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BRAZOS COUNTY
BRYAN, TEXAS
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AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JUNE 3, 1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
i BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE I15, BRYAN,
TEXAS.
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I. Invocation - Commissioner Thornton.
2. Pledge of Allegiance - Commissioner Thornton.
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county-related issues not scheduled on the agenda. Please
limit subject matters to five minutes. The Commissioners will receive the information,
conduct research into the matter, and/or place the matter on a future agenda for
discussion. (A recording is made of the meeting; therefore, please give your name and
address.)
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Consider and take action on agenda items 4 -23:
4. Budget Amendment 96/97-28.
S. Personnel Change of Status.
i 6. Payment of Claims.
7.
Approval of County Payroll.
8.
Introduction and acceptance of the applicant for the County Extension Agent - 4H
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position.
9.
Change Order No. 14 from Chappell Hill Construction Company for the Juvenile Justice
Center construction project.
10.
Professional Services Agreement between Brazos County and Texas Energy Engineering
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Services, Inc.
11.
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Flood Plain Permit Guidelines.
12.
Renewal of County liability insurance..
13.
Requisition from Capital Projects for the following:
a. Microtest Discport Pro for Electronic Law Library.
b. 12 port hub and 2 monitors for Electronic Law Library.
e. 2 Compac Deskpros for Electronic Law Library.
d. 2 fuel tanks and 2 pumps for Road & Bridge.
e. Furniture for Juvenile Justice Center.
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Commissioners Court Meeting Agenda
June 3, 1997
Page Two
14. Blanket Purchase Orders.
15. Approval to advertise for Annual Contract for Oil and Filter Changes.
16. Proposal and Requisition for Daily Inspection of Brazos County Juvenile Justice Center.
17. Contract and Requisition for fiber optic cable materials and labor to install from Minimum
Security Jail to Juvenile Justice Center.
18. Acceptance of Warranty Deed from E. L. Payne on the expansion and improvements to
Elmo Weedon Road located in Precinct 3.
19. Acceptance of Warranty Deed from Billy Carlton Jolly, Jr. on the expansion and
improvements to Elmo Weedon Road located in Precinct 3.
20. Permission for Road & Bridge to enter Pat Holland's properties located off Locke Road
and Edge School House Road for the purpose of removing hay bales to be used for road
right-of-way erosion control. Sites are located in Precinct 2.
21. Permission for Road & Bridge to enter Patricia McCain's property located off Jim Mathis
Road for the purpose of stockpiling road construction material for Kurten Cemetery Road
project. Site is located in Precinct 2.
22. Request from Wickson Creek Special Utility District to place a road bore in the right-of-
way of Cole Lane for a water line installation. Site is located in Precinct 3.
23. Permission for Road & Bridge to enter Ralph J. Beauvais property located off Mancuso
Road for the purpose of disposing of dead livestock for the health, safety and welfare of
the general public. Site is located in Precinct 2.
24. Call for citizen input and/or concerns.
25. Announcement of interest items and possible future agenda topics.
26. Adjourn.
The Courthouse 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.
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COMMISSIONERS' COURT
REGULAR MEETING
JUNE 3, 1997
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A regular 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
p.m. on Tuesday, June 3, 1997, with the following members of
the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2, Absent;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
The Rev. G. H. Jones gave the invocation. The County
Judge led the pledge of allegiance.
There was no citizen input and/or concerns.
There was no Budget Amendment.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Swim, Brenda County Attorney Resignation
Sullivan, Amanda County Attorney Comp Training
Dowling, Sondra C County Attorney Trans
Jadlowski, Melissa County Attorney Trans w/i dept
Markowski, Jaime L District Clerk Resignation
Ramirez, Maria Juvenile Services Resignation
Babic, Robert H Jr SO/Jail New Employee
on motion by Commissioner Sims,seconded by Commissioner
Cauley, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
97-007007 through 97-007231
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
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Commissioners Court meeting June 3, 1997
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the County
payroll in the amount of $548,500.00 for the June 5, 1997
payroll.
The next matter before the Court was the Introduction and
acceptance of the applicant for the County Extension Agent-4H
position. Brazos County Extension Agent Dr. Jim Mazurkiewitz
introduced Eric Zimmerman and recommended his appointment. On
motion by the County Judge, seconded by Commissioner Sims, the
Court voted unanimously to accept the recommendation of the
County Extension Agent and approve the appointment of Eric
Zimmerman for the County Extension Agent-4H.
The Court next considered Change Order No. 14 for the
Juvenile Justice Center Construction Contract. The Change
Order would make the following changes:
Proposal Request No. 23 would delete the
prefabricated floor in the walk in cooler and add
the kitchen standard floor at area under walk in
cooler.
Deduct the unused portions of allowances in which
work is completed:
Reinforcing Steel 3,400.00)
Structural Steel 5,982.00)
Ice for Concrete 2,970.00)
TOTAL DEDUCTION ($11,984.28)
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve Change Order
No. 14 for the Juvenile Justice Center Construction Contract.
The Architect fees will be adjusted accordingly. A copy of
the Change order is attached hereto.
The Court next considered a Professional Services
Agreement between Brazos County and Texas Energy Engineering
Services, Inc.. This is to improve heating ventilating and
air conditioning (HVAC) systems, install building automation
and comfort control systems, and upgrade lighting systems all
under the guidelines of the U.S. Department of Energy Rebuild
America Program. Commissioner Sims asked if this agreement
had a maximum dollar amount. On motion by Commissioner
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VOL-.V YAGE,
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Commissioners Court meeting June 3, 1997
Cauley, seconded by Commissioner Jones, the Court voted
unanimously to enter into Agreement with Texas Energy
Engineering Services, Inc. to improve heating ventilating and
r air conditioning (HVAC) systems, install building automation
' and comfort control systems, and upgrade lighting systems. A
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copy of the Agreement is attached hereto.
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The next matter for consideration was approval of the
Flood Plain Permit Guidelines. These guidelines are in
compliance with Texas Water Code §16.311, which gives the
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County Commissioners Court very broad authority to promulgate
reasonable regulations to control flooding and damage that
results from it. On motion by Commissioner Sims, seconded by
Commissioner Jones, the Court voted unanimously to adopt the
Flood Plain Permit Guidelines. A copy is attached hereto.
The next matter for consideration was renewal of the
County liability insurance. In a memo to the Court, Risk
Manager, Bill Jeanes, recommended renewing the current
policies. The Commissioners questioned the Property & Inland
Marine Policy recommendation in which Mr. Jeanes recommended
increasing the deductible from $500.00 to $2,500.00 which
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would result in a premium reduction savings of $2,962.00. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to renew the current policies with
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the exception of the Property & Inland Marine Policy which
will be tabled for further consideration.
{ The Court next considered approval of the following
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requisitions from Capital Expenditures: II
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b a) Microtest Discport Pro for Electronic Law
Library $767.00
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b) 12 Port Hub and 2 monitors for Electronic
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Law Library $929.00
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c) 2 Compac Deskpros for Electronic Law
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Library $2,094.00
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d) 2 Fuel Tanks and 2 Pumps for Road &
Bridge $1,129.50
e) Furniture for Juvenile Justice Center
$2.086.00
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Commissioners Court meeting June 3, 1997
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from Capital Expenditures for the
purchase of the previously named items.
The Court proceeded to consider the following blanket
Purchase Orders:
Video Systems Plus BVNZTF
Americlean Sys SO/Jail
$1,000
$3,500
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase orders as submitted.
The next matter for consideration was approval for the
Purchasing Agent to advertise for bids for the annual contract
for oil and filter changes. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
authorize the Purchasing Agent to advertise for bids for
annual contract for oil and filter changes. Commissioner
Jones asked that Walmart be added to the bidders list.
The Court next considered a proposal and requisition for
daily inspection of the Brazos County Juvenile Justice Center.
Mr. James Hill stated in his proposal that in his original
calculation, he under estimated the hours required to complete
the job. His original estimate runs out on this date and it
is still nine weeks until the projected completion date of
August 1, which could run to October 1. He then submitted the
following estimate:
June - Approximately 3/4 time
120
hr x
25
= 3,000
July
138
hr x
25
= 3,450
August - if needed
126
hr x
25
= 3,150
September - if needed
126
hr x
25
= 3,150
i TOTAL 312,750
On motion by Commissioner Jones, seconded by Commissioner
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Cauley, the Court voted unanimously to approve the new
requisition for a purchase order for $5,700.00 to have Mr.
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S Hill inspect the Brazos County Juvenile Justice Center from
June 4, 1997 through September 2, if necessary. He is to keep
a daily log and update the Court regularly.
