HomeMy WebLinkAbout2004-12-14-9:00AM-Regular
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BRAZOS COUNTY
BRYAN, TEXAS
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NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE CO
SESSIO
COURT
SUITE 1
MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 14 DECEMBER 2004 AT 9:00 A.M. IN THE COMMISSIONERS
OM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
, BRYAN, TEXAS.
1. In cation and Pledge of Allegiance - Commissioner Caldwell
2.
for citizen's input and/or concerns.
3. get Amendment 04/05-10.1 thru 04/05-10.2
Consider nd take action on agenda items 3 - 23:
4. est from the District Attorney's Office to move $1,798.00 from Investigator 0419-2
vestigator 0419-1, and to accept funds from the District Attorney crime fund.
5. Pe onnel Change of Status.
6. ent of Claims.
7. lution 04-025 commending Mr. Walter Wilcox for his years of dedicated service as
. os County's representative to the Big 8 RC&D.
8. uest from the Research Valley Partnership for $15,000 as the initial cash incentive for
orrowNow, Inc. to meet the requirement under the Performance Agreement between
orrowNow, Inc. and the Research Valley Partnership.
9. uest from the Research Valley Partnership for $20,000 as a cash incentive for
data, LLC. to meet the requirement under the Performance Agreement between
data, LLC. and the Research Valley Partnership.
VOLJLi.PAGE I
Commissioners Court Agenda
14 December 2004
Page 2
10. pplication for Payment #3 from McClure & Browne Engineering/Surveying Inc. for
ork performed by Elliott Construction, Ltd. on the West 28th Street Wastewater
provements.
11. equest from the Sheriffs Office for approval of out-of-state travel for officers to travel
Washington D.C. in response to a request from the Washington D.C. Metro Police
epartment for assistance in providing security for the inauguration of President George
. Bush. Dates of travel are 18-21 January 2005.
12. . equest by the Sheriff s Office for approval of a payment authorization to City Paint &
dy for which a purchase order was not obtained. Payment is for repairs to a wrecked
tomobile.
13. ,quest by the Sheriffs Office for approval of a payment authorization to DataRadio
rp. for connection and software maintenance on equipment purchased with Homeland
I curity Grant funds.
14. w Owner - Architect Agreement between Brazos County and Wiginton Hooker Jeffry,
. Architects for the Sheriffs Department Administrative Office Complex.
15. ended Maintenance Agreement for the Sharp copier purchased for the Justice of the
ace Pct. 2.2 office.
16. quest by Purchasing for permission to declare surplus property as "salvage" that was
ertised in accordance with Local Government Code ~263.152 and did not sale, and to
orize either destruction or other disposal.
17. quest from Purchasing for permission to advertise the following bids:
a. Bid #2005-010 -- Hydrated Lime
b. Bid #2005-011 -- Material Hauling
c. Bid #2005-012 -- Herbicides and Surfactants
d. Bid #2005-013 -- Shop Supplies / Auto Parts
18. T Refund Applications for the following:
a. Citicapital Commercial Leasing Corp.
b. Earl Dean Mitchell
19. A ointment of the following individual as a director to the Brazos Valley Ground-
w er Conservation District; effective 1/01/2005 through 12/31/08:
a. Kent Watson, representing Rural Water Suppliers
20. A ointment of the following individuals to the Brazos County Bail Bond Board:
a. The Honorable Judge Jim Locke
b. Commissioner Duane Peters
VOL (p PAGE :;
Commissioners Court Agenda
14 December 2004
Page 3
21. A ointment of Lt. Robert Meyer to the Brazos Valley Council of Governments. Lt.
M . er represents the Texas A&M University Police and replaces Robert E. Wyatt who
ha retired.
ointment of Dorothy Dlabay and Dale Isom to the Brazos County Fire Prevention 1
E ,rgency Services District #4 Fire Commissioners Board. Term of appointment is
1/ 12005 through 12/31/2006.
23. Re est from Verizon Communications to construct two road bores and approximately
2, .3 ft. of parallel cable installation in the right of way of North Dowling Road. Site is
10 I ed in Precinct 1.
24.
uncement of interest items and possible future agenda topics.
for citizen input and/or concerns.
cy 1 Board 1 Committee reports by Court members.
27. Ad urn
The Brazos C ty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive se . es must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
VOL !oS PAGE 3
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 14, 2004
A regular meeting of the Commissioners' Court of Brazos
Co nty, Texas was held in the Brazos County Commissioners
Co rtroom in the Courthouse in Bryan, Brazos County, Texas,
be nning at 9:00 a.m. on Tuesday, December 14, 2004 with the
fo owing members of the Court present:
Randy Sims, County Judge, Presiding;
Eric Caldwell, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
of cials that were in attendance.
Commissioner Caldwell gave the invocation and led the
pI . ge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #04/05-10.1
th .ugh 10.2 that would reallocate funds for Juvenile Services
an set up a budget for the Emergency Management 2004 State
Ho land Security Program. On motion by Commissioner Cauley,
se nded by Commissioner Peters, the Court voted unanimously
to pprove the budget amendment as submitted, a copy of which
is ttached.
+
v
06
PAGE
issioners Court meeting December 14, 2004 2
The next matter before the Court was a request from the
D' Attorney's office to move $1,798.00 from the
I estigator 0419-2 position to the Investigator 0419-1
po ition and to accept funds from the District Attorney Crime
Fu d.
On motion by Commissioner Peters,
seconded by
rs, Mallard, Cauley and the County Judge voted "Aye".
issioner Caldwell abstained.
On motion by the County Judge, seconded by Commissioners
Cal well, Peters, Mallard, and Cauley, the Court voted
una imously to adopt Resolution #04-025 recognizing and
tha king Walter Wilcox for his many years of exemplary and
Co issioner Cauley, the Court voted unanimously to approve
th request.
The Court proceeded to consider the change of status of
em oyees as submitted on the attached Personnel Action
Re ests. On motion by Commissioner Cauley, seconded by
Co issioner Peters, the Court voted unanimously to approve
th changes as submitted.
The Court next considered the following Claims as
itted by the County Treasurer for payment:
7002033 through 7002250
issioner Cauley moved to approve the claims as submitted.
issioner Peters seconded the motion.
Commissioners
v
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PAGE
-5
Co issioners Court meeting December 14, 2004 3
un elfish service to the citizens of Brazos County and the
St te of Texas as a charter member of the Big 8 RC&D and
Br zos County's representative on their Executive board. The
Co ty Judge then presented the signed resolution and a plaque
to r. Wilcox.
The Court next considered a request from the Research
Va ey Partnership for $15,000.00 as the initial cash
In ntive to TornmorrowNow, Inc. Mr. Bob Malaise gave a status
re rt on the proj ect. On motion by Commissioner Mallard,
se nded by Commissioner Cauley, the Court voted unanimously
to pprove the request. The payment is due within 30 days from
De mber 7, 2004.
The next matter before the Court was a request from the
Re arch Valley Partnership for $20,000.00 as a cash incentive
fo MEMData LLC. to meet the requirement under the performance
Ag ement between MEMdata, LLC. and the Research Valley
Pa . nership. Mr. Bob Malaise gave a status report on the
pr ect. On motion by Commissioner Mallard, seconded by
Co issioner Cauley, the Court voted unanimously to approve
the request.
200
The payment is due 60 days from November 22,
The Court next considered Application for Payment No. 3
on he TCDP 2003 West 28th Street Waste Water Improvements.
v
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PAGE
b
Co issioners Court meeting December 14, 2004 4
El iott Construction, Ltd. is requesting payment of
$1,674.80. On motion by Commissioner Cauley, seconded by
Co issioner Caldwell, the Court voted unanimously to
au horize payment of $11,674.80 to Elliott Construction, Ltd.
A opy is attached.
The next matter for consideration by the Court was a
re est submitted by the Sheriff's Office seeking approval for
ou of state travel for 23 deputies and reserve deputies to
tr to Washington D.C. to assist the Metro Police Department
in roviding security for the inauguration of President Bush.
Th deputies will be needed January 18th, 19th, 20th and 21st,
20 On motion by Commissioner Mallard, seconded by
Co issioner Cauley, the Court voted unanimously to grant the
re est from the Sheriff and approved payment of out of state
tr el expense for the attached list of deputies and reserve
de ities. Lt. David Drosche will make two trips to Washington
D.
