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HomeMy WebLinkAbout1994-08-15-0900AM-Special• • [7 e It ,A FILED 91, AUG I I PM 1: 4 3 } ~ y ~P• .t~M,~l.... _ . . "'10. CLERK ur BRAZOS8 COUNTY OU:ITHOUSE IJYAN. BRAZOS COUNTY OV U£PU1V BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COMM MEETING THE COMMISSIONERS' COMM WILL MEET IN SPECIAL SESSION ON MONDAY, AUGUST 15, 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. r 2. Pledge of Allegiance. 3. Consider and take action on Budget Amendment No. 93/94-26 4. Consider and take action on the payment of an invoice for architectural fees for the addition to the Brazos County Detention Center Addition. 5. Consider and take action on the selection of an outside auditor for Brazos County and the Health Department. . 6. Consider and take action on the contract between Brazos County and Cox/Croslin and G Associates, Inc. for the Brazos County Juvenile Detention Facility. y 7. Consider and take action on the acceptance of an Easement Grant for the expansion of } Stousland Road in Precinct 1. t 8. Consider and take action on a request from Ferguson Burleson County Gas Gathering System to place road bores in county right-of-way of Graham Road in Precinct 1. 9. Consider and take action on a request from Wellborn Water Supply Corporation to install water lines in county rights-of-way of Marcy Lane and Linda Lane in Precinct 3. 10. Consider and take action on the Final Plat of Franklin Estates, E.T.J. Subdivision in Precinct 1. 11. Consider and take action on the Final Plat of Tabor Ranchettes in Precinct 2. 12. Consider and take action on the Preliminary Plat of Texas World Speedway in Precinct 1. 13. Consider and take action on work outside county rights-of-way for the enhancement of county road projects in Precinct 1. Vol 1 I n. /0011 14. Consider and take action on work outside county rights-of-way for the enhancement of county road projects in Precinct 1. 15 Consider and take action on personnel change of status. 16. Consider and take action on payment of claims. 17. Adjourn. 4 The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call (409) 361- 4102. VOL ..-_..s _ . t • • • t COMMISSIONERS' COURT SPECIAL MEETING AUGUST 15, 1994 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Monday, August 15, 1994, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding= Gary Norton, Commissioner of Precinct 1= Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4s Mary Ann Ward, County Clerk. ` The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge John Reynolds Auditor Sandie Walker Treasurer Richard Vance County Engineer Bobby Riggs Sheriff Ernie Wentrcek Juvenile Services Sean Frerking Bryan/College Station Eagle John Blomberg KBTX-TV Charles Croslin Cox/Croslin & Associates Al Jones Brazos County Resident Bill Anderson Brazos County Resident Commissioner Sims gave the invocation and led the pledge of allegiance. The Court first considered Budget Amendment /92/93-26, which would transfer funds budgeted for the Non Departmental Department to the Constable Precinct 2 and to Juvenile Services. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was consideration of an invoice submitted by Emmett Trant and Associates for ' architectural /engineering services for the Brazos County Detention Center Addition (Minimum Security Jail). On motion by Commissioner Sims, seconded by Commissioner Wilco, the Court voted unanimously to approve payment of $37,800.00 to I . f ~ I~ 1. i7 I'. V . - . . x - r.-.....ar..+.- ._.,--.-,r.. - - . - - - • - , k r n L i 3 F i L •I 3 r G 1 t Commissioners court meeting August 15, 1994 i Emmett Trant and Associates for architectural/engineering services for the Brazos County Detention Center Addition (Minimum Security Jail). The Court next considered the selection of an external auditor for Brazos County and the Health Department. On motion by Commissioner Sims, seconded by Commissioner Turner, the Court voted unanimously to award the contract to Ingram/Wallace Company. Commissioner Sims noted that he felt the county should change external auditors every four (4) years. The next matter for consideration was contract between Brazos County and Cox/Croslin and Associates, Inc. for the Brazos County Juvenile Detention Facility. Charles Croslin, representative of Cox/Croslin i Associates, informed the Court that the Architect's contract fee had been reduced from 81 percent to 71 percent. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the contract with Cox/Croslin and Associates, Inc. for the Juvenile Detention Facility with the reduced Architect's Contract Fee of 71 percent. A copy of the contract is attached hereto. The next matter for consideration by the Court was acceptance of an easement grant conveyed to Brazos County as easement for the purpose of expanding and improving Stousland Road in Precinct 1. on motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to authorize the County Judge to accept the easement grant from Helen M. Grays Dickey for expansion of Stousland Road located in Precinct 1. The Court next considered the request from Ferguson Burleson County Gas Gathering System to place road bores in the right-of-way of Graham Road. The site is located in Precinct 1. This work is at the request of Brazos County to relocate an existing 4 inch pipeline along Graham Road to 5 feet inside the expanded county right-of-way. Commissioner i . . ■il • • • y i t r • t Commissioners Court meeting August 15, 1994 Norton moved to approve the request with Comissioner Wilcox seconding the motion. The members of the Court discussed the County's responsibility, if any, for some of the costs for moving the pipeline. It was suggested that the County Engineer negotiate the cost with the City of College Station and Ferguson Burleson County Gas Gathering System. Commissioner Wilcox did not feel that the County should be responsible for cost for moving the pipeline. Commissioners Norton, Sims and Turner voted "Aye." Commissioner Wilcox voted "No" saying that he felt more information was necessary. The Court voted to approve the request of Ferguson Burleson County Gas Gathering System with the stipulations noted and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District for a water installation project in the rights-of-way of Marcy Road and Linda Lane in Harvey Hillsides located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. on motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the request of Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Lot 3 Block 1 Franklin Estates Subdivision in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and it appeared to be in order. on motion by Commissioner Norton, seconded by Commissioner Turner, the Court unanimously approved the Final Plat of the Lot 3 Block 1 Franklin Estates Subdivision. The Court next considered approval of.the Final Plat of Tabor Ranchettes in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and it appeared to be in order. on motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court unanimously approved the Final a .i . Commissioners Court meeting August 15, 1994 s Plat of the Tabor Ranchettes in Precinct 2. The Court next considered approval of the Preliminary Plat of the Texas World Speedway. Richard Vance, County Engineer, stated that he had reviewed the plat and it appeared to be in order. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court unanimously approved the Preliminary Plat of the Texas World Speedway. The Court next considered authorizing work outside of county rights-of-way for the enhancement of county road projects. The Road and Bridge Department requested permission to enter the private property of Ernest A. Nolan located off Stousland Road to use a corner of his pasture land as a traffic detour route during culvert installations under the roadway. The site is in Precinct 1. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights-of-way for the enhancement of county road projects. The Road and Bridge Department requested permission to enter the private property of Charles Pierson on Schehin i S 1 Road to remove and store trees. The site is in Precinct 1. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court voted unanimously to authorize the work. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Ekroth, Aina Mitchell, Dana Klauss, Paul Rodriquez, G. Prince, David Ramirez, Russell County Attorney Juvenile Serv. Juvenile Serv. Juvenile Serv. Road & Bridge Juvenile Serv. Resignation Resignation Sal Increase New Emp P/T New Emp P/T Promotion On motion by Commissioner Sims, seconded by commissioner Wilcox, the Court voted unanimously to approve the changes as submitted. I i s Commissioners Court meeting August 15, 1994 The Court next considered the following Claims as submitted by the County Treasurer for payment: r10--GeneralFund-------------- Claims-17836--thru-18042-- 20--Road & Bridge-------------Claims-18043--thru-18508-- 21--BoonvilleCemetery--------Claims-17585--thru-------- 22--Road & Bridge II---------- Claims_18043--thru-18045-- 31--State Lateral Road Claims--18046--thru----- 32--Records Mgn. & Presv------ Claims-18047--thru-18049-- 54--Health Department Claims-18062--thru-18101-- 61--Health & Life Ins--------- Claims-18102--thru----- 90--Brazos County Grants Claims-18103--thru-18416-- 91--MPO----------------------- Claims-18417--thru-18418-- 97--Marc. Traf. Task Force----Claims- 841 --thru-l- 4330=- Commissioner Sims questioned the use of Lateral Road funds to pay for the rental of dirt tamper. It was explained • to the commissioner that the equipment was used on Straub and Stousland Road. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to approve the Claims as submitted. There being no further business to come before the Court, the meeting was adjourned. 1 i L, l • • _ • Aft The foregoing minutes of the Commissioners Court Meeting held have been examined and approved in open Court this the sVV- day of AVA) 19fr-, in Bryan, Brazos County, Texas. A-?m lr R.J. Holmgreen County Judge Walter Wilcox Commissioner, Precinct 2 mi ton Turner Commissioner, Precinct 4 nv~E)-- Gary or Commiss r, recinct 1 Mandy SiKs Commissioner, Precinct 3 Mary Ann Ward County Clerk V C% • • • 11 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1993-1994 BUDGET YEAR N0. 93/94-26 on this the 15th day of August 1994 at a special meeting of the Commissioners' Court, the following members were presents r R. J. Holmgreen, County Judge, Presiding Gary Norton, Commissioner, Precinct 1; t Walter Wilcox, Commissioner, Precinct 2= Randy Sims, Commissioner, Precinct 3= Milton Turner, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on August 15, 1994, the Court heard and approved a budget amendment for the 1993-1994 budget year for Brazos County, h Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 13, 1993, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 15th day of August 1994 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. r: By:' R. J. Holmgreen, County Judge v~ "','Original: County Clerk's Office and attached to the original budget copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File ' l ,1 1 a 1 1 4, ~ • C ~ C Budget Amend. No. 93194-26 FUND DEPT ACCOUNT # ACCOUNT NAME INCREASE (DECREASE) REASON General Constable 10-84-5213 Clothing & Uniforms 445 Increased Pct. 2 10-84-6= Travel, Meals & Lodging 375 expenses 1084.5413 Repair/Maint Vehicle 1,000 IDEP Juvenile 10-32-M17 Juvenile Expense (5,650) Reallocate Services 10-32.5210 Office supplies 650 10-32-5212 Dot. food Supplies 5,000 10-32-8530 Travel, Meals & Lodging (5,100) 1032.5615 Equipment Lease 14,100 From ND 10-32-5639 Contract Placement 150,000 From ND Nan Depart 10-14.5672 Uncollectable Taxes (160,820} Transfer to Const 2 r: y~/.~p/..~.,w~~ -~T:•r7w'w'• ir. • :I i-•:.v. "~<<• a 4w NH.. OS> 1 2t and JS Commissioners Court meeting August 15,1954 4 4 t .t f I 1 • A _ Ab - • T, N L A M 1 1 1 C A N I N S T I T U T 1 O F A k C N I T 1 C T S t r l C.opyrtght 1917,1926,1946,1951,1953,1958,1961,1963,1966,1967 1970,1974,1977 01987 by The American Institute of Architects, 1735 New York Avenue, N.V., VasAington, D.C 26006. Reproduction d the material herein or substantial quotation of its provisions without written permission of the ALA vlolates the copyright 1m of the United States and will be aubJea to legal prosemuotn AIA DOCUMENT 1141 0 0V?=-41tCHT = AGREEMEW • FOURTI 1f1 ®T110N • AIA• • 01907 TOO AUMCAN pt><lY1 rM OF ARCHrrICT& 1735 NZV V OR[ AVENIX KV WAOMOGTOK Dr- 0006 8141.1487 1 AIA Deaonent B141 Standard Form of Agreement Between Owner and Architect 1887 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT m2de as of the F o u t h dry of August in the year of Nineteen Hundred and N~nety-Four BETWEEN the Owner: B r a z o s ;Count y (Nanwandad*NO 300 E. 26th Street Bryan, Texas R.J. Holmgreen, County Judge and the Architect: Cox/Crosl i n and Associates, Inc. (Nanceatdad*aq in Association with Jack Cumpton and Associates, Inc. % 6907 Capital of Texas Hwy North Suite 200 For the following Project: Austin, Texas 78731 (Indyde defaaed dncrVlon q( Props; Ioo"% address and X*rJ Brazos County Juvenile Detention Facility. The project is anticipated to be a new Juvenile detention facility containing approximately 54 beds. The project shall contain bedrooms, passive and active dayrooms, and a central security control area. It will also include related detention functions such as an intake area and holding rooms. Related functions shal also include classrooms, dining area and provisions for physical exercise. A kitchen is not considered part of the Scope of Mork at this time. The Owner and Architect 2gree as set forth below. ' •1 f t JIB, r F. i r , r + k I I WXMV NM From time to dm the AU mal= minor mcc-dons and cbriIIritiom in its documents as they are reprinted. Changes In the 7/88 reprinting of the 1987 edition of B141 were made in Subpatagmphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subpuagaph 2.6.10 and Pwnmph 4.5. See Section C of the Instruction Sheet for a derailed description of these changes. I aIi I ~ . C~ • • j i r i TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECTS RESPONSIBIIJTIES 1.1 ARCHITECTS SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect. Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of" Agreement and any ocher services included In Article 12. 1.1.2 The Archtect's services shall be performed as expedl- thusly as Is consistent with professional skill and are and the orderly progress of the Work. Upon request of the owner, the Architect shall submit for the Owner's approval a schedule for the perfomance of the Architect's servka which may be adjusted as the Project proceeds, and shall Include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having Misdktion over the Project. Time limits established by this schedule approved by the Owner shall not, accept for tenable ause, be ==dcd by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in subparagraph 11.6.1. schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the site and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. . 2.32 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2A CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu• ments and any further adjustments in the scope or quality of the Project or in de construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifics. dons setting forth in detail the requirements for the construc- tion of the Project. 2.42 The Architect shall assist the Owner in the preparation of the necessary bidding Information, bidding forms, the Condl- tons of the Contract, and the form of Agreement between the Owner and Contractor. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Bask Services consist of those described L43 The Architect shall advise the Owner of any adjustments co previous prefimilnary estimates of Construction Cost Indi- cated by changes in requirements or general maker conditions. L41A The Architect shall assist the Owner in connection with the Owner's mTo sibWty for filing documents required for the approval of governmental authhorlties having jurtsdktion over the Project. 1 , I in Paragraphs 22 through 26 and any other aetvices w ntltbd in Article 12 as part of Bask Services, and Include normal snuo- tural, mechanical and electrical en=gineering scrviots. 2.5 BIDDING OR NEGOTIATION PHASE 22 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the owner's approval of the on Do the latest preliminary estimate and of w 22.1 The Architect shall review the program llumWhed by the assist the owner r in obtaining bids of Construction Cost. , shall Owner to ascertain the requirements of the Proles and star and preparing proposals and assist in awarding and Preparing or negotiated arrive at a mutual understanding of such requimmerhts with the eonuacts for construction. Owner. 