HomeMy WebLinkAbout1994-04-18-0900AM-SpecialIL
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BR.AZOS COUNTY
BRYAN. TEXA8
AGENDA
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BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE COMMISSIONERS' COURT WELL MEET IN SPECIAL SESSION ON MONDAY,
APRIL 18, 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on budget amendments.
4. Consider and take action on Resolution that proclaims. April 16-23, 1994, as
County Government Week in Brazos County.
5. Consider and take action on request from Commissioner Wilcox for out of state
travel.
6. Consider and take action on authorizing the District Attorney to apply for a
grant for an Investigator.
7. Consider and take action on the transfer of a surplus vehicle from the
Sheriff's Department to Precinct 2 Constable.
8. Consider and take action on approval to advertise for proposals on the
following:
a. Resurfacing of the Brazos Center Parking Lot
b. Long Distance Service
c. Inmate Telephone Service
d . External Audit of Financial Statements
9. Consider and take action on Order requiring food service establishments,
retail food stores, mobil food units, and roadside food vendors to obtain a
health permit to operate and pay fees.
10. Consider and take action on Order establishing fees for the Order of Brazos
County, Texas requiring food service establishments, retail food stores, mobil
food units, and roadside food vendors.
11. Consider and take action on an Agreement for temporary housing of jail
inmates between Texas Department of Criminal Justice and Brazos County.
12. Consider and take action on Contract between Emmett Trant & Associates and
Brazos County regarding addition to Minimum Security Jail.
13. Consider and take action on request from Wellborn Water Supply Corporation
to install waterline in county right-of-way of Greens Prairie Road in Precinct
1.
14. Consider and take action on work outside county rights-of-ways for the
enhancement of county road projects in Precinct 3.
15. Acknowledge recelht ul' 11nizua County .luvenilu SorviecH Grutcts Annual ~
Reports from Auditor.
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17. Consider and take action on payment of claims.
18. Adjourn.
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COMMISSIONERS' COURT
SPECIAL MEETING
APRIL 18, 1994
' A special meeting of the Commissioners" Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
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a.m. on Monday, April 18, 1994, with the following members of
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the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
} Walter Wilcox, Commissioner of Precinct 2, Absent;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4, Absent;
l Mary Ann Ward, County Clerk.
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The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Carol Palmer Admin. Asst. to County Judge
Bea Green Secretary to Commissioners
John Reynolds Auditor
Cheryl Turney Auditor's Office
Terri White Treasurer's Office
Richard Vance County Engineer
Bobby Riggs Sheriff
Rita Watkins Sheriff's Office
Johnny Burkhalter Jail Administrator
Bill Turner District Attorney
Eric Smith Assist. District Attorney
Yvonne Salce Bryan/College Station Eagle
John Blomberg KBTX-TV
Phyllis Fahlquist LWV
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court next considered Budget Amendment #93/94-11,
which would reallocate funds budgeted for Juvenile Services
and Non Departmental. On motion by Commissioner Sims,
seconded by Commissioner Norton, the Court voted unanimously
to approve the budget amendment as submitted, a copy of which
is attached hereto.
The County Judge read aloud a Resolution designating the
week of April 16 through 23, 1994 as "County Government Week".
The Court encourages all its citizens to become more aware of
the history and involved in the future of Brazos County. On
' motion by Commissioner Sims, seconded by Commissioner Norton
the Court moved to proclaim the week of April 16 through 23,
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Commissioners Court meeting April 18, 1994
1994 as "County Government Week" throughout Brazos County.
{ The next matter for consideration by the Court was a
written request submitted by Commissioner Walter Wilcox
requesting approval for out of state travel for himself.
Commissioner Wilcox will be traveling to Memphis, Tennessee to
attend the Southwest State RC&D meeting June 26 through the
29, 1994. On motion by Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to grant the
request from Commissioner Wilcox and approved payment of out
of state travel expense for him.
The Court next considered a request from the District
Attorney seeking authorization to apply for a grant for an
investigator. The District Attorney gave the Commissioners
supporting documents to justify the hiring of an investigator.
He told the Court that in certain circumstances, law
enforcement agencies have the authority to seize a criminal's
personal assets under the State's Asset Forfeiture Act. In
some cases, those assets are well hidden. A financial crimes
investigator attached to the District Attorney's office would
E be capable of making the proper inquiries into hidden assets.
Mr. Turner then told the Court that the cost to the county for
the rest of 1994 would be approximately $3,000.00. He did say
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that this was a declining grant so that by the year 1998, the
cost to the county would be $41,540. After lengthy discus-
sion, and on motion by Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to authorize
the District Attorney to apply for a grant for an investigator
with the stipulation that there be a review after seventeen
(17) months. A copy of the resolution is attached hereto.
On motion by the County Judge, seconded by Commissioner
Norton, the Court voted unanimously to authorize the transfer
of a surplus vehicle from the Sheriff's Department to Precinct
2 Constable.
The next matter for consideration was approval to
advertise for proposals on the following items:
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Commissioners Court meeting April 18, 1994
(a) Resurfacing of the Brazos Center Parking Lot
(b) Long Distance Telephone Service
(c) Inmate Telephone Service
(d) External Audit of Financial Statements
on motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to authorize the
Purchasing Agent to advertise for proposals on all of the
above referenced items.
The Court next considered adopting an Order requiring
food service establishments, retail food stores, mobil food
units, and roadside food vendors to obtain a health permit to
operate and pay fees. Commissioner Sims explained that in the
past, establishments outside the city limits of both cities
were inspected but not required to pay a fee for the permit.
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to adopt an Order
requiring food service establishments outside the city limits
of both cities to obtain a health permit to operate and pay
fees. A copy of the Order is attached.
The next matter before the Court was adopting an order
establishing fees for the Brazos County Order requiring food
service establishments, retail food stores, mobil food units,
and roadside food vendors to obtain a health permit to operate
and pay the following fees:
Type of Establishment Total Floor Area Fee Amount
(Gross Square Feet)
Eating/Drinking General 0 to 2,999.........$ 75.00
3,000 to 4,999.........,$ 100.00
5,000 to 14,999.........$ 125.00
15,000 and over 150.00
Child Care Facility 75.00
Mobile Food Unit 75.00
Caterer 75.00
Drinking only 75.00
Public School 75.00
First Time Opening/Plan Review 25.00
On motion by Commissioner Sims, seconded by the County Judge,
the Court voted unanimously to adopt the order establishing
fees for the Order requiring food services establishments
retail food stores, mobil food units, and roadside food
vendors to obtain a health permit to operate and pay fees. A
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Commissioners Court meeting April 18, 1994
copy of the order is attached.
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The Court next considered entering into agreement with
the Texas Department of Criminal Justice to provide temporary
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Jail facilities for housing inmates. The County agrees to
provide temporary jail facilities to house ninety six (96)
inmates by June 1, 1994. Brazos County will receive $3,968.25
per bed for the temporary jail facilities to house inmates
through August 31, 1994. On motion by Commissioner Norton,
seconded by Commissioner Sims, the Court voted unanimously to
enter into agreement with the Texas Department of Criminal
Justice to provide temporary jail facilities for housing
inmates and authorized the County Judge to execute the
Agreement on behalf of Brazos County. A copy of the Agreement
is attached hereto.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Emmett Trant
and Associates for architectural services for the addition to
the Minimum Security Jail on Sandy Point Road. On motion by
the County Judge, seconded by Commissioner Sims, the Court
voted unanimously to enter into contractual agreement with
Emmett Trant and Associates for architectural services for
the addition to the Minimum Security Jail. A copy of the
contractual agreement is attached hereto.
The Court next considered the request from Wellborn Water
Supply Corporation to install a water line in the right-of-way
of Greens Prairie Road beginning at its intersection with
Woodlake Drive northeastward for a distance of 1,200.0 feet.
The site is located in Precinct 1. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to approve the request of Wellborn
Water Supply Corporation and authorized the installation. A
copy of the request is attached hereto.
