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BRAZOS COUNTY
BRYAN. TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 2,1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26" STREET, SUITE 115, BRYAN,
TEXAS.
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1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
Consider and take action on agenda items 3 - 23:
3. Approval of contractual relationship with Bryan-College Station Economic
Development Corporation.
4. Budget Amendment 98/99-43.
5. Budget Amendment 99/00-4.
6. Personnel Changes of Status.
7. Payment of Claims.
8. Appointing members to the Brazos Valley Groundwater Conservation District Board
of Directors.
9. Allocation of votes for five members tQ the Brazos County Appraisal District.
10. Contract with Singleton Architects for services regarding an exposition center.
11. Appointment of a Trustee to serve in a vacated position on the Mental Health Mental
Retardation Authority of Brazos Valley Board of Trustees.
12. Rescinding the Order Prohibiting Outdoor Burning.
13. Tax Resale Deed and authorization for County Judge to execute tax resale deed for 50
feet by 150 feet out of the Crawford Burnett Survey, Abstract 7, being more particularly
described by metes and bounds in Volume 112, Page 489, Deed Records, to Shabeer
Jaffar.
14. Letter of Agreement with the Wellborn Special Utility District for use of board room
for jury and bench trials by the Justice of the Peace, Precinct 2.
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Commissioners Court Mating Agenda
November 2,1999
Page Two
15. Real Estate Lease Agreement for the Brazos Valley Narcotics Task Force.
16. Authorization for contractor to return key-pad locking devices and order electronic
proximity locking devices for courthouse entrances.
17. Blanket Purchase Order in the amount of $1500.00 to Hobby Lobby for the Brazos
Center.
18. Requisitions for laptop computer and software for Justice of the Peace, Precinct 3.
19. Requisition from Capital Expenditure fund for computers for the Brazos Valley
Narcotics Trafficking Task Force.
20. Requisition from District Attorney's Crime Fund for new phone system for the Brazos
Valley Narcotics Trafficking Task Force.
21. Permission for Road & Bridge Department to enter Delana Jackson's property located
off Elmo Weedon Road for the purpose of restoring excavation site when fill dirt for
road construction was obtained. Site is located in Precinct 3.
22. Permission for Road & Bridge Department to enter the property of Diebel Family
Partners, Ltd. located off Mumford Road for the purpose of clearing a channel for
erosion control and constructing a new water gap. Site is located in Precinct 4.
23. The Final Plat of Austin's Estates Phase Two, 38.15 acres, Block 2, Lots 1 thru 12, and
Block 3, Lots 1 thru 8, John Austin Survey. Site is located in Precinct 3.
24. Presentation of quarterly delinquent tax report.
25. Announcement of interest items and possible future agenda topics.
26. Call for citizen input and/or concerns.
27. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT
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REGULAR MEETING
NOVEMBER 2, 1999
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, November 2, 1999, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The attached sheet contains the names of the citizens and
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officials that were in attendance.
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The first matter for consideration was the approval of a
contractual relationship with the Bryan-College Station
Economic Development Corporation. On motion by the County
Judge, seconded by Commissioner Sims, the Court voted
unanimously to approve the contractual relationship and to pay
the October and November Administration and Incentive Payment.
The Court next considered Budget Amendment #98/99-43.1
through 43.6, which would transfer funds to District Attorney,
and Constable Precinct 2, from Contingency, and reallocate
funds for Court Support Costs, Permanent Improvement Fund,
Narcotics Task Force Grant, County Judge, 85`" District Court,
272nd District Court, Juvenile Court Referee, Justice of the
Peace, Precinct 3, Jury Services, Emergency Management, County
Court at Law #1, Justice of the Peace, Precinct 6, Constable
Precinct 5 and Constable, Precinct 6, Alternative Dispute
Resolution, County Clerk Management Fund, Courthouse Security
Fund, Tax Assessor/Collector, County Court at Law #2, Justice
of the Peace, Precinct 2, Justice of the Peace, precinct 4,
Co. Agriculture Extension Service, Indigent Health Care,
Community Supervision, Juvenile Services, and Jail
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Commissioners Court meeting November 2, 1999 2
Administration. On motion by the County Judge, seconded by
Commissioner Sims, the Court voted unanimously to approve the
budget amendment as submitted, a copy of which is attached
hereto.
The Court next considered Budget Amendment #99/00-4.1
through 4.2, which would reallocate funds for Computer and
Network Services Department and Justice of the Peace, Precinct
3. On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached hereto.
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The Court proceeded to consider the change of status of
the employees listed on the attached personnel action requests
submitted to Commissioners Court. On motion by the County
Judge, seconded by Commissioner Sims, the Court voted
unanimously to approve all changes with the exception of the
change for Mindy Millhollen. They will approve her change at
a Step 1 but not a Step 2.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
2000815 through 20001061
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter for consideration by the Court was the
appointment of members to the Brazos Valley Groundwater
conservation District Board of Directors. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to appoint the following to the board:
1. Bill Riley City of College Station
2. Rick Conner City of Bryan
3. Steven Cast Wellborn Special Utility Dist.
4. Tony Varisco Texas Farm Bureau
The next matter for consideration was the allocation of
votes for five members to the Brazos County Appraisal
District. On motion by the County Judge, seconded by
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Commissioner Thornton, the Court voted unanimously to table
consideration.
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The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Singleton
Architect's P.C. for services concerning the Exposition
Center. The architectural firth will provide schematic design
documents consisting of drawings and other documents for the
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construction of the proposed exposition center. The cost to
Brazos County will be billed at $150.00 per hour not to exceed
' $50,000.00. Commissioner Jones asked if this addressed a
feasibility study. On motion by Commissioner Sims, seconded
by Commissioner Cauley, the Court voted unanimously to enter
into contractual agreement with Singleton Architect's P.C. A
copy of the contractual agreement is attached hereto.
The Court next considered the appointment of a Trustee to
serve in a vacated position on the Mental Health Mental
Retardation Authority. On motion by the County Judge seconded
by Commissioner Jones the Court voted unanimously to table
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consideration.
The next matter before the Court was rescinding the Order
Prohibiting Outdoor Burning. The heat/drought index is at 647
which is in the danger zone. On motion by Commissioner
Thornton, seconded by Commissioner Cauley, the Court voted
unanimously to table consideration.
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On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the County
Judge to execute a Tax Resale Deed to the following
individual:
Shabeer Jaffar - 50 feet by 150 feet out of the
Crawford Burnett Survey, being more particularly
described by metes and bounds description in volume
112, Page 489, Deed Records of Brazos County,
Texas.
The Court next considered approval of a Letter of
Agreement with the Wellborn Special Utility District for use
of the board room for jury and bench trials by the Justice of
the Peace, Precinct 2. Usage fees will be•as follows:
Commissioners Court meeting November 2, 1999 4
1. Jury Trials at $50.00 per session
2. Bench Trials at $25.00 per session
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Letter of
Agreement with Wellborn Special Utility District for use of
the board room. A copy of the Letter is attached.