22.2 The Architect shall provide a prellmtrhary evaluation of 2.6 CONSTRUCTION PHASE-ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the Iimita- dons set forth in Subparagraph 5.2.1. 2ALI The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 22.3 The Architect shall review with the Owner alterative with the award of the Contract for Construction and tcrml• approaches to design and eonstrwdon of the Project. nates at the earlier or the issuance to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payment or 60 days after the date of Substan• and construction budget requirements, the Architect stun tlal Completion of the Wbrk. prepare, for approval by the Owner, Schematic Design Docu• 2.62 The Architect ahhall provide administration of the Con• ments consisting of drawings and other documents Illustrating tract for Ca nstnxtlon as set forth below and in the edition of the scale and relationship of Profess components. AIA A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Constnxtoon -hams as of the date of this Agreement, unless otherwise provided in this Agreement. *as amended by Otrna' estimate of Construction Cost based on current area, volume or other unit costs, 2.6.3 Duties, responshbWtks and limitations of authority of the Architect dull not be restricted, modified or extended without 2.3 DESIGN DEVELOPMENT PHASE written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Scletwic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorised by the Owner in the program, withheld. AIA DOCL4= T 11141 • OsrNn ARatrrtWf AGREDUNT • POURTMNM 09rM • Au* • Vim TM AMBAICAN INS=M OF AROtrTIMM 17)5 MV VOPX AVWUa, N.sv. WAMIMTON, D.C. 20006 8141.17 2 Y 1, ~7 aR •,j _ J t Y I • r 1 1 t t w w t t~ I E 1 *unless such inspections have been authorised pursuant to Para.-3.2 It.0.4 The Areldw x snail be a eepieaerttadve of arts shll edvhe quality of die Work. (2) reviewed construction molts, meth- and otxMdt with the owner (1) durkte conswuWon W" oral ods. tedutlqud. sequences or procedures, (3) re viewed copies payment to the Contractor Is due, and (2) as an Additional Ser- of requisitions reeelved from Subcontractors and material sup- vice at the Owner's direction from time to time dW tg the eon pliers and other data requested by the Owner to substantiate rectbn period descctbed in the C4ntrxt for Comtraadon. The the Contractor's tight to payment or (4) ascertained how or for Architect " have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided In this Agreement unless otherwise on account of the Contract Sum. modlfkd by written kutrument. t6.11 The Architect shad have authority to reject Work whim l.0.0 The Architect shall vWt the site at Intervals appropriaoe does not conform to the Contract Documents. Whenever the to the stage of construction a as otterwlse'agreed by the Architect Considers it netrssuy or advisable for knplementa• Owner and Architect In writing to become gameally hmMu tion of the intent of the Contract Documents, the Architect will with the progress and quality of the Work completed and to have authority to require additional Inspection or testing of the determine in general if the Work Is being performed in a man- Work in aocordana with the provisions of the Contract Docu- ner indicating this the Work when completed will be In sewn mens, whether or not such Work is fabriated, installed or dance with the Contract Documents. However, the Architect completed. However, neither this authority of the Archltect nor aha11 not be required to make exhaustive of continuous on-We a decision made In good faith either to exercise or not to corer- hsppections to check the quality or quantity of the Work. On else such authority shall give rise to a duty or responsibility of the basis of on-she observations as an architect, the Architect the Architect to die Contractor, Subcontractors, material and shat keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work and shalt endeavor to guard the Owns against sons performing potions of the Work. ddects and deficiencies in the Wok. (More asarldve slit reprewntation may be agreed to as are AddUknal Strider. as 2.6.12 The Architect shall review and approve or take other ' dna*W in Paraerapb 3.2.) appropriate action upon Contractor s submittals such as Shop Drawings, Product Data and Samples, but only for the llmked 26.e The Architect shall not have control ores or charge of purpose of checking for conformance with information given and shall not be responsible for construction means. methods, and the design concept expressed in the Contract Doeunents. ' techniques„ sequences or procedures, or for safety precautions s action shall be taken with such reasonable The Architect and programs in connection with the Wodx, since these are promptness as to cause no delay in the Work or in the eon- wkly the Contractors responsibility under die Conuact for stretion of the Owner or of separate contractors, white allow- ' Construction. The Architect shall not be responsible for the s professional judgment to log sufficient time in the Architect Contractor's schedules or failure to carry out the Work In scoor. permit adequate review. Review of such submittals Is not eon- dartee with the Contract Docwnntt. The Architect stall not ducted for the purpose of determining the accuracy and com- have control over or dwF of acs or omissions of the Contras pl to ncss of other details such as dimensions and quantities or tux. Sutcontracton, or their agents or employed, or of any for substantiating Instructions for Imullation or performance of. other persona perforhing portions of the Work. equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent l.0.7 The Architect shall at d times have access to die Work required by the Contract Documents. The Architect's review wrheever It is in preparation or pnogreaa. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction te.0 Pscrpt as say otherwise be provided In die Contras means, methods, techniques, sequences or procedures. The Documents or when direct communications have boas spc- Architect's approval of a spedfic Item shall not indicate dally suftnimd. the Owner and Contractor shall communicate approval of an assembly of which the Item Is a component. ttuough the Architect. Communications by and with the Mdt4 When professional certification of performance characteristics loci's consultants shall be through the Ardhtteca. of materials, syscemt or equipment is required by the Contract L6.9 Based on the Architect's observationta and erahadons of Documents, the Architect shall be entitled to rely upon such to establish that the materials. systems ~ n- o the Contractors Applications for Payment. the Architect stall ~ the performance air required by the Con -men: will review and certify the amounts due the Contractor. tract Documents. LL10 The Architect's certification foe payment dull co sti- LL13 The Architect shall prepare Change Orders and Con- tuse a reptesentstion to the Owner, based of the AtchieWs aructlon Change Directives, with supporting documentation at the alts as provided in Sum 2M and and data N deemed necessary by the Architect as provided In on the duo compel rag the Contractors Apptk'2tion (of Pay- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and meet, that, to the best of the Ardslwls knowkdgq Infoema• execution In accordance with the Contract Documents, and don and belief, the Work that progressed to the point Indtaxd may authorize minor changes In the Work not involving an and the qty of Work Is in accordance with the Contract adjust In the Contract Sum or an extension of the Contract Document. The foregoing representations are subfect to an 'Plate which are not Inconsistent with the intent of the Contract evaluation of the Work for eonforanoe with die Contract Documents. baa Documents upon Substantial Compk kw% to results of su queht tests and inspections, to minor devi dons from the Con- L6.14 The Architect shall conduct Inspections to determine tract Documents correctable prior to Cornplction and to spe- the date of dates of Substantial Completion and the date of final cific qua ications expressed by the Ardtltect. The karuroe of s completion, stall receive and forwrard to the Owner for the Certificate for Payment shall Anther constitute a representation owner's review and records written warranties and related that the Contractor der entitled to payment In the amount certl- documents required by the Contract Documents and assan- tied However, the Issuance of a Catlfdcate for Payment stun bled by the Contractor, and shall Issue a final Certificate for Pay- not be a representation that the Architect has (1) made cxtM s• mast upon compliance with the requirements of the Contract ! uve or continuous on-site inspection to eitoA the quality or Documents. Au 0=---rr 9141 • oWrrzttARCHfMCT AGRUMENT • POURTEEM MMON • MAO • 0IM a 0141.1937 THa AM=CAN ReSTTfUn Of ARGHtMCM 173S NEV YORK Av®eua. N.V. WASHWGIM, D.C. aoooa wtsF us. wtnaNm tbstowrew pltor - ;11 t0 v oWp ptr trw• wd t• wA*d a hqd pram••orAbm 1 1 r r i • • • • *and the Architect shall be held to a higher standard of care in such event. 