The Court next considered a request by the Sheriff's
rtment for approval of a payment authorization to City
Pai t & Body in the amount of $537.68. This is for repairs to
a ecked 2004 Toyota Corolla. On motion by Commissioner
Ca ey, seconded by Commissioner Peters, the Court voted
una imously to approve the payment authorization.
V L
(P6
PAGE
I
Co issioners Court meeting December 14,2004
5
The Court next considered another request by the
Sh riff's office for approval of a payment authorization to
Da aRadio Corporation for connection and software maintenance
on equipment purchased with Homeland Security Grant funds. On
mo ion by Commissioner Peters, seconded by Commissioner
Ca ey, the Court voted unanimously to approve the request in
th amount of $760.00.
The next matter before the Court was consideration of the
Ne Owner-Architect Agreement between Brazos County and
Wi 'nton Hooker Jeffery, P.C. Architects for the Sheriff's
De rtment Administrative Office Complex. The design of an
ap oximately 24,000 square feet facility to be located on a 9
ac site fronting on Highway 21 near the existing Juvenile
se ice building. The anticipated cost is between $3,500,000
an $4,000,000. Basic compensation services fees shall be 7.5
pe ent of construction costs plus reimbursable expenses,
ci 1 engineering and landscape design fees.
Basic fees
in ude cost for structural, MEP engineering and cost
es mates. On motion by Commissioner Peters, seconded by
Co issioner Cauley, the Court voted unanimously to approve
th contract and authorized the County Judge to execute the
do .ment on behalf of Brazos County. A copy is attached.
The Court next considered an Amended Maintenance
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PAGE
2'
c
issioners Court meeting December 14,2004
7
t x refund applications from the following individuals
a d/or companies:
a. Citicapital Commercial Leasing Corp.,
Payment $1,367.82
b. Earl Dean Mitchell, Over Payment $24.75
Over
o motion by Commissioner Mallard, seconded by the County
J ge, the Court voted unanimously to approve the tax
r und applications.
The next matter before the Court was the appointment of
a individual as a director to the Brazos Valley Groundwater
C servation District.
On motion by Commissioner Peters,
s onded by Commissioner Cauley, the Court voted unanimously
t
Kent Watson, representing of the Rural Water
s
as a director to the Brazos Valley Groundwater
C servation District.
The Court next considered the appointment of two
i ividuals to the Brazos County Bail Bond Board. The County
J
to appoint County Court at Law # 2 Judge Jim Locke
a
Commissioner Duane Peters to the Brazos County Bail Bond
B
Commissioners
Caldwell
seconded
the
motion.
C
issioners Caldwell, Mallard, Cauley and the County Judge
v "Aye". Commissioner Peters abstained.
The next matter before the Court was the appointment of
an individual to the Brazos Valley Council of Governments. On
L
~5
PAGE
)0
C missioners Court meeting December 14, 2004
8
m ion by Commissioner Peters, seconded by Commissioner
C dwell, the Court voted unanimously to appoint Lt. Robert
M
replace Robert E. Wiatt who retired in July 2004.
The Court next considered the appointment of two
i i vidual to the Brazos County Fire Prevention/Emergency
S
District #4 Fire Commissioners Board. On motion by
C
issioner Cauley, seconded by Commissioner Peters, the
C rt voted unanimously to appoint Dorothy Dlabay and Dale
I
the board. The appointments run from January 1, 2005
t
December 31, 2006.
The Court next considered the request from Verizon to
c
2 road bores and approximately 2,623 feet of
pa allel cable installation in the right-of-way of North
Do ling Road. The site is located in Precinct 1. The County
En ineer stated that all appeared to be In order and
re ommended approval.
On motion by Commissioner Caldwell,
se onded by Commissioner Mallard, the Court voted unanimously
to approve the request from Verizon and authorized the
in tallation. A copy of the request is attached hereto.
Under announcement of interest items and possible future
ag da topics the following spoke:
Commissioner Mallard
a) Reminded everyone that the meeting with State
Representative Fred Brown and State Senator
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PAGE
/1
c
issioners Court meeting December 14, 2004
9
Steve Ogden will be on the 15th of December at
the Brazos Center.
b) Harris County is trying to ban fireworks out
in the county. They have requested more
information on this subject. A meeting is
being held December 16, 2004 if anyone is able
to attend. State Legislators are trying to
bring all counties in Texas on board with this
issue.
There was no citizen input and/or concerns.
There were no Agency/Board/Committee reports by Court
There being no further business to come before the Court,
t meeting was adjourned.
L
jpt;
PAGE
Je:<
T .e foregoing minutes of the Commissioners Court meeting held
have been examined and are approved in open
rt this the
~?i-
da y 0 f ------Lip(' I /
, 2005, in Bryan,
Texas.
~~~
Lloyd assermann
Commissioner, Precinct 1
issioner, Precinct 2
A est:
iL
05
PAGE
/3
ZOS COUNTY COMMISSIONERS COURT
j)t~ /4 ,2004@ <[:1)0 /IfrL.
h-.~_~
Meeti
Name
Organization / Department
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VOL W; PAGE / if
PAGE /1J-
BRAZOS COUNTY, TEXAS
1FJ
BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR
NO. 04/05-10.1 thru 04/05-10.2
this the 14th day of December 2004 at a regular meeting of the Commissioners' Court, the
embers were present:
Randy Sims, County Judge, Presiding
Eric Caldwell, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The foIl ing proceedings were held:
T WHEREAS, on 14 December 2004 the Court heard and approved a budget amendment for
the 2004 005 budget year for Brazos County, Texas.
HEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
which could not be reasonably included in the original budget adopted 25 August 2004 the
mendment(s) to the original are hereby authorized, as described on the attached page(s).
OPTED AND APPROVED this the 14th day of December 2004.
ISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
Original County Clerk's Office and attached to the
original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL &5 PAGE / (p
: BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05-10.1
12/14/2004
FD DIV ACCT PROJ DRlCR ACCOUNT NAME Increase Decrease
3000 8071500 CR TEEX - Domestic Preparedeness 89,824.00
3000 355400 80310000 DR 800Mhz Communications Sys 89,824.00
Emergenc Management-2004 State Homeland Security Program
To setup bl ' get for the SHSP Grant to purchase 800MHz system for the Volunteer Fire Department
,/
a
VOL v;- PAGE /1
I BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05-10.2
12/14/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 3100030C I 60600000 CR Office Supplies 200.00
0100 3100030C 67281000 DR Equipment - Electronic 200.00
Juvenile S rvices
To realloca funds to purchase a new cordless telephone system with answering machine for
the Brazos ounty Academy Program.
I
I
P
VOL uP PAGE 18
#5
PERSONNEL CHANGE OF STATUS
December 14, 2004
Personnel
.q~~:........ ~~~~';~ r.e!'~~~~~l ~~~~~~~! ~.t~!1!~...................... I
TMENT NAME EMPLOYEE NAME ACTION REQUESTED
....................................................................
...
....
TAX FFICE
RONEY, MICHELE
NEW HIRE
BUlL ING
MAINTENANCE
REYES, SAM
NEW HIRE
JUVE LE SERVICES
SWONKE, DENISE
JACKSON, TYRONE
ROSE, LISA
ROBERTS, RONALD K.
RESIGNATION
NEW HIRE
NEW HIRE
NEW HIRE
INFO TION
!TECHNOLOGY
OKORAFOR, EKPE
NEW HIRE
DIST T ATTORNEY
HAILEY, JIMMY
SCHW ARTZ, BRYAN
STEP/SALARY CHANGE
STEP/SALARY CHANGE
TAX ICE
EMERY, CAROL
NEW HIRE
Approv
dge's or Commissioner's Signature:
to be attached to minutes)
County
(This co
VOL "S-PAGE /CJ
,~
APPLICA TION FOR PAYMENT NO. 2-
#/c
of Brazos (OWNER)
Construction Ltd.. (CON!! ;:'\.CTOR)
P 2003 West 28lb Street w.~! ! ~terImDrovements
23069
mplished through the aa"te ot-
. I Contract Price:
ge by Change Orders and Written Amendments (+ or-)
t Contract Price (I plus 2):
mplete to date (see Schedule ofYalues Form):
I stored on hand to date (see Material Breakdown Form):
mpleted and stored to date (4 plus 5):
ge (per Agreement):
10 % of Line 6: Total Retainage:
8. mpleted and stored to date less retainage (6 minus 7):
9. vious Application for Payments:
10. DUE HIS APPLICATION (8 MINUS 9):
Accompan . g Documentation:
1. If' is RqUeStcd fur materials on band, . copy oCtile Ccr1i1icate oflosurance must IlXXImpaIIy tile first application fur payment, and tile first and
filturc icatioos &:Ir paymcot sbould have tile Material Breakdown sheet aUacbcd.
