT
Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who
plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays County
Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be
made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request
regardless of when it is received. Braille is not available.
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Adopt a Proclamation declaring April 21-28, 2018 as National Infant Immunization Week.
SUMMARY
Please refer to attached Proclamation.
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PROCLAMATION DECLARING THE WEEK OF APRIL 21-28, 2018 AS
NATIONAL INFANT IMMUNIZATION WEEK
STATE OF TEXAS §
§
COUNTY OF HAYS §
Whereas, giving babies the recommended immunizations by age two is the best way to protect them from 14 serious childhood
diseases; and
Whereas, currently, the United States has the safest, most effective vaccine supply in its history; and
Whereas, vaccine-preventable diseases still circulate in the United States and around the world, so continued vaccination is
necessary to protect everyone from potential outbreaks. Even when diseases are rare in the U.S., they can be brought into the
country, putting unvaccinated children at risk; and
Whereas, despite the growing trend of parents wanting to opt-out from vaccinating their children, most parents do vaccinate
theirs, resulting in high vaccine coverage rates in the U.S.; and
Whereas, when people are unvaccinated, outbreaks of diseases like pertussis (whooping cough) and mumps can, and do occur;
and
Whereas, it is important to vaccinate children on time, according to the childhood immunization schedule to provide the best
protection early in life, when babies are vulnerable and before they are likely to be exposed to diseases; and
Whereas, for 24 years, National Infant Immunization Week has encouraged parents, caregivers, and health care professionals to
participate in educational, recognition, and media events to increase the awareness of the importance of immunizing children
before their second birthday; and
Whereas, this year, National Infant Immunization Week will be celebrated as part of World Immunization Week, an initiative of
the World Health Organization (WHO) and all six WHO regions, including more than 180 Member States, territories, and areas
will simultaneously promote immunization, advance equity in the use of vaccines, and universal access to vaccination services,
and enable cooperation on cross-border immunization activities in April 2018; and
Whereas, the week of April 21-28, 2018, has been declared National Infant Immunization Week to help ensure that children are
protected against 14 vaccine-preventable diseases by the age of two;
NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby proclaim April 21–
April 28, 2018 as:
NATIONAL INFANT IMMUNIZATION WEEK
In Hays County and encourages parents to make vaccinating their children a priority and to talk to family and friends about
protecting their children with vaccines. We also encourage businesses, government agencies, community-based organizations and
service groups to spread the immunization message throughout their communities.
Bert Cobb
Hays County Judge
______________________________ ______________________________
Debbie Gonzales Ingalsbe Mark Jones
Commissioner, Pct. 1 Commissioner, Pct. 2
______________________________ ______________________________
Lon A. Shell Ray Whisenant
Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
_________________________
Liz Q. Gonzalez
Hays County Clerk
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve payment of County invoices.
SUMMARY
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve payment of Juror checks.
SUMMARY
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve the payment of Humana and United Healthcare claims.
SUMMARY
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve Commissioner Court Minutes of April 10, 2018.
SUMMARY
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HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
STATE OF TEXAS *
COUNTY OF HAYS *
ON THIS THE 10TH DAY OF APRIL A.D., 2018, THE COMMISSIONERS' COURT OF HAYS
COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT,
TO-WIT:
DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1
MARK JONES COMMISSIONER, PCT. 2
LON A. SHELL COMMISSIONER, PCT. 3
RAY O. WHISENANT JR. COMMISSIONER, PCT. 4
LIZ Q. GONZALEZ COUNTY CLERK
WITH COUNTY JUDGE, ALBERT H. COBB, JR., BEING ABSENT AND THE FOLLOWING
PROCEEDINGS WERE HAD, THAT IS:
Nahum Melendez gave the invocation. Commissioner Ingalsbe led the court in the Pledge of Allegiance to the
United States and Texas flags. Commissioner Ingalsbe called the meeting to order.
PUBLIC COMMENTS
Clerk’s Note Agenda Item #2 RE: APPROVE PAYMENTS OF JUROR CHECKS – was pulled
A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve the
payment of the April 15, 2018 payroll disbursements in an amount not to exceed $2,655,000.00 effective
April 13, 2018 and post totals for wages, withholdings, deductions and benefits on the Hays County
website once finalized. All present voting “Aye”. MOTION PASSED
Paola McKee is proposing an OSSF to serve the McKee Tipi Campground located at 500 Vista West Ranch
Road. This system will serve a bath house that will be used by customers renting 10 tipis. This 10.907-acre
tract of land will be served by a private water well. The system designer, Kyle DeHart, R.S., has designed a
standard treatment system using flow equalization. After treatment, the effluent will be dispersed via low-
pressure pipe for a maximum daily rate of 200 gallons. A motion was made by Commissioner Whisenant,
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HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
seconded by Commissioner Jones to authorize Commercial OSSF Permit at 500 Vista West Ranch
Road, Dripping Springs, Texas 78620. All present voting “Aye”. MOTION PASSED
General Counsel, Mark Kennedy spoke of post modification. A motion was made by Commissioner
Whisenant, seconded by Commissioner Jones to approve Specifications for IFB 2018-B06 Auxiliary
Spillway Repairs and authorize Purchasing to solicit for bids and advertise. All present voting “Aye”.
MOTION PASSED
A motion was made by Commissioner Shell, seconded by Commissioner Whisenant to approve the
October – December 2017 Treasurer’s and Investment Reports. All present voting “Aye”. MOTION
PASSED
The Hays County Community Emergency Response Team (CERT) is activated by Public Safety departments
throughout the county to respond to emergency scenes and assist in supporting the first responders working the
incident. Multiple responses trailers are staged throughout the county for easy deployment. These trailers house
supplies for first responders such as bottled water, protein and granola bars, ice packs and cooling stations, and
minor medical supplies. The quick deployment of these assets is imperative to the success of the event. No
budget request is needed; operating funds will be utilized. A motion was made by Commissioner Shell,
seconded by Commissioner Whisenant to authorize the Office of Emergency Services to purchase and
maintain a stock of Aid and Relief Supplies for use of First Responders during emergency incidents. All
present voting “Aye”. MOTION PASSED
On February 6, 2018 the Commissioners Court authorized the submission of a grant application with the
Department of State Health Services, Public Health Emergency Preparedness program. The Contract
Amendment reflects a continuation to the current PHEP grant contract. This program will provide support for the
salary and benefits for the Emergency Preparedness Coordinator and a portion of an epidemiologist's salary.
The grant requirements include a 10% match which will be met through contributions from the health
department operating funds. Funding is in the amount of $122,790 and the grant term is July 1, 2018 - June 30,
2019. The contract will be signed electronically. A motion was made by Commissioner Shell, seconded by
Commissioner Whisenant to authorize the execution of Amendment Number 01 with the Texas
Department of State Health Services (DSHS) Public Health Emergency Preparedness (PHEP) Program.
All present voting “Aye”. MOTION PASSED
Rodrigo Amaya, San Marcos resident, Vickie Dorsett, Assistant County Auditor, David Peterson, Constable Pct.
1 spoke. The Constable has two new hires filling vacant slots that require a fitted Bullet Proof Vests for officer
safety. Bullet Proof Vests are fitted per specific measurements of the officer, therefore, previous employee's
vests are not usable. Funds have been identified in the Constable's operating budget and will be moved to the
Department of Justice (DOJ) grant cost center which may provide 50% of the cost for the vests. Budget
Amendment: Increase DOJ Grant 001-618-99-001.5717_400 - $947 Decrease Constable 1 - 001-635-
00.5717_400 - ($947). A motion was made by Commissioner Shell, seconded by Commissioner
Whisenant to authorize the Constable Precinct 1 Office to purchase two (2) Bullet Proof Vests for Deputy
Constables and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
***** *****
General Counsel, Mark Kennedy spoke of address change for SI. Rodrigo Amaya, San Marcos resident spoke.
Purchasing received 2 bids from B.A. Marbach Plumbing Services, Inc. and SI Mechanical, LLC. Staff
recommends award of a contract to the lowest bidder SI Mechanical, LLC. Attachment: Bid Tabulation Funds
were budgeted ($175k) during the FY18 budget process for this project in County Wide Operations. Due to the
complexity of this job, additional funds are required. Savings within the County Wide Operations capital
improvements budget is available to fund the additional costs. Budget Amendment: Increase Building
Maintenance Misc. Capital Improvements 001-695-00.5741 Decrease County Wide Operations Misc. Capital
Improvements 001-712-00.5741. A motion was made by Commissioner Shell, seconded by
Commissioner Whisenant to approval to award IFB 2018-B04 Water Treatment System to SI Mechanical,
LLC; authorize the execution of contract documents and amend the budget accordingly. All present
voting “Aye”. MOTION PASSED
The Election's Office secured Hart Intercivic for professional services during the May 2017 election in which no
purchase order was obtained per County Purchasing Policy. Funds are budgeted in the Elections operating
budget for this expense. A motion was made by Commissioner Whisenant, seconded by Commissioner
Shell to authorize payment to Hart Intercivic for the Election's Office related to previous election
expenses in which no purchase order was issued as required per County Purchasing Policy. All
present voting “Aye”. MOTION PASSED
This is a grant that the County has been receiving for a number of years to recover some jail operations
expenses associated with incarceration of undocumented criminal aliens. The FY2016 amount received was
$41,386.00 and the FY2017 award will be determined based on the inmate data submitted with the application.
The application is submitted electronically and is due on or before March 13, 2018. A motion was made by
Commissioner Whisenant, seconded by Commissioner Shell to authorize the submission of a grant
application to the U.S. Department of Justice, Bureau of Justice Assistance for the FY2017 funding
under the State Criminal Alien Assistance Program (SCAAP). All present voting “Aye”. MOTION
PASSED
The Sheriff's Office is requesting approval to send Detective Herman Adair to attend an Auto Theft Course in
Harvey, LA. Detective Adair will receive training in heavy equipment, motorcycles, ATV's, trailers, boats and
watercrafts. The training is being funded by the Sheriff's Combined Auto Theft Task Force and will be free of
charge to the agency and investigator. A motion was made by Commissioner Whisenant, seconded by
Commissioner Shell to authorize out of state travel for Detective Herman Adair to attend a Free Auto
Theft Course in Harvey, LA. All present voting “Aye”. MOTION PASSED
This Work Authorization will be effective Oct.2, 2017 in order to catch some work that PSI already performed for
the Transportation Dept. WA#2 divides the responsibility for projects between PSI and Hays County agents, with
Bond funded projects being managed by PSI. A motion was made by Commissioner Whisenant, seconded
by Commissioner Shell to authorize the execution of Work Authorization #2 related to an Agreement
between Hays County and Prime Strategies, Inc. related to Engineering Management Services and
amend the budget accordingly. All present voting “Aye”. MOTION PASSED
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HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
Hays County District Attorney, Wes Mau spoke. The District Attorney is requesting the Courts authorization to
hire two temporary full-time Admin II positions, effective May 1st and ending September 30th to be funded with
Drug Forfeiture funds received. These temporary full-time positions are needed to assist the Intake and Civil
Division with evidence management and other duties. The Intake Division currently has a 5 month backlog of
cases that are in need of processing. The increased case load is due to law enforcement agencies adding a
combined total of 16 new officers and almost every officer in each agency utilizes a body warn camera that is
then uploaded into Evidence.com. The increased evidence collected has become burdensome to the Intake
Division and in order to ensure each case has all of the evidence available to collect, additional manpower is
needed. The Civil Division Admin will be responsible for gathering all of the evidence needed immediately from
Quetel, Evidence.com, COBAN, Odyssey, CIS and Video Oversight as the CPS cases come in. This evidence
will also be shared with the Intake Division to help streamline their intake duties. In addition the new admin will
be responsible for organizing all open record request deadlines, communicate with the District Clerk's Office
when filing emergency cases, and answering phone calls when attorney-paralegal teams are in court or
prepping for trial. Additionally, equipment needed for the temporary staff to function will be purchased and
utilized for intern positions as needed. Funds are available within the DA Drug Forfeiture fund to process this
request. Budget Amendment: Increase Revenue for Forfeiture Proceeds - ($30,205) Increase Staff Salaries -
$23,478 Increase FICA - $1,456 Increase Medicare - $341 Increase 5712_400 - $3,268 Increase 5202 - $882
Increase 5429 - $780. A motion was made by Commissioner Whisenant, seconded by Commissioner
Shell to authorize the District Attorney to use Drug Forfeiture Funds to hire two (2) Temporary Full-Time
Administrative Assistant II Positions effective May 1, 2018 through September 30, 2018 and amend the
budget accordingly. All present voting “Aye”. MOTION PASSED
Commissioner Ingalsbe opened the public hearing. Public Comments - Lee McCormick, Lone Star PACE,
Roger Bordon, David Parker, Dan Lyon, Tim Crocket, Cliff Kellogg, Jonathan Blackburn, George Hittner, William
(Dub) Taylor, Charlene Heydinger, David Matiella, Vince Drieling, Joe Edgar, Steve Brown, Michael
Kamalander, and Peter Aguirre, spoke. Commissioner Ingalsbe closed the public hearing. Hays County
established a PACE program in January 2017. PACE is an innovative way to finance energy efficiency, water
efficiency, and renewable energy upgrades for commercial, industrial, and large multifamily (five or more
dwelling units) real property. Property owners who participate in the program repay the financings through a
voluntary contractual assessment collected together with their property taxes. One of the most notable
characteristics of PACE programs is that the financing is attached to the property rather than belonging to an
individual. Therefore, when the owner sells the property, the financing may be paid off during the sale, or stay
with the property and be transferred to the new owner, who also benefits from the upgrades that were
completed. PACE financing enables businesses to align the costs of energy and water efficiency improvements
with the utility savings provided by the improvements. PACE financings are paid over a long period of time while
energy costs are simultaneously lower, which typically provides the property owner with immediate net savings.
PACE overcomes challenges that have hindered adoption of energy and water efficiency for many property
owners. Participation in this program is voluntary and offers property owners a cost-effective means of making
energy and water efficiency improvements to their property. Property owners repay the financing over a period
of years reflecting the useful life of the improvements. Currently Hays County has one PACE administrator. The
proposed amended Resolution and Program Report allows additional PACE administrators to accept
applications from owners of property within the County’s territory for financing of qualified improvements. It also
authorizes additional administrators to conduct assessment proceedings to levy assessments against the
property of participating owners within the territory of the County. Court took no action.
David Parker, Charlene Heydinger, Dan Lyon, Vince Drieling, Joe Edgar, Mike Kamalander, and Peter Aguirre,
spoke. The amended PACE Resolution and Program Report allow for additional PACE administrators. Lone
Star PACE has expressed interest in participating in Hays County PACE projects. In order for Lone Star PACE
to have the authority to provide PACE financing in the County, it is necessary for the County to execute the
Professional Services Agreement. The Professional Services Agreement provides that Lone Star PACE is an
authorized representative and program administrator, separate and apart from the County executing such
agreement. There are no costs to the County associated with participation in the Hays County PACE Program.
Court took no action.
Clerk’s Note Agenda Item #20 RE: 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 –
was pulled
13
HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
Clerk’s Note Agenda Item #21 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL,
AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE
COUNTY – was pulled
Today’s KDBI – 137. Per Hays County Fire Marshal Burn Ban will remain lifted.
Clerk’s Note Agenda Item #23 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
ADJOURNMENT
Court adjourned at 10:56 a.m.
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Ratify the execution of the Texas Workforce Commission Information Release Contract.
COBB N/A
SUMMARY
See attached material. The contract term is from March 1, 2018 until February 28, 2019. The total amount of this
Contract will not exceed the sum of $1,500 which covers up to and including 10 online users. Funds are budgeted
in the Sheriff Drug Forfeiture Fund.
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Authorize the Sheriff’s Office to utilize savings to purchase three replacement ticket writers and amend the budget
accordingly.
SUMMARY
At this time the Sheriff’s Office, with IT’s recommendation, is requesting approval to replace three out of warranty
ticket writers. The out of warranty ticket writers have current licenses that will be transferred to the new devices.
The purchase also includes a replacement printer and wall charger. The Sheriff's Office is requesting an exemption
from the County purchasing policy requiring three quotes for the replacement ticket writers and component parts.
The total cost for replacements is $6,858; funds have been identified in the Sheriff’s Office Law Enforcement
Equipment g/l.
Budget amendment
Decrease 001-618-00.5717_400 Law Enforcement Equipment ($129.00)
Increase 001-618-00.5202 Data Processing Supplies $129.00
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Quoted By: James Mulvey
Quote Expiration: 9/17/2018
Quote Name: Hays County - 3 Replacement TC-70X - BZ
Quote Number: 2018-46758
Quote Description:
Sales Quotation For
Hays County Information Technology
ATTN: Marva Pearce 712 South Stagecoach Trail, Ste. 1206
San Marcos , TX 78666-5534
Phone: +1 (512) 393-2204
Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held
for Six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
2018-46758 - CONFIDENTIAL 1 of 2
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve the January and February 2018 Treasurer's and Investment Reports.
SUMMARY
Approve the January and February 2018 Treasurer's Reports and Investment Reports
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Accept the 2017 Hays County Emergency Services District #6 Audit Report per Texas Health and Safety Code
775.082.
SUMMARY
See attached Audit Report.
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Accept the 2017 North Hays County Emergency Services District #1 Audit Report per Texas Health and Safety
Code 775.082.
SUMMARY
See attached Audit Report.
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NORTH HAYS COUNTY
EMERGENCY SERVICES DISTRICT #1
79
NORTH HAYES COUNTY EMERGENCY SERVICE DISTRICT #1
Annual Financial Report
For the Year Ended September 30, 2017
Table of Contents
Schedule Page
INTRODUCTORY SECTION
Board of Directors and Management 2
FINANCIAL SECTION
Independent Auditor’s Report 3
Supplementary Information
Budgetary Comparison Schedule – Governmental Funds S-1 21
Comparative Schedule of Revenues and Expenditures S-2 22
Comparative Schedule of Expenditures-Statement of Activities S-3 23
Taxes Levied and Receivable S-4 24
Comparative Schedule of Expenditures – Statement of Activities S-5 25
COMPLIANCE
Report on Internal Control Over Financial Reporting and on compliance and Other
Matters Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards 27
Schedule of Findings, Questioned Costs and Corrective Action Plan 29
--oo0oo--
Page 1 of 31
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
BOARD MEMBERS, KEY PERSONNEL, AND CONSULTANTS
September 30, 2017
Limit on Fees of Office that a Director may receive during a fiscal year: $0
Expense
Fees of Reimburse-
Names: Office Paid * ments Title at Year End
Board Members:
Walter Krudop 0 0 President
Consultants:
Luanne Caraway Tax Collector
Stephen W.Cook, CPA, PLLC Auditor
* Fees of Office are the amounts actually paid to a director during the district's fiscal year
Page 2 of 31
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Serving the San Antonio + Austin Corridor
Board of Directors
North Hays County Emergency Services District #1
PO Box 1604
Dripping Springs, Texas 78620
I have audited the accompanying financial statements of the business type activities of the North Hays
County Emergency Services District #1 (the District) as of and for the year ended September 30,
2017, and the related notes to the financial statements, which collectively comprise the North Hays
County Emergency Service District #1’s basic financial statements as listed in the table of contents.
Auditor’s Responsibility
My responsibility is to express an opinion on these financial statements based on my audit. I
conducted my audit in accordance with auditing standards generally accepted in the United States of
America, and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Those standards require that I
plan and perform the audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures
in the financial statements. The procedures selected depend on the auditor’s judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the entity’s
preparation and fair presentation of the financial statements in order to design audit procedures that
are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the entity’s internal control. Accordingly, I express no such opinion. An audit also
includes evaluating the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluating the overall presentation
of the financial statements.
I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my
audit opinions.
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Opinions
In my opinion, the financial statements referred to above present fairly, in all material respects, the
business-type activities of the District as of September 30, 2017, and the respective changes in
financial position and, where applicable, cash flows thereof for the year then ended in accordance
with accounting principles generally accepted in the United States of America.
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America requires that the
management’s discussion and analysis, and budgetary comparison as listed in the table of contents be
presented to supplement the basic financial statements. Such information, although not a part of the
financial statements, is required by the Governmental Accounting Standards Board who considers it
to be an essential part of financial reporting for placing the financial statements in an appropriate
operational, economic, or historical context. I have applied certain limited procedures to the required
supplementary information in accordance with auditing standards generally accepted in the United
States of America, which consisted of inquiries of management about the methods of preparing the
information and comparing the information for consistency with management’s responses to my
inquiries, the financial statements, and other knowledge I obtained during my audit of the basic
financial statements. I do not express an opinion or provide any assurance on the information because
the limited procedures do not provide me with sufficient evidence to express an opinion or provide
any assurance.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
MANAGEMENT’S DISCUSSION AND ANALYSIS
September 30, 2017
The annual report consists of the Management Discussion and Analysis, the basic financial statements
plus required supplementary information to the financial statements as required. In accordance with
required reporting standards, the District reports its financial activities as a special-purpose
government. Special-purpose governments are governmental entities that engage in a single
governmental program.
The Statement of Net Position presents information on all of the District’s assets, liabilities, and
deferred inflows/outflows of resources, with the difference reported as net position. Over a period of
time, increases or decreases in net position may serve as a useful indicator of whether the financial
position of the District is improving or deteriorating. Other non-financial factors, such as the
District’s property tax base and the condition of the infrastructure, need to be considered in order to
assess the overall health of the District.
The Statement of Net Position and the Statement of Activities divide the District’s financials into two
classes of activities:
1. Governmental Activities - include the District’s tax supported service, general and
administrative services, and debt services (if any). Property taxes fund virtually all of the
District’s activities.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
MANAGEMENT’S DISCUSSION AND ANALYSIS
September 30, 2017
Governmental Funds
Governmental funds are used to account for essentially the same functions reported as governmental
activities in the government-wide financial statements. However, unlike the government-wide
financial statements, governmental fund financial statements focus on near-term inflows and outflows
of spendable resources, as well as on balances of spendable resources available at the end of the year.
Such information may be useful in evaluating the District’s near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial
statements, it is useful to compare the information presented for governmental funds with similar
information presented for governmental activities in the government-wide financial statements. By
doing so, readers may better understand the long-term impact of the government’s near-term
financing decisions. Both the governmental fund balance sheet and the governmental fund statement
of revenues, expenditures and changes in fund balances provide a reconciliation to facilitate this
comparison between governmental funds and governmental activities.
The District maintains one governmental fund. Information is presented in the governmental fund
balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund
balances for the general fund. The District adopts an annual non-appropriated budget for the general
fund. A budgetary comparison schedule has been provided to demonstrate compliance with the
budget.
