2011-09-22
1
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Regular September Term
Held September 22, 2011
THE STATE OF TEXAS
COUNTY OF CALHOUN
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BE IT REMEMBERED, that on this 22nd da~ of September, A.D., 2011 ther~ was begun and holden in
the Commissioners' Courtroom in the County Courthouse in the City of, Port Lavaca, said County and
State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there
were present on this date the following members of the Court, to-wit:" ., '
t
Michael J. Pfeifer
Roger C. Galvan
Vern Lyssy
Neil E. Fritsch
Kenneth W. Finster
Anita Fricke
County Judge
Commissioner, Precinct #1
Commissioner, Precinct #2
Commissioner, Precinct #3
Commissioner, Precinct #4
County Clerk
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Thereupon the following proceedings were had:
Commissioner Lyssy gave the Invocation and Commissioner Finster led the Pledge to the US Flag and
Commissioner Fritsch led the Pledge to the Texas Flag.
APPROVE AUGUST 11, 2011 MINUTES:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the
minutes with the updated changes. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all
voted in favor.
--#-- i
APPROVE THE ACTION TO PASS THE ORDER APPROVING AND ADOPTING THE 2012
CALHOUN COUNTY BUDGET:
A Motionwas made by Judge Pfeifer and seconded by Commissioner Fritsch to pass the Order approving
and adopting the 2012 Calhoun County Budget. Commissioners Galvan, Lyssy, Fritsch and Judge Pfeifer
all voted in favor.
s
ORDER
WHEREAS, Commissioners' Court of Calhoun County prepared a budget for
2012 to meet the needs of the citizens of our community; and
WHEREAS, Commissioners' Court of Calhoun County has filed a copy of the
2012 budget with the Calhoun County Clerk's office as required by law.
NOW THEREFORE, IT IS HEREBY ORDERED by the
Commissioners' Court of Calhoun County that the 2012 budget filed with the County
Clerk is hereby approved.
SIGNED AND SEALED THIS THE 22nd DAY OF SEPTEMBER, 2011.
Mi e fi fer
Calhoun County Judge
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Vem Lyssy, Comrn ssioner
PZw..L
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Kenneth W. Finster, Commissioner
Precinct #4
ATTEST:
Anita Fricke, Calhoun County Clerk
By:
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Deputy
APPROVE THE ORDER SETTING 2011 TAX RATES, LEVYING TAXES FOR THE FISCAL AND
CALENDAR TAX YEAR 2011 FOR CALHOUN COUNTY, TEXAS; ADOPT THE GENERAL FUND
MAINTENANCE AND OPERATIONS TAX RATE AND DEBT TAX RATE FOR FISCAL AND
CALENDAR YEAR 2011:
A motion was made by Judge Pfeifer and seconded by Commissioner Lyssy that property taxes be
increased by the adoption of a tax rate of: $0.4530 Maintenance and Operations, $0.0370 Debt Service,
and $0.4900 Total Tax Rate. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in
favor.
Susan Riley
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From:
Sent:
To:
Subject:
Mike Pfeifer [mike.pfeifer@calhouncotx.org]
Thursday, August 18, 2011 1 :06 PM
'Susan Riley'
FW: Proposed/Actual Tax Rates Compared to Effective Rates
Please make copies for packets for next week and then for the hearings.
From: Cindy Mueller [mailto:cindv.mueller@calhouncotx.orgl
Sent: Thursday, August 18, 201111:28 AM
To: 'Mike Pfeifer'
Subject: Proposed/Actual Tax Rates Compared to Effective Rates
[ax Rate Year 2011 2010 2009 2008 4- Year
Net
ud et Year 2012 2011 2010 2009 Chan e
roposed/Actual Tax Rate 0.4900 0.4900 0.4900 0.4900
ffective Tax Rate 0.4595 0.5663 0.5759 0.4908
Difference 0.0305 -0.0763 -0.0859 -0.0008 -0.1325
Percent 6.64% -13.47% -14.92% -0.16% -21.91 %
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ORDER
ADOPTING 2011 TAX RATE
It is hereby ORDERED by Calhoun County Commissioners' Court that the Tax Rate for
the year 2011 be set and adopted as follows:
Operations
Debt Service
Total Tax Rate
$0.4530
$0.0370
$0.4900
This Tax Rate will raise More Taxes for Maintenance and Operations than last year's Tax
Rate
The Tax Rate will Raise More Taxes for Maintenance and Operations on a $100,000
Home by approximately $3.90
This Tax Rate will raise Less Taxes for Debt Service than last year's Tax Rate
The Tax Rate will Raise Less Taxes for Debt Service on a $100,000 Home by
approximately $3.90
Adopted this the 22nd day of September, 2011.
1Yu~~
Mic el P lfi
Calhoun County Judge
(1
e E. ritsch, Commissioner
Pr cinct #3
Vem Lyssy, Co
Precinct #2
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Kenneth W. Finster, Commissioner
Precinct #4
ATTEST:
Anita Fricke, County Clerk
By: d"~~
-Bepmy
I move that property taxes be increased by the adoption of a tax rate of:
$0.4530 Maintenance and Operations
$0.0370 Debt Service
$0.4900 Total Tax Rate
CONSIDER AND TAKE ACTION ON REQUEST TO ABANDON AND VACATE A 2,626 SQUARE
FOOT TRACT OF LAND SITUATED IN WILKINS DRIVE IN BAYSIDE SUBDIVISION, UNIT 2,
PRECINCT NO.1:
Pass
CONSIDER AND TAKE ACTION ON REQUEST TO ABANDON AND VACATE A 2,505 SQUARE
FOOT TRACT OF LAND SITUATED IN WILKINS DRIVE IN BAYSIDE SUBDIVISION, UNIT 2,
PRECINCT NO.1:
Pass
APPROVE THE REQUEST TO ABANDON AND VACATE A 1,147 SQUARE FOOT TRACT OF LAND
SITUATED IN DENVER AVENUE IN BAYSIDE SUBDIVISION, UNIT 2, PRECINT NO.1:
A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to abandon and
vacate this tract of land, therefore granting it to Mr. Benshetler. Commissioners Galvan, Lyssy, Fritsch,
Finster and Judge Pfeifer all voted in favor.
APPROVE THE REQUEST TO ABANDON AND VACATE A 180 SQUARE FOOT TRACT OF LAND
SITUATED IN DENVER AVENUE IN BAYSIDE SUBDIVISION, UNIT 2, PRECINCT NO.1:
A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to abandon and
vacate this tract of land, therefore granting it to Mr. Benshetler. Commissioners Galvan, Lyssy, Fritsch,
Finster and Judge Pfeifer all voted in favor.
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APPLICATION TO HA VK COUNTY ROADWAYS
ABANDONED AND VACATED
TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY:
I, Peter Benshetler, being a property owner in Precinct 1 of Calhoun County,
Texas, do hereby request under Section 251.052 of the Texas Transportation Code, that
the Court abandon and vacate the following portions of Wilkens Drive and Denver
Avenue in Bayside Beach Subdivision, Unit 2, Precinct No.1, Calhoun County, Texas:
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Portion of Platted Roadway No.1: A 2626 square foot tract of land situated in
what is called Wilkens Drive as shown on the existing plat of Bayside Beach
Subdivision, Unit 2, a subdivision in Calhoun County, Texas, according to the established
map and plat of said subdivision recorded in Volume Z, Page 46 of the Plat Records of
Calhoun County, Texas. Said portion of platted roadway to be abandoned and vacated is
labeled "No.1" on the survey plat attached hereto as Exhibit "A" and is more fully
described by metes and bounds on the fieldnote description attached hereto as Exhibit
"B " .
Portion of Platted Roadway No.2: A 2505 square foot tract of land situated in
what is called Wilkens Drive as shown on the existing plat of Bayside Beach
Subdivision, Unit 2, a subdivision in Calhoun County, Texas, according to the established
map and plat of said subdivision recorded in Volume Z, Page 46 of the Plat Records of
Calhoun County, Texas. Said portion of platted roadway to be abandoned and vacated is
labeled "No.2" on the survey plat attached hereto as Exhibit "A" and is more fully
. described by metes and bounds on the fieldnote description attached hereto as Exhibit
"C" .
Portion of Platted Roadway No.3: An 1147 square foot tract of land situated in
what is called Denver Avenue as shown on the existing plat of Bayside Beach
Subdivision, Unit 2, a subdivision in Calhoun County, Texas, according to the established
map and plat of said subdivision recorded in Volume Z, Page 46 of the Plat Records of
Calhoun County, Texas. Said portion of platted roadway to be abandoned and vacated is
labeled "No.3" on the survey plat attached hereto as Exhibit "A" and is more fully
described by metes and bounds on the fieldnote description attached hereto as Exhibit
"D" .
Portion of Platted Roadway No.4: A 180 square foot tract of land situated in
what is called Denver Avenue as shown on the existing plat of Bayside Beach
Subdivision, Unit 2, a subdivision in Calhoun County, Texas, according to the established
map and plat of said subdivision recorded in Volume Z, Page 46 of the Plat Records of
Calhoun County, Texas. Said portion of platted roadway to be abandoned and vacated is
labeled "No.4" on the survey plat attached hereto as Exhibit "A" and is more fully
described by metes and bounds on the fieldnote description attached hereto as Exhibit
"E".
The hereinabove described properties are located entirely within Precinct 1 of
Calhoun County, Texas and this request for the roadways to be abandoned and vacated is
to allow for the transfer and financing of real property to the Applicant.
These Roadways have never been constructed, thus have never been necessary as
a means of ingress and egress for any property owner and all affected by this road closure
are in agreement regarding the closing of the roadways as requested.
Having given proper notice as specified by Section 251.052 of the Texas
Transportation Code, I ask the Commissioner's Court, under the powers granted to it
under Section 251.051 of the Texas Transportation Code, to consider this application for
abandonment and for vacating the hereinabove described portions of roadways in
Calhoun County, Texas and that the Commissioner's Court of Calhoun County, Texas
isslie an order granting said request to abandon and vacate the heretofore described
portions of said roadways.
Notices were posted at the door of the Calhoun County Courthouse, J&T One
Stop, the Port Lavaca Post Office, and the location to be abandoned and vacated. Said
notices were posted on the 18th day of August, 2011. All requirements imposed by The
Texas Transportation Code have been complied with.
Section 251.052 of the Texas Transportation Code requires the signature of one
property owner in the precinct if the application is for any change in a roadway, other
than discontinuing the road. Accordingly, I, Peter Benshetler, hereby sign this
application asa property owner in Precinct 1 of Calhoun County, Texas.
Signed this ~th day of September, 2011.
Respectfully Submitted,
. By: ~a~
Pcter ensthetler
2
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EXHIBIT
SHOWIIIG a 2505 sQuclr'e foot troCt of loll\!. 0 2626 square foot tract of lon<1 situoted iro ",hot i.s
colfed Wilk.ens Drive. ond sM,..inQ on 1141 sauare foot troct of .Iond and 0 180 SQIJGrefoot .tnlet
of lond situoted In what is called Denver Avenue as shown on the e,lsting 0101 of Boyslde Beach
SubdiviSion. Unit 2, d subdivision in Calhoun Cbunty. Texas, occc~dlnQ to the established mop
ondplot of .soid subdivision reco)"<lM ill "",IUtre Z. Poge 46 of the Plot Reo::o,-.:is of Calha;n .
County, Texas. .
POWDEHHORN LAKE
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ll'IEAR DATA
1.1 5 IS'S)'.OI' E 45, ee'
Ll S 21'08'48' /I 25.19'
L3 N 75'53'01" II 45,08'
L'T 1/ 21'08'48- [ 25.19'
LS II 14"06'59" [ 23.81'
L6 II 21'08' 48" [ 1.14'
L1 5 21'08'40" '~ &.75'
LO II 68'SI'll~ .'11 45.53'
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LOT 27
POWDERHORN DRIVE
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(S. LA SALLE PER PLAT)
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WRVE RADIUS lilT. .IIGLE C~C.RO 6EARlUG .1..,1) LHlGTH ARC lEIIGIH
. (1 325.00' 1.7'13' ~ I" II 04' lQ' 42 "'II 97.36' 91,72'
(2 350.00' 16'~!i' 10' S 03' IS'06-[ 102;21' 10;., 6..i ,
C3 315.00' IS"31'5r 5 0<' 5S' 07 "E IOI.3~' 101.65'
(4 375.00' O()' S3' 50' 5 10'24'11",. 5.87' 5.B1'
THE ABOVE PLAT AND ACCOt.lPA~JYI'IG LEGAL DESCAlPIIOIJ 'NERE
PREPARED FROM 1\11 ACTUAL S.lJRVEY MADE Ol.j THE GROUr~O
UNDER MY 'SUPERVISION III JULY. 2011 AlID f,RE TRUE ANO
CORRECl TO lHE eEST .oF /,f'1 t;UQWlEOGE AND BELIEF. ..,,,:' "
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DRAWN BY:~
JOE !I0.: 515114.01
EXHIBIT
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VACATE AND ABANDON PORTIONS OF WILKENS DRIVE
AND DENVER AVENUE IN BA YSIDE BEACH SUBDIVISION, UNIT 2,
PRECINCT NO.1, CALHOUN COUNTY, TEXAS
A Motion was made by Commissioner and seconded by
Commissioner to Vacate and Abandon portions of
roadways in Wilkens Drive and Denver Avenue in Bayside Beach Subdivision, Unit 2,
Precinct No.1,. Calhoun County, Texas as shown on the following Order with exhibits
attached.
Commissioners
all voted in favor.
Commissioners
voted not in favor.
"-:;:--
ORDER DECLARING CLOSURE OF PORTIONS OF WILKENS DRIVE
AND DENVER AVENUE IN BA YSIDE BEACH SUBDIVISION, UNIT 2,
PRECINCT NO.1, CALHOUN COUNTY, TEXAS
WHEREAS, on the 8th day of September, 2011 the Commissioner's Court of
Calhoun County, Texas considered the request of Peter Benshetler, being a property
owner in Precinct 1 of Calhoun County, Texas, to abandon and vacate the following
portions of Wilkens Drive and Denver Avenue in Bayside Beach Subdivision, Unit 2,
Precinct No.1, Calhoun County, Texas:
Portion of Platted Roadwav No.1: A 2626 square foot tract ofland situated in what is
called Wilkens Drive as shown on the existing plat of Bayside Beach Subdivision, Unit 2, a
subdivision in Calhoun County, Texas, according to the established map and plat of said
subdivision recorded in Volume Z, Page 46 ofthe Plat Records of Calhoun County, Texas. Said
portion of platted roadway to be abandoned and vacated is labeled "No.1" on the survey plat
attached hereto as Exhibit "A" and is more fully described by metes and bounds on the fieldnote
description attached hereto as Exhibit "B".
Portion of Platted Roadwav No.2: A 2505 square foot tract of land situated in what is
called Wilkens Drive as shown on the existing plat of Bayside Beach Subdivision, Unit 2, a
subdivision in Calhoun County, Texas, according to the established map and plat of said
subdivision recorded in Volume Z, Page 46 ofthe Plat Records of Calhoun County, Texas. Said
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portion of platted roadway to be abandoned and vacated is labeled "No.2" on the survey plat
attached hereto as Exhibit "A" and is more fully described by metes and bounds on the fieldnote
description attached hereto as Exhibit "C".
Portion of Platted Roadwav No.3: An 1147 square foot tract ofland situated in what is
called Denver Avenue as shown on the existing plat of Bayside Beach Subdivision, Unit 2, a
subdivision in Calhoun County, Texas, according to the established map and plat of said
subdivision recorded in Volume Z, Page 46 of the Plat Records of Calhoun County, Texas. Said
portion of platted roadway to be abandoned and vacated is labeled "No.3" on the survey plat
attached hereto as Exhibit "A'" and is more fully described by metes and bounds on the fieldnote
description attached hereto as Exhibit "D".
Portion of Platted Roadwav No.4: A 180 square foot tract of land situated in what is
called Denver Avenue as shown on the existing plat of Bayside Beach Subdivision, Unit 2, a
subdivision in Calhoun County, Texas, according to the established map and plat of said
subdivision recorded in Volume Z, Page 46 of the Plat Records of Calhoun County, Texas. Said
portion of platted roadway to be abandoned and vacated is labeled "No.4" on the survey plat
attached hereto as Exhibit "A" and is more fully described by metes and bounds on the fieldnote
description attached hereto as Exhibit "E".
WHEREAS, Texas Transportation Code ~251.051 vests in the Commissioner's
Court the authority to abandon or vacate a portion of the Public Road; and
WHEREAS, the Commissioners have not previously classified the subject road as
either a first class or second class road; and
WHEREAS, the Commissioner's actions to abandon or vacate the portions of
roadways have not been enjoined or sought to be enjoined by any party; and
WHEREAS, proper notice of the petition to abandon and vacate the portions of
roadways has been posted at the Courthouse door of Calhoun County, Texas and at other
places in the vicinity of the roadways, being at the J&T One Stop, the Port Lavaca Post
Office and at the roadways to be abandoned and vacated, for at least twenty (20) days
before the date the application was made to the Court; and
WHEREAS, the Commissioners have voted unanimously to abandon and vacate
the portions of the roadways labeled "No.1", "No.2", "No.3" and "No.4" on the survey
plat on the attached Exhibit "A" and more fully described by metes and bounds on the
fieldnote descriptions attached as Exhibits "B" thru "E"; and
WHEREAS, all requirements of Texas Transportation Code ~251.051 and 251.052
have been complied with in declaring said roadways to be abandon and vacated.
NOW, THEREFORE, ON MOTION DUL Y MADE BY Commissioner
and SECONDED by Commissioner
, and upon said Motion having been approved
by the Commissioner's Court in a properly posted public meeting;
IT IS ORDERED AND DECREED, that Calhoun County does hereby CLOSE,
ABANDON and VACATE those portions of roadways labeled "No. I", "No.2", "No.3"
and "No.4" on the survey plat on the attached Exhibit "A" and more fully described by
metes and bounds on the fieldnote descriptions attached as Exhibits "B" thru "E".
IT IS FURTHER ORDERED AND DECREED that on the date this Order is
signed, title to the portion of roadway containing 2626 square feet, labeled "No. I" on the
attached Exhibit "A" and being more fully described as by metes and bounds on the
fieldnote description attached as Exhibit "B", closed by this Order is vested in The State
of Texas for the use and benefit of The Permanent School Fund, the owner of the
property that abuts the side of the closed road, pursuant to Texas Transportation Code
~251.058(b ).
IT IS FURTHER ORDERED AND DECREED that on the date this Order is
signed, title to the portion of roadway containing 2505 square feet, labeled "No.2" on the
attached Exhibit "A" and being more fully described by metes and bounds on the
fieldnote description attached as Exhibit "C", closed by this Order is vested in John
Schiller and Lynwood Schiller, the owners of the property that abuts the side of the
closed road, pursuant to Texas Transportation Code ~251.058(b).
IT IS FURTHER ORDERED AND DECREED that on the date this Order is
signed, title to the portion of roadway containing 1147 square feet, labeled "No.3" on the
attached Exhibit "A" and being more fully described by metes and bounds on the
fieldnote description attached as Exhibit "D", closed by this Order is vested in John
Schiller and Lynwood Schiller, the owners of the property that abuts the side of the
closed road, pursuant to Texas Transportation Code ~251.058(b).