The Court next considered authorizing work outside of
county rights-of-way. The Road and Bridge Department
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Commissioners Court meeting April 18, 1994
requested permission to enter the private property of Leonard
Morehead located at the southwest intersection of Merka Road
and FM 1179 in Precinct 3. The Road & Bridge Department will
to bury a dead horse for the health, safety and welfare of the
general public. On motion by Commissioner Sims, seconded by
Commissioner Norton, the Court voted unanimously to authorize
the work.
The Court acknowledged receipt of the Brazos County
Juvenile Services Grants Annual Reports from the Auditor.
The Court proceeded to consider the change of status of
the following employees.
NAME
Engleman, Kathy
Bradshaw, Darlene
Polansky, Sylvia
Reed, James
Skorupinski, S.
Fisher, Kristy
Pere, Betty
Farmer, Anna
Reyes, Ruth
DEPARTMENT
County Clerk
County Clerk
District Clerk
Road & Bridge
Tax Office
Tax Office
Tax Office
Tax Office
Tax Office
REASON
Resignation
New Employee
P/T to F/T
P/T to F/T
6 mon Increase
Resignation
New Employee
6 mon Increase
6 mon Increase
on motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the changes as
submitted with the stipulation that the hire date of Ruth
Reyes be checked to see if it falls within the guidelines
established by the Court.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
10--GeneralFund-------------- Claims--8041--thru--8294--
Claims--8298--thru--8505--
20--Road & Bridge-------------Claims- -thru- -
32--Records Mgn. & Presv------ Claims--8506--thru--8507--
54--Health Department --Claims--8554--thru--8589--
60--Payroll------------------- Claims--8590--thru--8612--
61--Health & Life Ins--------- Claims--8613--thru--8618--
90--Brazos County Grants------ Claims--8619--thru--8793--
91--MPO----------------------- Claims--8794--thru--8795--
97--Marc. Traf. Task Force Claims--8796--thru--8797--
On motion by the County Judge, seconded by Commissioner
Norton, the Court voted unanimously to approve the Claims as
submitted.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes
of the Commissioners Court Meeting held
have
been examined and approved in open Court
this the
day of
t~2* 19in Bryan,
Brazos County,
Texas.
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R.J. Hol gr en
County Judge
Gary Nor n
Commis ne , Precinct 1
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Walter Wilcox
Commissioner,
Precinct 2
Randy S ms 'f
Commissioner, Precinct 3
Milton Turner
Mary A Ward
Commissioner,
Precinct 4
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1993-1994 BUDGET YEAR
NO. 93/94-11
On this the 18th day of April 1994 at a special meeting of the
Commissioners' Court, the following members were present:
R. J. Holmgreen, County Judge, Presiding
Gary Norton, Commissioner, Precinct lj
Walter Wilcox, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3=
Milton Turner, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on April 18, 1994, the Court heard and approved
a budget amendment for the 1993-1994 budget year for Brazos County,
Texas. '
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 13,
1993, the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 18th day of April 1994
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: R. J. Holmgreen, County Judge
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Original: County Clerk's office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File ~
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Budget Amend. No. 93194-111 04'18-94
DEPT
ACCOUNT #
ACCOUNT NAME
INCREASE
(DECREASE)
RAN
FUND
General Juvenile
10-32-5616
Professional Services
,
(13,000)
To pay
monitoring
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Services
10-32-5615
Equipment Rent/Lease
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INC. TO DEPT Bi1(~GET , ,
Non Depart
10-14-5677
Property Tax/Lease Bldg
~,338
38)
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Reallocate
funds
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10-14-5672
Uncollectable Taxes
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ING. TO DEPT RUQGEf
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ORDER REQUIRING FOOD S_tVICE _r3TAI3LIS122=S,• •
RETAIL FOOD STORES; ! T:O~ILE FOOD; UitITS, `
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AND ROADSIDE, FOOD y V -DOF: ' ~ t
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WHEREAS, Art. 437.003 Ver. Tex' Code Ann. Health and, Safety'
Code grants counties the' 'authority -'.to require • food- service:
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establishments, retail food stores, mobile food units, and'roadside •
food vendors in unincorporated areas of,the county, including areas
in the extraterritorial jurisdiction'of',4 municipality, to obtain
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a permit to operate; and
WHEREAS, Art. 437.012 Ver. Tex Code' Ann. , 'Health, and afety code
authorizes the County to require the
'payment. of a fee,•'for issuing '
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or renewing a permit;
NOW, THEREFORE, be it ordered by the Commissioners Court of,'fi,
Brazos County, Texas that all food'service establishments, retail
food stores, mobile food units, and roadside food vendors obtain a','
health permit to operate and to pay the established fee for such
permit.
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Adopted by the Commissioners Court of Brazos County this the
11th day of April, 1994.
County Judge
Gary Nor :Walter Wilcox
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Commiss er, t. 1 Cor%,,nissioner, Pct. 2
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Randy Sims Milton Turner
Comrr,issi cr, Pct. 3 Commissioner, Pct. 4
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FoW Permit 3-94 r u ;
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ORDER ESTABLISHING FEES FOR
THE ORDER OF BRAZOS POUNW, # TEXAS'
REQUIRING FOOD'SERVICE gSTABLISHMENTS
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.RETAIL'FOOD STORES; MOBILE FOOD'UNITS,
AND ROADSIDE FOOD VENDORS '
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WHEREAS; the Brazos County Commissioners Court has adopted the
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order requiring food service establishments,'retail food stores,
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mobile food units, and roadside food vendors in unincorporated
areas of the county, including ,
areas in the extraterritorial
jurisdiction of a municipality to obtain permits to operate under
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the authority of Ver. Tex. Code Ann.,'Health and Safety
Code, art.
437.003; and
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WHEREAS, Ver. Tex. Code Ann.,' Health and safety •Code, art.
437.012 authorized the requirement of, fees for issuinq.'or renewing
a permit, and the order establishes that the Commissioners Court
shall require fees to be paid upon application for a permit or
renewal permit:
NOW, THEREFORE, be it ordered by the Commissioners Court of
,
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Brazos County, Texas that the following fee schedule for permit
applications for the respective types of food outlets sha
ll become
applicable on the date of adoption-of ;this order:' .
Types of Establishment: Total Floor Area Fee Amount
Gross square Ft.).
Eating & Drinking (general)
0 to 2,999..:......=
75.00
3,000 to 4,999........y
100.00
5,000 to-14,999....
125.00
• 15,000,'and over....'.....
150.00
Child Care Facility
,75.00
Mobile Food Unit
75.00
Caterer..
Drinkin
ONLY
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75.00
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Public School
75.00
00 ,
'75
.
First time opening/plan review...'
9
25.00
Adopted by the Commissioners Court of Brazos County
this the
11th day of April, 1994.
Jo
R.J. een
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County Judge,
Gary on ,Va ter w cox '
Comma one , t. 1 Commissioner, Pct. 2
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Randy Sims Milton Turner ,
Commission r, Pct. 3 Commissioner, Pct. 4
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Enviromental Health Services
Fee Schedules
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Consultant
Eclor
Wnchita
Williamson
Montgomery
Tyler Smith
Annual Food Service
Loaf
Ptc;CSed
Report
Midland
County
Abilene
Fans
County
Coun
Laredo
Waco
County
1.5empio eos
$75,00
$35.00
$7000
$90.00
$40.00
$75.00
$3500
$75.00
$37.50
6.10 employees
$1 500
$3500
$7000
$9000
$7500
$75,00
$70.140
$75.00
$56.25
11.34 employees
i 000
$75.00
$70.00
$110.00
$10000
$75.00
$28000
$100.150
$75.00
35• lusamplo eas
$150.00
$150.00
$7000
$12000
$150,00
$75,00
$28000
$250.300
$93.50.150
Mobile Unit •
$50.00
$75.00
$112.44
$25.00
50.00
$70.90
$75.00
$3500
$100,00
$75.00
Convenient Store
$5000
$75.00
$11244
$5000
$45,00
Warehouse
$35.00
$70.110
$S000
$70,00
0.2,999 sq. feet
$50.00
$75.00
$112.44
$75,00
3.000 to 4,999 sq feet
$76,00
$10000
$112.44
$75,00
5.000 to 14,999 sq feel
$100.00
$125.00
$112.44
$75.00
15.000 and avers , loot
$150.00
$175.00
$14144
$75.00
50
$17
$25
00
$37.50
Temporary
$15.00
$20.00
535.00
$25.00
520.00
$10.00
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Annual Food Store
$70
00
$45.00
515.00
0.1000 s q. lost
550.00
$75.00
.