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Commissioners Court meeting June 3, 1997
The next matter for consideration was a Contract and
Requisition for fiber optic cable materials and labor to be
installed from the Minimum Security Jail to the Juvenile
Justice Center. In the contract submitted by Carroll Systems,
Inc., they propose to provide all labor and materials
necessary to install fiber optic cable between the Minimum
Security Jail to the Juvenile Justice Center. Total cost of
the project is $15,985.00. There was some concern that the
lines would run under the driveway, but the Commissioners were
assured that was not the case. On motion by Commissioner
Cauley, seconded by Commissioner Jones, the Court voted
unanimously to approve the contract submitted by Carroll
Systems, Inc. and authorized the payment of the requisition
for $15,985.00 subject to the contractor supplying all
required insurance. A copy of the contract is attached
hereto.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Elmo Weedon Road in Precinct 3. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the County Judge to
accept on behalf of Brazos County a Warranty Deed from Dr. E.
L. Payne for the expansion and improvements to Elmo Weedon
Road.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Elmo Weedon Road in Precinct 3. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the County Judge to
accept on behalf of Brazos County a Warranty Deed from Billy
Carlton Jolly, Jr. for the expansion and improvements to Elmo
Weedon Road.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Pat Holland on
Locke Road in Precinct 2 to remove hay bales that will be used
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Commissioners Court meeting June 3, 1997
for road right-of-way erosion control. On motion by the
County Judge, seconded by Commissioner Sims, the Court voted
unanimously to authorize the work.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Patricia McCain on
Jim Mathis Road in Precinct 2 to stockpile road construction
material (grade 4 rock) for the Kurten Cemetery Road project.
On motion by the County Judge, seconded by Commissioner Sims,
the Court voted unanimously to authorize the work.
The Court next considered the request from Wickson Creek
Special Utility District to place a rod bore in the right-of-
way of Cole Lane for a water line installation. The site is
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 Cauley, the
Court voted unanimously to approve the request from Wickson
Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge De?partment requested
permission to enter the private property of Ralph J. Beauvais
on Mancuso Road in Precinct 2 to dispose of dead livestock.
On motion by the County Judge, seconded by Commissioner Sims,
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the Court voted unanimously to authorize the work.
There was no citizen input and/or concerns.
The County Judge made the following comments:
1) There will be a workshop session at
10:00 a.m. today.
2) He looked at the jail report and the
state held inmate number is increasing.
He asked for assistance in getting them
moved to state facilities.
3) TxDot will hold a meeting at the
Brazos Center on June 11, 1997 beginning
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Commissioners Court meeting June 3, 1997
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at 7:00 p.m.. The topic will be speed
limits on FM roads.
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4) The Texas Transportation Commission
will hold a hearing on June 26, 1997 in
Austin. Brazos County representatives
will give a 20 minute presentation asking
the commission to consider funding for an
infrastructure upgrade for our county.
S) There will be no commissioners Court
meeting on June 24, 1997. The Commis-
sioners will be in Corpus Christi for a
conference.
6) He announced that he will not be at
the Commissioners Court meeting on June
10, 1997.
The Commissioner Sims made the following comment:
1) The BVDC will make application
through the Economic Development
Corporation concerning a new solid waste
site.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held June 3, 1997 have been examined and are approved in open
Court this the day of , 19 2 in
Bryan, Brazos County, Texas.
Alvi W. ones
County Judge
. S. Thorn on
Commissioner, Precinct 2
rey uley, Jr.
Commis over, Pre in VA
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Ton Jo s
Commissioner, Precinct 1
ZZLZ~/-'
Randy ' s
Commi sioner, Precinct 3
Mary A n Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS' MEETING ON TUESDAY, JUNE 3, 14111 AT 9:()n A.
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BRAZOS COUNTY COMMISSIONERS' MEETING ON TUESDAY.. JUNE 3. 1997 AT 9:00 A.
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CHANGE
ORDER OWNER
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ARCHITECT
CONTRACTOR
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FIELD
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OTHER
PROJECT: Brazos County Juvenile Justice Center
CHANGE ORDER NUMBER: 14
(n-w address) Bryan. Texas
DATE: May 19.1997
CONTRACTOR: Chappell Hill Constriction
ARCHITECT'S PROJECT NO: 94010
(nrrra, ad*-) PO Box 602
Brenham. Texas 77834-0602
CONTRACT DATE: March 27, 1996
CONTRACT FOR General Construction
The Contract is changed as follows:
Per Proposal Request No. 23, deletion of pre-fabricated floor in the walk-in cooler. DEDUCT $ 7.28
Add the kitchen standard floor (fluid applied epoxy flooring) at area under walk-in cooler ADD $ 375.00
SUBTOTAL $ 367.72
Unused portions of allowances in which work is completed:
Reinforcing Steel
DEDUCT $ 3.400.00
Structural Steel
DEDUCT $ 5,982.00
Ice for Concrete
DEDUCT $ 2,970.00
SUBTOTAL 12,352.00)
TOTAL DEDUCT 11,984.28)
Not valid until signed by the Owner, Architect and Contractor.
The original Contract Sum was $ 5,453.618.00
Net change by previously authorized Change Orders
$ -51,216.84
The Contract Sum prior to this Change Order was
$ 5.402.401.16
The Contract Sum will be (,creased) (decreased) (a. rchanged) by this Change Order in the amount of $ -11,984.28
The new Contract Sum including this Change Order will be
$ 5.390.416.88
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The Contract Time will be (tna+eased) Idea eased) (unchanged) by zero ( -u- ) cays•
The date of Substantial Completion as of the date of this Change Order therefore is July 7, 1997.
NOTE: This wrrvnvy does not reflect d wnM in the Contract Sun. Contract Time or Guaranteed Ma*nun Price whirl, have been authorized by Corntrucbw
ChvV Croslin and Associates. Inc. Chaaaell Hill Construction Brazos County Commissioners Court
ARCHITECT CONTRACTOR OWNER
1114 lost Creek Blvd, Suite 430 PO Box 602 300 East 26th Street
Address Address Address
Austin. Texas 78746 Brenham. Texas 77834-0602 Bran. Term 77803
L BY GAL/ BY
BY
date S • 1 • 1 date s/Z ZZ /1 date G - 3 - V'7
~f WY 16 '97 04t32PM C•HAPPEL.L HILL CONST. P. 1e3 ~
CHAPPELL HILL CONSTRUCTION COMPANY
P. O. Bos 602
BRENHAK TEXAS 77834-0602
FAX (409) 8301363
(409) 886-7823
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TRANSMITTAL LETTER # 225 '
Date: Mar 16, 1991
Ta R. Miller, AIA
CROSLIN AND ASSOCIATES,, INC.
1114 Lost Creek Blvd., Suite 430
Austin. Texas 78746
BRAZOS COUNTY JUVENILE JUSTICE M=-- WM,_M=,
PRO= N0. 94010 Cf)CC JOB # 178
We aanstnlt haewith for your • Infdrmadon: x
Approval:
E11es:
coact Lion:
Retum:
Regarding Your Provosal Request No. 23 to delete the flrefabricated
floor in the talk-in cooler. Kesco Strooly CamoanY is able to offer a
credit of $7.28 ner attached quote becatise the Norla_tr_o fa o is a rneIDE
the f oorless cooler at current flrlegs= The art nal cooler vit•h the__
=fahrica_ted floor was quptAd using 1995 nri rg-g _ At the jnhai tfs ; no
you said that the fluid applied epoxy flooring was required in the _
walk-in cooler. Enclosed is Derby's quote for $375.00. In conclusion
the net add is $367.72.
- Sincerely,
CHAPPELL HILL CONSTRUCTION
Enclosed enn Wehring
Project Manager ~ j
VOL.L.PAGE /J ~~-~v.~....r..... ~."i~ _ :.tom:. _.~............~s.U.....~..~..,.. ':~+:.i...:3.•.r~w1...
P.2/3
v~• h1 . 16•''97" 04: -3b AA0E1L HILL CWST. '
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KESCO SUPPLY INC. -
Te"h» (4M TIW&73
Fm (4%&M- oa
1A18 TEXAS AVE &OUTH
P.O. BOX 3M2
BRYAN, TUAS 71po6
MAY 6, 1997 '
CHAPPELL HILL CONSTRUCTION
BRDMK TEXAS
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ATTN: GLEN
REF: BRAZOS COUNTY JUVENILE
WA-IN COOLER TFLAT WAS CHANGED DT1F TO ..TT.iNr
MnUl M IN K UCHFN_ PROPOCAL• FQTIEgT *23,
IN RECEIVING THE REDUCTION IN PRICE FOR DELETION OF THE
FLOOR, THE NORLAKE FACTORY HAS ADVISED ME THAT THE NEW
PRICE OF THE COOLER HAS INCREASED SINCE THE ORIGINAL
COOLER WAS QUOTED IN 1995 AND THEY WOULD HAVE TO I
US FOR THE NEW COOLER SINCE THE ONE WE HAD ON ORDER WAS
FLOORED.
