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Home My WebLink About2005-02-08-9:00AM-Regularik r" - ► + L1 BRAZOSCOUNTY, ,-D BRYAN, TE S NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSIO ON 8 FEBRUARY 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURT OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 1 ! ;'BRYAN, TEXAS. 1. InMocation and Pledge of Allegiance - Commissioner Wassermann 2. C#11 for citizen's input and/or concerns. ide~j ~nd take action on agenda items 3 - 26: 3. Dcussion and possible action to contract with a Health Insurance Consultant (previously to ed). 4. R uest by the Information Technology Department to reclassify the following positions: a. Deputy Director position from class 1212, group 34, step 6 to Assistant Support Specialist, class 1212, group 21, step 2. b.1 I Senior Trainer/ Support Specialist from class 1220, group 31, step 6 to Senior Support Specialist, class 1220, group 28, step 2. c. I, I Trainer / Support Specialist, class 1222, group 22, step 6 to Senior Trainer, class 1222, group 27, step 2. d.1'] Office Manager - CNS from class 1221, group 15, step 14 to Administrative Assistant, class 1221, group 23, step 2. 5. P#onnel Change of Status. 6. Pd4ment of Claims. 7. Proclamation 05-001 establishing 11 February 2005 as "2-1-1 Day" in Brazos County. VOL ~ ~ PAGE ~I Commissioners Court Agenda 8 February 2005 Page 2 8 ve action(s) to address elected official salary accounts. 9. lu est from the 85 h District Court to increase the Magistrate's Secretary position from t ime to full-time. 10. AkInroval of the following documents from McClure & Browne Engineering/Surveying I a. for work performed by Elliott Construction, Ltd. on the West 28 h Street Wastewater Application for Payment 44 Change Order # 1 (final) 11. ppointment of Linda Goolsby to the Mental Health Mental Retardation (MHMR) hority of Brazos Valley's Board of Trustees. Term of appointment is 1 March 2005 t ugh 28 February 2007. 12. P~ment Authorization to SunGard Pentamation for software support on the HRM: Sick P 1 custom programming for the Human Resources module in FinancePLUS. 13. R uest to grant the Brazos Valley Community Network use of a buried conduit running al g Reagent Street, and authorize legal council to draw up a formal agreement. 14. P ent Authorization for the rental of Bethel Lutheran Church as a poling location for t November 2004 general election. 15. R from the Brazos Animal Shelter to terminate after hour on-call emergency F fuest s ices so that their budget for Brazos County Field Services will stay in line with the 005 budget. 16. west from Jail Administration for approval of the following out-of-state travel for yne Dicky, Jail Administrator: a. Travel to Baltimore, Maryland to attend a Jail Manager Certification Commissioner meeting on 19-21 February 2005. The American Jail Association will pay the cost of travel, lodging and meals. b.l I Travel to Kansas City, Missouri to attend the American Jail Association conference on 15-19 May 2005. 17. R ~fluest from the Sheriff's Office for approval of out-of-state travel for Sheriff Kirk to tr el to Louisville, Kentucky to attend the National Sheriffs Association 2005 Annual C ference & Exhibit. Dates of travel are 25-29 June 2005. 18. C tract between Brazos County and Patterson Architects for the design of the Justice of t Peace, Precinct 3 court and office complex and the Constable, Precinct 3 office c plex, as recommended by the Selection Committee and the Purchasing Department. VOL PAGE Commissioners Court Agenda 8 February 2005 Page 3 19 lase of 800 MHz radio equipment for the Emergency Management Department isitions 00002376 and 00002956), using grant funds to purchase this equipment the City of Bryan bid. 20. Pchase of a Truck / Asphalt Distributor for the Road & Bridge Department (requisition 0 02944); purchase is being made from the Buy Board contract. 21. Pchase of a Road Broom for the Road & Bridge Department (requisition 00002943); p chase is being made from the Buy Board contract. 22. N*ard of Bid 2005-017, Construction of New Two Lane Roadway Bridges, to Wakefield dge, Inc. for the following locations: a. Peach Creek Road at Lick Creek b. Peach Creek Road at Peach Creek c. Burt Road at Thompson Creek Tributary d. Harper's Ferry Road over Alum Creek 23. IZMquest from Wickson Creek Special Utility District to construct a road bore in the right o way of Alexander Cemetery Road at its intersection with Alexander Road for water li installation. Site is located in Precinct 2. 24. uest from Wickson Creek Special Utility District to construct a road bore in the right o ay of Collette Lane at its intersection with Alexander Road for water line installation. S Icis located in Precinct 2. 25. Rebuest from United Telephone Company to construct a road bore and parallel cable i illations in the rights of way of Peach Creek Cut Off Road and Peach Creek Road. S is located in Precinct 1. 26. A"proval of the Brazos County Treasurer's Report for the Month of December 2004, and t quarter ending 12/31/2004. 27. Aowledgement of the 2004 Racial Profiling Statistical Report for the Precinct 4 C stable's Office. 28. AMnouncement of interest items and possible future agenda topics. 29. C1 for citizen input and/or concerns. 30. A4ency / Board / Committee reports by Court members. 31. Aldiourn The Brazos ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive rvices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL 606 PAGE 33 COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 8, 2005 A regular meeting of the Commissioners' Court of Brazos C' nty, Texas was held in the Brazos County Commissioners C rtroom in the Courthouse in Bryan, Brazos County, Texas, b' inning at 9:00 a.m. on Tuesday, February 8, 2005 with the flowing members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; 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 officials that were in attendance. Commissioner Wassermann gave the invocation and led the p #dge of allegiance. There was no citizen input/and or concerns. The Court next considered a contract with a Health I urance Consultant. On motion by the County Judge, seconded b _ Commissioner Cauley, the Court voted unanimously to enter i# o a consulting agreement with Plumhoff & Associates to p#vide consulting and actuarial services for the employee lth care programs for a monthly fee of $1,500. The term of tll~ agreement is from February 8, 2005 through December 31, L PAGE Cc (I issioners Court meeting February 8, 2005 2 2i 5. A copy is attached. The next matter before the Court was a request by the I'' ormation Technology Department to reclassify the following p itions: a) Deputy Director ($72,051) to Asst. Support Specialist ($34,361) b) Senior Trainer/Support Specialist ($62,129) to Senior Support Specialist ($48,547) c) Trainer/Support Specialist ($39,832) to Senior Trainer ($46,196) d) Office Manager ($34,361) to Administrative Assistant ($37,918) OA motion by Commissioner Cauley, seconded by Commissioner P ers, the Court voted unanimously to approve the r lassification of positions. The Court proceeded to consider the change of status of e loyees as submitted on the attached Personnel Action R' uests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve t changes as submitted. After some discussion, Commissioner C' ley moved to amend the motion to accept the resignation f m Pappafotis rather than the discharge. Commissioner P ers seconded the motion and it carried unanimously. The Court next considered the following Claims as s mitted by the County Treasurer for payment: 7003701 through 7003898 L 6 ~ PAGE Cc n issioners Court meeting February 8, 2005 3 0' motion by Commissioner Peters, seconded by Commissioner WA ' sermann, the Court voted unanimously to approve the Claims a submitted. After some discussion, Commissioners Peters and Wassermann amended their motion and second to correct the c' ims numbers and it carried unanimously. The County Judge read aloud a Proclamation #05-001 dignating February 11, 2005 as "2-1-1 Day in Brazos County". T Court encourages everyone to support 2-1-1 here in the B' zos Valley. On motion by the County Judge, seconded by C issioners Wassermann, Peters, Mallard and Cauley the Court m ed to proclaim February 11, 2005 as "2-1-1 Day in Brazos C my". The County Judge then presented the signed P clamation to Mr. Hank Roraback, representing the local U# ted Way. The next matter before the Court was the consideration of c' rective action to address elected official salary accounts. D to shortfalls from fiscal year 2004-2005 and prior years, ected officials have been over paid. To correct this, the C' my Auditor has suggested moving the expense from the e' cted official accounts to a separate account in Non- D' artmental. The Court could then amend the budget to p vide the exact funding required from Contingency to the N#-Departmental account. On motion by the County Judge, L 6 ~ PAGE 3 6 Cc ti issioners Court meeting February 8, 2005 4 seconded by Commissioner Cauley, the Court voted unanimously t move $38,336.63 to Non-Departmental. A budget amendment w#1 follow shortly. The Court next considered a request from the 85th District C rt to increase the Magistrate's Secretary position from p' t time to full time. 361St District Judge, Steve Smith made i clear to the Court that this request is made by all the j' ges, not just him. Commissioner Peters moved to approve t request. Commissioner Cauley seconded the motion. C'. issioners Wassermann, Peters, Mallard and Cauley voted "Ike". The County Judge voted "No". The motion carried u#nimously. The next matter before