IT IS FURTHER ORDERED AND DECREED that on the date this Order is
signed, title to the portion of roadway containing 180 square feet, labeled "No.4" on the
attached Exhibit "A" and being more fully described by metes and bounds on the
fieldnote description attached as Exhibit "E", closed by this Order is vested in Kenneth P.
Gardner and Becky L. Gardner, husband and wife, the owners of the property that abuts
the side of the closed road, pursuant to Texas Transportation Code ~251.058(b).
..>f'.';;':;'''::<;'''
SIGNED THIS 8th day of September, 2011.
ATTESTED TO BY:
ANITA FRICKE
CALHOUN COUNTY CLERK
By:
After Recording Return:
Christopher Wall
Roberts, Roberts, Odefey & Witte
P. O. Box 9
Port Lavaca, Texas 77979
CALHOUN COUNTY, TEXAS
HONORABLE MICHAEL J. PFEIFER,
CALHOUN COUNTY JUDGE
HONORABLE ROGERC. GALVAN
'COMMISSIONER, PRECINCT NO.1
HONORABLE VERN LYSSY
COMMISSIONER, PRECINCT NO.2
HONORABLE NEIL E. FRITSCH
COMMISSIONER, PRECINCTNO. 3
HONORABLE KENNETH W. FINSTER
COMMISSIONER, PRECINCT NO.4
, Deputy Clerk
EXHIBIT
SHO'r{IHG a 2505 SQu!)rE! foot ttCcci of Ion,). 0 2626 .5Quore f'Jot tract of 10",1 sltulltad In what is
calle.;! Wi Ikens Drive. a"d 5ho...in';I on 1147 SQlJore foot tract of land cnd I) 160 squo,ce f<)<;,t tract
of land sitl.loted In ~tlat ;5 COlle(j Denver Aver,lI'l <:1$ s...o_n en the e..Istll19 olat of Bayslde Beoch
Subdivislc-r.. Unit 2. a subd;v1s1m in Colho'Jn CO..lntJ' Texos. acct.-din? to the estobllsheo map
and pl,)t of sold subdivision recor'de1 il1 Volum:. l, Page ~f> of the Plot Rer.ords of Colhcf.ln
County, Texas,
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POWDERHORN LAKE
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LI , /5'53'01' E 45. ee'
U 521'06'.6" ~ 25. l~'
L3 N 75'53'01" W 45,'10'
L'I II 21'06'48" E 25. l~'
L5 II 14'0.'59' E 23.81'
L~ II 21'08'40" E I.I~'
L1 521'08'40" .., ..15'
LO II 68' 51' 12' .., 45.53'
//
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POWDERHORN DRIVE
(50' R.O.W.)
(5. LA SALLE PER PLAT)
CUR'IE RADIUS lilT. 41iGL E CHenD BEARl/IO AliU LEIIG!'; '.R': L EIlG TH
-- ., 0.' 10' 42"'" -~~
tI 325'00' 11' ']' 4'- 91.3r.'
C2 350.00' 16' 48' 10' S 03'16'0(,"[ i02.21' lOt. oJ'
Cl 375.00' 15.JI'53~ 5 0,'SS'07"E 101.]" 101.65 .
t4 375.00' 00',3'50" 10'14' 17"'l'I 5.87 . ~. 87'
THE ABOVE PLAT -'-NO ACCOI,IPANYIHG LEGAL DESCRiPTIO II ':.ERE
PREPARED FAOI,1 ;\II I,CTUAL SURVEY I.IADE (IN THE GROVIID
UNDER I,IV SUPERVISIO:.j It! JUL'/, 201 t AlID "HE TRlIE MID
CORRECT TO THE OEST OF I.IY I\tWV.'LEDGE .'ND BELIEf. c .c_
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(;R~PHIC SCALE 1:1 FeEl
V~ 60 120
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DRAI':/l BY. W.P.L.
JOB 110.: 518114.01
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URBAN SURVEYING INO,
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CUEllO ':(45 ~H!l f:"1-\Jt-ti'
VII.\. PATRICK HOHLT
REGISTERED PROFESSIONAL
TEXAS no. 5523
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EXHIBIT
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1147 SQUARE FEET
THE STATE OF TI~XAS}
THE COUNTY OF VICTORIA}
BEING an 1147 square foot tract of land situated in what is called Denver A wnue as shown on
the existing plat of Bayside Beach Subdivision, Unit 2, a subdivision in Calhoun County, Texas,
according to the estahlished map and plat of said subdivision recorded in Volume Z, Pagc 46 of
the Plat Records of Calhoun County, Texas, said 1147 square foot tract ofland being more fully
described by metes and bounds as (()llows:
COMMENCING at a 5/8 inch dianH:ter steel rebaI' flJlllld marking the southwest corner of Lot I,
Block 120, Baysidc Beach Subdivision, Unit 2;
THENCI~, South 75 deg. 53' 01" cast, with the south line of said Lot I, Block 120, a distance of
135.67 feet to a 5/8 diameter steel rebaI' set to mark the north corner and POINT OF
BEGINNING of the herein described tract;
THENCE, South 75 deg. 53' 0 I" cast, continuing with the south line of said Lot I, Block 120, a
distance of 45.88 feet to a 5/8 inch diameter steel rebaI' set to mark the east corner of the herein
described tract;
THENCE, South 21 deg. 08' 48" West, a distance 01'25.19 feet to a 5/8 inch diameter steel rebaI'
set in the center of Denver A venue for the south corner of the herein described tract;
THENCE, North 75 deg. 53' 0 I" West, with the c<::nterline of said Denver A venue, a distance of
45.88 feet to a 5/8 inch diameter steel rehar set to mark west corner ofthc herein described tract;
THENCE, North 21 deg. 08' 48" East, a distance 01'25.19 feet to the POINT OF BEGINNING,
CONTAINING within these metes and bounds an 1147 square ((lot tract of land, more or less.
All 5/8 inch diameter steel n:bar marked with yellow plastic cap stamped "URBAN
SURVEYING, INC."
Bearings are based on bearings of record recorded 11) Instrument No. 126157 of the Onicial
Public Records of Victoria County, Texas.
The foregoing legal description and accompanying survey plat were prepared li'om an actual
survey made on the ground under my supervision in July 2011 and are true and correct to the best
of my knowledge and bel ief.
/
frl.
Urban Surveying, Inc.
By: Will. Patrick Hohlt
Registered Professional Land Surveyor
Texas No. 5523
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EXHIBIT
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ISO SQUARE FEET
THE STATI~ OF TEXAS}
THE COUNTY OF VICTORIA}
BEING a 180 square toottracl of land situated in what is eallcd Dcnvcr Avcnue as shown on the
existing plat of Bayside Beach Subdivision, Unit 2, a subdivision in Calhoun County, Texas,
according to the established map and plat of said subdivision recorded in Volume Z, Page 46 of
the Plat Records of Calhoun County, Texas, said 180 square foot tract of land being more fully
described by metes and bounds as follows:
COMMI~NCING at a 5/8 inch diamcter steel rcbar tillll1d marking the north corner of Lot 28,
Block 113, Bayside Bcach Subdivision, Unit 2;
THENCE, South 75 deg. 53' 01" East, with the north line of said Lot 28, Block 113, a distanctl
of 141.16 feet to a point for corner;
THENCE, North 14 deg. 06' 59" East, a distance 01'23.87 ft:et to a 5/8 diameter steel rebaI' set to
mark the.: POINT OF BEGINNING of the herein described tract;
THENCE, North 21 deg. 08' 48" East, a distance of 1.14 feet to a 5/8 inch diameter stcd rebar
set in the center of Denver A venue tor the north corner of the herein described tract;
THENCE, South 75 deg. 53' 01" East, with the centerline of said Denver Avenue, a distance of
45.88 feet to a 5/8 inch diamctcr steel rebaI' sct to mark east corner of the herein described tract;
THENCE, South 21 deg. 08' 48" West, a distance of 6.75 It:ct to a 5/8 indl diameter steel rebar
set to mark the southeast corner of the herein described tract;
TH"~NCE, North 68 deg. 51' 12" East, a distance of 45,53 red to the POINT OF BEGLNNING,
CONTAINING within these mctes and bounds a 180 square foot tract of land, more or less.
All 5/8 inch diameter stetll rebaI' marked with yellow plastic cap stamped "URBAN
SURVEYING, INC."
Bearings arc based on bearings of record recorded in Instrumcnt No. 126157 of the Ofticial
Public Records of Victoria County, Texas.
The foregoing legal description and accompanying survey plat were prepared t[mn an actual
survey made on the ground under my supervision in July 20 II and are true and correct to the bcst
or my knowledge and belief.
(~ pC~~~
Urban Survey!ng, Inc. .r/ //) /1
8y: Wm. Patrick Hohlt' "
Registered Professional Land Surveyor
Texas No. 5523
S 18114-0 I D-rcv
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EXHIBIT
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AGREEMENT
In the event that Peter Benshetler is successful in getting Calhoun County to abandon the
portion of platted road no. 4 (which is a 180 square foot tract of land situated in what is
called Denver Avenue as shown on the existing plat of Bayside Beach Subdivision, Unit
2 - see Notice to the Public Exhibit A) the parties agree that same portion of land will be
conveyed to Peter Benshetler for $ /.60 ~ and other valuable consideration.
Parties c...-/./'
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Name
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Peter Benshetler
8/021 Iii
V ACA TE AND ABANDON PORTIONS OF WILKENS DRIVE
AND DENVER AVENUE IN BA YSIDE BEACH SUBDIVISION, UNIT 2,
PRECINCT NO.1, CALJlOUN COUNTY, TEXAS
A Motion was made by Commissioner Galvan and seconded by
Commissioner Lyssy to Vacate and Abandon portions of
roadways in Wilkens Drive and Denver Avenue in Bayside Beach Subdivision, Unit 2,
Precinct No.1, Calhoun County, Texas as shown on the following Order with exhibits
attached.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer
all voted in favor.
Commissioners
voted not in favor.
ORDER DECLARING CLOSURE OF PORTIONS OF WILKENS DRIVE
AND DENVER A VENUE IN BAYSIDE BEACH SUBDIVISION, UNIT 2,
PRECINCT NO.1, CALHOUN COUNTY, TEXAS
WHEREA'S, on the 22nd day of September, 2011 the Commissioner's Court of
Calhoun County, Texas considered Hie request of Peter Benshetler, being a property
owner in Precinct 1 of Calhoun County, Texas, to abandon and vacate the following
portions of Wilkens Drive and Denver Avenue in Bayside Beach Subdivision, Unit 2,
Precinct No.1, Calhoun County, Texas:
Portion of Platted Roadway No.3: An 1147 square foot tract of land situated in what is
called Denver Avenue as shown on the existing plat of Bayside Beach Subdivision, Unit 2, a
subdivision in Calhoun County, Texas, according to the established map and plat of said
subdivision recorded in Volume Z, Page 46 of the Plat Records of Calhoun County, Texas. Said
portion of platted roadway to be abandoned and vacated is labeled "No.3" on the survey plat
attached hereto as Exhibit "A" and is more fully described by metes and bounds on the fieldnote'
description attached hereto as Exhibit "D".
Portion of Platted Roadway No.4: A 180 square foot tract of land situated in what is
called Denver Avenue as shown on the existing plat of Bayside Beach Subdivision, Unit 2, a
subdivision in Calhoun County, Texas, according to the established map and plat of said
subdivision recorded in Volume Z, Page 46 of the Plat Records of Calhoun County, Texas. Said
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portion of platted roadway to be abaildoned and vacated is labeled "No.4" on the survey plat
attached hereto as Exhibit "A" and is more fully described by metes and bounds on the fieldnote
description attached hereto as Exhibit "E".
WHEREAS, Texas Transportation Code ~251.051 vests in the' Commissioner's
Court the authority to abandon or vacate a portion of the Public Road; and
WHEREAS, the Commissioners have not previously classified the subject road as
either a first class or second class road; and
WHEREAS, the Commissioner's actions to abandon or vacate the portions of
roadways have not been enjoined or sought to be enjoined by any party; and
WHEREAS, proper notice of the petition to abandon and vacate the portions of
roadways has been posted at the Courthouse door of Calhoun County, Texas and at other
places in the vicinity of the roadways, being at the J&T One Stop, the Port Lavaca Post
Office and at the roadways to be abandoned and vacated, for at least twenty (20) days
before the date the application was made to the Court; and
WHEREAS, the Commissioners have voted unanimously to abandon and vacate
the portions of the roadways labeled ~'No. 3" and "No.4" on the survey plat on the
attached Exhibit "A" and more fully described by metes and bounds on the fieldnote
descriptions attached as Exhibits "D" and "E"; and
WHEREAS, alLrequirements of Texas Transportation Code ~251.051 and 251.052
have been complied with in declaring said roadways to be abandon and vacated.
NOW, . THEREFORE, ON MOTION DUL Y MADE BY Commissioner
Galvan
and SECONDED by Commissioner
Lyssy
, and upon said Motion having been approved
}
by the Commissioner's Court in a properly posted public meeting;
IT IS ORDERED AND DECREED, that Calhoun County does hereby CLOSE,
ABANDON and V ACA TE those portions of roadways labeled "No.3" and "No.4" on
the survey plat on the attached Exhibit "A" and more fully described by metes -and
bounds on the fieldnote descriptions attached as Exhibits "D" and "E".
IT IS FURTHER ORDERED AND DECREED that on the date this Order is
signed, title to the portion of roadway containing 1147 square feet, labeled "No.3" on the
attached Exhibit '4A" and being more fully described by metes and bounds on the
fieldnote description attached as Exhibit "D", closed by this Order is vested in John
Schiller and Lynwood Schiller, the owners of the property that abuts the side of the
closed road, pursuant to Texas Transportation Code ~251.058(b).
IT IS FURTHER ORDERED AND DECREED that on the date this Order is
signed, title to the portion of roadway containing 180 square feet, labeled "No.4" on the
attached Exhibit "A" and being more fully described by metes and bounds on the
fieldnote description attached as Exhibit "E", closed by this Order is vested in Kenneth P.
Gardner and Becky L. Gardner, husband and wife, the ~wners of the property that abuts
the side of the closed road, pursuant to Texas Transportation Code g251.058(b).
SIGNED THIS 22nd day of September, 2011.
ATTESTED TO BY:
ANITA FRICKE
CALHOUN COUNTY CLERK
~ )
After Recording Return:
Christopher Wall
Roberts, Roberts, Ode fey & Witte
P. O. Box 9
Port Lavaca, Texas 77979
CALHOUN COUNTY; TEXAS
HO ORA 0
- COMMIS lONE R CINCT NO. 1
()~~
HONORABLEV RN SSY
COMMISSIONER, PRECINCT NO.2
(Jtp/~
H 0 BLE NEIL E. FRITSCH
COMMISSIONER, PRECINCT NO.3
~w.~
HONORABLE KENNETH W. FINSTER
COMMISSIONER, PRECINCT NO.4
, Deputy Clerk
EXHIBIT
SIlO'tlltlG a 2505 SQVore /Clot tn~~t l)f 10'''J. 'J 2~26 SQUOre /'_Ot troct of lon,l SltlJotao I" '.hot is
collad Wilkens Orlvo. and sM~'ln" on 1141 SClu~ro foot troct 01 lond Ond t) 180 SQUO"O foojt, troct
of lond sltlJoted I" ~nQt is called Oenv~r Aver.u'3 os ~~<,.n en the edst',,? [,lo!'of 60ysh16 B~.Qt;n
SUboivlsIN'. I)nlt 2. c subdlvis;C'r. in Colh",",,, Count';!, Te<os. occt....dlnQ to the estoblisMd""p
.:In';! pl,~t of Said subdlvisJon rOCQrdF.1 ill VOIU!M Z, POOr. '6 of the ;>Iot Retards of Colhe'.ln
CNnty. Texos,
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URBAN SURVEVING INO, EXHIBIT
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1Hc .ABOVE F>LAT '>'N[) .';CCCI.IPANYII.m LEGAL DESCflJPTlOIJ 'f,'ERE
PREF>AREO FROM AN ACTUAL SURVEY MADE ON THE GROUUO
UtJOEAI.1Y SUPERVISION III JUl", ~01l AIJO ~.nE TFllIE ""ID
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1147 SQUARE FEET
THE STATE OF TEXAS}
THE COUNTY OF VlCTORIA}
UEING nn 1147 squnre foottl'llct orlano ~itualed in what is culled Denver Avellllt: us shown on
[he existing plat of Bayside Beach Subdivision, Unit 2. a subdivision in Calhoun County, Texas,
according to the estahHshed map and pial of said subdivision re(;(lrded in Volume Z. Pase 46 of
the Plat Records of Calhoun County. Texas. said 1147 square fMt tract of land being more tiJlly
described by metes and bounds as follows:
COMM ENCING at Ii 5/8 in"h diameter sted rebar foulld marking the s(luthwest corner of Lot I,
Block 120, Bayside Beach Subdivision, Unit 2;
TH ENCE. Sc)uth 75deg. 53' 0 I" Cast, with the south line of said Lut I, 1310101, 120, a dislnnce of
135.67 feet to a 5/8 diameter steel rcbar set to mark the Illmb' "orner and POINT OF
BEGINNING orthc herein described trad;
THENCE, South 75 deg. 53' 0 I" East, clllllil1uing with lhe soutlllint! 0" said Lot I, I:llock 120, a
distance of 45.88 feet to a 5/8 inch dialn~ter steel rebar set to mark the east comer of the herein
described Iraet;
THENCE, South 21 dcg. 08' 48" West, a distance of25.1lJ reel 10 a 5/8 inch di,lIlu:ter sted rcbllr
set in the cenler of Denver Avenue for the south t:llrncr of the herein descr.ibed tmct;
THENCE, North 75 deg, 53' 01" W~st, with the eenrcr/inc of said Denver Avenue, a distance uC
45.88 feet to a SIR inch diameter steel rebar set to mark west CClrner oflbe herein described tract;
TIifi:NCli:, North] I deg. 08' 4&" East, a distance of25.19 feCI to the POINT OF IlILGINNING,
CONTAINING wilhin these metes and bounds an 1147 square foot trae! afland, more or less.
All 5/8 inch diameler steel rebar marked with yellow plllst;c cap stamped "URBAN
SURVEYING, INC."
Bearings are based on bearill~S of fe<:ord recorded in InSlrul1lent No. 126157 of (he Official
Public Records of Victoria COUllty, Texas.
The foregoing legal des"riplion and 8"wmpunying survey plat wert! prepal't~,d from all actual
survey made on the ~round under mysupervision in July 201 I Jlnd IU'C true and correct ltl the best
of my knowledge and belief.
"
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Urban Surveying, Inc.
By: WI11. Patrick Hohlt
Registered Professional Land Surveyor
Texas No. 5523
S 18114-0IC-rev
11
I
.