$4500
$100.00
1.001 •2.500 s q. loot
$50.00
$75.00
$80.00
00
545
$150.00
2,501 sq. foot
$50.75
$75.100
$90.00
.
$45
00
$250,00
5.001 sq. feet
-$100.00
$125.00
$100.00
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00
$300
10,001 and ovenr sq. foot
$100.150
$125.175
$110.00
$45.00
.
Foodhsndlore
00
$5
510.00
$8.50
$10.00
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Cards
$10.00
$15.00
$24.10
.
Operators
$35.00
$35.00
$10,00
Septic Systems
On Site • Now (CltV)
335.00
On Site • Existing
On Site • New (County)
$35.00
$75.00
$117.97
$50.00
$50.00
$35,00
$20.00
560,00
$60.00 plus
$70.00
$175,00
$10.00
$60,00
Pere Test
$25.00
$50.00
$15,00
$60.00
$40.00
$50.00
Roinspect on Fee
$10.00
$2500
$10.00
$60.00
550.160
$50.00
$50.00
Five Year
$25.00
$60,00
$117.97
Ooyeare Foes
Exislin Facia
$15.00
$20,00
$143.97
$10,00
$50.00
$25.00
$25.50
NowFaclli
$10.00
$35.00
Tattoo Parlor
$100'00
$40.00
535.00
Swimmin Pool (public)
Survey Co
mpilation
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a
TEMPORARY HOUSING AGREEMENT
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This Housing Agreement (hereinafter this "Agreement") is made and entered into by and between
the Texas Department of Criminal Justice (hereinafter the 'TDCJ") and Brazos County (hereinafter the
"County"). pursuant to the Chapter 791. Texas Government Code. and other statutory provisions cited
hereafter.
WITNESSTH:
WHEREAS, certain county jails are overpopulated. raising the threat of riot, public calamity, and
emergency conditions; and
WHEREAS, TDCJ, pursuant to Code of Criminal Procedure, Art. 42.13(tOxb), and Senate Bill
532, 73rd Texas Legislature, possesses authority to make grants to and enter into contracts with counties
for housing inmates; and
WHEREAS, the Texas Commission on Jail Standards (hereinafter "Commission") has authority
under applicable law to, among other things, provide that safe and suitable jails are provided for the
confinement of inmates in local detention facilities; and
WHEREAS, TDCJ and the County wish to enter into this Agreement whereby the County will
provide temporary jail facilities for housing of such Inmates;
NOW THEREFORE, for and in consideration of the premises and the mutual covenants
hereinafter contained. and subject to the conditions herein set forth, the parties agree as follows:
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SERVICES
Section 1.1. Housing. County agrees to provide. at a site agreeable to the Commission.
temporary jail facilities to house Ninety-Six (96) inmates at any one time. Such housing shall meet Jail
Commission Standards for temporary housing of medium-risk inmates. Such housing, to include all
necessary infrastructure, shall be operational on or about June 1. 1994.
Section 1.2. Duration of Temporary Housing. It is agreed that the temporary housing to be
provided by County under this Agreement shall be available for occupancy on or about June 1. 1994 and
shall provide occupancy for such inmates through August 31, 1994.
Section 1.3. Inmates Eligible for Housing. Inmates eligible for housing in such temporary facility
shall be those inmates as determined by the sheriff.
Section 1.4. Detention Services. County shall provide housing, care, meals, medical services.
record keeping, and other usual jail services for inmates housed in the temporary jail facility.
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PAYMENT
Section 2.1. Payment for Services. It is agreed between the parties hereto that the County shall
be paid, in a lump sum payment upon submission of an invoice to TDCJ, the sum of $3.968.25 per bed
for the temporary jail facilitits. Such sum shall be compensation for housing, care, and all other usual
services performed by the County in housing such inmates through August 31, 1994.
Section 2.2. Billing For Services. County shall submit one invoice for services to TDCJ as soon
as possible after execution of this Agreement. Such invoices shall be accompanied by sufficient
documentation to allow TDCJ to make timely payment to the County.
III
TERM OF AGREEMENT
Section 3.1. Term of Agreement. This Agreement shall commence on the effective date hereof
and terminate at 12.01 a.m., September 1, 1994.
Section 3.2. Manncr of Giving Notice. Any notice required by this Agreement shall be provided
by Certified mail, return receipt requested and addressed as follows:
Executive Director County Judge
Texas Department of Criminal Justice County of Brazos
P.O. Box 13084 Courthouse
Austin. Texas 78711 300 E. 26th St.
Bryan, Texas 77803
IV
STANDARDS
4.1. Service Standards. In performing the services required by this Agreement. County shall
observe and comply with all applicable laws, rules and regulations affecting the services to be provided.
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MISCELLANEOUS
Section 5.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto. All prior representations, agreements. and understandings are superseded hereby.
Section 5.2. Amendments. This Agreement may be amended or supplemented only by a written
document signed by the duly authorized representatives of the parties hereto.
Section 5.3 Contingent on Availability of Funds. The County expressly agrees that the
performance by TDCJ under this Agreement is contingent upon the availability of necessary funds.
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EXECUTED in two originals and effective this the J& , day of , 1994.
TEXAS DEPARTMENT OF COUNTY OF BRAZOS
CRIMINAL JUSTICE
By: Y3ti• By:
Title: Deputy Director of Administrative Title: 89,4705 e'QY& 1 7104 -
erv ces
ATT
EST
By:
Cleric, Brazos County
C.W WPMMYAN
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A M E R I C A N
I N S T I T U T E
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AIA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the Fourteenth day of April In the year of
Nineteen Hundred and Ninety-four
BETWEEN the Owner: Commissioners Court. Bryan. Texas
(Annie and suldrtw) .
and the Architect: Emmett Trant & Associates. Bryan. Texas
(Name and mkin s)
For the following Project:
(nKi'mir th-talky drscrlpNw, of Prr,)tvt, location, address and scupr )
A medium security addition to the existing Minimum Security Detention Center on
Sandy Point Road in Brazos County. Texas.
The Owner and Architect agree as set forth below.
Copyright 1917. 1926. 1948. 1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1971, 1977, m 1987 by The American Institute
of Arthitcat%. 1735 Ncw York Avenue. N W , Washingio n, D C 20006, Reproduction of the material herein or substantial
yuotatlun of its provisions without written permm%ion of the AIA violates the copyright laws of the United Sales and will be
suhleu to kwl prowl upon
MA DOCUMENT 0141 - 0%\FR ARLIIITCCT AGREEMENT • FOURTEENTH EDITION - AIAG - 01987
TIIE APIt KILAN 1N%TI rt'Tt 01F ARt 111TECTS• 1735 NEna \ ORK AVENUE. N W, WASIIINGTON, D C ZLXX li ly 8141.1987 1
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
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ARTICLE 1
schedule or construction budget, the Architect shall prcparc,
ARCHITECT'S RESPONSIBILITIES
for approval by the Owner, Design rkvc1opmcnt L cumcnts
consisting of drawings and other documents to fix and describe
1.1 ARCHITECT'S SERVICES
the size and charaeter of the Project as to architectural, struc•
rural, mechanical and electrical systems, materials and such
1.1.1 The Architect's services consist of those services per.
other elements as may be appropriate
formed by the Architect, Architect's employees and Architect's
2.3,2 The Architect shall advise the Owner of any adjustments
consultants as enumerated in Articles 2 and 3 of this Agreement
to the preliminary atimate of Construction Cost.
and any other services Included In Article 12
1.1.3 The Architect's services shall be performed as expedi-
2.4 CONSTRUCTION DOCUMENTS PHASE
tiously as is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
3.4.1 Based on the approved Design Ikvck)pment Ikocu-
Architect shall submit for the Owner's approval a schedule for
ments and any further adjustments in the scope or quality of
the performance of the Architect's services which may be
the Project or in the construction budget authori/.ed by the
adjusted as the Project proceeds, and shall include allowances
Oa nor, the Architect shall prepare, for approval by the Owner,
for periods of time required for the Owner's review and for
Construction Documents consisting of Drawings and Speciflca•
approval of submissions by authorities having jurisdiction over
tions setting forth in detail the requirements for the construe.
the Project Time limits established by this schedule approved
tkon of the Project.
by the Owner shall rvx, except fix' re2sonabre cause, be exceeded
by the Architect or Owner.