the Court was approval of duments from McClure & Brown Engineering/Surveying, Inc. for work performed by Elliott Construction, Ltd. on the West 28th Seet Wastewater Improvements. Submitted were Application f Payment #4 in the amount of $41,991.57 and Change Order #1 nal) in the amount of $4,906.80. On motion by Commissioner C ley, seconded by Commissioner Mallard, the Court voted u#nimously to approve both documents. A copy of each is attached. The Court next considered the reappointment of an i ividual to the Mental Health Mental Retardation (MHMR) L PAGE 7 C issioners Court meeting February 8, 2005 5 A' hority of Brazos Valley's Board of Trustees. On motion by t1te County Judge, seconded by Commissioner Cauley, the Court v ed unanimously to reappoint Linda Goolsby to the Mental H lth Mental Retardation (MHMR) Authority of B razos Valley's B' rd of Trustees. The term is from March 1, 2005 through ruary 28, 2007. The next matter before the Court was consideration of a p ment authorization in the amount of $1,200.00 to SunGard P tamation for software support on the Human Sick pool custom programming for the Human Resources M ule in Finance PLUS. On motion by Commissioner Cauley, s onded by Commissioner Peters, the Court voted unanimously t' approve the payment authorization. The Court next considered a request from the Information T#hnology Department (IT) to grant the Brazos Valley C' unity Network use of buried conduit running along Regent S eet, and authorize legal counsel to draw up a formal agreement. This will increase the county's connectivity options to the BVCNet and facilitate an anticipated switch to G abit Ethernet. IT Department Director, Eric Caldwell said t' t it was his opinion that the BVCNet should initiate the a eement and have our legal counsel review it. On motion by C~nmissioner Cauley, seconded by Commissioner Mallard, the L & 4 PAGE 0 f ioners Court meeting February 8, 2005 7 The Court next considered two requests from the jail nistrator for approval of out of state travel for the f4~lowing locations: a. Baltimore, Maryland to attend a Jail Manager Certification Commission meeting on February 19-21, 2005. b. Kansas City, Missouri to attend the American jail Association conference to be held May 15-19, 2005. O motion by Commissioner Mallard, seconded by Commissioner c4 ley, the Court voted unanimously to approve both out of s#te travel requests. The next matter for consideration by the Court was a r uest submitted by the Sheriff seeking approval for out of state travel for himself. Sheriff Kirk would be traveling to L isville, Kentucky to attend the national Sheriff's ociation 2005 Annual Conference & Exhibition during the week o June 25 through the 29, 2005. On motion by Commissioner C' ley, seconded by Commissioner Wassermann, the Court voted u' nimously to grant the request from the Sheriff and approved p' ment of out of state travel expense for Sheriff Chris Kirk. The Court next considered approval of a contract between Brazos County and Patterson Architects for the design of the J' tice of the Peace, Precinct 3 court and office complex and t Constable, Precinct 3 office complex, as recommended by t Selection Committee and the Purchasing Department. On L Ce ( PAGE 410 Co a issioners Court meeting February 8, 2005 8 m ion by Commissioner Mallard, seconded by Commissioner C ley, the Court voted unanimously to approve the contract b weep Brazos County and Patterson Architects for the design o' the Justice of the Peace, Precinct 3 court and office c Alex and the Constable, Precinct 3 office complex. A copy i attached. The next matter before the Court was the purchase of 8' MHz radio equipment for the Emergency Management Di artment. Grant funds will be used to purchase the e ipment. The City of Bryan, through a bid process, found the l (west qualified bidder and the county will purchase the e ipment directly from the low bidder. On motion by C issioner Peters, seconded by Commissioner Wassermann, the C rt voted unanimously to approve and sign requisitions 03)02376 in the amount of $34,500.00 and 00002956 in the a unt of $52,770.00. This equipment is for volunteers and D' artment of Justice Emergency Management handling. The Court next considered the purchase of a Truck/Asphalt Distributor for the Road and Bridge Department. On motion by C issioner Cauley, seconded by Commissioner Wassermann, the C " rt voted unanimously to approve and sign requisition number 0 02944 in the amount of $109,290.00. The next matter before the Court was the purchase of a L 6 ~ PAGE 0 14 Cc n issioners Court meeting February 8, 2005 9 Road Broom for the Road and Bridge Department. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the C rt voted unanimously to approve and sign requisition 0 02943 in the amount of $34,855.00. The Court next considered awarding Bid No. 2005-017, C' struction of New Two Lane Roadway Bridges. Becky Stephens, S for Buyer, recommended acceptance of the bid submitted by W' efield Bridge, Inc. The new bridges are at: a) Peach Creak Road at Lick Creek b) Peach Creek Road at Peach Creek c) Burt Road at Thompson Creek Tributary c) Harper's Ferry Road over Alum Creek 0 motion by Commissioner Cauley, seconded by Commissioner P e, the Court voted unanimously to accept the recommendation o the Senior Buyer and award the contract to Wakefield B dge, Inc. A copy of the bid tabulation is attached. The Court next considered the request from Wickson Creek S# cial Utility District to construct a road bore for w4terline installation in the right-of-way of Alexander C#etery Road at it's intersection with Alexander road. The s e is located in Precinct 2. The County Engineer stated that a appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner L 6~ PAGE q d C issioners Court meeting February 8, 2005 10 Wassermann, the Court voted unanimously to approve the request f ' m Wickson Creek Special Utility District and authorized the i tallation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek S cial Utility District to construct a road bore for w erline installation in the right-of-way of Collette Lane at i intersection with Alexander Road. The site is located in P cinct 2. The County Engineer stated that all appeared to be i' order and recommended approval. On motion by Commissioner P' ers, seconded by Commissioner Cauley, the Court voted u' nimously to approve the request from Wickson Creek Special U#lity District and authorized the installation. A copy of t# request is attached hereto. The Court next considered the request from United T ephone Company of Texas to construct a road bore and p allel cable installations in the rights-of-way of Peach C' ek Cut Off Road and Peach Creek Road. The site is located i Precinct 1. The County Engineer stated that all appeared t be in order and recommended approval. On motion by C' issioner Wassermann, seconded by Commissioner Peters, the C rt voted unanimously to approve the request from United T''ephone Company of Texas and authorized the installation. A co~~y of the request is attached hereto. L 6 ~ PAGE ~{3 missioners Court meeting February 8, 2005 11 On motion by Commissioner Cauley, seconded by C issioner Peters, the Court voted unanimously to receive, a rove and order filed as submitted the Treasurer's report f# December 2004. A copy of which is attached to and made a Aft of these minutes. The Court next acknowledged receipt of the 2004 Racial P filing Statistical Report for the Precinct 4 Constable's Office. Under announcement of interest items and possible future a nda topics the following spoke: County Judge a) Informed those in attendance that there would be no Commissioner Court meeting next week. b) There is legislative lobbying going on in Austin. They are currently discussing appraisal caps. Commissioner Mallard a) Read aloud to the members of the Court a letter from the Governor appointing the Sheriff to serve on a Criminal Justice Advisory Committee on ways to keep inmates with mental disabilities out of jail. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court ers. There being no further business to come before the Court, t$ meeting was adjourned. L 6 ~ PAGE ~ V T foregoing minutes of the Commissioners Court meeting held F ruary 8, 2004 have been examined and are approved in open C rt this the jqi4- day ofrIC 2005, in Bryan, B' zos County, Texas. y Judge e Peters issioner, Precinct 2 ey eau ey, jr. missi ner, Precinct"4 Altest : { en McQueen C my Clerk L PAGE G✓~~i,~dli /yt Lloy Wassermann Commissioner, Precinct 1 Kenny Mallar Commissioner, Precinct 3 BRAZO MEETIN J COUNTY COMMISSIONERS COURT ON 200 AT Name Organization/Department S C) ~f L, - f Z ~l - 12W aA4 VOL PAGE I BRAZ MEETIN COUNTY COMMISSIONERS COURT ON 200,~-AT Name Organization/Department Pluplkii-c-c + Ap6cy. Ty -G c c-, a ~ f <~stt <c--. rl) llo~ ✓ i~ (r (J~- D J 00 cele ~0, VGL_LPAGE 7 b2 ~L~ PERSONNEL CHANGE OF STATUS page 2 of 2 CO T DATE: February 8, 2005 DE RTMENT: Personnel PU OSE: Am= Personnel Change of Status ■rr■ ■rrrrrrrrrrrrrrrrrrrrrrrr■ ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrr~ DEP TMENT NAME EMPLOYEE NAME.........ACTION REQUESTED soon SERVICES AGUILAR, DANA NEW HIRE JACKSON, ONSHUNTAY NEW HIRE YOUNGBLOOD,GARY DISCHARGED GOLD, STACI DISCHARGED in Commissioners' Court: February Judge's or Commissioner's Signature: ipy to be attached to minutes) VOL 6~ PAGE ~6 MCCLURE & BROWNE ENGINEERING/ SURVEYING, INC. 1008 Woodcreek Drive, Suite 103 • College Station, Texas 77845 -4 (979) 693-3838 • Fax (979) 693-2554 • Email: mcclurebrowne@verizon.net January 07, 2005 Judge R dy Sims and Commissioners Brazos unty 300 Eas' 6"' Street, Suite 117 Bryan, T' as 77803 Re.. Ai6blicationn for Payment IMP 2003 West 2e Street Wastewater Improvements M ESI No. 1000039 Dear Judge Sims and Commissioners: Transmi d herewith please find four (4) original copies of Application for Payment #4 from Elli Construction, Ltd. for the above referenced project. We believe that the work has prog sed to the point represented by the request, and to the best of our knowledge, informati and belief, the quality of the work is in accordance with the contract We there re recommend payment in the amount of $41,991.57 as shown on the attached request. ncluding this request, you will have paid the contractor 90% of the contract amount . includes Change Order #1 - Final) and will be withholding retainage in the amount $20,402.78. This r ndation for payment is subject to the various provisions contained in Section f the General Conditions, and any corresponding portions of our engineering 14.02, B2reement. service Based Keep 1 for furtl McCLU J. Dale Pit 000 - s recommendation, please sign all 4 copies of the Application for Payment. of the Application for Payment for your files, and return 3 copies to our office 8t BROWNE ENGINEERI Jr., P.E. NG, INC. 5.