PRICE ON KLBC77882-CR S 3395.20
(OLD COOLER WITH FLOOR. 1995 PRICE)
PRICE OF NEW KLB74982-CL S-137212
NEW COOLER W/0 FLOOR-1997 S 23.08
LESS DEDUCT FOR EXT. RAMP S 94 20
TOTAL FOR ABOVE S 117.28
MODMCATION OF COMP. COVER SO SAME CAN BE REMOVED
SIDEWAYS DUE TO LOW CEILING. S 110.00
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'MAY 16 97 aw33PM CF $ft-L HILL CONST. '••=G' P.3/3
LL~►:FRBY
CONSTRUCTION
1•• I r i•~• +17 •
COMPANY
1501 FM 28 8.511.4. r0
College Sbtion. Tixa•t 77840
(409) 696.05"
May 16, 1997 Fax (409) 691-1886
Chappell Hill Construction
P.O. Box 602
Brenham, TX 77834-0602
Attn: Glen
Re: Information requested.
Doer Glen:
As per your fax dated. May 5, 1997 the price for the 8x8 walk-in cooler epoxy
flooring at Brazos Valley Detention Center is: 3 375.00.
It you have any questions about any of the above please call me.
Respectfully yours,
John L. Derby,
General Manager
paae'em..dwahapo"
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CHAPPELL HALL CONSTRUCTION COMPANY
P. o. BOX sot
BRENHAM, TEXAS 77834-0602
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February 4, 1997
Mr. Larry R. Miller, AIA
CROSLIN AND ASSOCIATES, INC.
1114 Lost Creek Blvd., Suite 430
Austin, Texas 78746
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RE: BRAZOS COUNTY JUVENILE JUSTICE CENTER - BRYAN, TEXAS
PROJECT NO. 94010 CHCC JOB M 178
Dear Larry,
I have listed each allowance item and a brief status
of each item. The Item No. corresponds with the number
used in our pay request form.
ITEM NO. 3
DESCRIPTION OF ITEM s Testing
AMOUNT OF ALLOWANCE s $ 15,000.00
AMOUNT EXPENDED TO 1/23/97 : $ 13,059.00
ALLOWANCE AVAILABLE s f 1,941.00
ITEM COMPLETE s No
ITEM NO. 7
DESCRIPTION OF ITEM s Irrigation and Landscape
AMOUNT OF ALLOWANCE s $ 65,000.00
AMOUNT EXPENDED TO 1/23/97 s 0
ALLOWANCE AVAILABLE s 0 (Deleted by Change Order)
ITEM COMPLETE s N/A
ITEM NO. 11
DESCRIPTION OF ITEM s Reinforcing Steel
AMOUNT OF ALLOWANCE s $ 3,400.00
AMOUNT EXPENDED TO 1/23/97 : 0
ALLOWANCE AVAILABLE s $ 3,400.00
ITEM COMPLETE s Yes
ITEM NO. 19
DESCRIPTION OF ITEM s Structural Steel
AMOUNT OF ALLOWANCE s $ 7,600.00
AMOUNT EXPENDED TO 1/23/97 s $ 1,708.00
ALLOWANCE AVAILABLE s 6 5,892.00
ITEM COMPLETE s Yes
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TRANSMITTAL LETTER N 179
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CHAPPELL HILL CONSTRUCTION COMPANY
P. O. BOX 602
BRENHAM. TEXAS 77834-0602
PAGE 2
ITEM NO. 22
DESCRIPTION OF ITEM s Custom Millwork
AMOUNT OF ALLOWANCE : $ 55,000.00
AMOUNT EXPENDED TO 1/23/97 : 0
AMOUNT OBLIGATED BY P.O. : s 38,750.00
ALLOWANCE AVAILABLE : 416,250.00
ITEM COMPLETE : No
ITEM NO. 32
DESCRIPTION OF ITEM Hardware
AMOUNT OF ALLOWANCE E 65,000.00
AMOUNT EXPENDED TO 1/23/97 : 0
AMOUNT OBLIGATED BY P.O. : $ 45,200.00
GoR1CL`Gfito~
AMOUNT ADDED FOR EXTRAS $ 1,309.00
ALLOWANCE AVAILABLE- s t8;-49tre0 006.eO• PAR CzLENN
ITEM COMPLETE : No
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ITEM NO. 42
DESCRIPTION OF ITEM : Signage
AMOUNT OF ALLOWANCE : $ 14,000.00
AMOUNT EXPENDED TO 1/23/97 : 0
AMOUNT OBLIGATED BY P.O. : 0
ALLOWANCE AVAILABLE : Not Known
ITEM COMPLETE : No
ITEM NO. 58
DESCRIPTION OF ITEM : Ice for Concrete
AMOUNT OF ALLOWANCE : s 7,500.00
AMOUNT EXPENDED TO 1/23/97 : s 4,530.00
ALLOWANCE AVAILABLE : $ 2,970.00
ITEM COMPLETE : Yes
Please call if you have any questions.
Sincerely,
CHAPPELL HILL CONSTRUCTION COMPANY
Glenn Wehring
Project Manager
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
BRAZOS COUNTY
AND
j TEXAS ENERGY ENGINEERING SERVICES, INC.
THIS IS AN AGREEMENT made as of June 15, 1997 between BRAZOS COUNTY (OWNER) and TEXAS
i
ENERGY ENGINEERING SERVICES, INC. (ENGINEER). OWNER Intends To Improve Heating Ventilating
And Air Conditioning (HVAC) Systems, Install Building Automation And Comfort Control Systems, And
Upgrade Lighting Systems Under The Guidelines of The U.S. Department of_Energv Rebuild America
Program (Hereinafter Called The Proiect)
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the
performance of professional engineenng services by ENGINEER and the payment for those services by
OWNER as set forth below.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 General
1.1.1. ENGINEER shall provide OWNER professional services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include serving as OWNER's professional
engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil, structural, mechanical, plumbing and electncal engineenng services and customary
architectural services incidental thereto.
1.1.2. The services to be performed by the ENGINEER under this Agreement are intended solely for the
benefit of the OWNER. Nothing contained herein shall confer any rights upon on the part of the ENGINEER
toward any person or persons not a parry to this Agreement including, but not limited to any Contractor,
Subcontractor, Supplier, or the agents, officers, employees, insurers, or sureties of any of them.
1.2 Study and Report Phase
After written authorization to proceed. ENGINEER shall:
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12.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
122. Advise with OWNER as to the necessity of OWNER's providing or obtaining from others data or
services of the types described in paragraph 3.3, and assist OWNER in obtaining such data and services.
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12.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the
design of the Project and participate in consultations with such authorities.
1.2.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparable studies
of prospective sites and solutions.
1.2.5. Provide a general economic analysis of OWNER's requirements applicable to various aftematives.
1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and alternative solutions available to OWNER and
setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's
opinion of probable costs of the Project, including the following which will be separately itemized: Construction
Cost, allowance for engineering costs and contingencies, and (on the basis of information fumished by
OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of
land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and
for other services to be provided by other for OWNER pursuant to paragraphs 3.7 through 3.11. inclusive.
The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs."
1.2.7. Fumish copies of the Study and Report documents and review them in person with OWNER.
The duties and responsibilities of ENGINEER during the Study and Report Phase are amended and
supplemented as indicated in paragraph 2 of Exhibit A "Further Description of Basic Engineering Services and
Related Matters."
1.3. Preliminary Design Phase
After written authorization to proceed with the Preliminary Design Phase, ENGINEER shall:
1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documentation,
determine the general scope, extent and character of the Project.
1.3.2. Prepare Preliminary Design documents consisting of design criteria, preliminary drawings, outline
specifications and written descriptions of the Project.
1.3.3. Advise OWNER if additional data or services of the types described in paragraph 3.4 are necessary
and assist OWNER in obtaining such data and services.
1.3.4. Based on the information contained in the preliminary design documents, submit a revised opinion
of probable Total Project Costs.
1.3.5. Fumish copies of the above Preliminary Design documents and present and review them in person
with OWNER.
The duties and responsibilities of ENGINEER during the Preliminary Design Phase are amended and
supplemented as indicated in paragraph 3 of Exhibit A "Further Description of Basic Engineering Services and
Related Matters."
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1.4. Final Design Phase
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable
Total Project Costs, prepare for incorporation in the Contract Documents, final drawings to show the general
scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called
"Drawings"and Specifications.
1.4.2. Provide technical criteria, written descriptions and design data for use in filing applications for
permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design
of the Project, and assist OWNER in consultations with appropnate authorities.
1.4.3. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design requirements of the Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
1.44. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract
agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms,
invitations to bid and instructions to bidders (all of which shall be consistent with the forms and pertinent guide
sheets prepared by the Engineers Joint Contract Documents Committee), and assist in the preparation of other
related documents.