Other Information
In addition to the basic financial statements, MD&A, notes to the financial statements and the
required supplementary information, the report provides additional schedules that provide additional
information on the District as a whole.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
MANAGEMENT’S DISCUSSION AND ANALYSIS
September 30, 2017
■ The assets of the District exceeded its liabilities at the close of the fiscal
year by $1,716,996
■ The District's net assets increased during the
year by $43,428
■ The District's tax revenues, including penalty and interest
collections, increased by $ 349,068
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
MANAGEMENT’S DISCUSSION AND ANALYSIS
September 30, 2017
Liabilities
Accounts payable 2,932
Total Liabilities 2,932
Net Position:
Capital assets in excess of debt 359,869 449,881
Unrestricted 1,304,789 1,171,349
Restricted 52,338 52,338
Total Net Position 1,716,996 1,673,568
Total Liabilities and Net Position $ 1,716,996 $ 1,676,500
Expenses
Service 1,065,378 903,414
Adminiitration 173,144 202,006
Tax collection expense 12,996 6,172
Depreciation 90,012 105,037
Total Expenses 1,341,530 1,216,629
Increase/(decrease) in Net Position 43,428 (180,925)
Net Position, beginning of year 1,673,568 1,854,493
Prior adjustment
Net Position, End of Year $ 1,716,996 $ 1,673,568
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
MANAGEMENT’S DISCUSSION AND ANALYSIS
September 30, 2017
Capital Assets
2017 2016
Land $ 65,870 $ 65,870
Building 131,050 131,050
Vehicles 561,766 561,766
Equipment-Electronics 180,401 188,673
Furniture and Fixtures 17,367 9,095
956,454 956,454
Less: Accumulated depreciation (596,585) (506,573)
Net Capital Assets $ 359,869 $ 449,881
2017 2016
Assets
Current and other assets $ 1,330,153 $ 1,204,316
Taxes receivable(net) 25,224 22,303
Other assets 1,750 1,750
Total Assets 1,357,127 1,226,619
Liabilities and Deferred Inflow of Resources
Current and other liabilities 2,932
Deferred inflow of resources 25,224 22,303
Total Liabilities 25,224 25,235
Fund Balance
Restricted 52,338 52,338
Unrestricted 1,279,565 1,149,046
Total Fund Balance 1,331,903 1,201,384
Total Liabilities and Fund balances $ 1,357,127 $ 1,226,619
Page 9 of 31
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
MANAGEMENT’S DISCUSSION AND ANALYSIS
September 30, 2017
2017 2016
Revenues
Property taxes, penalties, interest $ 1,373,730 $ 1,025,284
Investment income 7,773 8,121
Other Income 534
Total Revenues 1,382,037 1,033,405
Expenditures
Service 1,065,378 903,414
Administration 173,144 202,007
Tax collection expense 12,996 6,172
Total Expenditures 1,251,518 1,111,593
Excess of Revenues over Expenditures 130,519 (78,188)
Other Financing Activities
Capital purchases (23,025)
Excess (Deficiency) of Revenues
and Capital Expenditures 130,519 (101,213)
Fund Balance-beginning of year 1,201,383 1,302,596
Rounding 1 1
Fund Balance-end of year $ 1,331,903 $ 1,201,384
Budget
For the fiscal year ending September 30, 2017, the District’s budget remained virtually unchanged
from the previous fiscal years. The District expects future revenues to show modest increases as the
tax base increases. The District does not anticipate any major expenditures or significant changes in
its expenditures in the near future.
The Board is developing a long-term strategic plan that will service the greater Dripping Springs and
Northwest Hays County areas for the next ten years. Due to the unusually large amount of surface
area and the area’s unique topography, the Board’s strategic plan will attempt to increase the number
of emergency stations located throughout the service area.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
STATEMENT OF NET POSITION and GOVERNMENTAL FUNDS BALANCE SHEET
September 30, 2017
Statement
Government of Net
Funds Adjustments Position
Assets
Cash and cash equivalents $ 139,380 $ $ 139,380
Investments 1,190,773 1,190,773
Taxes receivable (net of allowance for
uncollectibles) 24,260 24,260
Due from Tax Collector 964 964
Capital assets (net) 359,869 359,869
Other assets 1,750 1,750
Total Assets 1,357,127 359,869 1,716,996
Page 11 of 31
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
STATEMENT OF ACTIVITIES and STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES-GOVERNMENTAL FUNDS
For the Year Ended September 30, 2017
Government Statement of
Funds Adjustments Activities
Revenues
Property taxes $ 1,365,564 2,921 $ 1,368,485
Penalties and interest 8,166 8,166
Investment earnings 7,773 7,773
Miscellaneous income 534 534
Total Revenues 1,382,037 2,921 1,384,958
Expenditures/Expenses
Service operations
Contract service expenditures 1,065,378 1,065,378
Administrative expenditures 173,144 173,144
Tax collection expenditures 12,996 12,996
Depreciation 90,012 90,012
Total Expenditures/Expenses 1,251,518 90,012 1,341,530
Excess (deficiency) of Revenues
over Expenditures 130,519 (87,091) 43,428
Excess (deficiency) of Revenues
and Capital Expenditures 130,519 (87,091) 43,428
Net Position
Beginning of the year 1,673,568
Prior period adjustment
Net Position-End of the year $ 1,716,996
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
In a special election on May 2, 1988, the voters elected to create a new district, the Wimberley, Hays
County Emergency Services District #3. With the election and separation of the Wimberley District,
the remainder of North Hays County Emergency Services District # 1 covers the Dripping Springs
area of the county.
A. Reporting Entity
The District is a political subdivision of the state with powers to acquire and sell real and personal
property, enter into contracts, impose and collect taxes, accept donations, and to lease, own, maintain
and operate and provide emergency services vehicles and other equipment to provide emergency
services.
The Board contracts with the non-profit emergency medical services corporation, located in San
Marcos, to provide the emergency services for the Dripping Springs area.
Since the formation of the new district, taxes continue to be collected by the original North Hays
County Emergency Services District #1 for taxes assessed prior to the division of the District, with all
excess cash divided equally between the two districts. Starting with the 1999 fiscal year, each
District will report half of taxes collected by the original District and will assess and collect their
separate taxes.
As a political subdivision of the state, the District is a primary government and has no component
units to include in the financial statements. Although the County Commissioners appoint the Board,
the budget and tax rate are set by the Board within limits authorized by Chapter 775 of the Health and
Safety Code.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
The Statement also requires the reclassification of net assets into three components as follows:
Invested in capital assets, net of related debt – this component of net assets consists of capital
assets, including restricted capital assets, net of accumulated depreciation and reduced by the
outstanding balances of any bonds, notes or other borrowings.
Restricted – this component of net assets consists of constraints placed on net assets used
through external constraints imposed by creditors, grantors, contributors or laws or
regulations of other governments or through contractual provisions or enabling legislation.
Unrestricted – this component of net assets consists of net assets that do not meet the
definition of the previous two categories.
As a special-purpose government engaged in a single governmental program, the District has opted to
combine its government-wide and fund financial statements in a columnar format showing a final
column for reconciling items between the two. All funds are considered major funds under financial
reporting guidelines.
Fund financial statements display information at the individual fund level. Each fund is considered
to be a separate accounting entity. All funds are classified as governmental funds.
The General Fund is used to account for the operations of the District’s emergency services system
and all other financial transactions not properly includable in other funds. The principal sources of
revenue are property taxes.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
Governmental fund financial statements are organized on the basis of funds, each of which is
considered to be separate accounting entity. They use the modified accrual basis of accounting.
Revenue is recognized in the accounting period in which it becomes both available and measurable to
finance expenditures of the current period. For this purpose, the government considers revenues to be
available if they are collected within sixty days of the end of the current fiscal period. Revenues
susceptible to accrual include interest earned on investments and income from District operations.
Property tax revenues are generally recognized in the period for which the tax levy was made.
Property taxes receivable at the end of the fiscal year are treated as deferred revenues because they
are not considered available to pay liabilities of the current period. The District levies taxes for debt
service purposes only, and all related liabilities had been paid by the end of the year. Expenditures
are recognized in the accounting period in which the liability is incurred, if measurable, except for un-
matured interest on long-term debt (if any), which is recognized when due.
Note 3 further details the adjustments from the governmental fund presentation to the government-
wide presentation.
E. Budget
The budget is adopted for the General Fund using governmental accounting. The budget is prepared
using the same method of accounting as for financial reporting.
F. Investments
The District classifies investments, which have a remaining maturity of one year or less at the date of
purchase, as money market investments. The District values these funds at cost. The District’s
certificates of deposit, if any, are recorded also at cost.
Temporary investments consist of deposits in Tex-Pool, which is a public funds investment pool and
are stated at cost, which approximates fair value and certificates of deposit at local banks.
G. Taxes Receivable
All receivables are reported at their gross value and are reduced by the estimated portion that is
expected to be uncollectible. The estimated uncollectible is 5% of the outstanding tax receivable. At
September 30, 2017, the District’s taxes receivable consisted of $26,500 less an allowance of $1,276.
H. Capital Assets
Capital assets, which include land and infrastructure, are reported in the government-wide financial
statements. The district defines capital assets as assets with an initial valued cost of $1,500 and an
estimated useful life in excess of one year. Capital assets are recorded at historical cost or estimated
historical cost. Donated capital assets are recorded at the estimated fair market value at the date of
donation. The District has not capitalized interest incurred during the construction of its capital
assets.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
The costs of normal maintenance and repairs that do not add to the value of the assets or materially
extend asset lives are not capitalized. Capital assets are depreciated over their remaining useful lives
using the straight-line method as follows:
Proceeds of bonds and other resources set aside for specific purposes are classified as restricted assets
on the balances sheet because their use if limited by applicable bond covenants or contractual
agreements.
The fund financial statements report bond premiums and discounts, as well as bond issuance costs,
during the current period. The face amount of debt issued is reported as other financing sources, net
of issuance costs. Premiums or discounts associated with the debt are reported as other financing
uses.
K. Use of Estimates
The preparation of financial statements, in conformity with generally accepted accounting principles,
requires management to make estimates and assumptions that affect certain reported amounts and
disclosure. Accordingly, actual results could differ from those estimates.
L. Comparative Data/Reclassifications
Comparative data for prior years has not been presented due to the implementation of Governmental
Accounting Standards Board Statement No. 34 – Basic Financial Statements and Management’s
Discussion and Analysis – for State and Local governments. Prior years’ data has not been restated.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
Reconciliation of the Government Fund Balance Sheet to the Statement of Net Assets
Intangible capital assets used in governmental activities are not financial resources, and
therefore are not reported as assets in governmental funds.
Historical cost 956,454
Less: accumulated amortization (596,585)
Change due to intangible capital assets 359,869
Property taxes receivable have been levied and are due this year, but
are not availabale soon enough to pay for the current period's expenditures
and thererfore are deferred in the funds.
Deferred property taxes 25,224
Governmental funds do not present revenues that are not available to pay current
obligation. In contrast, such revenues are reported in the Statement of Activities
when earned. The difference is for property taxes and related penalties and interest.
Penalties and interest 0
2,921
Governmental funds report capital outlays as expenditures. However, in the
Statement of Activities, the cost of the assets are allocated over their estimated
lives as depreciation/amortization expense.
Purchase assets 0
Depreciation/amortization (90,012)
Net (90,012)
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
Investment Policies
The District has adopted a written investment policy, as required by the Public Funds Investment Act,
Chapter 2256, and Texas Government Code. The investments of the District are in compliance with
their investment policies.
State statutes and provisions, included in the District’s bond resolution, require that all funds invested
in depository institutions be covered by federal depository insurance and/or pledged collateral. The
types of collateral to be pledged to secure District demand deposits and investments are stated in the
District’s Investment Policy. Balances in demand accounts and investments were entirely covered by
federal depository insurance or pledged collateral held by the District’s agent bank in the District’s
name.
Investment Pool
The State Comptroller of Public Accounts exercises oversight responsibility of Tex-Pool, the Texas
Local Government Investment Pool. Oversight includes the ability to significantly influence
operations, designation of management and accountability for fiscal matters. Additionally, the State
Comptroller has established an advisory board composed of both Participants in Tex-Pool and other
persons who do not have a business relationship with Tex-Pool. The Advisory Board members
review the investment policy and management fee structure. Tex-Pool is rated AAA by Standard &
Poor’s. Tex-Pool operates in a manner consistent with the SEC’s Rule 2.a.7 of the Investment
Company Act of 1940. Tex-Pool uses amortized cost rather than market value to report net assets to
compute share prices. Accordingly, the fair value of the position in Tex-Pool is the same as the value
of Tex-Pool shares.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2017
Certificates of Deposit
The District maintains certificates of deposits are local banks. Theses deposits are insured by the
FDIC.
Beginning
of Year Additions Dispositions End of Year
Land $ 65,870 $ $ $ 65,870
Building 131,050 131,050
Vehicles 561,765 1 561,766
Equipment 188,673 188,673
Furniture and fixtures 9,095 9,095
Total 956,453 1 956,454
Depreciation 506,573 90,012 596,585
Net Assets $ 449,880 $ (90,011) $ $ 359,869
The District is entered into an agreement with San Marcos Hays County Emergency Medical Services
(SMHC EMS) to maintain the District’s vehicles and related equipment on a reimbursement basis.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
SUPPLEMENTARY SCHEDULE ONE
BUDGETARY COMPARISON SCHEDULE - GOVERNMENTAL FUNDS
For the Year Ended September 30, 2017
Variance
Original and Positive
Final Budget Actual (Negative)
Revenues $ 1,337,969 $ 1,382,037 $ 44,068
Expenses
Contract Service Expenditures 1,284,171 1,065,378 (218,793)
Administrative Expenditures
Wages 85,000 60,000 (25,000)
Payroll taxes 5,000 5,124 124
Benefits 4,500 4,433 (67)
Payroll processing 850 1,829 979
Accounting fees 8,200 7,076 (1,124)
Advertising fees 1,000 3,176 2,176
Ambulance repairs 6,000 4,973 (1,027)
Ambulance supplies 0 50 50
Auditing 5,197 5,000 (197)
Bank fees 25 7 (18)
Dues and publications 2,000 2,160 160
Insurance - building 2,189 1,700 (489)
Insurance - liability 2,189 2,488 299
Legal 7,000 6,248 (752)
License and permits 200 7 (193)
Miscellaneous 11,100 475 (10,625)
Office expenses 1,500 2,057 557
Postage and freight 100 112 12
Rate notification expenses 15,000 32,199 17,199
Rents 12,600 12,600 0
Repair and maintenance-bldg. 45,000 12,419 (32,581)
Telephone and communication 4,800 2,605 (2,195)
Travel 1,920 622 (1,298)
Utilities 9,141 5,784 (3,357)
Total administrative expenditures 230,511 173,144 (57,367)
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
SUPPLEMENTARY SCHEDULE TWO
COMPARATIVE SCHEDULE OF STATEMENT OF REVENUES AND EXPENDITURES
For the Years Ended September 30,
2017 2016
Revenues $ 1,382,037 $ 1,033,405
Expenses
Contract Service Expenditures 1,065,378 903,414
Administrative Expenditures
Wages 60,000 10,000
Payroll taxes 5,124 765
Benefits 4,433
Payroll processing 1,829
Accounting fees 7,076 10,726
Advertising fees 3,176 1,326
Ambulance repairs 4,973
Ambulance supplies 50
Auditing 5,000 4,950
Bank fees 7 35
Consulting 64,257
Dues and publications 2,160 1,395
Equipment maintenance 5,475
Insurance - building 1,700 2,102
Insurance - liability 2,488 2,028
Legal 6,248 7,035
License and permits 7 30
M iscellaneous 475 11,996
Office expenses 2,057 3,358
Postage and freight 112 68
Rate notification expenses 32,199
Recruiting 15,582
Rents 12,600 16,350
Repair and maintenance-bldg. 12,419 31,332
Telephone and communication 2,605 3,908
Travel 622 2,159
Utilities 5,784 7,129
Total administrative expenditures 173,144 202,006
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
SUPPLEMENTARY SCHEDULE THREE
COMPARATIVE SCHEDULE OF STATEMENT OF ACTIVITIES
For the Years Ended September 30,
2017 2016
Revenues $ 1,384,958 $ 1,035,704
Expenses
Contract Service Expenditures 1,065,378 903,414
Administrative Expenditures
Wages 60,000 10,000.00
Payroll taxes 5,124 765
Benefits 4,433
Payroll processing 1,829
Accounting fees 7,076 10,726
Advertising fees 3,176 1,326
Ambulance repairs 4,973
Ambulance supplies 50
Auditing 5,000 4,950
Bank fees 7 35
Consulting 64,257
Dues and publications 2,160 1,395
Equipment maintenance 5,475
Insurance - building 1,700 2,102
Insurance - liability 2,488 2,028
Legal 6,248 7,035
License and permits 7 30
M iscellaneous 475 11,996
Office expenses 2,057 3,358
Postage and freight 112 68
Rate notification expense 32,199
Recruiting 15,582
Rents 12,600 16,350
Repair and maintenance-bldg. 12,419 31,332
Telephone and communication 2,605 3,908
Travel 622 2,159
Utilities 5,784 7,129
Total administrative expenditures 173,144 202,006
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
SUPPLEMENTAL SCHEDULE FOUR
TAXES LEVIED AND RECEIVABLE
September 30, 2017
Maintenance
and
OperationsTax
The District also has tax receivables in the amount of $481 from the disbanded North Hayes Co.
Emergency Service District
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
SUPPLEMENTAL SCHEDULE FIVE
COMPARATIVE SCHEDULE OFACTIVITIES
For the Years Ended September 30,
AMOUNTS
2017 2016 2015 2014 2013
Revenues
Property taxes $ 1,368,485 $ 1,014,825 $ 885,844 $ 762,764 $ 736,037
Penalties and Interest 8,166 12,758 4,797 4,790 5,588
Investment Earnings / Other 8,307 8,122 6,554 7,004 10,076
Total Revenues 1,384,958 1,035,705 897,195 774,558 751,701
Expenses
Service Expenses 1,065,378 903,414 588,012 503,988 503,988
Administrative Expenses 173,144 202,007 78,927 32,189 16,016
Tax Collection Expenses 12,996 6,172 7,063 5,282 6,800
Depreciation 90,012 105,037 73,642 36,564 74,417
Total Expenses 1,341,530 1,216,630 747,644 578,023 601,221
Expenses
Service Expenses 77.0% 87.2% 65.5% 65.1% 67.0%
Administrative Expenses 12.5% 19.5% 8.8% 4.2% 2.1%
Tax Collection Expenses 0.9% 0.6% 0.8% 0.7% 0.9%
Depreciation 6.5% 10.1% 8.2% 4.7% 9.9%
Total Expenditures 96.8% 117.5% 83.3% 74.6% 80.0%
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105
Serving the San Antonio + Austin Corridor
Independent Auditor’s Report on Internal Control over Financial Reporting and on compliance
and other Matters Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards
Board of Directors
North Hays County Emergency Services District #1
PO Box 1604
Dripping Springs, Texas 78620
I have audited, in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements of the business-type
activities of the North Hays County Emergency Services District #1 (District) as of and for the year
ended September 30, 2017, and the related notes to the financial statements, which collectively
comprise the District’s basic financial statements, and have issued my report dated January 6, 2018.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control such that there is a reasonable possibility that a
material misstatement of the entity’s financial statements will not be prevented or detected and
corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies,
in internal control that is less severe than a material weakness, yet important enough to merit attention
by those charged with governance.
My consideration of internal control over financial reporting was for the limited purpose described in
the first paragraph of this section and was not designed to identify all deficiencies in internal control
that might be material weaknesses or, significant deficiencies. Given these limitations, during my
audit I did not identify any deficiencies in internal control that I consider to be material weaknesses.
However, material weaknesses may exist that have not been identified.
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Compliance and Other Matters
As part of obtaining reasonable assurance about whether the District’s financial statements are free of
material misstatement, I performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion
on compliance with those provisions was not an objective of my audit, and accordingly, I do not
express such an opinion. The results of my tests disclosed no instances of noncompliance or other
matters that are required to be reported under Government Auditing Standards. I noted no matters
that needed to be reported to management.
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NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1
SCHEDULE OF FINDINGS, QUESTIONED COSTS AND
CORRECTIVE ACTION PLAN
For the Year Ended September 30, 2017
Financial Statements
The last prior audited financial statements were for the year ended September 30, 2014.
The findings were as follows: None
The last prior audited finanical statements were for the year ended September 30, 2014.
The findings were as follows: None
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve the transfer of 1 vehicle from the Hays County Parks Department to the Hays County Office of Emergency
Services.
SUMMARY
The following vehicle has been taken out of service from the Parks Department and request is made for it to be
transferred to the Hays County Office of Emergency Services: 2004 Chevrolet Silverado, VIN
1GCEC19V34Z248827, Hays County Tag # EH-05, Fixed Asset Tag#13366.
110
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve the selection of Doucet & Associates to provide schematic, environmental documentation and Plans,
Specifications & Estimates (PS&E) services for the Darden Hill Road Widening and Turn Lanes project from FM
1826 to Sawyer Ranch Road; and to authorize staff and counsel to negotiate a contract.
SUMMARY
The Darden Hill Road Widening and Turn Lanes project is included in the 2016 Road Bond Program and is one of
the highest priorities in Precinct 4 and in the County. Approval of Doucet & Associates for schematic,
environmental documentation and PS&E services would position this important safety project to move quickly to
construction and allow the County to program construction funding in the County's Fiscal Year 2019 budget and
seek additional construction funding through CAMPO. Doucet & Associates has been pre-qualified by Hays County
for the requested services. The process to initially select an engineering consultant to negotiate a scope of work
and fee proposal, with subsequent action by the Hays County Commissioners Court to approve the contract
integrating the negotiated scope of work and fee proposal, follows the process set forth in the Hays County
Purchasing Policy and Procedures Manual, revised May 30, 2017.
111
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Authorize payment to Beckwith Electronics Systems, LLC for repairs to courtroom equipment in which no purchase
order was obtained as required per County Purchasing Policy.
SUMMARY
Beckwith Electronic Systems, LLC recently underwent an audit and discovered an invoice for work performed in
June of 2016 in which no payment had been received. During the processing of the referenced invoice it was
discovered that a purchase order had not been obtained. Funds are available within the building maintenance
budget to cover the expense.
112
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Electronic Systems, LLC (BES) 1'91ain1 title to �ipment I materials furnished until payment la made. If or suppliers' written warranty only. AU labor that Is petformecl by Beckwith
payment Is not made as agreed, BES can remove said equipment I materials at seller's expense. Any Electronic Systams, LLC (BES) is warranted for 30 days or as othelwise
damage resulting from said removal shaH not be the responsibility of the seller. Indicated in writing. BES makes no other warranties, express or Implied,
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115
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve out of state travel for Corporal Nelson Wray to attend the Mobile Device Examiner Course in Hoover,
Alabama.