26.16 The Architect shall Interpret and deride mattes con- 32.3 Through the observations by writ ProJo~t Reprtaert• c'erning performance of the Owner and Conoco under the adves, the ArdUtect shat endeavor to provide Arhllet 0c• requiranents of the Contract Documents on written request of don for the Owner against defects and dendmcks in the Work,* either the Owner or Contractor. The Architect's response to .ta~GtaastI - such requests shall be made with reasonable promptness and tg~dlp~tjtRFbl}~cROtR7C:i'.to1i: within any time limits agreed upon. 2.6.16 Interprctatio s and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the Intent of and reasonably inferable from the Contract Documents and shall be in writing or In the form of 3.3.1 bfaking revisions In Drawings, Specifications or other drawings. When making such Interpretations and Initial dcd- documents when such wvhions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality .1 inconsistent with approvals or instructions previously to either, and shall not be liable for results of 4ttcquctations or given by the Owner, Including revisions made neces- dedsions so rendered in good faith. sary by adjustments in the Owner's program or Prop 2.6.17 The Architect's decisions on matters relating to wsthte- ect budget; tic effect shall be final If consistent with the Inters expressed In J required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.16 The Architect shall render written decisions within a documents; or E reasonable time on all claims, disputes or other matters In qua- .3 due to changes required as a result of the Ownces Wl- Uon between the Owner and Contractor relating to the execu- um to render decisions In a ttrnay manna. tlon or progress of the Work as provided In the Contract Docu nests. 3.32 Providing services required because of significant 26.19 The Architect's decisions on claims. disputes of other chmges in the Project including, but not limited to, sine, qual• p mattena, including those In question between the Owner and ~ or and contracting for eonstructhon, except for Contractor, except for those relating to andhetlc effect as pro- services required under Subparagraph 5.2.5. vkted In Subparagraph 2.6.17, shall be subject to arbitration a provided In this Agreement and In the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other docu men• cation and supporting data, evaluating Contractor's proposals, • and providing other services In aw=tlon with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing servka In connection with evaluating mAnd- tudons proposed by the Contractor and nuking subsequent 1 GENERAL 3 revisions to Dr2wbV% SpedGcations and other documentation . resulting therefrom. 3.1.1 The services described in this Article 3 are not kndudod 3.3.6 Providing consultation concerning replacement of Work in Bask Services unless so Identified In Article 12, and they shat be paid for by the Owner as provided In this Agreement. In damaged by fire or other cane during construction, and Ain addition to the compensation for Basic Services. The services nlshing services required In connection with the replacement of rich Work. described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed In writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services In Paragraph Contractor, by major defects or def ckncles In the Work of the 3.3 arc required due to drcurn tanc-es beyond the Architect's Contractor, or by failure of perfortnanee of other the Owner or control, the Architect shall notify the Owner prior to eom- Contractor Under the Contract for Corstnutlon. mencing such services. If the Owner doerns that such servioes described under Pu2gnph 3.3 are not required, the Owner +nunueunl hitch 3••7.7 tpviding services In evaluating numuer of shall give prompt written notice to the Arctdtcct. If the Owner claims submitted by _the Contractor or others In connection with the Work *on a proJeet of this size indicates In writing that all or pan of such Contingent Addl• clonal Services are not required, the Archltax shall have no obli- 3.3.5 Providing services In connection with a public hearing, gation to provide those services. arbitration proceeding or IMd proceeding except who the 32 PROJECT REPRESENTATION BEYOND BASIC Ardhkect is party thereto. SERVICES 3.3.9 Preparing documents for alternate, separate or sequential 32.1 If more extensive representation at the site elan Is bids or providing service in connection with bidding, negoda• don or construction prior to the completion of the Conatrtla described In Subparagraph 2.6.5 Is required. the Architect shall don Documents Phase. provide one or more Project Representatives to assist In terry- ing out such additional on-site responsibilities. 3.32 Project Representatives shall be selected, employed and 3A OPTIONAL ADDITIONAL SERVICES directed by the Architect. and fie Architect shall be oompeat- iA.1 Providing analyses of the Owtnet'a hoods and pmgr2rn. sated therefor as agreed by the Owner and Ardhltecx. The the requkanents Of the Project. ~ 8 ducks, raponsibWtks and limitations of authority of Project 3A2 PTV financial feasibility oc other special studies. Representatives shall be as described In the edition of AIA Document B352 current as of the date of thisAgoeesne nt, unless 3.4.3 Providing planning surveys, rite evaluations of com- wlsc agreed. • pasuve studies of pmgxxtve site. y AIA YY{.~1~/.. ina • Dvrrtta• Kw=r. AGunew • mums t tt runt • AIAO • MW 8141.1987 4 rata AMEa1CAN VOTr M OF aaatrrac % 1735 WW T09X AVZMM 1LV VAl1WMTGK or- MM 4 .....tw/.t.. c 4 _ I i { n . FI . F a t i ~ i • I k . 1 ! 1 C 1 ~ I I s I P I v ~ t j s! 4 1 i I I S i i 5 ®141.1087 1 Asti oomm'iim x141 F[~ r.'Y~~~ t9e7 WM AMICAN OeaTrrtfml W ARCHMM.1715 HEtt YOart AMU& N A, WASHtNGTOK O.G. 20006 MIIMM~ tArs`AOMMad DbboEp &V VIOLA 8 hel1l. "Milo ttw oul b1{ Aq~:\0d 10 bpd p-evuWL _Jb. . 3 *in consultation with the Architect' 0.4.4 ProvWing special swveys, ahvbororms sttmdks and 4,tt The Owner ddestablbh and update an overall budget for ' submissions required for approvals of gomruna>nl aldKxkia the Project, kxWfrtg the Construction Cast. the Owner's other or odtas having pubdiction over the Prop et. costa and ressorabk contingencies rcbted to aU of these costs. 0.44 Provldhta services relative to ham fbd i ia„ sysoarts X and equipment. Al~tirfltcAak~le4~Aact+Agrord7t~xR 0.4.6 Providing service to Investigate exlsdng eondkkxu Of Si ilcA9j,Bit'j(it A'Rf~4DEiikt~~fACR4tit9t facWtka or to make measured drawings dxxwL ' 4.4 The Owner shall dmfgnue a representative authorized to 0.4.7 Providing services to verify the accuracy of drawings Of an on the Owner's behalf with respect to the Project. The other Information furnished by the Owner. Owner or such authorized representative shall render decisions In a timely manner pertaining to documents submitted by the MA Providing coordination of constriction performed by Architect In order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own faces and eoordi- and sequential progress of the Architect's aevices. nation of services required In connection with construction performed and equipment suppled by tine Owner. 