EXHIBIT
"D"
,
180 SQUARE FgET
THE STAT/<: OF' n:XAsl
THE COUNTY OF VICTORIAf
BEING a 180 square 1001 tracl 01' land situated in whut is callcdDcnvcr Avcnue as shown onthc
existing plat of Bayside Beach Subdivision, Unil 2, a sllbdivision ill Calhoun County, Texas,
according to Ihe c,slabJished map and plat of said suhdivisioll recorded in Volume Z, Page 46 of
Ihe Plat Records of Calhoun County, Texas. said IS() square foot tract of land being more flllly
described by metes and bounds as follows:
COMMgNCING at a 5/8 inch diameter steel rcbar thllnd marking the Ilanh comer of Lot 28,
Block 113, Bayside Beach Subdivision, Unit::!;
THF.NCE, Sllllth 75 deg. 53' 01" ElISl, with the north line of said Lot 28, Block 113. a distance
of 141.16 feet to a point for corner;
THENCg, North 14 deg, 06' 59" East, a distance llf23.87 feet to a 5/8 diameter sleel n:bar set III
Illark thl.< POINT OF BEGINNING oflhe hereill described tract;
THENCE, North::! I deg. 08' 48" E<lst, a dislanc~ of 1.14 feet to a 5/8 inch diameter steel n:har
set in the center of Denver A venue for the north corner oflhc herein des.:ribed tract;
THENCE, Soulh 75 deg. 53' 0 I" East, with the ':C:lllerlinc of said Denver A vt:nue, a distance of
45.88 feet to a 5/8 inch diameter sleel rebar settllmark east corner of the herein described tract;
THENCI<:, South 21 deg. 08' 48" West, a distance of 6. 75 Ib'lto a 5/8 inch diameter steel rebar
set to mark the southeast corner of the herein des.:ribed tract;
THENCE, North 68 deg. 51' 12" East, a distance llf 45.53 fect III the POINT OF BEGINNING,
,CONTAINING within these metes and bounds a 180 square !Ooltract or land, more or less.
All 5/8 inch diameter sll:el rebur marked wilh yellow plastic cap stamped "URBAN
SURVEYING, INC."
Bearings are based on bearings of re.c<.lrd l'eC\lrded ill Instrument No. 126157 of the Official
Publ ic Records of Victoria COllnty, Texas.
The t(lfl~going legal description and accofl1panying survey plat were prepared fWfl1 an actual
survey made on the ground under I1IY supervision in July 201111.nd are true and correct l(1 the best
of my knowledge und belief.
~
Urban Surveying, Inc.
l3y: Wm. PUlrick Hohlt
Registered Professional Land Surveyor
Texas No, 5523
.\
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Sl8114-0ID-rev
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EXHIBIT
IrEn
SeptHber 2.2 2111 3: 16 PI!
This Docmnt has been receiYed by this Office for
Recording into the Official Public Records. We do
hereby SftAT that lie do not discl'ili natl! due to
Race, Creed, Color, Sez Dr National Ori,in.
Filed fO!' Record in: fA
Calhoun Coon
1Io1lOrable AnIta Fricke
County Clerk
~~
Instr.: 127956
Stalll5: 8 Page (s)
APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR
PROPOSALS FOR INSURANCE AND RISK MANAGEMENT CONSULTANT SERVICES:
A Motion was made by Commissioner Galvan and Seconded by Commissioner Lyssy to approve the
specifications and authorize the County Auditor to advertise for proposals for insurance and risk
management consultant services. Proposals will be due Thursday, October 6, 2011 and will be
considered for award on Thursday, October 13, 2011. There was discussion from Commissioner Finster
who was concerned about the need to hire a consultant to review the insurance coverage.
Commissioners Galvan, Lyssy, Fritsch and Judge Pfeifer voted in favor; Commissioner Finster voted
against. The Motion carried,
PEGGY HAll
CRISTINA P TUAZON
CANDICE A FALTESEK
ASSISTANT AUDITORS
LUCY M 010. CPA
1ST ASSISTANT AUDITOR
September 22,2011
202S ANN .STEB
PORT lAVACA. TEXAS 11919
TELEPHONE (3611 553-4610 FAX (361) 553-4614
Reauest For Proposal for the followina:
Insurance and Risk Management Consultant Services
RFP Due: October 6, 2011 (by 10:00 AM)
RFP Considered for Award: October 13, 2011 (10:00 AM)
The RFP is available in hard copy or PDF Format. If you would like a hard copy,
please contact our office.
Calhoun County Auditor's Office
Attn: Peggy
202 S Ann St, Ste B
Port Lavaca TX 77979
(361) 553-4610
peaav. hall@calhouncotx.ora
Questions regarding the proposals should be directed to:
Cindy Mueller
County Auditor
361-553-4611
cindv .mueller~calhouncotx.ora
~
INSURANCE AND RISK MANAGEMENT
CONSULTANT SERVICES
Calhoun County is seeking to contract with a qualified individual or firm to perform an
independent and objective review of the County's insurance and risk management
program in order to assess the County's needs. Experience working with Texas
counties is required. Contract must be accomplished in a timely manner and in
accordance with regulations of Texas Department ofInsurance and the Texas Local
Government Code. Services to include, but not be limited to, the following:
. Attend Commissioners Court meeting on October 27,20] 1 to present and discuss
any recommended changes in County's insurance program.
. Assist with preparation of an RFP for renewal of County's property/casualty and
liability insurance coverage, including workers compensation, which expires
January 1, 1] or 28,2012. The County Auditor's staff will assist in obtaining
information needed for the RFP.
. RFP must be completed no later than November 4, 20] ].
. Review and analyze proposals received in response to the RFP.
. Make a recommendation to the Commissioners Court as to the proposal that is the
best value that best meets the needs of the County.
Please submit one original and two copies of your proposal of services, proposed
contract and statement of qualifications for these proposed services to the address
below:
Michae] J, Pfeifer
Calhoun County Judge
21] South Ann St, Suite 301
Port Lavaca, TX 77979
Proposals must be received no later than 10:00 A.M., Thursday, October 6,2011
GENERAL CONDITIONS
OF SUBMITTING PROPOSALS
TO CALHOUN COUNTY, TEXAS
FAILURE TO COMPLY WITH THE GENERAL CONDITIONS AND SPECIFICATIONS OF
SUBMITTING PROPOSALS MAY RESULT IN THE PROPOSAL BEING DISQUALIFIED.
1. PROPOSAL: ~ SUBMIT 1 ORIGINAL & 2 COPIES OF Proposal of
Services, Proposed Contract, & Statement of
Qualifications
A. DUE - TIME AND DATE: Proposals must be in the office of the County Judge,
by 10:00 AM, THURSDAY, OCTOBER 6,2011. The clock in the County Judge's
office is the official clock that will be used in determining the time that a bid is
received and the time that bids will be opened. A late delivery with an early
postmark will not suffice. Be sure you have allowed ample time for postal delivery.
The County will not be responsible for the delivery of your proposal to the office of
the County Judge. If you choose to send your proposal by postal delivery, then it is
recommended that you call the County Judge's office at 361-553-4600 to verify
receipt of your proposal prior to the opening date. Calhoun County accepts no
financial responsibility for any cost incurred by any vendor in the course of
responding to these specifications. Calhoun County does not accept faxed or
em ailed proposals.
All PROPOSALS ARE DUE on or before 10:00 AM. THURSDAY.
OCTOBER 6,2011 at the following address:
Michael J Pfeifer, County Judge
Calhoun County Courthouse
211 S Ann St
3rd Floor, Ste 301
Port Lavaca TX 77979
~ Mark outSide of envelope:
SEALED PROPOSAL - 'Tnsurance & Risk Management Consultant Services"
Page I of3
B. WITHDRA W AL OF PROPOSAL: A vendor may withdraw his/her proposal before
County acceptance of his /her proposal without prejudice to himself/herself, by
submitting a written request for its withdrawal to the County Judge.
C. PROPOSAL OPENING & AWARD: Vendors are invited to be present at the
opening (acknowledgement) ofRFPs on Thursday, October 6,2011, 10:00 AM, in
the County Judge's office, 3rd Floor, Room 301. The RFP/Contract will be
considered for award during Commissioners' Court on Thursday, October 13,2011.
D. The Proposal must be signed and dated by an officer (or employee) who is duly
authorized to execute this contract, that this company, corporation, firm, partnership
or individual has not prepared this proposal in collusion with any other Vendor, and
that the contents of this proposal as to prices, terms or conditions of said proposal
have not been communicated by the undersigned nor by any employee or agent to
any other person engaged in this type of business prior to the official opening of this
proposal.
2. AWARD
Commissioners' Court reserves the right to waive technicalities, reject any or all proposals,
to accept the proposal deemed most advantageous to Calhoun County and to be the sole
judge in determining which proposal will be most advantageous to Calhoun County.
The County of Calhoun, Texas is an Equal Employment Opportunity Employer.
the County does not discriminate on the basis of race, color, national origin, sex,
religion, age or handicapped status in employment or the provision of services,
3. DELIVERIES:
Upon any breach of contract, the County reserves the right to proceed against the
successful vendor and/or the surety on his bond for any and all damages occasioned by
the breach.
4. REJECTIONS:
All disputes concerning this proposal will be determined by Commissioners' Court or their
designated representative.
5. CONDITIONS PART OF PROPOSAL:
The General Conditions of Submitting Proposals defined herein shall be a part of the
attached proposal.
Page 2 of3
6. PROTEST PROCEDURES:
Any actual or prospective vendor who believes they are aggrieved in connection with or
pertaining to a proposal may file a protest. The protest must be delivered in writing to the
Auditor's Office, in person or by certified mail return receipt requested prior to award. The
written protest must include:
I. Name, mailing address and business phone number of the protesting party;
2. Appropriate identification of the proposal being protested;
3. A precise statement of the reasons for the protest; and
4. Any documentation or other evidence supporting the protest and any
alleged claims.
The Auditor's Office will attempt to resolve the protest, including at the Auditor's option,
meeting with the protesting party. If the protest is successfully resolved by mutual
agreement, written verification of the resolution, with specifics on each point addressed
in the protest, will be forwarded to Commissioners' Court.
If the Auditor's Office is not successful in resolving the protest, the protesting party may
request in writing that the protest be considered by Commissioners' Court. Applicable
documentation and other information applying to the protest will be forwarded to
Commissioners' Court, who will promptly review such documentation and information.
If additional information is desired, Commissioners' Court may notify the necessary party or
parties to the protest to provide such information. The decision of Commissioner's Court
will be final.
7. PUBLIC INFORMATION ACT:
A. All governmental information is presumed to be available to the public. Certain
exceptions may apply to the disclosure of the information. Governmental bodies
shall promptly release requested information that is not confidential by law, either
constitutional, statutory, or by judicial decision, or information for which an
exception to disclosure has not been sought.
B. To request information from Calhoun County, please contact:
Calhoun County Auditor's Office
Courthouse Annex II
Attn: Cindy Mueller, County Auditor
202 S Ann St, Ste B
Port Lavaca, TX 77979
Phone: 361-553-4610
Fax: 361-553-46]4
Email: cindy.mueller@calhouncotx.org
Page 3 of3
-.c".
APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR
PRESCRIPTION DRUG BIDS FOR THE CALHOUN COUNTY ADULT DETENTION CENTER AND
THE CALHOUN COUNTY INDIGENT PROGRAM:
A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to approve the
specifications and authorize the County Auditor to advertise for bids for prescription drugs for the
Calhoun County Adult Detention Center and the Calhoun County Indigent Program beginning January 1,
2012 and ending December 31, 2012, The bids will be due Thursday, November 3, 2011 and will be
considered for award on Thursday, November 10, 2011. Commissioners Galvan, Lyssy, Fritsch, Finster
and Judge Pfeifer all voted in favor.
CALHOUN COUNTY, TEXAS - Prescription Drugs Form
PRESCRIPTION DRUGS
b~inl
JANUARY 1,2012 Thru DECEMBER 31,2012
~ Return this Form (page 1), if submitting a bid for Prescription Drugs
for the Calhoun County Adult Detention Center (Jail)
.(i~IH-ount@oll!llo/IlUiiIDD:etenfiO~!!!@enlerIl6ail~
Fill in appropriate blanks
AMOUNT or PERCENT AGE TO BE (DEDUCTED FROM) AVERAGE WHOLESALE PRICE (A WP):
Generic---->A WP Minus
+
Amount or Percentage
Dispensing Fee and/or Other Charges, if any - please list
If no Dispensing Fee and/or Other Charges, please put NONE
Name Brand-----> A WP Minus
+
Amount or Percentage
Dispensing Feee and/or Other Charges, if any - please list
If no Dispensing Fee and/or Other Charges, please put NONE
SPECIFICATIONS:
~ 100% Credit on any full or partial ,blister cards or medications that are returned as
allowed by law.
,,~ Bid must clearly state if there are any processing fees and/orshipping fees associated
with these returns.
~ All charges must be included in bid price.
~ No other charges may be added to the bid price when invoiced unless noted as an
exception on the bid form.
~ "Average Wholesale Pricing" will be made available to Calhoun County when requested.
Calhoun County may audit the billing at any time.
No Person has the authority to verbally alter these specifications. Any changes to specifications will be made in writing (Addendum
approved by Commissioners' Court) and sent to each person having a bid package.
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or
individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms, or conditions
of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of
business prior to the official opening of this bid.
Authorized Signature &,Title:
Print Name & Title:
Telephone Number:
Email
Date of Bid:
Fax Number:
List any exceptions to the given bid specifications:
Page 1 of 1
.-']
CALHOUN COUNTY, TEXAS - Prescription Drugs Form
PRESCRIPTION DRUGS
~ti):lfI mt:yJ1 m:a:ige:gj:1BrlQ~S 118m1
JANUARY 1, 2012 Thru DECEMBER 31, 2012
~ Return this Form (page 1 & 2), if submitting a bid for Prescription
Drugs for the Calhoun County Indigent Program
"@illi~ou~t@ou~twJItdlg~nI1:e~o.e'liam]
EilP NET COST to be computed in accordance with the Department of State Health Services, County Indigent
Health Care Program Handbook, Payment Standard for Prescription Drugs. (Section Four, Page 10, from
the DSHS Handbook attached - Handbook may be updated at various times during the year)
Fill in aoorooriate blanks
Net Cost:
Generic--> AWP Minus 50% LESS Additional Discount
Minimum Amount Additional Discount
PLUS
Plus Dispensing Fee,if any ($3,00 maximum)
=
Total Discount Percentage off of AWP (Minimum is 50%)
Net Cost:
Name Brand--> AWP Minus 15% LESS Additional Discount
Minimum Amount Additional Discount
PLUS
Plus Dispensing Fee, if any ($3,00 maximum)
=
Total Discount Percentage off of AWP (Minimum is 15%)
SPECIFICATIONS:
~The formula taken from Section Four, Page 10 of the CIHCP Handbook will be used for the Calhoun
County Indigent Program less any additional discounts, if any are given. (See attached copy of Section
Four, Page 10 of the CIHCP Handbook)
'~. All charges must be inCluded in bid price.
~ No other charges may be added to the bid price when invoiced unless noted as an exception on the bid
form.
~ "Average Wholesale Pricing" will be made available to Calhoun County when requested. Calhoun
County may audit the billing at any time.
Each monthly billing will inClude the following:
· Pharmacy Name & Address
· Date
· Patient Name & Address
· New or Refill
· Drug Name (Generic or Name Brand Noted)
· A WP AMOUNT
· PRICE THAT IS CHARGED TO CALHOUN COUNTY
~ Pharmacy benefits will be limited to a maximum of three prescriptions not exceeding $30 a month.
~Only generic drugs will be paid for by the Indigent Program, unless generic drugs are not available.
No Person has the a~t~ority ~o verbally alter these specifications, Any changes to specifications will be made in writing (Addendum
approved by CommIssIOners Court) and sent to each person having a bid package.
Page 1 of 2
Calhoun County, Prescription Drugs, County Indigent Program (continued)
*CALHOUN COUNTY will use the below formula taken from Section Four, Page 10 of the CIHCP
Handbook less any additional discounts, if any are given.
Prescription Drugs:
This service includes up to three prescription drugs per month. New and
refilled prescriptions count equally toward this three prescription drugs per
month total. Drugs must be prescribed by a physician or other practitioner
within the scope of practice under law.
The quantity of each prescription depends on the prescribing practice of the
Physician and the needs of the patient.
*Pavment Standard:
Use the following information and formula
. Utilizing any pharmaceutical company's database that provides average wholesale pricing, look-up the drug's
ll-digit NDC number and the quantity dispensed to determine the average wholesale price (AWP),
. Net Cost is:
Generic prescription drugs is AWP minus 50%
Brand name prescription drugs is AWP minus 15%
· The drug dispensing fee is $3.00
· The formula for computing the TDSHS Payable is:
Net Cost + drug dispensing fee = TDSHS Payable
Example: Prescription is written for 34 generic tablets
AWP for 25 tablets is $100.00.
1. $100,00 divided by 25 = $4,00 per tablet
2. $4.00 per tablet x 34 tablets (prescribed quantity) = $136.00
3. $136,00 - $68.00 (50% for generic) = $68,00
4. $68.00 + $3.00 (dispensing fee) = $71.00 TDSHS Payable
· A payment amount may be negotiated with the provider for:
Prescription compound drugs,
Prescription drugs not found in any pharmaceutical database, or
Prescription drugs that do not have an NDC number
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or
individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms, or conditions
of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of
business prior to the official opening of this bid.
Authorized Signature & Title:
Print Name & Title:
Date of Bid:
Telephone Number:
Fax Number:
Email:
List any exceptions to the given bid specifications:
Page 2 of2
SECTION FOUR
SERVICE DELIVERY
Page 10
Basic Health Care Services (continued)
Prescription
Drugs
Rural Health
Clinic (RHC)
Services
This service includes up to three prescription drugs per month. New and
refilled prescriptions count equally toward this three prescription drugs per
month total. Drugs must be prescribed by a physician or other practitioner
within the scope of practice under law.
The quantity of each prescription depends on the prescribing practice of
the physician and the needs of the patient.
Pavment Standard. Use the following information and formula.
.. Utilizing any pharmaceutical company's database that provides
average wholesale pricing, look-up the drug's 11-digit NDC number
and the quantity dispensed to determine the average wholesale price
(AWP).
.. Net Cost for:
o Generic prescription drugs is AWP minus 50%
o Brand name prescription drugs is AWP minus 15%
.. The drug dispensing fee Is $3.00.
.. The formula for computing the TDSHS Payable is:
Net Cost + drug dispensing fee = TDSHS Payable
Examole: Prescription is written for 34 generic tablets
AWPfor 25 tablets is $100.00.
1. $100.00 divided by 25 = $4.00 per tablet
2. $4.00 per tablet x 34 tablets (prescribed quantity) = $136.00
3. $136.00 - $68.00 (50% for generic) = $68.00
4. $68.00 + $3.00 (dispensing fee) = $71.00 TDSHS Payable
.. A payment amount may be negotiated with the provider for:
o Prescription compound drugs,
o Prescription drugs not found in any pharmaceutical database, or
o Prescription drugs that do not have an NDC number.
RHC services must be provided in a freestanding or hospital-based rural
health clinic and provided by a physician, a physician assistant, an
advanced practice nurse (including a nurse practitioner, a clinical nurse
specialist, and a certified nurse midwife), or a visiting nurse.
Pavment Standard: Use the Rate Per Visit in the "Medicare-Approved
Rural Health Clinic Rates" included in Section Four, Service Delivery.
September 2011
APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR
MEDICAL SERVICES BIDS FOR THE CALHOUN COUNTY ADULT DETENTION CENTER:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Galvan to approve the
specifications and authorize the County Auditorto advertise for bids for medical servicesfor the Calhoun
County Adult Detention Center beginning January 1, 2012 and ending December 31, 2012, Bids will be
due Thursday, November 3, 2011 and will be considered for award on Thursday, November 10, 2011.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
I
CALHOUN COUNTY, TEXAS BID SHEET - 'MEDICAL SERVICES
INVIT A TION TO BID
BIDDER
BID ITEM lMmlCAL SERVICES
I PERIID FROM: JANUARY 1, 2012
PERIIDTO: DECEMBER 31, 2012
YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST,
3RD FLOOR, ROOM 301, PORT LA VA CA TX 77979
BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID-I MEDICAL SERVICES
BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, NOVEMBER 3,2011
BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDA Y, NOVEMBER 10, 2011
THE CLOCK IN THE COUNTY JUDGE'S OFFICE IS THE OFFICIAL CLOCK THAT WILL BE USED IN DETERMINING THE TIME THAT A BID IS
RECEIVED AND THE TIME THAT BIDS WILL BE OPENED. BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO
BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID
DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST
ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE
COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN
EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED
BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS.
