ukUER Nu. nnectlon with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subseyuent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by Rre or other cause during construction, and fur nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made nccrssary by the deFault of the Contractor, by major defects or deficiencies in the Work oP the Contractor, ur by Failure of performance of either the Owner ur Contractor under the Contract fur Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor ur others in connection with [he Wurk. 3.3.8 Providing services in connecton with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party [hereto. 3.3.9 Preparing documents for alternate, separate or seyurntial bids ur providing services in connection with bidding, negotia- tion or construction prior to the almpletion of the Consnuc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special smdies. 3.4.3 Providing planning surveys, site evaluations or cum- parutive studies of prospective sites. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA® • C~IYA? THE AMEAA:AN INSTIl'L'TE OF ARCHITECTti, P35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1967 4 3.4.4 Providing special surveys, environmental studies and submissions required fur approvals of governmental authorities or others having Jurisdiction over the Project. 4.2 The Owner shall establish and update an overall budget ftx the Project, including the Construction Cost, the Owner's other casts and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to fitture facilities, systems~Gf>~ , and equipment. l~v , e e ...~..,.. e ~e,,.....,.s., .,. Farriu~ 3.4.6 Providing services [u investigate existing condidons or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other informatlon furnished by the Owner. 3.4.8 Providing coordination of constmction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with constmction performed and equipment supplied by the Owner 3.4.9 Providing services in connection with the work of a con stmetiun manager or separate consultancy retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for ur in mnnectlon with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and defailed appraisals of existing facIDties. 3.4.16 Preparing a set of repmdueible record drawings show ing significant changes in the Work made during cunstructiun based un marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance ro the Owner of the final Certificate fur Payment, or in the absence of a final Ger tiflcate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect ui order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and udlity locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rightsof--way, restrictions, easements, eneroachmen[s, zoning, deed restric [ions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and informatlon concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall he referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnica] engi- neers when such services are requested by the Archimct. Such services may include but are not limited to test borings, test pits, determinations of soil hearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.8.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope. of the Project and are requested by the Architect. 4.7 The Owner shall famish structural, mechanical, chemical, air and water pollution tests, 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, accurmting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Comractor'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, infotmation, surveys and reports required by Paragraphs 4.5 through 4.8 shall br furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of cerdfica[es or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to eseCUtion. The Owner shall not request crttifica- tlons [ha[ would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® •x1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON. D.C. 2000( ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cust shall be the total cost or esti- matedcost to the Owner of all elements of the Project designed or specified by the Architect, 5.1.2 The constmction 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, plus a reasonable allowance for the Con- tractor's overhead and profit In addition, a reasonable allow once for condngeneies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Consttuction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the fund, rights-of-way, financing or other casts which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUC710N COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Com stmctlon Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional ftmiliar with the constmction industry It is recognized, however, that nei- ther the Architect nor the Owner has control over the cos[ of Tabor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negutiadng conditions. Accordingly, the Architect cannot and does not warrant or represem chat 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 [he Architect. 5.2.2 No fixed limit of Construction Cos[ shall he established as a condition of this Agreement by the famishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the constmction Cost to the taxed Ilmi[. Pixed limits, if any, shall be increased in the amount of an increase in the Contract sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has nut commenced within 90 days after the Architect submits the constmction Documents to the Owner, any Project budget or fixed limit of constmction Cost shall be adjusted to reflect changes in the general level of prices in the constmction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a faxed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph R.3; or .4 cooperate in revising the Project scope and quality as required to tedaee the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tmet Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement The modification of Contract Documents shall be the limit of the Architect s responsibility arising out of the estahlishment of a fixed Ilmit. The Architect shall be entitled to compensation in accordance with this Agreement fir all services performed whether ur not the Cunstruction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by [he Architect for this Project are instruments of [he Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall he deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others un other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or mpensated fot services performed prior to termination, together with Reimhursable Espensec then due and all Termination Expenses as defined in Paragraph 8? 