The Court next considered approval of a lease agreement
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for the Brazos Valley Narcotics Task Force. The County agrees
to pay Three Thousand Four Hundred Dollars Fifty Dollars
($3,450.00) per month for office space. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to approve the lease agreement for the Task Force.
A copy of the Lease Agreement is attached.
The court next considered authorizing R. M. Dudley
Construction to return key-pad locking devices and order
electronic proximity locking devices for the Courthouse
entrances. On motion by Commissioner Jones, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the contractor to return key-pad locking devices and order
electronic proximity locking devices at a cost of $27,000.00.
The Court proceeded to consider the following blanket
Purchase Order:
Hobby Lobby Brazos Center $1,500
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The Court next considered approval of requisitions for
the purchase of a laptop computer and the Corel Word Perfect
program for Justice of the Peace, Precinct 3. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to approve the purchase of a lap top
computer and the Corel Word Perfect program.
The Court next considered a requisition for the purchase
of one lap top computer and four computers with monitors for
G the Task Force. On motion by Commissioner Sims, seconded by
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Commissioners Court meeting November 2, 1999 5
Commissioner Cauley, the Court voted unanimously to approve
the requisition and the payment of $13,709.11 from Capital
Expenditure funds for the purchases.
The Court next considered a requisition from the District
Attorney's Crime Fund for a new phone system for the Brazos
Valley Narcotics Trafficking Task Force. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to approve payment of a requisition from the
District Attorney's Crime Fund in the amount of $13,709.11.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Delana Jackson on
Elmo Weedon Road to restore an excavation site where the
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county obtained fill dirt for road construction. On motion by
Commissioner Sims, seconded by commissioner Cauley, the Court
voted unanimously to authorize the work.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of the Diebel Family
Partners, Ltd. on Mumford Road in Precinct 4 to clear out a
z channel for erosion control and constructing a new water gap.
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to authorize the work.
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The Court next considered approval of the Final Plat of
Austin Estates Phase Two in Precinct 3. Richard Vance, County
1 Engineer, stated that he had reviewed the plat and offered the
following comments:
1) Add note on plat indicating that the Austin
Estates Drive portion of this plat will be
maintained by the City of Bryan even though it is
not annexed at the time of plat review by the
Brazos County Commissioners Court.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approved the final plat
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Commissioners Court meeting November 2, 1999
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of the Austin Estates Phase Two subject to the developer
complying with the exception noted by the County Engineer.
The Court next heard a presentation of quarterly
delinquent tax report from Shelbourn Veselka partner in the
firm of McCreary, Veselka Bragg & Allen, Brazos County's
Delinquent Tax Collection attorneys.
Under announcement of interest items and possible future
agenda topics, the County Judge made the following comments:
1. At 3:30 p.m. this afternoon, a drawing for
gifts to those who contributed to United Way on the
first day. The County reached its goal of 147
contributors donating $8,200.00.
2. There will be a CUC meeting on Thursday the 4"'
of November in Austin.
3. A special meeting has been set for 9:00 a.m. on
Friday to canvass votes.
4. Where is a vacancy in the Emergency Management
Department. He will serve as Interim Director of
Emergency Management until a permanent Director is
selected.
5. The County Judge addressed the issue of the dog
1 purchased by the Constable, Precinct 4 and the
concerns voiced by the County Auditor.
There was no citizen input and/or concerns.
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 November 2, 1999 have been examined and are approved in
open Court this the 1" day of 2000, in
Bryan, Brazos County, Texas.
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Alvin W. Jones
County Judge
Wm. Thornton
Commissioner, Precinct 2
Commissioner, Precinct 1
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Commi loner, Precinct 3
Carey C 1 yJr.
Commiss rner: Prec'nc 4
Ton wao
Mary Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS/ MEETING ON ll' o? AT _f' A.K./P.M.
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REQUEST TO COMMISSIONERS' COURT
page 1 of I
COURT DATE: NOVEMBER 2, 1999
DEPARTMENT: PERSONNEL
PURPOSE: APPROVE PERSONNEL CHANGE OF STATUS
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DEPARTMENT NAME
EMPLOYEE NAME
ACTION REQUESTED
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BUILDING MAINTENANCE
LEDEZMA, RAUL
TRANSFER FROM TEMPORARY
TO REGULAR PART-TIME
COUNTY COURT AT LAW #1
NEWHOUSE, VALINDA
RESIGNATION
DISTRICT CLERK
MILLHOLLON, MINDI L
TRANSFER TO CCL #I
DISTRICT CLERK - COLLECTIONS
SANCHEZ, CARLOS
MERIT RAISE
-
JUVENILE SERVICES
PRENOVEAU, BETTE J.
NEW HIRE - F? FILLING OPEN
POSITION
TAX OFFICE
KEATTS, KAREN
RESIGNATION
STANFIELD, KRISTEN M.
TRANSFER TO OPEN POSITION
LARSON, CINDY L.
NEW HIRE - F!I' FILLING OPEN
POSITION
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Approved in Commissioners' Court: November 2.1999
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County Judge or Commissioners Signature: j
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR
NO. 98/99 43.1 thru 43.6
On this the 2n4 day of November 1999 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on November 2, 1999 the Court heard and approved a
budget amendment for the 1998-1999 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 1, 1998 the following
amendment(s) to the original are hereby authorized, as described on the
attached page(s).
ADOPTED AND APPROVED this the 2nd day of November 1999.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/9943.1
11/2/1999
DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 110100 610200 Dr Autos S 2,000.00
01 110100 722000 Cr Crt. Appointed At s-JPs S 2,000.00
Court Support Costs
Year end budget adjustment
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Date: 10/29/1999 Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-43.3
11/2/1999
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
30 1911 725900 191199 Dr Professional Fees Other $ 35.00
30 1911 802810 191199 Cr Equipment Electronic $ 35.00
Narcotics Task Force Grant
Year end budget ad•ustment
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Date: 10/29/1999 Date:~
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DATE: October 29, 1999
TO: Gayle Clement
FROM: Carla Field
RE: Budget Amendment for 1911 - 191199 Grant
Please move $35.00 from line item 802810 Equipment Electronic to 725900 Professional Fees
Other to adjust budget for 1998 -1999 county fiscal year. ;
IA) L..PAQ. Al~)
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/9943.4
11/2/1999
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
100001
519850
Dr
Earned Comp & Vac Time
$ 345.00
01
100001
531000
Dr
Social Security
$ 40.00
01
100001
532000
Dr
Retirement
$ 75.00
01
100001
611100
Cr
Conference & Seminar Fees
460.00
Administration
01
190001
519850
Dr
Earned Comp & Vac Time
1,650.00
01
110015
611300
Cr
Contingency
1,650.00
District Attorney Administrat
ion
01
220001
513000
Dr
Salary-Staff
201.