4.6 The Owner shall furnish surveys describing physical 0.4.0 Providing services In connection with the wont of a con- characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and kgal information shall include, as applicable, Owner. grades and lines of streets. alleys. pavements and adjoining 0.4.10 Providing detailed estimates of Coratruction Cast. property and structures; adjxent drainage. rightsef-way, encroachments, inning, decd t - restrictions, le1ss• 0.4.11 Providing detailed quauky surveys or inventaks of mer boundaries and contours rs of of the e alto; locations, dlrthen- e t i nuterial, equipment and labor. s io u and necessary data pertaining to existing buildings, other SAM Providing analyses of owning and operating costs. Improvements and trees: and information concerning available utility services and lines, both public and private, above and 0.4.10 Providing khteice design and odna sknibr services below grade, including Inverts and depths. All the Information required for at in connection with the selection, procurement an the survey shall be referenced to a Project benchm2& or Installation of ftunlture, furnishings and related equip em snot unreasonably 3A.14 Providing services for piannktg natant or rental spaces 4.6 The Owner gall furnish the services of geote c hnfcal engi- neers when such services are requested by the Architect. Such 3A.16 Making ol or equip services may include but are not limited to test borings, test men. or valuaft s and d=id sppcdmtq of F-041- pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and rcsis- 3A.16 Preparing a set of teproducNe record drawings snow- tivity tests. including necessary operations for anticipating sub- Ing significant changes In the Work made during construction soil conditbnss, with reports and appropriate professional based on aurlce&tp prints, drawings and other data llunbinod recorttnmrndations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the aervkes of other consul- 3A.17 ProvkI ng assistance in the utilization of equipment or tans when such setvim are reasonably required by the scope WAcm such as ruing. 4= 4 and balancn& pMPWALIOn of of the Project and are requested by the Architect. operation and maintenance manuals' tralafng personnel fo operation and mainteunce, and cwoultation during operation. 4.7 The Owner scull furnish structural, mechanical, dumlcal, 3A.16 Providing services after Issuance to the Owner of the air and water pollution tests, teats for hazardous materials. and other laboratory and environmental testa, inspections and final Certificate for Payment, or in the absence of a &W Cera reports required by law or the Contract Documents. tiflcate for Paymcnx, more rites 60 days after the date of Sub- stantial Completion of the Work. 4.6 The Owner shalt furnish all legal, accounting and Insurance 3.4.10 Ptovk tg servicea of consultants for other titan =hi_ counseling re^I as may be necessary at any time for the Project. Including auditing services the Owner may require to tecturA struettual, nmecankal and electrical engineering po_ dorla of the Project provided as a part of Basic ScrAces. verify the Contractor's AppLications for Payment or to ascertain how or for what purposes the Contractor has used the money MM Providing any other services net odnerwbe Included in paid by a on bdWf of the Owner. thb Agreement or not custaardy fury hcd in accordance with gCnCrAlly accepted arddWaM l practice. 4.0 The services. information, surveys and reports required by Paragraphs 4.5 through 4.8 gull be furrhls led at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTME 4 4.10 Prompt written notice stall be given by the Owner to the r chitect if the Owner becomes aware of any fault of defect In A OYVNER~B PJMPONSMLffIES ~ , e hoveveior>'a°luienn~o Ydo so sCE°iarirnot: re1V,~0e9vie 4.1 The Owns/ c provide full Ynbration megaedlhs 4.11 The proposed language of certificates or certification tequkeeetts to the Project, Including a program whkh stall requested of the Architect of Architect's consultants shall be set forth the Owner's objecdves, schedule. constraints and af• submitted to the Architect for review and approval at least 14 terra, Including space requirements and tdatlo zhlpa, Herd- days prior to execution. 7be Owner cull not request oertifk:a• bllity. a®mndabliity. saecI2 eauh=mL svstems and rite torn that would reaulre knowkdae or services bevond the f i i I 10 of this *opchitrcttofhan of Architechts duties. t ~ • t ,r • • • s ARTICLE ' j A if the Project b abandoned, terminate In accordance with Paragraph 8.3; or CONSTRUCTION COST A cooperate In revising the Project scope and quality as 6.1 DEFINITION required to reduce the Construction Cost. 5.1,1 The Constmalon Cost shall be the total cost or esd• 62.5 if the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional Burge, shall modify the Con• mated cost to the Owner of all elements of the Project designed tract Documents as necessary to comply with the fixed Limit, if or specified by the Architect. established as a condition of this Agreement. The modifieation 5.1.2 The Construction Coat shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect stall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whetter or not tractor's overhead and profit. In addition, a reasonable allow- the Conautactbn Phase Is eommenoed. anee for contingencies shall be Included for market conditions at the time of bidding and for changes In the Work durfng j construction. ARTICLE 6 5.1.3 Constructlon Cost does not include the compensation of USE OF ARCHITECTS DRAWINGS, the Architect and Architect's consultants, the costa of the land. SPECIFICATIONS AND OTHER DOCUMENTS rightsof•way, firuncing or other costs ankh are the rcspon- sibulty of the Owner as provided in Anlde 4. 6.1 The Drawkhgs, Specifications and other documents pre- 62 RESPONSOLJTY FOR CONSTRUCTION COST pared by the Architect for this Project are Instnrments of the Architect's service for use solely with tespeet to this Project 52.1 Evaluations of the Owner's Project budget, prdl mhury an4 unless otherwise provided, the ArchUect stall be deemed estimates of Construction Cost and drilled estimates of Con- the author of these documents and dull retain all common law, t auuction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights. Including the copyright. Architect's test judgment as a design professkxul &MIllar With The Owner shall be pemdtted to retain copies. Including repro- the construction industry. It Is teroplaed, however. that nett- ducible copies, of the Ardtltea's Drawings, Spec amdons and ther the ArdUtect nor the Owner has control over the cost of other documents for Imformaon and reference In connection labor, materials or equipment. over the Contractor's methods with the Owner's use and occupancy of the Projem Tree Arctd- of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other documents atoll not be or negotladng conditions. Accordingly, the Archtect cannot used by the Owner or others on other projects, Jcntfnt and does not warrant or represent that bids or negotiated prices unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be In default under this Agreement, estimate of Construction Coat or evaluuon prepared or agreed except by agreement in w *bV and with appropriate eompen- to by the Architect. satin to the Atdhheet. 522 No fixed Walt of Construction Cost shall be established 6,2 Submission or distribution of documents to meet official as a condition of this Agreement by the fumishtng, proposal or regulatory requirements or for similar purposes in connectlon establishment of a Project budget, unless such fixed WWt has with de Project Is not to be construed as publication in deroga. boat agreed upon In writing and signed by the parties hereto. V tin of the Arddtea's teiierved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencim for design, blddfng and price escalation, to determine what materials, equipment. com- ponent systems and types of conswcton are to be included in ARTICLE 7 the Contract Documents, to make reasonable adjusunents in the scope of the Project and to include In the Context Docw ARBITRATION rents alternate bids to adjust the Consuualon Cost to tM fixed limit. Fixed limas, U any. shall be bhcreased In the amount of an 7.1 Charms, disputes or oiler routers in question between the Increase in the Contract Sum occurring after execution of the Conuact for Conaruction tanks to thls Agreement It~ gguhnt of or mbtblg to this Agree- VX . mac or breach dxreof U bjw to and decided by wN. 52.2 If the Bidding or Negotladon Phase has not commenced axion In accordance with the Consuuctin industry Arbltra- withln 90 days after the Architect submits rte Construction tin Rules of the American Arbitration Assodation Currently in Documents to the Owner, any Project budget or find unit of effect unless the parties mutually agroe otherwise. Consuucdon Coat shall be adjusted to reflect changes In the 72 