THE SUCCESSFUL BIDDER MUST PROVIDE CALHOUN COUNTY WITH A CERTIFICATE OF INSURANCE (NAMING CALHOUN
COUNTY AS AN ADDITIONAL INSURED) FOR GENERAL LIABILITY ($1,000,0001$2,000,000), WORKERS' COMPENSATION (IN
ACCORDANCE WITH STATE LAW) AND AUTO INSURANCE ($100,000/$100,0001$300,000).
BID ITEM:
DEPARTMENT:
MEDICAL SERVICES
.JAIL
SPECIFICATIONS: MEDICAL SERVICES
SEE ATTACHED GENERAL CONDITIONS OF SUBMITTING BIDS TO CALHOUN COUNTY, TEXAS
SEE ATTACHED CONTRACT FOR MEDICAL SERVICES
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm,
partnership or individual has not prepared this proposal in collusion with any other Proposer or Bidder, and that the contents
of this proposal or bid as to prices, terms or conditions of said proposal/bid have not been communicated by the undersigned
nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this
AUTHORIZED SlNATURE mLE:
PRINT NAME:
DATE OF BID:
TELEPHONE NUMBER:
PLEASE LIST ANY EXCEPTIINS TO mE ABOVE SPECRA TIINS:
Monday, August29,2011
BIDDER
I
CONTRACT FOR MEDICAL SERVICES
Calhoun County, a political subdivision of the State of Texas, (herein the "County") and
, a Licensed Medical Practitioner in the State of Texas,
(hereinafter the "Service Provider"), by this agreement and in consideration of mutual
promises set forth below have agreed as follows:
ARTICLE I
JAIL SERVICES
1,01 SCOPE OF SERVICES:
The Service Provider will, upon referral from the Sheriff's Department
(hereinafter referred to as "Jail") treat inmates located in the Calhoun
County Adult Detention Center facilities operated by the Sheriff's
Department. Treatment may occur both within and without the physical
confines of the Jail facilities, Treatment shall include, but not be
limited to, on-site medical care and/or treatment at least 1 to 2 times a
week by a licensed medical practitioner. The Service Provider agrees to
adopt and implement workplace guidance concerning persons with AIDS
and HIV infection and to develop and implement guidelines regarding
confidentiality of AIDS and HIV related medical information with regards to
inmates being treated for any complaint. The Service Provider will use
their best efforts to respond to an emergency situation at the facility when
needed. The Service Provider will assist the Jail to comply with TB testing
as ordered by the Texas Health Department of all new inmates to be
completed before the yth day of their admission to the facility.
1.02 REPORTING RESPONSIBILITIES:
The service Provider, once treatment has been provided, will also be
responsible for indicating any necessary therapy, additional follow-up
medical treatment or additional medical referral needed to a medical
specialist to cover any inmate problem the Service Provider believes
would require such therapy or referral. The Service Provider will be
responsible for communicating therapy or referral needs to the Calhoun
County Jail Administrator, or the designated agent. Any pre-existing'
conditions shall be noted and reported, The Service Provider will
document all treatment, need for follow-up treatment, any diagnostic tests
needed, therapy suggestions and referral needs in note form and file
the same in the inmate's medical file. If any inmate has a condition that
requires isolation from the general population this recommendation shall
be noted. Medical allergies or any special dietary requirements shall be
noted. Prior to any surgery, the Service Provider shall consult with the Jail
Administrator concerning cost and alternative payment providers,
1.03 ADDITIONAL SERVICES:
Services to be provided pursuant to this Contract, but at an additional
fee as set forth in Article III herein, include diagnostic testing, whether
routine or otherwise, extended long-term medical treatment programs
requiring more than a few treatments for a given malady, treatment
outside the Jail for medical services provided at clinics operated by the
Service Provider, Inmates will be taken to the Service Provider's office
when practical rather than the emergency room. Prescriptions prescribed
shall be cost-effective, and generics shall be used whenever practical. No
sleep aids or narcotics shall be prescribed.
ARTICLE II
INMATE SERVICES
2.01 SCOPE OF SERVICES:
The Service Provider upon referral from the Jail Administrator or
Licensed Vocational Nurse (hereinafter referred to as "L VN") shall
treat inmates that are incarcerated in the Calhoun County Jail.
Services are to include consultation and/or assistance of/with a LVN
and/or the Jail Administrator. Consultation may be by phone or on-site,
Consultation is to be diagnostic in nature to determine possible medical
malady and appropriate medical course of action, Also, the Service
Provider will provide physical examinations on site, as requested,
within the Infirmary at the Jail when phone consultation does not seem
appropriate or prudent to solve an inmate's medical dilemma. A licensed
nurse shall be provided at the jail at least 3 to 4 times a week at a set time
of day so the medical needs of the inmates can be satisfied as required by
the Texas Commission on Jail Standards, A licensed medical practitioner
shall make a minimum 1 to 2 visits to the facility per week to treaUsee
inmates,
2.02 PROCEDURE:
The LVN will routinely on a daily basis handle medical sick call in the
Jail except when it is beyond their expertise. When medical concerns
of inmates is beyond the ability of LVN, phone consultation with Service
Provider will be initiated. If phone consultation is inadequate in the
opinion of both the Jail Administrator and L VN, on-site medical
consultation will be requested of Service Provider.
2,03 ADDITIONAL SERVICES:
Services to be provided pursuant to this Contract, but at an additional fee
as set forth in Article III herein, include diagnostic testing, extended long
term medical treatment programs requiring more than minor intervention,
testing at the Service Provider's clinics, x-rays, physical examinations, lab
work or emergency medical treatment in an emergency room, hospital
care and therapy as deemed appropriate to solve an inmate's medical
dilemma,
.r--'
2.04 REPORTING RESPONSIBILITIES:
Phone consultation will be documented by L VN in inmate's medical file.
On-site consultation will require Service Provider to provide case notes
in inmate's medical file, The Service Provider will inform the Jail
Administrator or L VN during consultation of the need for testing, x-rays,
lab work or emergency treatment. The Service Provider will communicate
in writing with the Jail Administrator or LVN, the inmate's need for follow-
up treatment or referral to a medical specialist or relocation for medical
treatment, which communication shall be made part of the inmate's
medical file.
ARTICLE III
FEES
3.01 PROFESSIONAL FEES:
MINIMUM 1 to 2 VISITS TO FACILITY PER WEEK BY LICENSED PHYSICIAN
Physician Charges:
$ /Hour = Hourly Cost
Free Telephone Consultation(s) per week then
$ / = Charge per Telephone Consultation
L VN Charges:
MINIMUM OF 3 TO 4 VISIT(S) TO FACILITY PER WEEK
$ /Hour = Hourly Cost
Free Telephone Consultation(s) per week then
$ / = Charge per Telephone Consultation
This Contract shall begin January 1,2012 and end December 31,2012.
Charges for any outside-the-Jail treatment of inmates at any clinic
operated by the Service Provider, or a physician's certificate related to a
mental health commitment, or treatment of an inmate at a hospital
emergency room or for any unusual diagnostic charge, laboratory charge
or physical exams, or extended treatment program made under this
contract will be either billed by the Service Provider as provided below, or
by the independent laboratory or facility that provides such service.
3.02 BILLING:
The Service Provider will submit an invoice monthly, within 15 days of
each contract month. The Service Provider will bill Calhoun County Adult
Detention Center using his/her standard Invoice for Services for the herein
agreed fee. For services not covered by the Service Provider's agreed
fee, the Service Provider will invoice Calhoun County Adult Detention
Center using his standard invoice for Services, showing Date of Service,
Inmate Number, Test or Service Performed with itemized costs for each,
and Extended Total, at his standard prevailing prices, which shall also be
stated on the bill. Calhoun County shall pay for services monthly after the
bill is approved by the Auditor's Office and Commissioners' Court,
Commissioners' Court meets the second and fourth Thursday of each
month. Each County Department is responsible for submitting their
purchase orders for payment and the purchase orders are due by 4:00 pm
in the Treasurer's Office the Thursday before each Commissioners' Court
meeting (meetings are subject to change). No payment can be made until
Commissioners' Court approves bills for payment.
ARTICLE IV
ADMINISTRATION OF CONTRACT
4.01 TRANSPORTATION
If the Service Provider has assessed that an inmate needs to be relocated
from the Jail for medical service of any kind or for any reason, this
assessment will be relayed at the earliest possible time to the Sheriff, Jail
Administrator or his agent, so that immediate action can be taken. The
Sheriff's Department shall be responsible for initiating any paperwork
which may be needed to re-Iocate or transport the inmate for such
treatment and for the transportation to an appropriate facility,
4,02 ACCESS TO FILES:
Once an inmate has been referred to the Service Provider, the Service
Provider will be allowed to have access to that inmate's personnel and
medical file, Additionally, the Service Provider will have access to the
medical screening documents used by the Jail staff and L VN to access
an inmate's medical history and potential medical concerns, if such
records are not part of an inmate's personal or medical file. A written
request for such access is not required to be filed with the Sheriff's
Department. Under ordinary circumstances, presenting an inmate for
medical treatment will be evidence of the authority for access of such
records by the Service Provider.
4.03 SUPPORT:
While on-site, the Jail Administrator shall be responsible for providing
the Service Provider with any reasonable support, assistance or security
that may be requested.
4.04 PATIENT ACCEPTANCE:
The Service Provider is under no obligation to accept for medical
treatment an inmate that the Service Provider deems inappropriate for
treatment, however, it is not anticipated that this would ever be likely in the
course of this contract.
ARTICLE V
INSURANCE
5,01 Each party to this agreement is responsible for maintaining their own
liability insurance and worker's compensation insurance, and each
party will provide proof of same to the other party on request. The Service
Provider shall maintain during the term of this contract a malpractice
Insurance policy and a General Liability Policy naming Calhoun County as
an additional insured while providing services at the Calhoun County Adult
Detention Center, 302 W. Live Oak St., Port Lavaca, TX 77979. The
Service Provider shall provide a Certificate of Insurance for both policies
which shall provide for a fifteen (15) days advance notice to Calhoun
County of the cancellation of such policy,
ARTICLE VI
INDEMNITY
6.01 The Service Provider agrees to and shall indemnify and hold harmless
and defend Calhoun County, its officers, agents and employees from
and against any and all claims, losses, damages, causes of action, suits,
and liability of any kind, including all expenses of litigation, court costs,
and attorney's fees, for injury to or death of any person or any breach of
contract arising out of or in connection with any work done by the Service
Provider pursuant to this Agreement.
ARTICLE VII
INDEPENDENT CONTRACTOR
7.01 In all activities or services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of Calhoun County,
The Service Provider, as an independent contractor, shall be responsible
for all medical services provided and medical decisions made pursuant to
the terms of this Contract. The Service Provider shall supply all labor
required for providing of medical services as required herein. The Service
Provider shall have ultimate control over the execution of the work under
this Agreement. Calhoun County shall have no control over any decision,
recommendation, or action taken by the Service Provider pursuant to this
Contract.
7.02 The Service Provider shall retain personal control and shall give his
personal attention to the faithful prosecution and completion of the
services contracted for herein and fulfillment of this Agreement.
I
ARTICLE VIII
LICENSING
8,01 The Service Provider is required to maintain all applicable licensing
permits to practice medicine. Further, all permits to or certification
necessary to operate the Service Provider's clinics shall be maintained,
Copies of any applicable licenses are to be filed with Calhoun County.
ARTICLE IX
DEFAULT
9.01 EVENTS OF DEFAULT:
The following occurrences shall be considered events of default:
A. Failure to maintain license to practice medicine or
any restrictions being placed upon such license by
the State Board of Medicine making the providing
of services hereunder impossible or difficult.
B. Failure to maintain all permits and licenses necessary
to keep Service Provider's c1inic(s) in operation.
C. Cancellation of Service Provider's medical malpractice
insurance.
Upon an event of default, Calhoun County may terminate this Contract
on three (3) days written notice mailed by certified mail, return receipt
requested to the address listed below.
ARTICLE X
GENERAL PROVISIONS
10,01 VENUE:
The venue of this contract is Calhoun County, Texas, and this contract
shall be governed by and in accordance with the laws of the State of
Texas.
10.02 TERMINATION:
This contract may be terminated by either party upon thirty (30) days
written notice. Such notice shall be mailed return receipt requested to
the non-terminating party at the addresses listed below.
/J
, .' ~ ~
10.03 TERM:
The term of this contract will be from January 1, 2012 through December
31,2012. Any changes in the terms or conditions will necessitate the
initiation of a new contract.
SERVICE PROVIDER
BY:
Date
Address
MD
City, State, Zip Code
CALHOUN COUNTY, TEXAS
Michael J Pfeifer, County Judge
DATE
211 South Ann Street
Port Lavaca, TX 77979
BY:
APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS
FOR THE MAGNOLIA BEACH BOAT RAMP IMPROVEMENTS:
A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to approve the
specifications and authorize the County Auditor to advertise for bids for the Magnolia Beach Boat Ramp
improvements. Bids will be due Tuesday, October 25, 2011 and will be considered for award Thursday,
November 10, 2011. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor,
I
(
Susan Riley
Subject:
Peggy Hall [peggy.hall@calhouncotx.org]
Monday, September 19, 2011 8:56 AM
dhargus@gwengineers.com
'Cindy Mueller'; jjanda@gwengineers.com; ccpct1@cableone.net;
chacha. benavides@calhouncotx.org; mike. pfeifer@calhouncotx.org;
susan. riley@calhouncotx.org
RE: Specs for Magnolia Beach Boat Ramp Improvements
From:
Sent:
To:
Cc:
David,
Per our conversation this morning:
The Due date and Award date will be changed to the following:
Due: Thursday, November 3, 2011
Award: Thursday, November 10, 2011
Your advertisement dates will be: Wednesday, October 19, 2011
Wednesday, October 26, 2011
The agenda has already been posted with the original dates, so we will have to make sure the change is made in court
when the agenda item is read and approved,
I have talked with Susan and she has made a note on the Judge's copy of the agenda item.
Do you want me to return the copy we have so that the changes and corrections can be made?
Thanks,
Peggy
From: Peggy Hall rmailto:oeaav.hall@calhouncotx.oral
Sent: Friday, September 16, 2011 10:45 AM
To: 'jjanda@gwengineers.com'
Cc: 'Cindy Mueller'; ccpctl@cableone.net; chacha.benavides@calhouncotx.org
Subject: Corrections to Specs for Magnolia Beach Boat Ramp Improvements
Importance: High
Joe,
We have the following corrections to the Contract Documents for the Construction of Magnolia Beach Boat Ramp
Improvements:
P~. 00020 - 1
Item 1- address correction for County Auditor's Office
From: Calhoun County Auditor's Office, Courthouse Annex, 201 West Austin Street, Port Lavaca TX 77979
mGalliounrGountY1A..uaifi)'fJ.sr0JfiEelCoc:u:thousel~nnex/l1,!202IS~nn]St~l!avaca~
P~. 00705-3
Item 7, - B, - address correction for County Auditor's Office
1
--
From: Courthouse Annex Building
mCow:tliousel~nnexllI
From: 201 W Austin St
~202IS!A~
PR:. 00820-1
,02 INSURANCE REQUIREMENTS
Need to add:
:Galnoun~y~mea~aitionaiIinsur.ea&IT(insurance~quir.ements
Suggestion on how to include:
a, Furnishthe "OWNER", COUNTY OF CALHOUN with a CertifiCate of Insurance, containing a THIRTY-DAY
CANCELLATION CLAUSE, showing CONTRACTOR as the named insured rp;:;alnamingrCounty;gA'tallioun~
r;;ai:Jitionallinsur..eCJTforlTall[insurancelrequirement~ and showing at least the following coverages:
WE ALSO HAVE THE FOLLOWING QUESTION:
Is there a reason as to why the bids are due on Tuesday, October 25th? (Is it to give the bidders as much time as
possible to submit their bids?)
Bids are usually due the Thursday before they are awarded. This gives the person tabulating the bids time to review and
prepare thetabulations and recommendation that will be presented to Commissioners' Court,
If they are due on Tuesday, will that be enough time to review and tabulate the bids for court on Thursday? (you will
need 8 copies of the tabulations/recommendation for court - One for each Commissioner, One for the Judge, One for
County Auditor, One for the County Clerk, and One for the Port Lavaca Wave)
ADVERTISING REQUIREMENTS:
Must advertise at least two consecutive weeks with the first day of publication occurring at least 14 days before the date of the bid
opening
If you keep Due Date of Tuesday, October 25,2011, you will need to advertise in the Port Lavaca Wave on the following
dates:
Saturday, October 8, 2011
Saturday, October 15, 2011
If the Due Date is changed to Thursday, October 20,2011, advertising dates are:
Wednesday,October 5, 2011
Wednesday, October 12, 2011
Please call me if I have confused you or if you have any questions.
Peggy
553-4610
2
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;;:',::~~~~'~:;'i
APPROVE ACTION ON PROFESSIONAL SERVICES PROVIDER CONTRACT WITH ATKINS
NORTH AMERICA, INC., AND AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Judge Pfeifer and Seconded by Commissioner Fritsch to approve and authorize
Judge Pfeifer to sign Contract No. 02-51099-999 with Atkins North America, Inc, Commissioners Galvan,
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
APPROVE ACTION ON WORK ORDER UNDER PROESSIONAL SERVICES PROVIDER CONTRACT
WITH ATKINS NORTH AMERICA, INC., AND AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Galvan and Seconded by Commissioner Lyssy to approve and
authorize Judge Pfeifer to sign Work Order No. 02-5109-999-WOl under Professional Services Provider
Contract with Atkins North America, Inc, Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer
all voted in favor.
PROFESSIONAL SERVICES PROVIDER CONTRACT No. 02.5109.999
WORK ORDER DRIVEN
Calhoun County, Texas (the "County") and Atkins North America, Inc. ("Provider") enter
into the following contract for professional engineering services (the "Contract") pursuant to the
Professional Services Procurement Act, Tex. Gov't Code Ann. Chapter 2254, et. seq.
I. DEFINITIONSIINTERPRETIVE PROVlSIONSIPROJECT DESCRIPTION
1.01 DEFINITIONS
"Administrative and Audit Regulations" means the statutes and regulations included in
Titles 15 and 43, Code of Federal Regulations; applicable chapters of the Texas
Government Code; and the requirements of Article VI herein. With regard to any federal
funding, agencies with the necessary legal authority include the relevant federal agency,
the Comptroller General, the General Accounting Office, the Office of Inspector General,
and any of their authorized representatives. With regard to any state funding, agencies
with the necessary legal authority include the relevant state agency, the State Auditor's
Office, and the Texas Attorney General's Office.
"Attachment" means documents, terms, conditions, or additional information physically
added to the Contract following the execution page or included, as if physically, by
reference within the body of this Contract.
"Contract" means this entire document, along with any Attachments, both physical and
incorporated by reference.