SUMMARY
The Sheriff’s Office is requesting out of state travel for Corporal Nelson Wray to attend a Mobile Examiner Course
in Hoover, Alabama beginning July 8 – August 3, 2018. This training will allow for Cpl. Wray to have a hands on
experience on mobile devices such as cell phones, GPS units, tablets, and will be able to generate reports for law
enforcement. Cpl. Wray will be able to utilize techniques learned at this training while investigating cases involving
mobile devices. There is no cost to the Sheriff’s Office; all fees will be paid by the U.S. Secret Service.
116
MDE
Title: Mobile Device Examiner
Description:
MDE
MDE is a 20 day course designed to provide hands-on experience with mobile devices. Investigators will
gain experience with a wide array of mobile devices such as cell phones, GPS units, and tablets, forensics
analysis tools, legal issues, and report generation for law enforcement. The course combines instructor-
led discussions and practical exercises to teach methodologies and techniques used during
investigations involving digital evidence of mobile devices with traditional investigative techniques.
· Understand the tools necessary to analyze and document mobile device investigations.
117
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve an increase of $150 in the change fund for the Tax Assessor-Collector Office as recommended by the
County Auditor per Texas Local Government Code 130.902 (d).
SUMMARY
A new employee was hired at the San Marcos Tax Assessor-Collector office location and will need a change fund to
process cash receipts.
118
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Approve out of state travel for Justin McInnis to attend the National Security and Public Safety Summit - Esri User
Conference in San Diego, CA on July 7-10, 2018 and amend the budget accordingly.
SUMMARY
Requesting approval for Justin McInnis to attend the National Security and Public Safety Summit at the ESRI User
Conference in San Diego, CA on July 7-10, 2018. Travel dates July 6 to July 11, 2018. This conference provides
public safety personnel with the unique opportunity to learn and experience new GIS techniques and tools that can
be implemented at the local level to help prepare for, respond to and recover from emergencies to include natural
and manmade.
Registration cost $475, estimated airfare will be $300.00, estimated hotel costs will $800, estimated per diem will be
$216
Budget Amendment:
001-656-00.5448 - Contract Services ($2,000.00)
001-656-00.5551 - Continuing Education $2,000.00
119
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Amend the Transportation Department's operating budget for contributions received from the Hays Consolidated
Independent School District (HCISD) for expenditures related to the Old San Antonio Road & High Road projects.
SUMMARY
On 1/23/18 the Commissioner's Court authorized an agreement for road improvements as follows:
HCISD committed $250k for each project and has submitted their payment to the Transportation Department as
required per Section II of the contract. The funds received from HCISD need to be budgeted in order for the
Transportation to complete the work.
Budget Amendment:
Increase Intergovernmental Revenue .4301 - ($500,000)
Increase Contract Consulting .5448_008 - $385,000
Increase Contract Road Work .5448_010 - $115,000
120
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Amend the Office of Emergency Services operating budget related to the purchase of a Surface Pro i5 Tablet.
SUMMARY
Funding for a laptop was allocated during the FY18 budgetary process; however it has been determined that staff
could better utilize the Surface Pro for existing and new software. Additional funds are needed to cover the
increased equipment costs and are available in the departments operating budget.
Budget Amendment:
Increase Computer Equipment .5712_400 - $528
Increase Data Supplies .5202 - $87
121
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Ratify a Permanent Utility Easement Agreement between Carson Haysco Holdings, LP and Hays County.
SUMMARY
See attached agreement.
122
PERMANENT UTILITY EASEMENT AGREEMENT
STATE OF T EXAS §
§
COUNTY OF HAYS §
Grantee: Hays County, Texas and its assigns, for the use and benefit of
all entities, public or private, providing cable or telecom
services.
Consideration: The sum often and NO/ JOO Dollars ($ 10.00) and other good
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by Grantor.
Terms and Conditions: The following terms and conditions apply to the Easement
granted by this agreement:
I. Duration of Easement. The Utility Easement shall commence on the effective date of this
Agreement and shall run with the land and continue in full force and effect perpetually.
2. Reservation of Rights. Grantor shall not erect or maintain any buildings, hardscape, or
structures on the Utility Easement. Grantor shall maintain the right, but not the obligation, to
install landscaping upon the Easement.
4. Equitable Rights ofEnforcement. This Utility Easement may be enforced by restraining orders
and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the parties to or those benefited
by this agreement; provided, however, that the act of obtaining an injunction or restraining
order will not be deemed to be an election of remedies or a waiver of any other rights or
remedies available at law or in equ ity.
5. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns.
7. Entire Agreement. This grant of Utility Easement constitutes the entire agreement between
Grantor and Grantee relating to the Utility Easement described herein, and any prior
agreement, promises, negotiations, or representations not expressly set forth in this Utility
Easement Agreement are of no force and effect. Any amendment to this Utility Easement
Agreement shall be of no force and effect unless it is in writing and signed by the Gran tor and
Grantee.
8. Assignments. Grantee shall not have the right to assign or transfer in whole or in part, any of
Grantee ' s rights and obligation hereunder and to the Utility Easement. Nothing contained
herein shall grant or be construed to grant to Grantee the right to use the Utility Easement for
any purposes other than for the purposes set forth herein.
9. No Partnership. The parties hereto expressly acknowledge and agree that Grantor and Grantee
have not formed, and are not hereby forming, with Grantee and/or any other party, a
partnership, joint venture or any other similar entity, and this Utility Easement Agreement is
not intended, and shall not be construed, to create any such entity or relationship.
10. Recitals. Any recitals in this Utility Easement Agreement are represented by the parties to be
accurate, and constitute a part of the substantive agreement.
11. As is. BY THE USE OF THE UTITIL Y EASEMENT PROPERTY, GRANTEE TAKES THE
UTILITY EASEMENT PROPERTY "AS IS", EXCEPT FOR THE WARRANTIES OF
TITLE AS PROVIDED AND LIMITED HEREIN. GRANTOR HAS NOT MADE AND
DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION,
LAYOUT, EXACT SQUARE FOOTAGE, EXPE SES, ZONING OPERATION, OR ANY
OTHER MATTER AFFECTING OR RELATED TO THE UTILITY EASEMENT
PROPERTY, AND GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO
SUCH REPRESENTATIONS HA VE BEEN MADE. GRANTOR MAK.ES NO OTHER
WARRANTIES , EXPRESS OR IMPLIED, OR MERCHANTABILITY,
MARKETABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OR
OTHERWISE EXCEPT AS SET FORTH AND LIMITED HEREIN. ANY IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
GRANTOR:
/1~*
..,··~v·,:;;--.. . REBECCA L PARMAN
_.. · · ¥"\ Notary Public State of Texas
~~
Notary Public in and for
:• : i* i
;...,_;:.. / ,. j My Commission# 126601337 The State of Texas
···..:fi o,'{c;~-·' My Comm. Exp. July 24, 2020
................
GRANTEE:
By: _Q~
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Name: 'bet J;, :::!+-i,.sv.Jlhb -e,
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Co rY) VYl , ·s~ 'o ~ </'j Pc~ I
THE ST ATE OF TEXAS 0/\I J6etpufP o-F ~ s wury
COUNTY OF HAYS
,,,,~:";",,,,
...... ...,..•....v~ "',
JANICE L. JONES
g,.'\ :.A;;.:~~%Notary Public, State of Texa s
L:..~ .-=. . E My Commission Expire s
,\;;:;, 0,i+,Y
,,,,,1,,,,, Janua ry 13 , 2019 e of Texas
DESCRIPTION
For a 0.0544-Acre [2,371 Square Feet]
IO-Feet Wide Public Utility Easement
BEGINNING at a Texas Department of Transportation [TxDOT] Type II brass disc in concrete monument found
in the east right-of-way line of F.M. 3407, a varying-width right-of-way according to TxDOT right-of-way map
CSJ 3379-01-009, at 55.56 feet right of existing F.M. 3407 baseline station 22+75, same being the west line of
said 219.070-acre tract, for the southeast comer of the easement described herein;
THENCE with said east right-of-way line of F.M. 3407 and said west line of said 219.070-acre tract,
N46°17'02"W a distance of237.16 feet to the northwest comer of the easement described herein;
THENCE leaving said east right-of-way line ofF.M. 3407 and said west line of said 219.070-acre tract, crossing
said 219.070-acre tract, the following two [2] courses and distances:
1) N43 °29' 18"E a distance of 10.00 feet to the northeast comer of the easement described herein, and
2) S46°17'02"E, a distance of 237.20 feet to a point in said east right-of-way line of F.M 3407, and from
which a TxDOT Type II brass disc in concrete monument found for the intersection of said east right-of-
way line ofF.M 3407 with the west line of that tract described as "Parcel 1" [extension of Wonder World
Drive] to the State of Texas, as recorded in Volume 3263, Page 317 of said Deed Records of Travis
County, Texas, at 70.82 feet right of existing F.M. 3407 baseline station 22+75, bears N43 °42'58"E a
distance of 5.26 feet;
THENCE continuing across said 219.07-acre tract, with said east right-of-way line of F.M. 3407 S43°42'58"W
a distance of 10.00 to said POINT OF BEGINNING of the easement described herein, and containing 0.0544-
acre [2,371 square feet].
Basis of bearings is the Texas Coordinate System, Central Zone [4203], NAD83 (2011), Epoch 2010.
Units: U.S. Survey Feet.
This survey was performed without the benefit of a title commitment. Easements or other matters of record may
exist where none are shown.
I Edward A Prince, Registered Professional Land Surveyor, hereby certify that this property description and
accompanying plat of even date represent an actual survey performed on the ground.
WC . CARSON
WESTERLY REMAINDER OP
(219.070 AC.)
VOLUME 752, PAGE JJ
D.R.H.C. T.
WC. CARSON
EASTERLY REMAINDER OP
10' PUBLIC (219 . 070 AC.)
UTILITY VOLUME 752, PAGE JJ
D.R.H.C.T.
EASEMENT
0.0544-ACRE
\ [2,371 SQ. FT.]
\
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Dote: 08/11/2017
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PRINCE - - - - - - - - - - ---DATE -
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 6465
DOUCET & ASSOCIATES
EPRINCE@ DOUCETENGINEERS.COM
Da l e: OB/11 /2017
ftA DOUCET Scale :
AGENDA ITEM
Discussion and possible action to authorize the execution of Change Order #2 with Bowman Consulting for
additional work on the FM 150 Center Turn Lane project.
SUMMARY
This section of RM150 was excluded from the original project due to environmental concerns. These concerns
have been reevaluated thoroughly and the project can now move forward.
131
132
Exhibit A
Scope of Services
The work to be performed under this contract shall consist of providing engineering
services to design widening and safety improvements for FM 150 Station 156+15 to Station
169+50. This portion of the FM 150 widening was intentionally not included in Bowman
Consulting Group’s 2014 work. The County now desires to have this portion of the
roadway widened to match the segments on either side. Replacement sheets to be inserted
into the original design had previously been prepared but now need to be prepared as a
stand-along project.
The Engineer shall provide the services described below for schematic preparation, and
hydrologic/hydraulic study as well as providing quantities and a construction cost estimate
for the changes. All deliverables will be submitted in hardcopy format and digital PDF
files on CD / DVD. All native design files will be made available at project milestones or
on request.
1. Drainage: Hydraulic designs shall be in accordance with the TxDOT Hydraulic Design
Manual. Modeling and design shall be developed utilizing Geopak Drainage, HY8,
THYSYS, CulvertMaster, WinStorm, HEC-HMS or other appropriate hydraulic
design software. Drainage calculations and plans for this section have previously been
prepared as part of CO #1. The plans will be reviewed to ensure use of current TxDOT
standards, and modified based on new existing conditions. Calculations will be
included in contract plan sheets. Current TxDOT standard drawings will be compiled
and included in stand-alone plan set.
1 of 4
133
ROADWAY DESIGN
1. Pavement Design
1.1. Pavement Design: Pavement design will be per the same section developed
previously for FM 150.
2. Roadway Design
2.1. The Engineer shall modify previously prepared roadway sheets to account for
recent improvements and as needed in accordance with same TxDOT policy and
practices used to develop the original construction plans. All plan sheets shall be
developed using 11” x 17” sheets sizes and shall be of uniform style and quality.
Plans shall be submitted for County and TxDOT review at 90% completion stages.
Five hardcopies of drawings shall be submitted by the Engineer at the 90% and
final submittals.
2.2. Project shall be governed by the TxDOT Standard Specifications for Construction
and Maintenance of Highways, Streets and Bridges applicable at the initiation of
the project. Provide any necessary specifications, special specifications, special
provisions and general notes to specify the work required by the contractor.
2.3. Roadway geometry shall be developed utilizing Geopak and in accordance with
the latest version of the TxDOT Roadway Design Manual.
2.4. Plan and Profiles views shall be developed in accordance with TxDOT Project
Development standards.
2.5. Typical Sections: Existing typical sections for proposed and existing roadways and
structures will be utilized.
2.6. Intersection Layout/Grading Plans: One new cross street plan and profile sheet was
developed and will be reviewed for any modification due to recent improvements
and included as part of this stand-alone set.
2.7. Design Cross Sections/Cut and Fill Quantities. The Engineer shall develop an
earthwork analysis to determine cut and fill quantities and provide final design
cross sections at 50 feet intervals. Annotation shall include at a minimum:
existing/proposed right of way, side slopes (front and back), and profiles. Cross
sections and quantities shall consider existing pavement removals.
2.8. Plan Preparation. The Engineer shall prepare roadway plans, profiles and typical
sections for the proposed improvements. The roadway plans shall consist of the
2 of 4
134
types and be organized in the sequence as described in the TxDOT PS&E
Preparation Manual.
3. Erosion / Sedimentation Controls. The Engineer will review and update previously
prepared temporary construction erosion / sedimentation control and permanent
revegetation / erosion protection measures for all disturbed areas.
4. Signage, Striping and Pavement Marking. All signing, pavement marking and
delineators shall be in accordance with the Texas Manual on Uniform Traffic Control
Devices (TMUTCD). Plans and schedules will be updated based on changes to existing
conditions.
6.1. Title Sheet and Index of Sheets. The Engineer will update a title sheet and Index
of Sheets in accordance with TxDOT standards.
6.2. Sequence of Construction. The Engineer assumes that the sequence will be the
same as that of the original design contract.
6.3. Traffic Control Plan. The Engineer will prepare detailed traffic control plans based
on the approved overall sequence of construction. TxDOT construction standards
will be incorporated into the traffic control plans.
6.4. The Engineer will show existing utility locations at the time of the field survey on
the schematic and construction documents with defined line styles shown in a
legend. Utilities to be relocated will be shown on Engineers plans and labeled as
“utility to be relocated by others”. If new utility locations are made available to
the Engineer in Microstation format on the same coordinate system as Engineers
files after the initial field survey but prior to the 95% submittal, Engineer will
include the new locations in the plan set.
6.6. Compute and Tabulate Quantities. The Engineer shall compute quantities for the
updated plans. Quantities shall be shown in the plan sheets and the project manual
bid form.
6.7. Specifications and General Notes. The Engineer will update the projects general
notes as needed and prepare any special specifications and will work with the
County to identify the applicable general notes.
3 of 4
135
6.9. Agreements & Permits. None anticipated.
PROJECT MANAGEMENT
1. Attend Project Coordination Meetings – Engineer will have relevant staff attend
meetings to coordinate the project with County staff / representatives and to obtain
concurrence with project status.
2. County Commissioner Meetings - Attend County Commissioners Court Meetings.
After discussion of project-related agenda items, the Engineer will not be required to
be present during the remainder of the Court session. Minimal exhibits and handouts
will be required.
3. Project Administration and Coordination - Provide monthly project team meetings to
discuss the status of the project with review / approval entities.
4. Coordination with Agencies – Coordinate with TxDOT and Hays County on proposed
improvements as directed by Hays County.
5. Progress Reports - Prepare progress reports and submit them along with monthly
invoices. Invoices will be submitted by the tenth (10th) day of each month.
4 of 4
136
EXHIBIT 'D' - FEE SCHEDULE
DIRECT % Total
Sheet Count A B C D E F G H I J K TOTAL LAB, OH per
New Std. Work Description (Labor Rates) $ 220 $ 170 $ 125 $ 140 $ 155 $ 135 $ 80 $ 185 $ 100 $ 140 $ 77 HRS & PROFIT Code
SUBCONSULTANT
MLA $ -
1/12/2018 Page 1
137
EXHIBIT 'D' - FEE SCHEDULE
90% PS&E
Title Sheet 2 2 $ 250.00
Index of Sheets 4 4 $ 500.00
Project Layout 2 2 $ 250.00
Typical Sections 4 4 $ 620.00
General Notes 8 8 8 24 $ 3,720.00
Estimate and Quantities 8 8 8 24 $ 3,600.00
Summary of Quantities 8 8 12 28 $ 4,220.00
Small Sign Summary Sheet 4 4 $ 620.00
TCP Sheets 8 16 12 36 $ 5,460.00
TCP Standards 4 4 $ 620.00
Roadway Sheets 4 12 16 $ 2,180.00
Roadway Standards 4 4 $ 500.00
Drainage Sheets 4 8 12 $ 1,680.00
Drainage Standards 4 4 $ 500.00
Erosion Control Sheets 4 8 12 $ 1,680.00
Erosion Control Standards 4 4 $ 500.00
Signing and Striping Sheets 4 4 4 12 $ 1,860.00
Sign Detail Sheets 4 8 12 $ 1,800.00
Signing and Striping Standards 4 4 $ 500.00
Cross Sections 8 8 $ 1,000.00
Final PS&E
Clean-up Final Comments for Final Submittal 2 20 20 42 $ 6,940.00
1/12/2018 Page 1
138
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Discussion and possible action to authorize the execution of a Professional Service Agreement (PSA) with Doucet
& Associates, Inc. regarding road and drainage improvements at the intersection of Old San Antonio Road and
Manchaca Springs Road in Precinct 2.
SUMMARY
The project encompasses widening and improving at Old San Antonio Road and Manchaca Springs Road to
provide proper turn lanes at the driveways to the new Hays ISD school site that is under construction west of the
Old San Antonio Road intersection with Manchaca Springs Road. The work entailed will improve alterations to the
actual intersection of Old San Antonio & Manchaca Springs Road. This project will include survey of the existing
road and necessary drainage improvements as well.
139
PROFESSIONAL SERVICES AGREEMENT
HAYS COUNTY, TEXAS
HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with
administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Doucet
& Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at
7401B Highway 71 West, Suite 160, Austin, Texas 78735, hereby enter into this Professional
Services Agreement (hereinafter “Agreement”) effective the ___ day of _________, 20__
(hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this
Agreement” or “the parties”) agree as follows:
1. OVERVIEW
The project encompasses widening and improving at Old San Antonio Road and Manchaca
Springs Road to provide proper turn lanes at the driveways to the new Hays ISD school site that
is under construction west of the Old San Antonio Road intersection with Manchaca Springs
Road. The work entailed will improve alterations to the actual intersection of Old San Antonio
& Manchaca Springs Road. This project will include survey of the existing road and necessary
drainage improvements as well.
2. SERVICES
Contractor agrees to perform services for the County in accordance with the County’s
instructions and, in particular, the instructions of Mr. Jerry Borcherding, P.E., Director of
Transportation, and/or legal counsel for the Hays County Commissioners Court; and in
conformance with the descriptions, definitions, terms, and conditions of this Agreement. The
Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”,
and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the
parties (collectively “the Work”). If the parties to this Agreement amend the Work required
under this Agreement (by adding or removing specific services and/or terms enumerated in
Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be
amended to conform with the change in Scope of Services, as agreed by the parties.
3. ADDITIONAL TERMS
Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit
“C”, attached hereto.
4. DURATION
The parties agree that the Work shall be completed five hundred five (505) days after
commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable
to complete the Work by the Completion Date, Contractor shall request an extension of the
Completion Date in writing no later than fifteen (15) business days prior to the Completion Date.
The County may grant extensions of the Completion Date for all reasonable extension requests
and shall do so in writing.
5. COMPENSATION
Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are
cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any
6. PAYMENT
Contractor shall invoice the County for the Work performed under this Agreement on a monthly
basis, beginning at the end of the first full month following the Effective Date. The County
agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251
and by sending payment to Contractor’s address stated in Section 8, below.
7. NOTICE OF COMPLETION
Upon completion of the Work, Contractor shall send a Notice of Completion to the County in
writing, and the County shall have the option to inspect the Work (or the product thereof) before
it is considered complete under this Agreement. If the County is satisfied that the Work under
this Agreement is complete, the County shall send Contractor an Acceptance of Completion in
writing. If, after inspection, the County does not agree that the Work is complete or believes that
the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the
specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days
from the County’s receipt of Contractor’s Notice of Completion, the County does not send
Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this
Agreement shall be considered complete.
8. NOTICE (GENERAL)
All notices issued by Contractor under or regarding this Agreement shall be provided in writing
to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos,
Texas 78666; <bert.cobb@co.hays.tx.us>.
All notices issued by the County under or regarding this Agreement shall be provided in writing
to Contractor at its primary place of business.
Notices from one party to another under this Section may be made by U.S. Mail, parcel post,
Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses
cited above.
9. INSURANCE
Contractor agrees that, during the performance of all terms and conditions of this Agreement,
from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or
until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its
sole expense, provide and maintain Commercial General Liability insurance that meets or
exceeds the industry standard for professional services providers in Contractor’s field of
employment and for the type of services that are being performed by Contractor under this
Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This
insurance coverage shall cover all perils arising from the activities of Contractor, its officers,
directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be
responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability
Insurance is attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability
Insurance shall be provided to the COUNTY within seven (7) days of the new policy date at the
So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled
nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect
that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30)
days after the COUNTY has received written notice as evidenced by a return receipt of
registered or certified mail.
12. SURVIVAL
Notwithstanding any termination of this Agreement, the following Sections, and the terms and
conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and
22.
14. SEVERABILITY
If any Section or provision of this Agreement is held to be invalid or void, the other Sections and
provisions of this Agreement shall remain in full force and effect to the greatest extent as is
possible, and all remaining Sections or provisions of this Agreement shall be construed so that
19. ASSIGNMENT
Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations
under this Agreement, in whole or in part, without the other party’s prior written consent thereto.
Signatures by the parties to this Professional Services Agreement follow on the next page.
Scope of Work
Based on our understanding of your needs at this time and the current status of this project, we
propose to provide the following specific services:
A. Attend ten (10) project coordination meetings. Prepare and submit a meeting
agenda one (1) day prior to each meeting and submit draft meeting notes for the
County’s review and approval three (3) days following each meeting. The
meetings shall include the following:
1. Prepare and submit a monthly invoice package, which shall include the
engineer’s invoice, a progress status report, and updated project schedule
reflecting progress accomplished during the past month. Project schedule
shall be developed using Microsoft Project or other compatible scheduling
software.
Project area: The County Road 117 (Old San Antonio Road) topographic design and
right-of-way (ROW) survey limits near Buda in Hays County begin approximately 500
feet south of Main Street and extend approximately 0.80-mile north and northeast to 500
feet northeast of the intersection with County Road 104 (Manchaca Springs Road), and
This survey data and deliverables shall be used for the purpose of designing roadway
improvements to and possible acquisitions for right-of-way widening.