•• to ..•r.•w••.•......••.......... .I. DALE BROWNE, .Iii. ~A►•.•.•..................... 81890 - Brazos County - TCDP MW West 28th Street Wastewater knproremerdsLLsltersWay RequesNBC - ComCourtN -Letter wpd S VOL 6 l PAGE S/ APPLICATION FOR PAYMENT NO. 4 To: Project: TC 2003 West 2811 Street Wastewater Improvements TCDP No. 23069 MBESI Project No. 10000039 For Work a mplished through the date of ,Tan- 9-, 9 n n 1. Origi Contract Price: 2. Net ch ge by Change Orders and Written Amendments or-) 3. Curre Contract Price (1 plus 2): 4. Total plete to date (see Schedule of Values Form): 5. Materi stored on hand to date (see Material Breakdown Form): 6. Total co mpleted and stored to date (4 plus 5): 7. Retain a (per Agreement): 10 % of Line 6: Total Retainage: 8. Total pleted and stored to date less retainage (6 minus 7): 9. Less p Application for Payments: i 10. DUE T S IS APPLICATION (8 MINUS 9): 1. Ifreima future al CONTRA( The undersi done under incurred in incorporate( payment fre OWNER in, Application Dated: State of _ County of rar My Comm O WNER Payment oft above AMOUNT DUE THIS APPLICA Dated: C 7 14 ~ By: Payment of t~ above AMOUNT DUE THIS APPLICATION Dated: By: EJCDC No if 10-8-E (1996 Edition) Modified by MBESI 04/04 Prepared by the %ineers Joint Contract Documents Committee and endorsed by The Specification ' te. Documentation: neat is requested for materials on hand, a copy ofthe Certificate of Insurance must accompany the first application for payment, and the first and moons for payment should have the Material Breakdown sheet attached. IR'S Certification: d CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations section with Work covered by prior Applications for Payments; (2) title of all Work, materials and equipment said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of id clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to inifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Payment is in accordance with the Contract Documels and not defective. By:i~ Elliott Construction, LTD sworn to fore me this 25t1-dayof January„ 2005. NAOMI SNODGRAS R.#" i f * Notary Public S f T i ex res: ,tr p 8~ 2 3T0 S tate o exas -e. My Commission Expires August 23, 2008 $199,121.00 $ a,c1 r_Rn S ~na_n~7 Rn S 204,027 84 $ an $ 204,02;E.80 $-?0., 4(12 -7R $ 1 R'4 _675, 02 S 141 .633.4-9 S 41 , 9911 -,7 ~y~c• .sal r O j *,tt r ,Y. HALE BROWNE, JR. ; ~~81890 General Contractors of America and the Construction VOL 4 PAGE '!S.~) a ELLIOTT CONSTRUCTION, LTD. P.O. BOX 510 WELLBORN TX. 77881 Brazos " unty Purchasing 300.E 26 Street #117 BRYAN 77803 W. 28th ffreet Wastewater improvements 4 1/25/2005 NO DESCRIFi )N CONTRACT QUANTITY TOTAL COMP. THIS PERIOD TOTAL TO DATE % . QTY UN UNIT PRICE AMOUNT QTY AMOUNT QTY AMOUNT COMP 1 MOBILVA " 1 LS 29,550.0 0 29,550.0 0 0 0.00 1 29,550.0 0 100.0% 2.1 8 3034 " 1039 LF 11.45 11,896.55 0 0.00 1039 11,896.55 100.0% 2.2 6 3034 " 2088 LF 10.90 22,759.20 0 0.00 2088 22,759.20 100.0% 2.3 6 2241 " 21 LF 18.00 378.00 0 0.00 21 378.00 100.0% 2.4 8 2241 131 LF 10.90 2,475.90 0 0.00 131 2,475.90 100.0% 2.5 TRENCH 5-8 332 LF 6.15 2,041.80 0 0.00 332 2,041.80 100.0% 2.6 TRENCH e-1 1090 LF 7.15 7,793.50 0 0.00 1090 7,793.50 100.0% 2.7 TRENCH 10- 1735 LF 8.15 14,140.25 0 0.00 1735 14,140.25 100.0% 2.8 TRENCH SA " 3157 LF 1.00 3,157.00 0 0.00 3157 3,157.00 100.0% 2.9 16 BORE " 122 LF 114.75 13,999.50 0 0.00 122 13,999.50 100.0% 2.1 16 CASEIN 122 LF 34.00 4,148.00 0 0.00 122 4,148.00 100.0% 2.11 MANHOLE 9 EA 1,890.00 17,010.00 0 0.00 9 17,010.00 100.0% 2.12 2 13 EX DEPTH CONNECT T HOLE 4ANHOLE 39 58.80 2,293.20 0 0.00 39 2,293.20 100.0% . 1 EA 1,668.00 1,668.00 0 0.00 1 1,668.00 100.0% 2.14 2 15 CLEAN OUT 4" LONG D E 1 EA 296.60 296.60 0 0.00 1 296.60 100.0% . . " 4 EA 1,632.00 6,528.00 4 6,528.00 4 6,528.00 100.0% 2.16 4 LONG SIN " E SERVICE 10 EA 1,627.95 16,279.50 10 16,279.50 10 16,279.50 100.0% 2.17 2.18 4 SHORT S CONCRETE E REPAIR • 7 EA 570.00 3,990.00 0 0.00 7 3,990.00 100.0% 2 19 ASPHALT DR . REPAIR' 0 Sy 35.00 0.00 0 0.00 0 0.00 0.0% . 2 20 ROCK DRIVE PAIR 0 SY 30.00 0.00 0 0.00 0 0.00 0.0% . " 121 LF 21.00 2,541.00 0 0.00 121 2,541.00 100.0% 2.21 2 22 18 CMP YARD PIPE 4 200 LF 18.60 3,720.00 0 0.00 200 3,720.00 100.0% . 1 LS 1,500.00 1,500.00 0 0.00 1 1,500.00 100.0% 2.23 2 24 YARD PIPE 4 YARD PIPE 4 1 LS 1,260.00 1,260.00 0 0.00 1 1,260.00 100.0% . 1 LS 1,200.00 1,200.00 1 1,200.00 1 1,200.00 100.0% 2.25 2 26 YARD PIPE 4 YARD PIPE 1 LS 540.00 540.00 0 0.00 1 540.00 100.0% . 1 LS 720.00 720.00 0 0.00 1 720.00 100.0% 2.27 2 28 YARD PIPE YARD PIPE 4 1 LS 480.00 480.00 1 480.00 1 480.00 100.0% . 1 LS 2,580.00 2,580.00 1 2,580.00 1 2,580.00 100.0% 2.29 YARD PIPE 4 1 LS 660.00 660.00 1 660.00 1 660.00 100.0% 2.30 2 31 YARD PIPE 3 YARD PIPE 3 1 LS 720.00 720.00 1 720.00 1 720.00 100.0% . 2 32 YARD PIPE 3 1 LS 420.00 420.00 0 0.00 1 420.00 100.0% . 1 LS 480.00 480.00 1 480.00 1 480,00 100.0% 2.33 2 34 YARD PIPE 3 YARD PIPE 1 LS 480.00 480.00 1 480.00 1 480.00 100.0% . 2 35 YARD PIPE 1 LS 720.00 720.00 1 720.00 1 720.00 100.0% . 1 LS 720.00 720.00 0 ..0.00 1 720.00 100.0%.. 2.36 YARD PIPE 38 1 LS 720.00 720.00 0 0.00 1 720.00 100.0% 2.37 YARD PIPE 38 1 LS 480.00 480.00 0 0.00 1 480.00 100.0% 2.38 YARD PIPE 37 1 L S 480.00 480.00 0 0.00 1 480.00 100.0% 2.39 2.4 jj! „ YARD PIPE 37 A,RD PIPE 3711 1 L 1 S 720.00 720.00 7 0 0 0.00 1 1 720. 1PQ-P%' VOL PAGE-,63. ELLIOTT CONSTRUCTION, LTD. 2 41 YARD PIPE 3 i vvLL _L)W N IA. 1/001 . 1 LS 900.00 900.00 0 0.00 1 900.00 100.0% 2.42 YARD PIPE 1 LS 480.00 480.00 0 0.00 1 480.00 100.0% 2.43 2 44 YARD PIPE YARD PIPE 2 1 LS 840.00 840.00 0 0.00 1 840.00 100.0% . 1 LS 900.00 900.00 0 0.00 1 900.00 100.0% 2.45 YARD PIPE 0 1 LS 900.00 900.00 0 0.00 1 9W.00 100.0% 2.46 YARD PIPE 6 1 LS 600.00 600.00 0 0.00 1 600.00 100.096 2.47 PUMP SEPT] ANK . 28 EA 340.00 9,520.00 28 9,520.00 28 9520.00 100.0% 2.48 EROSION C OL 1 LS 720.00 720.00 0.15 108.00 1 720.00 100.0% 2.49 SEEDING 1 LS 1,500.00 1,500.00 1 1,500.00 1 1500.00 100.0% QUANTITIE EVISED BY CHANGE ORDER 51 TO REFLECT AS BUILT QUANTITIES. CHANG OR C01 C02 J 8" SERA METER OUTS 1 LS 1,210.00 1,210.00 1 1210.00 1 1210.00 100.0% C03 18" CMP 26 EA 25.00 650.00 26 650.00 26 650.00 100.0% 108 LF 18.60 2,008.80 108 2008.80 108 2008.80 100.0% C04 ROCK D AIR 73 LF 21.00 1,533.00 73 1533.00 73 1533.00 100.0% TOTAL CONTRACT TOTAL WORK COMPLETE =204,027.80 ZO OZI MATERIALS ON HAND $0.00 SUB-TOTAL $204,027.80 102,7% j LESS 10% $20,402.78 SUB-TOTAL $183,625.02 LESS PREVIOUS PAYMENT $141,633.45 TOTAL ESTIMATE * 4 541,99117 iooVOL 6 ~ PAGE S~ MCCLURE & BROWNE ENGINEERING/ SURVEYING, INC. 1008 Woodcreek Drive, Suite 103 • College Station, Texas 77845 "10b (979) 693-3838 • Fax (979) 693-2554 • Email: mcclurebrowne@verizon.net r January 01, 2005 Judge R dy Sims and Commissioners Brazos unty 300 East 6"' Street, Suite 117 Bryan, T as 77803 Re.: C I Order T P 2003 West 28"' Street Wastewater Improvements M SI No. 1000039 Dear Judge Sims and Commissioners: Transmi herewith please find four (4) original copies of Change Order #1 (Final) from ruction, Ltd. for the above referenced project. This change order is required Elliott Co 1.80. to adjust t estimated quantities to the "as-built" quantities constructed during the project. The amo of the change order is for $4,906.80 which increases the total contract amount to $204, 0 We have t? viewed and recommend approval of Change Order #1 (Final) in the amount of $4,906.80: 1 Based on is recommendation and upon approval of the Commission, please sign all 4 copies of a Change Order. Keep 1 copy of the Change Order for your files, and return 3 copies t our office for further distribution. Sincerely NEER J. Dale Enclosu F:N000 - , Jr., P.E. NG, INC. - Brazos COUrNy - TCDP 2003 West 28tH Street Wastewater YnprovsmeMs%Letters%Charge Order BC - ComCourtot -Letter wpd VOL PAGE w. CHANGE ORDER #1 (FINAL) DATE OF IS#ANCE: _January 26, 2005 OWNER: CONTRACT Elliott Construction, Ltd. Project: TC 2003 West 28t' Street Wastewater Im rovements ENGINEER' roject No. 10000039 TCDP Project No. 723069 ENGINEER: j cClure & Browne Eneineerine/Surveving_ Inc_ You are direc to make the following changes in Contract Documents: Description: a. Labor d materials to install 8" Service w/2 Clean Outs. b. Labor d materials to install 26 Meter Boxes. d c. Labor materials to install 108 LF 18" CMP. d. Labor d materials to install 73 LF Rock Drive Repair. e. Remo i Item 2.18 and 2.19 from the Contract Bid Schedule. Attachments: ist documents supporting change) • Exhib `A" C NGE IN CONTRACT PRICE Original Co $199,121 ct Price: 0 Net Increase No. to ecrease) from previous Change Orders $ 0.00 Contract Pri $199,121 $ prior to this Change Order: 0 Net Increase $-4_ 906.8 ecrease) of this Change Order: Contract Pri $204 027. ith all approved Change Orders: By: _ O Date: ized Signature) By: CTOR (Authorized Signature) CHANGE IN CONTRACT TIME Original Contract Time: Substantially Complete: 180 calendar days (02/18/05) Net change form previous Change Orders No. to Substantially Complete: 0 calendar days Contract Time prior to this Change Order: Substantially Complete: 180 calendar days (02/18/05) Net increase (decrease) this Change Order. Substantially Complete: 0 calendar days Contract Time with all approved Change Orders: Substantially Complete: 180 calendar days (02/18/05)RECD ED By: v 4y,,O"" I~S G ER Authorized Si e) Date: / ~7 'OF T~1~1 • c~'(,. . o J- DALE•B,.. ~E•R.., R~ J. a 8189 UNAt 1i~ EJCDC 1910-8(1996 Edition) Modified by MBESI 04/04 E~,~c.,,,..