Demand for arbduulon shall be filed In •niting with the general level of prices in the cocstrucdor Industry between the date of submission of the Co suucdon Documaus to the other party to this Agreemert and with the~►q(~ At"bitra- A demand for arbltratloRSlhaillUc atthln ton Anodulon Owner and the date on which proposals we sought . a remonable time after the Balm dispute or other muter In 0 52A u a fixed limit of Construction Coat (adjusted ss pro- ques4on has arisen. In no event drill the demand for arblu%flon 4 vlded In Subparagraph 5.2.3) is exceeded by the lowest bona be made sftea the date when Institution of kgd or equitable - fide bid or negoVated proposal. the Owner shall: proccedLrW based on such dalm. dispute or other matter In .1 give written approval of in Yhcrease in such famed quesdw would be' 21 Plby the sppUcabk striates of Wrikatins. limIl 73 No arbitration arlstrtg out of or relating to this Agreement .2 aatihodae rebidding or rcrm*wb t of the Project sham Include, by consolidation, joinder or in any other manner, wkhkh a reasonable tlmG . an addldona pctmx or entity not a party to fhb Agreement, THI Ail tl~t1 1r11t OF ARCH1711CM ~ ' Avm KILV% '~ttt D- 81414WT 6 f• f. 1 • _ All. :f snap, by written coient ooew1 1 a spex0c tdFitnae so this Agreement signed by the Outer. Ardtttem and any otter person or entity sm*M to be plated. Consent to aebizratloei bhvoh ft an additional person or entity shall not constitute consent to arbitration of any claim dispute or other matte In question not described in the written oonsent or with a pesom or entity not named or described therein. The foregotrsg agree, ment to arbitrate and other sgreements to arbitrate with an addWortai person or entity duly consented to by the parties to this Agreement than be specifically enforceable In accordance with sppUcabk lawn in any court having Misdietioe t>ered 7A The award tendered by the arbitrator or arbitrators shall be W. and Wgrnent may be entered upon it in aeoordanoe with appt cd* law In any court tuvkig Nd3dkdon diercoL A Ten p tscer t of the total compensation for Bask and , Addklonsl Services earned to date if termination owns during the Design Development Phase; or a Five pecoerht of the total compensation for Basle and' Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCEi1J1NE0US PROVISIONS •,1 Unless otherwise provided, this Agreement shall be gov caned by the law of the principal place of business of the Architect. ARTICLE 8 TERMINATIOK SUSPENSION OR ABANDONYF]iT . 92 Terms in this Agreeneht shall have the same meaning as those in MA Document A201. General Conditions of the Corr tract for C utnrcti n/current as of the date of this Agreement. 9J Causes of action a en thdeed by Otm parks is Agreement pensatrUng to arcs of fallurea to act Shan be deemed to have a0e10d and fi q~ j 4{t~'?3(;'~~4 h7}l~ ving o t5„ o~ J. nr~,,~a rciJ?: d or tmptadm. •A to tuft aB~ iAtS~:T..3~ddf~ ~.w~:~sL:;ct:~r:kntxhc XI(I Ile z U The Owner and Architect. respectively. bind themselves. their partners. auooemon, assigns and kgal representatives to the other party to this Agreernent and to the partners, s xom som assigns and legal rcprtsenttatlves of such other parry with respect to an covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. U This Agreement represents the entire and integrated agree met betweeh the Owner and Architect and supersedes an prior negothtions, repmsettulons or agteernents, tither writ. ten or oral. This Agreement may be anhendcd only by written Inmu melt signed by both Owner and Metiltect. !.7 Noehietg oontakhod tm this :than eseau a •.e in the event of termkuton not the fault of the Ardtftect. greemen oontrao- tual ydathoesho with or a cane of action In favor of a third the Architect sham be cocnpmwtcd for services performed prior party against either the Owner or Architect. to temilmdon, together with RcUnbumible Expenses then due and an Termination Expenses as defined In PatagrVh 8.7. 11.111 Unless otherwise provided in this Agreement, the Architect ' and Architect s consultarhts than have no responsibility for the •.7 discovery, prescram handling, removal or disposal of or expo- ~ sue of petsau m husrdotu materials in any form at the Pro)= t:- t--_*rcrntltntionExpensesstall site, khdudfltg but not Unshed to asbestos. asbestos products. .be computed ss a pescrnt a of the total compensation for potydhbrkiatod lolpthcnyl (PCB) Or others mtclC a1b6t7n0O Bask Services and Adci krull Servba curbed to the qme of ter, mknadom as follower: il oBse due to t oi the 9.9 The Ardiltect shall have the right to include reptaennta- t ul he tio s of tie design of the Project, Including photographs of the .1 Twenty percent of the total compensation for Basic exterior and interim, among the Archltea's promotional and and Additional Services earned to date if to minubn professional materials. The Architect's nateriab " not occurs before of during the predesign, site arahysh, or Indude the Ownces confidential or proprietary information if Sdhematk Design Phases: or A t the Owner has peeviously advised the Architect in writing of M This Agreement may be temhuted by either party upon not less than seven days' written notice should the other party fall substantially to perform in accordance with the helm of this Apvanar a trough no faAt of the party lrik xft tie otamI i U N the Project Is aaspe nded by the Owner for mole than 30 consecutive days. the Architect shad be compensated ke set, vk= performed p Pro)w is resumed. the Architect's cornpmsation stun be equ;- tably adtusred to provide for acpersa Incurred in the kternhp tlon crud resumption of the ArrdllteCt's sevloea 62 This Agreement may be seminated by the owner upon not less than seven days' written rhotioe m the Architect In rte event t ha the Project Is pemmrbertty abaridortod• If the Projat Is abandoned by the Owner for more than 90 consecutive days. the Architect may terminate this Agreement by giving written notice. 11A Failure of the Owner to make payments to die AM*= in scoordance with this Agroement stun be considered aftwntial nonperformance and cause for termination. $A U the Owner falls to nuke payment when due the Archl- test for services and sit mum. the Architect May. Upon raven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unks3 payment in Pon Is received by the Architect within seven days of the date of the notice, the suspension shall take effect without Anther notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay at damage cmhaed the Owner beaux ti of such aiSpe W= Of services. M OOCL' UM 0141 • ott+t49JtARCHffV(T ACMDaM • FOUaTZMa" MMON • ALAS • 01967 7 8141-I M Txa AMMAN miST7M1<OF AROI T1ir M 1735 tatty matt Avntua, x.V WASHIrtora+. D.c• 20006 VMUNNM tMeostisaa plhasooovstr d°0'n'tLf&°°pk'f~'! tow shd r .111 tpt+ FtoMwlbn. 11 ~ 'f 11 ! . ~ ~ _ ~~~d Ill P-~..1 _ • t r' { f r the specific Information considered by the Owner to be confl- dentihl or proprkary. The Owner stall provide professional credit for the Architect on the eonstruc ion sign and In the pn> motional materials for the Project. ARTK:LE 10 PAYMENTS TO THE ARCHT ECT i i • 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense Is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their manduory and customary con- tributions and benefits rcrted thereto, such as employment taxes and other statutory employee benefits. Inswunoe, sick leave, holidays, vaations, pensions and similar contributions and benefits. 10.2 REIMFIURSABLE EXPENSES 102.1 Reimbursable Expenses are in addition to compensa- tion for Bak and Additional Scrvkcs and Include expenses Incurred by the Architect and Architect's employees and con- suhmts in the Interest of the Project, as identified in the follow- ing Cruses. 10.2.1.1 Expense of transportation In connection with the Project; expenses in connection with authorized out-of-town travel; long4lstance communkatlons; and fees paid for secur- ing approval of authorities having jurisdiction over the Projom 10.2.12 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 if authorized in advance by the Owner, expanse of overtime work requiring higher thin regular rues. 105.1 A Expense of renderings, models and mock-ups requesoed by the Owner. 105.1.6 Expense of additional Insurance coverage or limits, including professional liability Insurance, requested by the owner in excess of that normally carried by the Architect and Architect's consultants. 