Services to be provided: The purpose of this task is to provide Hays County with
topographic design and right-of-way surveying. All work shall conform to Doucet
design specifications, including, but not limited to: field book format, data collection
techniques, digital file formats and deliverables. Topographic Mapping will conform to
TSPS standards and specifications for a Category 6, Condition II Topographic
Survey. Right-of-way mapping and property descriptions will conform to TSPS
standards and specifications for a Category 1B, Condition II Land Boundary Survey.
Surveyor shall set horizontal and vertical primary control points using a ½” rebar
at least 18 inches long or driven to refusal (whichever comes first) with
aluminum cap. Set primary control points near the beginning, middle and end
of the project, but away from possible disturbance from construction activity.
The primary control points shall be set at an approximate spacing of 3,500 feet
and shall be inter-visible with each other whenever possible. These points
shall be used as the primary horizontal and vertical control for the project and shall
serve as the temporary benchmarks (TBM’s) for the project. Horizontal and
vertical data for primary control shall be based on Static GPS observations.
Secondary control points shall be set as necessary for conventional ground
surveying and terrestrial LiDAR scans based on an approved project control
layout plan. An 8½-inch by 11-inch Survey Control Data Sheet shall be
prepared for each primary control point. A Survey Control Index Sheet shall
be prepared showing all project control. Secondary control shall serve as
aerial targets for drone imagery acquisition.
2. Right-of-Entry Coordination
Surveyor shall prepare a project abstract map and perform field reconnaissance
to locate right-of-way and intersecting property lines and calculate the roadway
alignment. Title Reports will be secured for all affected properties to confirm
existing easements and identify any title inconsistencies to benefit the
5. Utility Coordination
6. Right-of-Way Mapping
Surveyor shall revise the right-of-way map set to include proposed right-of-way
lines and identify affected parcels to facilitate right-of-way acquisition. (As a
lump-sum per parcel supplemental service Surveyor shall prepare signed and
sealed parcel plats and accompanying property descriptions or easements for
properties adjoining the CR 117 and CR 104 right-of-way to facilitate right-of-
way acquisition. Affected parcels will be determined during the design process at
a later date.)
DELIVERABLES:
4. ASCII file (comma delimited), Microstation v8i Terrain File with DTM showing
1-foot contours, ground features, improvements and +8-inch (DBH) trees.
Limitations: Site conditions at locations other than the boring locations will not be
expressed or implied, and future conditions may be altered from the time of borings. The
report findings, conclusions and recommendations will be based upon reasonably
ascertainable data, the Geotechnical engineer's professional expertise, experience and
training. No other warranty is expressed or implied concerning the satisfactory use of the
report’s recommendations or data.
Site Access & Boring Locations: We assume that no extraordinary measures will be
required due to unusual sub-surface conditions and that the site is legally and physically
accessible to truck mounted drilling equipment. If you desire surveyed locations of the
borings with vertical and horizontal controls, then these services are to be provided by
x The Phase I ESA survey will not include inspection of the interior of any
existing residences/buildings that may be present along the road segments.
x Detailed evaluation or sampling for asbestos-containing materials and lead-
based paint is not included in this scope of services.
x SWCA assumes that all draft and final reports will be provided
electronically.
SWCA will delineate the extent of any jurisdictional water of the U.S., including
wetlands, along an approximately 0.5-mile-long segment of Old San Antonio
Road, specifically the segment located near the intersection with Manchaca
Springs Road. The delineation would be performed in accordance with guidance
provided by the U.S. Army Corps of Engineers (USACE) Fort Worth District
Regulatory Branch. The purpose of the delineation would be to identify what
level of authorization, if any, would be needed from the USACE to perform
planned improvements along the segment of road.
SWCA will gather publicly available desktop information on topography, soils, and
waterbodies mapped by the U.S. Geological Survey (USGS) National Hydrography
Dataset, U.S. Fish and Wildlife Service National Wetland Inventory, and similar
sources prior to performing an aquatic resources delineation in the field. SWCA will
conduct the field delineation to verify desktop findings and assess the
presence/absence of potential waters of the U.S. along the road section. For the
purposes of this proposal, it is assumed the delineation will be performed within a
100-foot wide corridor centered on each roadway, and within a 150-foot wide
corridor at the intersection of the two roads (“project area”). SWCA assumes that
Doucet & Associates will be responsible for obtaining rights-of-entry on private
lands.
The field delineation will be performed by a team of two (2) qualified wetland
scientists traveling from our Austin office, over one (1) field day. Upon
completion of the delineation, SWCA will prepare an aquatic resources
delineation report to identify and describe any likely jurisdictional areas (potential
waters of the U.S.) along the road segment. The report will describe the
conditions of land on either side of the road, delineation methods, and delineation
results, and will provide our opinion regarding what level of authorization, if
any, would be needed from the USACE to perform planned improvements along
the segment of road. A draft digital copy of the report will be submitted to the
client for review and comment within 14 days of having received notice to
proceed (NTP). Once comments on the draft report have been received, SWCA
will promptly address the comments and submit a final copy of the report to
Doucet & Associates in electronic format. In addition to the delineation report,
SWCA will also prepare a memorandum for the Client that summarizes options
for USACE permitting, with those options dependent upon the results of the field
delineation.
ASSUMPTIONS FOR TASK 2
x SWCA assumes that all draft and final reports will be provided
electronically.
Once reviews and fieldwork have been completed, SWCA will prepare a
draft report within 15 days of the completion of field work. The
archaeological report will conform to THC and Council of Texas
Archeologists reporting standards. The report will document the general
nature of the project area, the methodology used in the investigations, the
presence and condition of any previously recorded sites revealed in the
records review, the general nature and extent of cultural resources
encountered during the archaeological survey, recommendations on the
need for further work, and the potential significance of the cultural
resources regarding future development and SAL status.
SWCA will prepare a report that describes our desktop and field findings and
provides our opinion of the potential for the habitats present on the project area to
support protected species. The report will contain figures as needed to depict the
distribution of any habitat present along the road segment that is considered suitable
for use by any protected species.
D&A will provide professional services required for the planning and engineering and
preparation of plans, specifications and estimates (PS&E) for the Old San Antonio Road.
These services may include engineering studies, roadway design, hydrologic and
hydraulic calculations, utility coordination and relocation, traffic control plans,
erosion/sedimentation control design, public involvement services and construction phase
services. It is assumed that the roadway alignment will stay in general existing ROW
alignment and additional ROW will be required only for road widening. For all the Work
The Engineering Reports to be delivered with Work Products 1 and 2 will include
existing road condition analysis (pavement, traffic, access, utilities, etc.), environmental
report summary, existing drainage condition analysis, proposed road section
improvements, proposed road layout improvements, proposed intersection and access
improvements, required right of way acquisition, geotechnical soil report summary and
proposed pavement section analysis, proposed drainage improvements analysis
(hydrology and hydraulic calculations), proposed utility relocation description, proposed
storm water pollution prevention plan including erosion and sedimentation control
measures and proposed construction traffic control measures.
Upon receipt of Notice to Proceed (NTP), D&A will conduct additional site visits
to better understand field conditions and constraints of the project. D&A will
meet with the County representative to finalize the improved roadway section for
the road widening. D&A will prepare preliminary design schematics for County
Transportation director and other representatives to review prior to preparation of
the 30% design. After review of the schematic design and input from the County
and using the existing roadway survey, D&A will prepare the 30% design plans
and documents. We propose Work Product 1 to consist of the flowing
documents:
x Project Survey
x Geotechnical Report
x Environmental Studies
x Limits of Construction
x Preliminary Roadway Improvements Layout
x Typical Road Sections
x Required Right-of-Way and Easement Locations
x Preliminary Drainage Layout and Analysis
x Engineering Report
x Pavement Sections
x Updated Design Schedule
D&A will conduct one (1) meeting with the Client’s team to discuss review
comments of 30% design completion Work Product 1.
Upon receipt of written “Notice to Proceed” with this phase of services, D&A will
address the County comments of 30% design and will provide the following Work
Product 2 (60% design) professional engineering services:
x Cover Sheet
x Typical Road Sections
x Roadway Improvements Layout
x Required Right-of-Way and Easement Locations
x Drainage Layout and Analysis
x Engineering Report
x Pavement Sections
x Preliminary Plan and Profile Sheets
x Preliminary Traffic Control Concept for entire project
x Preliminary Cross Sections
x Construction Specifications Index
x Updated Design Schedule
x Preliminary Cost Estimate
x QA/QC Mark ups
D&A will conduct one (1) meeting with the Client’s team to discuss review
comments of 60% design completion Work Product 2.
Upon receipt of written “Notice to Proceed” with this phase of services, D&A will
address the County comments of 90% design and will provide the following Work
Product 3 (90% design) professional engineering services:
Based upon Client’s review and approval of Work Product 2 (60% complete
design documents), D&A will develop 90% complete detailed designs, layouts
x Cover Sheet
x Typical Sections
x General Notes
x Roadway Improvement Layout
x Traffic Control Sheets
x Erosion and Sedimentation Control and Storm Water Pollution Prevention
Plans
x Narrative Sequence of Construction
x Plan and Profile Sheets
x Signage and Striping Plan
x Cross Sections every 50 feet
x Drainage Area Maps
x Drainage Calculation Sheets
x Drainage Layout Sheets
x Standard Details
x Complete Specifications including any Special Provisions
x Cost Estimate
D&A will meet with the Client’s team to discuss 90% design of proposed
improvements.
Upon receipt of written “Notice to Proceed” with this phase of services, D&A will
address the County comments of 100% design and will provide the following
Work Product 4 (100% design) professional engineering services:
Based upon Client’s review and approval of Work Product 3 (90% complete
design documents), D&A will develop 100% complete detailed designs, layouts
details and drawings of the proposed roadway improvements.
x Final PS&E
x Bid Assistance
x Prepare agenda and attend Pre-Bid meeting
x Respond to Bidders Questions
x Prepare Addenda to the bid as appropriate
x Evaluate Contractor’s bids and recommend award
Quality Assurance and Control procedures are monitored and executed through a system
of standardized internal processes. Projects are subjected to weekly sit-down reviews
through mandated Project Manager meetings. These meetings detail the status of the
project to ensure that Quality Milestones are met. Quality compliance is monitored
through a visual management system designed to easily identify critical check points. A
segment of these checkpoints includes a formal Design Board Review to ensure the
project is being designed robustly as well as to make sure all Client needs have been
addressed. A Constructability Review is also performed by a senior construction
manager to ensure that each project is designed in a cost effective, buildable, and
sustainable manner.
Constructability Reviews are performed on all D&A projects per the company’s Quality
Assurance and Control procedures. To ensure no field issues during construction, our
Senior Construction Manager reviews all plan sheets, details, and design issues related to
the physical construction of the project.
2. Doucet & Associates will review, approve, reject or ask for clarifications on
submittals submitted by Contractor for general compliance of the Contract
Documents.
3. Review and administer requests for information (RFI) from the Contractor.
6. Interpret the construction documents and recommend Change Orders to the Client,
as necessary.
9. Based upon red lined “As-built” plans furnished to us by the Contractor, revise the
original Construction Drawings to reflect "Record Drawing" conditions and furnish
as-built drawings. It is assumed that construction will be completed in general
according to the bid set. Plans updates due to significant changes at construction or
value engineering during construction will be provided at our standard hourly rates
as additional services.
IX. Reimbursables/Reproduction
1. Direct non-salary expenses incurred and not applicable to general overhead are
billed at cost for administrative and handling charges. Please note that physical
backup for reimbursable expenses will not be included with invoices unless a
written request to do so is submitted to D&A’s accounting department.
Reimbursable Expenses include, but are not limited to, the following:
Travel and lodging, including out of town transportation by D&A’s vehicles at
standard rates; mail, delivery, courier and express charges; legal and accounting
fees (including attorney’s fees charged by D&A’s attorney for review or
negotiation of any certificates or similar documents requested by Client or a
lender doing business with Client); in-house reproduction costs (to be charged at
prevailing commercial rates); subconsultants; photographs; environmental fees;
late fees caused by Client; charges incurred in stopping or resuming work in
accordance with this Agreement; use or rental of special equipment or instruments
and other direct non-salary expenses necessary to complete the contract.
x The proposed fee is only for the items described in the project scope. Other items
if requested will be provided for additional fee with a Contract Amendment.
x It is assumed that the improved roadway will be within the general existing right-
of-way and additional right-of-way will be required only for the roadway
widening and road alignment will not change. Adjustments and modifications to
the road alignment will require a Contract Amendment.
x Right-of-Way acquisition services will be provided by others working directly for
the County.
x No construction phase surveying services are included.
x No off-site drainage, roadway or utility improvements are required and
preparation of these surveys, easements and/or negotiations for these easements is
an additional service.
x The project will be developed as a single phase.
III. Geotechnical
1-2 Hourly $ 7,850
IV. Environmental
1-4 Hourly $ 17,108
IX. Reimbursables/Reproduction
1 Cost $ 28,000
Principal Eng. Sr. PM Sr. Project Eng Engineer Assoc. I Sr. Construction Tech. Sr. Civil Tech. Sr. Ops Asst. Subtotal
Scope of Services $ 225.00 $ 200.00 $ 168.00 $ 95.00 $ 139.00 $ 130.00 $ 85.00 Per Task
Project Mangement and Coordination 12 52 36 0 0 0 8 $ 19,828.00
Work Product 1 (30% Design) 0 40 80 80 0 200 8 $ 55,720.00
Work Product 2 (60% Design) 0 40 80 80 0 240 12 $ 61,260.00
Work Product 3 (90% Complete Design) 0 40 80 80 0 240 8 $ 60,920.00
Work Product 4 (Bid Phase) 0 24 24 24 0 80 20 $ 23,212.00
Quality Assurance/Quality Control 6 16 0 0 12 0 0 $ 6,218.00
Constructability Review 2 24 0 0 32 0 0 $ 9,698.00
Construction Phase Services 0 20 24 20 64 32 20 $ 24,688.00
0 0 0 0 0 0 0 $ -
0 0 0 0 0 0 0 $ -
0 0 0 0 0 0 0 $ -
Total Hours 20 256 324 284 108 792 76
Sub total $ $ 4,500.00 $ 51,200.00 $ 54,432.00 $ 26,980.00 $ 15,012.00 $ 102,960.00 $ 6,460.00 $ 261,544.00
Grand Total $ $ 261,544.00
164
Hays County ^hZsz Doucet & Associates, Inc.
CR 117 From Main Street to CR 104 at IH 35 Fee Schedule 818-002
Topographic Design & ROW Survey Basis of Payment - Lump Sum March 1, 2018
Surveyor shall prepare signed and sealed parcel plats and accompanying property descriptions or easements for properties adjoining the CR 117 and CR 104 right-of-way to facilitate right-of-way acquisition as a lump-sum per parcel supplemental service cost of $2,800 per
parcel. Affected parcels will be determined during the design process at a later date.
165
WorkSchedule :HG
OldSanAntonioRoadImprovements
HaysCounty,Texas
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166
Exhibit B
Rate Schedule
167
-- EXHIBIT “C” --
A. N/A
B.____________________________________________________________________________
__________________________________________________
C.____________________________________________________________________________
__________________________________________________
D.____________________________________________________________________________
__________________________________________________
E.____________________________________________________________________________
__________________________________________________
F.____________________________________________________________________________
__________________________________________________
G.___________________________________________________________________________
___________________________________________________
H.___________________________________________________________________________
___________________________________________________
I.____________________________________________________________________________
__________________________________________________
J.____________________________________________________________________________
__________________________________________________
K.___________________________________________________________________________
___________________________________________________
L.____________________________________________________________________________
__________________________________________________
Certificate of Insurance
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
OTHER: $
COMBINED SINGLE LIMIT
D AUTOMOBILE LIABILITY B2087935018 10/17/2017 10/17/2018 (Ea accident) $1,000,000
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
X AUTOS ONLY X AUTOS ONLY (Per accident) $
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
A OFFICER/MEMBER EXCLUDED? N/A X C64630945 10/1/2017 10/1/2018
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
DOUCET & ASSOCIATES, INC. (2913700) IS INCLUDED AS A NAMED INSURED THROUGH ENDORSEMENT.
Old San Antonio Road Improvements #DAPRJ 818002
WAIVER OF SUBROGATION IN FAVOR OF Hays County Auditor WHEN REQUIRED BY WRITTEN CONTRACT.
ALL STATES EXCEPT OH, ND, WY AND WA
172
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
Workers' Compensation and Employers' Liability Policy
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175
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Discussion and possible action to accept Subdivision Improvements Performance Bond No.800016443 for street
and drainage improvements for Belterra Subdivision Section 21-2 in the amount of $962,823.75.
SUMMARY
Belterra Section 21-2 is a proposed 84 lot portion, across 104.35 acres, in the master planned Belterra Subdivision.
Water and wastewater services will be provided by the WCID #2.
The final plat for the Belterra Subdivision Section 21-2 have been reviewed under the interlocal cooperation
agreement with the City of Dripping Springs and have been approved by County staff. While the plat has been
approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action.
176
177
178
179
180
181
182
183
184
AGENDA ITEM REQUEST FORM
AGENDA ITEM
SUB-973; Call for a public hearing on May 1st, 2018 to discuss final plat approval of the Replat of Lot 108, Rolling
Oaks Section 4.
SUMMARY
Rolling Oaks is a recorded subdivision located off of FM 3237 in Precinct 3.
The proposed re-plat will divide the 4.376 acre lot 108 into 2 lots. Water service will be provided by individual water
wells and wastewater treatment will be accomplished by individual on-site sewage facilities.
185
“ ”
186
AGENDA ITEM REQUEST FORM
AGENDA ITEM
SUB-962; El Dorado Subdivision (12 Lots). Discussion and possible action to approve preliminary plan.
SUMMARY
The proposed El Dorado Subdivision is a 52 lot subdivision located off of FM 21 in Precinct 2. The subdivision
crossing three county boundaries: Hays, Travis, and Caldwell. Only 12 lots are going to be inside Hays County.
The subdivision will be served by GoForth SUD. Wastewater service will be provided by individual on-site sewage
facilities.
187
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STATE OF TEXAS
COUNT'f OF CAUJlll!1L PLAT NOTES o.NO CUT Off l'IU. ON Nit' LOt MAY OIC[I]) E1CHT rtET, O:Q.UDINC OIIMW,l,'l'S, A -.....olNC STftl..CTUlt['S
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STATE 0, !DAS. HO. 7905
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OPERATE ac oe,..... m f'ROW TRIMS COUNTY 8tF'ORE AH INOI\IIOtJAL ()N .. Slf[
.. INf ST'lt\JC!\IAES, NlJJDINC: II.IT NOT IJlofflUI TO, FDIC($, STOIW)[ SHCDS, OltAIN.t.CC, F1L1"'fl0N
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£.ACH JICSIOCNTW. LOT IN TNS SUBOMSION IS ltESTltlC1CO TO NO MOR£ ™'N
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or LOTS 1 - • . 81..0CK 8: LOn 1-a. 8LOQC C; t.OTS 20-2• . ILOCI( O; Lon 1-•. 8LOCI( D.
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or 'l'ECCTATION WlfHlol TM[ (AS(M[NT. ,,, . IUll"flO ' OO""I NT.41 ' rJ>
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f. OCOJf>NQ IS f'ftOttllllltO IJH TIL A CONNCClJON IS WADE TO Nf .t.PPRCM:D PU8lJC '""""""°''· 1>u
-~
5 S£'W£R SYSTEM OR APPROil'EO PRNATt N>MDUAL. SE'fiAGE 01SPOSAL SYSTEM THAT
S,,t,T1Sf1ES STAT[ ANO COUNTY lt£0UIRDIEHT5 rDR SEPTIC sYStE~
Q, A T'#tHTY r oot (20') PUaJC vruTY £ASOICNT (P .U.(.) 15 OCDICATtO OH £.ACH t.OT
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RCOUV.OONS.. CI-W'TOl 725, SIJeCIW)r(R l ,02. PftC AHO POST DE'IEl.oPUCNT RlMOff Clrl.CUI.ATIOffS
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Total lots: il
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-·
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157 ~ SU8DMSIOfrflSl.OCAftOWffi11NKoli.YSCISO,~TISO,N<CIDCl.w.LLCISO. OCCUPN«:Y. MAOINO PERMITS, Olt unurv CONNCCTIONS rr M O<MJtf...c aooor- 0A unt.m'
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TRAVIS COUNTY El D0rc1~o
LOCATION MAP
N.T.S.
l. 'l.
FLOOD PLAIN STATEMENT: OWNER:
STATE Of TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS A PORTION OF THIS TRACT LIES WITHIN THE DESIGNATED FEMA 100-YEAR FLOOD PLAIN (10:
lillllENNIUM INTERESTS. LTD.
1718 STATE STR£ET
HOUSTON, TX 77007 \\~, ;:,"
f
ANNUAL CHANCE FLOOOPLAJN) . THE FEMA OCSIGNATED 100-YEAR FLOOD PLAIN LIMITS ARE (713} 870-0211S \ J
WE. MILLENNIUM INTERESTS, LTC, A TEXAS LIMITED PARTNERSHIP, ACTING BY CONTAINEO WITHIN THE ORAJNAGE EASEMENT AS SHOWN HEREON. THE fEMA DESIGNATED .r,
ANO THROUGH BEAU KING, GENERAL PARTNER. BEING THE OWNER Of THE
REMAINDER Of 194.938 ACRES OUT OF THE ELIZABETH BROWN SURVEY,
FLOOD HAZARD AREA IS PORTRAYED AS SHOWN ON THE fED£RAL EMERGENCY MANAGEMENT
AGENCY (FEMA) FLOOD INSURANCE RATE MAP (FIRM) #4845JC071 SH DATEO SEPTEMBER 26,
SUl!VEYOO,
JERRY HINKLE El<CINEOc I'::\: "'
l
HINKLE SURVEYORS R. ANNE CAUUP, P.E.
ABSTRACT NO. J68 , THE SARAH GAINER SURVEY, ABSTRACT NO. J20, IN 2008, FOR TRAVlS COUNTY, TEXAS ANO FIRM f480094002SC DATED JUNE 19, 2012 FOR P.O. BOX 1027 CAU.UP ENCINEERIMC
TRAVlS COUNTY TEXAS AND BEING A PORTION OF TRACT 2 CONVEYED IN CALOWELL COUNTY, TEXAS; AND FIRM #48209COJ 1 SF DATED SEPTEMBER 2. 2005 FOR HAYS 1109 S. MAIN STRW 174 S. GUADALUPE STRm, SUITE 204 •'
WARRANTY DEEO RECORDEO IN DOCUMENT NO. 201J122J78 omCIAL PUBLIC
RECORDS, TRAVlS COUNTY TEXAS, ANO THE T.J . HATTON SURVEY A-121 , IN
CALOWELL COUNTY TEXAS ANO BEING A PORTION Of TRACT 1, 2, ANO J
COUNTY, TEXAS
JERRY HINKLE
REGISTERED PROFESSIONAL LANO SURVEYOR
DATE
THE SWPJ REQUIRES IMPLEMENTATION OF TEMPORARY ANO PERMANENT BEST
MANAGEMENT PRACTICES, INCLUDING EROSION AND SEDIMENT CONTROLS, FOR
PROTECTION OF STORM WATER RUNOFF QUALITY, IN ACCORDANCE WITH THE TRAVlS
COUNTY CODE.