2.4.2 The Architect shall asstst the Owner in the preparation of
the necessary bidding information, bidding forms, the Condi•
1.1.3 The services covered by this Agreement are subject to
dons of the Contract, and the form of Agreement between the
the time limitations contained In Subparagraph 11.5.1.
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
• ARTICLE 2
to previous prchmirtary estimates of Construction Cost indi-
SCOPE OF ARCHITECT'S BASIC SERVICES
Bated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner In connection with
2.1 DEFINITION
the Owner's responsibility for filing documents required for
2.1.1 The Architect's Basic Services consist of those described
the approval of governmental authorities having juNsdlctkm
in Paragraphs 2.2 through 2 6 and any other services identified
over the Project.
in Article 12 as part of Basic Services, and include normal struc-
tural, mechanical and electrical engineering services.
2.5 BIDDING OR NEGOTIATION PHASE
2.2 SCHEMATIC DESIGN PHASE
2.5.1 The Architect, following the Owner's appn)val of the
2.2.1 The Architect shall review the program furnished by the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
Owner to ascertain the requirements of the Project and shall
or negotiated proposals and assist in awarding and preputng
arrive at a mutual understanding of such requirements with the
contracts for construction
Owner
2.2.2 The Architect shall provide a preliminary evaluation of
2.6 CONSTRUCTION PHASE-ADMINISTRATION
the Owner's program, schedule and construction budget
OF THE CONSTRUCTION CONTRACT
requirements, each in terms of the other, subject to the Brit?
tions set forth in Subparagraph 5 2 1.
2.6.1 The Architect's responsibility to provide Basic Services
2.2.3 The Architect shall review with the Owner alternative
for the Comtrucuun Phan under this Agreement commences
with the award of the Contrict for CunslruLtion and term.
approaches to design and construction of the Project.
nates at the earlier of the issuance to the Owner of the final
2.2.4 BAscd on the mutually agreed-upon program, schedule
Certificate for Payment or 60 days after the date of Substan-
and construction budget requirements, the Architect shall
teal Completion of the V ork.
prepare, for approval by the Owner, Schematic Design Docu-
2.6.2 The Architect shall provide administration of the Con-
mcnts consisting of drawings and other documents illustrating
tract for Construction as set forth below and in the edition of
the scale and relationship of Project components.
AIA Document A201 GeQcr}I (oral}{Urns of the Contract for
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2.2.5 The Architect shall submit to the Owner a prcli minary
ConsoveNon/
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estimate of Construction Cost based on current area, volume or
otherwise provided in this Agreement.
other unit costs.
2.6.3 Miles, responsibilities and limitations of authority of the
2.3 DESIGN DEVELOPMENT PHASE
Architect shall not be restricted, nuchficd or extended without
written agrecmcnt of the Owner and Architect with consent of
2.3.1 Based on the approved Schematic Design Documents
the Contractor, which consent shAH not be unreasonably
and any adjustments authorized by the Owner In the program,
withheld.
AIA CMMZNT 0141 • OWNER ANCIIITFCT AC.RFEMFNT • HK'Ri).ENTH EI)IT1ON • AIA• • ®1,M7
B141
1987 2
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THE AMERICAN INSTITUTE OF ARLHITEC
TS, 17$5 NEW YORK AVENUE. N W.
WANIIINGTUN, U C. 11MMI(t
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unless such inspections have been
16.4 The Architect shall be a representative of and shall advise
authorized pursuant to Par 3.2
quanuhy of the Wo 11''10 ed con= don means, meth.
and consult with the Owner (1) during construction untll final
ods, techniques, sequences or procedures, (3) reviewed copies
payment to the Contractor is due, and (2) as an Additional Ser•
of requisitions received from Subcontractors and material sup-
vice at the Ownees direction from time to time during the cor-
pliers and other data requested by the Owner to substantiate
rection period described in the Contract for Construction. The
the Contractor's right to payment or (4) ascertained how or for
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Architect shall have authority to act on behalf of the Owner
what purpose the Contractor has used money previously paid
only to the extent provided in this Agreement unless otherwise
on account of the Contract Stun.
modified by written instrument.
16.11 The Architect shall have authority to reject Work which
2.6.6 The Architect shall visit the site at intervals appropriate
does not conform to the Contract Documents. Whenever the
to the stake of construction or as otherwise agreed by the
Architect considers it necessary or advisable for implementa-
Owner and Architect in writing to become generally familiar
tion of the intent of the Contract Documents, the Architect will
with the progress and quality of the Work completed and to
have authority to require: additional inspection or testing of the
determine In general If the Work is being performed in a mart-
Work in accordance with the provisions of the Contract Doeu-
ner indicating that the Work when completed will be in actor-
meats, whether or not such Work Is fabricated, Installed or
dance with the Contract Documents. However, the Architect
completed However, neither this authority of the Architect nor
shall not be required to make exhaustive or continuous on-site
a decision made in good faith either to exercise or not to excr-
Irnspections to check the quality or quantity of the Work. On
cise such authority shall give rise to a duty or responsibility of
the basis of on site observation as an architect, the Architect
the Architect to the Contractor, Subcontractors, materal and
shill keep the Owner informed of the progress and quality of
equipment suppliers, their agents or employees or other per-
the Work, and shall endeavor to guard the Owner against
sons performing portions of the Work.
defects and deficiencies in the Work. (,Store extenslrr site
reprtsentalfun may tx• agrdrd to as an Additional Sen• ce, as
2.6.12 The Architect shall review and approve or take other
described in Paragraph 3 2)
appropriate action upon Contractor's submittab such as Shop
Drawings, Product Data and Samples, but only for the Limited
2.6.6 The Architect shall net have control over or charge of
purpose of checking for conformance with information given
and shall not be responsible for construction means, methods,
and the design concept expressed in the Contract Documents.
techniques, sequences or procedures, or for safety precautions
The Architect's action shall be taken with such reasonable
and programs in c nncction with the Work, since these are
promptness as to cause no delay in the Work or In the oun-
solely the Contractor's responsibility under the Contract for
structio rt of the Owner or of separate contractors, while allow-
I
Construction. The Architect shall not be responsible for the
ing sufficient time in the Architect's professional judgment to
Contractor's schedules or failure to carry out the Work in actor-
permit adequate review Review of such submittals is not con-
dance with the Contract Documents. The Architect shall net
ducted for the purpose of determining the accuracy and com-
have control over or charge of acts or omissions of the Contrac•
pkteneas of other details such as dimensions and quantitles or
tor, Subcontractors, or their agents or employees, or of any
for substantlating instructions for Installation or performance of '
other persons performing portions of the Work
equipment or systems designed by the Contractor, all of which
,
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remain the responsibility of the Contractor to the extent
2.6.7 The Architect shall at all times have access to the Work
required by the Contract Documents. The Architect's review
wherever It is In preparation or progress.
shall not constitute approval Of safety precautions or, unless
2.6.6 Except as may otherwise be provided in the Contract
otherwise specifically sated by the Architect, of construction
mess, methods, techniques, sequences or procedures. The
Documents or when direct communications have been spe-
Architect's approval of a specific item shall not indicate
cially 2uthori7rd, the Owner and Contractor shall communicate
approval of an assembly of which the item is a component.
through the Architect Communications by and with the Archi-
'
When professional certification of performance characteristics
tect
s consultants shall be through the Architect.
of materials, systems or equipment is required by the Contract
R.6.9 [Sasso on the Architect's observations and evaluations, of
'
Documents
. the Architect shall be entitled to rely upon such
certification
to establish
the materials, systems or equip-
the Contractor
s Applications for Payment, the Architect shall
men
will ill
meet the perfance criteria required by the Con
performance
review and certify the amounts due the Contractor
tract Documents.