1021.6 KSWACX 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Initial payment as set forth In Paragraph 11.1 Is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, anal be in proportion to scr. vies performed within each phase of auxvloe, on the basis act forth In Subparagraph 11.2.2. 10.3.3 if and to the extent that the time initially established In Subpaagrph 11.5.1 of this Agro meat is exooedod or extended through no fault of the Architect. compenntlon for any ser• vices rendered during the additional period of time shall be computed In the manner act forth In Subparagraph 11.5.2. tOAA When compensation Is based on a pcrc ntage of Con- struction Cost aid any portions of the Pro)= are deleted or otherwise not constructed. compensation for those portions of the Project shalt be payable to the extent services air per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona Iide bid or negotiated proposal, or (2) If no such bid or proposal Is received, the most recent preliminary estimate of Construction Coat or detailed estimate of Construction Can for such pot. tions of the Project. 10A PAYMENM ON ACCOUNT OR ADOFTIOIM SERVICES 10A.1 Payments on account of the Architect's' A dhional*M5 Services and for Reimbursable Expenses stall be trade upon presentation of the Archima's statement of services ten' y lord or expenses Inctmted. a?Ua 10.6 PAYMENTS MRTHHFID 10.6.1 No deductions shall be made from the Art3Utc ct's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes N the Work other than those for which the Architect has been found to be liable. 10A 10.6.1 Records of Reirnbunzable Expenses and expenses per- mining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be able to the Owns at the Owners authorized representative at ARTICLE 11 BASIS OF 001Ap NSA110N The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of one thousand DORM(1 1.000.00 ) shall be made upon execution of this Agreement and credited to the Owners account st Ilnd paymat. 112 BASIC COMPENSATION 112.1 FOR BASIC SERVICES, as described in Artice 2, and any otter savitxs bv*Wcd in Atdde 12 as pan of Basic Services, Bask Compensation sha0 be computed as follows: 0-9 6-6 1~ C1 bchiaq aow~ mom ..i 4wo -j .r y phow b 06" prmr.► me"* of q ft. v ` ~C~~K~x~Kdxilx~xts~xs~xp~err~eA~t~#Jdx~t~x3 . Seven and One Half•Percent (7-1/28) NA oOCUMM 1/41 0 0VNZ ,Aa04T = AGaM@fr • POURTUM tttxT>lort • MAO •OIM Thu AwERUAn MTrstrM OF AROQrLk.M IM trots' watt AV M4ILV VAUUNGMK D.C. 20006 8/41.1 f?a7 d J t _ < a.. 11.U Where compe rwom Y based an a wlpubmed wan or paoawDe of CorwA otlon Cast. progrou payments for Bask Services in each phase shag total the following peraer mg, of the total Bask Compensation payable: ftwiw+.Aw/uIIpft..r.r.q CPFd0WJ Sdhemadc Design Phase Fifteen F, (15 Design Development Phase: Twenty Percente 0 Constrixtloe Documents Phan Forty p reent o 0 Bbding cc Negodatfon Phase: Five percent ( 5 Constnlctlon Phase: Twenty percent g 0 Total Bask Compensation: one hundred percent (10091) 11A COUPENSATION FOR ADDITIONAL SERVIM 11.x.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as described in Paragraph 3.2. compensation shall be com- puted as follows: Principal 5125.00/hour Associate $ 85.00/hour Project Manager $ 79.00/hour Project Architect $ 68.00/hour Intern $ 60.00/hour Drafting $ 55.00/hour Clerical $ 40.00/hour 11.9.2 FOR ADDITIONAL SERVICES OF THE ARCIIITECT, as described In Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included In Artkk 12 as part of Battle Services, but excluding services of consultants, compensation shall be computed as follows: (nose b is q/ cot penwiatr. r.as.wrbr.rtrrprer q( DOW Pawn ..r pw.ar/e. PhWe4uh and fooky a. w ~0 Mwdpab a/ er.Nur empAgwa V ngwrrd IArwtVY {pK(IN serntw p ~ perrtcrbr twNbttf. 4V eagp..a.now.ppgt r W«+r...rr) Same as 11.3.1 i ~ k 11.1.9 FOR ADDITIONAL S>otVKZS OF CONSULTANTS, Including additional WWtural, medw*ll and electrical engineering services and those provldod under Subparagraph 3.4.19 at idendaod h Ardde 12 a part of Additional Services, a muldple of t ; one point fifteen( 1.15) dma the amouna bMW so the AndlItea fW stadh Mvkes• 0"0 W t{IN 0Pn of conffidW W s■ Arndr 12, r r.*rr.0 i ' 11A REl2i8URSABLE EXPENSES 1 111A.1 FOR RELMBURSABLB EXPENSES, a dcacdbed in Patagrsph 102, arid any other Items Included in Artkk 12 as Reimbursable t Expenses, a muldpleof one point ten ( 1.10 ) tlnhes the menses incurred by the Archimct, the ArdUtoct's employees and eonsutarus In the Interest of the Profoet t 11.5 ADDITIONAL PROVISIONS d 11.5.1 IF THE BASIC SERVICES aarered by this Agreematt Mee not behem completed within twenty-four i ( 24 ) months of the date hereof. through no faun of the Archhect. extension of the Archkm's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 113.2. 11.5.2 Payments arc due and payable thi rtY ( 30 ) days from the date of the Architect's invoke. or d b lo h 0 • • e w, ) days after the WMcc date shall ~bear ciintc" at t Amounts unpaid thirty ( 3 e rate getn~tere gfevuan8iop in the absence thereof at the legal rate es permitted to repaid by Owner n ed r lav _ ewd twitted ~ ~ ~ ~ ~ ~J ' ten percent 10X) (utrs~, IMra a/ nprawtrtrO rwAt► few A~4tr~ !1r a/~t~ Act rbrrArr serna.f lnof oaeotww enrfr raw wI oobw rghtlsefan r nr Owr►ti wd A.rlsl• *mVk a*r dWtror.botdd br Ob1 wd YYIA rbr.to(tdtq of ebn prowls 0* #=No n of ar ad obntarw wa bmtrA N t % t t . U y e pr f ~a rWp@d a Or .rwVratwa w.qo q.,llh~ rapat Waft tt.& M .rrtn[n dusdtl.ror or smrh.n ) ` AIA 000=1T 0141 • OWWR AWMff T AGREEMWr • FOURTt<EMN EDITION • AIAO • 01987 S 8141-19" inM AbUMCAN aesTTrvre or ARC MWF3.1735 NEW YOU AVTltua. N.V.. WASNhheGTOH. D.C. 20006 NMlr~l~ ynapbrhwAFlhnboepFrtp~ e1MM tLt oApFreOtt Iwo cans 1. e>,p.a b tphr P! ■y ^ h t 4 ' r O~ 1 . •t _ , * ` _ - - ♦ L l• J , l ~ ~ ' W~i..~.r.x.... _ _ ~..r.v`.a~L.... .y ._yya ..Y~. -.•+s•+ r aa •.++b-i.dr:•..r - - ...,,._.,-a i, . . . ■ • • • f f r c . 1I JA The rtes and multiples on forth for AddkWW Serrka stall be annually stllwted In Kcorda= with normal salary review ptactim of the Arrhltect. ARTICLE 1Z OTHER OONDITIM OR SERVICES 3 M~ lb/t ,Ij•a fdWO MMand SPWM OMW" wM a It CXV WER OW AM/ ~oIPo~rbwl b M/ pgww~t m~pwwNo~ Y►~1 1. The basic services does not include those services of a Civil Engineer. The County may hire the Civil Engineer directly, or request the architect t(f hire the Civil Engineer under Article 11.3.3 and 3.4.19 of this contract. 2. The basic services does not include the services of a Cost Estimator. If the County desires,& Cost Estimator may be included under this contract as stated in Article 11.3.3 and 3.4.10 of this,:contract. 3. The attached Addendum A shall be considered as part of this contract. r. F . i. I,, TMs Agreement entered Into as of the day and year Mt wdum above. OWNER ARCtUIECT BRAZOS COUNTY COX/CROSLIN AND ASSOC AT S, INC. IN ASSOCIA WITH K U N A A9K OCIATES, INC. 71 Pods (ud►v) Judge R. J. Holmgreen Charles W. Croslin, Jr., AIA (Prbwtad waew and d&) (Pn%W NOW saws tVk) CAUTION: You should sign an original AIA document which has this caution printed In rod. ® An original assures that changes will not be obscured as may occur when documents are reproduced. MA 000L M 0141. OWMM AKHrrLCT eGaMaler • POlrarWM MXrM • ata• • 019W TM AMJrAN stlTrnrra OF ARCHffW a. 1755 taw roar •VWM M .W, wsatmtarai D.C. 2=6 8141-1087 10 L f f +s ' % r o I ADDENDUM A 1. The Texas Board of Archiooctural Examiners has jurisdiction over individuals licensed under the Architectural 13oensing Act. The Board's address and telephone number is 8213 Shoal Ckwk Blvd, Austin, Texas 78758; 512!458- 1363. 2. Approving Agency Foes: All fees applicable to and required of this project by approving authorities are the responsibility of the Owner. These fees include, but am not limited to: departmental review fees, inspection fees, zoning and annexation fees, assessment fees, fiscal requirements, title company charges, bond premiums and taxes. 