8. EACH DWELLING UNIT SHALL BE INSTALLED WITH SPRINKLER SYSTEMS THAT COMPLY
WITH NFPA 1 JD SYSTEMS APPROVlEO BY THE TRAVIS COUNTY FIRE MARSHAL' S OFFICE
-
STATE Of TEXAS, NO. 5459 e. THE OWNER IS RESPONSIBLE FOR MAINTAINING AND OPERATING ALL PERMANENT
WATER CONTROLS IN COMPLIANCE WITH ALL APPLICABLE STANDARDS AND 9. GENERAL NOTES CONCERNING DRIVEWAYS:
REQUIREMENTS OF THE TRAVlS COUNTY COOE. SEE DOCUMENT_ _ .
STATE OF TEXAS f. AN ACTIVITY THAT MAY AOVlERSELY AFFECT A TREE Of EIGHT INCHES OR MORE IN a. DRIVEWAYS SHALL BE LOCATED NO CLOSER THAN SO FEET TO THE CORNER Of A
RIGHT Of WAY INTERSECTION.
COUNTY OF HAYS TRUNK DIAMETER (MEASURED AT fOUR FEET HEIGHT ABOVE THE GROVNO) IN A
b. IT IS DESIRABLE FOR DRIVEWAYS FOR INDIVIDUAL LOTS TO BE SPACED NO CLOSER
RIGHT-OF-WAY ACCEPTED FOR MAINTENANCE BY TRAVIS COUNTY MUST COMPLY
I, R. ANNE GALLUP, A REGISTEREO PROFESSIONAL ENGINEER. STATE OF THAN 100 FEET CENTERLINE TO CENTERLINE
WITH ALL STANDARDS ANO REQUIREMENTS IN THE TRAVIS COUNTY CODE.
TEXAS, HEREBY CERTIFY THAT THIS PLAT IS A TRUE ANO CORRECT g. A TRAVlS COUNTY DEVELOPMENT PERMIT IS REQUIRED PRIOR TO SITE
REPRESENTATION ANO THAT PROPER ENGINEERING CONSIDERATIONS HAVlE DEVELOPMENT. 1 0 . SIDEWALKS (TRAVIS COUNTY): PUBLIC SIOCWALKS, BUILT TO TRAVlS COUNTY
BEEN GIVEN TO THE DESIGN OF THE SUBDIVISION ANO COMPLIES AS STANDARDS, ARE REQUIREO ALONG THE FOLLOWING STREETS AS SHOWN BY A DOTTED
FOLLOWS:( 1) WITH THE ENGINEERING PORTIONS OF TRAVIS COUNTY CHAPTER J. GENERA! fASEMfNT NOTES· THE fOLLOWING CONOmONS LINE ON THE FACE Of THE PLAT: CANDlOE LANE AND UTOPIA AVENUE. THE SIDEWALKS
EASEMENTS RIGHT Of WAYS, ETC ., COULD EFFECT THIS PARCEL; ARE REQUIRED TO BE CONSTRUCTED BY THE PROPERTY OWNER AFTER THE ABUTTING
82 DEVELOPMENT REGULATIONS, ANO (2) WITH THE SUBDIVISION REGULATIONS
a . EASEMENT AND TELEPHONE LINES AND SYSTEMS EASEMENT TO CITY OF AUSTIN (TRACT ROADWAY IS IMPROVED AND CONCRETE CURBS ARE IN PLACE. FAILURE TO CONSTRUCT
FOR CALDWELL COUNTY.
ONE) RECORDED IN VOL 506 PG . 162, OEEO RECORDS CALOWELL COUNTY TEXAS. THE REQUIRED SIDEWALKS MAY RESULT IN WITHHOLDING OF CERTIFICATES OF OCCUPANCY,
BUILDING PERMITS, OR UTILITY CONNECTIONS BY THE GOVERNING BODY OR UTILITY
IN WITNESS THEREOF, MY HANO AND SEAL THIS THE - - - - DAY OF b . RIGHT Of WAY EASEMENT TO GOFORTH WATER SUPPLY CORP., (TRACT ONE ANO TRACT
COMPANY.
- - - -- · 2 0 _. TWO) RECORDED IN VOL 1DS PG. 541, omCIAL PUBLIC RECORDS OF CALDWELL
COUNTY, TEXAS.
c . RIGHT OF WAY TO TRAVIS COUNTY, TEXAS, (TRACT FOUR) RECORDED IN VOLUME 3426
PACE 1JJ8 OF THE OEEO OF RECORDS OF TRAVIS COUNTY, TEXAS.
d . EASEMENT FOR ELECTRIC ANO OR TELEPHONE LINES AND SYSTEMS TO THE CITY OF
R. ANNE GALLUP DATE AUSTIN (TRACT FOUR) RECORDED IN VOLUME 12402 PAGE 1446 OF THE REAL
REGISTERED PROFESSIONAL ENGINEER PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS.
STATE OF TEXAS, NO. 794JS
e. EASEMENT FOR WATER DISTRIBUTION AND APPURTENANCES (TRACT fOUR) TO GO
GALLUP ENGINEERING
FIRM REGISTRATION NO. F-2284
FORTH WATER SijPPLY CORP .. RECORDED IN VOLUME 12119 PAGE J2 REAL PROPERTY
RECORDS OF TRAVlS COUNTY, TEXAS.
Gallup
f. CHANNEL EASEMENT TO THE STATE OF TEXAS (TRACT TWO) 60' x1 so· RECOR0£D
IN VOLUME 201 PAGE SJ6 OF THE DEEO RECORDS OF CALDWELL COUNTY, TEXAS.
Engineerint,
"'. . ....,..._ .,.JJM
192
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-7"66
~~- ~
Of" 1
CALOWELL COUNlY ON- SITE WASTEWAT£R PROGRAM PLAT NOTES TRAVIS COUNTY ON - SITE WAST[WATER PROGRAM Pt.AT NOTES
,. NO STRUC"Tl.JRE IN THIS SUBDMSION SHALL BE OCCUPIED UNTIL CONNECTED TO A
PRIVATE ON-SITE WASTEWATER (SEPTIC) SYSTEM THAT H4S BEEN APPROVED ANO
LICENSED FOR OPERATION BY THE CALDWELL COUNl'Y ON-SITE WASTEWATER PROGRAM. 1. NO STRUCTURE IN THIS SUBDIVISION SHAU BE OCCUPIED UNTIL CONNECTED TO A
PUBLIC SEWER SYSTEM OR A PRIVATE ON-SITE WASTEWATER (SEPTIC) SYSTEM THAT HAS
2. THIS SUBDMSION IS SUBJECT TO ALL THE TERMS ANO CONDmONS OF STATE ANO BEEN APPROVED ANO LICENSED FOR OPERATION 8V THE TRAvtS COUNTY ON-SITT
COUNTY REOUIREM~ FOR SEPTIC SYSTEMS ANO ON-SITE SEWAGE FACILITIES. WASTEWATER PROCRAJ.t.
J. fACH RESIDENTIAL LOT IN THIS SUBDMSION IS RESTRICTED TO NO MORE THAN ONE 2. THIS SUBDIVISION IS SUBJECT TO All. THE TERMS AND CONomoNS OF CHAPTER •e.
..
SINGLE FAMILY DWEWNG PER ACRE. TRAVIS COUNTY CODE, RULES Of TRAVIS COUNTY, TEXAS FOR ON-SITE SEWAGE
FACILITIES. THESE RULES REQUIRE, AMONG OTHER THINGS, THAT A CONSTRUCTION
THESE RESTRICTIONS ARE ENFORCEABLE BY THE CALDWELL COUNTY ON-SITE PERMIT BE 08TAINED FROli.4 TRAVIS COUNTY BEFORE AN INDMOUAL ON-SITE SEWAGE
WASTEWA.TER PROCRAM. FACILITIES CAN BE CONSTRUCTED. ALTERED, MOD4FIED. OR REPAIRED IN THE SUBONISION
ANO THAT A LICENSE TO OPERATE BE 08TA1NEO FROM TRAVIS COUNTY BEFORE AN
INDMDLIAL ON-SITE SEWAGE FACILITIES CAN BE OPERATED IN THE SUBOMSION. ..f
J. EACH RESIDENTW. LOT IN THIS SUBOMSION IS RESTRICTED TO NO MORE THAN ONE
SINCLE FAMILY OWEWNG PER ACRE.
THE COUNTY IS NOT RESPONSIBLE FOR li4AINTENANCE Of PARKS, OPEN SPACE, OR DRAINAGE IN APPRCMNG THfS PLAT, THE COMMISSIONERS' COURT OF TRAVIS COUNTY. TEXAS. ASSUMES
EASEMENTS UNLESS OTHERWISE AGREED TO BY THE COlr,O,OSSIONERS COURT. NO OBLIGATION TO BUILD THE STREOS, RQt.05, ANO OTHER PUBLIC THOROUGHFARES SHOWN
ON THIS Pl.AT OR /t,HY BRIOCES OR CULVERTS IN CONNECTION THEREW1TH. THE BUILDING OF ROXIE WCINNIS TOM POPE, R.S., C.F.M.
NO LOT IN THts SUBDMSION SHAU. BE OCCUPIED UNTIL CONNECTED TO A MUNICIPAL WATER ALL STREETS. ROADS ANO OTHER PUBLIC THOROUGHFARES SHOWN ON THIS Pt.AT AND AU.. ASSISTANT DIRECTOR
DISTRIBUTION SYSTEM OR AN APPROVED ONSITE WATER WELL BRIDGES ANO CULVERTS NECESSARY TO BE CONSTRUCTED OR PLACE IN SUCH STREETS, ROADS, PLANNING & PUBLIC HEALTH SERVtCES HAYS COUNTY FLOODPLAIN ADMINISTRATOR
OR OTHER PUBLIC THOROUGHFARES OR IN CONNECTION THEREWITH, IS THE RESPONSIBILITY OF COUNTYWIDE OPERATIONS
THE OWNER AND/OR DEVELOPER OF THE TRACT Of LAND COVERED BY THIS PLAT IN
ACCORDANCE WITH PLANS AND SPECIFICATK>NS PRESCRIBED BY THE COliAMISSK>NERS' COURT Of
TRAVIS COUNTY, TEXAS.
Fl.000 STATEMENT:
THE OWNER(S) Of THE SUBOMSION SHALL CONSTRUCT THE SUBDIVISION'S STREET ANO
ACCORDING TO CALDWELL COUNTY DEVELOPMENT ORDINANCE SECTION l .6. 1 (t) FOR At('( LOT DRAINAGE IMPRCWEliAENTS (THE iMPROVEMENTS•) TO COUNTY STANDARDS IN ORDER FOR THE
SHOWN ON A SUBOMSION nNAL PLAT CONTAINING OR WITHIN THREE HUNDRED (JOO' ) Ft:ET OF COUNTY TO ACCEPT THE PUBLIC IMPROVEMENTS FOR MAINTENANCE OR TO RELEASE nSCAL
A FLOODPLAIN REQUIRES THAT THE LOWEST FINISHED FLOOR OF AN HABITABLE STRUCTURE BUILT SECURITY POSTED TO SECURE PRIVATE IMPROVEMENTS. TO SECURE THIS OBUCATION. THE DBM WAY PfBMIT NOTF
ON THAT LOT SHM..L BE AT l£AST TWO (2') FEET J,,,fJ(Nf_ THE • 100- YE'.AA n.ooo• LEVO.. AS OWNER(S) MUST POST FlSCAL SECURITY WITH THE COUNTY IN THE AMOUNT Of THE ESTIMATED
DETERMINED BY A PROffSSIONAL ENGINEER OR AS SHOWN ON FEW. FIRM MAPS. Nff COST OF THE IMPROVEMENTS. THE OWNER(S)' 06UCATION TO CONSTRUCT THE IMPROVEMENTS •1N ORDER TO PROMOTE SAFE USE OF ROADWAYS ANO PRESERVE THE CONDITlONS OF THE
STRUCTURES BUILT WITHIN THIS ZONE SHALL HAVE AN ELEVATION CERTIFlCATE PREPARED BY A TO COUNTY STANDARDS AND TO POST THE F1SCAL SECURITY TO SECURE SUCH CONSTRUCTK>N PUBLIC ~AYS, NO DRIVEWAY CONSTRUCTED ON AHY LOT WITHIN THIS SUBOMSION SHALL
PROFESSIONAL ENGINEER OR AN RPLS. IS A CONTINUING OBLIGATION BINDING ON THE OWNERS ANO THEIR SUCCESSORS AND ASSIGNS BE PERMITIEO TO ACCESS ONTO A PUBLIC ROAfJ#AY UNLESS (A) A PERMIT FOR USE OF THE
UNTIL THE PUBLIC lliAPROVEliAENTS H.'.VE BEEN ACCEPTED FOR W.INTEHANCE BY THE COUNTY, COUNTY Ro,,.JJ#AY RIGHT-OF- WAY H,\S BEEN ISSUED UNDER CHAPTER 7!11, ANO, (B) THE
OR THE PRIVATE IMPROVEMENTS HAVE BEEN CONSTRUCTED ANO ARE PERFORMING TO COUNTY DRIVEWAY SATISFlES THE 1,,ttNlWUM SPACING REQUIREMENTS SET FORTH IN CHAPTER 721 OF
STANDARDS. THE HAYS COUNTY DEVELOPt.lENT REGULATK>NS•
STATE OF TEXAS
COUNTY OF CALDWEl.l THE AIJTHORIZATION OF THIS PLAT BY THE COMMISSKlNERS' COURT FOR FILING OR THE
SUBSEQUENT ACCEPTANCE FOR MAINTE~E BY TRAVIS COUNTY, TEXAS, OF ROADS AND
I, CAROL HOLCOMB, CLERK OF THE COUNTY COURT, OF CALDWELL COUNTY, TEXAS. DO STREETS IN THE SUBOMSION DOES NOT OBLIGATE THE COUNlY TO 1NSTAlL STREET NAME
HEREBY CERTIFY TW.T ON THE - - - MY OF - -- • 20_ A.O., THE SIGNS OR ERECT TRAFTIC CONTROL SIGNS. SUCH AS SPEED LIMIT, STOP SIGNS. ANO YlELO
COMMISSIONERS' COURT OF CAL.DWELL COUNTY, TEXAS, PASSED AN OROER AUTHORIZING THE SIGNS, WHK:H IS CONSIDERED TO BE A PART OF THE DEVELOPER'S CONSTRUCTION .
STATE OF 1EXAS
FIUNC FOR RECORD OF THIS PLAT. AND THAT SAfD OROER WAS DUlY RECORDED IN THE COUNTY Of HAYS
li.41NVT£S Of SAID COURT. I, LIZ CONZALES, COUNTY Cl.£RK OF HAYS COUNTY, TEXAS, DO HEREBY
CERTIFY THAT THE _ _ DAY OF _ _ _ _ _ _. A.O. _ _ niE COMMISSIONERS
WITNESS MY HAND ANO SEAL OF OFFlCE OF THE COUNTY COURT OF SAID COUNTY. THE COURT OF HAYS COUNTY, TEXAS, PASSED AN ORDER AUTHORIZING THE FlLING FOR THE
_ _ DAY OF - - - -· 20 __ , A.O. RECORD Of THIS PLAT, ANO SAID ORDER Hol.S BEEN DULY ENTERED IN THE MINUTES Of
STATE OF' TEXAS THE SAID COURT BOOK _ _ PACE _ _
CAROL HOLCOMB, COUNTY CLERK, CAlDWELl COUNTY, TEXAS COUNTY OF TRAVIS
I, DANA O(BEAL.rlOIR. CLERK OF Tl-IE COUNTY COURT, Of TRAVIS COUNTY, TEXAS, DO HEREBY WITNESS MY HANO ANO SEAL Of OFTICE ll·US 'THE - - - OAY
CERTIFY THAT ON THE - - - DAY OF - - -• 20_, A.O., THE COMMISSIONERS' COURT OF ~~ - - - ~
OF TRAVIS COUNTY, TEXAS, PASSED AN ORDER AUTHORIZING THE FILING FOR RECORD OF THIS
PLAT, ANO THAT SAID OROER WAS DULY ENTERED IN THE MINUTES OF SAID COURT.
OEPUlY WITNESS MY HAND ANO SEAL OF omc:E OF THE COUNTY COURT Of SAID COUNTY, Tl-iE - -
DAY OF - - -- · 20_. A.O. ALBERT ·eERr COBB. M.O. LIZ CONZALES
COUNTY ..UOCE COUNTY CLERK
DANA DEBEAl.NOIR, COUNTY CLERK, TRAVIS COUNTY, TEXAS HAYS COUNTY, TEXAS
HAYS COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF CALOWELL
I, CAROL HOLCOliAB, CLERK OF CALOWELL COUNTY, TEXAS DO HEREBY CERTIFY THAT THE
FOREGOING INSTRUMENT OF WRITING ANO ITS CERTJFlCATE OF AUTHENTICATION WAS FILED FOR DEPUTY
RECORD IN MY OFFlCE ON THE - - - DAY OF , 20 _ _ A.O. AT STATE Of TEXAS
- - - O'C lock _,M.. DULY RECORDED ON THE _ _ _ MY Of , COUNTY OF t'AYS
2 0 - A.O. AT - - - O' Clock _ .M., OF SAID COUNTY AND STATE IN BOOK _ _ STATE OF TEXAS
ANO PAGE__ OF RECORD IN THE PL.AT RECORDS OF CALOWELL COUNTY. COUNTY Of TRAVIS I. LIZ CONZALES, CLERK OF HAYS COUNTY. TEXAS DO HEREBY CERTIFY THAT THE
FORECOINC INSTRUMENT Of wRmNC ANO ITS CERTIFICATE OF AUTHENTICATION WAS
WITNESS MY HAND AND SEAL OF' OffiCE OF THE COUNTY CLERK, THIS _ _ _ DAY OF I, DANA DEBEAIJIIOIR, CLERK Of TRAVIS COUNTY, TEXAS DO HERE8Y CERTIFY THAT THE Fll£D fOR RECORD IN MY OFflCE ON THE - - - DAY OF - - - • 20 _ _ ,
- - - -• 20 _ _ , A.O. FOREGOING tNSTRUl.tENT OF WRmNG AND ITS CERTIFICATE OF AUTHENTICATION WAS FILED FOR A.O. AT _ _ O'Clock_.li.4., IN THE PLAT RECORDS OF HAYS COUNTY, TEXAS, IN
RECORD IN MY OFTICE ON THE - - - ~y OF 20 _ _ A.O. AT - -- BOOK _ __ PACE(S) _ _ _ •
CAROL HOLCOMB, COUNTY CLERK O'Clock__.M., DULY RECORDED ON THE _ __ MY OF • zo_, A.O. AT
CALDWELL COUNTY, TEXAS - - - O" Clock _ .M., OF SAJO COUNTY ANO STATE IN DOCUMENT WITNESS MY HA.NO N-40 SEAL OF OfflCE. THIS _ _ _ DAY Of - - - -
NUMBER OFFlCIAl. PUBLIC RECORDS Of TRIMS COUNTY. 20 _ _ , A.O.
WITNESS MY HAND ANO SEAL OF OFFlCE OF THE COUNTY CLERK, THIS - --~y OF
- - - - • 20 _ _ , A.O.
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Z:\EI Dcndo\plat e-1 dorado-add hays.dwg
AGENDA ITEM REQUEST FORM
AGENDA ITEM
Discussion and possible action to execute an amended and restated Hays County Property Use Policy, and
Application, effective immediately.
SUMMARY
See the attached redline of Hays County Property Use Policy.
198
AMENDED AND RESTATED
PROPERTY USE POLICY
199
AMENDED AND RESTATED
PROPERTY USE POLICY
EFFECTIVE April 17, 2018
OVERVIEW
This Property Use Policy (“Policy”) is intended for use as a guide to the public and Hays County
staff regarding the use of Hays County Properties by other local governmental entities, private
entities, and citizens.
When used with good judgment and common sense, the Property Use Policy will enable the Hays
County staff to provide safe and reasonable access to County Properties for approved functions
and events. County staff involved in the granting of property use should be familiar with, and
adhere to, the guidelines set forth within this Property Use Policy. Staff cooperation is essential if
the County is to provide the most fair and open access to County Properties.
While this Policy does not answer all questions related to property use, it does provide the means
for all County employees to provide a consistent response to requests for use of County Properties,
and, in particular, the Historical Hays County Courthouse grounds.
This Property Use Policy is subject to revision. Circumstances and needs related to use of County
Properties can change on short notice. Though it may change from time to time, this Policy should
provide objective, equitable guidelines that can be followed by County staff.
A. DEFINITIONS. The following words and terms, when used in this Article I shall have the
following meanings, unless the context clearly indicates otherwise.
1. “General Function(s)” shall mean any activity held on the grounds involving twenty (20)
or fewer people that does not meet the definition of a Class I Event or Class II Event (e.g.
picnics, dog walking, picketing, etc.)
200
d) calls for the temporary, exclusive use of space on the Property.
5. “County Contact” shall mean the Hays County Judge Office, 111 E. San Antonio Street,
Suite 300, San Marcos, Texas, (512) 393-2205.
6. “County Properties” or “Property” shall mean any property owned or leased by Hays
County, a political subdivision of the State of Texas, on which a General Function or Event
may be held.
8. “Organizer” shall mean the individual or entity responsible for planning and hosting the
General Function or Event.
9. “Equipment” shall mean any material or tools such as; sand bags, cones, fencing, etc. that
is being utilized by or assisting an Event or Function.
10. “Cancellation by County” shall mean the decision to cancel and event or function due to
weather or other reasons as determined by the County. The County, by and through its
designated representative, shall provide written and/or verbal notice to the Organizer as
soon as reasonably possible of any need to cancel an Event or Function. In the event the
cancellation is weather related, the decision will be made as soon as possible for the safety
and welfare of the citizens of Hays County and the in the interest of property owned by
Hays County.
11. “Cancellation by Organizer” shall mean the decision and written notice by the Organizer
that an Event or Function will not take Place.
B. DOCUMENTARY REQUIREMENTS.
1. General Functions. No advanced written notice shall be required for General Functions.
3. Class II Events. At least five (5) days prior to a Class II Event, Organizers shall execute a
standard Class II License Agreement issued by Hays County, the contents of which shall
not require Organizers to secure Special Event Insurance, General Liability Insurance, or
the like.