'11-30-04
MBESI Project No. 10000039
$ 199.121.00
$ 0
$ 199,121.00
$ 157,370.50
$
$
o
157,370.50
$ 15,737.05
$ 141,633.45
$ 129,958.65
$ 11,b/4.tlU
CONTRA
The UDders
done under
incurred in
iDcorpora
payment fr
OWNER in
Application
OR'S Certification:
ed CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account ofW ork
e Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations
nnection with Work covered by prior Applications for Payments; (2) title of all Work, materials and equipment
n said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of
and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to
mnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this
r Payment is in accordance with the Contract Doouments an not defective.
Dated:
By:
'&l#Z'/~ o~
CONTRACTOR
is 30th day of November ,2004
8-23-08
..-;;....~ NAOMI SNODGRASS
!;O~~'''~t-\ Notary Public
l...! 1..1 State of Texas
\ t: '"
\ \ . ~.:' My CommiSSIOn Expires
<;~~.~!.:..... August 23. 2008
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By:
EJCDC No. 10-8-E (1996 Edition) Modified by MBESI 04/04
Prepe.red by tile ineers Joint Contract Documents Committee and endorsed by The Assoc'
Specification inst te. ,-
VOL h) PAGE ~ D
.-.."
ELLIOTT CONSTRUCTION, LTD.
P.O. BOX 510 WELLBORN TX. 77881
Ba s County Purchasing
300. 26th Street #117
BR' W, TX, 77803
11/30/2004
W.' th Street Wastewater improvements
Esti late # 3
CONTRACT QUANTITY TOTAL COMPo THIS PERIOD TOTAL TO DATE %
NO. DESI IPTION QTY UN UNIT PRICE AMOUNT QTY AMOUNT QTY AMOUNT COMP
1 MOBI ATlON 1 lS 29,550.00 29,550.00 0 0.00 1 29,550.00 100.0%
2.1 8" 303 1039 IF 11.45 11,896.55 0 0.00 1039 11 ,896 .55 100.0%
2.2 6"' 30~ 2088 IF 10.90 22,759.20 0 0.00 2088 22,759.20 100.0%
2.3 6" 224 21 IF 18.00 378.00 0 0.00 21 378.00 100.0%
2.4 8"224 131 LF 18.90 2,475.90 0 0.00 131 2,475.90 100.0%
2.5 TREN 5-8 332 IF 6.15 2,041.80 0 0.00 332 2,041.80 100.0%
2.6 TREN 8-10 1090 IF 7.15 7.793.50 0 0.00 1090 7,793.50 100.0%
2.7 TREN 10-12 1735 LF 8.15 14,140.25 0 0.00 1735 14,140.25 100.0%
2.8 TREN SAFETY 3157 IF 1.00 3,157.00 0 0.00 3157 3,157.00 100.0%
2.9 16"' B( E 122 LF 114.75 13,999.50 0 0.00 122 13,999.50 100.0%
2.1 16"' CJ EING 122 LF 34.00 4,148.00 0 0.00 122 4,148.00 100.0%
2.11 MANH EO-O 9 EA 1.890.00 17,010.00 0 0.00 9 17,010.00 100.0%
2.12 EX.D TH MANHOLE 39 VF 58.80 2.293.20 0 0.00 39 2,293.20 100.0%
2.13 CON" CT TO MANHOLE 1 EA 1,668.00 1,668.00 0 0.00 1 1,668.00 100.0%
2.14 ClEAI DuT 1 EA 296.60 296.60 0 0.00 1 296.60 100.0%
2.15 4'LO D. SERVICE 4 EA 1.632.00 6,528.00 0 0.00 0 0.00 0.0%
2.16 4" lOt SINGLE SERVICE 10 EA 1,627.95 16,279.50 0 0.00 0 0.00 0.0%
2.17 4"SH< T SERVICE 7 EA 570.00 3,990.00 0 0.00 7 3,990.00 100.0%
2.18 CONC TE OR. REPAIR 9 SY 35.00 315.00 0 0.00 0 0.00 0.0%
2.19 ASPH, ORNE REPAIR 6 SY 30.00 180.00 0 0.00 0 0.00 0.0%
2.20 ROCK RIVE REPAIR 121 IF 21.00 2,541.00 0 0.00 121 2,541.00 100.0%
2.21 18"0 200 LF 18.60 3,720.00 0 0.00 200 3,720.00 100.0%
2.22 YARD PE 4242 1 LS 1,500.00 1,500.00 1 1,500.00 1 1,500.00 100.0%
2.23 YARD PE 4220 1 lS 1,260.00 1.260.00 1 1,260.00 1 1,260.00 100.0%
2.24 YARD PE 4116 1 lS 1,200.00 1,200.00 0 0.00 0 0.00 0.0%
2.25 YARD PE 4025 1 lS 540.00 540.00 1 540.00 1 540.00 100.0%
2.26 YARD PE 4023 1 lS 720.00 720.00 1 720.00 1 720.00 100.0%
2.27 YARD PE 4018 1 lS 480.00 480.00 0 0.00 0 0.00 0.0%
2.28 YARD PE 4018A 1 lS 2,580.00 2,580.00 0 0.00 0 0.00 0.0%
2.29 YARD PE 4017 1 lS 660.00 660.00 0 0.00 0 0.00 0.0%
2.30 YARD PE 3910 1 lS 720.00 720.00 0 0.00 0 0.00 0.0%
2.31 YARD PE 3907 1 lS 420.00 420.00 1 420.00 1 420.00 100.0%
2.32 YARD PE 3908 1 lS 480.00 480.00 0 0.00 0 0.00 0.0%
2.33 YARD PE3906 1 lS 480.00 480.00 0 0.00 0 0.00 0.0%
2.34 YARD PE 3814 1 lS 720.00 720.00 0 0.00 0 0.00 0.0%
2.35 YARD PE 3821 1 lS 720.00 720.00 1 720.00 1 720.00 100.0%
2.36 YARD PE 3812 1 lS 720.00 720.00 1 720.00 1 720.00 100.0%
2.37 YARD PE 3805 1 lS 480.00 480.00 1 480.00 1 480.00 100.0%
2.38 YARD PE 3710 1 lS 480.00 480.00 1 480.00 1 480.00 100.0%
2.39 YARD PE 3711 1 lS 720.00 720.00 1 720.00 1 720.00 100.0%
VOL (p:; PAGE 2-1
,
. ELLIOTT CONSTRUCTION, LTD.
PO ~())(,;;. n \MI=I I HI ....ru T)( I fl:H:ll
2.40 YAF PIPE 3708 1 LS 720.00 720.00 1 720.00 1 720.00 100.0%
2.41 YAF. PIPE 3803 1 LS 900.00 900.00 1 900.00 1 900.00 100.0%
2.42 YAF. PIPE 3604 1 LS 480.00 480.00 1 480.00 1 480.00 100.0%
2.43 YA~ . PIPE 3512 1 LS 840.00 840.00 1 840.00 1 840.00 100.0%
2.44 YAF. PIPE 3500 1 LS 900.00 900.00 1 900.00 1 900.00 100.0%
2.45 YAR PIPE 3410 1 LS 900.00 900.00 1 900.00 1 900.00 100.0%
2.46 YAR PIPE 3416 1 LS 600.00 600.00 1 600.00 1 600.00 100.0%
2.47 PU~ SEPTIC TANK 28 EA 340.00 9,520.00 0 0.00 0 0.00 0.0%
2.48 ERe ON CONTROL 1 LS 720.00 720.00 0.1 72.00 0.85 612.00 85.0%
2.49 SEE NG 1 LS 1,500.00 1,500.00 0 0.00 0 0.00 0.0%
TOTAL CONTRACT 199,121.00 TOTAL WORK COMPLETE $157,370.50
MATERIALS ON HAND $0.00
SUB-TOTAL $157,370.50 79.0%
LESS 10% $15,737.05
SUB-TOTAL $141,633.45
LESS PREVIOUS PAYMENT $129,958.65
TOTAL ESTIMATE # 3 $11,674.80
,
VOL {gS- PAGE ;2rZ
f-
I
IX Document 8151''' -1997
viated Standard Form of Agreement Between Owner and Architect
AGREE
(In wo~
NT made as of the 13th day of December
indicate day, month and year)
in the year 2004
the Architect's client identified as the Owner:
dress and other infonnation)
unty, Texas
ners Court
6th Street
as 77803
Randy Sims, County Judge
and the
(Name,
chitect:
ress and other infonnation)
Wiginto
9696 S .
Dallas,
Telepho
Fax Nu
ooker Jeffry P.e. Architects
an Street, Suite 255
75243
Number: 214-349-5558
r: 214-349-2522
owing Project:
tailed description of Project)
Brazos
Highwa
Bryan, T
Design 0
Sheriffs
on a 9 ac
Anticipat
nty Sheriffs Administration Building
I
as
approximately 24,000 sf. facility to accommodate the Brazos County
dministration, Patrol and Investigations Divisions. The facility is to be located
site fronting on Highway 21 near the existing Juvenile Services building.
construction cost is between $3,500,000 and $4,000,000.