1.4.5. Furnish copies of the above documents and of the Drawings and Specifications and present and
review them in person with OWNER.
The duties and responsibilities of ENGINEER during the Final Design Phase are amended and supplemented
as indicated in paragraph 4 of Exhibit A "Further Description of Basic Engineering Services and Related
Matters'
1.5. Bidding or Negotiating Phase
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
1.5.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate
prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents have been issued.
1.52. Issue addenda as appropriate to interpret, clanty or expand the Bidding Documents.
1.5.3. Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for those portions
of the work as to which such acceptability is required by the Bidding Documents; provided, however, that
ENGINEER does not hereby assume responsibility for the acts or omissions of such subcontractors, suppliers,
or other persons and organizations.
1.5.4. Consult with OWNER concerning and determine the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the
Bidding Documents.
I.S.S. Conduct the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or
proposals and In assembling and awarding contracts for construction, materials, equipment and services.
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1.6. Construction Phase
During the Construction Phase:
1.6.1. General Administration of Construction Contract. ENGINEER shall consult with and advise
OWNER and act as OWNER's representative as provided In Articles 1 through 17, Inclusive, of the Standard
General Conditions of the Construction Contract, No. 1910-8 (1983 edition) of the Engineers Joint Contract
Documents Committee. The extent and limitations of the duties, responsibilities and authority of ENGINEER
as assigned in said Standard General Conditions shall not be modified, except to the extent provided in
paragraph 6 of Exhibit A "Further Description of Basic Engineering Services and Related Matters" and except
as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued
through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said
Standard General Conditions except as otherwise provided in writing.
1.6.2. Visits to Site and Observation of Construction. In connection with observations of the work of
Contractor(s) while it is in progress, ENGINEER shall make regular visits to the site at intervals
appropriate to the various stages of construction.
1.6.3. Defective Work. During such visits and on'the basis of such observations, ENGINEER may
disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not
produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the Project as reflected in the Contract Documents. The OWNER can stop
the contractor's work in progress if such work does not conform to the contract documents.
1.6.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations and clarifications
of the Contract Documents and in connection therewith, prepare work directive changes and change orders as
required.
1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect
of) Shop Drawings (as that term is defined in the aforesaid Standard general Conditions), samples and other
data which Contractor(s) are required to submit, by only for conformance with the design concept of the Project
and compliance with the information given in the Contract Documents. Such review and approvals or other
action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
1.6.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and
equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2.
1.6.7. Inspections and Tests. ENGINEER shall assist the OWNER to aecjire special inspection or testing
of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws,
rules, regu:ations, ordinances, codes, orders or the Contract Documents (but only to determine generally that
their content complies with the requirements of, and the results certified indicate compliance with, the Contract
Documents).
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1.6.8. Disputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the
requirements of the Contract Documents and judge of the acceptability of the work thereunder and make
decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the
interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the
work The ENGINEER's professional judgment shall work to ensure the proper dispute resolution and aid the
proper system installation and operational start ups.
1.6.9. Applications for Payment. Based on ENGINEER's on site observations as an experienced and
qualified design professional and on review of applications for payment and the accompanying data and
schedules:
1.6.9.1. ENGINEER shall determine the amounts owing to Contractor(s) and recommended
in wnting, payments to Contractor(s) in such amounts. Such recommendations of payment shall
constitute a representation to OWNER, based on such observations and review, that the work has
progressed to the point indicated, and that, to the best of ENGINEER's knowledge, information and
belief, the quality of such work is generally in accordance with the Contract Documents (subject to
an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the Contract Documents and to any other qualifications
stated in the recommendations). In the case of unit price work, ENGINEER's recommendations of
quantities and classifications of such work (subject to any subsequent adjustments allowed by the
Contract Documents).
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1.6.10. Contractor(s) Completion Documents. ENGINEER shall receive and review maintenance and
operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which
are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be
to determine that their content complies with the requirements of, and in the case of certificates of inspection,
tests and approvals, the results certified indicated compliance with, the Contract Documents); and shall
transmit them to OWNER with written comments.
1.6.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially
complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may
recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and the
Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such
recommendation and notice will be subject to the limitations expressed in Paragraph 1.6.9.2.
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1.692. By recommending any payment, ENGINEER will not thereby be deemed to have
represented that exhaustive examinations have been made by ENGINEER to check the quality or
quantity of Contractor(s) work as it is furnished and performed beyond the responsibilities
specifically assigned to ENGINEER in this Agreement and the Contract Documents. ENGINEER's
review of Contractor(s)' work for the purpose of recommending payments will not impose on
ENGINEER responsibility to supervise, direct or control such work or for the means, methods,
techniques, sequences or procedures of construction or safety precautions or programs incident
thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders
applicable to their furnishing and performing the work. It will also not impose responsibility on
ENGINEER to make any examination to ascertain how or for what purposes any Contractor has
used the moneys paid on account of the Contract Price, or to determine that title of any of the work,
materials or equipment has passed to OWNER free and clear of any liens, claims, security interests
or encumbrances, or that there may not be other matters between OWNER and CONTRACTOR
that might affect the amount that should be paid.
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1.6.12. Umitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or of any subcontractor of supplier, or any of the Contractor(s)' or subcontractors or supplier's
agents or employees or any other persons (except ENGINEER's own employees and agents) at the site or
otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in Paragraphs
1.6.1. through 1.6.11. Inclusive. shall be construed to release ENGINEER from liability for failure to property
perform duties and responsibilities assumed by ENGINEER in the Contract Documents.
1.7. Operational Phase
During the Operation Phase, ENGINEER shall, when requested by OWNER:
1.7.1. Provide assistance in the dosing of any financial or related transaction for the Project.
1.7.2. Provide assistance in connection with the refining and adjusting of any equipment or system.
1.7.3. Assist OWNER in training OWNER's staff to operate and maintain the project.
1.7.4. Assist OWNER in developing systems and procedures for control of the operation and maintenance
of and record keeping for the Project.
1.7.5. Prepare a set of reproducible record prints of Drawings showing those changes made during the
construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) to
ENGINEER and which ENGINEER considers significant.
1.7.6. In company with OWNER, visit the Project to observe any apparent defects in the completed
construction, assist OWNER in consultations and discussions with Contractor(s) concerning correction of such
t deficiencies, and to make recommendations as to replacement or correction of defective work.
j SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
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2.1. Services Requiring Authorization in Advance
If authorized in writing by OWNER, ENGINEER shall fumish or obtain from others, Additional Services of the
types listed in paragraphs 2.1.1. through 2.1.14., inclusive. These services are not included as part of Basic
Services except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering
Services and Related Matters;" these will be paid for by OWNER as indicated in SECTION 5.
2.1.1. Preparation of applications and supporting documents (n addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project; preparation or
review of environmental assessments and impact statements; review and evaluation of the effect on the
design requirement of the Project of any such statement and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project.
2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information fumished by OWNER.
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2.1.3. Services as approved by the OWNER resulting from significant changes in the general scope,
extent or character of the Project or its design including but not limited to, changes in size, complexity.
OWNER's schedule, character of construction or method of financing, and revising previously accepted
studies, reports, design documents or Contract Documents when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or order enacted subsequent to the preparation of such studies,
reports or documents, or are due to any other cause beyond ENGINEER's basic service responsibilities.
2.1.4. Providing rendering or models for OWNER's use.
2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not
executed or documents for out-of-sequence work. The ENGINEER shall repackage and re-bid a project at no
additional fees if the original bid exceeds the available project budget by more than 25%.
2.16. Investigations and studies involving but not limited to, detailed consideration of operations,
maintenance and overhead expenses, providing value engineering during the course of design; the
preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals;
evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed
quantity surveys of materials, equipment and labor, and audits or inventories required in connection with
construction performed by OWNER. If requested by the OWNER the ENGINEER shall at no additional fee
provide a statement of probable maintenance and operations costs for an MEP project system
2.1.7. Furnishing services of independent professional associates and consultants for other than Basic
Services (which include, but are not limited to, customary civil, structural, mechanical and electrical
engineering and customary architectural design incidental thereto), and providing data or services of the types
described in paragraph 3.4 when OWNER employees ENGINEER to provide such data or services in lieu of
furnishing the same in accordance with paragraph 3.4.
2.1 8. If ENGINEER's compensation is on the basis of a lump sum or percentage of Construction Costs or
cost-plus, a fixed fee method of payment, services resulting from the award of more separate prime contracts
for construction, materials or equipment for the Project than are contemplated by paragraph 5.1.1.2. If
ENGINEER's compensation is on the basis of a percentage of Construction Cost and ENGINEER has been
required to prepare Contract Documents on the assumption that more than one prime contract will be awarded
for construction, materials and equipment, but only one prime contract is awarded for construction, materials
and equipment for the Project, services attributable to the preparation of contract documentation that was
rendered unusable and any revisions or additions to contract documentation used that was necessitated by the
award of only one prime contract.