"County" means Calhoun County, its elected officials, officers, employees, and
designees.
"Deliverables" means any report, data, document, photograph, or other submission
required under the terms of this Contract or Work Order, in whatever form.
"Federal Assurances" means Standard Form 424B (Rev. 7-97), as prescribed by OMB
Circular A-102 (non-construction projects); or Standard Form 424D (Rev. 7-97), as
prescribed by OMB Circular A-102 (construction projects), in Attachment A, attached
hereto and incorporated herein for all purposes.
Page 1 of 18
"Federal Certifications" means U.S. Department of Commerce Form CD-512 (7-91) LF,
"Certifications Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
- Lower Tier Covered Transactions and Lobbying," in Attachment B, attached hereto
and incorporated herein for all purposes.
"General Affirmations" means the statements' in Attachment C, attached hereto and
incorporated herein for all purposes, which Provider affirms by executing this Contract.
"HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the
Texas Govermnent Code.
"Project" means the professional engineering services provided, described in Section
1.03 of this Contract.
"Public Information Act" means Chapter 552 of the Texas Govermnent Code.
"Solicitation" means the "Request for Qualifications for Professional Engineering
Services in support of Calhoun County State and federal Grants," incorporated herein by
reference for all purposes in its entirety, including any attachments.
"Solicitation Response" means Provider's full and complete response to the Solicitation,
which response is incorporated herein by reference for all purposes in its entirely,
including any attachments.
"Subcontractor" means an individual or business that signs a contract or other similar
agreement with Provider to perform part or all of Provider's obligations under this
Contract.
"Work Order" means an individually negotiated document authorizing work to be
performed under this Contract, if any.
1.02 INTERPRETIVE PROVISIONS
a. The meanings of defined terms are equally applicable to the singular and plural forms
of the defined terms.
b. All attachments within this Contract, including those incorporated by reference, and
any amendments are considered part of the terms of this Contract.
1.03 PROJECT
Provider may provide professional engineering services under an executed Work Order in
the following areas:
a. Development of protection and restoration methods for beaches, dunes, bay
shorelines, coastal marshes and wetlands;
b. Design of beach nourishment projects, shore protection projects, and coastal
structures;
c. Economic analysis of public and/or private recreational and environmental benefits
and cost allocation strategies;
Page 2 of 18
d. Development of construction plans and specifications, bid documents, and bid
analysis;
e. Development of project applications and supporting documentation;
f. Regulatory issues and permitting management and oversight;
g. Construction management and oversight;
h. Study of beach morphology, beach face/nearshore processes, and dune dynamics;
1. Study of mechanics and dynamics of waves, currents, sediment transport, and
interaction with structures;
J. Geotechnical and geophysical investigations necessary for the design of coastal
engineering construction projects;
k. Monitoring and data collection in the beach and nearshore environment;
1. Marsh and wetland monitoring;
m. Study of flora, fauna, and habitats of beaches, coastal marshes, and other inter-tidal
and sub-tidal environments;
n. Geographic Information System (GIS) application to coastal projects;
o. Assessment of vessel wakes and surges;
p. Study of hydraulics of channels, bays, and inlets;
q. Sediment budget management, inlet management planning, and sediment source
identification and quantification;
r. Storm hazard analysis, failure analysis, probability, and certainty;
s. Study of long-term response to coastal hazards, such as sea level rise and hurricanes;
t. Study of sustainable coastal development in eroding areas;
u. Applications of dredging and the beneficial use of dredged materials;
v. Development of local, state, and federal authorities, and funding strategies for erosion
response and disaster re~overy;
w. Inter-governmental coordination, public outreach, and consensus building;
x. Independent engineering review of all above-mentioned services.
1.04 WORK ORDERS
a. If Provider is selected to carry out an individual project, a Work Order shall be issued
by the County. Multiple Work Orders may be issued during the term of this Contract,
all of which shall be in writing and signed by both parties. Each Work Order shall
include a scope of services; a list of tasks required; a time schedule; a list of
deliverables; a project budget; and such other information or special conditions as
may be necessary for the work assigned. Upon execution by both parties, each Work
Order shall become an attachment to this Contract and all attachments thereafter
being referred to collectively as the "Contract."
b. Nothing in this Contract expresses or guarantees that the County will issue Work
Orders to Provider for any of the tasks set forth in Section 1.03 above. All work
requested under this Contract will be required on an irregular and as needed basis
throughout the Contract term. The County makes no guarantee of volume or usage
under this Contract.
Page 3 of 18
II. TERM
2.01 DURATION
This Contract shall be effective as of the date executed by the last party and shall
terminate on December 31, 2015. The County, at its own discretion, may extend this
Contract annually for up to four (4) additional years, subject to terms and conditions
mutually agreeable to both parties.
2.02 EARL Y TERMINATION
Either party may terminate this Contract by giving written notice to the other party,
specifying a termination date at least thirty (30) days subsequent to the date of the notice.
Upon receipt of any such notice, Provider shall cease work, undertake to terminate any
relevant subcontracts, and incur no further expense related to this Contract. Such early
termination shall be subject to the equitable settlement of the respective interests of the
parties, accrued up to the date of termination.
III. CONSIDERATION
3.01 FEES AND EXPENSES
Provider shall be compensated on a negotiated fee basis, per Work Order, in accordance
with the fee schedule attached as Attachment D. The attached fee schedule shall be
applied to all Work Orders for the duration of the Contract unless the County, at its own
discretion, approves a revised fee schedule prior to the issuance of a Work Order.
3.02 Requests for payment for work perform~d under an executed Work Order must be
supported by documentation that, in the judgment of the County, allows for full
substantiation of the costs incurred.
IV. PROVIDER'S WARRANTY, AFFIRMATION, AND ASSURANCES
4.01 PERFORMANCE WARRANTY
Provider warrants that all services performed under this Con~ract will be performed in a
manner consistent with a degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. Provider warrants that
all work product ("Deliverables") under this Contract shall be completed in a manner'
consistent with standards in applicable trade, profession, or industry; shall conform to or
exceed the specifications set forth in incorporated Work Order Attachments (if any. If
Provider fails to provide Deliverables timely or to perform satisfactorily under conditions
required by this Contract, the County may require Provider, at its sole expense, to (a)
repair or replace all defective or damaged Deliverables; (b) refund any payment received
for all defective or damaged Deliverables and, in conjunction therewith, require Provider
to accept the return of such Deliverables; and/or (c) take necessary action to ensure that
future performance and Deliverables conform to the Contract requirements.
Page 4 of 18
4.02 FEDERAL ASSURANCES
To the extent that they are applicable, Provider further certifies that the Federal
Assurances in Attachment A have been reviewed and that Provider is in compliance
with each of the requirements reflected therein.
4.03 FEDERAL CERTIFICATIONS
To the extent that they are applicable, Provider further certifies that the Federal
Certifications in Attachment B have been reviewed and that Provider is in compliance
with each of the requirements reflected therein. In addition, Provider certifies that it is
in compliance with any other applicable federal law, rule, or regulation, as it may
pertain to this Contract.
4.04 GENERAL AFFIRMATIONS
Provider certifies that the General Affirmations in Attachment C have been reviewed
and that Provider is in compliance with each of the requirements reflected therein.
4.05 SUBCONTRACTOR CERTIFICATIONS
Provider certifies that all subcontractors that receive more than $100,000 in connection
with any work performed under this Contract will be required to fill out and submit to
Provider. the Federal Assurances in Attachment A and Federal Certifications in
Attachment B.
v. OWNERSIDP
5.01 OWNERSIllP AND TIDRD PARTY RELIANCE
(a) The County shall own, and Provider hereby assigns to the County, all right, title, and
interest in all services to be performed; all goods to be delivered and/or all other
related work product prepared, or in the course of preparation, by Provider (or its
subcontractors) pursuant to this Contract, together with all related worldwide
intellectual property rights of any kind or character (collectively, the "Work
Product"). Under no circumstance will any license fee, royalty, or other consideration
not specified in this Contract be due to Provider for the assignment of the Work
Product to the County or for the County's use and quiet enjoyment of the Work
Product in perpetuity. Provider shall promptly submit all Work Product to the County
upon request or upon completion, termination, or cancellation of this Contract for any
reason, including all copies in any form or medium.
(b) Provider and the County shall not use, willingly allow, or cause such Work Product to
be used for any purpose other than performance of Provider's obligations under this
Contract without the prior written consent of either party. Work Product is for the
exclusive use and benefit of, and may be relied upon only by the parties. Prior to
distributing any Work Product to any third party, the parties shall advise such third
parties that if it relies upon or uses such Work Product, it does so entirely at its own
risk without liability to Provider or the County.
Page 5 of 18
,--,_.-
VI. RECORDS, AUDIT, AND PUBLIC DISCLOSURE
6.01 BOOKS AND RECORDS
Provider shall keep and maintain under generally accepted accounting principles or the
Governmental Accounting Standards Board practices, as applicable, full, true, and
complete records necessary to fully disclose to the County, the Texas State Auditor's
Office, the United States Government, and/or their authorized representatives sufficient
information to determine compliance with the terms and conditions of this Contract and
all state and federal rules, regulations, and statutes.
6.02 INSPECTION AND AUDIT
Provider agrees that all relevant records related to this Contract and any Work Product
produced in relation to this Contract, including the. records and Work Product of its
subcontractors, shall be subject to the Administrative and Audit Regulations.
Accordingly, such records and Work Product shall be subject, at any time, to inspection,
examination, audit, and copying at any location where such records and Work Product
may be found, with or without notice from the County or other government entity with
necessary legal authority. Provider agrees to cooperate fully with any federal or state
entity in the conduct of inspection, examination, audit, and copying, including providing
all information requested. Provider will ensure that this clause concerning federal and
state entities' authority to inspect. examine. audit. and copy records and Work Product.
and the requirement to fully cooperate with the federal and state entities. is included in
any subcontract it awards.
6.03 PERIOD OF RETENTION
All records relevant to this Contract shall be retained for a minimum of five (5) years or
as required by federal regulation application to the Project. The period of retention begins
at the date of payment by the County for the services or from the date of termination of
the Contract, whichever is later. The period of retention may be extended for a period
reasonably necessary to complete an audit and/or to complete any administrative
proceeding or litigation that may ensue.
6.04 PUBLIC RECORDS
Pursuant to the Public Information Act, records received from Provider may be open to
public inspection and copying. The County will have the duty to disclose such records,
unless a particular record is made confidential by law or exempted from the Act. Provider
may clearly label any individual records as a "trade secret," provided that Provider
thereby agrees to indemnify and defend the County for honoring such designation. The
failure to so label any record shall constitute a complete waiver of any and all claims for
damages caused by release of the records. If the County receives a request for a labeled
record, the County will notify Provider of the request in accordance with the Public
Information Act.
Page 6 of 18
VII. MISCELLANEOUS PROVISIONS
7.01 INSURANCE
Provider shall acquire, for the duration of this Contract, insurance and/or bonds with
financially sound and reputable independent insurers licensed by the Texas Department
of Insurance, in the type and amount included below and on Attachment E.
· Calhoun County must be listed as an additional insured on a certificate of
insurance for general liability ($1,000,000/$2,000,000), workers' compensation
(in accordance with state law) and auto insurance ($100,000/$100,000/$300,000).
· Provider must submit a certificate of liability insurance as required under this
Contract, including (if requested) a schedule of coverage (or "underwriter's
schedules") establishing to the satisfaction of the County the nature and extent of
coverage granted by each such policy.
7.02 LEGAL OBLIGATIONS
Provider shall procure and maintain for the duration of this Contract any state, county,
city, or federal license, order, insurance, waiver, permit, qualification or certification
required by statute, ordinance, law, or regulation to be held by Provider to provide the
services required by this Contract. Provider will be responsible for payment of all taxes,
assessments, fees, premiums, permits, and licenses required by law. Provider agrees to be
responsible for payment of any such government obligations not paid by its subcontracts
during performance of this Contract.
7.03 INDEMNIFICATION
Except for damages directly or proximately caused by" the negligence of the County,
Provider shall agree to assume all risks and responsibility for, and agrees to indemnify,
and hold harmless, the County, its elected and appointed officials and department heads,
and employees from and against all suits, actions, recoveries, judgments, and costs and
expenses, including reasonable attorney's fees, for the defense thereof in connection
therewith on account of the loss of life, property or injury or damage to the person which
may arise from Provider's operations under this Contract, its use of county facilities
and/or equipment or from any other breach on the part of Provider, its employees, agents
or any person(s) in or about the county's facilities with the expressed or implied consent
of the County. Such indemnification includes any claims or amounts arising or
recoverable under federal or state workers' compensation laws, the Texas Tort Claims
Act, or any other such laws.
Provider further agrees to indemnify and hold the County harmless from all claims of
subcontractors and its laborers incurred in the performance of this Contract. Provider
shall furnish satisfactory evidence that all obligations of this nature herein above
designated have been paid, discharged or waived. If Provider fails to do so, then the
County reserves the right to pay unpaid bills of which the County has written notice
direct and withhold from Provider's unpaid compensation a sum of money reasonably
sufficient to liquidate any and all such lawful claims.
Page 7 of 18
Provider shall be responsible for the safety and well being of its employees, customers,
and invitees. These requirements shall survive the term of this Contract until all claims, if
any, have been settled or resolved and suitable evidence to that effect has been furnished
to the County. The provisions of this Section 7.03 shall survive termination of this
Contract.
7.04 ASSIGNMENT AND SUBCONTRACTS
Provider shall not assign, transfer, or delegate any rights, obligations, or duties under this
Contract without the prior written consent of the County. Notwithstanding this provision,
it is mutually understood and agreed that Provider may subcontract with others for some
or all of the services to be performed. In any approved subcontracts, Provider shall
legally bind such subcontractor to perform and make such subcontractor subject to all the
duties, requirements, and obligations of Provider as specified in this Contract. Nothing in
this Contract shall be construed to relieve Provider of the responsibility for ensuring that
the goods delivered and/or the services rendered by Provider and/or any of its
subcontractors comply with all the terms and provisions of this Contract. Provider will
provide written notification to the County of any such subcontractor performing fifteen
percent (15%) or more of the work under this Contract, including the name and taxpayer
identification number of subcontractor, the task(s) being performed, and the number of
subcontractor employees expected to work on the task.
7.05 mSTORICALL Y UNDERUTILIZED BUSINESSES (HUBS)
It is the County's policy to assist HUBs, whenever possible, to participate in providing
goods and services to the County. The County encourages those parties with whom it
contracts for the provision of goods and services to adhere to this same philosophy in
selecting subcontractors to assist in fulfilling their obligations with the County.
7.06 RELATIONSIDP OF THE PARTIES
Provider is associated with the County only for the purposes and to the extent specified in
this Contract, and, in respect to Provider's performance pursuant to this Contract,
Provider is and shall be an independent contractor and, subject only to the terms of this
Contract, shall have the sole right to supervise, manage, operate, control, and direct
performance of the details incident to its duties under this Contract. Nothing contained in
this Contract shall be deemed or construed to create a partnership or joint venture, to
create relationships of an employer-employee or principal-agent, or to otherwise create
for the County any liability whatsoever with respect to the indebtedness, liabilities, and
obligations of Provider or any other party. Provider shall be solely responsible for, and
the County shall have no obligation with respect to:
(a) withholding of income taxes, FICA, or any other taxes or fees;
(b) industrial or workers' compensation insurance coverage;
(c) participation in any group insurance plans;
(d) participation or contributions to a retirement program;
( e) accumulation of vacation leave or sick leave; or
(t) unemployment compensation coverage.
Page 8 of 18
7.07 COMPLIANCE WITH OTHER LAWS
In the performance of this Contract. Provider shall comply with all applicable federal.
state, and local laws. ordinances. and regulations. Provider shall make itself familiar with
and at all times shall observe and comply with all federal. state. and local laws.
ordinances. and regulations that in any manner affect performance under this Contract.
Provider will be deemed to have knowledge of all applicable laws and regulations and be
deemed to understand them.
7.08 SEVERABILITY
If any provision contained in this Contract is held to be unenforceable by a court of law
or equity. this Contract shall be construed as if such provision did not exist and the non-
enforceability of such provision shall not be held to render any other provision or
provisions of this Contract unenforceable.
7.09 FORCE MAJEURE
Except with respect to the obligation of payments under this Contract. if either of the
parties. after a good faith effort. is prevented from complying with any expressed or
implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes;
acts of God; any valid order. rule. or regulation of governmental authority; or similar
events that are beyond the control of the affected party (collectively referred to as a
"Force Majeure"), then while so prevented. the affected party shall not be liable for
damages for failure to comply with such covenant. In any such event, the party claiming
Force Majeure shall promptly notify the other party of the Force Majeure event in writing
and, if possible. such notice shall set forth the extent and duration thereof. The party
claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome
such Force Majeure event where it is possible to do so and shall resume performance at
the earliest possible date. However, if non-performance continues for more than thirty
(30) days, the County may terminate this Contract immediately upon written notification
to Provider.
7.10 GOVERNING LAW
This Contract and the rights and obligations of the parties hereto shall be governed by,
and construed according to. the laws of the State of Texas, exclusive of conflicts of law
provisions. Nothing in section shall be construed as a waiver of sovereign immunity
by the County.
7.11 NOTICES
Any notices required under this Contract shall be deemed delivered when deposited either
in the United States mail, postage paid, or with a common carrier. signature required, to
the appropriate address below:
Calhoun County
Calhoun County Judge
211 South Ann Street
Port Lavaca, TX 77979
Page 9 of 18
,e
Provider
Atkins North America, Inc.
6504 Bridge Point Parkway, Suite 200
Austin, TX 78730
Attn: Paul A. Jensen
{1(j(P~c1
Notice in any other manner shall be deemed effective only if and when received and
acknowledged by the party to be notified. Either party may change its address for notice
by written notice to the other party as herein provided.
7.12 ENTIRE CONTRACT AND MODIFICATION
This Contract and its integrated attachments constitute the entire agreement of the parties
and are intended as a complete and exclusive statement of the promises, representations,
negotiations, discussions, and other agreement that may have been made in connection
with the subject matter hereof.
CALHOUN COUNTY
ATKINS NORTH AMERICA, INC.
Calhoun County Judge
Date of execution: q ,. ~,,- l'1
Title:
Date of execution:
Page 10 of 18
OMB Number: 4040-0007
Expiration Date: 06/30/2014
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reductlon Project (0348-O040), Washington, DC 20503,
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE:
Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application,
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4, Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5, Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C, 994728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6, Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Tille VI of the Civil Rights Act of 1964 (P,L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U,S,C.991681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Previous Edlllon Usable
Act of 1973, as amended (29 U.S.C, 9794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42 U.
S.C. 996101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P,L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) 99523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 99290 dd-3 and 290
ee- '3), as amended. relating to confidentiality of alcohol
and drug abuse patient recordsj (h) Title VIII of the Civil
Rights Act of 1968 (42 U,S,C, 993601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (I) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, 0) the requirements of any other
nondiscrimination statute(s) which may apply to the
application,
7, Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L, 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-assisted programs. These requirements
apply to all interests in real property acquired for
project purposes regardless of Federal participaUon in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. 991501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole
or in part with Federal funds.
Authorized for Local Reproduction
Standard Fonn 4248 (Rev. 7.97)
Prescribed by OM8 Circular A-102
9, Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. ~~276a to 276a-7), the Copeland Act
(40 U.S,C. ~276c and 18 U.S.C. 9874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 99327-
333), regarding labor standards for federally-assisted
construction subagreements.