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4. Class I Events. At least five (5) days prior to a Class I Event, Organizers shall execute a
standard Class I License Agreement issued by Hays County, the contents of which shall
require Organizers to secure Special Event Insurance, General Liability Insurance, or the
like.
1. Organizers of Class I and Class II Events may be required to submit a deposit, the amount
of which shall be set by the Hays County Judge. Deposits may be paid by Cashier’s Check
or Money Order and delivered to the County Contact no later than twenty-four (24) hours
prior to the Event. The County may deduct from the deposit:
a) the cost of damage to the County Properties that is a direct result from the event or
activity; and
b) the cost of extra labor directly attributable to the Event or activity.
2. Organizers will be held responsible for clean-up of the area, including the restrooms
located inside the Courthouse. Any deposit will be refunded following an inspection of the
area to determine that the area has been adequately cleaned. The deposit refund process
takes approximately two (2) weeks from the date of the event. A $25 per hour fee for clean-
up of the County Property will be charged, if necessary.
3. Violation of any of the County Policy will result in Event/Function cancellation and loss
of security deposit.
D. SECURITY.
Organizers of Events that anticipate one hundred (100) or more attendees shall be required to hire
one (1) officer to act as security during Event times. An Organizer may also be required to hire
security during set-up and clean-up times, before and after the Event. Organizers shall utilize off-
duty officers from the Hays County Sheriff’s Office or from a Constable’s office within Hays
County, as required by the Collective Bargaining Agreement between Hays County and the Hays
County Law Enforcement Association, as may be amended from time to time. Additional security
may be required if, in the opinion of the Hays County Judge’s Office, additional security is needed
for safety and/or protection of Hays County property.
E. MISCELLANEOUS PROVISIONS.
1. The individual granted authority to oversee a County Property under Article IV may, at
his/her own discretion, reasonably restrict the duration of any General Function or Event
held on that property.
2. The individual granted authority to oversee a County Property under Article IV may, at
his/her own discretion, reasonably dictate the times of day during which any General
Function or Event may be held on that property.
3. The individual granted authority to oversee a County Property under Article IV may, at
his/her own discretion, reasonably designate, by advanced written notice, a specific area or
areas on the Property within which any General Function or Event must be held on that
property.
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4. Approval of an Event or activity may not be granted if it is determined that the event:
5. Property use may not interfere with any Commissioners Court session or the regular use of
the County Properties for the transaction of regular County business. Use of County
property may be subject to content-neutral, security restrictions enforced by the Hays
County Sheriff’s Office or Hays County Constable’s Office.
6. Sound equipment, chairs, podiums, tents, or other equipment required for ceremonies,
presentations, performances, rallies, or press conferences must be approved in advance of
installation by the County Judge, but furnished and installed by the requesting party.
Installation approval is subject to inspection by County Staff and the County Fire Marshal.
7. The County may allow up to two (2) signs advertising an upcoming Event beginning two
(2) weeks prior to the Event. Location of signage shall be arranged through the Hays
County Judge’s Office and shall be determined based on a number of factors, including but
not limited to space needed for other Events and obstruction of views. Signs may be no
larger than 4’ x 10’. Any deposit required for the Event shall be paid prior to the placement
of signage under this Section.
8. Uses of County Property may not violate local, state or federal law. The time, place, and
manner of use of County Property may be subject to reasonable, content-neutral,
limitations and/or restrictions.
9. No signs, placards, or visual displays may be carried into the County Properties (inside
buildings) or placed on the County Properties. No signs, placards, or visual displays may
be attached to any part of the County Properties, including, but not limited to walls, fences,
lampposts, flagpoles, trees, etc., except as approved by the Hays County Judge’s Office.
10. No use of stakes, anchors or any other objects to secure tents or other equipment shall be
used. Tents and/or other equipment shall only be secured in place by sandbags.
11. Other than bathroom access, no use of the interior portions of a County Property shall be
allowed without sponsorship of the Event by a County Official Sponsor. A County Official
Sponsor, or that Sponsor’s designee, must be present at the Event.
13. No discharge of firearms is allowed on Hays County Properties without written consent of
the Hays County Judge after authorization by the Hays County Commissioners Court.
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14. Events/Functions may last no longer than three (3) consecutive days.
15. Equipment left overnight requires advance special approval from the Hays County Judge’s
Office.
16. Any Equipment that is helpful to an Event/Function will not be provided by the County,
and must not obstruct or damage walkways or property.
17. If inclement weather were to occur prior to an Event/Function, Organizers are responsible
for rescheduling a time to set up an Event/Function. If the Organizer desires to withdraw
their activity prior to the Event/Function, a full refund of the security deposit will be
allowed.
18. If an Event/Function exceeds a certain amount of bodies (which shall be determined by the
Hays County Judge’s Office), two (2) or more security guards will be required to be on the
premises.
19. Cancellation by an Organizer must be in writing and submitted to the Hays County Judge’s
Office at least two (2) days prior to the Event/Function.
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II. USE OF HAYS COUNTY PROPERTIES FOR PUBLIC ELECTIONS AND
POLLING LOCATIONS
A. AUTHORITY.
Pursuant to Chapter 61 of the Texas Elections Code (Code), as amended, Hays County enacts the
following policies and regulations concerning the time, place, and manner of electioneering on
county-owned property outside the area described in Section 61.003(a) of the Code which is within
100 feet of an outside door through which a voter may enter the building in which a polling place
is located. The regulations are not intended to and do not prohibit electioneering outside the 100
feet of an outside door through which a voter may enter the building in which a polling place is
located as described in Section 61.003(a) of the Code, but are to provide reasonable viewpoint-
neutral regulations for electioneering on property owned by Hays County that is outside the 100
feet radius as described in Section 61.003(a) of the Code.
B. DEFINITIONS.
For the purposes of this Article II, the following definitions apply:
1. “Camping” shall mean the posting of political signs, including the use of tents, chairs,
booths, tables or other furniture to post, use or distribute political signs or literature.
2. “Early Voting Period” means the period prescribed by Section 85.001 of the Texas Election
Code.
3. “Voting Period” shall mean the period beginning when the polls open for voting and ending
when the polls close or the last voter has voted, whichever is later.
4. “Runoff Election” shall mean any election held pursuant to Section Chapter 2,
Subchapter B of the Texas Election Code.
C. PURPOSE.
The purpose of this Article II is to provide reasonable regulations for electioneering on county
owned property when such property is used as an election polling place. The regulations contained
herein are to mitigate against any safety concerns, prevent damage to public property, and ensure
that the property is sufficiently available for the public.
D. REGULATIONS.
The following regulations are enacted, adopted and apply to property owned by Hays County that
is outside the 100 feet radius as described in Section 61.003(a) of the Code:
1. It shall be a violation of these regulations for any person to leave any campaign sign or
literature on county-owned property that is used as a polling place other than as follows:
a) For polling places that offer an Early voting Period and a Voting Period, beginning at
5:00 p.m. on the Friday before the start of the Early Voting Period and running through
the Voting Period and until 36 hours after the polls close for the designated Voting
Period;
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b) For polling places that only offer an Early Voting Period, beginning at 5:00 p.m. on the
Friday before the start of the Early Voting Period and running until 36 hours after the
polls close for the designated Early Voting Period;
c) For polling places that only offer a Voting Period, beginning at 5:00 p.m. on the Friday
before the start of the Voting Period and running until 36 hours after the polls close for
the designated Voting Period. Runoff Elections shall be treated as their own Voting
Period for the purposes of this Section.
3. It shall be a violation of these regulations for any person to attach, place or otherwise affix
any campaign sign literature or material to any building, tree, shrub, pole, fixture, or other
improvement on a premises used as a polling location. A violation of this Section by a
candidate or the agents of a candidate that results in damage to County property may result
in financial liability of the candidate and action by the County to recover the costs of
damages.
4. It shall be a violation of these regulations for any person to place a sign in the right-of-way
of the public road way adjacent to county-owned property where a polling location is
located pursuant to Texas Transportation Code, Section 393.002. Violation of this
regulation is also a violation of state law, and the violator may be charged with a Class C
Misdemeanor.
5. Placement of signage requiring a metal T-post or stake that has to be driven into the ground
for support will only be allowed in designated areas to protect irrigation systems and
landscaping. The Hays County Commissioners Court shall designate these areas and make
copies of such designations available in advance of the period in which electioneering is
permitted under Regulation 1. A violation of this Section by a candidate or the agents of a
candidate that results in damage to County property may result in financial liability of the
candidate and action by the County to recover the costs of damages.
6. Tents, covered canopies or any other camping structures that are anchored to the ground
may not be placed on a premises used as a polling location.
7. The Hays County Commissioners Court reserves the right to institute parking regulations
within the parking lot(s) of any County-owned property, which may affect the duration of
time a vehicle, including but not limited to vehicles to which campaign signs are attached,
may remain on a premises used as a polling location.
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8. This Article II relates only to signage that qualifies as Political Advertising as defined by
Title 15 of the Texas Election Code. Placement of signage that is not Political Advertising
on Hays County property may be regulated by the general provisions of the Hays County
Property Use Policies under Article I, and therefore may be subject to an application
procedure in advance of posting.
E. VIOLATIONS.
1. Any violation of these policies and regulations may result in the removal of items from the
premises being used as a polling location. Items removed under these policies and
regulations will be held for a minimum of 72 hours after removal and a Hays County
representative will attempt to contact the candidate or entity that is believed to own such
an item. However, it is not the responsibility of Hays County to ensure any candidate or
entity is actually notified of the removal of items, and items may be discarded or destroyed
after a period of 72 hours from the time of removal.
2. Individuals found to be violating these policies and regulations will be asked to cease and
desist the volatile activity. If that individual continues to violate these policies and
regulations, he/she may be provided with a Criminal Trespass Warning and ordered to
leave the premises being used as a polling location. Recipients of a Criminal Trespass
Warning who return to the premises in violation of the terms of said Warning may be
subject to arrest.
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III. USE OF HAYS COUNTY PROPERTY FOR PUBLIC DISPLAYS, FIXTURES OR
SYMBOLS
A. DEFINTIONS.
For the purposes of this Article III, the following definitions apply:
3. “Equipment” shall mean any material or tools; such as sand bags, cinderblocks, canopies,
that will assist and/or is helpful to the structure of a Display, Fixture, or Symbol.
4. “Organizer” shall mean the individual or entity responsible for representing, planning and
installing a Display, Fixture, or Symbol.
B. PURPOSE.
The purpose of this Article III is to provide reasonable regulation of citizens using county-owned
property. Regulation of Public Displays, Fixtures, or Symbols shall be content neutral. The
regulations contained herein are intended to mitigate against any safety concerns, prevent damage
to public property, and ensure that the property is sufficiently available for the public.
C. DOCUMENTARY REQUIRMENTS.
1. Display, Fixture, or Symbol. At least 7 days prior to its initial installation, an Organizer
shall execute a standard Class I License Agreement issued by the Hays County Judge’s
Office, the contents of which shall require the Organizer to secure Special Event Insurance,
General Liability Insurance, or the like. An Organizer is required to state what the content
of the Display, Fixture, or Symbol will be, stating that Hays County is not liable for any
damages that the Display, Fixture, or Symbol may incur during its placement on Hays
County Property. An Organizer shall place a sign on the Display, Fixture, or Symbol
disclaiming an endorsement or participation by the County.
a) The cost of damage to County Property that is a direct result from the Display, Fixture,
or Symbol; and
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b) The cost of extra labor to directly attributable to the damage caused by the Display,
Fixture, or Symbol.
2. The deposit refund process takes approximately two (2) weeks from the date of the event.
A $25 per hour fee for clean-up of the County Property will be charged if necessary.
3. Any violation of these policies and regulations may result in the removal of the Display,
Fixture or Symbol from the premises. Items removed under these policies and regulations
will be held for a minimum of 72 hours after removal and a Hays County representative
will attempt to contact the Organizer that is believed to own the Display, Fixture, or
Symbol. However, it is not the responsibility of Hays County to ensure any Organizer is
actually notified of the removal of the Display, Fixture or Symbol, and the Display, Fixture
or Symbol may be discarded or destroyed after a period of 72 hours from the time of
removal.
E. REGULATIONS.
1. Displays, Fixtures, or Symbols may only be installed after execution of a Standard Class I
License Agreement.
2. Approval may not be granted if it is determined that the Display, Fixture, or Symbol:
4. Displays, Fixtures, or Symbols that are placed on County Property shall be for a duration
of no more than 10 days from initial placement.
5. Any Equipment that assists the structure of a Display, Fixture, or Symbol will not be
provided by the County, and must not obstruct sidewalks or pathways.
6. In the event of inclement weather, Displays, Fixtures, or Symbols may be taken down and
stored away by a county employee to prevent damage to County property.
a) If inclement weather were to occur prior to a Display, Fixture, or Symbol set up, the
County may require postponement of the installation. Organizers are responsible for
rescheduling a time to set up their Display, Fixture, or Symbol. If an Organizer wishes
to withdraw the installation, a full refund of the security deposit will be provided.
7. A Display, Fixture, or Symbol’s dimension shall not exceed past the dimension of the
designated area. However, the Hays County Judge’s Office shall determine the appropriate
dimensions of the Display, Fixture, or Symbol.
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8. Sound equipment, chairs, podiums, tents, or other equipment required for a Display, Fixture,
or Symbol must be approved by the Hays County Judge’s Office in advance of installation,
and must be furnished and installed by the requesting party. Installation approval is subject
to inspection by County Staff and the County Fire Marshal.
9. The Location designated for Displays, Fixtures, and Symbols is located in Quadrant 4 of
the Hays County Courthouse (See Diagram 1 attached hereto).
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IV. HAYS COUNTY PROPERTY USE OVERSIGHT
Subject to the provisions above, the following individuals are hereby granted the authority to
oversee the use of the following Properties. Use of any County Property not enumerated below
shall be considered under the authority and oversight of the County Judge. Some County Properties
(e.g. the Hays County Government Center) are not considered Traditional Public Forums, and use
of those Properties will be determined by the limitations of that particular forum.
11. Hays County Government Center County Judge Bert Cobb, M.D.
712 South Stagecoach Trail (or successor)
San Marcos, Texas 78666
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12. 401 North Rebel Drive Commissioner Ray Whisenant
Buda, Texas 78640 (or successor)
**The Hays County Sheriff shall have authority over all activities and functions that do not rise to
the level of an “Event,” as defined above. All Events held at the Hays County Jail and Sheriff’s
Office shall be subject to the authority and oversight of the Hays County Judge and/or the Hays
County Commissioners Court.
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APPLICATION FOR FUNCTIONS / EVENTS ON HAYS COUNTY PROPERTY
COUNTY CONTACT:
Miranda Gomez, <miranda.gomez@co.hays.tx.us> or call (512) 393-2205
Instructions: Before filling out this application, please read the Property Use Policy. Please complete
the section of this application that relates to your request:
~OR~
Section B. ARTICLE III. – USE OF HAYS COUNTY PROPERTY FOR PUBLIC DISPLAYS,
FIXTURES OR SYMBOLS
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9. Type of Event to be held. (See Amended and Restated Property Use Policy, Article I. A. & B.
(Please indicate Event Category by checking box):
□ a). 2. Ceremonial Function – Property Use Application shall be provided to the County
Contact at least seven (7) business days prior to the Function. (Hays County reserves
the right to designate, by advanced written notice, a specific area on the Property
which the Function must be held).
□ b). 3. Class II Event – Property Use Application shall be provided to the County
Contact at least ten (5) days prior to the Event.
□ c). 4. Class I Event - Property Use Application shall be provided to the County Contact
at least ten (5) days prior to the Event. (Requires Special Event Insurance, General
Liability Insurance, or other applicable insurance, which shall be submitted to the
County Contact along with your application. Questions about type and amount of
insurance required can be directed to the County Contact by calling (512) 393-
2205).
10. Description of Event: (e.g., press conference, rally, public performance, etc. Please be specific and
provide copy or draft of program, if available.): _______________________________________________
_____________________________________________________________________________________
12. Please choose which Quadrant of the courthouse grounds you desire for your event. (see Diagram 1,
item #3 on website).
Quadrant 1 □ Quadrant 2 □ Quadrant 3 □ Quadrant 4 □ All four Quadrants □
13. Please list all equipment and other items (e.g., electrical, tents, chairs, displays, etc.) that will be
provided by the organizer and used during event by the Event Holder/Organization:
_____________________________________________________________________________________
_____________________________________________________________________________________
14. Number of persons expected to attend: ___________. The number of people expected to attend also
determines the “Type of Event.” (see paragraph 9 of this application).
15. If you anticipate 100 or more people, please choose either box (a) or box (b). Please note: Additional
security may be required if, in the opinion of the Hays County Judge’s Office, additional security is
needed for safety and/or protection of Hays County property. (See Amended and Restated Property
Use Policy, Article I. D. Security):
□ a). Hays Co. Constable’s Office (contact Deputy Greg Grumbles at 512-214-5596 or
Deputy Eric Villalpando at 512-618-9277); or
□ b). Hays Co. Sheriff’s Department (contact Lt. Dennis Gutierrez – 512-393-7877)
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16. Provide a copy of the security provider’s invoice for your event’s security services to the County
Contact along with your application. (If no invoice is available, please have the security provider send an
email message to the County Contact stating that they will be providing security services for your event and
include the date(s) and time(s)).
17. Please use this space to list any miscellaneous information you wish to be considered in your
application: ___________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
18. Submit your deposit to the County Contact, no later than 24 hours prior to the Event, in the amount of
$250.00 made payable to “Hays County” in the form of a Cashier’s Check or Money Order. (See Amended
and Restated Property Use Policy, Article 1. C. Deposit for Use of County Properties).
===========================================================================
B. ARTICLE III – USE OF HAYS COUNTY PROPERTY FOR PUBLIC DISPLAYS,
FIXTURES OR SYMBOLS
I HAVE READ AND UNDERSTAND THE PROPERTY USE POLICY. I UNDERSTAND THAT
ALL EVENTS ARE SUBJECT TO CANCELLATION. I ALSO UNDERSTAND THAT, IN THE
EVENT OF INCLEMENT WEATHER, THE COUNTY MAY NOT PROVIDE ALTERNATE
EVENT LOCATIONS AND THAT THE COUNTY MAY PROHIBIT A TENT FROM BEING
PLACED ON THE GROUNDS. IN ADDITION, I UNDERSTAND THAT I AM RESPONSIBLE
FOR ANY DAMAGES TO THE BUILDING OR GROUNDS AS A RESULT OF MY EVENT.
______________________________________ ___________________________________________
Event Holder Signature Date
______________________________________________ ___________________________________________________
Printed Name of Event Holder Name of Organization
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AGENDA ITEM REQUEST FORM
AGENDA ITEM
Discussion and possible action to authorize payment to the City of San Marcos for the Impact Fees for the Hays
County Public Safety Bond Program.
SUMMARY
City of San Marcos Impact Fees for the Public Safety Bond Program. The total fee is $400,486.00 – see
breakdown per project below. The TPC included a budget of $231,147.00 for this fee; therefore, the remaining
$169,339 will be funded from Owner’s Contingency. The attached document outlines the calculations used to
determine the fees verses the actual costs billed by the city.
PSB: Fees are $110,936; thus, $1,184 will be funded from contingency.
Uhland: Fees are $289,550; thus, $168,155 will be funded from contingency.
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Project Name: Hays County Jail Calculated By: Elizabeth Ehlers
Site Permit : 2017-22127 Date: 09.06.17
Building Permit: 2017-22167
Water Impact Fee Rate: 2285 Waste Water Impact Fee Rate: 3506
Irrigation Fee Rate: 2285
Meter #1
SUES: 50
Total Water Impact Fee $114,250.00 Total Waste Water Impact Fee $175,300.00
Meter #2
Meter Size #1 0
SUES: 0
Total Water Impact Fee $0.00 Total Waste Water Impact Fee $0.00
.
Irrigation Meter
Meter Size #1 0
SUES: 0
Water Impact Fee Rate: 2285 Waste Water Impact Fee Rate: 3506
Irrigation Fee Rate: 2285
Meter #1
SUES: 16
Total Water Impact Fee $36,560.00 Total Waste Water Impact Fee $56,096.00
Meter #2
Meter Size #1 0
SUES: 0
Total Water Impact Fee $0.00 Total Waste Water Impact Fee $0.00
.
Irrigation Meter
SUES: 8
Uhland Site:
1. For the Uhland Site, we have $121,395 budgeted for impact fees. Budgeted impact fees were
based off of Schedule 2 due to discussions with the City of San Marcos (CoSM) during
programming. Per the attached CoSM Schedule 2, impact fee rates are not based off of meter
size, and only based off of LUEs (Living Units Equivalent) per meter.
2. Actual impact fees per City of San Marcos is $289,550. The ‘Hays County Jail Impact Fee
Worksheet’ provided by the CoSM (Elizabeth Ehlers) on September 9, 2017, identifies that the
impact fees were based on the 6” compound meter for both water and wastewater for a total of
$289,550. Delta of $168,155 over budget.
1. For the PSB, we have $109,752 budgeted for impact fees. The budget was based off of Schedule
1- 2002 Fees. The site was platted in 2010, which fell between the 2002 and 2013 fee schedules,
thus we were directed by the CoSM to use 2002 rates. (This direction has sense changed based
off of the recent CoSM worksheet we received for the Uhland Site on September 9, 2017.) During
programming, the engineers provided estimated loads and meter sizes. We assumed a 3” turbine
meter for domestic water and a 1 ½” meter for irrigation for budgeting purposes.
2. Revised estimated impact fees are $110,936. We have not received updated fees from the city
for the PSB yet; however, in anticipation of the revised fees following the method used by the
CoSM for the Uhland Site, the revised PSB impact fees are below. The plans currently show a 3”
compound meter for domestic water and a 2” meter for irrigation. Thus, based on the Schedule
1 - 2013 rates, the revised estimated impact fees are $110,936. Delta of $1,184 over budget.
Enclosed Attachments: CoSM Impact Fee Ordinance (2014) Fee Schedule, CoSM Impact Fee Rates,
2017.09.09 Hays County Jail Impact Fee Worksheet
11/21/2017
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220
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SCHEDULE 2
Actual Imoact Fee Amount
Per Service Unit
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Project Name: Hays County Jail Calculated By: Elizabeth Ehlers
Site Permit : 2017-22127 Date: 09.06.17
Building Permit: 2017-22167
Water Impact Fee Rate: 2285 Waste Water Impact Fee Rate: 3506
Irrigation Fee Rate: 2285
Meter #1
SUES: 50
Total Water Impact Fee $114,250.00 Total Waste Water Impact Fee $175,300.00
Meter #2
Meter Size #1 0
SUES: 0
Total Water Impact Fee $0.00 Total Waste Water Impact Fee $0.00
.
Irrigation Meter
Meter Size #1 0
SUES: 0
AGENDA ITEM
Discussion and possible action to authorize the execution of a Professional Services Agreement (PSA) with Halff
and Associates for advancements to the Hays County Flood Warning System.