•►-`° Prepared by the En g eers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the construction Specifications Inst e. VOL PAGE S(p rr 1 9 9 7 ED IT I ON AIA DOCUMENT Abbrevi # ~e 8151-1997 led Standard Form of Agreement Between Owner and Architect A G R E E M E { T made as of the Eighth day of February in the year thousand and five (In words, indicat ay, month and year) B E T W E E N tWe Architect's client identified as the Owner: (Name, address an#Iother information) Bra s County 300 rst 26th Street Bry TX 77803 and the Archite (Name, address an ther information) Pat cn Architects 701 Texas Ave. BrY ' , Texas 77803 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For the followi Project: (Include detailed d ription of Project) Consl' cticn of a new 4140 SF Justice of the Peace Court Facility located at 1 Anderson Street, College Station, Texas. Work includes site ' sition recamiendaticns, zoning variance, TXD(YT curb cut lication, demolition, construction of new court Me. buil g and additions to existing parking. This scope o"N.,,of k does not include storm water survey engineering ~ or struction work. •i i~• B1• The Owner and rchitect agree as follows. VOL 6/ PACE S~ Copyright 1974, 1978, 7, 01997 by The American Institute of Architects. Reproduction of the material herein or sub- stantial quotation of i , provisions without written permission of the AIA violates the copyright laws of the United States and will subje he violator to legal prosecution. WARNING: Unlicensed otocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 01997 AIA® AIA DOCUMENT B1514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1 Imerated HITECT'S RESPONSIBILITIES 1.1 The vices 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 `kill and care and the orderly progress of the Project. The Architect shall submit for the Owner' pproval a schedule for the performance of the Architect's services which may be adjusted as e Project proceeds. This schedule shall include allowances for periods of time required fo the Owner's review and for approval of submissions by authorities having jurisdiction er the Project. Time limits established by this schedule approved by the Owner shall not, except reasonable 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 respec the Project. 1.4 The ~4rvices covered by this Agreement are subject to the time limitations contained in 11.5.1. ARTICLE 2 S E OF ARCHITECT'S BASIC SERVICES ION The Archite s Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any 2.1 DEFT 1''d, other servic identified in Article 12 as part of Basic Services, and include normal structural, mechanical electrical engineering services. 2.2 SCHE ATIC DESIGN PHASE 2.2.1 The chitect shall review the program furnished by the Owner to ascertain the requirement f the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The chitect shall provide a preliminary evaluation of the Owner's program, schedule and constru on budget requirements, each in terms of the other, subject to the limitations set forth in Sub ragraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and constructio f the Project. 2.2.4 Base on the mutually agreed-upon program, schedule and construction budget requirement the Architect shall prepare, for approval by the Owner, Schematic Design Documents nsisting of drawings and other documents illustrating the scale and relationship of Project com trients. 2.2.5 The chitect shall submit to the Owner a preliminary estimate of Construction Cost based on cu nt area, volume or similar conceptual estimating techniques. 2.3 DESK DEVELOPMENT PHASE 2.3.1 Base n the approved Schematic Design Documents and any adjustments authorized by the Owner the program, schedule or construction budget, the Architect shall prepare, for approval by e Owner, Design Development Documents consisting of drawings and other doc- uments to f and describe the size and character of the Project as to architectural, structural, mechanical d electrical systems, materials and such other elements as may be appropriate. 2.3.2 The *Jchitect shall advise the Owner of any adjustments to the preliminary estimate of cal 6~ PAGE 1+FARn11Nr• Unlirense hotoconvino violates u.5. ronvriaht laws and will subject the violator to legal prosecution. IIII 0 0 ,4 CO o° ®1997 AIA® AIA DOCUMENT B1514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The QWt- shall assist the ~'tgMe preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. have full responsibility 2.4.4 The Architect shall assi*-".,r~e- - Iq 14 - 4~exr-1ti -th -eV *net5-re5 =Sibi'tity for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. ® 1997 A AIA DOCUMENT 9151 ABBREVIATED OW ARCHITECT AGREEI` The American Ins of Arch 1735 New York Avenue, Washington, D.C. 20006 zk- 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate ® to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect X97 in Article 12, (1) to become generally familiar with and to keep the Owner informed about the R- progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner NT against defects and deficiencies in the Work, and (3) to determine in general if the Work is being ute performed in a manner indicating that the Work, when fully completed, will be in accordance cts with the Contract Documents. However, the Architect shall not be required to make exhaustive or W. !92 VOL to ~ PAGE ~ a -AD-wn- unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution. continu neither the Work, ~n-site inspections to check the quality or quantity of the Work. The Architect shall control over or charge of, nor be responsible for, the construction means, methods, sequences or procedures, or for safety precautions and programs in connection with rice these are solely the Contractor's rights and responsibilities under the Contract 2.6.6 The chitect shall report to the Owner known deviations from the Contract Documents and from a most recent construction schedule submitted by the Contractor. However, the Architect shall " not be responsible for the Contractor's failure to perform the Work in accordance with the re q irements of the Contract Documents. The Architect shall be responsible for the Architect's hih gligent acts or omissions, but shall not have control over or charge of and shall not be respons le for acts or omissions of the Contractor, Subcontractors, or their agents or employees, of any other persons or entities performing portions of the Work. 2.6.7 The architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Exce s otherwise provided in this Agreement or when direct communications have been specially au 1'e rized, the Owner shall endeavor to communicate with the Contractor through the Architect a t matters arising out of or relating to the Contract Documents. Communications by and with Architect's consultants shall be through the Architect. 2.6.9 CER141CATES FOR PAYMENT 2.6.9.1 The chitect shall review and certify the amounts due the Contractor and shall issue certificates ibisuch amounts. 2.6.9.2 The chitect's certification for payment shall constitute a representation to the Owner, based on the chitect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising e Contractor's Application for Payment, that the Work has progressed to the point indicated an that, to the best of the Architect's knowledge, information and belief, the quality of the Work is n accordance with the Contract Documents. The foregoing representations are subject (i) t an evaluation of the Work for conformance with the Contract Documents upon Substantial mpletion, (2) to results of subsequent tests and inspections, (3) to correction of minor devi ons from the Contract Documents prior to completion, and (4) to specific qualificatio expressed by the Architect. 