2.19. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's
office as required by SECTION 1.
2.1.10. Assistance in connection with bid protests, re-butting or re-negotiating contracts for construction,
materials, equipment or services, except when such assistance is required to complete services called for in
t paragraph 6.2.2.5.
2.1.11. Providing any type of property surveys or related engineering services needed for the transfer of
interests in real property and fields surveys for design purposes and engineering surveys and staking to enable
Contractor(s) to proceed with their work; and providing other special field surveys.
2.1.12. Preparation of operating, maintenance and staffing manuals to supplement Basic Services under
paragraph 1.7.3.
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2.1.13. Preparing to serve or serving as a consultant or witness for OWNER In litigation, arbitration or other
legal or administrative proceeding involving the Project (except for assistance in consultations which is
included In part of Basic Services under paragraphs 1.2.3. and 1.4.2.).
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2.1.14. Additional services in connection with the Project, Including services which are to be furnished by
OWNER in accordance with Article 3, and services not otherwise provided for in this agreement.
2.2. Required Additional Services
When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
fumish or obtain from others, as circumstances require during construction and without waiting for specific
authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1. through 2.2.6.,
inclusive (except to the extent otherwise provided in Exhibit A "Further Description of Basic Engineering
Services and Related Matters"). These services are not included as part of Basic Services. ENGINEER shall
advise OWNER before starting any such Additional Services which will be paid for by OWNER as indicated in
SECTION 5.
2.2.1. Services in connection with work directive changes and change orders to reflect changes requested
by OWNER if the resulting change in compensation for basic Services is not commensurate with additional
services rendered.
2.2.2. Service making revisions to Drawings and Specifications occasioned by the acceptance of
substitutions proposed by Contras or(s)
2.2.3. Services resulting from significant delays and changes in the scope of work.
2.2.4. Additional or extended services approved by the OWNER during construction made necessary by
(1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected
work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working
hours, and (4) default by any Contractor.
2.2.5. Services (other than Basic Services during the Operational Phase) in connection with any partial
utilization of any part of the Project by OWNER prior to Substantial Completion.
SECTION 3 - OWNER's RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER:
3.1. Designate in wnting a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authonty to transmit instructions, receive
information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the
Project.
3.2. Provide criteria and information as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and
project budget information, and fumish copies of all design and construction standards which OWNER will
require to be included in Drawings and Specifications.
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3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the
Project including previous reports and any other data relative to design or construction of the Project.
3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to the
extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related
Matters'), the following:
3.4.1. data prepared by or services of others, including without limitation borings, probing, and
subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials
and equipment;
3.4.2. appropriate professional interpretations of all of the foregoing;
3.4.3. environmental assessment and impact statements;
3.4.5. property descriptions;
3.4.6. zoning, deed and other land use restrictions: and,
3.4.7 all hazardous waste removal and disposal
3.4.8. other special data or consultations not covered in SECTION 2;
All of which ENGINEER may use and rely upon in performing service under this Agreement.
3.5. Provide engineering surveys to establish reference points for construction (except to the extent
provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters") to
enable Contractor(s) to proceed with the layout of the work.
3.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required to ENGINEER to provide services under this Agreement.
3.7. Examine all studies, reports, sketches, Drawings, Specifications, proposal and other documents
presented by ENGINEER, obtain advice of an attorney and other consultants as OWNER deems appropriate
for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to
delay the services of ENGINEER.
3.8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
39. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such
auditing services as OWNER may require to ascertain how or for what purposes any Contractor has used the
moneys paid under the construction contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code, or other applicable to
their furnishing and performing the work.
3.10. If OWNER designates a person to represent OWNER at the site who is not ENGINEER or
ENGINEER's agent or employee, the duties, responsibilities and limitation of authority of such other person
and the effect thereof on the duties and responsibilities of ENGINEER (and any assistants) will be set forth in
an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin.
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3.11. If more than one prime contract IS to be awarded for construction, materials, equipment and services
for the entire Project, designate a person or organization to have authority and responsibility for coordinating
the activities among the various prime contractors.
3.12. Fumish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be
provided by others for OWNER (such as services pursuant to paragraphs 3.7. through 3.11., inclusive and
other costs of the types referred to in paragraph 1.2.6.) so that ENGINEER may make the necessary findings
to support opinions of probable Total Project Costs.
3.13. Attend the pre-bid conference, bid opening, pre-construction conferences, regular construction
progress meetings and other job related meetings and substantial completion walk through and final payment
inspection.
3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of ENGINEER's services, or any defect or non-
conformance in the work of any Contractor.
3.15. Fumish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1. of this
Agreement or other services as required.
3.16. Bear all costs incident to compliance with the requirements of this SECTION 3.
SECTION 4 - PERIODS OF SERVICE
4.1. The provisions of this SECTION 4 and the various rates of compensation for ENGINEER's services
provided for elsewhere in this Agreement have been agreed to In anticipation of the orderly and continuous
progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render
services hereunder will extend for a period for which may reasonably be required for the design, award of
contracts, construction and initial operation of the Project including extra work and required extension thereto.
If in Exhibit A "Further Description of Basic Engineering Services and Related Matters" specific periods of time
for rendering services are set forth or specific dates by which services are to be completed are provided and if
such dates are exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation
provided herein shall be subject to equitable adjustment as approved by OWNER.
4.2. The services called for in the Study and Report Phase will be completed and the Report submitted
within the stipulated period indicated in paragraph 2 of Exhibit A "Further Description of Basic Engineering
Services and Related Matters" after written authorization to proceed with that phase of services which will be
given by OWNER within-30 days after ENGINEER has signed this agreement.
4.3. Upon written authorization from OWNER, ENGINEER shall proceed with the performance of the
services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a
revised opinion of probable Total Project Costs within the stipulated period indicated in paragraph 3 of Exhibit
A "Further Description of Basic Engineering Services and Related Matters.'
4.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of
probable Total Project Costs, indicating any specific modifications for changes in the general scope, extent or
character of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall
proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract
Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Project
within the stipulated period indicated in paragraph 5 Exhibit A "Further Description of Basic Engineering
Services and Related Matters."
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4.5. ENGINEER's services under the Preliminary Design Phase and Final Design Phase shall each be
considered completed at the earlier of (1) the dale when the submissions for that phase have been accepted
by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final
acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to approve the design of the Project.
4.6. After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Final Design
Phase documentation including the most recent opinion of probable Total Project Costs and upon written
authorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding
or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall be
considered complete upon commencement of the Construction Phase or upon cessation of negotiations with
prospective Contractor(s) (except as may otherwise be required to complete the service called for in
paragraph 6.2.2.5.)
4.7. The Construction Phase will commence with the execution of the first prime contract to be executed
for the work of the Project or any part thereof, and will terminate upon wntten recommendation by ENGINEER
of final payment on the last prime contract to be completed. Construction Phase services may be rendered at
different times in respect of separate prime contracts if the Project involves more than one prime contract.
4.8. The Operational Phase will commence during the Construction Phase and will terminate one year
after the date of Substantial Completion of the last prime contract for construction, materials and equipment on
which substantial completion is achieved.
4.9. If OWNER has requested or authorizes significant modifications or changes in the general scope,
extent or character of the Project, the time of performance of ENGINE'ER's services shall be adjusted
equitably.
4.10. If OWNER fads to give prompt written authorization to proceed with any phase of services after
completion of the immediately preceding phase, or if the Construction Phase has not commenced within 365
calendar days (plus such additional time as may be required to complete the services called for under
paragraph 6 2.2.5.) after completion of the Final Design Phase, ENGINEER may, after giving seven days'
wntten notice to OWNER, suspend services under this Agreement.
4.11. If ENGINEER's services for design or during construction of the Project are delayed or suspended in
whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER
shall on wntten notice to OWNER (but without termination of this Agreement) be paid as provided in paragraph
5.3.2 If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or
if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract
for construction, materials or equipment more than one year after Substantial Completion is achieved under
that contract, the various rates of compensation provided for elsewhere in this Agreement shall be subject to
equitable adjustment as approved by the OWNER
4.12. In the event that the work designed or specified by ENGINEER is to be furnished or performed
under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work
of one or more prime contractors (such as in the case of fast-tracking). OWNER and ENGINEER shall, prior to
commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services
during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate
property such services as are applicable to the work under such separate contracts. This schedule is to be
prepared whether or not the work under such contracts is to proceed concurrently and is to be included in
Exhibit A 'Further Description of Basic Engineering Services and Related Matters' and the provisions of
paragraphs 4.4 through 4.10 inclusive, will be modified accordingly.
• I Page 11 of 17
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SECTION 5 - PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services and Expenses to ENGINEER.