2.6.10 The Architect's certification for payment shall consti-
'
2,6.13 The Architect shall prepare Change Orders and Con-
tute a mpm.%Cotaudn to the Owner, based on the Architect
s
struction Change Directives, with supporting documentation
observations at the site a provided in Subparagraph 2 6 S and
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and data if deemed necessary, by the Architect as provided In
on the data comprising the Contractor
s Application for Pay-
Subparagraphs 3. 1.1 and 3 3 3, for the Owner's approval and
merit, thit the Work has progressed to the point indicated and
'
execution in accordance with the Contract Documents
and
thit, to the best of the Architect
s knowledge, information and
,
may authorize minor changes In the Work not Involving an
ocher, quahty of the Work is in accordance with the Contract
adjustment in the Contract Sum or an extension of the Contract
Documents 7 tic foregoing representations are subject to an
Time which are not inconsistent with the intent of the Contract
evaluation of the Work for conformance with the Contract
Documents.
tk><untents upon Substamlal Completion, to results of subsc-
qucnt tests and inspections, to minor deviations from the Con-
2.6.14 The Architect shall conduct inspections to determine
tr.ict Dok unicnts correctible prior to completion and to spe•
the date or dates of Substantial Completion and the date of final
chic qu.ihfto itinnb expressed by the Architect The issuance of a
completion, shall receive and forward to the Owner for the
(certificate for Riymcni shill further constitute a repm%cntati n
Owner's review and records written warranties and rclited
that the Contradtur is entitled to payment in the amount ctrl-
documents required by the Contract Dkx-uments and amcm-
tied Hods ever, the issuance of a CeroOcate for Pay mint Shay
bled by the Contractor, and bhall Issue a final Certificate for Pay-
not be a rcpresentaoon that the Architect has (1) made exhaus-
ment upon compliance with the requirements of the Contract
Live or continuous on site Impeatioru to check the quality or
Documents
AIA DOCUMENT 0141 • OwNFR ARCHITECT AGREEMENT • FOURTFFNTII EDITION • AIA• • 01997
3 9141.1987
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TE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W. WASHINGTON. D C 2(X)n6
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2.6.15 The Architect shall interpret and decide matters con.
ccrning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the Owner or Contractor, The Architect's response to
such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the Intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When nuking such interpretations and initial ded-
swns, the Architect shall endeavor to secure faithful pcrfor.
manse by both Owner and Contractor, shall not show partiality
to either, and shall not be liable for results of Interpretations or
decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to aesthe-
tic effect ihall be final if consistent with the intent expressed In
the Contract Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the "CCU-
tion or progress of the Work as provided In the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2 6 17, shall be subject to arbitration as
provided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
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3.13 Through the observatioru by such Project Represen-
tatives, the Architect shall endeavor to provide further proxee-
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3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documents when such revisions arc:
.1 Inconsistent with approvals or instructions previously
given by the Owner, including revisions made neces-
sary by adjustments in the Owner's program or Ptvj•
ect budget;
.2 required by the enactment or revision of coxes, laws
or regulations subsequent to the preparation of such
document; or
.3 due to changes required as a result of the Owner's fall.
ure to render decisions In a timely manner.
3.3.2 Providing services required bemuse of significant
changes in the Project including, but not limited to, size, qual-
ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph S 2 S.
3.3.3 Preparing Drawings, Specifications and other documen-
tation and suppuning data, evaluating Contractor's pmposais,
and providing other services in connectwn with (hinge
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substl-
tutiuns proposed by the Contractor and making subsequent
revisions to Drawings, Specifications and other documentation
resulting thcrcfrom
3.3.5 Providing c onsultation concerning rcplaccmcni of Work
damaged by fire or other muse during construction, and fur.
noshing scr'Iccs 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,
an unusually 3.3.7 P~~p}iti,njI{~,~cs~rr yfnumbehofgh
cVuns/ uEimiiititcflb~y thct ttrx~wi or art u n. In connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is piny thereto.
3.3.9 Preparing documents for alternate, separate or sequential
bids or providing services In connection with bidding, ncgotia-
tion or construction prior to the completion of the Construc-
tion Documents Phase.
3.1.1 The services described In this Article 3 are not Included
in Basic Services unless so identified In Article 12, and they shall
be paid for by the Owner as provided in this Agreement, In
addition to the compcnutiun for Basic Services The services
described under Paragraphs 3.2 and 3 4 shall only be provided
If authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services In Paragraph
3.3 are required due to circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to com-
mencing such services If the Owner deems that such services
described under Paragraph 3 3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi.
tional Services are not required, the Architect shall have no obli-
gation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than is
described In Subparagraph 2 6 S is required, the Architect shall
provide one or more Project Representatives to assist in carry.
Ing out such additional on•slic responsibilities.
3.2.2 Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compcn.
sated therefor as agreed by the Owner and Architect. The
duties, responsibilities and limitations of authority of Project
Rcpresentatlves shall he as described in the edition of AIA
Document B352 current as of the date of this Agreement, unless
otherwise agreed.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and ptogi=-
ming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or corn.
parativc studies of pnospective sites.
ALA DOCUMEW 0141 • OWNER•ARCHrrECT AGREEMENT • FOURTEENTH FDMON - AIA* • 01997
THE AMERICAN INSTITUTE OF ARCHITECTS. 1775 NEV YOU AVE10-M N V. WASHINGTON. O C 20006
J.
8141-1987 4
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MA Providing special surveys, environmental studies and
submisskins required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.6 Providing services relative to future facddtles, systems
and equipment
3.4.6 Providing services to investigate existing conditkns 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 cont moots or by the Owner's own forces and coordi•
nation of services required in connection with construction
performed and equipment supplied by the Owner,
3.4.9 Providing serv ices in connection with the work of a con•
structi n manager or scp-crate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
matcrUl, 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 or In connection with the selection, procurement
or lnstalUuon of furniture, furnishings and related equipment
3.4.14 Providing services for planning tenant or rental spaces.
3.4.16 Making Inv4mtiptltons, inventories of materials or equip-
ment, or vahutions yid detailed appraisals of existing fAllitics.
3.4.16 Preparing a set of reproducible record drawings show-
Ing significant changes in the Work mate during construction
hmed on marked up prints, drawings and other data furnished
by the Clntractur to the Architect.
3.4.17 Providing usbtancr in the utili»tk)n of equipment or
systems such as testing, adjusting and balancing, preparation of
o1wration and maintenance manuals, training personnel for
operation and nnauitcn sties, and consultation during operation.
3.4.18 Providing scrvlcrs after Lmuance to the Owner of the
final Ccrilfkwc for Payment, or in the absence of a Mal Cer-
tificate for Payment, more than (,0 days after the date of Sub•
stantial Complction of the Work.
3.4,19 Providing services of consultants for tither than archl-
tectural, structural, mechanical and electrical engineering ptir•
tkons of the Project provided as a pan of flask Services.
3.4.20 Providing any other services not otherwise included in
this Agreement or not customardy furnished in accordance
with generally accepted architectural practice
ARTICLE 4
OWNER'S RESPONSIBILITIES
may
4.1 The Owncr/4wll 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 reUturuhips, flexi-
bility, expandability, spcctal equipment, systems and site
rcgwrcmcnn
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in consultation with the Architect ,
42 The OwrlerptaU establish and update an overall budget for
the Project, Including the Construction Cost, the Owner's other
cans and reasonable contingencies related to ad of these costs.