01
220001
518100
Dr
Longevity
329.00
01
220001
601300
Cr
Computer Supplies
530.00
85th District Court
01
221001
518100
Dr
Longevity
38.00
01
221001
519850
Dr
Earned Comp & Vac Time
202.00
01
221001
618010
Cr
Travel
240.00
272nd District Court
01
225001
519850
Dr
Earned Comp & Vac Time
405.00
01
225001
533000
Cr
Employee Health Insurance
405.00
Juvenile Court Referee
01
243001
519850
Dr
Earned Comp & Vac Time
200.00
01
243001
606000
Cr
Office Supplies
200.00
Justice of the Peace, Precinct
3
01
200100
519400
Dr
Compensated Leave Pa
1,200.00
01
200100
532000
Dr
Retirement
105.00
01
200100
614150
Cr
Jurors-Petit Jury
1,305.00
District Cl.-Jury Services
01
355001
519850
Dr
Earned Comp & Vac Time
250.00
01
355001
519400
Dr
Compensated Leave Pa
200.00
01
355001
606000
Cr
Office Supplies
450.00
Emer enc Mana ement
01
230001
519850
Dr
Earned Comp & Vac Time
1,300.00
01
110015
611300
Cr
Contingency,
1.300.00
Count Court At Law #I-Administratin
CONTINUE
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01
246001
519850
Dr
Earned Comp & Vac Time
1,300.00
01
246001
516200
Dr
Hourly-Overtime
700.00
01
246001
533000
Cr
Employee Health Insurance
950.00
01
246001
531000
Cr
Social Security
650.00
01
246001
611100
Cr
Conference & Seminar Fees
400.00
Justice of the Peace, Precinct 6
01
305001
519850
Dr
Earned Comp & Vac
100.00
01
305001
617500
Cr
Telephone-Cellular
100.00
Constable Precinct 5
01
306001
519850
Dr
Earned Comp & Vac
900.00
01
306001
538000
Cr
Workers Compensation
500.00
01
306001
617500
Cr
Tele hone-Cellular
400.00
Constable Precinct 6
The Earned Comp & Vac amendments are due to fact that the amount of outstanding time due to
employees at 9/30/99 is eater than that which was outstanding at 9/30/98
The Longevity Adjustments are due to the ability of employees to apply for prior service credit. These
credits were not considered in the budget process.
Adjustments to sahu7 expenditures are due to the wage accruals necessary at ear end for
financial purposes.
Date: 1 -7 10/29/1999
T.Tw•-e~'lr~nv,r t^^. ~-,.e..+Fltt iT'. ~J.::~fr1^•~'
Date:
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BRAZOS COUNTY, TEXAS E
401, -Ir
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No. 98/9943.5
11/2/1949
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
17
410060
Cr
Fees-Alternative Dispute
870.00
17
110700
734000
Dr
Dispute Resolution Center
870.00
Alternative Dispute Resolution
Year End Budget Adjustment
20
210050
614500
Cr
Miscellaneous Expense
200.00
20
210050
519400
Dr
Compensated Leave Pa
200.00
Count Clerk Mana ement Fund
22
1
510001
802920
Cr
Equipment X-Ray
1,000.00
22
510001
606000
Dr
Office Supplies
1,000.00
Courthouse Security Fund
Year End Budget Adjustment
Date:
10/29/19991
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Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/9943.6
10/29/1999
D
DIV
ACCT
PRO)
DR/CR
ACCOUNT NAME
Increase
Decrease
01
130001
606000
Dr
Office Supplies
10.00
01
130001
654500
Cr
Office Equipment Maintenance
10.00
Tax Assessor/Collector
01
190001
612100
Dr
Court Costs
1,950.00
01
110015
611300
Cr
Contingency
1.950.00
District Attorney Administration
01
231001
618010
Dr
Travel
375.00
01
231001
533000
Cr
Employee Health Insurance
375.00
CCL #2-Administration
01
242001
617400
Dr
Telephone
600.00
01
1242001
533000
Cr
Employee Health Insurance
600.00
Justice of the Peace, Precinct
2
01
244001
601300
Dr
Corn uter Supplies
350.00
01
244001
533000
Cr
Em to ee Health Insurance
350.00
Justice of the Peace, Precinct
4
01
370001
1
617400
Dr
Telephone
350.00
01
370001
533000
Cr
Employee Health Insurance
350.00
Co. A riculture Extension
01
340001
1
725400
Dr
Physician Services
18,000.00
01
110015
611300
Cr
Contin enc a
18,000.00
In ' ent H:,_hh Care
01
260010
617400
Dr
Telephone
100.00
01
260010
803420
Cr
Furniture
100.00
Community Supme rvision Suppo
rt
01
310001
618800
Dr
Utilities
6,400.00
01
310001
516400
Dr
Hourly-Temporary
24,600.00
01
310001
727500
Cr
TIPC Challenge Grt Plctnnt
31,000.00
Juvenile Services
01
302001
617400
Dr
Telephone
10.00
01
302001
653500
Dr
Gasoline/Diesel
20.00
01
110015
611300
Cr
Contingency
- 30.00
Q ^~.jh?w Preti"st 2
01
1
280020
618800
Dr
Utilities
5,600.00
01
280020
533000
Cr
Em to ee Health insurance
5,600.00
Jail Administration
Year End B
ud et Amendments
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Date: 10/29/1999
Date: 11rr
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BRAZOS COUNTY, TEXAS
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BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR
NO. 99/00 04.1 thru 04.2
On this the 2"11 day of November 1999 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on November 2, 1999 the Court heard and approved a
budget amendment for the 1999-2000 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 9, 1999 the following
amendment (s) to the original are hereby authorized, as described on the
attached page(s).
ADOPTED AND APPROVED this the 21 day of November 1999.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
glr; Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL~l
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BRAZO_S COUNTY, TEXAS
- BUDGET_AME_ND_MENTS - -
--No.99/00-4.1-------
- .99/00- - - - - -
11/2/98
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
45
630005
613250
140000
Dr.
Minor Furniture & Equip.
980.00
45
630005
802110
140000
Dr.
Computer Software
870.00
45
630005
802030
140000
Cr.
Computer Hardware
1,850.00
Capital Improvement
Fund
CNS
To reclassify budget approved to purchase a
CPU for HP 9000 which was bought for less
than the original quote. Therefore, the classification need to be transferred into Minor Furniture.
Also, to move the remaining funds approved into Computer Software to cover increased
pricing for
the Netware 5 Upgrades.
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T If E A Id E R 1 C A N I N S T I T n T E O F A R C N I T E C T S
AM Doarmlent 8141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTbRNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the day of in the year of
Nineteen Hundred andHinety Nine
BETWEEN the Owner.-
.
(JYttw -daid*=) Brazos- County
300 East 26th Street
Suite 116 .
Bryan, TX 77803-5327
and the Architect:
Jim Singleton Architect's P.C.