5.1.1. For Basic Services and Approved Additional Services. OWNER shall pay ENGINEER for
Basic Services and Approved additional services as amended and supplemented by Exhibit A "Further
Description of Basic Engineering Services and Related Matters" on a time and expense basis In accordance
with Exhibit C "Schedule of Hourly Rates." Total payments shall not exceed 75.00 /hr without written
approval of OWNER.
I 5.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services not specified in
Exhibit A "Further Description of Basic Engineering Services and Related Matters," rendered under SECTION
2 as follows.
5.12.1. General. For Additional Services of ENGINEER's principals and employees engaged
directly on the Project and rendered pursuant to paragraph 2.1. or 2.2. (except services as a
consultant or witness under paragraph 2.1.13.), on the basis of ENGINEER's Hourly Rates.
5.1.2.2. Professional Associates and Consultants. For services and Reimbursable Expenses
of independent professional associates and consultants employed by ENGINEER to render
Additional Services pursuant to paragraph 2.1. or 2.2., the amount billed to ENGINEER therefore
times a factor 1_1 .
5.1.2.3. Serving as a Witness. For services rendered by ENGINEER's principals and
employees as consultants or witnesses in litigation, arbitration or other legal or administrative
i proceeding in accordance with paragraph 2.1.13., at the rate of 500 00 per day or any portion
thereof (but compensation for time spent in preparing to appear in any such litigation, arbitration or
proceeding will be on the basis provided in paragraph 5.1.2.1.). Compensation for ENGINEER's
independent professional associates and consultants will be on the basis provided in paragraph
5.1.2.2.
5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraph 5 1.1. and 5.1.2.,
} OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses incurred in connection with all
Basic and Additional Services.
+ 5.1.4. ' The terms "Hourly Rates" and "Reimbursable Expenses" have the meanings assigned to them in
paragraph 5.4.
5.2 Times of Payments
5.2.1. ENGINEER shall submit monthly statements for Basic and Approved Additional Services rendered
and for Approved Reimbursable Expenses incurred. The statements will be based upon actual time and
expenses submitted by the ENGINEER actually completed at the time of billing. OWNER shall make prompt
monthly payments in response to ENGINEER's monthly statements.
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5.3. Other Provisions Concerning Payments
5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days
after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of
1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice
to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for
services, expenses and charges.
532. In the event of termination by OWNER under paragraph 7.1. upon the completion of any phase of
the Basic Services, progress payments due ENGINEER for services rendered through such phase shall
constitute total payment for such services. In the event of such termination by OWNER during any phase of
the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of
ENGINEER's Hourly Rates for services rendered during that phase to date.of termination by ENGINEER's
principals, employees engaged directly on the Project. In the event of any such termination, ENGINEER also
will be reimbursed for the charges of independent professional associates and consultants employed by
ENGINEER to render Basic Services and paid for all approved Additional Services and approved
Reimbursable Expenses, plus approved termination expenses Termination expenses mean Reimbursable
Expenses directly attributable to termination, which, if termination is at OWNER's convenience, shall include
an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the
date of termination as follows:
10% if termination occurs after commencement of the Preliminary Design Phase but prior to
commencement of the Final design Phase; or
10% if termination occurs after commencement of the Final Design Phase.
5.33 Records of ENGINEER's Salary Costs pertinent to ENGINEER's compensation under this
Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made
available to OWNER on request prior to final payment for ENGINEER's services.
534. Whenever a factor is applied to Salary Costs in determining compensation payable to ENGINEER
that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise
such factor. All such adjustments will be in accordance with generally accepted accounting practices as
applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices
and procedures and as approved by the OWNER.
5.4. Definitions
5.4.1. The Hourly Rates used as a basis for payment are as shown in Exhibit C "Schedule of Hourly
Rates."
5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants, directly or indirectly in connection with the Project, such as
expenses for transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s);
toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and
similar Project-related items in addition to those required under SECTION 1; and if authorized in advance by
OWNER, overtime worts requiring higher than regular rates.
Page 13 of 17
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SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1. Construction Cost
The construction cost of the entire Project (herein referred to as "Construction Cost's means the total cost the
OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not Include
ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and financing charges incurred in connection with the Project or the
cost of other services to be provided by others to OWNER pursuant to paragraphs 3.7. through 3.11.,
inclusive. (Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph
1.2.5.).
6.2. Opinions of Cost
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6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or services fumished
by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market
conditions, ENGINEER's opinions of probable Total Project Costs and Construction Costs provided for herein
are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best
judgment as an experienced and qualified professional engineer, familiar with the construction industry; but
ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs
will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating
Phase OWNER wishes greater assurance as to Total Project or Construction Costs, the ENGINEER or the
OWNER mayall employ an independent cost estimator as provided in paragraph 3.9.
6.2.2. If a Construction Cost limit is established by written agreement between OWNER and ENGINEER
and specifically set forth in this Agreement as a condition thereto, the following will apply:
'6.2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised
opinion of probable Total Project or Construction Costs in excess of the then established cost limit
will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such
revised opinion.
62.2.2. Any Construction Cost limit so established will include a contingency of ten percent
(10%) unless another amount is agreed upon in writing.
6.2.2.3. ENGINEER will be permitted to determine what types of materials, equipment and
component systems are to be included in the Drawings and Specifications and to make reasonable
adjustments in the general scope, extent and character of the Project to bring it within the cost limits
as approved by the OWNER.
Page 14 of 17
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6 2.2.5. If the lowest bona fide proposal or bid exceeds the established Construction Cost
limit, OWNER shall (1) give written approval to increase such cost limit, 2) authorize negotiating or
re-bidding the Project within a reasonable time, or (3) cooperate in revising the Project's general
scope, extent or character to the extent consistent with the Project's requirements and with sound
engineering practices. In the case of (3), ENGINEER shall modify the Contract Documents as
necessary to bring the Construction Cost within the cost limit. In lieu of other compensation for
services in making such modifications, OWNER shall pay ENGINEER, ENGINEER's cost of such
services, all overtiead expenses reasonably related thereto and Reimbursable Expense, but without
profit to ENGINEER on account of such services. The providing of such service will be the limit of
ENGINEER's responsibility in this regard and, having done so, ENGINEER shall be entitled to
payment services in accordance with this Agreement. If the lowest bona fida bid exceeds the
available construction budget by more that 25%, the ENGINEER shall modify the re-bid contract
documents at no additional fee to the OWNER. Approved reimbursables will be paid by the
OWNER.
SECTION 7 - GENERAL CONSIDERATIONS
7.1. Termination
The obligation to provide further services under this Agreement may be terminate by ether party upon thirty
days' written notice in the event of substantial failure by the other party to perform in accordance with the terms
hereto through no fault of the terminating party.
7.2. Reuse of Documents
All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's
independent professional associates and consultants pursuant to this Agreement) are instruments of service in
respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not
the Project is completed. OWNER may make and retain copies for information and reference in connection
with the use and occupancy of the Project by OWNER and others; however, such documents are not intended
or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other
project. Any reuse without wmtten verification or adaptation by ENGINEER for the specific purpose intended
will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants, and OWNER shall indemnity and hold harmless
ENGINEER and ENGINEER's independent professional associates and consultants from all clams, damages,
losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verifications or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.3. Insurance
73.1. ENGINEER shall procure and maintain insurance for protection from claims under worker's
compensation ads, claims for damages because of bodily injury including personal injury, sickness or disease
or death of any and all employees or of any person other than such employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting there from. Engineer shall secure,
pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in an
amount of not less than $100, 000.00 single limit.
7.4. Controlling Law
This Agreement is to be governed by the law of the principal business of OWNER.
Page 15 of 17
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7.5. Successors and Assigns
7.5.1. OWNER and ENGINEER each Is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by
paragraph 7.5.2. the assigns of OWNER and ENGINEER) are hereby bound to the other party to this
Agreement and to the partners, successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement.
7.5.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in
(including but without limitations, moneys that may become due or moneys that are due) this Agreement
without the written consent of the other, except to the extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this Agreement Nothing contained in this paragraph shall prevent ENGINEER
i from employing such independent professional associates and consultants as ENGINEER may deem
appropriate to assist in the performance of services hereunder.
i 7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to
anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any
other party.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
81 This Agreement is subject to the following special provisions.
8.2. The following Exhibits are attached to and made a part of this Agreement:
8.2.1. Exhibit A "Further Description of Basic Engineering Services and Related Matters" consisting of 1
page.
8.2.2. Exhibit C "Schedule of Hourly Rates" consisting of 1 page.
8.3. This Agreement together with the Exhibits and Schedules identified above constitute the entire
Agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This
Agreement and said Exhibits and Schedules may only be amended, supplemented, modified or canceled by a
duly executed written instrument.