SUMMARY
Through the partnership with the Texas Water Development Board in a grant allocation, the Office of Emergency
Services is requesting to advance the Flood Warning System with the development of stage-discharge rating
curves, frequency based flood inundation mapping for the Blanco River and Cypress Creek, and web enhancement
tools allowing for better situational awareness during flood events. Funding is available through an existing grant,
no additional funds are being requested.
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PROFESSIONAL SERVICES AGREEMENT
HAYS COUNTY, TEXAS
HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with
administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Halff
Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 9500
Amberglen Blvd., Building F, Suite 125 , Austin , Texas 78729, hereby enter into this Professional
Services Agreement (hereinafter “Agreement”) effective the ___ day of _________, 2018
(hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this
Agreement” or “the parties”) agree as follows:
1. OVERVIEW
Contractor has been requested by the County to perform professional services related the Hays
County Flood Monitoring System. The project scope of work is provided in Exhibit “A”. The
associated fee schedule and hourly rates are provided in Exhibit “B”.
2. SERVICES
Contractor agrees to perform services for the County in accordance with the County’s instructions
and, in particular, the instructions of Kharley Smith and/or legal counsel for the Hays County
Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions
of this Agreement. The Scope of Services shall be limited to those services and terms attached
hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto
and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the
Work required under this Agreement (by adding or removing specific services and/or terms
enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement
may also be amended to conform with the change in Scope of Services, as agreed by the parties.
3. ADDITIONAL TERMS
Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit
“C”, attached hereto.
4. DURATION
The parties agree that the Work shall be completed ninety-five (95) days after commencement
date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the
Work by the Completion Date, Contractor shall request an extension of the Completion Date in
writing no later than fifteen (15) business days prior to the Completion Date. The County may
grant extensions of the Completion Date for all reasonable extension requests and shall do so in
writing.
5. COMPENSATION
Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are
cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference
to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this
Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree that the
County shall pay Contractor a total fee not to exceed one hundred thousand nine hundred and
eighty-nine dollars ($100,989 USD) for the Work under this Agreement.
7. NOTICE OF COMPLETION
Upon completion of the Work, Contractor shall send a Notice of Completion to the County in
writing, and the County shall have the option to inspect the Work (or the product thereof) before
it is considered complete under this Agreement. If the County is satisfied that the Work under this
Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing.
If, after inspection, the County does not agree that the Work is complete or believes that the Work
is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific
aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the
County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either
an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be
considered complete.
8. NOTICE (GENERAL)
All notices issued by Contractor under or regarding this Agreement shall be provided in writing
to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos,
Texas 78666; <bert.cobb@co.hays.tx.us>.
All notices issued by the County under or regarding this Agreement shall be provided in writing
to Contractor at its primary place of business.
Notices from one party to another under this Section may be made by U.S. Mail, parcel post,
Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses
cited above.
9. INSURANCE
Contractor agrees that, during the performance of all terms and conditions of this Agreement, from
the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this
Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole
expense, provide and maintain Commercial General Liability insurance that meets or exceeds the
industry standard for professional services providers in Contractor’s field of employment and for
the type of services that are being performed by Contractor under this Agreement. Such insurance
coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover
all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-
contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated
in the policy. A copy of the current Certificate of Liability Insurance is attached hereto as Exhibit
“D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY
within seven (7) of the new policy date at the following address: Office of General County, Hays
County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666.
So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled
nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect
12. SURVIVAL
Notwithstanding any termination of this Agreement, the following Sections, and the terms and
conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and
22.
14. SEVERABILITY
If any Section or provision of this Agreement is held to be invalid or void, the other Sections and
provisions of this Agreement shall remain in full force and effect to the greatest extent as is
possible, and all remaining Sections or provisions of this Agreement shall be construed so that
they are as consistent with the parties’ intents as possible.
19. ASSIGNMENT
Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations
under this Agreement, in whole or in part, without the other party’s prior written consent thereto.
___________________________ ___________________________
Hays County, Texas Contractor - Halff Associates, Inc.
Scope of Work
Introduction:
Following the award of a Texas Water Development Board Flood Protection Grant for a Flood Early
Warning System, Hays County has requested a proposal to support the efforts of Water & Earth
Technologies, Inc. (WET) and augment the existing web map applications Halff is hosting for Hays County.
Halff, at the direction of the County, will coordinate and work with WET to provide services to support the
development and use of the Hays County Flood Early Warning System. This will serve as the initial phase
of the Hays County Flood Monitoring System support.
Scope of Work:
Task 1: Project Management
Halff project management activities shall include task leadership and direction, monthly project
update meetings, monthly project status reports, telephone and written communication as needed,
project schedule development and update as needed, personnel and data management among other
general project management activities.
Kick‐off meeting with the County EMC and WET project manager to confirm the objectives and
deliverables.
Meet with the County and WET to review final deliverables.
Progress reporting and invoicing for project.
Task 2: Gage Installation Support
WET was selected by Hays County to install and implement the flood early warning gage network. At
the direction of the County, Halff will provide support services to the County and WET for the
installation of new gages. In coordination with Hays County, Halff will generate rating curves for 16
stream gages as displayed in the map below.
Obtain field survey of each site to correlate the gage datum to the County’s available HEC‐RAS
models.
Obtain field survey for a hydraulic cross‐section for incorporation into the hydraulic model that
will be used to establish the rating curve.
Utilize the updated hydraulic model to develop stage‐discharge and stage‐velocity relationships
for each gage location.
Prepare a documentation memorandum explaining the gage rating survey, assumptions, existing
conditions, and results.
Task 3: Web Map Enhancements
At the direction of the County, Halff will enhance the existing Web Maps and associated services
hosted by Halff (https://haysco.halff.com) to support and work with the web based applications
provided by WET.
Add the GIS layer representing the flood monitoring gage locations to the existing web maps.
Publish the existing GIS reference layers hosted by Halff as KML services for use by WET.
Provide a direct link between the secured web map hosted by Halff to the database application
hosted by WET
Add the real‐time radar rainfall image published by the NWS and support looping
Add the NWS HRAP grid with precipitation accumulation values
Task 4: Development of Monitoring Tools
At the direction of the County, Halff will develop flood inundation mapping to enhance the secured
web map. The inundation mapping will build upon Task 3 to provide estimates of the flood inundation
extents based on the flood stage reported through the gaging network.
Develop flood inundation mapping based on frequency return intervals along the Blanco River,
Cypress Creek, and Lower Sink Creek Tributary 1, totaling 56 miles associated with 11 gages
(includes 5 USGS gages).
- Halff will use the existing hydraulic models to generate inundation mapping for the 2, 5,
10, 25, 50, 100, 250, and 500‐year events
- Inundation mapping will be generated to match the extent of the hydraulic models
Coordinate with WET to access the reported stage from the gages located at low water crossings
and the reservoir gages.
Enhance the Secured Web Map with monitoring tools.
- Halff will add the flood inundation areas to the web map.
- The web map will provide tools to display flood inundation areas and data based on
reported gage readings.
- Reservoir level notifications will be incorporated to indicate when auxiliary spillways will
be engaged and display rising or falling conditions based on reported inflows to the
reservoir. Reservoir rising and falling will be based on recorded stage readings using the
last 3 measurements. This estimation does not account for rainfall conditions.
Meet with the County to demonstrate and review the functionality of the web‐mapping system
and make necessary updates to the site based on recommendations from the County.
Deliverables:
Gage Installation Support memorandum explaining the gage rating survey, assumptions, existing
conditions, and results.
Brief memorandum explaining the data development and web map services.
Floodplain shapefiles associated with the monitoring tools.
Note: Phase 1 services include the development of rating curves for the green gage locations and
monitoring tools for the red stream centerlines.
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EXHIBIT “C”
A. Replace Section 4. Duration in its entirety with the following: The parties agree that the
Work shall be performed in a manner consistent with the applicable standard of care and that
Consultant shall use reasonable efforts to complete the services consistent with the detailed
project schedule included in Exhibit “E”(hereinafter the “Completion Date”). In the event that
Contractor is unable to complete the Work by the Completion Date, Contractor shall request
an extension of the Completion Date in writing no later than fifteen (15) business days prior to
the Completion Date. The County may grant extensions of the Completion Date for all
reasonable extension requests and shall do so in writing.
B. Replace Section 9. Insurance in its entirety with the following: Contractor agrees that,
during the performance of all terms and conditions of this Agreement, from the Effective Date
until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is
otherwise considered completed as a matter of law, Contractor shall, at its sole expense,
provide and maintain Commercial General Liability insurance that meets or exceeds the
industry standard for professional services providers in Contractor’s field of employment and
for the type of services that are being performed by Contractor under this Agreement. Such
insurance coverage shall specifically name the COUNTY as an additional insured (also
referred to herein as “co-insured”). This insurance coverage shall cover all perils arising from
the activities of Contractor, its officers, directors, employees, agents or sub-contractors,
relative to this Agreement. Contractor shall be responsible for any deductibles stated in the
policy. A copy of the current Certificate of Liability Insurance is attached hereto as Exhibit
“D”. A true copy of each new Certificate of Liability Insurance shall be provided to the
COUNTY within seven (7) of the new policy date at the following address: Office of General
County, Hays County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666.
C. Replace 1st paragraph of Section 10. Mutual Indemnity in its entirety with the following:
Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
County, its officers, directors and employees against all damages, liabilities or costs, including
reimbursement of County’s reasonable attorney’s fees in proportion to the Contractor’s
liability, to the extent caused by Contractor’s negligent performance of the Work under this
Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or
legally liable.
D. Replace Section 22. Work Product in its entirety with the following: Upon Consultant’s
completion of the professional services that are the subject of this Agreement and Consultant’s
receipt of payment in full for said services, Consultant agrees that the final instruments
representing Consultant’s professional services, whether in the form of calculations, letters,
findings, opinions, or the like, shall be provided to County and County will have, in the form
of a non-exclusive license, and that such license shall permit County to perform each and every
right necessary for County to perform its duties to the public, including the rights of possession
and unlimited use for the purposes of reviewing, bidding, constructing, operating and
maintaining the improvements, if any, envisioned by such instruments. Contractor shall have
E.____________________________________________________________________________
__________________________________________________
F.____________________________________________________________________________
__________________________________________________
G.___________________________________________________________________________
___________________________________________________
H.___________________________________________________________________________
___________________________________________________
Certificate of Insurance
Duration
Start Finish
Task (days)
Notice to Proceed 1 23‐Apr‐18
1 General Project Management 95 23‐Apr‐18 3‐Sep‐18
2 Gage Installation Support 55 15‐Apr‐18 9‐Jul‐18
3 Web Map Enhancements 40 9‐Jul‐18 3‐Sep‐18
4 Development of Monitoring Tools 95 23‐Apr‐18 3‐Sep‐18
AGENDA ITEM
Discussion and possible action to authorize the execution of a Professional Services Agreement (PSA) with Water
and Earth Technologies for the installation of five low water crossing gages/warning systems throughout Hays
County.
SUMMARY
Requesting the execution of a PSA to move into the next phase of the Hays Flood Warning project through the
installation of five new sites providing situational awareness during flood events. These sites are an addition to the
monitors at 22 low water crossings and 5 dams that currently make up the Hays County Flood Warning System.
Project was budgeted in FY18, no additional funds are being requested.
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AGREEMENT RELATED TO INSTALLATION OF LOW-WATER CROSSING
WARNING SYSTEMS WITHIN HAYS COUNTY, TEXAS
THIS AGREEMENT, made this the by and between Hays County, a political
subdivision of the State of Texas (hereinafter called OWNER, COUNTY, or CONTRACTING
LOCAL ORGANIZATION) and Water and Earth Technologies, Inc., whose primary place of
business is 1225 Red Cedar Circle, Suite A, Fort Collins, Colorado 80524 (hereinafter called
CONTRACTOR).
WITNESSETH THAT:
WHEREAS, Contractor, in response to the Invitation for Proposal No. 2016-P11 – Countywide
Low Water Crossing Warning System and Detention Basin Monitoring Work, in the manner and
at the time specified, submitted a Proposal in accordance with Instructions to Proposers; and
WHEREAS, Owner, in compliance with Chapter 262 of the Texas Local Government Code, has
reviewed Proposals and has selected Contractor and negotiated the terms of this Agreement; and
WHEREAS, Owner wishes to commence work and have it completed, by way of Task Orders,
over FY2018.
ARTICLE I. Contractor shall perform all work, including the assumption of all obligations, duties
and responsibilities necessary to the successful completion of the contract and the furnishing of all
materials and equipment required to be incorporated into and form a permanent part of the work;
tools, equipment, supplies, transportation, facilities, labor, superintendence and services required
to perform the work; and letter of credit (LOC), insurance and submittals; all as indicated or
specified in the contract documents to be performed or furnished by Contractor for the work
included in and covered by Owner’s official award of this contract to Contractor, such award being
based on the acceptance by Owner of Contractor’s Proposal, as adjusted during the contract
negotiation.
ARTICLE II. Owner shall pay to Contractor for performance of the work described in this
contract, and Contractor shall accept as full compensation therefor, a sum (subject to adjustment
as provided in the contract documents) not to exceed Three Hundred Fifty-Three Thousand Four
Hundred Forty-Five Dollars ($353,445) for all work covered by and included in Contractor’s
Proposal, as adjusted during contract negotiation, and designated in the foregoing Article I;
payment thereof to be made in current funds in the manner provided in the contract documents.
The entirety of work embraced in this Contract shall be completed and delivered on a task order
basis. The amount of any single task order shall not exceed a sum of One Hundred-Fifty-Thousand
Dollars ($ 150,000). Task orders shall be developed and approved by the Contracting Officer and
shall include specific deliverables for acceptance prior to the initiation of subsequent task orders.
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ARTICLE III. The Contractor shall complete all work by September 31st 2018, unless otherwise
agreed by the Parties in writing. The County shall secure and pay for necessary permits, approvals,
and easements required for performance of the work by the Contractor. The County shall furnish
any information relevant to the Contractor’s performance of the work with reasonable promptness
after receiving a request from the Contractor.
ARTICLE IV. Notice. Any notice required or desired to be given by the parties hereto shall be in
writing and may be personally delivered; mailed, certified mail, return receipt requested; sent by
telephone facsimile with a hard copy sent by regular mail; sent by a nationally recognized receipted
overnight delivery service for earliest delivery the next business day; or sent by electronic mail with
a hard copy sent by regular mail. Any such notice shall be deemed given when personally delivered;
if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by
telephone facsimile or electronic mail, on the day sent if sent on a business day during regular business
hours (9 a.m. to 5 p.m.) of the recipient, otherwise on the next business day; or if sent by overnight
delivery service, one (1) business day after deposit in the custody of the delivery service. The
addresses, telephone numbers, and electronic mail addresses for the mailing, transmitting, or
delivering of notices shall be as follows:
Hays County
Attn: Mark Kennedy
General Counsel
111 E. San Antonio, Suite 202
San Marcos, Texas 78666
Phone: (512) 393-2219
Email: mark.kennedy@co.hays.tx.us
Notice of a change of address of either party shall be given in the same manner as all other
notices as hereinabove provided.
ARTICLE V. The contract documents, which are incorporated into the Contract between Owner
and Contractor and which are attached hereto and made a part hereof, consist of the following:
(1) PART I.A – Contractor’s Final Proposal Detailing Costs Associated with Selected Sites.
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(2) PART I.B – Applicable Proposal information and supplementary information submitted by
Contractor prior to execution of this Contract Agreement.
(3) PART II – General Conditions.
(4) PART III – Supplemental Conditions.
(5) PART IV – Construction Specifications.
(6) PART V – Notice to Proceed.
(7) PART VI – Any modifications (change orders) duly delivered or supplemental agreements
duly entered into after execution of this Contract Agreement.
(8) PART VII – Notices of Final Completion and Acceptance.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
OWNER Hays County Texas CONTRACTOR Water and Earth Technologies, Inc.
By ____________________________ By _________________________________
Judge Bert Cobb, M.D. Name:
Hays County Judge Title:
Attest _______________________________
Liz Q. Gonzalez
Hays County Clerk
___________________________________
NOTARY PUBLIC, State of ___________
243
PART I.A
Contractor's Final Proposal
244
PART I.B
Supplementary Information Submitted by Contractor
(This Section May Contain No Information if None Was Submitted)
245
PART II
General Conditions.
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1. GENERAL DEFINITIONS:
(a) "Auditor" means the Hays County Auditor or his/her designee .
(b) "Commissioners Court" means Hays County Commissioners Court.
(c) "Contract" means the contract awarded pursuant to the Invitation for Bids.
(d) " Contractor" means a person or firm receiving an award of contract from Commissioners Court.
(e) "County" means Hays County, Texas, a political subdivisio n of the State of Texas.
(t) "County Building" means any County owned buildings and does not include buildings leased by County.
(g) "Ts doing business" and "has done business" mean :
( l) Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250
in the aggregate in exchange for personal services or for purchase of any property or property interest, either
real or personal , either legal or equitable; or
(2) Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal
obligation or debt with a value of more than $250 in the aggregate in a calendar year;
(3) But does not include any retail transaction for goods or services sold to a Key Contracting Person at a
posted, published, or marked price available to the general public.
(h) "Key Contracting Person" means any person or business li sted in Exhibit A to Affidavit.
(i) "Purchasing Manager" means the Hays County Purchasing Manager.
U) " Sub-contractor" means a person or firm doing business with a Contractor.
(k) "FOB" means Free on Board and indicates that the supplier pays shipping and insurance costs from the point of
manufacture or procurement to its specified destination, at which point the County will take responsibility.
2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by
Commiss ioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of
public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services
covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of
Hays County to be included in each proposed budget within the foreseeable future. County Comm issioners expect
this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated
needs or events which may prevent such payments against this Contract. However, County cannot guarantee the
availability of fund s, and enters into this Contract only to the extent such funds are made available. The Fiscal Year
for County extends from October l st of each ca lendar year to September 30th of the next ca lendar year.
3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption,
Commissioners Court fai ls to provide funding for this Contract for the following fiscal year of Cou nty, County may
terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is
terminated due to the fai lure to fund it.
4. INVOICING/PAYMENTS:
(a) Contractor shall provide Coun ty with an Internal Revenue Form W-9, Request for Taxpayer Identification
Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and
regu lations before any Contract fund s are payable.
(b) As a minimum , invoices shall include: (i) name, address, and telephone number of Contractor and similar
information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order
number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable
unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract.
County wi ll not pay invoices that are in excess of the amount authorized by the purchase order.
(c) Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products
and services and submission of an invoice to the address below:
Coun ty Aud itor
7 12 S Stagecoach Trail Suite 1071
San Marcos, Texas 78666
(d) Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of
payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of
acceptable invoice, whichever is last. Partial payments will not be made unless specifically req uested and approved
by County prior to Contract award.
(e) Accrual and payment of interest on overdue payments shall be governed by TEX. GOV'T CODE ANN ., ch. 2251 .
5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it wi ll
247
be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in
payment of Coun ty property taxes at the time of invoicing, Co ntractor ass igns any payments to be made fo r
performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.
6. PROMPT PAYMENT ACT: TEX . GOV'T CODE ANN., ch 225 1 (Vernon Supp . 1995) requires that
payments be made within 30 calendar days. If County fa il s to pay w ithin 30 days, I% percent per month interest
must be added at the ti me paym ents are made. The law does not apply if the terms of a federa l grant, contract,
regulation, or statute prevent loca l governments fro m making timely payments with federal funds. Contractors and
subcontractors mu st pay their suppliers I% percent per month interest if the su pplier is not paid within IO calendar
days afte r the contractor or subcontractor rece ives payment. Contractors must app ly for interest payments within 6
months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30
days after either of the fo llowing, whichever is later; (i) satisfactory delivery or performance has been completed, or,
(ii) a correct invoice is received at the designated pl ace .
7. FOB POINT: Delivery of a ll products under this contract, if any, shall be made Free on Board to final
destination, at the address shown in thi s contract or as indi cated on each Purchase Order placed against thi s contract.
The titl e and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O. B. point.
8. INSPECTION AND ACCEPTANCE: T he County office or department receiving items pursuant to this
contract shall inspect and accept only those items that are satisfactory to them, and rej ect those items which are
damaged or which do not confo rm to specifications. Contractor shall be responsible for the proper labe ling,
packing, and delivery to final destination, inc luding replacement of rejected deliveries.
9 .. VARIATION IN QUANTITY: No variation in the quantity of any item call ed for by this contract will be
accepted unless such variation has been caused by conditi ons of loading, shipping, or packing, or allowances in
manufacturing processes, and then on ly to the extent, if any, spec ified elsewhere in this contract.
10. OFFICIALS NOT TO BEN EFIT: If a member of Commi ssioners Court be longs to a cooperative association,
the County may purchase equipment or supplies from the association only if no member of the Commissioners
Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends
distributed generally to members of the association .
12. CHANGES:
(a) This Contract may be amended on ly by written in strument signed by both County and Contractor. It is
acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY
HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT
OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY
GRANTED THAT AUTHORITY BY THE COMMISSIONERS COURT.
(b) Contractor shall submit a ll requests for changes to thi s Contract or any attachment(s) to it to the Purchas ing
Manager. The Purchasing Manager shall present Contractor's requests to Comm iss ioners Co urt for consideration.
248
interest, and then only fo r official public uses. County will not knowingly or intentionally vio late any applicable
patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against a ll
claims, suits, and li ability of every kind, including all expenses of litigation, court costs, and attorney's fees arising
in connection with any a lleged or actual infringement of existing patents, li censes or copyrights appl icable to items
so ld .
(e) The Contractor warrants that upon execution of a contract with the County, he w ill not engage in employment
practices which have the effect of discriminating against emp loyees or prospective emp loyees because of age,
religion, race, color, sex, creed, handicap, or national origin and wi ll submit reports as the County may require to
assure compliance .
(f) Contractor warrants to County that all items delivered and all serv ices rendered will conform to the
specifications, drawings, or other descriptions furnished or incorporated by reference, and wil l be of merchantable
quality, good workmanship, and free from defects. Contractor further agrees to provide copies of app licab le
warranties or guarantees to the Purchasing Manager. Copies wi ll be provided with in l O days after the Notice of
Award is issued . Return of merchandise under warranty shall be at Contractor's expense.
(g) The Contractor warrants that no person or selling agency has been emp loyed or retained to solicit or secure this
contract upon an understanding for a co mmi ss ion, percentage, brokerage, or contingent fee, exceptin g bona fide
employees and established commercial selling agencies maintained by the Contractor to secure business. For breach
of this warranty, County shall have the right to terminate this contract without liability, or in its discretion to deduct
from the contract price, or otherwise recover, the full amount of commission , percentage, brokerage, or contingent
fee .
14. SUBCONTRACTS:
(a) Contractor shall not enter into any s ubcontracts for any service or activity relating to the performance of this
Contract without the prior written approva l or the prior written waiver of this right of approva l from County. IT IS
ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE
OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS EXPRESSLY
GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISS IONER S COURT.