1500 University Drive East
Suite A
College Station, TX 77840
For the following Prolcm
Brazos County Exposition Center
The Owner and Architca agree as set forth below. -
Copyrlplrt 1917.194.194% 1951.1953.19541961.190.19K 1967 19M 1974. 1977 019117by"WAeterletrt lMktae
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
•
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ARTICLE 1
ARCHITECTS RESPONSIBIUTIES
1.1 ARCHITECT'S SERVICES
1.1.1 The ArctUtect's services consist of those services per.
formed by the A=Wtoct. Ardhhect's esrhployces and Anhk=•s
consultants as enumerated in Artkkz 2 and 3 of this Agreement
and any other services induced In Article 12.
1.1.2 The Architect's services stall be performed as expedi.
dously 23 is eonuisteht with profcsslonal akin and arc and the
orderly progress of the Worn. Upon request of the Owner, the
Architect stall submit for the Ownces approval 2 schedule for
the performance of the Atdiltoa's services whkh ray be
adjusted as the Project proceeds, and shall include allowances
foe periods of time required for the Owner's review and for
approval of submissions by authorities having jhmtsdktion over
the Project Time Limits established by this schedule approved
by the Owner" not, etogx for reasonabic ease; be acoxded
by the Architect or Owner.
1.1.3 The services Covered by this Agreement are subject to
the time llmitadons contained In Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The An3Ueoct's Basic Savkrs consist of those desaibod
In Paragraphs 22 through 2A and any other services identified
In Ankle 12 as part of Bask Services, and Include normal stun
v=4 mecunkal and dcarkal engineering services.
22 SCHEMATIC DEMGN PHASE
22.1 The Atddtect shall review the program fumishod by the
Owner to ascertain the tequirarhcnts of the Project and shall
21111MC at a mutual understanding of such requirements with the
owner.
2.22 The Architect shun provide a prdkran2ty evaluation of
the 0wnces program, schedule and conurtxtion budge
requirements. each in terns of the other, subject to the nmlta-
tlorn sex forth in Subparagraph 52.1.
22.E The Architect shall review with the Owner alternative
2ppnzx ho to design and construction of the Project
22A Based on the mutually agr=iA pots program„ atnoduk
and construction budget tcqukcnxxas. the Architect
stun
prtpatu; for approval by the Owner. Sdhematc Dtslgn Dotal-
merits consisting of drawings 2nd other documents Musumi g
the sole and relationship of Pro)= components.. .
2.2.5 The Architect shall submit to the Owner 2 prelhmehary
colmate of Construction Coat based on current area, vohmne or
other urih costs.
22 DESIGN DEVEIMPMBIT PHASE
2.3.1 Based on the apixoved Schematic Design Documents
and any adjuatmrntt authorbed by the Owner In the program.
schedule or aoruuNabn budgex. the Atdiltect shall prepare.
for approval by the Owner. Design Development Documents
corahti g of drawings and other documents to fix and describe
the sbx and character of the Project as to ardJtCaUr2 , Struc-
tural, mechanical and doctrical systems, materials and such
other akmhelts as may be appropriate.
2.32 The AtdUcect dull advise the Owner of any adjustments
to the pndhnhaty esUmatc of Coeutnhcdon Coat.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget auUhod=d by the .
Owner. the Architect 9=8 preparr, for 2pproval by the Owner.
Consuuctlon Documents mn dsd g of Drawings arid Spedfica-
dons setting forth In detail the mquUcmcnts for the
tion of the Pro(ect; including appropriate,
alterations.
2.42 The Architect shall assist the Owner In the prepare of
the necessary bidding Information, bidding forms, the Co
tions of the Contract, and the form of Agreement between the
Owner and Contactor.
2.4.3 The Architect dull advise the Owner of any ad)ustents
to previous prdlmhury estimates of Construction Coat Ind
tested by t3utges In tog*c, meets or general market Bondi
2.4A The Architect Stan A"I" ahe4~a a
the-0 rx2~'e nmponslbCity for Ming documents
for
the approval of governmental 2udmxkks to" jurisdicgigpf
over the Project
2.5 BIDDING OR NEGOTIATION PHASE
2.6.1 The Ard*cM foeowing the Ownces approval of the
Conhstutalon Documents and of the latest preliminary estimate
of Construction Cost. aqe assist the Owner In obtaining bids
or negotiated proposals and assist In aw2rdhg and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE-ADMOaSTAATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Scrvicat
for the Construction Phase under this Agra ctnent eomnhcrhees
with the award of the Contract for Construction and tCrtml-
nata ere el+e ca/ileroFlinQ ~SStwnas sothe-Awwos of-ilia
-ftitifeoteforftTmemor69drysp rter the d2te of Su
tia1. Cnmplctkm of the Work. Twelve (12) m
2.62 The Amhhoct stall ptovlde admhhlssntbn of the n•
trict for Construction as sex forth below and In the edition of
AtA Document A201.COctlool Condhloas of the Cotutan fib
Cexuuuction,*curmat as of the date of Unit Agmc mcnt.
of nT~ r~~'n ~ -*as amend
2.6.3 Duties. n:gxx sbMtks and nmhstioms of atnhorhy o
Architect due not be msuk x% mcdirkd or extended wit t
written Wctmem of the Owner and Ard-iteet whh consent of t
the Cuntractut. winch consent shall mm he unrc;tsanuhly
w@hhdd. . n . i . , . .
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2.6.4 The Architect OL-A be a mpresentative of and shat) advise
and eunwtt with the Ow'rrtr (1) during construction until final
payment to the Contractor Is due. and (2) as an Additional Scr-
yke at the On nee s direction from time to time during the car-
rection period described in the Contract for Cornstruction. The
Architect shall have authority to act on behalf of the Owner
only to the extent provided in this Agreement unless otherwise
modified by written instrument.
2.6.5 The Architect shall visit the site at intends appropriate
to the stage of construction or as otherwise agreed by the
Owner and Architect in writing to become generally familiar
with the progress and quality of the Work completed and to
determine in general if the Work Is being performed In a man-
ner indicating that the Work w hen completed will be in accor-
dance with the Contract Documents. However, the Architect
shall not be required to make exh2ustive or continuous on-site
inspections to check the quality or quantity of the Work. On
the basis of on-site observations as an 2rehiteet, the Architect
shall keep the Owner informed of the progress and qu2ltt of
the Work, and shall endeavor to guard the Owner ag- inst
defects and deficiencies in the Work. (tlore exte7trinr stir
representation nuns' be agreed to as an Addi ioutrd Sm-Ae, its
described In Parugrapb 3 2.)
26.6 The Architect shall not have control over or charge of
and shall not be responsible for construction means. methncts.
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accor-
danoe with the Contract Documents. The Architect shall not
have control over or charge of acts or omissions of the Conux-
tor. Subcontractors, or their agents or employees, or of any
other persons pcrfoaning portions of the Work.
2.6.7 The Architect shat at all tines have access to the Work
%tAnrter It Is in preparaidon or progress.