4.3 IF Fe't"Md by like me! Wee . tile F-met A* Fitnivish-evi.
4A 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 d ocumcnts submitted by the
Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services
4.8 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. The
surveys and Icgal information shall include, 23 applicable,
grades and lints of streets, alleys, pavements and adjoining
properly and structures; adjacent drainage; rights-of-way,
restrictions, casements, encroachments, zoning, decd restric-
tions, boundaries and contours of the site, locations, dimen-
sion and necessary data pertaining to existing buildings, other
improvements and trees, and Information concerning available
utdlty services and lines. both public and private, above and
bck)w grade, including Inverts and depths. All the informatkn
on the survey shall be referenced to a project benchmark.
4.6 The Owner shall furnish the services Mtei ical engl-
neers when such services art/F~'U~lsk$ri of P9 AhYct. Such
services may include but are not limited to test borings, test
pits, determinations of soil bearing values, percolation tests,
evaluations of ha/irclous materials, ground corrosion and resis-
tivity tests, including necessary operations for anticipating sub-
soil conditions, with reports and appropriate profesalonal'
recommcndations.
4.6.1 The Owner shall fumish the servers of other consul-
tants when such services are reasonably required by the scope
of the Project and arc requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical,
air and water pullution tests, tests for ha/lyddous materials, and
other Uburatory and environmental tests, inspections and
reports required by law or the Contract Documents.
4.8 The Owner shall fumi5h all Icg11, accounting and Insurance
counseling services as may he necessary at any time for the
Project, including 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 S through 4 8 shall be furnished at the Owner's
expense, and the Architect shad 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
rove c°r ~`a`)ufreo `e{~`othso` st~lat nottunier'~`le8govide
4!ifh4e~rrbp4d MIgA& 6~L~er~HA-f It cen IIi, o4ons or* .
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at !cast 14
days prior to execution The Owner shall not request centllcy-
tdons that would require knowledge or services beyond the
skopc of thL% A rccmcnt
*liabilities hereunder.
Y
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ALA nMCIIMEW 014,1 OWNYRARl.ItirFCT AI.RhFMFNT • tOt1RItFN1'11 tnIT1ON • AIAS • ®1987
5 8/41.1987 ~JR THE AMERICAN INSTI7 UTE OF ARCIII7 EC7 S, 1715 NEW YORK AVENUE, N W, WASIIINGTON, n C 2U11116
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ARTICLE S
.3 if the Project is 2tnndoned, terminate in accordance
with Paragraph s 3; or
CONSTRUCTION COST
.4 ccx)pente in revising the Project scope and ti"Ity as
S.1 DEFINITION
required too reduce the Construction Cent
5.2.5 If the Owner chooses to proceed under Clause S 2.4 4,
5.1.1 llic Construction Cost shall be the total cost or esti-
Con-
the Architect, without additional charge, shall modify the Con-
nixed co%t to the 0%% net of all elements of the Prot dui
geed
tract Documents as necessary to comply with the fixed limit. If
or specified by the Architect
established u 2 con(litk)n of this Agreement The mo dificatkm
5.1.2 The ConstrtiUion Cost shall Include the cost at current
of Contract Documents shall he the limit of the Architect's
market rates of labor and matcriab furnished by the Owner and
responsihllity arising out of the establishment of 2 fixed limit.
equipment designed, specified, 5clccted or specially provided
The Architect shall be entitled too compensation in accordance
for by the Architect, plus a reasonable allowance for the Con-
with this Agreement for 211 services performed whether or not
tractor's overhead and profit In addition, a reasonable allow-
the Construction Phase is commenced
2ncc for contingencies shall be Included for market conditions
at the time of bidding and for changes in the Work during
construction
ARTICLE 6
5.1.3 Construction Cost does not include the compensation of
USE OF ARCHITECT'S DRAWINGS,
the Architect and Architect's consultants, the costs of the land,
SPECIFICATIONS AND OTHER DOCUMENTS
rights-of-way, financing or other costs which are the respon-
sibility of the Owner as provided in Article 4
6.1 The Drawing. Specifications and other ckmruments pre-
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
pared by the Architect for this Project arc instruments of the
Architect's service for use solely with respect to this Project
5.2.1 Evaluations of the Owner's Project budget, preliminary
and. unless otherwise provided, the Architect shall be deemed
estimates of Construction Cost and detailed estimates of Con-
the author of these documents and shall retain all common law,
struction Cost, dany, prepared by the Architect, represent the
statutory and other reserved rights, including the copyright.
Architect's test judgment 1; a design professional familiar w ith
The Owner shall be permitted to rctaln copies, Including repro-
the construction industry. It is recognized, however, ttut nil-
ducrbic copies, of the Architect's DrawIngs, Sp ccifcitions and
ther the Architect nor the Owner has control over the cost of
other documents for information and reference in connection
labor, 1712tcn ols or equipment, over the Contractor's methods
with the Ow ncr's use and occupancy of the Project. The Archl.
of determining bid prices, or over competitive bidding, market
sect's Drawings, Specifications or other documents shall not be
or negotiating conditions. Accordingly, the Architect canna
usul by the Owner or others on other projects, is~+
and dues not warrant or represent that bids or negotiated pricy
unless
will not vary from the Owner's Project budget or from any
the Architect is adjudged to be in default under this Agreement,
estimate of Construction Cost or evaluation prepared or agreed
except by agreement in writing and with appropriate compen•
to by the Architect.
satlon to the Architect.
5.2.2 No nxed limit of Construction Cost shall be est2bN%hcd
6.2 SuhmL%sion or distribution of documents to meet official
as 2 condition of this Agreement by the furnishing, proposal or
regulatory requirements or for similar purposes in connecter
est2hli5hment of 2 Project budget, unless such fixed limit has
with the Project is not to be construct! as publication in derolp-
b een agreed upon In writing and signed by the parties hereto. If
tlon of the Architect's reserved rights.
such 2 fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and
price escalation, to determine what 1112tcrials, equipment, com-
ponent systems and types of construction arc to be included in
ARTICLE 7
the Contract Document, to make reasonable adjustments in
the scope of the Project and to include in the Contract Docu-
ARBITRATION
ments alternate bids to adjust the Construction Cost to the fixed
limit Fixed limits, if any, shall be increased In the amount of an
7.1 Clauns dupuncs or other matter In question between the
Incrcase in the Contract Sum occurring 2fter execution of the
parties to this Agreement arising out of or relating to this Agree-
Contract for Construction
merit or breach thereof shall tmc subjcdt to and decided by art-A.
5.2.3 If the Bidding or Negotiation Phase has net commenced
[ration in accordance with the (Am.truction Industry Arbitra-
within 90 days after the Architect submits the Constructer
tlon Rules of the American Arbitration Association currently In
Documents to the Owner, any Projco t budget or fixed limit of
effect unless the parties mutually agree otherwix
Construction Cost shall be adjusted to reflect changes in the
7.2 Demand for arbitration shall to filed in writing with the
general level of pnccs in the construction industry between the
other party to this Agreement and with the Amencan Arbitra-
Wit: of submission of the Construction Documents to the
lion Association A demand for 2rbitration shall be mark within
Owner and the date on which proposals arc sought.
a reasonable time 2ftcr the spurn, dispute or other matter in
5.2.4 if 2 fixed limit of Construction Cost (adjusted 2s pro-
question has arisen. In no event shall the demand for arbitration
vidcd In Subparagraph S 2 3) is exceeded by the lowest bona
be made after the date when Institution of legal or equitable
fide bid or negotiated prop osal, the Owner shall:
proceedings briscd on such claim, dispute or other matter in
.1 give written approval of an Incre2se in such nxed
gtme.txrm woukf be harred by the apple-able Statutes of limitations.
limit,
7.3 No arbitration arising out of or relating to this Agreement
.2 21.1thorize rebidding or reneg6Wting of the Project
shall include, by consolidation, jorinder or in any other manner,
within 2 reasonable time;
an 2dduknal person or entity not a puny to this Agreement,
ALA DOCUMENT O14i • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • 01987
8141-IN7 6
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE. N V
. WASHINGTON, D C 20006
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except by written eDnmnt containing a tlpoclfk reference to 2 Ten percent of the total compensation for Bask and
this Agreement signed by the Owner, Architect, and any other Additional Servka earned to date if termination
person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or
Involving an additional person or entity shall not constitute J Five percent of the total compensation for Bask and
consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination
question not dm-nbed in the written consent or with a person occurs during any subsequent phase.
or entity not named or described therein. The foregoing agMT-
ment to arbitrate and other agreements to arbitrate with an
adtbtkxul person or entity duly consented to by the panics to
this Agreement shall be specifically enforceable in accordance
ARTICLE 9
with applicable law in any court having jurisdiction thereof.