(b) If a subcontract is approved, Contractor must make a "good faith" effort to take a ll necessary and reasonable
steps to insure HUBs max imum opportunity to be subcontractors under this Contract. Contractor must obtain
County approva l of all proposed HUB subcontractors thrnugh the Purchasing Agent. Failure by Contractor to make
a good fa ith effort to emp loy HUBs as subcontractors constitutes a breach of this Contract and may res ul t in
termination of this Contract.
15. ASSIGNMENT:
(a) The parties to this Contract shall not assign any of the rights or obligation here under without the prior written
consent of the other party. NO OFFICIAL, EMPLOYEE, REPRESENTATIVE OR AGE T OF COUNTY HAS
THE AUTHORITY TO APPROVE ANY ASSIGNMENT UNDER THIS CONTRACT UNLESS THAT SPECIFIC
AUTHORITY IS EXPRESSLY GRANTED BY COMMISSIONERS COURT.
(b) The terms, provisions, covenants, obligat ions and conditions of this Contract are binding upon and inure to the
benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is
made in comp li ance with the provisions of this Contract.
(c) Contractor remains responsible for the performance of this Contract when there is a change of name or change
of ownership. If a change of name is required, the Purchasing Manager shall be notified immediately. No change in
the obligation of or to Contractor will be recogn ized until it is approved by Commiss ioners Court.
16. DISPUTES AND APPEALS: The Purchasing Manager acts as the County representative in the issuance and
administration of this contract in relation to disputes. A ny document, notice, or correspondence not issued by or to
the Purchasing Manager or other authorized Coun ty person, in relation to disputes is void unl ess otherwise stated in
this contract. lf the Contractor does not agree with any document, notice, or correspondence issued by the
Purchasing Manager, or other authorized , County pers n, the Contractor must submit a written notice to the
Purchasing Manager within ten ( l 0) calend ar days after receipt of the document, notice, or correspondence,
outlining the exact point of disagreement in detail. lf the matter is not resolved to the Contractor 's satisfaction,
Contractor may submit a written Notice of Appea l to the Commissioners Court, through the Purchasing Manager, if
the otice is submitted within ten (l 0) calendar days after receipt of the unsati sfactory reply. Co ntractor then has
the right to be heard by Comm issioners Co urt.
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18. FORCE MAJEURE
If the performance by either party of any of its obligations under this Contract is interrupted or delayed due to an act
of God or the common enemy or as the result of war, riot, civil commotion, sovereign conduct, or the act or conduct
of any person or persons not a party to this Contract, then it shall be excused from performance for such period of
time as is reasonably necessary to remedy the effects thereof.
20. TERMINATION FOR CAUSE: Failure by e ither County or Contractor to perform any provisions of thi s
Contract shall co nstitute a breach of contract. Either party may require corrective action within ten (I 0) calendar
days after date of rece ipt of written notice citing the exact nature of the other's breach. Fai lure to take corrective
action or failure to provide a satisfactory written reply excusing such failure within the ten (! 0) calendar days shall
constitute a default. The defa ulting party shall be given a twenty (2 0) calendar day period within which to show
cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show
cause on behalf of County shall be issued by the Purchasing Manager or Co unty legal representative only, and all
replies to the same sha ll be made in writing to the County Purchasi ng Manager or County legal representative at the
address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal
representative shall be null and vo id, and shall be considered as not having been iss ued or received. County reserves
the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may
contract with another party with or without competition or further notification to the contractor. At a minimum,
Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or
compensate for any loss or damage to the Co unty derived hereunder if it becomes necessary to contract with another
source because of a defau lt, plus reasonable admini strative costs and attorney's fees. In the event of termination for
default, Coun ty, its agents or representatives, sha ll not be liab le for loss of any profits anticipated under this
Contract.
21. TERMINATION FOR CONVENIENCE: County reserves the ri ght to term inate thi s Co ntract upon thirty
(30) days written notice for any reaso n deemed by the Comm issioners Court to serve the publi c interest, or res ulting
fro m any governmenta l law, ordinance, regulation, or court order. Termination for convenience shall not be
exercised with the sole intention of awarding the same or similar contract requirements to another source. In the
event of such termination, Coun ty shall pay Co ntractor those costs directly attributab le to work done in preparation
for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are
recoverable in the normal course of the business in which Contractor is engaged, nor shall Co unty pay any costs
wh ich can be mitigated through the sale of supp lies or inventories. If Co unty pays for the cost of supplies or
materials obtai ned for use under thi s Contract those supplies or materials shall become the pro perty of Coun ty and
shall be delivered to the FOB point shown in thi s Contract, or as des ignated by the Purchasing Manager. County
shall not be liab le for loss of any profits anticipated under thi s Contract.
22. GRATUITIES: Contra tor sha ll not provide any gratui ty in any form , including entertainment, gifts, or
otherwise, to any employee, buyer, agent, or representative of Coun ty with a view to securing a contract, or securing
favorab le treatment with respect to the award or amendment, or the making of any determination with respect to the
performance of thi s Contract. Coun ty may terminate this Contract if it is fo und that gratuiti es of any kind including
entertai nment, or gifts were offered or given by th e Contractor or any agent or representative of the Contractor, to
any County Official or employee with a view toward securing favora ble treatment with respect of this contract. If
this Contract is terminated by the County purs uant to this provision, County shall be entitl ed, in addition to any other
rights and remedies, to recover from the Contractor at least three times the cost incurred by Contractor in provid ing
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the gratu ities.
23. COVENANT AGAINST CONTINGENT FEES: Contractor represents and warrants that no persons or
se lling age ncy has been retained to solicit thi s Contract upon an understanding for a commiss ion , percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide estab li shed commercial selling agencies
maintained by the Contractor to secure business. For breach or violation of this warranty, County shall have the right
to terminate this Contract without li ability, or in its discretion to, as applicab le, add to or deduct from the Contract
price for consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee .
24. COUNTY ACCESS: Contractor shall maintain and make available for inspection, audit or reproduction by any
authorized representative of County all books, documents, and other evidence pertinent to the costs and expenses of
thi s Contract, including but not lim ited to both direct and indirect costs, cost of labor, material , equipment, supplies,
and services, and al l other costs and expenses of whatever nature for which reimbursement is claimed under this
Contract. All required records shall be maintained until an audit is comp leted and all required questions arising
therefrom are resolved, or three (3) years after comp letion of the contract term, whichever occurs first; provided,
however, the records wi ll be retained beyond the thir d year if an audit is in progress or the finding of a completed
audit have not been reso lved satisfactorily.
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CO SEQUENCES OF CONTRACTOR'S ACTIONS.
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have the meaning given by experts in that particular field.
(f). Words in the present or past tense include the future ten se. The singu lar includes the plura l and the plura l
includes the singular. The masculine gender includes the feminine and neuter genders .
(g) The headings in this contract have been included only to make it easier to locate the subject covered by each
provi sion and are not to be used in construing this contract.
(h) Provisions, words, phrases, and statutes, whether incorporated by actual use or by reference, shall be app lied to
this contract in accordance with TEX. GOVT CODE ANN ., SEC 3 12.002, 312.003 (Vernon 1991).
32. MODIFICATIONS:
(a) The County Purchasing Manager may at any time, by written order, and without notice to the sureties, if any,
make changes within the general scope of this contract in any one of the following:
(1) Drawings, designs or specifications when the supplies to be furnished are to be specifically manufactured
for the County in accordance with the drawings, designs, or specifications.
(2) Method of shipment or packing.
(3) Place of deliveries.
(4) Correction of errors of a general administrative nature or other mistakes, the correction of which does not
affect the scope of the contract, or does not result in expense to the Contractor.
(5) Description of items to be provided.
(6) Time of performance (i.e. hours of day, days of week, etc)
(b) If any such change causes an increase or decrease in th e cost of, or time required for, performance of any part of
the work under this contract whether, or not changed by the order, the Commissioners Court shall make an equitable
adjustment in the contract price, the delivery schedule, or both, and shall modi fy the contract. The Contractor must
submit any "proposal for adjustment" under this clause within thirty (30) calendar days from the date of receipt of
the written order. However, if the Co unty Purchasing Manager deci des that the facts justify it, the County
Purchasing Manager may receive and act upon a proposal submitted before final payment of the contract. lfthe
Contractor's proposal includes the cost of property made obso lete or excess by the change, the County shall have the
right to prescribe the manner of disposition of the property. Fai lure to agree to any adjustment shall be a dispute
under the Disputes and Appeals clause. However, nothing in thi s clause shall excuse the Contractor from
proceedi ng with the contract as changed .
34. PRICE CHANGES: The prices offered s hall remain firm for the period of the contract. The prices offered
shall also remai n firm for the option years s hould the County choose to exercise the option to renew, except for
changes that are industry wide and beyond the control of the contractor. If such changes do occur, it will be the
responsi bility of the contractor to provide documentation to Hays County substantiating the changes to the bid
prices. Any price changes must be approved by Hays County.
35. CONTRACT WORK HOURS AND SAFETY STANDARDS: If, in the course of fulfillin g the terms of this
Agreement, Contractor employs mechanics or laborers to perform work, Contractor recognizes that it must comply
with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, Contractor sha ll compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permiss ible, provided that th e worker
is compensated at a rate of not less than one and a halftimes the basic rate of pay for all hours worked in excess of
40 hours in the work week. Contractor further recognizes th at no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous.
36. CONTRACTOR'S INTELLECTUAL PROPERTY: Contractor shall retain all intellectua l property ri ghts
over the design of its systems and equipment. The County is engagi ng Contractor to install Low Water Crossing
monitoring systems, and the deve lopment of any patentab le designs or methods are purely incidental to the contract.
Desp ite the foregoing, the County sha ll have the right to reta in copies of specificat ion s and drawings (including " as-
builts") of work performed under thi s Agreement.
37. PIGGY BACKS: It is Hays County ' s intent that other governmental entities within Hays County (particularly
municipalities) have the opportunity to purchase and/o r contribute toward additional work or change orders under
this Agreement. Contractor agrees to offer the same pricing (with reasonable markup or markdown considering
market trends and costs of material s) to those entities who may participate via interloca l funding agreement(s) with
Hays Co w1ty. Should another governmenta l entity participate in a " piggy back" on this Agreement, Contractor
agrees to offer that entity the same warranties and remed ies that apply to Hays County under thi s Agreement.
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PARTIII
SUPPLEMENTAL CONDITIONS
ARTICLE 7 VENUE
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PART III
SUPPLEMENTAL CONDITIONS
(2) To the extent that Contractor's work, or work under his/her direction, may require
blasting, explosive conditions, or underground operations, the comprehensive
general liability coverage shall contain no exclusion relative to blasting, explosion,
collapse of building, or damage to underground property.
(3) Policy shall list Owner as additional named insured per Article 1(f) and a
Certificate of Insurance as well as copies of the associated policy endorsement
shall be provided to Owner.
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(d) Policy Cancellation. Each policy shall contain a provision that the coverage afforded will
not be canceled or materially changed until at least 30 days prior written notice has been
given to Owner or Contracting Officer.
(e) Additional Named Insured. The Owner shall be listed as an additional named insured on
Comprehensive Automobile Liability, and Comprehensive General Liability policies.
(f) Waiver of Subrogation. All policies of insurance shall waive all rights of subrogation
against Owner, its officers, employees and agents.
(a) In the event that Contractor employs any individual to perform any portion of the Work,
Contractor shall comply with Texas Labor Code, §406.096, which requires workers'
compensation insurance coverage for all employees providing services on a building or
construction project for a governmental entity.
(b) The Contractor shall post on the Work site a notice, in the text, form and manner
prescribed by the Texas Workers ' Compensation Commission, informing all persons
providing services in relation to the Work that they are required to be covered, and stating
how a person may verify Coverage and report lack of Coverage.
(a) Contractor shall fully execute two (2) counterparts of the Contract Agreement including
all the contract documents upon receipt of Notice of Award.
(2) Major equipment schedule. A firm commitment in writing from all suppliers of
equipment that will be leased shall be provided. Equipment shall be open to
inspection prior to commencement of work to verify soundness and reliability.
(b) Within ten (10) workdays days after receipt of Notice of Award, Contractor shall submit
to the Contracting Officer the following post-award information:
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(2) List of proposed subcontractors, if any.
(1) Commence work under this contract within ten (10) workdays from the date of
receipt of written Notice to Contract Award and Notice to Proceed. Prosecute the
work diligently; and
(2) Complete the entire work ready for use not later than the deadline stated in Article
III of the Contract terms, above.
(b) The time stated for completion shall include final cleanup of the premises.
ARTICLE 7 - VENUE
This contract shall be governed, construed and interpreted under the laws of the State of Texas.
This contract is performable in Hays County, Texas. The Contracting Local Organization has
domicile in Hays County, Texas, and any legal action must be filed in Hays County, Texas.
8.1 General
Contractor shall pay or cause to be paid, without cost or expense to Contracting Local
Organization, all Social Security, Unemployment and Federal Income Withholding Taxes of all
such employees, and all such employees shall be paid wages and benefits as required by Federal
and/or State law (including but not restricted to unemployment compensation coverage) and per
wage rates requirements in Article 8.2 below. In accordance with Texas Labor Code §61.012,
Contractor shall post in conspicuous places in the workplace notices indicating the paydays.
(a) This contract requires the Contractor and any of his/her subcontractors at any tier to pay
prevailing wage rates as specified in this article and to follow requirements contained in
Texas Government Code, Chapter 2258 , Prevailing Wage Rates.
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(b) Workers shall be paid not less than the appropriate wage rate and fringe benefits in the
wage determination for the classification of work actually performed, without regard to
skill. Those performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein; provided that
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed.
(c) Payroll records. A Contractor and subcontractor shall keep a record showing: (i) the
name and occupation of each worker (includes a laborer or mechanic) employed by the
Contractor or subcontractor in the construction of the public work; and (ii) the actual per
diem wages paid to each worker. The record shall be open at all reasonable hours to
inspection by the officers and agents of Owner.
(a) Texas Local Government Code Chapter 171 provisions apply to award of this contract.
(b) A bidder and/or Contractor shall not offer or accept gifts or anything of value nor enter
into any business arrangement with any employee, official or agent of the Contracting
Local Organization or USDA-NRCS.
10.1 Claims
(a) Owner' s policy is to try to resolve all contractual issues in controversy by mutual
agreement at the Contracting Officer's level. Reasonable efforts should be made to
resolve controversies prior to the submission of a claim. Use of ADR procedures to the
maximum extent practicable is encouraged.
(1) Contractor claims shall be submitted, in writing, to the Contracting Officer for a
decision no later than the 180th day after accrual of a claim. The claim must state
with particularity the nature of the breach, the amount the Contractor seeks as
damages, and the legal theory of recovery. The Contracting Officer shall
document the contract fi le with evidence of the date of receipt of any submission
from the Contractor deemed to be a claim by the Contracting Officer. The
Contracting Officer must assert, in a writing delivered to the Contractor, any
counterclaim not later than the 90th day after the date of receipt of Contractor's
written claim.
(2) Owner shall issue a written decision on any claim initiated against a Contractor no
later than the 180th day after accrual of the claim. This time period shall not apply
to an Owner claim based on a Contractor claim involving fraud.
(c) Contractor certification. Contractor shall provide the certification specified below when
submitting any claim exceeding $100,000, or regardless of the amount claimed when
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using ADR procedures. The certification requirement does not apply to issues in
controversy that have not been submitted as all or part of a claim. The certification may
be executed by any person duly authorized to bind the Contractor with respect to the
claim. The certification shall state as follows:
"I certify that the claim is made in good faith; that the supporting data are
accurate and complete to the best of my knowledge and belief; that the
amount requested accurately reflects the contract adjustment for which the
Contractor believes the Owner is liable; and that I am duly authorized to
certify the claim on behalf of the Contractor."
(d) Owner shall pay interest on a Contractor' s claim on the amount found due and unpaid
from the date that the Contracting Officer receives the claim (certified if required by
Article 11.1 ( c) above) ; or payment otherwise would be due, if that date is later, until the
date of payment. If a claim has a defective certification, interest shall be paid from the
date Owner receives a proper certification. Amount of interest due will be per Texas and
local law and regulation.
(a) When appropriate, a neutral person may be used to faci litate resolution of the issue in
controversy using the procedures chosen by the parties.
(b) Owner' s rights and Contractor' s rights to exercise such rights or remedies as either party
may otherwise have under the contract or by laws or regulations in respect of any claims,
disputes, and other issues in controversy are not affected by action taken under this
Article.
(c) ADR procedures must be consistent with Chapter 154, Texas Civil Practice and
Remedies Code, and Chapter 2009, Texas Government Code, Alternative Dispute
Resolution for Use by Governmental Bodies. ADR procedures shall not include binding
arbitration of any form, unless otherwise agreed in writing by Hays County.
10.3 Definitions
(a) Accrual of a claim occurs on the date when all events, which fix the alleged liability of
either the Contracting Local Organization or the Contractor and permit assertion of the
claim, were known or should have been known. For liability to be fixed, some injury
must have occurred. However, monetary damages need not have been incurred.
(b) Alternative dispute resolution (ADR) means any procedme or combination of procedures
voluntarily used to resolve issues in controversy without the need to resort to litigation.
These procedures may include, but are not limited to, assisted settlement negotiations,
conciliation, facilitation, mediation, fact-finding, mini-trials, and/or non-binding
arbitration.
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(c) Claim as used in this Article means a written demand or written assertion by one of the
contracting parties seeking as a matter of right, the payment of money in a sum certain,
the adjustment or interpretation of contract terms, or other relief arising under or relating
to the contract. A claim arising under a contract, unlike a claim relating to that contract,
is a claim that can be resolved under a contract clause that provides for the relief sought
by the claimant. However, a written demand or written assertion by the contractor
seeking the payment of money exceeding $100,000 is not a claim under this Article until
certified as required by Article 11.1 (c) above. A voucher, invoice, or other routine
request for payment that is not in dispute when submitted is not a claim. The submission
may be converted to a claim, by written notice to the Contracting Officer within time
limits in section 11.1 (b) of this Article, if it is disputed either as to liability or amount or
is not acted upon in a reasonable time.
(d) Defective certification as used in this Article means a certificate which alters or otherwise
deviates from the language in this Article or which is not executed by a person duly
authorized to bind the Contractor with respect to the claim. Failure to certify shall not be
deemed to be a defective certification.
(e) Issue in controversy means a material disagreement between the Contracting Local
Organization and the Contractor which:
(1) May result in a claim, or
(2) Is all or part of an existing claim.
(f) Misrepresentation of fact as used in this Article means a false statement of substantive
fact, or any conduct which leads to the belief of a substantive fact material to proper
understanding of the matter in hand, made with intent to deceive or mislead.
(g) Neutral person as used in this Article means an impartial third party, who serves as a
mediator, fact finder, or arbitrator, or otherwise functions to assist the parties to resolve
the issues in controversy. A neutral person may be a permanent or temporary officer or
employee of the Contracting Local Organization, or the Federal government, or any other
individual who is acceptable to the parties. A neutral person shall have no official,
financial, or personal conflict of interest with respect to the issues in controversy, unless
such interest is fully disclosed in writing to all parties and all parties agree that the neutral
person may serve. An "impartial third party" must possess the qualifications required
under Section 154.052, Texas Civil Practice and Remedies Code.
11.1 General
(a) This contract requires a performance bond. Such bond is due within ten (10) workdays
after receipt of Notice of Award. The Contracting Local Organization will attach to the
Notice of Award the bond forms to be used.
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(c) Bonds are subject to requirements stated in this Article and requirements of Texas
Government Code, Chapter 2253 , Public Work Performance and Payment Bonds, and
must be executed by a corporate surety in accordance with Texas Insurance Code,
Chapter 3503 (Surety Bonds and Related Instruments), Subchapter A.
(a) Definitions. As used in this clause-- "Contract price" means the award price of the
contract. "Government" means the Contracting Local Organization.
(b) The successful offeror shall be required to furnish a performance bond to the Contracting
Officer as follows:
(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance
agreements, to the Contracting Officer, within the time period specified above.
(d) A bond may be executed only by a corporate surety company that is authorized and
admitted to write surety bonds in the State of Texas.
(e) The surety must (i) hold a certificate of authority from the United States Secretary of the
Treasury to qualify as a surety on obligations permitted or required under federal law; or
(ii) have obtained reinsurance for any liability in excess of $1 ,000,000 from a reinsurer
that is an authorized reinsurer in the State of Texas or is a holder of a certificate of
authority from the United States Secretary of the Treasury to qualify as a surety or
reinsurer on obligations permitted or required under federal law. U.S. Treasury
Department Circular 570 is published in the Federal Register and lists Treasury approved
surety companies and their underwriting limitations.
(f) All bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
(g) A bond required under this Article must clearly and prominently display on the bond or
on an attachment to the bond: (1) the name, mailing address, physical address, and
telephone number, including the area code, of the surety company to which any notice of
claim should be sent; or (2) the toll-free telephone number maintained by the Texas
Department of Insurance under Subchapter B, Chapter 521 , Insurance Code, and a
statement that the address of the surety company to which any notice of claim should be
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sent may be obtained from the Texas Department of Insurance by calling the toll-free
telephone number.
(a) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment upgrading,
demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this Equal Opportunity (Federally Assisted Construction) clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
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PARTIV
CONSTRUCTION SPECIFICATIONS
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CONSTRUCTION SPECIFICATION - 94. CONTRACTOR QUALITY CONTROL
1. Scope
The work consists of developing, implementing, and maintaining a quality control system
to ensure that the specified quality is achieved for all materials and work performed.
5. Post-Award Conference
The contractor shall meet with the Contracting Officer before any work begins and
discuss the contractor's quality control system. The contracting officer and the contractor
shall develop a mutual understanding regarding the quality control system, including
procedures for correcting quality control issues.
6. Records
The contractor's quality control records shall document both acceptable and deficient
features of the work and corrective actions taken. All records shall be on forms approved
by the contracting officer, be legible, and be dated and signed by the competent person
creating the record.
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7. Reporting Results
The results of contractor quality control inspections and tests shall be communicated to
the engineer immediately upon completion of the inspection or test. The Contractor shall
prepare a monthly QC report and furnish an original copy to Hays County.
8. Access
The contracting officer and the engineer shall be given free access to records for the
duration of the contract.
9. Payment
Compensation for any item of work described in the contract, but not listed in the bid
schedule, is included in the payment for the item of work to which it is made subsidiary.
Separate and/or additional compensation will not be made for Contractor Quality Control.
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PARTY
Notices to Proceed
(To Be Attached At the Time of Issuance by Hays County)
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PART VI
Modifications and/or Change Orders
(To Be Attached at the Time of Agreement by the Parties)
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PART VII
Notices of Final Completion and Acceptance
(To Be Attached At the Time of Issuance by Hays County)
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AGENDA ITEM REQUEST FORM
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.
SUMMARY
Summary to be provided in Executive Session.
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