26.6 Except as may otherwise be provided in the Cruttract
Documents or tvhen direct communications have been spe-
efall• authorized, the Owner and Contractor shall communicate
through the Architect. Communiatlorts by and with the Amid-
tea's consultants shall be through the Architect.
2.6.9 Based on the Architect's obsenadors and evaluatbro of
the Contractor's Applications for Payrnent. the Architect shall
mim- and certify the amounts due the Contractor.
26.10 The Archltea's certification for payment shall ctxtsti-
cute a representation to the Osmer. based on the Architect's
obsmnation at the site as provided in Subpntagnph 2.6.5 and
on the data comprising the Contractor's Application for Pay-
ment. that, to the best of the Archhect's knowiediM informa-
tion and bellef. the Work has peiogressed to the point indicated
and the quality of Wbrk is in accordance with the Contract
Documents. The foregoing n prescrimdons are subject to an
ev-Auuion of the Work for conforrrance with the Contract
Documents upon Substantial Completion, to results of subse-
quent tests and inspectiom to minor deviation from the Con-
tract Documents corteaable prior to completion and to spe- -
i r title qualifications expressed by the Architect. The Issuance of a
Certificate for Payment shall further constitute a rcptC%M12tion
that the Contractor is entitled to pa T=at In the amount certi-
fied. However, the issvanoe of a Certificate for Payment 4121
M be a representation that the Architect has (1) made Cd=JS-
the or continuous on-site InSPecdons to check the gMlity Or
quantity of the Work. (2) miL-vd Corwntction nhcant, me;th-
ads, technlques, sequences or procedures, (3) reviewed copies
of requisition reedved from Subcontractors and materbl sup-
pliers and other data requested by the Outlet to subsnntbte
the Contractors right to payment or (a) asccrtaincd how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum.
2.6.11 The Architect shat! have authority to reject work which
dtxs not conform to the Contract Documents. U herxver the
Architect considers it necessary or advisable for Implementa.
ikhn of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing of the
Cork in accordance with the provisions of the Contract Docu.
ments, whether or not such Fork Is bbncatcd, installed or
completed How•ev n, neither this authority of the Archutect nor
a decision made in good faith ether to c-cerese or not to exer.
else such authority shall give rise to 2 duty or responsibility of
the Architect to the Contractor. Subcontractors, material and
equipment suppGcrs, their agents or cmplo%ees or otter per.
sons performing portions of the Work
2.6.12 The Architect shall review and approve or take other
approprutc action upon Contractor's submittals such as shop
Drawings. Product Data and Samples. but only for the limited
purpose of checking for conformance w ith information given
and the dt.,agn concept expressed to the Contract Documents.
The Architect s action shill be taken w nth such reasonable
promptness as to cause no delay in the Work or In the con-
struction of the Owner or of separate contractors. while allow-
ing sufficient time in the Arctutcct's professional judgment to
permit adequate review. Review of such submittals is not con-
ducted for the purpose of determining the accuracy and com-
pleteness of other details such as dimensions and quantities or
for substand2dng instructions for Installation or performance of
equipment or systems designed by the Contractor, 2.11 of which
remain the responsibility of the Contractor to the extent
required by the Contract Documents. The Architca*s review
shall not constitute approval of safery precautions or, unless
othcw•tu specifically stated by the Architect, of construction
means. methods, techniques. sequences or procedures. The
Architect's approval of a specific Item shaA not Indicate
approval of an assembly of which the item Is 2 component.
When professional certification of performance characteristics
of m2Lcd2b. systems or equipment is required by the Contract
Documents. the Architect shall be enutled to rely upon such
certificukxt to establish that the materials. systems or equip-
ment will meet the performance criteria required by the Cor►-
tract Documents.
2.6.13 The Architect shat prepare change Orders and Con-
struction Change Directives. with supporting documentation
and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3. for the Owner's approval and
execution In accordance with the Contract Documents. and
nay authorize minor changes in the Work not Involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the Intent of the Contract
Documents.
2.6.14 The Architect shall conduct Inspections to determine
the due or dates of SubuantW Completion and the due of final
completion, sh2U receive and forward to the Owner for the
Owmet s rev'iew and teeords written warranties and related
docurnam required by the Contract Doctunents and assem-
bled by the Contractor. and shall Lssue a final Cenlfiate for Pay.
inert upon compliance with the requirements f the Con u2ct
DOCUnthen[S y~-- , N 9 /
ALA OOCLOMIT 11141 • tn?QER,ARCHr<ECT AGREE)WiT • FOt1Ri1:MT7H l DMM • A146 - C 19C l♦t
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24.15 The AmWteet shall intapret and decide matters con-
cen-& g pa{ornunce of the Owner and Contractor txhda the
requbvments of the Contract Documents on written request of
either the owner or Contractor. The Architect's response to
such mqucsu shall be made with reasonable promptness and
within any time limits agreed upon.
24.14 bucspreadons 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
deswings. When making such huesprctatiorn and inltlal ded-
sions, the Architect shall endeavor to secure falthful perfor-
r natr= by both Owner and Contractor -}all not shew Vwsialky
.toehba. and shall not be Uabk for results of huerpmutiorts or
dccbbm so rendered in good faith.
24.17 The Architect's decision on ratters relating to aesthe-
tk effect sW be final if consistent with the intent expressed in
the Contract Documents.
24.10 The Architect shall render written decisions within a
fcxsonabk time on all claims. disputes or other anthers in ques•
Lion between the Owner and Contractor relating to the exccu.
tion or progress of the Work as provided in the Contract
Documents.
--an-TI'. 1"t,ie~r. A.~.eln..r f•let.... Aierufre nr ryhK
.l See Addendum.
ARTICLE 3
ADDMONAL SERVICES
• &I GENERAL
3.1.1 The saviors described in this Aaldc 3 arc not indudcd
In Bask Scrvkrs unless so kkndGod In Ankle 12. and they scull
be paid for by the Owner as provided b this Agreement. In
addition to the compensation for Bask Services. The services
deaoibcd tender Paragraphs 32 and 3.4 shall only be provided
If auhodzcd or confirmed in writing by the Owns. If services
dooribcd under Contingent Additional Services in Paragraph
33 are required due to circumstances beyond the Architect's
eonutal. the Architect shall notify the Owner prior to corn-
nuxKh g such servkes. If the Owner deems that such services
doaitiod under P=grapph 33 are not required. the Owner
shall give prompt written notice to the Architect. If the Owner
Mhdkxt<s In whiting that all or part of such Contingent Addi-
tkxrd So rAm we not required. the Architect stall have no obli-
gation W provide those services.
32 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
321 If more extensive rgxesauadon at titer site than Is
described in Subparagraph 2.6.5 is required. the Archlic t shall
provide one or more Project Rcpxesentadws to assist In cany
InR out such addition! on-slic rspponsibuhics.
322 Project Repucscntattva shall he selected, empkpycd and
directed by the Architect, and the Architect stall he compcn. '
sated therefor as agreed by the Owner and Architect.
dutks. responsibilities and Umhatkxu of authority of
Rgx=cnatives shall he as dacibcd in the oxUtkxh of
Docunwx 8352 currcrt as of the date of iris Appoemevu.
txhcrwrasc apVccd. .