The Own and Architect agree as follows.
AlA Docum
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document w
User Notes:
VOL (g5 PAGE :z3
ADDITIONS AND DELETIONS: .
The author of this document has
added infonnation needed for its
completion. The author may also
have revised the text of the
original AlA standard fonn. An
Additions and Deletions Report
that notes added infonnation as
well as revisions to the standard
fonn text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
infonnation and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
1
ARTICLE
~ 1.1 Th
ARCHITECT'S RESPONSIBILITIES
rvices performed by the Architect, Architect's employees and Architect's consultants shall be as
in Articles 2, 3 and 12.
~ 1.2 The chitect's services shall be performed as expeditiously as is consistent with professional skill and care
and the 0 erly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the
perform i e of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include
allowanc for periods of time required for the Owner's review and for approval of submissions by authorities
having j diction over the Project. Time limits established by this schedule approved by the Owner shall not,
except fo : easonable cause, be exceeded by the Architect or Owner.
~ 1.3 The chitect shall designate a representative authorized to act on behalf of the Architect with respect to the
Project.
~ 1.4 The rvices covered by this Agreement are subject to the time limitations contained in Section 11.5.1.
ARTICLE SCOPE OF ARCHITECT'S BASIC SERVICES
~ 2.1 DEFI ION
The Arc ' t's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services
identified Article 12 as part of Basic Services, and include normal structural, mechanical and electrical
engineeri services.
chitect shall provide a preliminary evaluation of the Owner's program, schedule and construction
ements, each in terms of the other, subject to the limitations set forth in Section 5.2.1.
chitect shall review with the Owner alternative approaches to design and construction of the Project.
on the mutually agreed-upon program, schedule and construction budget requirements, the Architect
, for approval by the Owner, Schematic Design Documents consisting of two conceptual plan options
for future expansion. Based on the approved option the architect will prepare drawings, renderings,
and other documents illustrating the scale and relationship of Project components.
chitect shall submit to the Owner a preliminary estimate of Construction Cost based on current area,
'lar conceptual estimating techniques.
~ 2.3 DES I
~ 2.3.1 Bas
program, s
Developm
the Project
may be ap
DEVELOPMENT PHASE
on the approved Schematic Design Documents and any adjustments authorized by the Owner in the
edule or construction budget, the Architect shall prepare, for approval by the Owner, Design
t Documents consisting of drawings and other documents to fix and describe the size and character of
to architectural, structural, mechanical and electrical systems, materials and such other elements as
priate.
chitect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost.
~ 2.4 CONS
~ 2.4.1 Bas
of the Proj
Owner, Co
for the con
UCTION DOCUMENTS PHASE
on the approved Design Development Documents and any further adjustments in the scope or quality
or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the
truction Documents consisting of Drawings and Specifications setting forth in detail the requirements
ction of the Project.
~ 2.4.2 The chitect shall assist the Owner in the preparation of the necessary bidding information, bidding forms,
the Conditi . s of the Contract, and the form of Agreement between the Owner and Contractor.
AlA Documen 151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
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2
VOL (p5 PAGE ~ 'I
~2.4.3
Cost in
Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction
ated by changes in requirements or general market conditions.
Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
r the approval of governmental authorities having jurisdiction over the Project.
NG OR NEGOTIATION PHASE
ect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate
ction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and
. ontracts for construction. County shall be responsible for printing and distribution of bid documents.
TRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT
Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement
s with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the
e final Certificate for Payment or 60 days after the date of Substantial Completion of the Work.
Architect shall provide administration of the Contract for Construction as set forth below and in the
A Document A201, General Conditions of the Contract for Construction, current as of the date of this
unless otherwise provided in this Agreement. Modifications made to the General Conditions, when
part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they
nt with this Agreement or approved in writing by the Architect.
~ 2.6.3 D t es, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be
restricted odified or extended without written agreement of the Owner and Architect with consent of the
Contract 'which consent will not be unreasonably withheld.
chitect shall be a representative of and shall advise and consult with the Owner during the
on of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner
' xtent provided in this Agreement unless otherwise modified by written amendment.
~ 2.6.5 Th
Contracto
generally
complete
general if
accordanc
continuou
over or ch
for safety
responsibi
.3
chitect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the
operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become
'Iiar with and to keep the Owner informed about the progress and quality of the portion of the Work
2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
e Work is being performed in a manner indicating that the Work, when fully completed, will be in
ith the Contract Documents. However, the Architect shall not be required to make exhaustive or
n-site inspections to check the quality or quantity of the Work. The Architect shall neither have control
e of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or
cautions and programs in connection with the Work, since these are solely the Contractor's rights and
'es under the Contract Documents.
up to two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor.
up to twenty-four (24) visits to the site by the Architect over the duration of the Project during
construction.
up to two (2) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents.
up to two (2) inspections of any portion of the Work to determine final completion.
.4
~ 2.6.6 The
recent con
Contractor
Architect s
charge of a
employees,
chitect shall report to the Owner known deviations from the Contract Documents and from the most
ction schedule submitted by the Contractor. However, the Architect shall not be responsible for the
failure to perform the Work in accordance with the requirements of the Contract Documents. The
, I be responsible for the Architect's negligent acts or omissions, but shall not have control over or
shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
. r of any other persons or entities performing portions of the Work.
~ 2.6.7 The
chitect shall at all times have access to the Work wherever it is in preparation or progress.
AlA Documen 1511M -1997. Copyright ~ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
AlAe Docume is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or 3
any portion 0 I may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
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VOL /;~ PAGE ~ 6
~ 2.6.14
date of
records
Contra
compli
he Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
al completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and
. 'tten warranties and related documents required by the Contract Documents and assembled by the
r, and shaH issue a final Certificate for Payment based upon a final inspection indicating the Work
with the requirements of the Contract Documents.
e Architect shall interpret and decide matters concerning performance of the Owner and Contractor under,
ements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's
,osuch requests shall be made in writing within any time limits agreed upon or otherwise with reasonable
s.
~ 2.6.16
from th
andiniti
shall no
good fai
terpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
. ontract Documents and shall be in writing or in the form of drawings. When making such interpretations
decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor,
how partiality to either, and shall not be liable for results of interpretations or decisions so rendered in
~ 2.6.17
Owner
relating
e Architect shall render initial decisions on claims, disputes or other matters in question between the
Contractor as provided in the Contract Documents. However, the Architect's decisions on matters
aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
~ 2.6.18 e Architect's decisions on claims, disputes or other matters in question between the Owner and
Contract ,except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation
and arbi tion as provided in this Agreement and in the Contract Documents.
ARTICLE ADDITIONAL SERVICES
~ 3.1 GE i RAL
~ 3.1.1 T I services described in this Article 3 are not included in Basic Services unless so identified in Article 12,
and they . all be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic
Services. he services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in
writing b the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to
circums ces beyond the Architect's control, the Architect shall notify the Owner prior to commencing such
services. the Owner deems that such services described under Section 3.3 are not required, the Owner shall give
prompt tten notice to the Architect. If the Owner indicates in writing that all or part of such Contingent
Addition 'Services are not required, the Architect shall have no obligation to provide those services.
CT REPRESENTATION BEYOND BASIC SERVICES
re extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall
or more Project Representatives to assist in carrying out such additional on-site responsibilities.