10. Will comply, if applicable, with flood Insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
Insurable construction and acquisition is $10,000 or more.
11, Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P,L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U,S.C, 991451 et seq,); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176( c) of the Clean Air Act of 1955, as
amended (42 U,S.C. 997401 et seq,); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P,L. 93-
205),
ING OFFICIAL
William K. Jones
, -
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. ~91271 et seq.) related to protecting
components or potential components of the national
,wild and scenic rivers system,
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U,S,C, 9470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 99469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15, Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S,C. 992131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other l;Ictivities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U,S,C. 994801 et seq,) which
prohibits the use of lead-based paint In construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profrt
Organizations."
18, Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
* TITLE
Vice President
Standard FoRO 424B (Rev, 7-97) Back
ATTACHMENT B
FEDERAL CERTIFICATIONS
Page 12 of 18
FORM CD.512
(7-91> IF
U.S. OEPARTMENT OF COMMERCE
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
AND LOBBYING
Applicants should refer to the regulations cited below to determine the certification to which thay are required to attest.
Applicants should also review the instructions for certification included in the regulations before completing this form. Signature
on this form provides for compliance with certification requirements under 15 CFR Part 26, "Govemmentwide Debarment and
Suspension (Nonprocurement)" and 15 CFR Part 28, "New Restrictions on Lobbying."
1. DEBARMENT. SUSPENSION. INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER
COVERED TRANSACTIONS
As required by executJve Order 12549, Debarment and
Suspension, and implemented at 15 CFR Part 26, Section 26.510,
Participants responsibilities, for prospective participants in lower tier
covered trensactlons (except subcontracts for goods or services
under the $25,000 small purchase threshold unless the subtler
reclplenl will have a crlticallnRuence on or substantive control over
the award), as defined at 15 CF Part 26, Sections 26,105 and
26.110-
(1) The prospective lower tier participant certifies, by submission of
this proposal, that neither It nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. LOBBYING
As raqulred by Section 1352, Tille 31 of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering into a grant,
cooperative agreement or contract over $100,000 or a loan or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28,105 and 28.110, the applicant certifies that to the best of his or
her knowledge and belief, thaI:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for Innuencing or
attempting to Innuence an officer or employee of any agency, a
Member of Con grass In conncectlon with the awarding of any
Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for inRuencing or attempting to
innuence an, officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
in accordance with its instructions.
(3) The undersigned shall require that the language of this
certificallon be included in the award documents for all subawards at
all lIers (Including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification Is a material representation of fact upon which
reliance was placed when this transacllon was made or entered into.
Submission of this certification is a prerequisite for making or
entering Into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Statement for Loan Guarantees'and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
In any funds have been paid or will be paid to any person for
innuencing or attempting to Innuence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress,
or an employee of e Member of Congress In connection with this
commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its
Instructions.
Submission of this statement is a prerequisite for making or entering
into this transaction Imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required statement shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the
above applicable certiflcation{s).
NAME OF APPLICANT
Atkins North America. Inc,
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
AWARD NUMBER AND/OR PROJECT NAME
Contract No. 02-5109-999
DATE
Ii
ATTACHMENT C
GENERAL AFFIRMATIONS
Page 13 of 18
GENERAL AFFIRMATIONS
Provider agrees without exception to the following affirmations:
1. Provider has not given, offered to give, nor intends to give at anytime hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip,
favor, or service to a public servant in connection with this Contract.
2. Provider certifies that the individual or business entity named in this Contract: (i) has
not been subjected to suspension, debarment, or similar ineligibility to receive the
Contract as determined by any federal, state, or local governmental entity; (ii) is in
compliance with the State of Texas statutes and rules relating to procurement; and
(iii) is not listed on the federal government's terrorism watch list as described in
Executive Order 13224. Provider acknowledges that this Contract may be terminated
and payment withheld if this certification is inaccurate.
3. Provider certifies that it is in compliance with Executive Order 11246 of September
24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations
(41 CFR chapter 60). Provider shall require this certification in all subcontracts
pertaining to the work performed under this Contract.
Page 14 of 18
ATTACHMENT D
FEE SCHEDULE
Page 15 of 18
ATTACHMENT E
RATE SCHEDULE
Labor Categories and Rates & Equipment Schedule
Effective September 1, 2011
Range of Burdened Hourly Rates
Minimum Maximum
Job Classification
Rodperson 21.84 40.91
Instrument Operator 26.52 51,14
Surveyor 46.80 121.03
Field Representative 31.20 68,19
Senior Field Representive 43.68 81.82
GIS Specialist 68.64 153.42
GIS Operator 59.28 109.10
CADD Operator 31.20 95.46
CADD Supervisor 56.16 109,10
Technician 31.20 59.66
Senior Technician 46.80 95.46
Designer - 43.68 68.19
Senior Designer 68.64 119.33
Planner 56.16 102.28
Senior Planner 71.76 170.47
Engineer I 49,92 85.23
Engineer II 59.28 98.87
Senior Engineer I 68.64 119.33
Senior Engineer II 87.36 150.01
Senior Engineer III 99.84 170.47
Senior Engineer IV 124.05 195,00
Contract Administrator 56,16 85,23
Scheduler/Estimator 54.60 114.21
Scientist I 46.80 68,19
Scientist II 54.60 78.41
Senior Scientist I 65.52 110.80
Senior Scientist II 74,88 122.74
Senior Scientist III 85.80 163.65
Associate Project Manager 65.52 95.46
Project Manager 74.88 150.01
Senior Project Manager 87.36 177.28
Division Manager 99.84 204.56
Program Assistant 31.20 57.96
Senior Program Assistant 46.80 75.00
It is understood and agreed that increasing the maximum salary range does not constitute an automatic salary
increase for that position,
Burdened rate includes labor, overhead, fringe and profit
ATTACHMENT E
REQUIRED INSURANCE
Page 16 of 18
REQUIRED INSURANCE
GENERALLY. Provider shall, at its sole expense, acquire, maintain, and keep in force for
the duration of this Contract, insurance in the amounts attached herein and under the
requirements specified herein. Furthermore, unless specified or otherwise agreed to by the
County, the required insurance shall be in effect prior to the commencement of work by
Provider and shall continue in full force until the earlier as appropriate of (i) the expiration of
this Contract; or (ii) such time as the County notifies Provider that such insurance is no
longer required. Any insurance or self-insurance available to the County shall be in excess of,
and non-contributing with, any insurance required from Provider. Provider's insurance
policies shall apply on a primary basis. If, at any time during the Contract, an insurer or
surety fails to provide insurance to Provider or otherwise fails to comply with the
requirements of this Contract, Provider shall immediately notify the County and replace such
insurance or bond with an insurer meeting such requirements.
Approval. Prior approval of the insurance policies by the County shall be a condition
precedent to any payment of consideration under this Contract and insurance must be
submitted for review and approved by the County prior to the commencement of work. Any
failure of the County to timely approve or failure to disapprove the insurance furnished by
Provider shall not relieve Provider of Provider's full responsibility to provide the insurance
required by this Contract.
Continuing Coverage. The County's approval of any changes to insurance coverage during
the course of performance shall constitute an ongoing condition subsequent to this Contract.
Renewal. Provider shall provide the County with renewal or replacement certificates no less
than thirty (30) days before the expiration or replacement of the required insurance.
Additional Insured Endorsement. The County, its officers, employees, and authorized agents
shall be named as additional insureds for all liability arising under this Contract except on
Workers' Compensation and Professional Liability policies. An original additional insured
endorsement signed by an authorized insurance company representative must be submitted
to the County to evidence the endorsement of the County as an additional insured on all
policies.
Subrogation. Each liability insurance policy, except Professional Liability and Workers'
Compensation, shall provide for a waiver of subrogation as to all additional insureds, and
shall be issued by insurance companies authorized to do business in the State of Texas, and
currently rated by A.M. Best as "A-" or better.
Policy Cancellation Endorsement. Except for ten (10) days notice for non-payment of
premium, each insurance policy shall be endorsed to specify that without thirty (30) days
prior written notice to the County, the policy shall not be canceled, non-renewed, or coverage
and/or limits reduced or materially altered. A copy of this signed endorsement must be
attached to this Contract.
Page 17 of 18
Alternative Insurability. Notwithstanding the requirements of this Attachment, the County
reserves the right to consider reasonable alternative methods of insuring the Contract in lieu
of the insurance policies and/or bonds required. It will be Provider's responsibility to
recommend to the County alternative methods of insuring the Contract. Any alternatives
proposed by Provider should be accompanied by a detailed explanation regarding Provider's
inability to obtain insurance coverage as described in this Contract. The County shall be the
sole and final judge as to the adequacy of any substitute form of insurance coverage.
[Specific Coverage-Certificate(s) of Liability Insurance follow]
Page 18 of 18
~
ACORD~ CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE (MMlDDNVYY)
~ 09/14/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMA TIVEL Y OR NEGA TIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORT ANT: If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PROOUCER 2~~~~CT
willis of New York, Inc. ;A~,9~!'n cv-n. 877-945-7378 Tr:~",.,\. 888-467-2378
c/o 26 Cen~ury Blvd.
P. O. Box 305191 ~;;~~~"". certificates~wi11is.com
Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A: Zurich American Insurance company 16535-003
INSURED INSURERB:American Guaran~ee & Liabi1i~y Insurance 26247-001
A~kins Nor~h America, Inc.
2001 NW 107~h Avenue INSURERc:S~eadfas~ Insurance Company 26387-001
Miami, FL 33172-2507 INSURER 0: l1nderwri t:er' s a~ L10yds 15792-001
INSURER E:
I INSURER F:
COVERAGES
CERTIFICATE NUMBER: 16529754
REVISION NUMBER:See Remarks
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.
I,N;~ TYPE OF INSURANCE L<\DD' SUB POLICY NUMBER POLICV EFF POLICY EXP LIMITS
A ~NERAL LIABILITY Y Y GL0913945804 9/30/2010 9/30/2011 EACH OCCURRENCE $ 1 000 000
DAMAGE t9FRENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurencel $ 1 000 000
I CLAIMS-MADE[iJ OCCUR MED EXP (Anyone personl $ 25 000
~ Con~ractual Liabilitv PERSONAL & ADV INJURY $ 1 000 000
I-- GENERAL AGGREGATE $ 2 000 000
n'LAGGREG~L1MIT AP~ PER: PRODUCTS - COMP/OP AGG $ 2 000 000
POLICY X ~~9.; X LOC $
B AUTOMOBILE LIABILITY Y Y BAP913945704 9/30/2010 9/30/2011 COMBINED SINGLE LIMIT 2,000,000
- (Ea accident) $
X ANY AUTO BODILY INJURY(Per person) $
- ALL OWNED - SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
- - NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS (Per accident) $
- -
$
C X UMBRELLA L1AB H OCCUR Y Y AUC508762106 9/30/2010 9/30/2011 EACH OCCURRENCE $ 25.000 000
-
EXCESS L1AB CLAIMS-MADE AGGREGATE $ 25 000 000
OED 1 IRETENTION$ $
A WORKERS COMPENSATION WC91394S904 9/30/2010 9/30/2011 X ',1 IU~~t
AND EMPLOYERS' LIABILITY VIN
ANY PROPRIETOR/PARTNERIEXECUTIVE D N/A , E.L. EACH ACCIDENT $ 1,000,000
OFFICERIMEMBER EXCLUDED?
I,..~~~.re~~ib~ ~~~er E.L. DISEASE - EA EMPLOYEE $ 1,000,000
D~SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
D Professional/ B080111209P11 4/1/2011 4/1/2012 $1,000,000 Each Claim &
po11u~ion $1,000,000 Annual Aggregat:e
11/11/1961 Re~rodat:e
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach Acord 101, Addltonal Remarks Schedule, if more space Is required)
THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 9/14/2011 WITH ID: 16529681
Re: Professional Services Provider Contract No. 02-5109-999 Work Order Driven. Project #:p100022376
Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J changed its name
officially to Atkins North America, Inc.
Und...........i....r.. a+ L1o....d's L^ndon AM Best Ratinn: A xv.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THE'REOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Calhoun County, Texas
211 South Ann Street
Port Lavaca, TX 77979
AUTHORIZED REPRESENTATIVE
T
ACORD 25 (2010105)
ColI: 3485649 Tp1: 1324049 Cert: 16529754 @1988-2010ACORDCORPORATION.Allrightsreserved.
The ACORD name and logo are registered marks of ACORD
f
AGENCY CUSTOMER 10: 33004588
LOC#:
~
ACORD~
~
ADDITIONAL REMARKS SCHEDULE
Page-2- of ..2...-
AGENCY NAMED INSURED
Atkins North America, Inc.
Willis of New York, Inc. 2001 NW 107th Avenue
POUCY NUMBER Miami, FL 33172-2507
See First Page
CARRIER \ NAIC CODE
See First Paae EFFECTIVE OATE: See First Paae
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABl;LITY INSURANCE
American Guarantee and Liability Insurance Company/i26247 - AM Best Rating - A XV
zurich American Insurance Company/i16535 - AM Bes~ Rating = A XV
steadfast Insurance Company/i26387 - AM Best Rating = A XV
Professional Liability policy written on claims-made basis.
There are no Deductibles or Self-Insured Retentions on the General Liability, Automobile Liability
and Workers Compensation and Umbrella coverages.
The County, its officers, employees, and authorized agents are inQluded as Additional Insureds as
respects ~o General Liab1lity, Auto Liability and Umbrella Liabi11ty.
General Liability policy shall be primary and Non-Contributory with any other insurance in force
for or which may be purchased by Additional Insureds.
Waiver of subrogation applies in favor of The County( its officers, employees ( and authorized
agents with respects to General Liability, Auto Liab1lity and Umbrella Liabi11ty.
ACORD 101 (2008101)
Coll: 3485649 Tpl: 1324049 Cert: 16529754 @2008ACORDCORPORATION.AII rights reserved.
The ACORD name and logo are registered marks of ACORD
Additional Insured - Automatic - Owners, Lessees Or
Contractors
@
ZURICH
. Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Add!. Premo Return Premo
GL0913945804 9/30/2011 9/30/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: Atkins North America, Inc.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section IT - Who Is An Insured is amended to include as an insured any person or organization who you are re-
quired to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to the additional insured person Or organization applies only to "bodily injury", "property
damage" Or "personal and advertising injury" covered under SECTION I - Coverage A - Bodily Injury And Prop-
erty Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with
respect to liability for "bodily injury", "property damage" Or "personal and advertising injury" caused, in whole or in
part, by:
1. Your acts or omissions; or
2. The acts Or omissions of those acting on your behalf; and resulting directly from:
a. Your ongoing operations performed for the additional insured, which is the subject of the written contract Or
written agreement; Or
b. "Your work" completed as included in the "products-completed operations hazard", performed for the addi-
tional insured, which is the subject of the written contract Or written agreement.
C. However, regardless of the provisions of paragraphs A. and B, above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; Or
b. That is any broader coverage than you are required to provide to the additional insured person or organiza-
tion in the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person Or organization that exceed the lower
of:
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract Or written agreement.
Includes copyrighted material of Insurance Services Office, 'Inc., with its pennission"
U-GL-1175-B CW (312007)
Page 1 of2
D. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:.
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
2. Supervisory, inspection, architectural or engineering activities,
E. The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured, if the written contract or written agree-
ment requires that this covera'ge be primary and non-contributory,
F. For the coverage provided by this endorsement:
1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV - Com-
mercial General Liability Conditions:
This insurance is primary insurance as respects our coverage to the additional insured person or organization,
where the written contract or written agreement requires that this insurance be primary and non-contributory. In
that event, we will not seek contribution from any other insurance policy available to the additional insured on
which the additional insured person or organization is a Named Insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Com-
mercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured by attachment of
an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision
does not apply to any policy in which the additional insured is a Named Insured on such other policy and where
our policy is required by written contract or written agreement to provide coverage to the additional insured on a
primary and non-contributory basis.
G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as
written,
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
U-GL-1175 B CW (3/2007)
Page 2 of2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
this endorsement.
This endorsement identifies person{s) or organization{s) who are "insureds" under the Who Is An Insured Provision of
the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form,
SCHEDULE
Name of Person(s) or Organization(s):
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that
person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the
Coverage Form.
This endorsements is executed by the company designated below
American Guarantee & Liability Insurance Company
Effective Date: 9/30/2010 Expiration Date: 9/30/2011
For attachment to Policy No. BAP913945704
Issued to Atkins North America, Inc.
CA 20 48 02 99
Copyright, Insurance Services Office, Inc., 1998
Page 1 of 1
Waiver of Subrogation (Blanket) Endorsement
Policv No. Eff. Date of Pol. EXD. Date of Pol. Eff. Date of End. Prod ucer Add'( Prem Return Prem.
GL0913945804 9/3012010 9/3012011
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of
recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to
be a waiver with respect to any other operations in which the insured has no contractual interest.
U-GL-925-B CW (12/01)
Page 1 of 1
COMMERCIAL INSURANCE
Waiver Of Transfer Of Rights Of Recovery Against Others To Us
POLICY NO. EFF. DATE OF POL. EXP. DATE OF POL. EFF. EDATE OF END. AGENCY NO. ADD'L PREM. RETURN PREM.
BAP9 I 3945704 9/30/2010 9/30120 II
This endorsement is issued by the company named in the Declarations. It changes the policy on the effective
date listed above at the hour stated in the Declarations.
This endorsement changes the policy. Please read it carefully.
Named Insured: Atkins North America, Inc.
Address: (including ZIP Code)
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Truckers Coverage Form
Garage Coverage Form
Motor Carrier Coverage Form
SCHEDULE
Name of Person or Organization:
ALL PERSONS AND / OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH
THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WANER OF SUBROGATION BE
PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND / OR
ORGANIZATION.
We waive any right of recovery we may have against the designated person or organization shown in the schedule because of
payments we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use
of a covered "auto" for which a Waiver of Subrogation is required in conjunction with work performed by you for the
designated person or organization. The waiver applies only to the designated person or organization shown in the schedule.
Countersigned: J;d IJitIII
Date:
Authorized Representative
U-CA-320-B CW (4/94)
Page 1 of 1
Notification to Others of Cancellation
~
.
ZURICH
POnC1 No. Ell'. O*te of Pol. Elcp. D8le of Pol.
GLO 913945844 09i30/10 09130111
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY.
This endorsement modifiell insurance provided under the:
Commercial General L1ablllty Coverage Part
Liquor Liability Coverage Part
Products/Completed Operations Liability Coverage Part
A.' If we cancel this Coverage Part(s) by written notice to the Named Insured for any reason other than nonpayment of
premium. we will mall or deliver a copy of such written notice of cancellation:
1. To the name and address correspond/nglo each person or organization shown In the Schedule below; and
2. At least 10 days prIor to the effective dale of the cancellatl6n,8S advIsed In our notlce 10 the Named Insured. or
the longer numb~ of days notice If Indicated In the Schedule below.
8. If we cancel this Coverage Part(s) by written notice to the Named Insured for nonpayment of premium, we will mall or
deliver a copy of such written notice of cancellation 10 the name and' address corresponding to each person or
ol'Qanlzation shown in the Schedule below at least 10 days prior to the effective date of such canceUation.
.:. If notice as described in Paragraphs A. or B. of this endorsement Is mailed, proof of mailing will be sufficient proof of
such notice.
SCHEDULl:
Name and Add,.. of O:~~~ Penlon(e) I Number of Days Notice:
Ornanizatlon s :
.per schedule on file with company. 30 -
b,1I other terms and conditions of this policy remain unehal'lged.