•
3.2.3 Through the obsovalo n by such Project Represcn.
tativm the Architect shall ahdesvm to provide fulther pecan
Lion for the Owner against defects and deficiencies in the Work.
but the furnishing of such project representation shall not
modify the rights, responsibilities or obligations of the Architect
as described etsewherc In this Agreement.
3.3
3.3.1 ►taking revisions In Drawings. Spocifiodons or other
docunxsw when such revisions acct
.1 kwonskAent with approvals or butrucdotts previously
gtven by the Owner. Including revisions made neces-
sary by adjustments In the Owmcr's progr2M or Proj-
ect budget;
2 required by the enxtment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
...3 due to cangcs requlcod as a result of the Owner's &U-
ure to tender decisions In a tirnely manner.
3.3.2 Providing scrvkes required because of significant
changes in the Project including. but not Urnited to, size, quai-
ity, eomrAcxlty, the Owner's scheduk, or the method of bid.
ding ex negotiating and contracting for eonstnxtlon, except for
scrvkcs required under Subparagraph 5.2.5.
3.3.3 Pocporiag.Dowiags. Spodfl don, - ad otku - doormcn-
tarion-and•suppO1 Ing etas; evslmth+g-Gontnctordpmpoeabsr
and,-lamulding -W- scndccsJn.irnncuiort. w1LIa.
Ord°s See Add n
-latiia4u Provi" by "the In CconInKOCLIM Corr uiwith g s
riAsiontto Drnvrngst Spodfiadons and OBler doau mention
~~~t°rn• *after bidding.. - /
3.3S Providing oonsultatkm c meeting mpla=nmt of Wc)
damaged by fire or other cause during cotuuuetkxu and Ile
nishing services tequtred in oonnecdon with the acplaim. nI
of such Work.
3.3.4 Providing services made necessary by the default of the
Contractor. by mayor defects or deficiencies In the Work of the
Contractor. or by failure of performance of either the Owner or
contractor under the Contract for Cotwructiott.
Jwkh 44fWe&. See Addendum.
3.3.0 PrtrAding services In connection with a public hears
* wbkntiar proceeding or ke proceeding except where
Architect h per, thcteeto. mediation
3-3.9-Nit,whiSdocarncttw&wWwrnm&..sepsr:rA" ►aogvw
annift -Gawstr
tiorrtitrcmn+atcrPln=- See Addencdj
A
3.4 OPTIONAL ADDITIONAL
financial fends ty or other spacial Mut1kx
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3A.4 Providing sped ant's. enefronmennl seudies and
suWWssbrs required for appro.alt of $os author@ks
or others having jurisdiction Over the Project
3.41.5 Providing seta ko relative to future b0irks. sptems
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and equipment.
3.4.6 PtOYldlrlg services to fm'esrlgare c cistlrtg conditions or
bdUtks Or to make measured drawings thereoL
3.4.7 Providing services to verify the accuracy of drawings or
+
other Information furnished by the Ow•rer.
3A.8 Providing coordination of construction performed by
separate eontrxtors or by the Owner's own forces and coordi•
M1'
nation of writes required in connection with construction
performed and equipment supplied by the Owner.
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3.4.9 Prodding services in connection with the work ofa con,
r,
stmKUon manager or scpante consultants retained by the
Owner.
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3.4.10 Providing detat7cd estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys Or inventories of
materEit equipment and labor.
3.4.12 Providing arnlyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection. proatrement
r' Or hmallatlon of Mrr%lture, furnishings and related equipment.
3.4.14 Providing services for planning tempt Or rental VWM
3.4.15 Making Invex4idbns, kn vntod s of Dataiab Of equip-
tatstt, or %-Axttions and detailed appraisals of tatistic~g f c1liti .
3.4.16 Preparing a set of mproduabk m ord dirirhtgs shows
fag AgniBeatu d:znges in the Wont made during construction
based on asarked- up prints, drawiirw and other data furnished
by the Contactor to the Architect.
3A.17 Providing assistance In the W11= L10111 Of egtdpmcru or
such as testing, adjtlstin and bnlaneirm prcpondon of
4.2 The Owner shall establish and update an oventh budget rc f
the Projem including the Constriction Cost. the Owner's other
casts and reasonable contingencies related to zap of these costs.
4.3 if requested by the Architect. the Owner shall furnish evi-
dance that financial arranganeno have been made to fulfill the
Owners obligations under this Agreement.
4.4 The Owner shall designate a rep. native authorized to
act on the Ouiw's behalf with respect to the Project. The
Owner or such authorized representative shall render dmiskxu
in a timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable debt' in the orderly
and sequential progress of the Architect's scrims.
4.5 The owner shall furnish surveys describing physkal
characteristics, legal limitations and utrlin locations for the site
of the Project, and a written lcpl description of the site. The
surveys and legal Information shall include, as applicable.
grades and lines of streets, alleys, pavemcnts and adjoining
propem• and structures; adjacent drainage; rightsofway.
restrictions, easements. encroachments, zoning. deed restrk•
dons, boundaries and contours of the site-., locations, dimerr
sbns and necessary, data pertaining to existing buildings. other
improvements and trees; and information concerning avaibble
utility services and Lines. both public and priv7te, above and
below grade, including inverts and depths. All the information
on the survey shall be referenced to a Project benchmark.
4.6 The Owner shall furnish the services of geotechnial engi.
teas when such services are requested by the Architect. Such
services may indude but are not limited to test borings. tat
pits, determinations of soil beating values, pencobdon tests.
cv Wu2dorn of hazardous materials, ground corrosion and resis-
dvky tests, trldading necessary operations for anticipating sub-
soil conditions. with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish tic servka of other consul-
tants whin such srnka are reasonably required by the scope
> g of the Project and arc requested by the Architect
operation and maintenance manuals, training pasonnd for 4.7 The Owner shall furnish str ctutal, mechanical. chemical,
operation and maintenance. and consultation during OPwxkm. air and water pollution tests. tests for hazardous materials, and
3.4.18 Providing services after bs uance to the Cm%T= Of the, other hboeato.y and environmental tests. Inspections and
Mal C niB=c for Pmm=r, or in the absence of a fsal Cer• reports required by law, or the Contract Documents.
dficate for Payment. more than 60 days after the due of Sub•
sunt.W Completion of the Work. 4.8 The Owner shall frm.M all legal, amounting and insurance
3.4.19 Providin for other than aredtl- counseling services as may be necessary at any time for the
$ srnlees of consultants Project, including auditing sm,kes the Owner may require to
ttxatnal. structural, mechanical and clowial enpleenir►R Pay verify the Contractor's Applic2dons for Payment or to ascertain
dons of the Project provided as a pan of Bask Serices. how, or for what purposes the Contractor has used the money
3.4.20 Providing any other services not otherwise Included In
this Agreement or not customarily furnished in accordance
w•hh generally acmepted archimcnsral practice.
n
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner gna provide fuze 8ttwm2don reprding
regtdrements for the Project, induding a program e+ihldl shall
set fbM the 0%m Ws Objectives. sdteduk. and cri-
teft trxbu g apace reguircrtaasa std rdzdonsI:IA fiod•
bility. expandability. special egilipracnt. systems and site
its'
paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entltkd to rely upon the
accuracy and completeness thereof.