~ 3.2.2 Pr ct Representatives shall be selected, employed and directed by the Architect, and the Architect shall be
compens t d therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority
of Projec epresentatives shall be as described in the edition of AlA Document B352 current as of the date of this
Agreeme unless otherwise agreed.
ugh the presence at the site of such Project Representatives, the Architect shall endeavor to provide
ction for the Owner against defects and deficiencies in the Work, but the furnishing of such project
on shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in
. ent.
GENT ADDITIONAL SERVICES
ng revisions in drawings, specifications or other documents when such revisions are:
inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
required by the enactment or revision of codes, laws or regulations subsequent to the preparation of
such documents; or
B151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
t is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or
It, may result in severe cIvil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
. roduced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not for resale.
(3621031476)
5
VOL (p!; PAGE :27
3 due to changes required as a result of the Owner's failure to render decisions in a timely manner.
~ 3.3.2 viding services required because of significant changes in the Project including, but not limited to, size,
quality, , mplexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction,
except services required under Section 5.2.5.
~ 3.3.3 paring Drawings, Specifications and other documentation and supporting data, evaluating Contractor's
proposa . and providing other services in connection with Change Orders and Construction Change Directives.
~ 3.3.4 P viding services in connection with evaluating substitutions proposed by the Contractor and making
subsequ t revisions to Drawings, Specifications and other documentation resulting therefrom.
~ 3.3.5 P viding consultation concerning replacement of Work damaged by fire or other cause during construction,
and 'ng services required in connection with the replacement of such Work.
~ 3.3.6 P iding services made necessary by the default of the Contractor, by major defects or deficiencies in the
Work of e Contractor, or by failure of performance of either the Owner or Contractor under the Contract for
Construc n.
~ 3.3.7 P
connecti
iding services in evaluating an extensive number of claims submitted by the Contractor or others in
with the Work.
~ 3.3.8 Pc 'ding services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding
except w re the Architect is party thereto.
~ 3.3.9 Pc aring documents for alternate, separate or sequential bids or providing services in connection with
bidding, . otiation or construction prior to the completion of the Construction Documents Phase.
~ 3.4 OPT NAL ADDITIONAL SERVICES
~ 3.4.1 PI' . iding analyses of the Owner's needs and programming the requirements of the Project.
~ 3.4.2 Pr 'ding financial feasibility or other special studies.
~ 3.4.3 Pr . ding planning surveys, site evaluations or comparative studies of prospective sites.
~ 3.4.4 Pr ding special surveys, environmental studies and submissions required for approvals of governmental
authoritie 'r others having jurisdiction over the Project.
~ 3.4.5 Pr ding services relative to future facilities, systems and equipment.
, ding services to investigate existing conditions or facilities or to make measured drawings thereof.
ing services to verify the accuracy of drawings or other information furnished by the Owner.
ing coordination of construction performed by separate contractors or by the Owner's own forces and
. of services required in connection with construction performed and equipment supplied by the Owner.
ing services in connection with the work of a construction manager or separate consultants retained by
,'ding detailed estimates of Construction Cost.
'ding detailed quantity surveys or inventories of material, equipment and labor.
. ding analyses of owning and operating costs.
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151TU -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA- Document, or
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
uced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not for resale.
(3621031476)
6
VOL (pS PAGE :z 3
~ 3.4.13 roviding interior design and other similar services required for or in connection with the selection,
procur ent or installation of furniture, furnishings and related equipment.
~ 3.4.14 oviding services for planning tenant or rental spaces.
~ 3.4.15 aking investigations, inventories of materials or equipment, or valuations and detailed appraisals of
existing cilities.
~ 3.4.16
constru
eparing a set of reproducible record drawings showing significant changes in the Work made during
n based on marked-up prints, drawings and other data furnished by the Contractor to the Architect.
~ 3.4.17 oviding assistance in the utilization of equipment or systems such as testing, adjusting and balancing,
prepara of operation and maintenance manuals, training personnel for operation and maintenance, and
consulta' n during operation.
~ 3.4.18
final Ce
~ 3.4.19
enginee
~ 3.4.20
accordan
ARTICLE
~ 4.1 The
Project, i
including
requirem
necessary
~ 4.2 The
Cost, the
viding services after issuance to the Owner of the final Certificate for Payment, or in the absence of a
tcate for Payment, more than 60 days after the date of Substantial Completion of the Work.
, viding services of consultants for other than architectural, structural, mechanical and electrical
portions of the Project provided as a part of Basic Services.
viding any other services not otherwise included in this Agreement or not customarily furnished in
with generally accepted architectural practice.
OWNER'S RESPONSIBILITIES
wner shall provide full information in a timely manner regarding requirements for and limitations on the
luding a written program which shall set forth the Owner's objectives, schedule, constraints and criteria,
ace requirements and relationships, flexibility, expandability, special equipment, systems and site
. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information
d relevant for the Architect to evaluate, give notice of or enforce lien rights.
er shall establish and periodically update an overall budget for the Project, including the Construction
er's other costs and reasonable contingencies related to all of these costs.
er shall designate a representative authorized to act on the Owner's behalf with respect to the Project.
r such designated representative shall render decisions in a timely manner pertaining to documents
the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
ervices.
~ 4.4 The er shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable rades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage;
rights-of- , restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, . ensions and necessary data with respect to existing buildings, other improvements and trees; and
informatio I onceming available utility services and lines, both public and private, above and below grade,
including i efts and depths. All the information on the survey shall be referenced to a Project benchmark.
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er shall furnish the services of geotechnical engineers when such services are requested by the
. ch services may include but are not limited to test borings, test pits, determinations of soil bearing
.lation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including
. rations for anticipating subsoil conditions, with reports and appropriate recommendations.
er shall furnish the services of consultants other than those designated in Section 4.5 when such
quested by the Architect and are reasonably required by the scope of the Project.
151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
s protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or
may result In severe civil and crlmlnat penalties, and will be prosecuted to the maximum extent possible under the law. This
duced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not for resale.
(3621031476)
7
VOL (p~ PAGE ;ZCJ
~ 5.2.2 N
proposal
the partie
for desig
constructi
Project a
to the fixe
after exec
Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for
materials; and other laboratory and environmental tests, inspections and reports required by law or the
I ocuments.
Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the
meet the Owner's needs and interests. Such services shall include auditing services the Owner may
verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor
e money paid by or on behalf of the Owner.
ervices, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the
xpense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
. Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
e Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
CONSTRUCTION COST
1TI0N
Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost
er of all elements of the Project designed or specified by the Architect.
Construction Cost shall include the cost at current market rates of labor and materials furnished by the
' equipment designed, specified, selected or specially provided for by the Architect, including the costs of
' nt or supervision of construction or installation provided by a separate construction manager or
plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
ies shall be included for market conditions at the time of bidding and for changes in the Work.
struction Cost does not include the compensation of the Architect and the Architect's consultants, the
land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in
NSIBILITY FOR CONSTRUCTION COST
uations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed
: f Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design
. I familiar with the construction industry. It is recognized, however, that neither the Architect nor the
' control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
er competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does
. or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any
Construction Cost or evaluation prepared or agreed to by the Architect.
xed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,
. establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by
. ereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies
idding and price escalation, to determine what materials, equipment, component systems and types of
' are to be induded in the Contract Documents, to make reasonable adjustments in the scope of the
to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost
limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring
on of the Contract for Construction.
~ 5.2.3 If . Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construc . , Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to
reflect ch es in the general level of prices in the construction industry.
xed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona
egotiated proposal, the Owner shall:
give written approval of an increase in such fixed limit;
authorize rebidding or renegotiating of the Project within a reasonable time;
terminate in accordance with Section 8.5; or
B151T11-1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
t is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or 8
' may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
roduced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not for resale.
(3621031476)
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cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
~ 5.2.5 I
modify
fixed li
Owner s
e Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall
documents for which the Architect is responsible under this Agreement as necessary to comply with the
. , if established as a condition of this Agreement. The modification of such documents without cost to the
I be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to
' . on in accordance with this Agreement for all services performed whether or not the Construction Phase is
d.
ARTICL
~ 6.1 Dr
and the
and the
and shal
USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
ings, specifications and other documents, including those in electronic form, prepared by the Architect
'chitect's consultants are Instruments of Service for use solely with respect to this Project. The Architect
hitect's consultants shall be deemed the authors and owners of their respective Instruments of Service
tain all common law, statutory and other reserved rights, including copyrights.
execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the
Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided
er shall comply with all obligations, including prompt payment of all sums when due, under this
'. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with
. ent. Any termination of this Agreement prior to completion of the Project shall terminate this license.