2.6.9.3 The i uance of a Certificate for Payment shall not be a representation that the Architect has (r) mad i ' haustive or continuous on-site inspections to check the quality or quantity of the Work, (2) r `iewed construction means, methods, techniques, sequences or procedures, (3) reviewed co s of requisitions received from Subcontractors and material suppliers and other data request by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for 1 0 . at purpose the Contractor has used money previously paid on account of the Contract Sur 1~ Ill) 2.6.10 The hitect shall have authority to reject Work that does not conform to the Contract Documents. henever the Architect considers it necessary or advisable, the Architect shall have °C; lco authority to quire inspection or testing of the Work in accordance with the provisions of the 0 Contract Do , ments, whether or not such Work is fabricated, installed or completed. However, 0 1997 A I A 0 neither this hority of the Architect nor a decision made in good faith either to exercise or not AIA DOCUMENT 8151-1997 to exercise s " h authority shall give rise to a duty or responsibility of the Architect to the ABBREVIATED OWNER- Contractor, S' contractors, material and equipment suppliers, their agents or employees or other ARCHITECT AGREEMENT persons ore ties performing portions of the Work. The American Institute of Architects 1735 New York Avenue, N.W. p~ ,nn~ J i VO f i tC Washington, D.C. 20006-5292 WAPNWf Unlicense hotoconvinp violates I I S rAOvrlpht laws and will Snhiert the violator to lpoal n-sprnltion 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3-1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. ®1997 A AIA DOCUMENT B151 ABBREVIATED OW ARCHITECT AGREED The American Ins of Arch 1735 New York Avenue, Washington, D.C. 20006 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and o reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, sha.ll.rid.Sh vL4= tiali+ICiaeither,. ® _~sl~all.notbeliablesulls.ofinLer{uetatiaznsAr~decisionssarexldered_in~nad.faith_ R- 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question VT between the Owner and Contractor as provided in the Contract Documents. However, the ite Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the :ts intent expressed in the Contract Documents. 11 PACE 1PR lInlicen?d nhotoconvino violates U.S. copvriQht laws and will subject the violator to legal prosecution. _ TT 2.6.18 T " Architect's decisions on claims, disputes or other matters in question between the Owner a " Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, sh be subject to mediation -a-c~irier3 as provided in this Agreement and in the Contract ocuments. ARTICLE 3 DDITIONAL SERVICES 3.1 G ERAL 3.1.1 T services described in this Article 3 are not included in Basic Services unless so identified Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition ` the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall y be provided if authorized or confirmed in writing by the Owner. If services described under Co ingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Archi is control, the Architect shall notify the Owner prior to commencing such services. If the r deems that such services described under Paragraph 3.3 are not required, the Owner shall give ompt written notice to the Architect. If the Owner indicates in writing that all or part of such C tingent Additional Services are not required, the Architect shall have no obligation to provide ti i: se services. 3.2 PR ECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If ore extensive representation at the site than is described in Subparagraph 2.6.5 is required, Architect shall provide one or more Project Representatives to assist in carrying out such addi jt nal on-site responsibilities. 3.2.2 Pr i' ct Representatives shall be selected, employed and directed by the Architect, and the Architect all be compensated therefor as agreed by the Owner and Architect. The duties, responsibi Lies and limitations of authority of Project Representatives shall be as described in the edition of IA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Th ugh the presence at the site of such Project Representatives, the Architect shall endeavor t provide further protection for the Owner against defects and deficiencies in the Work, but the fu „ ishing of such project representation shall not modify the rights, responsibilities or obligation ' f the Architect as described elsewhere in this Agreement. 3.3 CO INGENT ADDITIONAL SERVICES 3.3.1 M ng revisions in drawings, specifications or other documents when such revisions are: a " consistent with approvals or instructions previously given by the Owner, including visions made necessary by adjustments in the Owner's program or Project budget; .2 uired by the enactment or revision of codes, laws or regulations subsequent to the eparation of such documents; or a e to changes required as a result of the Owner's failure to render decisions in a I elv manner. 3.3.2 Pr ding services required because of significant changes in the Project including, but not lin 11 ted to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiatin nd contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Pre evaluating Orders an( 3.3.4 Prc and makin therefrom. N-C, ~O Gt,-JJ O~ ig Drawings, Specifications and other documentation and supporting data, 01997 A I A itractor's proposals, and providing other services in connection with Change AIA DOCUMENT B1514997 astruction Change Directives. The parties agree that the services ABBREVIATED OWNER- in this subparagraph shall be construed to be basic serviam N I T E C T AGREEMENT ig services in connection with evaluating substitutions proposed by the Contractor* The American Institute :)sequent revisions to Drawings, Specifications and other documentation resulting of Architects *after bidding VOt 6 F GE & 3- WARNING- Unlicen photocopvinp violates U.S. copvripht laws and will subiect the violatnr to leoal prosecution 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 r 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. Doettments-Please 3.3.10 See addendum attached hereto. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 2_440 : gev}dind@taded 2Stlnlalee Of rnnctriirtinn ('nct, ®1997 A AIA DOCUMENT 8151 ABBREVIATED OW ARCHITECT AGREEh The American Ins of Arch 1735 New York Avenue, Washington, D.C. 20006 97 2432 129:Q illir, ..-4-86 laic , nn~ r~}inrt rnc4c R- VOL_~LPAGE & ~1~I"I•'Infi--ad nh.,tnronvino vinlates if 5, convrioht laws and will subject the violator to legal prosecution. 3.4.16 Pr aring a set of reproducible record drawings showing significant changes in the Work made dur g construction based on marked-up prints, drawings and other data furnished by the Contract lio the Architect. 3.4.18 Pr iding services after issuance to the Owner of the final Certificate for Payment, or in the absen of a final Certificate for Payment, more than 6o days after the date of Substantial Completi of the Work. 3.4.19 Pr ding services of consultants for other than architectural, structural, mechanical and electrical 44gineering portions of the Project provided as a part of Basic Services. 3.4.20 Prding any other services not otherwise included in this Agreement or not customarily furnished accordance with generally accepted architectural practice. ARTICLE 4 NER'S RESPONSIBILITIES 4.1 Th wner shall provide full information in a timely manner regarding requirements for and limita ns on the Project, including a written program which shall set forth the Owner's objectives, hedule, constraints and criteria, including space requirements and relationships, flexibility, pandability, special equipment, systems and. site requirements. The Owner shall furnish to e Architect, within 15 days after receipt of a written request, information necessary and releva for the Architect to evaluate, give notice of or enforce lien rights. 4.2 W wnet"raM?lesnali ish ana iodically update an overall budget for the Project, including t Construction Cost, the Owner's other costs and reasonable contingencies related to all of thes osts. 4.3 The wrier shall designate a representative authorized to act on the Owner's behalf with respect to e Project. The Owner or such designated representative shall render decisions in a timely m er pertaining to documents submitted by the Architect in order to avoid unreasona I` delay in the orderly and sequential progress of the Architect's services. 4.4 The:, wrier shall furnish surveys to describe physical characteristics, legal limitations and utility loca Ins for the site of the Project, and a written legal description of the site. The surveys Ilj) and legal i rmation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoin property and structures; adjacent drainage; rights-of-way, restrictions, easements, e o encroachm ts, zoning, deed restrictions, boundaries and contours of the site; locations, °oa Gt1J po° dimension and necessary data with respect to existing buildings, other improvements and trees; and inform ion concerning available utility services and lines, both public and private, above and 0 19 9 7 A I A below grad(, including inverts and depths. All the information on the survey shall be referenced AIA DOCUMENT B151-1997 ABBREVIATED OWNER- to a Project benchmark. ARCHITECT AGREEMENT 4.5 The wrier shall furnish the services of geotechnical engineers when such services are The American Institute requested b he Architect. Such services may include but are not limited to test borings, test pits, of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 L PAGE determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 01997 AI AIA DOCUMENT B1514 ABBREVIATED OWN ARCHITECT AGREEMI The American Ins of Arch 1735 New York Avenue, Washington, D.C. 20006 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. reasonably 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet. the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service., provided however, failure to provide such notice shall not relieve the Architect from his duties, responsibilities and liabilities stated herein. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall lye included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. vroakl!n+- Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. TT 5.2.2 No d limit of Construction Cost shall be established as a condition of this Agreement by the furni ing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upo writing and signed by the parties hereto. If such a fixed limit has been established, the Architec' hall be permitted to include contingencies for design, bidding and price escalation, to determin hat materials, equipment, component systems and types of construction are to be included in e Contract Documents, to make reasonable adjustments in the scope of the Project and to inch e in the Contract Documents alternate bids as may be necessary to adjust the Constructio Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in t Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If th idding or Negotiation Phase has not commenced within go days after the Architect submits th Construction Documents to the Owner, any Project budget or fixed limit of Constructio Cost shall be adjusted to reflect changes in the general level of prices in the construction; , dustry. 5.2.4 If a ed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by e lowest bona fide bid or negotiated proposal, the Owner shall: .1 gi written. approval of an increase in such fixed limit; .2 a orize rebidding or renegotiating of the Project within a reasonable time; 3 to " inate in accordance with Paragraph 8.5; or .4 co erate in revising the Project scope and quality as required to reduce the C struction Cost. 5.2.5 If the wrier chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensati shall modify the documents for which the Architect is responsible under this Agreement necessary to comply with the fixed limit, if established as a condition of this Agreement. a modification of such documents without cost to the Owner shall be the limit of the Architec " responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensati in accordance with this Agreement for all services performed whether or not the Constructio hase is commenced. ARTICLE 6 U OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Draw' gs, specifications and other documents, including those in electronic form, prepared by e Architect and the Architect's consultants are Instruments of Service for use solely with r ect to this Project. The Architect and the Architect's consultants shall be deemed the authors d owners of their respective Instruments of Service and shall retain all common law, statutor nd other reserved rights, including copyrights. 6.2 Upon xecution of this Agreement, the Architect grants to the Owner a nonexclusive license to re duce the Architect's Instruments of Service solely for purposes of constructing, using and in ~ ntaining the Project, provided that the Owner shall comply with all obligations, including pr pt payment of all sums when due, under this Agreement. The Architect shall !!I) obtain simil nonexclusive licenses from the Architect's consultants consistent with this Agreement. y termination of this Agreement prior to completion of the Projectihall terminate o 0 this license. on such termination, the Owner shall refrain from making further reproductions oo~.oo of Instrume of Service and shall return to the Architect within seven days of termination all o originals an -producti 1 e Owner's possession or control. If and upon the date the ® 1997 A I A Architect is judged in$wof this Agreement, the foregoing license shall be deemed AIA DOCUMENT 8151-1997 terminated a replaced b a second, nonexclusive license the Owner to authorize ABBREVIATED OWNER Y permitting ARCHITECT AGREEMENT other simila credentialed design professionals to reproduce and, where permitted by law, to make Chang corrections or additions to the Instruments of Service solely for purposes of The American Institute completing, ing and maintaining 17 the Project. 17Architects 35 New York Avenue, N.W. * for re ons other than the Architects' defgull or breach of Washington, D.C. 20006-5292 this con act, VOL (r~ PAGE_ a en"nnlr I Inlicense hotocnovina violates II S ronvrioht laws and will subiert the violator to legal nroserution. Associationrrently in effect. The demand for arbitration shall be filed in writing with th er party to thi greement and with the American Arbitration Association. 7.2.3 A de and for arbitration shall be made within a reasonable time aft a claim, dispute or other ma r in question has arisen. In no event shall the demand for ttration be made after the date wh institution of legal or equitable proceedings based o ch claim, dispute or other 7.2.4 No a itration arising out of or relating to this greement shall include, by consolidation or joinder o n any other manner, an additional son or entity not a party to this Agreement, except by w ten consent containing a spec* c reference to this Agreement and signed by the Owner, Arc ect, and any other perso r entity sought to be joined. Consent to arbitration involving an dditional person or e y shall not constitute consent to arbitration of any claim, dispute or er matter in qu on not described in the written consent or with a person or entity not n ed or descri therein. The foregoing agreement to arbitrate and other agreements to arbitrate th an a tional person or entity duly consented to by parties to this Agreement shall be spec cal enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.2. The and rendered by the arbitrator or arbitrators shall be final, and judgment may be 7.3 CLAI FOR CONSEQUENTIAL DAMAGES The Archite and Owner waive consequential damages for claims, disputes or other matters in question aris g out of or relating to this Agreement. This mutual waiver is applicable, without limitation, t I all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TER INATION OR SUSPENSION 8.1 If the wrier fails to make payments to the Architect in accordance with this Agreement, such failure 11 be considered substantial nonperformance and cause for termination or, at the Architect's o on, cause for suspension of performance of services under this Agreement. If the Architect ele to suspend services, prior to suspension of services, the Architect shall give seven days' written tice to the Owner. In the event of a suspension of services, the Architect shall have no liability t I, , he Owner for delay or damage caused the Owner because of such suspension of services.Befor i " resuming services, the Architect shall be paid all sums due prior to suspension and any expense ncurred in the interruption and resumption of the Architect's services. The Architect's fe for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the oject is suspended by the Owner for more than 30 consecutive days, the Architect shall be comr, I! sated for services performed prior to notice of such suspension. When the Project is resumed, t Architect shall be compensated for expenses incurred in the interruption and resumption o he Architect's services. The Architect's fees for the remaining services and the time o c schedules sha be equitably adjusted. °ooAOo° C~ 8.3 If the roject is suspended or the Architect's services are suspended for more than go © 1997 A I A consecutive d s, the Architect may terminate this Agreement by giving not less than seven days' AIA DOCUMENT BISI-1997 ABBREVIATED OWNER- written notic ARCHITECT AGREEMENT 8.4 This Bement maybe terminated by either party upon not less than seven days' written The American Institute notice should e other party fail substantially to perform in accordance with the terms of this of Architects 1735 New York Avenue, N.W. Agreement th ugh no fault of the party initiating the termination. Washington, D.C. 20006-5292 0 L l,~9 Ir/AOfkl-l If, I;,,, CPS ntnrnn+ lnn ,4fl t- -I ( -...i,k. 1-,...r -4 -M -3,;,..♦ 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. ®1997 A ' AIA DOCUMENT 8151 97 ABBREVIATED OW R- ARCHITECT AGREE NT The American Ins to of Arch cts 1735 New York Avenue, W. Washington, D.C. 20006 92 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, per-feFfnej by *-he if termination is due to fault of Owher. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2oi,kGeneral Conditions of the Contract for Construction, current as of the date of this Agreement. *as alrnnded by Owner 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to-act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. .4A -t 70 11/ARNINr• Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 9.8 llnles therwise provided in this Agreement, the Architect and Architect's consultants shall have n responsibility for the discovery, presence, handling, removal or disposal of or exposure of sons to hazardous materials or toxic substances in any form at the Project site. 9.9 The " hitect shall have the right to include photographic or artistic representations of the design of the oject among the Architect's promotional and professional materials, The Architect shall be give easonable access to the completed Project to make such representations. However, the Archite s materials shall not include the Owner's confidential or proprietary information the Owner has previously advised the Architect in writing of the specific information sidered by the Owner to be confidential or proprietary. The Owner shall provide professional dit for the Architect in the Owner's promotional materials for the Project. 