3. Warranty: The Owner understands that the practice of architecture is not an exact science and that the architect accordingly cannot and does not warranty or guarantee, expressly or implicitly. any particular result from its services. The Owner further understands that the architect is rendering professional services under this Agreement and that the architect cannot and does not warrant or guarantee that those services will be rendered perfectly and without error. The architect warrants only the use of reasonable skill in the preparation of particular drawings and the designation of particular materials ` for the assignment covered by this Agreement. Accordingly, each of the obligations of this Agreement are and shall be construed as covenants of future performaom and not warranties or guarantees of any kind. The Owner further understands that because of the nature of the architect's services, any recommendations or advice that the architect makes or gives in connection with the work covered by this Amt is intended as a recommendation ' based on the exercise of professional judgement and is not intended as and will not be understood as a representation of any kind of character whatsoever . ' other than a statement of the architect's professional opinion. Y 4 1 { f , 1 r 4 4 i li ! { y~ p [per p - - + Ya.f - - '.ate=~- - - - - - - - J., . • - t .j .l • ate. ; NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGIIT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE ° BRYAN, TEXAS 77803 • • FROM: RE: Type Installation Road, Precinct Ferguson Burleson County Gas Gathering System Crossing:-2-Parallel Install -A- Relocatio P. 0. Box 10006 Road: Graham Rd. College Station, Texas 77842-0006 Precinct No.: _L (Gary Norton Commis.) Formal notice Is hereby given that (Applicant) Ferguson-Burleson County Gas Gathering System proposes to place a (type) 41h' O.D..156 wt. X42 grade steel Pipeline pipeline within the right-of--way of (road) Graham Road _ in Brazos County, Texas as followS: As per Brazos County reryea, relocate existing 4' pipeline along Graham Rd. to S' inside of expanded County Right-of-Way along the North side of Graham Rd. Pipeline to be built with new steel 4W O.D..156 Yvt., X42 grade pipejexisting line to he abandoned in place The location or di-Ncripliun of the proposed Installation b more fully shown by three copies of the drawings attached to this notice. i t • K l t t i I k 1. The County Engineer must be notified prior to the beginning of construction in order that they might by on hand to designate the actual location of the installation. 2. That all damage to the roadways and rights-of-way will he repaired to their original condition to the satisfaction of the County Engineer. 3. That BRAZOS COUNTY reserves the right to require Applicant to relocate or lower any such line at no cost to BRAZOS COUNTY, should same be:ome necessary due to widening or lowering. or other alteration of the roadway or right-of-way. 4. That BRAZOS COUNTY is in no way responsible for any damage that might occur to any existing utility lines in the right-of-way. S. That the line will be constructed and maintained on the county right- of-way in accordance with governing laws. 6. That the line or lines will be constructed no less than forty-eight inches (48-) lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. That all roads be bored to forty feet (40') on either side of the centerline of the right- of- way or cased for such distance. 8. That all sites will be barricaded during construction period. 9. That the normal charge is S500 per crossing and/or $40 per rod when paralleling the roadway established by the Commissioners' Court on January 28. 198S. 10. Ditch line shall he compacted to 90% standard density ASTM-Test method No. D-698; test shall be conducted by an independent Ge lfthnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. it. Construction shall be strict conformance to the latest Texas Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. Construction of this line will begin on or after (date) Aug. 08. 1994. APPROVED BY COMMISSIONERS' COURT ON:/ B~ICJ QN T~ Date Brazos County Judge Bmzos County, Texas APPLICANT: Ferguson Burleson Co. Gas Gathering yt. Name/Title Company Representative (409) 690-0313 Telephone Number • JAN 29 '93 1i=10AI1 SOUTH6ESM;H OAS PL 8173258151 P.2 • IR013T STEVENSON a PLAN SCALEs 10-30' AR-54 p N N N M N 1 ~ s o ~ a M M ill ~ ~ o 1.1 W 9 ~ .0 ~7 ~ a 0 + o o% I o+ m oa ► o O • N • O • O • ~O • O • If1 i O ch r c4 r-4 r- in co 10 I 40 , cc co ~ IV ~ i 105 100 95 90 /"V<K* 1sN L 6•MIN. VMW. 105 100 :a~il~w tir, i~s•~ 95 OPMAM LAU 39000 90 NOTE= BORE NoLE WILL BE NO GREATER THAN 2" LARGER THAN BI" &MrlLE CASING DIAMMR. 8CRA RR ROAD PROFILE SCALES BORIS. V-301 VERT. 1•-10' DRAWN B?s BAMUM RDM DATEs JAN. 25p 1993 _ _ _ • _ Aft. .L • i I JAN 29 1 93 11:1141 SOUTH.ESTM GP S PL 8173239151 p. 3 4 + .i w ROST STEVENSON 1 i , NORTH C&UNU M ROAD 1 VALVE #10 FIRRVALVH HYD 59 DEEP BURIED TELEP w" HONB • 01 t PLAN SCALE: 1'= L 40' N N y ~ 04 a a i 64 o ° p Q o a a o v, p ' o c o a O ° o a ~ • ~M LrI C •-I py O 4 O O V' CCC777 a rd ~•1 • i m r4 (4,4 in r) • O • Qt • O • O • 4 • 0; • !'N in 44 #-1 oi r- in w ♦ N 94 N l 0-1 I N a d 00 i N N N N N I I C.S. H O LIMB 440DEEP -I.C.S. UTILITY SRRVICR CENTER MON. i PL WRR BED CITY OF COLLHG8 STATION AB.- 54 Tn N N N 0F4 1A • N N i O V' 01 • to- I • lion • Nib N F. 105 1b5 . veNr~ •rvEKr 1100 y-, 100 95 pow. MUD ~OOOUNS ~ paw/ 90 rmw. 90 i t NOrt'6t BORfi Nbt~ WILL, Ba~. , PROFILE NO GREATER TNAN 21` LAR&CR THAN CASING SCALE s HORI B 10-401 OIArAeW9. VERT. 11-10' PLAN i PROPILH 4 COLLEGE STATION UTILITY SBRVICH CENTER ROAD x r DRAWN BYt BARNETT RMGR. DATEs JAN. 25, 1993 NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that Wickson Creek Special Utility District (Applicant), proposes to place a water line within the right-of-way of Marcy Lane/Linda Lane (name of road) in Brazos County, Texas as follows: The location or description'of the proposed installation is more fully shown by __3._ copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he or his designated inspector may inspect the actual installation. 2. That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazo's County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintained on the County right- of-way in accordance with governing laws. 6. That the line or lines will be constructed no less than twenty-four , inches (24°) lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. That all sites will be barricaded during the construction period. Construction of this line will begin on or after the i 5th day of August ..19 94. Firm: Wickson Creek Special Utility District By: Kent Watson ; K~1'( i 4 6 k Title: General Manager Address: P.O. Box 4756 Bryan, TX 77805-4756 Phone: 409/589-3030 APPROVED BY COMMISSIONERS' COURT Date: ljnTe0 .J a3, gY /c3 : ROWCRSG D $ LIZ- y. r A Ir" F1 I P99 Rr74~1 /~•'i ~ .I 0 0 0 r• - . I C W ti 36 ~o WORK OUTSIDE COUNTY RIGHTS-OF-WAYS FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS Name Address or Phone ( Location of Work to be Done I Description of Wodc to be Done Signed NOLAN, 1 5392 Stousland Road Southeast comer of property Pemrssion to detour traffic through 107/29/94 Ernest A. College Station, TX comer of pasture while culverts are i 77845 being installed under Stousland Road. I , Any damage incurred will be corrected { by the County. PIERSON. 1 4761 Schehin Road Vacant lot next to 4761 Permssion to enter pnvate property '08/02194 Charles College Station, TX Schehm Road for the purpose of removing trees 77845 from Schehm Road nght-of-way for the health, safety, and welfare of the general public. i 1 ( f t 1 j Pt W , Date 7- 2 9 - 9 4- Wan.r wroo. Pndncl 2 R&ndp Sm. BRAZOS COUNTY Pwxa 3 PRIVATE PROPERTY ACCESS Mkonhnw PERMISSION FORM Pndncl 4 1. LANDOWNER AND ADDRESS E, f A u / OUF RJ.Hdnwom covniy .A490 any Norton i f s (Owner will be notified prior to maintenance) Richard F. Vance, P.E. C.E. (Ed) Iverson County Engineer 'A Engineering Aide OWNER'S SIGNATURE G( rca~c..i~ DATE 7 2 ALA •1 , ~L....ic...a..w.x..a.wyYb V_~~ - - - :a~..~~a"'_`w'.~ a..i4~.7► >_i` •SY.~ti , idyl 3+r~.iL[r•- .-_y.~~ III. DESCRIPTION OF WORK TO BE DONE Joe,. _ E..&!!.L fA,,.-,a t L a .,a 1 •i a. Ad 11 14A ca e o .-*I - sa92 s~...,/.A1 2.,,.1 Co/ SI,y rx II. LOCATION OF WORK S. ,.,A e, sF e Jc e„se . s , IV. MAINTENANCE YES NO ✓ IF YES, ESTIMATED FREOUENCY OF MAINTENANCE ■ 441 • ti V • Date -a BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM 1. LANDOWNER AND ADDRESS eyy/yo, ! II. LOCATION OF WORK ~c1jC~+-. Q~►.Q ~.,N,/ le .p .cL- r -j -Aa III. DESCRIPTION OF WORK TO BE DONE 'l~•-~ -Anc z -~I A IV. MAINTENANCE YES NO IF YES, ESTIMATED FREQUENCY OF MAINTENANCE • , (Owner will be notified prior to maintenance) Richard F. Vance. P.E. C.E. (Ed) Iverson County Engineer Engineering Aide OWNER'S SIGNATURE DATE 1