. termination, the Owner shall refrain from making further reproductions of Instruments of Service and
to the Architect within seven days of termination all originals and reproductions in the Owner's
or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing
I be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
' er similarly credentialed design professionals to reproduce and, where permitted by law, to make
: rrections or additions to the Instruments of Service solely for purposes of completing, using and
the Project.
~ 6.3 Exc for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied
under this greement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted h in to another party without the prior written agreement of the Architect. However, the Owner shall be
permitted authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
reproduce plicable portions of the Instruments of Service appropriate to and for use in their execution of the Work
by license anted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory
requireme or for similar purposes in connection with the Project is not to be construed as publication in
derogatio f the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the
Instrumen of Service for future additions or alterations to this Project or for other projects, unless the Owner
obtains th rior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the
Instrumen I of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultant .'
~ 6.4 Prior the Architect providing to the Owner any Instruments of Service in electronic form or the Owner
providing the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the
Architect s ' I by separate written agreement set forth the specific conditions governing the format of such
Instrument ! f Service or electronic data, including any special limitations or licenses not otherwise provided in this
Agreemen
ISPUTE RESOLUTION
ION
aim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.
: relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed
with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter
or by arbitration.
~ 7.1.2 The. wner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by me ation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
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151T11-1997. Copyright @ 1974, 1978, t987 and 1997 by The American Institute 01 Architects. All rights reserved. WARNING: This
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
uced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not lor resale.
(3621031476)
9
VOL 0:> PAGE ~J
ediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be
.ting with the other party to this Agreement and with the American Arbitration Association. The request
' ade concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in
. f arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60
the date of filing, unless stayed for a longer period by agreement of the parties or court order.
~ 7.1.3 e parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where I Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enfor able as settlement agreements in any court having jurisdiction thereof.
(Paragr . hs deleted)
~ 7.3 CIS FOR CONSEQUENTIAL DAMAGES
The Arc .' ect and Owner waive consequential damages for claims, disputes or other matters in question arising out
of or rei . g to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to ei party's termination in accordance with Article 8.
TERMINATION OR SUSPENSION
Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
substantial nonperformance and cause for termination or, at the Architect's option, cause forsuspension
. ce of services under this Agreement. If the Architect elects to suspend services, prior to suspension of
. e Architect shall give seven days' written notice to the Owner. In the event of a suspension of services,
, t shall have no liability to the Owner for delay or damage caused the Owner because of such suspension
Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
the interruption and resumption of the Architect's services. The Architect's fees for the remaining
the time schedules shall be equitably adjusted.
ARTICLE
~ 8.1 If
conside
of perfo
services,
the Archi
of servic
incurred .
services
~ 8.2 Ifth roject is suspended by the Owner for more than 30 consecutive days, the Architect shall be
compens 'd for services performed prior to notice of such suspension. When the Project is resumed, the Architect
shall be c pensated for expenses incurred in the interruption and resumption of the Architect's services. The
Architect' ! fees for the remaining services and the time schedules shall be equitably adjusted.
roject is suspended or the Architect's services are suspended for more than 90 consecutive days, the
y terminate this Agreement by giving not less than seven days' written notice.
greement may be terminated by either party upon not less than seven days' written notice should the
ail substantially to perform in accordance with the terms of this Agreement through no fault of the party
termination.
eement may be terminated by the Owner upon not less than seven days' written notice to the Architect
r's convenience and without cause.
vent of termination not the fault of the Architect, the Architect shall be compensated for services
'or to termination, together with Reimbursable Expenses then due and all Termination Expenses as
ction 8.7.
tion Expenses are in addition to compensation for the services of the Agreement and include expenses
utable to termination for which the Architect is not otherwise compensated, plus an amount for the
nticipated profit on the value of the services not performed by the Architect.
ISCELLANEOUS PROVISIONS
eement shall be governed by the law of the principal place of business of the Architect, unless
. vided in Article 12.
this Agreement shall have the same meaning as those in the edition of AlA Document A20I, General
the Contract for Construction, current as of the date of this Agreement.
151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA. Document, or 10
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
uced by AlA software at 09:09:27 on 12/10/2004 under Order No. 1 000095439_1 which expires on 1/31/2005, and Is not for resale.
(3621031476)
vOlto5 PAGEM
~9.3C
have ac
Substan
the fina
such sta
complet
es of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
ed and the applicable statutes of limitations shall commence to run not later than either the date of
I Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of
ertificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall
tes of limitations commence to run any later than the date when the Architect's services are substantially
~ 9.4 To
all righ
excepts
A201,
the Arc
similar
e extent damages are covered by property insurance during construction, the Owner and Architect waive
gainst each other and against the contractors, consultants, agents and employees of the other for damages,
h rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document
. eral Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or
. ct, as appropriate, shall require of the contractors, consultants, agents and employees of any of them
ivers in favor of the other parties enumerated herein.
wner and Architect, respectively, bind themselves, their partners,successors, assigns and legal
'ves to the other party to this Agreement and to the partners, successors, assigns and legal representatives
er party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign
ent without the written consent of the other, except that the Owner may assign this Agreement to an
' I lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and
under this Agreement. The Architect shall execute all consents reasonably required to facilitate such
greement represents the entire and integrated agreement between the Owner and the Architect and
all prior negotiations, representations or agreements, either written or oral. This Agreement may be
ly by written instrument signed by both Owner and Architect.
g contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
against either the Owner or Architect.
otherwise provided in this Agreement, the Architect and Architect's consultants shall have no
ty for the discovery, presence, handling. removal or disposal of or exposure of persons to hazardous
toxic substances in any form at the Project site.
~ 9.9 The
among th
complete
confidenti
informati
for the Ar
chitect shall have the right to include photographic or artistic representations of the design of the Project
' chitect's promotional and professional materials. The Architect shall be given reasonable access to the
roject to make such representations. However, the Architect's materials shall not include the Owner's
or proprietary information if the Owner has previously advised the Architect in writing of the specific
I considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit
'tect in the Owner's promotional materials for the Project.
Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall
. ed to execute certificates that would require knowledge, services or responsibilities beyond the scope of
nt.
ARTICLE 1
~ 10.1 DIR
Direct Per
portion of
taxes and
and simil
PAYMENTS TO THE ARCHITECT
T PERSONNEL EXPENSE
eI Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the
cost of their mandatory and customary contributions and benefits related thereto, such as employment
er statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans
ontributions.
URSABLE EXPENSES
bursable Expenses are in addition to compensation for Basic and Additional Services and include
ed by the Architect and Architect's employees and consultants directly related to the Project, as
e following Clauses:
151111-1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 11
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
uced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not for resale.
(3621031476)
VOL (p~ ,PAGE 33
ere compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for
es in each phase shall total the following percentages of the total Basic Compensation payable:
tional phases as appropriate.)
chematic Design Phase: Fifteen percent ( 15 %)
esign Development Phase: Twenty percent ( 20 %)
onstruction Documents Phase: Forty percent ( 40 %)
idding or Negotiation Phase: Five percent ( 5 %)
onstruction Phase: Twenty percent ( 20 %)
Zero percent ( %)
otal Basic Compensation one hundred percent ( 100.00 %)
ENSATlON FOR ADDITIONAL SERVICES
Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be
. follows:
On a mut Iy agreeable stipulated fee, or failing this at the Architect's and Engineers' standard billing rates.
~ 11.3.2 F Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project
Represen . on, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but
excluding rvices of consultants, compensation shall be computed as follows:
(Insert ba ;' of compensation. including rates and multiples of Direct Personnel Expense for Principals and
employee nd identify Principals and classify employees, if required. Identify specific services to which particular
methods 0 ompensation apply, ifnecessary.)
On a mut ,Iy agreeable stipulated fee, or failing this, on the basis of time spent at the hourly rate of 2.75 times
direct pers el expense of staff.
~ 11.3.3 F
engineerin
Services,
(Identify s
dditional Services of Consultants, including additional structural, mechanical and electrical
, services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional
ultiple of one and three-tenths ( 1.3 ) times the amounts billed to the Architect for such services.
cific types of consultants in Article 12, if required.)
~ 11.4 REI
For Reim
Reimburs
Architect'
URSABlE EXPENSES
sable Expenses, as described in Section 10.2, and any other items included in Article 12 as
e Expenses, a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, the
mployees and consultants directly related to the Project.