9.10 If the wner requests the Architect to execute certificates, the proposed language of such certificates s 1 be submitted to the Architect for review at least 14 days prior to the requested dates of exec on. The Architect shall not be required to execute certificates that would require knowledge, s ices or responsibilities beyond the scope of this Agreement. ARTICLE 10 PA ENTS TO THE ARCHITECT 10.1 DIREC ERSONNEL EXPENSE Direct Person 1 Expense is defined as the direct salaries of the Architect's personnel engaged on the Project a the portion of the cost of their mandatory and customary contributions and benefits relat thereto, such as employment taxes and other statutory employee benefits, insurance, sic eave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMB SABLE EXPENSES 10.2.1 Reimb sable Expenses are in addition to compensation for Basic and Additional Services and include penses incurred by the Architect and Architect's employees and consultants directly relate o the Project, as identified in the following Clauses: .1 tra ortation in connection with the Project, authorized out-of-town travel and sub i tence, and electronic communications; .2 fees aid for securing approval of authorities having jurisdiction over the Project; .3 rep uctions, plots, standard form documents, postage, handling and delivery of Inst ments of Service; .a exp se of overtime work requiring higher than regular rates if authorized in advance by 1. Owner; -CA-Ver-age or. limit .7 rei ursable expenses as designated in Article 12; .8 oth similar direct Project-related expenditures. 10.3 PAYMEMtS ON ACCOUNT OF BASIC SERVICES 10.3.2subackl ayments for Basic Services shall be made monthly and, where applicable, shall be in pro ` rtion to services performed within each phase of service, on the basis set forth in Subparagraph ' 2.2. 10.3.3 If and the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is ceeded or extended through no fault of the Architect, compensation for any services render during the additional period of time shall be computed in the manner set forth in Subparagrafil 11.3.2. Vol- II~~ 0 0 0 00 ~.oo O p1997 AIA® AIA DOCUMENT B1514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 10.3.4 Whey the Project Project shall the schedule proposal,. or ompensation is based on a percentage of Construction Cost and any portions of deleted or otherwise not constructed, compensation for those portions of the payable to the extent services are performed on those portions, in accordance with t forth in Subparagraph 11.2.2, based on 0) the lowest bona fide bid or negotiated if no such bid or proposal is received, the most recent preliminary estimate of ost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYM TS ON ACCOUNT OF ADDITIONAL SERVICES Payments on count of the Architect's Additional Services and for Reimbursable Expenses shall be made presentation of the Architect's statement of services rendered or expenseslnc 1'r d. * thirty (30) days after 10.5 PAYM TS WITHHELD No deductio shall be made from the Architect's compensation on account of penalty, liquidated da ages or other sums withheld from payments to contractors, or on account of the cost of chan in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHI CT'S ACCOUNTING RECORDS Records of R I bursable Expenses and expenses pertaining to Additional Services and services performed o he basis of hourly rates or a multiple of Direct Personnel Expense shall be available tot Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BA OF COMPENSATION The Owner sl# I compensate the Architect as follows: 11.1 An In' 1 Payment of (not applicable) Dollars ) shall be made upon execution of this Agreement and credited to the Owner's acco it at final payment. 11.2 BASIC MPENSATION 11.2.1 For Ba Services, as described in Article 2, and any other services included in Article 12 as part of Basic ices, Basic Compensation shall be computed as follows: (Insert basis of c pensation, including stipulated sums, multiples or percentages, and identify phases to which particular meth of compensation apply, if necessary.) thirty shall be the stipulated slue of fifty-eight thousand s. ($58,030.00) 0 0 o. .o 0 ® 1997 AIA® AIA DOCUMENT B1514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT VOL PAGE WARNING: Unlicensed p4ocopying violates U.S. copyright laws and will subiect the violator to legal orosacution. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11.2.2 Whe compensation is based on a stipulated sum or percentage of Construction Cost, progress pa ents for Basic Services in each phase shall total the following percentages of the total Basic mpensation payable: (Insert additi 1 phases as appropriate.) Schematic sign Phase: fifteen percent (15 Design Dev pment Phase: twenty percent (20 Construction Documents Phase: forty percent (40 Bidding or Negotiation Phase: five percent ( 5 Constructio Phase: twenty percent (20 Total Basic (f4mpensation: one hundred percent (ioo%) 11.3 COM NSATION FOR ADDITIONAL SERVICES 11.3.1 For ject Representation Beyond Basic Services, as described in Paragraph 3.2, compen- sation shall computed as follows: Architect 95.00/ HR cal Engineer 90.00/HR Architect 55.00/M I r in training 55.00/HR hnician 45.00/HR tration 30.00/HR Ss 11.3.2 For ditional Services of the Architect, as described in Articles 3 and 12, other than (1) Addition I' Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as rt of Basic Services, but excluding services of consultants, compensation shall be computed as llows: (Insert basis o ompensation, including rates and multiples of Direct Personnel Expense for Principals and employees, an identify Principals and classify employees, if required. Identify specific services to which particular met ds of compensation apply, if necessary.) chitect 95.00/HR Engineer 90.00/HR J hitect 55.00/HR ' n Training 55.00;IM r CPD cian 45.00/HR stration 30.00/HR wApN1NG- Unlicensed otocopying violates U.S copyright laws and will subject the violator to legal prosecution. . °o O bzuw'-~~ ®1997 AIA® AIA DOCUMENT B1514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11.3.3 For ditional Services of Consultants, including additional structural, mechanical and electrical a ineering services and those rr^A^a~d wraer c,.b..a-a -e - identified in Article 12 as art of Additional Services, a multiple of one & One Quar'teg 1.25) times the amounts bi d to the Architect for such services. (Identify spec c types of consultants in Article 12, if required.) 11.4 REIN RSABLE EXPENSES For Reimb able Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as eimbursable Expenses, a multiple of One & One quarter ( 1.2~ times the expense ncurred by the Architect, the Architect's employees and consultants directly related to the Proie 11.5 ADDI ONAL PROVISIONS 11.5.1 If Basic Services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereof, through no fault of t Architect, extension of the Architect's services beyond that time shall be compen- sated as pro led in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payn# is are due and payable thirty ( 30 ) days from the date of the hitect's invoice. Amounts unpaid forty fiv ( 45 ) days after the invoice d e shall bear interest at the rate entered below, or in the altsence thereof at the legal rate f revaili (Insert rate of erest agreed upon.) *then d permitted to be paid by the Owner under law. (Usury laws a requirements under the Federal Ruth in Lending Act, similar state and local consumer credit laws and other ulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere 11, y affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or m fications, and also regarding requirements such as written disclosures or waivers.) 11.53 The r4s and multiples set forth for Additional Services shall be adjusted in accordance with the nor #1 salary review practices of the Architect. WAOG 'Wr Ilnllr PntPd VOL rinhfPc 11 c rnn~~rinh♦ hu•c a.. -1 ,..:II cnV,l..r♦ .~.o •..nl,..,. I-..,1 IIII a o o. .o 00 ~.oo ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 12 ER CONDITIONS OR SERVICES (Insert descri ions of other services, identify Additional Services included within Basic Compensation and modification the payment and compensation terms included in this Agreement.) This Agreern t entered into as of the day and year first written above. OWN E R nature) R C H C T(Signature)~ aN 7 yl . 011t, o o'z Ran S' Count Jude Fred A. Patterson, Jr., t~ (Printed name, U d title) (Printed name and title) Vice-President ® 1997 A I A (ID AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT CAUTION: You S) 4 uld sign an original AIA document or a licensed reproduction. Originals contain the AIA logo The American Institute of Architects printed in red; i' ensed reproductions are those produced in accordance with the Instructions to this document. 1735 New York Avenue, N.W. AZ- Washington, D.C. 20006-5292 F IL gki " ' nnur I~nlirnnco. ntnrnmlrn vinlat- 11 c rnnvrinht I-- -d -ill c„hiort the Onlptnr to local n-prlltinn ADDENDUM TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT The swing services will be provided to the Owner as contingent additional (not as a basic service). 3.3.100 Warranty Phase 3.3.1 1 The Architect shall be responsible for reporting all known building defi ncies to the Contractor for a period of one year from the date of Subs tial Completion. Additionally, the Architect shall provide the contractor writt notifications of completed corrections. The one-year period shall be exte ed for portions of work performed after Substantial Completion by the peri of time between Substantial Completion and the actual performance of the ork. The obligation under this Subparagraph 3.3.10.1 shall survive acce ce of the work under the Construction Contract. c 0 _ m 00 m RC o o. T Z T T g p m a . 