Includes copyrlglt!ed malerlal of Insurance Servlces Office. Inc.. wfllt lis permission.
tJ.G\...1<<6-A FL (05110)
Page 1 ofl
Blanket Notification to Others of Cancellation
g
~
ZURICH
poncy No. Eff. Date of Pol. Exp, Date of Pol. Elf. Date of End. Producer No. Add'!. Pram Return Premo
BAP 9139457-04 09/30/10 09/30/11 02125/11
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment
of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or
organization shown in a Schedule provided to us by the First Named Insured. Such Schedule:
1. Must be ini~any provided to us within 15 days:
a. After the beginning of the polley period shown in the Declarations; or
b. After this endorsement has been added to policy;
2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that
such Coverage Part has been cancelled;
3. Must be in an electronic format that is acceptable to us; and
4. Must be accurate.
Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such
updated Schedule must comply with Paragraphs 2. 3. and 4. above.
B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the
most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first
Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed
as soon as practicable after the effective date of cancellation to the first Named Insured.
C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and
B. of this endorsement
D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement Is intended as a
courtesy only, Our failure to provide such delivery of electronic notification will not:
.1. Extend the Coverage Part cancellation date;
2. Negate the cancellation; or
3. Provide any additional insurance that would not have been provided In the absence of this endorsement
E. We are not responsible for the accuracy, integrity, timeliness and validity of infonnation contained in the Schedule
provided to us as described in Paragraphs A. and B. of this endorsement
* 30 DAY NOTICE OF CANCELLATION
All other terms and conditions of this policy remain unchanged,
Includes copyrighted IlI8Ieria1 oflnsurance Services Office, Inc., with its pcnnission.
U..cA-388-A (7194)
Page 1 oll
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
U-WC-332-A
NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT
This endorsement Is used to add the following to Part Six of the policy.
PART SIX - CONDITIONS
F. Notification To Others Of Cancellation
1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will
deliver electronic notification to each person or organization shown in a Schedule provided to us by you.
Such Schedule:
a. Must be initially provided to us within 15 days:
After the beginning of the policy period shown in the Declarations; or
After this endorsement has been added to policy;
b. Must contain the names and e-mail addresses of only the persons or organizations requiring
notification that this policy has been cancelled;
c. Must be in an electronic format that is acceptable to us; and
d. Must be accurate,
Such Schedule may be updated and provided to us by you during the policy period. Such updated
Schedule must comply with Paragraphs b. c. and d. above.
2. Our delivery of the electronic notification as described in Paragraph 1. of this endorsement will be based
on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered
to you. Delivery of the notification as described in Paragraph 1. of this endorsement will be completed as
soon as practicable after the effective date of cancellation to you.
3. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs
1. and 2. of this endorsement.
4. Our delivery of electronic notification described in Paragraphs 1. and 2. of this endorsement is intended as
a courtesy only. Our failure to provide such delivery of electronic notification will not:
a. Extend the policy cancellation date;
b. Negate the cancellation; or
c. PrOVide any additional insurance that would not have been provided in the absence of this
endorsement.
5. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the
Schedule provided to us as described in Paragraphs 1. and 2. of this endorsement.
30 DAY NOTICE OF CANCELLATION
All other terms and conditions of this policy remain unchanged,
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy,)
Endorsement Effective: 02123/11
Insured: The PBSJ Corporation
Policy No, WC 9139459-04
Endorsement No.
Premium $
Insurance Company
U-WC-332-A
(Ed. 07-94) Includes copyrighted material of National Council on Compensation Insurance. Inc, used with its permission.
WiUis Limited
FINEX Global
Willis
CONTRACT ENDORSEMENT
INSURED:
WS Atkins Pic
IlIId as more fully defined in tho contract
PERIOD:
1 April2011 to 31 March 2012
TYPE:
Insurance of
UK PI Generic Primary
UNIQUE MARKET REFERENCE: B080111209Pll
ENDORSEMENT REFERENCE: 0002
EFFECTIVE DATE:
I Apri120111oca1 stmdard timo at tho address of tho Insured.
It is hereby noted and agreed that with effect from the effective date above the following General
Condition.is added to the policy:
"IflNSURERS cancel this policy prior to its expiJy date by notice to the INSURED for any
reason, INSURERS will send written notice of cancenation to tho persons or organisations listed
in the schedule to be CRlated HIId maintained by the INSURED (the "Cancellation Notice
Schedule") at least 30 days prior to the cancellation date applicablo to the policy, This notice will
be in addition to any notice to the INSURED.
The INSURED will provide an updated copy of the Cancellation Notice Schedule to Insurers on a
monthly basis.
The norico referenced in this endorsement is intended only to be a courtesy notification to the
persoo(s) or organisatioll(s) named in the Cancellation Notice Schedule in the event of a pending
cancellation of coverage. INSURERS bavo no legal obligation of any kind to any such person(s)
or organisation(s}. k1y failure to provide adv8II(:C notice of cancellation to the person(s} or
organisation(s} named in the Cancellation Notice Schedule will impose no obligation or liability
of my kind upon INSURERS, will not extend any policy cancellation date and will not negate
any cancellation of the policy.
INSURERS arc not responsible for verifying any information in any Cancellation Notice
Schedule. nor are INSURERS responsible for any incorrect information that the INSURED may
use."
All other tanns IlIId condit/ons remain unaltered.
WillI> LimIted
WLMO"JI
Willis hltt:mal R("r OOU2
1
e {(sl~l\\.
(}U.
~~\,
Willis Limited
FINEX Global
INSURED:
PJ:RIOD:
TVPE:
williS
CONTRACT ENDORSEMENT
WS Atkins Pic
and BI mare fully defined in the contract
I Apri12011 t031 Marcb2012
Insurartco of
UK PI Gmerie Primary
UNIQUE MARKET REFERENCE; 80801112091'11
ENDORSEMENT RltFF.RENCE: 0003
EFFECTIVE DATE:
1 April 20 11 loc:aI stand.ord time at tho address of tbe In!lUred
It is het"eby understood and agreed that with effect from the Effi:ctive Date above the
INSURED is amended to read as follows:
"INSURED
Willis l..i:nilcd
WLM OIlOI
Willis fnlcnlll ReI' 00lll
A)
W S AIkins ple fo~ly W S Atkins Ltd and/or Associabld
aodIor Subsidiary Companil'l!l and Partnerships includins but no(
limited to Faithful':l{}ould (formerly Hanscomb Faithful cl
Gould) Iind the Houston. TCXlIlI office ofMSL Engineering Ltd
and as more fully defmed herein but excluding the entities listed
lIS INSURED B),
B) The Atkins US Holdings Corporatlnn which i.!J comprised ofthB
fonowing entities:
Atkins NllIth Ammca 1nc;
Atkins Michigan me:
Atkins, P A;
Peter R Brown Conscruction. (/Ie; and
the emilies fonnerly known as:
The PBSJ Corporation
Post, B\Icl(ley, Schuh .t. Jernigan, Inc. doing business as PBSctJ.
PBS&J. P.A.
PBS&J Caribe Engineering. C.S.P.
PBS&J Constructors, Jnc..
PBS&J Intema.tional. Inc.
PBS&J Construction Servkes, Inc.
Seminole Development Corporation
~.
Willis Limited
FINEX Global
Willis
CONTRACT ENDORSEMENT
ONIQtIE MARXE1' REf'ERltNCE: B080111209PII
ENDORSEMENT REFERENCE; 0003
Post Buckley de .Arcotina SA
101m Powen & Assoclates. Inc
101m PowaJl &: Associates
10lm Powell &. Associates, Il Sole Pmprictar
Durham TcclmoIOSi5. Inc.
Welket'~ Associates
Tri.Uno ~iat~. Ii1c.
W. !Coo &: Assoeilltes,lnc.
Croslin &: Assooiatcs, fog,
Land IJt. Water Consulting
1m' A$!lociatm
Eco Sdence Corporation
l'ctcr Drown Conmuetioo. toe.
PDSclJ Carillo; LLP
ancIIor A&lilICillted and/or Subsidiary Companies and
Partneiships and It!I mOJ'll fully defined herein. "
All oChar terms and c:ondItions remain uniltered.
WIlHI LlltjIlaI
WlJoIOllOl
\""Iillmc",ol Ref nr,o,
~.
2
WORK ORDER No. 02-5109-999- WOl
UNDER PROFESSIONAL SERVICES PROVIDER CONTRACT
Pursuant to the Professional Services Provider Contract (Contract) between Calhoun County
(County) and Atkins North America, Inc. (Provider), Provider is authorized to perform the
services described below, subject to the Scope of Services, Tasks, Budget, Deliverables, and any
other conditions of this Work Order (Work Order) for the federal grant entitled "Calhoun County
Master Plan."
SCOPE OF SERVICES
Provider will develop a Calhoun County Master Plan on current and potential areas for public
shoreline access for recreational purposes. Specifically, the Plan will address access to the bays,
advantages and issues with new access points, and impacts to the county's extensive wetlands as
a result of public access. The study will also include an analysis of available infrastructure for
potential expansion or revitalization.
The study will be divided into three specific aspects of shoreline access and recreational
activities:
1. Boat Ramps: Identification of the general conditions of available boat ramps and
potential areas for future development of new single- or multi-use boat ramps.
2. Fishing piers: Identification of the general conditions of available fishing piers and
potential areas for future development of new single- or multi-use fishing piers.
3. Paddling Trails: Identification of the general conditions of available paddling trails and
kayaking access points and potential areas for future development of new single- or
multi-use paddling trails and kayaking access.
TASKS
TASK 1: DEVELOP A COMPREHENSIVE CATALOG OF THE EXISTING AND
POTENTIAL BAY AND ESTUARY ACCESS POINTS IN CALHOUN COUNTY.
(a) Inventory of Existing Access Points and Available Infrastructure
· Provider will analyze the available inventory of existing bay and estuary access points
and their available infrastructure. Provider will conduct site visits to the access points.
Page 1 of 10
(b) Assessment of the General Physical Conditions
· Provider will create an assessment of the general physical conditions of available
infrastructure and will update the list of potential new access points as conditions allow
for it. The assessment will include: physical conditions, potential repairs needed,
structural integrity, analysis of intensive or under utilization of infrastructure, and any
other issues related to the conditions of the infrastructure.
· Provider will facilitate a public meeting with elected officials to request input on how to
improve conditions, improve or expand access, analysis of general local impacts, future
needs, etc.
· Provider will catalog the historical land use changes on the county's shorelines and
identify areas of specific analysis for specific infrastructure (e.g., access public beaches,
public boat launches, etc.).
(c) Presentation to County Officials of Preliminary Results
· Provider will present the inventory of the access points and their physical conditions to
the Commissioners' Court and request input for specific aspects that should be covered
on this and subsequent tasks.
Task 1 Deliverable(s)/Milestones(s) - due on or before November 30, 2011
1. A Technical Memorandum, which will include the assessment of the access points and the
physical conditions of their infrastructure. This memorandum will be a central part of the overall
master plan and will include mapping of existing and potential bay access points. The
memorandum will include maps, pictures on specific conditions, important considerations, and
tables showing the general uses, potential uses, or underutilized uses and any other information
relevant to the access points already available. The memorandum will be provided in one hard
copy and one electronic copy in pdf format.
2. Presentation of memorandum to Commissioners' Court.
TASK 2: DEVELOP STRATEGIES AND RECOMMENDATIONS FOR PUBLIC
ACCESS.
Provider will provide strategies and recommendations that, upon implementation, will provide
more access, better access and socially relevant access. In addition to the classic boat ramp
access points, recommendations may include such strategies as carefully considered fishing piers
near Seadrift or kayak fishing/paddling trails throughout the bay system. In order to develop
these strategies Provider will conduct the following analysis.
(a) Analysis of Physical and Environmental Data
Provider will conduct an assessment of the potential areas to develop new access points or
extend available access points. The assessment will include the investigation of the following
aspects:
Page 2 of 10
":--~
(i) Geologic, Topographic and Bathymetric Data Available For the County Shorelines
The analysis of the geologic conditions, both terrestrial and submerged, will be analyzed
to look for potential issues such as sandy areas susceptible to erosion, expansive soils on
the shorelines creating limitations to infrastructure, and any indicator of past conditions
that may have relevance in the selection of access points.
(ii) Wetland and Habitat Inventories
An analysis of the wetland and habitat inventories available on the shorelines of the
county as mapped by the US Fish and Wildlife Service will be conducted.
(iii) Presence of Seagrasses and Fish Habitat
Seagrass surveys will be conducted' close to the shorelines to identify potential access
points.
(iv) Endangered Species
A list and location of any potential endangered species habitats (terrestrial and
submerged) will be conducted to identify species that may restrict the development of
potential access points and proposed infrastructure.
(v) Hydrologic Conditions
The hydrologic conditions for potential flooding issues associated with the establishment
of new access points will be analyzed. The data may include aspects related to potential
storm surges, flood plain management restrictions, or any other water planning related'
Issue.
(vi) General Bay Conditions
An assessment of the general bay conditions in the four bays surrounding the county will
be conducted.
(vii) Other Environmental Concerns "
A list of potential environmental concerns will be developed such as contaminated
sediments, water discharges, regulations controlling access or traffic to the Gulf
Intracoastal Waterway, non-point source data, etc.
(b) , Analvsis of Land Use Data and Engineering Considerations
Provider will conduct an assessment of the land use changes to be included with the proposed
access points. It will also include an assessment of the potential engineering concerns that would
have to be considered in the implementation and development of the proposed sites and their
infrastructure. The assessments will include the analysis of the following data:
(i) Land Use Changes and Trends
The past land use changes and future trends will be analyzed in order to identify the
strategic properties needed to be considered as potential access points and on potential
actions to be taken that may include acquisition, leasing, easements, etc.
(ii) Engineering Recommendations
An assessment of the potential engineering recommendations will be develop to be
included in the design, permitting, construction and, construction management of the
recommended access points and the proposed infrastructure. The list may include aspects
Page 3 of 10
such as materials, safety concerns, maintenance, long-term management, costs-benefits,
access restrictions, etc.
(iii) Strategies and Recommendations for Low-Impact and Low-Cost Bay Access
Alternatives
A list of strategies and recommendations for increasing low-impact and low-cost bay
access will be also presented. The idea is to present different scenarios for the long-term
management of the access points and their general infrastructure that may have the
greatest social and environmental benefit. The strategies and recommendations will be
discussed in terms specific actions that may provide increased, better, and more socially
relevant access.
Task 2 Deliverable(s)/Milestones(s) - due on or before March 31, 2012
1. Completed asset assessment and inventory of existing and potential bay and estuary access
sites.
2. Draft master plan, to include preliminary recommendations and strategies for best utilizing
existing and potential bay and estuary access sites. The Draft Master Plan will be provided in
one hard copy and one electronic copy in pdf format.
3. Presentation of the draft plan to Commissioners' Court.
TASK 3: COMPLETE THE FINAL PLAN, WHICH WILL INCLUDE FINAL ASSET
ASSESSl\1ENT AND RECOMMENDATIONS.
Provider will prepare a final report that will include the analysis of the access points, a list of
recommended sites with their general conditions, and the recommended infrastructure for each
access point. The data will be categorized in three aspects:
· Recommended actions on Boat Ramps, including the creation of new infrastructure.
· Recommended actions on Fishing Piers, including the creation of new infrastructure.
· Recommended actions on Paddling Trails, including the creation of new infrastructure.
. Task 3 Deliverable(s)/Milestones(s) - due on or before May 1,2012
1. Final Master Plan will be provided in three hard copies and one electronic copy in pdf format.
2. Presentation of Plan to Commissioners' Court.
BUDGET
The total compensation due to Provider for services provided or performed pursuant to this Work
Order will not exceed Seventy-nine Thousand Eight Hundred Dollars ($79,800.00).
MONTHLY PROGRESS REPORTS
Provider must submit progress reports electronically on or before the first day of each calendar
month during the term of this Work Order, commencing November 1, 2011. All Progress
Page 4 of to
Reports should be prepared in Microsoft Word@ and follow the format of the Progress Report
Fonn, attached hereto as Attachment A. All reports should be emailed to the County Project
Manager, as identified herein below.
REOUESTS FOR REIMBURSE1\1ENT
Provider shall submit monthly invoices electronically to the County Project Manager and follow
the format of the Request for Reimbursement F onn, attached hereto as Attachment B. Requests for
payment must be supported by documentation as required under the Contract, such as invoices,
receipts, cancelled checks, statements, stubs, tickets, time sheets, and any other which, in the
judgment of the County, provides full substantiation of reimbursable costs incurred. The County
is not liable to Provider for any costs incurred by Provider before the effective date of this Work
Order or after termination of this Work Order.
Requests for Reimbursement under this Work Order must be received by the County
Project Manager not later than sixty (60) days from the date Provider incurs the expense.
Notwithstanding the preceding, requests for reimbursement for expenses incurred by any
subcontractor must be received by the County Project Manager not later than thirty (30)
days from the date Provider receives that invoice from a subcontractor. Failure by
Provider to comply in a timely manner with these two requirements may, at the County's
sole discretion, result in denial of the request for reimbursement.
ACKNOWLEDGE1\1ENTOFFEDERALFUNDS
All reports and other materials completed as a result of this Work Order must bear the following
statement and National Oceanic and Atmospheric Administration, Coastal Management
Program, and County logos on the front cover or title page of such document and other materials:
"A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL
PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AWARD NO. NAI0NOS4190207."
MISCELLANEOUS
County Project Manager Point of Contact:
Kathy Smartt
SmarttGrants
1-512-800-4740
smarttgrants@sbcgloba1.net
Termination or Interruption of Work: The County reserves the right to halt or defer all or any
portion of the work included in the Scope of Services of this Work Order any time during the
performance period. If such an event occurs, the parties agree that the schedule and budget may
require renegotiation.
Page 5 of 10
Amendments to Work Order: Material changes to this Work Order may be made only by
agreement of the parties, in writing.
In witness whereof, all parties executed this Work Order, to be effective as of the date signed by
the last party.
CALHOUN COUNTY
ATKINS NORTH AMERICA, INC.
Michael J. Pfeifer
Calhoun County Judge
Date of execution:
Name:
Title:
Date of execution:
Page 6 of to
ATTACHMENT A
PROGRESS REPORT FORM
Page 7 of 10
PROGRESS REPORT
Calhoun County Master Plan
Atkins North America, Inc.
Point of Contact:
Phone:
Email Address:
Date:
Work Order No. 02-5109-999-WOI
Task 1: Develop a comprehensive catalog of the existing and potential bay and estuary
access points in Calhoun County.
Percentage of completion:
Activity completed during this reporting period:
Problems or obstacles encountered during this reporting period:
Plans for the next reporting period:
Deliverables submitted during this reporting period:
Task 2: Develop strategies and recommendations for public access.
Percentage of completion:
Activity completed during this reporting period:
Problems or obstacles encountered during this reporting period:
Plans for the next reporting period:
Deliverables submitted during this reporting period:
TASK 3: Complete the final plan.
Percentage of completion:
Activity completed during this reporting period:
Problems or obstacles encountered during this reporting period:
Plans for the next reporting period:
Deliverables submitted during this reporting period:
Page 8 of 10
ATTACHMENT B
REQUEST FOR REIMBURSEMENT FORM
Page 9 of 10
Amendments to Work Order: Material changes to this Work Order may be made only by
agreement of the parties, in writing.