IONAl PROVISIONS
Basic Services covered by this Agreement have not been completed within Twenty-four ( 24 )
e date hereof, through no fault of the Architect, extension of the Architect's services beyond that time
pensated as provided in Sections 10.3.3 and 11.3.2.
. ents are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts
y-one ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence
, legal rate prevailing from time to time at the principal place of business of the Architect.
if interest agreed upon.)
(Usury la
and other
elsewhere
or modific
,and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
ulations at the Owner's and Architect's principal places of business, the location of the Project and
, y affect the validity of this provision. Specific legal advice should be obtained with respect to deletions
ons, and also regarding requirements such as written disclosures or waivers.)
AlA Docume
AlAe Docum
any portion
document wa
User Notes:
151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
Is protected by U.S. Copyright Lew end International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or
, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
reduced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and is not for resale.
(3621031476)
13
VOL &6 PAGE .36
~ 11.5.3 T
salary rev
rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal
practices of the Architect.
OTHER CONDITIONS OR SERVICES
riptions of other services, identify Additional Services included within Basic Compensation and
s to the payment and compensation terms included in this Agreement.)
ering and Landscape Design Consultants shall be mutually agreed upon by Owner and Architect.
on for such consultants shall be reimbursed to the Architect by the Owner as a direct cost.
ent entered into as of the day and year fIrst written above.
OWNER
(Sign re)
Thomas A. Hooker, AlA, Vice President
(Printed name and title)
AlA Docume
AlAe Docum
any portion
document w
User Notes:
B151TM -1997. Copyright @1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA- Document, or
t, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
roduced by AlA software at 09:09:27 on 12/10/2004 under Order No.1 000095439_1 which expires on 1/31/2005, and Is not for resale.
(3621031476)
14
VOL iPS PAGE. 3~
DEC-ag-04 T 12:45 PM DAHILL INDUSTRIES
I'LL
TRIES
FAX NO. 9797747642
Maintenance
Agreement
Connecting CUI.to ,. rs To TOlal Solutions
........-.........--.--
Order Date:
.2 ~/,)-'
ServIce"lOca
Name--".'-
-t:cti,e Date:", Customer No:
___i:'.~ ,'.'i; ....J. ',::.:. ~:"'Y'1':":':<I..':'>", ,\~. . .. Bill To:
Name
Address
Clty/SlaleJZip
Conlsol <<__:'.;
f'?.... I
Hours of 6Pew~tion: .
~~""'.".--'M-"'.-
, "/ I .
' .
Z:t'..
---0&L.:<'
:3,"":.rcu- t:? ) f"
.....'.,'-----..~.. __'n__.__." ."--.
.~
.....---.-.....,.
"I .'
- .. ------ .........,-".--
~.eeclal JnFti.u-c .
-'i~nancp' J.riclude$: '~;1' ,.' '. ':.' .'
rope~ DFax Option ~
DPrlnt Controller
gP;rts, Labor & Travel
.', ,
............
---.......~,.___..__r--.., .'
Lease No:
I
tJl', 'I'
Address
Cily/SlateJZip
Contact
Term of Agreement
"l II
:,.:~ ';
Austin
Bryan
Corpus Christi
Dallas
Harlingen
Laredo
San Antonio
Tyler
I," ,
",:,...~O'.
, ,I' I" ,
,,;,., .'
p, 02
512.836.2100
979.774-2200
361.289.0900
817-329.1017
956-425.3010
956.724-8188
210.&05.8200
903-509.8200
SuiteIBldg.
County
Phone
J Dale
-
Account Manager
?J-/~ (), (-11
. Tilfe
.~~~_M-"_\n..,~..._.
VOL ~5 PAGE 37
...., .";-:;~'" ;':",' r,AdditlonallCo 'ie-slSeln. Pr:k;e',
From: .0 ocJ To: + Cost: ,01(_
From: To : Cost:
From: To : Cost:
':.' ',:.,..... '::-:". '",; Electr~caI'.Reqaiirem8nts:.'. J:... .
msole Use Circuit
DDedicated Line
DSpecial:
,"
1.
'rERM
Thill \!Q,,,(,,nl!llll
DCCUrll fln't) pm
malnlQn~ncll ag
eubjllct to Bny p
Ihl!lfBllftur.
fIll IiocOtN> efrucllVEI upon rt!CAipl by DahPllndullttl6$ln accordOllco \0 I'~ml. molnlen.,nce oharge and mllXlmum numt>or 0' llopleo(whichewr
~d on Ihll reverall akle 1I0IClOf, Unl86s nollfiBel!n wrlllnQ sixty (eo) dily~ prlot' to the oxpl(alion date hereof by tho ClI$lorn0r Dr Dllh," Indu6lr1e6, UlIs
m~nllilha'l pI'! ..uiomllHoally (onewecllor lhflll"me SUCte$~\v1i purlod of Ufl~ upon IIltl Si!lmo terms and condlUo~ as :.lilled herein and shnD bo
Iralalnr.reeae (I&CUl;SilrY to conform lo lhlllh"" Oilhilllnduslrlll:> rules (nol 10 llxcood 10% par year) and al any Iwelve (12) monlh Inlorvtll
z.
CANCELLATIO
Thl..llgree.nant "lY not be trlln!llel'rUd If Iho equlpmenlla HOld OJ lIt!e Is Ir,tn:lforrod, This agtegm<lnlls non.c,;moolablA ar rafunda~IB.
s.
flRl3ACH OR 0
If Ihe cllStamer
equlpmQnl or (t>
Inr.:ludlng thl) rA
All lIqulpmcnt 5
(1) Mile
(2) MI,,;
(3) M~
(4) On!-
lllho Qutll1'lttlo,.
lnduatrlas mil)!
AUI.T
1I not pay flU cI1l1rgos 'or mAlntAnanCE! ar parts as ptovidod htreuhdor, prompUy when due: (1) 011 hili IndustrIes may (El) retUlle 10 &aNlcIlll1a
mlah Ilfilrviclj an II G.O.D. "Per Call" hllSillllt published ral9s and (2) tha tLb1Ot'tlar agroCi:s Lo pay DllhllllndllBlrle.. co~l and expenll&ll of cClllecUon
nallllllltlornay'q fGe potmltllld by Inw In lIddllion \0 aft olher righls and ",medieS avaUable to Dahill Industrif\$.
hy Dll hili 1 ndualrias Is dea!gnod 10 Olvo excellent perfarrTIllnce when opfilralsl;l wllhln Ihe rollololling guIdelines:
66 mUlt ~ placeclln Ii normal office oeUlng free from sxcssslve dua~ l1umldlly, tsmperalunl and ammonia tum4*;.
lell musl be opeRlts<l on an leola1OO oleclrll1l\llIne (If 8Q oowd OIl raVElt1le ~ldq af thlll documenl).
c;R should be cp6Rllell within 1M specHIod voIumQ limitations.
uppn.ti wttnln manufaciurer I'IIqUlred .pllolflcal!Qne should be utl6d.
ul'tllMl any machine Qut.lde ,tie aballe IIo1fld Iluldellnes and thereby e<lUllGS abnonnally fl'llquent I18rvlce c:allli or G4lrvlco probloms, U10n Dahill
h!l option, tennlnllLe \hI. aareemenllnlmfldlatflly. In ihlIt ova nt, \he customer wtn be offered &e1VlC8 on a "per taU' bnals at publlllhod ralOS.
4, RE\..OCI\TION
Eluyer f10raea n Ie) ralooate fhlllllqulpmonl subjecl to thll Mllintenance Aglllel11llnt portion of Ihls agtElement ouislde of Dahllllndu5trlo1lll(;lrvlclng aroll onllln thll
event of such r. Q~lIon Buyer agroea ItJQllhlll agtfl6ment 8MIIIlll ~lImed termlnatsd py BIl~r und Buyur agmoo to IX'Y balnnoe remaln!nQ on "IlroElmanl.
6.
NO WARRANT
OIl18f Ih3n 1t~~
WAFmANTil-:r"
RESF'ONSIt31.
PE~FORM~N .