8.7 Termination Expenses are in addition to annpensa[ion fur Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned [o [hc time of ter- mination, as follows. 1 Twenty percent of [he total compensation fur Basic and Additional Services earned ro date if termination occurs before or during the predesigq site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subseyuent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those In AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the patties to this Agreement pertaining m acts or failures io act shall be deemed to have accrued and the applicable statutes of limitations shall tom mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of [he final Certlficace for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent aro- ered by property Insurance during eons[nction, except such rights as they may have to the proceeds of such insurance as set forth in the edltlon of AIA Document A201, General Conditions of the Contract for Construcalon, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants .mil agents. 9.5 The Owrn-r and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives [o the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect ro all covenants of [his Agreement Neither Owner nor Architect shall assign this Agreement without the written con- scn[ of the other. 9.6 This Agreement represents the entire and Integrated agree- mrnt between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ ten ur 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 contrac- tual relationship with or a cause of ae[lon in favor of a third party against either [he Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibllity fur the discovery, presence, handling, removal or disposal of or expo- sure ofpersons to hazardous materials in any font a[ the Project site, including but nor limited to asbestos, asbestos products, polycitlorvta[ed biphenyl (PCB) or other toxic substances. 9.9 1'he Architect shall have the right to include represema- [ions of [he design of [he Project, including photographs of [he exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall no[ include the Owner's confidential ur proprietary information if [he Owner has previously advised the Architect in writlng of AIA DOCUMENT 8141 • UWNE&ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAm • ©13 %Adoptton of Budget' ~'' '"r`I ~ ~?~d ,. w. _ . __ ,.,,, .Sets 148'7, 76th ltp„ cft, l44; $ 1, eff. Sept. I, 1987. ... ~,. ~,~ ,t~. ., .. , ~~~:,. I~~ ~ + ~0, § 111A09. Approved BudgetfFiled With County Clerk; + '' ~j On final approval of the budget by the commissioners court, the court shall4 file the budget with the county.. clerk. ~.; ~: r.;r~~: ,~. .~ Acts 1987, 70th Leg , ch. 149, § 1, eff. Sept. 1, 1987. ~~' i .a ~i~. ;: ~ § 111.010. Levy of Taxes and Expenditure of Funds Under Budget;`; i Emergency Expenditure ;-' , ~' (a) The commissioners court may,'levy,taxes only in accordance with they id. budget. ~ r.. ~~~ iY ,~ ~ ,. ~ ...,~ ~+ r ~~ ' ~~ ~ ,,w~~ 'I' (b) After final approval of the budget, the commissioners court may spend i county funds only in strict compliance with the budget, except in an emergent i y ~y ~„` }~ ~~ (c) The commissioners court may authorize an emergency expenditure as; an amendment to the original budget only in~a~case~of grave publiC~iiec'essi2~ ~' to meet an unusual and unforeseen condition that could not have been¢ included in the original budget through the use of reasonably diligent thought; .and attention. If the court amends the original budget to meet an emergency; the court shall file a copy of its order amending the budget with the county;: clerk, and the clerk shall attach the copy to the original budget. , i~ t Ut,~., _. k ~ ,.{ *,.1. , '`:.. ,'~ ~;y;s t :~~ rs c ;n ~'; „'`: Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 111.011. Changes In Budget for County Purposes This subchapter does not prevent the commissioners court from changes in the budget for county purposes. '; Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 200 KERR COUNTY PRUPUSED BUDGET 1U-11-90 PERMANENT IMPROV EMENT FUND - REVENUES & EXPENDITURES " FUR FISCAL YEAR O CTOBER 1, 1990 TU SEPTEM BER 3U, 1881 ", DEPARTMENT DEPT. N0. PERMANENT IMPROVEMENT FUND FUND 7U ESTIMATED PRUPUSED APPROVED BUDGET ACTUAL BUDGET BUDGfiT ACCT -----=- DESCRIPTION ------------------- 1888_80 1989-9U 1890-91 1880-81 REVENUES: - - --- --------- --------- ---------- 103-100 NUW ACCOUNT 50,150 51,120 87,662 87,662 103-200 310-100 CURRENT TAXES 35,792 35,782 19,414 19,695 360-100 INTEREST EARNINGS -----750- -----750 2_500 2,500 TOTAL AVAILABLE 86,692 87,662 ---- 109,576 ---- 109,857 EXPENDITURE S: , 450-560 JVNL. DETNTN & BND CSTS 60,000 0 30,000 10,000 103-100 ENDING FUND BALANCE 26,692 --------- 87,662 ---- -- 79,576 -- 99,857 TOTAL EXPENDITURES 86,692 - - 87,662 ------- 109,576 ---------- 108,857 r t[ER^ COUNTY TREASURER Lju~9geted Revena. for the 1`1941-91 Fis_al Year FERMANELJT IMFROVF.MENT Line Item and Des-ription ................ ~n- 31Ff-11~f AD VALOREM TAXES t6Gf-10r] INTEREST EARNINGS fot'al PERMANENT IhiFROVEhIENT 08-89 89-9U `JCf-91 ...Actual,. Est Actual. ..Approved. S 5 35,792 5 19,695 773 2,4~?r1 2,5c3~ ----------- ----------- ----------- 5 773 5 38,192 5 22,195 ~.. }:ERR [INTY TF.EASURER Bu3geted Appropriations for the 19J~?-91 Fiscal Year FERMANENT Ih1FROVEhtEfiT FERhiANEf1T IMFROVEt1ENTS ne Ilern an~i Description ................ r-67_- ~~J JVN DET ~: HOND COST 1 FURCNASE OF FROFERTY ~ta1 FERMANENT IMFROVEh1ENTS 88-89 89-gi+ _rr91 ...Actual.. Est Actual. ..Approve3. 5 5 ~) 5 1n,F+U~+ r t +) ----------- ----------- ----------- 5 ~+ 5 it 5 ln,crr]+)