MISCELLANEOUS PROVISIONS
7.4 The award rendered by the arbitrator or arbitrators shall be
final. and judgment may be entered upon it in accordance with
9.1 Unless otherwise provided, this Agreement shall be gov
applicable law in any court having jurisdiction thereof.
emed by the law of the principal place of business of the
Architect.
9.2 Terms in thb Agreement shall have the same meaning as
ARTICLE 8
those in AIA Document A201, General Conditions of the Con-
tract for Construction,/turrent as of the date of this Agreement.
TERMINATION, SUSPENSION OR ABANDONMENT
as amended by Owner
9.3 Causes of action between the parties to this Agrccnicnt
8.1 This Agreement may be terminated by either party upon
pertaining to acts or fadures to act shall be deemed to have
not less than seven days' written notice should the other party
accrued and t a ligbl st Q2tut s of I mlt:lt n sh !RC , Ving
fail substantiAlly to perform in accordance with the terms of this
once o
ECL rat 1 ,d or
Agreement through rx) fault of the party Initiating the termination.
I 1
8.3 If the Project is suspended by the Owner for more than 30
Rai r^• L+< r~
consecutive days, the Architect shall be compensated for set-
GOW4 etwrm
vices performed prior to notice of such suspension When the
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Project Is resumed, the Architect
s compensation shall be equi•
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tably adjusted to provide for expenses incurred In the interrup
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect In the
event that the Project is permanently abandoned If the Project
is abandoned by the Owner for more than 90 consecutive days,
the Architect may tennirute this Agreement by giving written
notice.
9.5 The Owner and Architect, respectively, bind themselves,
8.4 Failure of the Owner to make payments to the Architect in
their partners, successors, assigns and legal representatives to
accordance with this Agreement shall be considered substantial
the other party to this Agreement and to the partners, succes-
nonperformance and muse for termination.
sors, assigns and kgal representatives of such other party with
8.6 If the Owner fails to make payment when due the Arch)
respect to alt covenants of this Agreement Neither Owner nor
test for services and expenses, the Architect may, upon seven
'
Architect shall assign this Agreement without the written con,
sent of the other
Jays
written notice to the Owner, suspend performance of ser-
vices under this Agreement. Unless payment in full is received
9.6 This Agreement represents the entire and integrated agrec-
by the Architect %%ithin seven days of the date of the notice, the
mint between the Owner and Architect and supersedes all
smixnslon shall take effect w ithout further notice In the event
prior negotiations, representations Or agreements, either writ-
of a suspension of services, the Architcct shalt have no liability
ten or oral This Agreement may be amended only by written
to the Owner for delay or damage caused the Owner because
instrument signed by both Owner and Architect.
of such suspension of services
9.7 Nothing contained in this Agreement shalt crate a contrac•
8.6 In the event of termination not the fault of the Architect,
tual relationship with Or a cause Of action in favor of a third
the Architect shall be compensated for services performed prior
party against either the Owner or Architect.
to lcrmin itioin, together with Reimbursable Expanses then due
and All Tcritis ltion Expenses as dcflncd in Paragraph g 7.
9.8 Unless otherwise provided in this Agreement, the Architect
m
and Architect's consultants shall have no resporwhility for the
tjagat6
8.
discovery, presence, handling, removal or disposal of or expo.
sure of persons to hazardous matcri.ib in any form at the Project
tL sril~~at it)tu i is ~c• Termination Expenses shall
site, imludng but not tunitcd to ashmAos, asbestos products,
be computed as a pcrccntage of the total compensation fix
polychk)ruated biphenyl (PCB) or other toxic substances
Beak Servlics and Additional Scrviccs earned to the time of tcr-
minatitm, is follows
9.9 The Architect shall have the right to include representa-
tkxs of the design of the Protect, including photographs of the
.1 'T'wenty percent of the total comperuJtk)n for Basic
exterk)r and interior, among the Architect's promotional and
and Additional Service, camcd to elite if tenninatkn
professional matcrtaL% The Architect's matcrUls shall not
occurs before or during the predcsign, Site analyse, or
include the owner's conridential or proprietary Information If
khcni.itic lhsign Phases, or
the Owner has previutisty advised the Architect in writing of
AIL DOCUMENT 0141 OWNER ARCHITECT AGREEMtNT • FOURTEENTH EDITION • AIAO • 01907
7 8141-1987
111E AMtR1LAN IV,TFTLr
M OF ARCHITECTS, 1735 NEW YORK AVENUE. N W. WASIIINGTON, D C 2WO6
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the specific information considered by the Owner to be confl-
dcntial or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
t, motional materials for the Project.
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ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, Insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to comperua-
tkm for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employers and con-
sultants in the interest of the Project, as Identified in the follow.
Ing Clauses
10.2.1.1 Expense of transportation in connection with the
Project, expenses in connection with authorized out-of-town
travel, long-distance communications, and fees paid for secur-
Ing approval of authorities having jurlsdlction over the Project.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups regttestod
by the Owner.
10.2.1.5 Expense of additional Insurance coverage or limits.
Including professional liability Insurance, requested by the
Owner In excess of that normally carried by the Architect and
Architect's consultants.
10.2.1.6 6-ponso ^r Gg opu.. ,W 1 dmlp and ANA 16101
1
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to ser•
vices performed within each phase of service, on the basis set
forth in Subparagraph 11.2 2.
10.3.3 If and to the extent that the time initially established in
Subpar graph 115 1 of this Agreement Is exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered during the additional period of time shall be
computed in the manner set forth In Subparagraph 11.3.2.
10.3.4 when compensation is based on a percentage of Con-
struction Cost and any portions of the Project arc deleted or
otherwLse not constructed, compensation for thtnc portions of
the Project shall be payable to the extent services are per-
formed on those portions, in accordance with the schedule act
forth in Suhpangraph 11 2 2, hascd on (1) the lowest bona fide
bid or negotnted proposal, or (2) if no such bid or proposal Is
received, the most recent prctuninary estimate of Construction
Cost or detailed estimate of Construction Cost for such por-
tions of the Project
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Q crviccs;ndfor Rcimhursahtc Expenses shall be madt~wu+wdtbP 4165y
pttl;Mlion of the Architect's statement of services ren• 1
dered or expenses incurred
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or Other
sums withheld from payments to contractors, or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECTS ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Perumnel Expense shall be avail-
able to the Owner or the Owner's authorized tepresentatlve at
mutually convenient times.
ARTICLE 11
BASIS Of COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Not Applicable Dollars (S
shall be made upon execution of this Agreerment and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Ankle 2, and any other services included in Ankle 12 as pan of flask Services, Bask
Compensation shall be computed as follows:
(insert hams of compensation, Including saindated suns. multiples or pera "log s, and kk+alfy phases to %6kh parrkular methods (I( ctsoyse Ustka tVVOY. Q ,
netrssarl• )
Compensation shall be based on seven percent (7t) of the cost of construction
which is defined in Article S.