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• IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
OWNER: ENGINEER:
BRAZOS COUNTY TEXAS ENERGY ENGINEERING SERVICES INC
BY: BY e~2&.L 2g~~ Alvin W. Jo es, Coun Judge Ern- est W. Moor , President
A EST: ATTE
Address for Giving Notices:
• Brazos County Courthouse
300 East 2e Street, Suite 116 505 Church Street
Bran Texas 77803-5327 College Station. Texas 77840
Page 17 of 17
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EXHIBIT A TO AGREEMENT BETWEEN OWNER
AND ENGINEER FOR PROFESSIONAL SERVICES, dated June 15, 1997
SCRIPTION OF BASIC _ENGINEERINGSBRVI-CFS AND RELATED MATTERS
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1. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement
made on June 15, 1997 between the Brazos County (OWNER) and Texas Energy Engineering
Services, Inc. (TEESQ (ENGINEER) providing for professional engineering services. The Basic
Services of ENGINEER as described in SECTION 1 of the Agreement are amended or
supplemented as indicated below and the projected time periods for the performance of certain
services as indicated in SECTION 4 of the Agreement are indicated below.
2. During the Preliminary Design Phase ENGINEER shall: Provide the services described in
SECTION 1.3.
3. During the Construction Phase ENGINEER shall: Provide the services described in SECTION 1.6.
At no time will Construction Phase Activities Interfere with normal School Activities.
4. Engineering Costs: The Fees for Services provided by the ENGINEER to implement the
Energy Conservation Measures Identified in the Rebuild Amenca Engineering
Assessment and Approved by the Texas A&M Energy Systems Laboratory for
Implementation are as follows: OWNER Agrees to Pay ENGINEER $52,134.00 for
Services Based on the Completion of the Following Project Milestones:
Schematic Design Phase 15% of Fee
Design Development Phase 35% of Fee, less amount paid for Schematic
Design Phase
Construction Document Phase 65% of Fee, less amount paid for Schematic
Design and Design Development Phases
Construction Document Phase 70% of Fee, less amount paid for Schematic
through award cf Contract Design, Design Development and
Construction Document Phases
Construction Phase* 100% of Fee, less amount paid for Schematic
Design, Design Development and
Construction Document Phases. *(To be paid
monthly based on percentage of completion of
construction contract.)
BASIC ENGINEERING SERVICES
ENGINEER will Provide OWNER Planning, Design, Project Administration, Warranty Enforcement,
Rebuild America Reporting and Program Compliance Assistance (if Applicable) for
Projects Identified in the Rebuild America Energy Assessment Report and accepted by
the Texas A&M University Energy Systems Laboratory. Any substantial change to the
scope of work will require additional Engineenng fees, and will be negotiated between
OWNER and ENGINEER.
Page 1 of 1
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Flood Plain Permit Guidelines
Due to the fact there are times when no one Is available to issue floodplain permits, we
encourage you to telephone and schedule an appointment. The property owner shall
supply the information required on the attached sheet (Flood Plain Permit Information
Form) at the scheduled appointment time; missing information may jeopardize issuance
of the permit and another appointment may be required.
1. Permits shall be secured by property owners only (no exceptions).
2. Permits for out-of-town owners may be arranged (information at County Engineer's
office).
3. Owner shall supply a legal description of the property including abstract number,
tract number (per Central Appraisal District Office, 409-774-4100) and exact
acreage or subdivision name, phase, block and lot number if property is in a
subdivision.
4. If property is owned by builder or developer, we will issue floodplain permit to
him/her except when any type of contract with potential buyer exists. If a contract
does exist, the purchaser will be required to secure a permit.
5. No more than two permits will be issued per tract or lot provided the tract or lot
has at least one acre per structure (more than two will be addressed on a special
individual basis of large acreage).
a. Permits will be required for each residential or commercial structure.
b. If more than one floodplain permit is issued, the owner of the property will
be required to secure a permit for each structure. A note will be attached
to the permit stating "This permit is for second structure on this lot or tract.
Owner acknowledges that if either structure is sold, along with a portion of
lot or tract, a plat or replat may be required'.
Owners Signature
j 6. A floodplain permit will not be issued for lots or tracts that are illegally subdivided
i or are in a subdivision that is being developed, but the plat has not been
approved by Commissioners' Court and recorded in the County Clerk's office.
7. If floodplain permit applicant's property has floodplain encroachment, a
determination shall be made by the County Engineer's office as to whether an
elevation certificate (see item no. 8) will be required by owner before floodplain
permit can be issued.
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8. If an elevation certificate (see item no. 7) is found to be necessary, a study by a
licensed engineer or surveyor will be required (paid for by owner) and the findings
recorded on the elevation certificate booklet (provided by County Engineer's
office) in which the ground elevation of the structure site is determined and the
finished floor elevation is established from the findings (which will include a bench
mark being placed adjacent to the structure site for a reference mark by which to
set finished floor of structure).
9. The County Engineer's office may perform unannounced site inspection(s) of the
installation or construction of the finished floor, and if findings show finished floor
is below the established target elevation, the owner may be required to adjust the
finished floor. If the owner refuses, he/she may be filed on by the County for
violation of the floodplain ordinance. All violation findings will be filed with the
floodplain permit and in the case of a possible future flood, FEMA may not make
loan assistance available for damages to this structure.
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FLOOD PLAIN PERMIT INFORMATION FORM
I Name of property owner
II Location of property
III Legal description
A. If in subdivision:
1.
Name of subdivision
2.
Phase number
3.
Block number
4.
Lot number
5.
Exact acreage
6.
Street name and address. (if available)
B. If not in subdivision:
1.
Abstract number
2.
Tract number
3.
Exact acreage
4.
Street name and address (if available)
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NOTICE
TO ALL LAND OWNERS contemplating building a home or commercial building or
installing a manufactured home in Brazos County outside of the City Limits of Bryan or
College Station.
There is a permit commonly known as a "Flood Plain Permit" (specifically the "Flood
Damage Prevention Ordinance Permit") adopted by the Brazos County Commissioners'
Court as per the requirements of 44CFR, Chapter I, Part 60.3(d) of the National Flood
Insurance Program Regulations.
This "Flood Plain Permit" is required for each new structure and is to obtained in advance
of the construction or installation of any new or used (in the case of a mobile or
manufactured home) structure.
These permits are issued by the Brazos County Engineer's Office/Road and Bridge
Department by appointment. For more information or to set up an appointment please
call 409-822-2127.
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BRAZOSCOUNTY,TEXAS
CONTRACT FOR SERVICES
« THE STATE OF TEXAS
COUNTY OF BRAZOS
This agreement made and entered into by and between Brazos County, a local subdivision
of the State of Texas, Party of the First Part, and for brevity herein referred to as
"County", and Carroll Systems, Inc., Party of the Second Part, and herein referred to as
Contractor.
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AGREEMENT
1.
That for the consideration agreed to be paid by Brazos County, the above noted
Contractor undertakes, covenants, and agrees to perform the work herein contracted to be
done, in every detail conforming to the advertisement, proposal, specifications, including
special provisions, plans or working drawings, and special agreements, on a certain public
work described as follows:
Fiber optic connection between Brazos County Juvenile Justice Center and Brazos County
Minimum Security Jail: '
Carroll Systems, Inc. will provide the following:
all labor and materials necessary to:
1.0 Installation of two (2) 2" PVC conduit from existing manhole conduit at new
Juvenile Detention Center to existing pull box at the Minimum Security Jail.
1.1 Install 12 strand fiber cable from the Juvenile Center to the Jail
1.2 Provide and install two wall mount fiber patch panels
1.3 Terminate fiber strand utilizing ST Connectors
1.4 Test fiber with light source meter for db loss
l.5 provide two dual fiber jumpers
1.6 Carroll Systems, Inc. will warranty its material and workmanship for a period
of one year. All other products and material under separate warranty are
warranted by their respective manufacturer.
Carroll Systems, Inc., Inc. will be held responsible for obtaining all permits and licenses
necessary to complete this project.
Carroll Systems, Inc., agrees to save harmless the County from any and all claims and
liability due to the acts of the Contractor's employees and the operation of his equipment.
The Contractor also agrees to save harmless the County from any and all expenses,
including attorney fees, incurred by the County in litigation or otherwise resisting such
claims or liabilities as a result of the Contractor's employees' activities. Further, the
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Contractor agrees to protect, indemnify and save harmless the County from and against all
claims, demands, and causes of action of every kind and character by any employees of the
Contractor against the County due to personal injuries and/or death to such employee
resulting from any alleged negligent act, by either commission or omission on the part of
the Contractor or the County.
Carroll Systems, Inc., will be allocated ten (10) working days (Mon-Fri) from start of
project to completion of project. The Contractor agrees to pay as liquidated damages the
sum of $100.00 for consecutive calendar day used over and above the agreed to work
time. It is agreed by both parties that time is of the essence.