4.10 Prompt written notice shall be Shen by the Owner to the
Ardtirea 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 aertl8ates or cenifiatbns
requested of the Architect or Ardtitea's consultants shall be ,
subraiuod to the Ardiltea for review and approval at least 14
d2o prior to execution. The Owner shall not request oectiscm- .
class din would require knowledge or services beyond the
scope of tints Aftreanerit. WoX 1f rQ [-y..•v 4
MA DOCiIEW 11141 • Oe>~'ER ARcHrrECT AGREEMENT • FOURTFLITH EDrnO.V • ArA• • C1SW,
• 5 B141-1987 7HEA.%Ulr4$ L%STTT=OF A CN3TE= tnl ?'M YORKAvL%'L•E N.C cASHMGTOt D.G tonOti
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ARTICLE 5
cUNS mucTION COST
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5.1 f)L-FINii'ICN
5.1.1 77 c Construction Cost shall be the total cost or esti-
mated cost to the Owner or au elements of the Project designed
or specified by the Architect.
5.12 Tim Construction t-ost shall Include the cost at current
maitct rate of L-bor and rnatcrials fumishcd by the Owner and
equipment desightd, specified. selected or specially provided
tot by the. Architect, plus a reasonable allowance for the Con.
tractor's c-vcrt.crd and profit. In addition, a rctsonabk allow.
ante for cv,itinRencies shall be included for market conditions
at the tune of bidding and for changes In the Work during
constnua W n.
5.1.E Corutnccdon Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the land,
rights-of-way, financing or other costs which arc the respon•
sibWty of the Owner as provided In Ankle 4.
52 RESPONSIBILITY FOR CONSTRUCTION COST
52.1 Evaluations of the Owner's Project budget, preliminary
estimates of Consinxoion Cost and detailed estunates of Con-
struction Cost, if any, prepared by the Architect, represent the
Amehlton's best judgment as a design professional famifty with
the construction industry. It is recognized, however, that net.
tlte'r the Architect moor the Owner has control over the cost of
labor, materials or equipment, over the Contnctor's•methods
of determining bid prices, or over competitive bidding, rmrkct
or negotiating conditions. Accordingly. the Architect cannot
and does not wuruu or represent slut bids or ncgodatcd pries
will not vary from the Owner's Project budget or from any
ewe of Construction Cost or evaluation prepared or agreed
to by the Architect.
L= No fixed limlt of Construction Cost shall be established
as a condition of this Agreemeat by the furnislhkhg, proposal or
icstablishm wnt 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 es 1 do n, to dacmhkhe what materials, equipment, com-
ponent systems and types of construction are to be included in
the Contract Documents. to make r asonabk adjustments in
the scope of the Project and to Include in the Contract Docu-
ments alternate bids to adjust the Constriction Cost to the fixed
HmIL Fixed halts, if any. shall be Increased in the amount of
t xm=se In the Contract Sum occurring after execution of
Contract for Constnuetlon.
62.E U the Bkklf hg at Negaiatlon Phase has not
wdthln 40 days after the Ar ihoct submits dhe
Doarrneats to the Owner. any Pro)cet budget of fixed r
Cor>strt,ctlon Cost shall be adjusted to teneet changes
general kvd of prices In the construction industry between th
date of submission of the Comsuuction Documens to the
Owner and the date On which proposals are sought.
52.4 U a taxed Ilrnh of Construction Crest (adjusted as pro.
vfded In Subparagraph 523) Is eacoeeded by the lowest bona
fide bid or negotiated proposal. the Owner stag
.1 give written approval of an i xmw in such Axed
limit;
2 ataltodxe rebidding or renegotiating of the Project
within a reasonable thw,-
A" Documm i"41 • o7rm4AaavrTCr AGRtrttcrr • lotafttartls ttD[TION • Au• • Or
THS MIUK 1N IM 311tlr1 dAROtRtIL1i. lylS MwYYORKAVM . N.W~ WAMDIGTM =UWWWLff-
MINCIMMU050waWple-c-s" vkAM" 11.11: oopyrlar,i Iwa s d Y aih@ct gl169d pxmwcud0m
.3 if cite Project is abandoned, terminate It-SMOrdarsee
. with Paagraph 8.3. or - •
4 ' ctiopcrne In revislnj; the Pro}M KOPC and qualjay as
roq►dred io reduce the ConswNogS._-_ -
5.2.5 !f die Owner cbooses Io piooebd"undc:r1Mjjk 52.4.4,
theArdhhca.'without addltlonaltiurge -0211'n5odifji the Coii.
- trio Doetrnem as nooessar'yto contp1 f Mth the fuicd U&k if
established as a condition of thirAgmc nene-1tTt2 k6cR ifi6tloQQ
of-Contract Docwncnts *zhA be vw unft•'cff'the Ardutcca'
resporulbulry arlsingvut,attlne'i stablLOwsatt Df a'fWbd IIrtS
The Architect shall be entitled to oOmpcns2Wn.ln acccirdance,
wlLh this Agrceawtt for all staviocs performed whether or not '
the CgnsuucOon PtuX.ls commenced. t
ARTICLE 6
USE OF ARCHITECTS DRAWINGS,,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings. Spcdfk atWd and other documents pre-
pared by the Architect for this Project arc Instruments of the
Architect's service: for use solely with respect to this Project
and, unless otherwise provided, the Architect shall be deemed
the author of these docurrhents and shall rctaln all common law,
st.tutory and other reserved rights, including the copyright.
The Owner shall be permitted to retain copies. Induding repro-
ducblc copies, of the Architect's Drawings, Specifications and
other documents for Infortatbn and reference in connection
with the Ownces use and occupancy of the Project. TheAregl-
t:eet34)rawirW. Spedrkmdeasotedx+decan+mtseMll Act
-=&bg.tbet~utecosotbnsoa other p^ leas. k,•
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i *44ojeR-0ftoaaoahpletloraoLdalt~o}c'tx~yrotlterss•
ottc An:Mtoct is adjt;dSod to be Is. PNttdet'
t xceprb roomehe-Irwtitltawrtd,frRlt appropbK
aarion-tedxAmhheet. See Addenc m.
62 Submission or dlwibution of documents to meet official
regulatory roquhanents or for A br purposes in connection
with the Project Is not w be construed = publloAon In der oga.
akin of the Architect's rcmrve'd rights.