ALA DOCUMENT 9141 a OWNFR ARCHITECT AGREEMENT a FOtIRTEENTH EDITION a AIAO a 01997
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, x v., WASHINGTON, 0 G 2Uoni$ 8141.1087 8
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I 1.U Where eompersadon b based on a stipulated sum or peraerttxr of C rstruction Cost, progress payments for Bask services
in each phase shall total the following percentages of the total Basic Compensation payabk:
rhui" addiskmae phases as apprworkw )
s
' Schematic Design Phase: percent (15
Design Development Phase: Pmt ( 20 96)
Con tructlun Documents Phase: Pert (40
Bidding or Negotiation Phase: percent ( 5
Construction Phase: percent ( 2096)
Total Bade Compensation: one hundred percent (I co%)
11.8 COMPENSATION FOR ADOMNAL SERVHM
11.8.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com.
puted as follows:
A sum equal to 2.5 times the Direct Personnel Expense. In computing Direct
Personnel Expense. principal's (Emmett Trant) time shall be computed at $40.00
per hour and employees' time shall be at their regular rate of pay plus normal
benefits.
Reimbursible expense as defined hereinafter.
11.8.2 FOR ADDITIONAL SERVICES OF THE ARCIi1TECT, as described In Articles 3 and 12, other than (1) Additional Project
Rclirewnlallon, as do%cnhcd in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
scrvi(cs of comulwnts. compensation shall be computed as follows '
(Inert bases .4 nwttan including ram and br multiples r/ Virvel /4nnnn44 hpense)n► ('rife lpals and empln)eeA antd tdenrt/Y Prim opals and [taut/y
rngd„Irr( r/ rrluurd IdrrdtlI .p%r/n snrnrs n. rhuh particular met/MwL y/tnm/w•nsaumv apMl If nrteasarl•)
A sum equal to 2.5 times the Direct Personnel Expense. In computing Direct
Personnel Expense, principal's (Emmett Trant) time shall be computed at $40.00
per hour and employees' time shall be at their regular rate of pay plus normal
benefits.
Reimbursible expense as defined hereinafter.
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11.8.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3.4.19 or identified in Ankk 12 as part of Additional Services, a multiple of
one and one-half ( 1} ) tunes the amounts billed to the Architect for such services
(ldrnn/y *m $/n apes n/ uwssulfana as Artkie L]. of mfutnd )
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other sterns included In Ankle 12 as Reimbursable
Expcnscs, a multiple of one and one-half ( 1 } ) times the expenses incurred by the Architect, the Architect's
employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve
( 12 ) months of the date hereof, through no fault of the Architect, exterulon of the Architect's services beyond that time shall be
comllcrtsated as provided In Subparagraphs 10.3 3 and 11 3 2
hirty 30
11.5.2 Paynr(•ttts arc d(1c and payable within/ ( ) days from the date of the Architect's Invoice.
Amounts unpaid thirty ( 30 ) days after the invoice date shall bear Interest at the rate entered below, or
In the absence thereof at the Ic" raltIbIM111n •
(insert rate of tntrrro ,a,nd up av and permitted to be paid by Owner under law.
(I sury tau s and rrrlurrernent+ under the trarral Truth to Lending AR, similar sale a ul htd cumumrr c rnht laws and otter rsgultt» ons of the ()it err'' and Anhl
hs t s pnn, 11,11 lda,rs r/ ha,tnrs+ the hnattnn ,/the P-Ject and riser hs+r mas• a//.c! thr nvdduy (J thu lmn•ssh.n ,yen/!c legrd adt•ae slx+uld br obfulrser! uxtA
rr+let f fn .4•Irtuor+ r.r m,rl/n anr,n+ and also regarding nVittrsm+,•ncs such as antten dssch,surn to a Vain )
AIA DOCUMENT 0141 a OWNFR AR( IIITtCT AGRFEMFNT • FOt1RTFEN111 EDITION • AIAO • 019117
9 6141.1987 Tilt AMERK.AN INNTI r11Tt Ol* AR( 1117 !(((1!). 1711 NEW YORK AVENUE, N W. WAMUNGTON, D C JmD6
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11.6.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER COMMONS OR SERVICES
(Irwrt dnrnlNhuu rr) ufbrr s#n*m kknn/r AAI Mbwraf SffW= Awhw rd et"x Bask CmiorpuatkwsmdneoXficwioou$D&WpaymoodaodcomprouNim Iowa
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This Agrcemcnt cntcrcd into as of the day and year first writtcn above.
OWNER Commissioners Court ARCHITECT Emmett Trant & Associates
Brazos County Texas
•
(S1kruUurr) R' hard J. Holmgr n ""tu Emmett Trant, Jr
County Judge Owner
(PrnNrd rurmr and title) (Pnnted name and nfk)
AIA DOCUMENT 0181 • OWNER ARCHITECT ACREEMFNT • FOURTEENM EDITION • AIAO • OIYn7
TIIE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVFF~NIIE. N V, WASHINGTON, DC 2w" D ~`f 8141•1987 10 {r
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NOTICE of Pwostn 111stAllAT1oN III COUNTY RIGHT-OF-WAY
TO 111E COMMISSIONERS' COURT Or BRAZOS COUNTYs 79XAI
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
formal notice is hereby given that WELLBORN WATER SUPPLY
(Applicant). proposes to place a 6 INCH WATER LINE
Within the right-of-WAY Of GREENS PRAIRIE ROAD (name of
road) in Brazos Countyl texas is followst
the location or description of the proposed Installation Is more fully
shown by s copies of the drawings Attiched to this notice.
1 understand And agree thAti
1, The County En ineeN Must be hotifled 1 hours prior to the beginning
of construction in ordop th t he or his designated inspector may
inspect the Actual instAllAt~all,
2. That All damage to the roAdwAy3 And rights-of-way will be repaired
to their original condition to the satisfaction of the County
Engineer,
a. that Brazos County reserM th@ right to require Applicant to
relocAte or lower shy such line it no cost to Bratos County# should
time become necelssi-y due to widening or lowering, or other
alteration bf the roAdwiy ow Night-of-way,
4, that BrAzot County Will Ill hd Miy be reSponlIble for any damage which
might occur to any exis ino utility lines n the right-of-way,
g, ThAt the line will be co4 trutted And maintained on the County right-
of-WAY in Actor Ante with goWfiing laws,
e, that the line or llm Will a titructed no less then twenty-four
Inch!! (241) lower than tho t6wat tpA t of tho drainage or bar ditch
and the drainage It to be tolifidere~ At least two feet (21) below,
the center of the roadwAy,
1. That all liter will be barricaded during the construction period.
Construction of this line will bpgln on or After the 7 day of
APRii. 19 94 .
rlrms WELLBORN WATER SUPPLY
by:
Title! CENE L MANAGER
Address s p_ O. BUl( 2so
WELLBORN, TEXAS 7781
Phones 409-690-9799
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APPROVED BY CORMS10NERS' COURT
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WORK OUTSIDE COUNTY RIGHTS-OF-WAYS
FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS
Name
Address or Phone `
Location of Work to be Done I
Description of Work to be Done
Signed
MOREHEAD,
Leonard
5979 FM 1179
Bryan, TX 71808 I
SW of intersection of Merka
Road and FM 1179
Permission to enter private property
for the purpose of burying dead horse
for the health, safety and welfare of the
general public.
04107/94
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RJ Holmprean
County JAge
Gary Norton
Predna 1
Walter Wid°oa Date
Prod= 2
BRAZOS COUNTY
p Randy Shna
t Pmanct3 PRIVATE PROPERTY ACCESS
r MWn Tut ker PERMISSION FORM
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1. LANDOWNER AND ADDRESS L o~u~ Mo. a ~~a~
II. LOCATION OF WORK 5_ a jr _c,s .t a /Nukes
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III. DESCRIPTION OF WORK TO BE DONE _ _ Pct r na ; r„ a 4-,
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IV. MAINTENANCE YES NO--A----
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
(Owner will be notified prior to maintenance)
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Richard F. Vance, P.E. C.E. (Ed) Iverson
County Engineer Engineering Aide
OWNER'S SIGNATURE
DATE
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