Carroll Systems, Inc., will be held liable for the completion of the project All
subcontracting must have prior approval by Brazos County.
In consideration for the services so described, it is agreed that the County will pay fifteen
thousand nine hundred eighty-five dollars and no cents ($15,985.00) as follows-
Labor: $3,77200
Materials- $11,49800
Sundry Expenses: $ 715.00
2.
The Contractor hereby agrees that work will commence under this contract on or before
7-3- 9 7 and that work will be finished on or before
7 - /8 - 9 7 Any report required to be completed and filed with the
County or its designated recipient will be completed and available to be filed on or before
3.
It is agreed that in consideration of the Contractor fully and faithfully complying with all
the terms, provisions, and stipulations contained herein or attached and made part of this
contract, the County undertakes, covenants and agrees to pay to the contractor for the
furnishing of all material and labor, and the performance of the work herein contracted for
the following sum which is evidenced by the attached proposal or bid of the Contractor.
The said sum shall be the full compensation to be received by the said Contractor under
the terms of this contract, which is performable and enforceable in Brazos County, Texas
4.
It is agreed by both parties that the Contractor is not an employee of the County for the
purposes of this contract, nor is the Contractor to be construed to be an employee of the
County. The Contractor is independent and therefore responsible for all federal taxes that
may accrue as a result of this contract, responsible for payroll related costs that may
accrue as a result of this contract, is responsible for carrying all workman's compensation
insurance, and is responsible for carrying all necessary liability insurance. It is agreed that
the Contractor is responsible for all work related to this contract until it has been accepted
by the County.
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WITNESSETH: In testimony thereof, Brazos County has caused this instrument to be
signed in its corporate name, and on its behalf, by the County Judge of Brazos County
acting at the direction of the Commissioners Court of Brazos County, and herein stated
Contractor, therein binding themselves, their heirs, successors, assigns, and representatives
for the faithful and full performance of the terms and provisions of this contract,
individually, jointly, and severally. Executed this the 3rd day of June, 1997, at Bryan,
Texas.
Brazos County, Texas Contractor: Carroll Systems, Inc.,
Party /o?ffthe First Part Party of the Second Part
4" lkmo~
19.
Subscribed and sworn to before me this day of 9-44-~
NO AL
Brazos County, Texas
Notary Public Commission Expires On: do
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
I
DATE OF COURT MEETING: 06/03/97
ITEM: Permission to enter Pat Holland's property located off Edge School House
Road for the purpose of removing hay bales to be used for road right-of-way erosion
control Signed permission form attached Site is located in Precinct 2
SOURCE OF FUNDS: N/A
1. NOTESIEXCEPTIONS:
II.. ACTION REQUESTED OR ALTERNATIVES:
SU I BY: APPROVED BY:
ichard F. Vance. P.E. Commissioner William S. Thomton
County Engineer Precinct 2
CC97-076
Approved in Commissioners' Court
Date: 4-3-
Alvin .Jones, unty judge
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i BRAZOS COUNTY
~°'°~snrooEd`~~ PRIVATP PROPERTY ACCESS PERMISSION FORM
Alvin W. Jones
County Judge
Gary Norton
Commissioner Pd 1 DO .let
Sandie Walker
Commissioner Pct 2
Randy Sims
Commissionet t 3
Carey Cauley
Commissioner Pd 4 Date 5--?-,7-97
1. LANDOWNER AND ADDRESS PAr WGf 1 A AJ
. ,
II. LOCATION OF WORK R0-9'7-
Ill. ~C- ScHoo~ ~IouS6
G~e~lthf~ f ~SBS C~OGE ScNoOc ~iousE
DESCRIPTION OF WORK TO BE DONE hf!mea ~•~-Ge~ /r1 sn,s+s.:.
Gow~x
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IV. MAINTENANCE YES NO
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. one
County Engineer Enginecrim*-Aide
OWNER'S SIGNATURE
DATE S~Z7 -?7
VCS J'AQ& , .
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge
NUMBER 560001
DATE OF COURT MEETING:
06/03/97
ITEM: Permission to enter Patricia McCain's property located off Jim Mathis Road for
the purpose of stockpiling road construction material (grade 4 rock) for Kurten
Cemetery Road project Signed p
ermission form attached. Site is located in
Precinct 2
SOURCE OF FUNDS: N/A
1. NOTES/EXCEPTION
S:
II. ACTION REQUESTE
D OR ALTERNATIVES:
SUBMITTED BY:
APPROVED BY:
Richard F. Vance. P.E.
Commissioner William S. Thomton
County Engineer
Precinct 2
CC97-074
Approved in Commissioners' Court
Date: G -
Alvin W. Jones, Co ty Judge
I
VCS PAGE, ~
• ~ 7
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
ANN W. donee
aurdVANIP
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B
Tony Jon"
Commissbner Pet I
WdWm S Thomfon
O
Commissioner Pet Z
Randy Sims
Commissioner Pet 3
Carey Cauley
Commissioner Pet 4
Date -V-2:21 97
1. LAND OWNER AND ADDRESS ~4TR i G'/4 /I 1 CC Aid
S ff tJ; fiy (3mar) IybS _ ; ►v~ Al A "4` c ..R P Yfd 17V. 77A
II. LOCATION OF WORK
III. DESCRIPTION OF WORK TO BE DONE ~ G ~
1 4v
IV. MAINTENANCE YES.L/ NO _
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE a.-dMgf gjft S-
do,
(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. ftleffioreman
County Engineer
OWNER'S SIGNATURE r C DATE _,~2;Z
,!PAGE,
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 06/03/97
ITEM: Reauest from Wickson Creek Special Utility District to place a road bore in the
right-of-way of Cole Lane for a water line installation. Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed within 3-5' of and parallel to the right-of-way
line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be
the Applicant's responsibility to do so and to remove all cleared brush, trees
etc. from County right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test
Method No. D-698; test shall be conducted by an independent Geotechnical
testing firm; copies of all test results shall be fumished to the office of the
Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of
Uniform Traffic Control Devices for Streets and Highways, published by the
Texas Department of Transportation, and all other State and Federal laws
governing utility constriction.
II. ACTION REQUESTED OR ALTERNATIVES:
Xicha MITT ED BY:
rd . Vance, P.E.
County Engineer
CC97-075
AP
Commissioner andy-Sims
Precinct 3
Approved In Commissioners' Court
Date: 6.3-97
Alvin W. Jones, Obunty Judge
Vol.
REQUEST FOR 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 (applicant) wi ckson Creek S.U.D. proposes
to place a (type) water 1 ine lofflM the right-of-way of (road).
Cole Ln. 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 they might be on hand to designate the actual
location of the installation.
2. That all damage to the roadways and right-of-ways will be 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 become
necessary due to widening or lowering, or other alteration of the roadway
or right-of-way.
4. That Brazos County is in rro way responsible for any damage that 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 forty-eight inches
(48') lower than the center of the roadway whether there is, or is not, a
borrow ditch.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after (date) rd day of
May 19 97 -
Firm: Wick
, Mn Cr ek' S.U.D.
By: ar Kent Watson
Title: Manager
Address: P. 0. Box 4756
Bryan, Texas 77805
Phone: 409-589-3030
APPROVED BY COMMISSIONERS'
COURT ON:
(0-.3-97
Date
64-'
Alvin W. Jones
County Judge
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05 tt-97
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BRAZOS COUNTY
• COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 06/03/97
ITEM: Permission to enter Ralph J Beauvais property located off Mancuso Road for
the purpose of disposing (burial) of dead livestock (horse) for the health, safety and
welfare of the general public Signed permission form attached. Site is located in j
Precinct 2.
SOURCE OF FUNDS: N/A
1. NOTES/EXCEPTIONS:
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
.,mss
Richard F. Vance,
County Engineer
CC97-077
APPROVED BY:
Commissioner William S. Thornton
Precinct 2
Approved In Commissioners' Court
Date:
Alvin . Jones, unty Judge
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
AMn W. Jones
County Judge
Tony Jones OF B
Commissioner Pet I J y
Sandie Walker
Commisskmsr Pet 2 V
Rarely Sires ~'0a sarocc
Commissioner Pd 3
Cary Canby
Commissioner Pet s
Date 9-7- 9,7
1. LAND OWNER AND ADDRESS Qd 40,4 1 8« k vans
St-c, 4- ,qg s 4 G r rr~e B, e Tx =:;Z- g o 9
II. LOCATION OF WORK 3 -13 / A < < • . d
III. DESCRIPTION OF WORK TO BE DONE J4- a o.s r
IV. MAINTENANCE YES _ NO
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner will be pri to maintenance)
Ci."I offf C. ~i:
Richard F. Vance, Engineer Alde/Foreman
County Engineer
OWNER'S SIGNATURE DATE S/ 19