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O n a: 0 a 00 y V Co y t T G7 0 0 3; c O O o 0 00 0` s c A o -P. 0 N 0 I y N !1f O O O 0 0 0 0 C5 tf N -1o i ~ co O0 o ~ 00 CDI n m. n G; v, , v► EIS ts► Es► f^ E ° coo -4 CA coo -4 ro~o co rn (D t00 o w o N w o o 0 0 0 o z` - ° o ° 0 0 0 0 0 X; p p ° 0 o O 0 ° 0 o ° 0 0 0 0 0 ~cc~' n: m n a i 1 e A QUES OR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO TH COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice 1 I hereby given that (applicant) Wickson Creek Sun proposes to pl e a (type) waterline within across the right-of-way of (road) Alexand sd; ~r in Brazos County, Texas as follows: The locatio Or description of the proposed installation is more fully shown by 3 copies of th rawings attached to this notice. I understand Ond agree that: 1. The unty Engineer must be notified 72 hours prior to the beginning of co truction in order that he, or his designated inspector, may inspe the actual installation. 2. All d age to the roadways and rights-of-way will be repaired to their origin condition to the satisfaction of the County Engineer. 3. Braz County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same beco necessary due to widening or lowering, or other alteration of the r way or right-of-way. 4. Braz County will in no way be responsible for any damage which might ccur to any existing utility lines in the right-of-way. 5. The li will be constructed and maintained on the County right-of-way in acco nce with the Utility Accommodation Policy which was adopted by the Texa Department of Transportation on May 29, 1989. 6. The li or lines will be constructed no less than twenty-four inches (24") lower an the lowest part of the drainage or bar ditch and the drainage is to be co idered at least two feet (2') below the center of the roadway. 7. All sit will be barricaded during the construction period. this line will begin on or after the 16 day of M. 20 05. Firm: Wickson Creek SUD By. Oa Title: offs a Ma. age, Address: P. 0. Box 4756 Bryan. Texas 77805 Phone: 979-589-3030 Emola COURT PN Date f COMMISSIONERS' Randy Sim , County Judge Ok .,,,,r y Ar'Ao f13~OS~ VL PAGE ~1 BRAZOS COUNTY Cay COMMISSIONERS' COURT ACTION FORM DEPART ENT Road and Bridge NUMBER 560010 DATE O 'ICOURT MEETING: February 8, 2005 ITEM: R uest from Wickson Creek Special Utility District to construct a road bore in the in the rialri of way of Collette Lane at its intersection with Alexander Road for water line installation. Site is located in Precinct 2_ SOURCH OF FUNDS: N/A UIREMENTS: 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 Hicghways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. IONS: OR ALTERNATIVES: SUBMITTBD~,BY: Richard F ance, P.E. County E ineer 0005-00 AP V BY: ommissioner E. Duane Peters Precinct 2 This Req st is Approved r9'-//Denied ❑ by Commissioners' Court Date: n~~s~lI s, County Judge VOL FACE DD ky' Cr DEPA R DATE O ITEM: F BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM PENT Road and Bridge NUMBER 560010 RT MEETING: February 8, 2005 to ations in the rights_ of way of Peach Creek Cut Off Road is located in Precinct 1. SOURCEIQF FUNDS: N/A IR ENTS: 1) work will be permitted between front slope and/or back slope. 2) I installation(s) shall be constructed in designated utility easements, if applicable. If no utility eas ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) 1 he case of a road bore, perpendicular to the right-of-way line. 3) 1 learing of brush, trees and other obstruction is necessary, it shall be the Applicant's res sibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) ch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con cted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ice of the Brazos County Engineer. 5) nstruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Dev s for Streets and Highways, published by the Texas Department of Transportation, and all other Stat nd Federal laws governing utility construction. NOTES/ENCEPTION ESTE SUBMITT8D BY: Richard F County Ei 0005-00~ This Req Date: lance, P.E. ineer APPROVED BY: X144 d kr"QCh lull"t, Commi sioner Lloyd Wasserman Precinct 1 roved I /Denied ❑ by Commissioners' Court s, County Judge Hon ble Judge Randy Sims W.O.36306721 261 ighway 21 West Brya Texas 77803 Forrr ii I notice is hereby given that the United Telephone Company of Texas, Inc. poses to install buried communications cable upon and along the Righ )f-way of county roads in 6,in, County, Texas, as follows: A;,f IMP VED ROADS (paved) - The contractor will plow cable in backslope with 8' of ht-of-way line. Pipe will be bored under all paved county roads exte ing from ditch line to ditch line with a minimum cover of 30". IMP VED ROADS (gravel) - The contractor will plow cable in the backslope of thload, one track of the plow tractor on the backslope the other may com o the shoulder of the road neither whole tractor or plow will be on the r d surface. UNI ROVED ROADS (dirt) - Same as improved, unless because of ditches, trees nd other terrain features, it is more practical to plow in the center of th oad. In these cases, the cable will be plowed in the center of the road. Not livable in County. BRU DISPOSAL - Any brush, trees, etc., that are cut will be burned or disp d of and not left in the ditch. Rocks brought up by tractor or plow ill be disposed of. I OF CABLE - All cables will be placed at a minimum depth of 30° where crossing dams or ditches, at which locations the depth of will be at a minimum of 24°. The f lowing are requirements which are made on the contractor: 1. a plowing equipment shall be subject to the approval of the gineer and the Public Authorities having jurisdiction over highway road rights-of-way. 2. a equipment and construction methods used by the contractor shall such as to cause minimum displacement of the soil. The slot made i the soil by the cable plow shall be closed immediately by driving vehicle track or wheel over the slot or by other suitable means. 3. mage to banks, ditches, driveways, and roads caused by the equipment all be immediately repaired to the satisfaction of the Engineer and blic Authorities having jurisdiction over highway and road right-of- y where involved A . O k 6A I J fro G 4. enches shall be promptly back-filled with earth, and mechanically d t i 6 i V-0-S pe a s x ( ) nch lifts so that the earth is restored to original de to assure no hazard to vehicular, animal or pedestrian traffic. t h P, et renc es shall be left open overnight. 5. e usual 10%fees withheld from contractor until repairs are made 1 isfactory with Engineer and Public Authorities having jurisdiction right-of-way involved. County will not be held liable at any future ,n 0L Tr dat r accidental damages to the buried cable plant by road working equi ent such as maintainers, hole diggers, etc. In the event of suc ` amages the Telephone Company will be notified immediately. The ounty Commissioners Court may require the owners to relocate this line, r valid reasons under the law, by giving thirty (30) days writtnotice. Where communication facilities are located on county road ROW the Telephone Company will relocate said facilities at no expense to the County. Where communication facilities are located on private property the county will reimburse the Telephone Company for the relocation of said facilities. At a place where a communications line crosses over a county road, it shall a constructed and maintained at least eighteen (18) feet above the ace of the traffic lane. notify forty-eight (48) rior to starting construction of the line, in order that a ntative may be present. Mcations of the proposed lines are more fully shown by the copies atta d to this notice. of this line will begin on or after the 15th day of .2005. UNIJI~D TELEPHONE COMPANY OF TEXAS, INC. BY Routine Engineer P. Oox 2077 Hum e, TX 77347-2077 DATE: 10/27/2004 '~~S COUNTY DATE.Okl LP~ APPRO County Jud or Commissioners Court p' O r- 4 V / # 2cr The JAate of Texas, County of BRAZOS We, 11 a undersigned, as County Commissioners within and for Brazos County, and the Hon ble Randy Sims, County Judge of Brazos County, constituting the entire Conur ssioners' Court of Brazos County, during a regular meeting of said Court have exam ` ed the foregoing report and have caused an order to be entered upon the Minutes of th Commissioners' Court of Brazos County approving said Report as presented and sub ed as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for i the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.16) my hand this _ day of ✓Li .D. 2005 aren McQueen County Clerk, County of BRAZOS, State of Texas and approved in open Commissioners' Court this g day of kar~j 2005. Randy Sims, ge6hty Judge Lloyd asserman, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 s Reports for the MONTH of DECEMBER 2004 and QUARTER ENDING 12/31/2004 Va&J PAGE-9-5 J M fV oo co" t9 T p ^ ti 00 .Mi ~rvi LO ^ Q O Ln 7 01 Lf1 Ln ^ Ln 7 L 00 L^p n M M Ol N . m O^ .^i •-1 co N O ^ l0 7 LD 7 01 n N 0 M Of 00 OM1 Ln O O ^ N N. L M M N lA C 01 M 01 Ln 0 LO N to N N 7 LA N^^^ .-L In N M 01 i~ 06 M. 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BRAZOS COUNTY CONSTABLE PRECINCT 206 NORTH WASHINGTON BRYAN, TEXAS 77803 (979) 361-4266 (FAX) (979) 361-4200 #C27- January PV 2005 TO: I I Commissioner's Court FROM: 1 Isaac Butler, Jr. RE: I Racial Profiling This lett is a request to be put on the agenda for the Racial Profiling documents. If you should have an uestions, please feel free to call the office. Respectfully Submitted. Isaac Butler, Jr. ACKNOWLEDGED: X~ j I o) 1,-6 dy Sims, County Judge date ~ ^ll~ra V0 _~LP GE. Da ti D D a D N d O O N C -I d TJ ~~N fD a D d p O = l- CC -i 0 ~:~p:p a ( (D N D N d A. N- C d 1 d U N fD a D N p_ O y. 'I CT CD m C (D (D m (D v rT Al cn --4 C V ~ ~ N S 5 wy>s ~ ~ 0 0 e d G ~ ~ ~ ~ d M m o O V O O N W x O A N W . d t n ' W Q M b (J1 A o a° 3° a° 3° n N w N o co (0 Lnn N 29 N 2p O 2p 'O 0 O O N 7 J O w w _ : w V K ~ fJl- ~ f0 O ~ ~ m . 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