!t;l11!l{Jn, (leI forth herein. DAHILL INDUSTRIES DISCLAIMS ALL WARRANTIES. EXPRfiSS OR IMPUSJ, INCLUDING #oN IMPLIED
~ MERCHANTAI:IILITY. FITNESS Fo~ USE OR FITNESS FOR A PARTICULAR PURPOSE. DAHILl-INDUSTRIES SHAll. Nor I'IE;
o~ DlRECi,INCIOE:;NTAl.. OR CONSEQUENTIAL DAMAGES. INCLUDING BUT NOT L.IMITED TO, DAMAGES ARISING OUT OF Tl-IE us!: OR
or- 'tHE EQUIPMENT OR THE LOSS OF USE or- Tl-I~ E:QUIPMENT AND CUSTOMER HEREBY W/WES ANY Ct..AIM3 THEREBY.
1$.
PARTS AND s
D~hlll IlldLJ~tfil3
c:afl~uml'l(1 to If
'F'~U::S
III f8lalll ttllll 10 all ~I.lPllll6s furnlllhlld hlilTeUndar. Including COflliiumabla parts al.l~h ~ dtUII'I I'Elmalns, wllh OtlhJIIlnduelr1es untllllllld liiuppllee an.
xl~nt thElY mElY not be tur1her utlllzlld In lhlj copy mll~lng proces".
7.
ASSIONMt:'NT
No alllllon\'l"lI'lnt
..:my rights thereunder shllll be I/lllld liS to Dahllllndu61rles I.Inlees con6ented to In WIlling In advance Ily Ilame.
6. COMf>Lr:rr.,h,'. ~i"RM€N1'
auym soc~lr,c,~ (':ttues (hot NO OTHER reprm;enta~on&, consllluUoml or warl'6nllei> other than 1110:16 5et speclncally In wrttln(l herein have peen made 0( l1BW
baon rc\!i;:.d nil ho:. rrnlkltlg of Ihls tlllrOemllnl
9. RECONDITiO; I. C::1
nll~ &ow<3IPsn lJill( "ot 1r;(;\Uda: in shop I'llcondlllonll1g Dr Dvem,l1,tllng thEll raqulrllll major dl!l.!lSlilllmlHy. TOa l1lp!acemont or \fays, doors & covom c<luse:d by
licc:lcle.r.t or ml~ I fr. Tp" repair:; nllcosallllted by the US8 of toner not consi5lent with thB modfill copier listed on rBVal1l8 sldB.
10. CHARGeS
rho InlUni d 1;''- ,'or tfl<<lnl(JnmlC6 undBt Ihls $!Ir89me"t shan be the smounl sal forth es !he "Rata" on the reversed side hereof. The malntenllooe chargeR wIth
ru:specllfl;lllY t, m~bl! l/;rrn will 00 Dahllllnduslrllls c:I1altJeln stlee! at ths time of I1lnewal. CUlItomer lfgl'8tlG 10 pay tho total at all chllrges tor malnlllrlllnce lIurlng
thfO lnlliul t.l\1Tl (C:! My (B(\tIwaI111m1 within 10 days of lhllllale gf Pahm Industries fnvolCfl for !JUch cMrgsfi. CLl!llomer undyn;lilnds thol allomUoll8. Att!lchmenlll or
s~nc:.iJtiC\n ". t gOE lla'j raqulto an Increase In malnlenance charg~ ,lOd agrees \0 PIIY eucI) promptly when dUB. DahW Ind~lrIoo ll; hllrl:lby aulhorill:f\d 10 offsat
any PM\ b"",1l ,,\v";r~l( llt(lQunt!; duo CultOmer allilnnlnaUon. CUSTOMER AGREE:S THAT, SHOULD TH~ HAVE ANY PAST DUE. BALANCES WITH DAHIll
INDUSTlllfS . r~ ANY REASON, 8ERVIC~ UNOe~ 'niIS AGREE.MENTWILL BE SUSPENDED UNTIL SUCH PAST OUE BAlANCES SHALL HAVE e~EN
r.Al1SFIED. I <VIlH hl(\lJatrlsll doss not I'llealvo Iho current month copyoounl, the currenl month Malnlen8nc:o AgreElmartt cIlargea wlU lie ej;l/m~tod.
11. SERVICE \1,;)1 . 10
In lha flV~''11 ~f ca 'II re'lu"~iad by iha CU6\Dmer ollll!r Ihlltl 8.,00.5:00 Mottday -Frldu\f. II will bo pl'Ovldod, If available wUh forty eight hour prlor nQIlCfil, lll,lbject 10 tho
followlno r"to~; Ql'\!lce parfOfmed on SlIlul'day belwson 8;00 a.m. and !l:OO p.m., will PQ lit One and onc-holf limes the prevalUng hourly rale. Servfce perfomlfld eltlilr
6:00 p,rn, to m I"ht, Sundey cnd holldaya wfII be chargfilll twlCIIlhe hourly rale.
12. CONNF.GT~:D. ;f'ifRJPR!NTERS
ConnAct~d "'11 I. mRnt will be col/9red up 10 tho compuler/network connection. SorvlC(} calls pl'Oducod by compulerlnliltwork problem& may b.. blll~d ut curronl
putJllr.h<'c: 'nlll. .
,:;;"id IAr Y L
VOL &6 PAGE 38
.-
REQUEST FOR SALVAGE DESIGNATION
1. eezers (2)
2. efrigerator (3)
3. I ater fountain
4. 0 gallon water heater
5. eater
6. eger 8 foot folding tables (9)
7. . alculator (3)
8. ypewriter (2)
9. icrowave
10 i hairs rolling (4)
11 , hairs stationary (1)
12 able organizer
13 drawer wood file cabinet brkn top, rain damage
broken/poor condition
broken/poor condition
condition unkown
condition unkown
condition unkown
missing legs etc.
not working
not working
condition unkown
condition unkown
condition unkown
condition unkown
poor condition
This p . perty was offered to Brazos County departments with no response, then
advert . d at public auction with no bids received.
APPROVED:
VOL &~ PAGE 39
date
I.
4t:J3
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPART NT Road and Bridae
DATE OF OURT MEETING: December 14. 2004
NUMBER 560010
ITEM: Re uest from Verizon Communications to construct 2 road bores and
a
I 2 623 ft. of arallel cable installations in the ri
Road. Sit is located in Precinct 1.
SOURCE
REQUIRE
1.
2.
4.
Richard F.
County E
CC04-123
This Req
Date:
3.
F FUNDS: N/A
ENTS:
No work will be permitted between front slope and/or back slope.
All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-
way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
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.
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 furnished to the office of the Brazos County Engineer.
Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Hiqhwavs, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
5.
QUESTED OR ALTERNATIVES:
APPROVED BY:
~f~~
Commissioner Eric Caldwell
Precinct 1
Commissioners' Court
VOL toc.; PAGE LfO_
~'
-
Ver'701)
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
Rich d Vance
Braz County Engineering Office
Cou I Engineer
261 I . Hwy. 21
Brya . TX 7780;3
r. Vance:
t: AGRMNTS 24
BURIED GABLE
ed are From ED-135 and a work location sketch showing the location of our
. ed buried cable line on county roads in Brazos County at College Station,
ork is to be completed on Work Order 5416-3P002YH which is scheduled for
10, 2004. If you have any questions concerning this work, please contact
s Allen at our office in Bryan, telephone 979-8214761 within 15 days so that we
plain of modify our proposal, otherwise, it is understood that this proposal is
ed.
~
mold
isor - Network Engineer
VOL to5 PAGE _ 4-1___
--.-
VE ZON COMMUNICATION
Notice of
Line Installation
December 8, 2004
Commissioner's Court of Brazos County
TION COUNTY JUDGE:
I notice is hereby given that VERIZON COMMUNICATIONS will construct
munication line within the right-of-way of a County Roads in Brazos
, ,Texas as follows:
Dowling Road North starting 118' east of Marion Pugh Drive a
uried cable will be placed 2' in the north R.O.W. of Dowling Road
nding west for a distance of 2623' at a depth or 30".
location and description of this line and associated appurtenances is
mar . ully shown by two (2) copies of drawings attached to this notice. The line
will . constructed and maintained on the County Road right-of-way in
acco ance with governing laws.
'thstanding any other provision contained herein, it is expressly
tood that the tender of this notice by the Verizon Southwest Incorporated
ot constitute a waiver, surrender, abandonment or impairment of any
prop rights, franchise, easement, license, authority, permission, privilege or
right ,ow granted by law or may be granted in the future and any provision or
provi ons so construed shall be null and void.
struction ofthis line will begin on or after January 10, 2005.
ON COMMUNICA liONS
~Z
mold '
isor-Network Engineer
301 I ustrial Blvd.
Brya ' TX 77803
5416.3P002YH
/)1{ A~ ~t4~~.
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