In witness whereof, all parties executed this Work Order, to be effective as of the date signed by
the last party.
CALHOUN COUNTY
~A_JItP ~ PfI-
Michael J. Pfeifer
Calhoun County Judge
Date of execution: ?":J' -iI
Title:
Date of execution:
Page 6 of 10
APPROVE ACTION ON THIRD AMENDMENT TO REAL ESTATE OPTION TO PURCHASE AND
AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve and
authorize Judge Pfeifer to sign the action on the Third Amendment to Real Estate Option to Purchase.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor,
LAW OFFICES OF
ANDERSON, SMITH, NULL & STOFER, L.L.P.'
ONE O'CONNOR PLAZA, SEVENTH FLOOR
VICTORIA, TEXAS 77901
It
,'.. .'
, ~... " '. . . '.'
, ~"lailjng, Aadress '. " ,,",;",
. PO Box 1969 " , ,'., '.
I": "f ':-< .', 'Victoria'iTexasf.1902.'t:'>';'; ':~
i" ~~ .....'~.~~.::J'~ /''''1' '.' '.\, ....:.. I :: I'," :,,:.,:: ;,..
, Telephone .
,'. ;;';.,;-.: '.(361)573-91!l1 .' .,. I.. ",
Facsimile
(361) 573-5288
I..
"It :.:.'~~' .:J~..~ .". .r, "i.
.. T" " .,," - . ;' ,
September 6, 2011
Honorable Judge Michael J. Pfeifer
Calhoun County Judge
211 South Ann Street
Port L:.waca, TX 77979
RECEIVED
('r' .
..,!:P 0 I ?,')1~
.., IJ J
Re: Third Amendment to Real Estate Option to Purchase
Optionee: Calhoun County
Optionor: Stofer Limited Partnership, et al
Hfl'~ , '
.', r,. ,p Pfj .-
'.,/~ii)r}u:. f'~'~I' airs;"
.-.....!~ If.,;,ft . J'
. .~ t>' u,;';",
'.f&r:~
Dear Judge Pfeifer:
In order to facilitate the ultimate closing of this transaction, the seller/optionor. agrees to extend
our Option to Purchase Agreement for six more months so that the closing willriow occur on or before
March 31, 2012. Accordingly, enclosed are duplicate originals of the Third Amendment to Option to
Purchase Agreement for your handling, which calls for the option to be exercised on or befiweM~lrch
15,2012.
I understand that this extension agreement will be placed on 'the Agenda for approval by the
Commissioner's Court that will also authorize you to sign this extension agreement without the County
Commissioners. Once it has been signed by you, please arrange for one of the duplicate originals to be
returned to me.
~ '
Of course, if there are any questions, please let me know.
,rytru/fj.' iPjrJ
James N. Stofer
JNS/js '
Enclosures: Stated
cc: Shannon Salyer
P.O. Box 1001
Port Lavaca, Texas 77979
FCeruneth Finster
Via electronic mail
-j
TmRD AMENDMENT TO OPTION TO PURCHASE AGREEMENT
THE STATE OF TEXAS 9
COUNTY OF CALHOUN S
KNOW ALL MEN BY THESE PRESENTS:
This Third Amendment to Option to Purchase Agreement is made by and among (i) the
Stofer Limited Partnership and (ii) Wells Fargo Bank, as Trustee of the Day P. McNeel Trust and
the Mary Austin McNeel Trust (collectively herein called "Optionor") and the County of
Calhoun (herein called "Optionee").
Optionor and Optionee hereby agree as follows:
(1) Reference is here made to that certain Option to Purchase Agreement dated
November 1, 2008 between Optionor and Optionee, covering 7.05 acre tract of land out of the
Santiago Gonzales, Outblock 30, Tract 2, Calhoun County, Texas (Port O'Connor, Texas) and
the adjoining railroad right of way, and to the First Amendment thereto dated June 30, 2010 and
Second Amendment dated December 16,2010;
(2) As amended hereby, the Option to Purchase Agreement and the First and Second
Amendments thereto are hereby reinstated and confirmed to be in full force and effect with no
defaults currently existing thereunder.
(3) Paragraph 1 of the Option to Purchase Agreement is amended and restated to read
as follows:
"1. OPTION PERIOD: Optionee may exercise the Option to purchase the
property (7.238 acres by survey) for the sum of $457,000.00 at anytime until and
including March 15,' 20 12 (the "Expiration Date), so long as Optionee is not in
default under the lease signed by Optionee with Optionor concerning the above
property of even date herewith or so long as said lease has not terminated. TIME
IS OF THE ESSENCE IN EXERCISING THE OPTION."
(4) .The closing date under the Unimproved Property Contract is amended to be on or
before fifteen (15) days from the Effective Date thereof, but in no event later than March 31,
2012, and the sales price is amended to be $457,000.00.
(5) Except as amended hereby, all other terms and provisions of the Option to
Purchase Agreement and Unimproved Property Contract are ratified and shall remain unchanged
and in full force and effect.
(6)' The parties signing below on behalf of Optionor and Optionee warrant and
represent that they have authority to bind Optionor or Optionee, as the case may be, to the
provisions of this Second Amendment to Option to Purchase Agreement.
1
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
EXECUTED effective on the 15th day of September, 2011.
OPTIONOR:
OPTIONEE:
Stofer .Limited Partnership
Calhoun County, a, Local County Government
By: Calhoun County Commissioners Court
By: /l.: 17 ~JLA/
J~OFER, F
General Partner
Mike Pfeifer, County Judge
By:
44930 J:\JNSlStofer-Eiband\Sale to Calhoun County\Closing Documents\Jrd Amendment to Option 10 Purchase Agrmt.doc
2
APPROVE RESOLUTION REGARDING APPROVAL OF HAZARD MITIGATION PLAN UPDATE:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the
action regarding the approval of the Hazardous Mitigation Plan Update. Commissioners Galvan, Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor.
'\'t.
~SOLUTION FOR COUNTY OF CALHOUN
APPROVAL OF HAZARD MITIGATION PLAN UPDATE
WHEREAS, natural hazards in the Guadalupe Blanco River Basin historically have caused
significant disasters with losses of life and property and natural resources damage; and
WHEREAS, the County of Calhoun is a participating member of the Guadalupe Blanco
River Authority (GBRA) Hazard Mitigation Plan Update; and
WHEREAS,' the Federal Disaster Mitigation Act of 2000 and Federal Emergency
Management Agency (FEMA) require communities to adopt a hazard mitigation action plan to be
eligible for the full range of pre-disaster and post-disaster federal funding for mitigation purposes;
and
WHEREAS, FEMA requires that communities update hazard mitigation action plans every
five years in order to be eligible, for the full range of pre-disaster and post-disaster federal funding
for mitigation purposes; and
WHEREAS, the County of Calhoun has assessed the community's potential risks and
hazards and is committed to planning for a sustainable community and reducing the long-term
consequences of natural and man-caused hazards; and
WHEREAS, the GBRA's Hazard Mitigation Plan Update outlines a mitigation vision, goals
and objectives; assesses risk from a range of hazards; and identifies risk reduction strategies and
actions for hazards that threaten the community.
NOW THEREFORE BE IT RESOLVED THAT:
1. The GBRA's Hazard Mitigation Plan Update is approved in its entirety;
2. The County of Calhoun will pursue available funding opportunities for implementation of
the proposals designated therein, and will, upon receipt of such funding or other necessary
resources, seek to implement the actions contained in the mitigation strategies;
3, The County of Calhoun vests with the County Judge the responsibility, authority, and means
to inform all parties of this action; assure that the Hazard Mitigation Plan Update will be
reviewed at least annually; and that any needed adjustments will be presented to the
Commissioner's Court for consideration; and
4. The County of Calhoun agrees to take such other action as may be reasonably necessary to
carry'out the objectives of the Plan Update and report on progress as required by FEMA
and the Texas Division of Emergency Management (TDEM).
-
ADOPTED THE 220d DAY OF SEPTEMBER, 2011.
~~~lffl;-
Calhoun County Judge
V~Y'~'iOn"
Precinct No.2
~0,~
Kenneth Finster, Commissioner
Precinct No.4
APPROVE ACTION ON JUROR PAY ORDER AMENDMENT:
A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to reduce the juror
pay from $40 per day to $34 per day for each day following the first day of service due to the failure of
the state legislature to appropriate sufficient funds from the dedicated juror pay fund. Commissioners
Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Susan Riley
From:
Sent:
To:
Subject:
T AC-Commissioners Court [tac-ccourts@list.county.org]
Monday, September 12, 2011 11 :05 PM
T AC-Commissioners Court
[TAC-Commissioners Court Digest]
(q
lAC-Commissioners Court -- Message Number: 1/1
From: i.allison@allison-bass.com
Subject: Juror Pay Program Underfunded - Sample Order
Sent: Mon Sep 12 12:40:04 CDl 2011
Juror Pay Program Underfunded
In 2005, the state legislature amended Chapter 61 of the Government Code to require that counties pay
jurors at least $40 per day for each day of service after the first day. Prior to this legislation, counties were only
required to pay jurors at least $6 per day. Minimum compensation remained at $6 for the first day.
To compensate counties for this mandated expense, the statute provides that the state shall reimburse
counties $34 for each day of juror service after the first day. To fund this program, the legislator adopted a
dedicated court fee.
However, during this session, the legislature swept part of the dedicated court fee to help cover the
state deficit and failed to appropriate sufficient funds to reimburse counties at the full rate of $34 per juror day.
To prevent an unfunded mandate, the legislature was persuaded to drop the required $40 juror pay mandate for
this biennium. Instead, counties are only required to pay an amount equal to the state reimbursement. The
Comptroller has calculated this sum at $28 per day. Beginning September 28, 2011, the Comptroller will
reduce the county reimbursement to $28 per day.
To avoid an increase in county costs, the Commissioners Court must amend its juror pay order. If the
juror pay is reduced to $34 per day after the first day, there will be no impact on the county budget.
RECOMMENDATION: Adopt the following amendment to the county juror pay order:
JUROR PAY ORDER AMENDMENT
1. Due to the failure of the state legislature to appropriate sufficient funds from the dedicated juror pay
fund, compensation for jurors shall be reduced from $40 per day to $34 per day for each day
following the first day of service.
2. For each day following the first day of service, jurors shall be paid $34 for each day of service.
3. This amendment is effective for juror service on or after September 28,2011, until further order of
the Commissioners Court.
Read and adopted by a vote of
~
ayes and
1
1)
nays.
~
.,
For more information, please call me at 1-800-733-0699
James P. Allison
General Counsel
County Judges & Commissioners Association of Texas
402 W. 12th Street
Austin, Texas 78701
(800) 733-0699- toll free
(512) 482-0701 - office
(512) 480-0902 - fax
i .allison@allison-bass.com
Send TAC-Commissioners Court mailing list submissions to
tac-ccourts@list.county.org
To subscribe via the World Wide Web, visit
http://list.county.org/lists
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via the World Wide Web, visit
http://list.county.org/ips-cp
2
\C\
JUROR PAY ORDER AMENDMENT
1. Due to the failure of the state legislature to appropriate sufficient funds
from the dedicated juror pay fund, compensation for jurors shall be
reduced from $40 per day to $34 per day for each day following the first
day of service.
2. F or each day following the first day of service, jurors shall be paid $34
for each day of service.
3. This amendment is effective for juror service on or after September 28,
2011, until further order of the Commissioners Court.
Adopted this the 22nd day of September, 2011 by a vote of ~ayes and 0 nays.
~y~
Precinct No.2
~w,f~
enneth Fmster, CommIssIOner
Precinct No. 4
CONSIDER AND TAKE APPROPRIATE ACTION TO ALLOW CALHOUN COUNTY EXTENSION
SERVICE TO ACCEPT DONATIONS FOR POSTAGE FROM OUTSIDE ORGANIZATIONS:
Pass
ACCEPT THE FOLLOWING ORDERS SETTING AND ALLOCATING SALARIES OFFICIAL COURT
REPORTER AND OFFICIAL ALTERNATE COURT REPORTER FOR CALENDAR YEAR 2012 AND
ENTER INTO THE OFFICIAL MINUTES:
A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the
following orders setting and allocating salaries for the calendar year 2012 for the Official Court Reporter
of the 24th Judicial District, the 125th Judicial District and the 267th Judicial District at $67,476 per yea~
and the Official Alternate Court Reporter of the 24th, 125th, 267th and 377th Judicial District at $67,476 per
year. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
,.j
:;)1
FILED
ORDER
20 II AUG I 9 AI; 5: I 0
On this the J!l!day of Al1l!US!, 2011, came on to be consider~~~
DISTRICT CI,EHK
. allocating the salary of the O~cial Court Reporter of the 135th JrldiciaF miSfif~ff-tbr tt~e S
calendar year 2012, and the salary is hereby set at $67,476.00 for the year 2012, and in
addition, the Official Court Reporter shall receive any longevity compensation to which
she is entitled and is hereby allocated to the counties comprising the Judicial District in
proportion to the population of the Judicial District according to the 2000 Census as
follows:
COUNTY PERCENT AMOUNT
Calhoun 13.40 ' 9,042.00
DeWitt 13.00 8,772.00
Goliad 4.50 3,036.00
Jackson 9.50 6,410.00
Refugio 5.00 3,374.00
Victoria 54.60 36.842.00
$67,476.00
This action was taken at a public hearing held in accordance with the provisions
of Section 152.905 of the Local Government Code.
SIGNED THIS the 19 r of August, 2011.
! () :"f1i)
FILED.
AT ,- _O.'ClOCK:A- M
Q>~~
)ISTRICT CLERK, CALHOUN couNTY, mAS
)
ir Stephen Williams, Judge
Judicial District Court
f
j
"-
CLERK'S CERTIFICATE
The above is a true and correct copy of
the oriQJnal Order on fiI il'! sai c use.
~me a Martin Hargrove
Distri9lClerk. Calhoun coun:-V,_~
I"~, .~ ~/~(Y/
~ 8-L'-'LOI\.
ORDER
Fli_ED
2011 AUG /9 AM 5: 09
On this the _ day of August 2011, came on to be considered setting and
allocating the salary of the Official Court Reporter of the 26ih Jti~icial~~
Cal~~dar year 201~, and the salary is hereby se.t at $67,476.0~ for the~~~~~J.g,~~X,^~'
additIOn, the OffiCIal Court Reporter shall receIve any longeVity compensation to WhIC~ .
she is entitled and is hereby allocated to the counties comprising the Judicial District in
proportion to the population of the Judicial District according to the 2000 Census as
follows:
COUNTY PERCENT AMOUNT
Calhoun 13 040 9,042.00
DeWitt 13.00 8,772.00
Goliad 4.50 3,036.00
Jackson 9.50 6,410.00
Refugio 5.00 3,374.00
. Victoria 54.60 36.842.00
$67,476.00
This action was taken at a public hearing held in accordance with the provisions
of Section 152.905 of the Local Government Code.
SIGNED THIS the
/1 orAL
/, (~
Skipper Koetter, Judge
267lfi Judicial District Court
t C> !8f)
FILED
AT O'CLOCK~M
r1. AUG 2 5 2
->::::J PAMElAl'MKfl , V
ilSTRICT CLERK, CAlHOUN COUNTY,
CLERK'S CERTIFICATE
The above is a true and correct copy of
theOr~er~~~
Pamela Martin Hargrove
Dist,rict Clerk...Calhoun County, Texas
I,.. ~ ~~ rlaoutv)
~ g' - 2..6 - 2. c (/ .
ORDER
FILED
On this the day of August. 2011, came on to be consid~Q!h 4b'lfu1~arAM 5: I 0
allocating the salary of the Official Alternate Court Reporter of the 24th, ~. ~~
and 377th Judicial District for the calendar year 2012, and the salary is hereb~~/)
DlST~:CT CLERK
$67,476.00 for the year 2012, and in addition, the Official Court RepoWflgB.81rJ:@B~rw Tn ^ ~
any longevity compensation to which she is entitled and is hereby allocated to the
counties comprising the Judicial District in proportion to the population of the Judicial
District according to the 2000 Census as follows:
COUNTY PERCENT AMOUNT
Calhoun 13 .40 9,042.00
De Witt 13.00 8,772.00
Goliad 4.50 3,036.00
Jackson 9.50 6,410.00
. Refugio 5.00 3,374.00
Victoria 54.60 36.842.00
$67,476.00
This action was taken at a public hearing held on August 19,2011, in accordance
" with the provisions of Section 152.905 of the Local Government Code, as amended
-!
t.~erebY,
SIGNED THIS the
/9~ of
~ ,2011
11 Stephen Williams, Judge
Judicial district Court
Robert C. Cheshire, Judge
377th Judiciat District Court
FILED
AT I 0 ~Cl?O'ClOCK-.!1_Jr1
Q~l1-k~_
< 1\MElAIMKIIN WlRTGRMl O~
')I~l'RIr.T r.II=RK r.AI HOUN r.oUNTY. TEXAS
CLeR.K'S CERTIFICA':t.e.
Tha above is a true and correct copy of
the ori~~r~aJj1~
Pamela Martin Hargrove
DI. strjt(t Clerk, C~!hQUIll County., Texa~
bv ~ <~ rl91"""
,-.-.. ,- . .. /
~ 8-Z6- z.o/1.
ORDER
Fit_ED
~\
1011 P.UG 19 M1 5: 09
, On this the day of August. 2011, came on to be consi9f~ed se~~
allocating the salary of the Official Court Reporter of the 24th Jbmf~'ICb?;@ft for the
, , ' .OISTRICT tLEBK ' .
calendar year 2012, and the salary is hereby set at $67,476.00 (q~~~yeiJJ:!~t)lA~ifu'fFm
addition, the Official Court Reporter shall receive any longevity compensation to which
she is entitled and is hereby allocated to the counties comprising the Judicial District in '
proportion to the population of the Judicial District according to the 2000 Census as
follows:
COUNTY PERCENT AMOUNT
Calhoun 13 .40 9,042.00
De Witt 13.00 8,772.00
Goliad '4.50 3,036.00
Jackson 9.50 6,410.00
Refugio 5.00 3,374.00
Victoria 54.60 36.842.00
$67,476.00
This action was taken at a public hearing held in accordance with the provisions
of Section 152.905 of the Local Government Code.
SIGNED TIllS the /9 of August, 2011.
ID!ei)
,'FILED '..
AT O'CLOCK..tL.Jd
;B., AUG 25~' 201 .-"
~. ,~
iJAM1::LJ\ MN\I IN , 0 .
,STRICT CI.ERK, CALHOUN COUNTY, mAS
.Q.LERK's CER1J.EICATE
The above is a true and correct copy of
the Orig~~er ~al1\o/
Pamela Martin Hargrove
~:S~~.~~~':t~r;!~~~:s
0- g -1..G - 1..0(/ .
ACCEPT CHECK IN THE AMOUNT OF $50.85 AND CASH IN THE AMOUNT OF $1,071.80 AND
DEPOSIT INTO PRECINCT #3 ROAD AND BRIDGE ACCOUNT:
A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to accept a check in
the amount of $50.85 and cash in the amount of $1,071.80 from the sale of scrap metal and batteries
and deposit it into Precinct #3 Road and Bridge Account. Commissioners Galvan, Lyssy, Fritsch, Finster
and Judge Pfeifer all voted in favor.
r:~ ,~
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P.O. Box 126 · Zip 77902
Victoria. .n<
398 Industrial Park Dr. · Zip 77905
Phone 361-573-0865
Fax.361-573-0866
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