ARTICLE 7
ARBITRATION
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ARTICLE 6
TERMINATION, SUSPENSION OR ABANDONMENT
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8.1 This Agreement may be terminated by either party upon
not less than seven days' written notice should the other party
fail substantiaDy to perform In accordance with the terns of this
Agreement through no Emit of the party initnting the tertnuut,on.
8.2 If the Project is suspended by the Owner for more than 10
consecutive days, the Architect shall be compensated for ser•
,vices performed prior to notice ofauch suspension. When the
Project Is resumed, the Architect's compensation shall be equi-
tably adjusted to provide for expenses incurred in the interrup-
11101; and resumption of the Arehhect s services.
8'3 This Agreement may be termimted 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
b abandoned by the 0wrra for more than 90 consecutive dais,
the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to maize payment to the Architect in
accordmoc with this Agreement shall be considered subsnntal
nonperform2rxc and cause for «amirtation.
8.5 if the owner bits to make payment when due the Archi-
tect for services and expenses. the Architect may. upon seven
dos w•rfrten notice to the Owner, suspend performance of aer-
trloes sunder this Agreement. Unless payment In full b received
by the Architect within seven days of the date of the notice. the
suspension shall take effect winlwut further notice. In the dent
Of a suspension of services, the Architect shall have no liability
to the Owner for delay or damage caused the Owner because
of such suspension of services.
8.8 In the event of termination not the butt of the Architect,
the Architect shall be compensated for services performed prior
to temurntion, together with Rambursabk Expenses then due
and all Tcm*=Eion Lvaucs as defined In Paragraph R.7-
&7 Termination Expenses are in addition w compensatkn for
Bask and Additional Services, and include expenses which are
directly atu tltabk to tomhndon. Termination Expenses shall
be computed as a percentage of the total compensation for
Basic Services and Ad4itkXW Smites tamed to the time of ter-
mination. as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Smites earned w date if termination
otters before or duria%the predesign, site analysis. or
Schematic Design Phaks. or V C4'~ ~,LtS1
.2 Ten percent of the tote! compensation for Bask and
Additional Smites earned to date U termination
occurs during the Design Development Phase. or
.3 Five percent of the total compensation for Basic and
AdditkxW Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be gov
erred by the law, of the principal piece of business of the
Architect.
9.2 Tema in this Agreement shall have the same meaning as
those in AIA Document A301, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement
9.3 Causes of action between the parties to this Agreement
pertaining to acs or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occumng prior to Substantial
Completion, or the date of issuance of the final Centficate for
Payment for acts or failures to act occumnq after Substantial
Completion
9.4 The Owner and Architect wzive all rights against each
other and against the contractors. consultants, agents and
employees of the other for dartages, but only to the extent cov-
ered by property Insurance dunng consut• zion, except such
rights as they may have to the proceeds of such lruurance as set
forth in the edition of AIA Document A-701, General Condiuons
of the Contract for Construction, current as of the date of this
Agreement. The Owner and Architect each Shall require similar
wyivcrs from their contractors, consultants and agents.
9.5 The Owner and Architect, respecth•eiv bind themselves.
their partners, successors, assigns and legal representauves to
the other party to this Agreement and to the partners, succes-
sors, assigns and legal representatives of such other parry with
respect to all cotenants of this Agreement. Neither Owner nor
Architect Sh911 assign this Agreement without the written con-
sent of the other.
9.6 This Agreement represents the entire and Integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representatlons Or agreements. either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 nothing contained In this Agreement shall crate a contr2c-
1u2i relationship with or a cause of action in favor of a third
parr, against either the Owner or Architect.
9.8 [inks otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery. Presence. handling. removal or disposal of or expo-
sure of persons to hazardous materials in any form at the Project
she, including but net limited to asbestos asbestos products.
poh•dilorvuted biphenyl (PCB) or ocher toxic subsoric s.
9.9 The Architect shall have the not to hhciude rrpraenta-
thons of the design of the Project. Including photographs of the i
exterior and interior. among the Architect's promotional and
professional materials. The Architect's materials shall not
include the Ownerr~dcntial or proprietary infommrion if
advised the Architect in writing Of
AIA DOCUMENT 8141 • OWKER-ARCHRECT AGREEMEVr • FOURTEENTH MrnON - AIA9 • 0198-
7 8141-1987 THE A11MCA.V U3TM E OF ARCHITECTS. 1735 NEW YORK AVENt.'E. N m., mASHL-;GTa%. D G20006
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the speck WOnmtion oonsidcrod by the Ow= 00 be con&
denial or proprietary. 7bc Owner stall ptcov6de professional
credit for the Architect an the construction sign and in the pro -
national materbis for the PWJoct.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1
10.1.1 Dhaat Personnel Expense 6 defined as the direct
sdules of the Architect's personnel en&;SW on the ProJeu and
the portion of the cost of their mandatory and customary con-
utxKions and benefits related thereto. such as employment
tam and other statutory employee bawfi . Insurance, sick
ieaw_ hoLktays, vacations. pensions and siman c nEdbutions
and bendkL
102 REIMBURSABLE EXPENSES
10.21 Rehnbtusable Expenses are In addition to compatsa-
tbn for Basic and Additional Services and include expenses
6scurred by the Architect and Arcthect's employees and con-
suharus in the into est of the Protect. as idatirted in the follow
big Causes.
1021.1 fxpcn96'•ef-tntnspemm;en-h- towneeriew-wkb-she
Prelmi..~xitauer4t-eennecNetrvrkit-addterktd-art-efi~
>•isrsidJw ~~-n foes-paid forsecuo-
~ef4whorhdes4w.- t6 Nrbdktbe-,"w dw Prejec~.
See Addendum.
10.6 PAYIdtMS ON ACCOUNT OF BASIC SERVO 5
10.6.1 An h* W payment as set forth In Paragrlph 11.1 is the
minimum payment under this Agree neat.
10.3.2 Subsequent payments for 8,asic Services stall be made
monthly and, where: appticabic. stall be in proportion to W.
vioa pedomwd within each passe of sef.vioG on the basis set
forth In Susbps7gaph 1122.
10.9.6 If and to the extent that the time Initially csttblished in
Subparagsph 11.5.1 of this Agreement Is coomdod or extended
through no fault of the Architect, oompc=dm for any ser.
vices rerKlemd durhtg the addkkxW period of time shay be
computed In the mnann cr set forth In Subpmvgr2plh 1132.
10.3.4 When compensation Is based on a Peroentage of Con.
struction Cast and any portions of the Protect art: deleted or
otherwise not constructed, eommmdon for those portions of
the Project shall be payable to the cw= savioes we per-
formed on those portions. in accordant with dice schedule sct
forth In Subp2ngr2ph 1122, based an (1) the lowest bona fide
bid or nt gotbtcd propomL or (2) if no such bid or proposal is
received. the most recent pcd nbwy estimate of Construction
Coat or det2&A emanate 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 AdditlonaJ
Scrvkes and for Reimbursable Expenses shall be made M"n
upett presentation of the Architect's statement of services kK4
deted or expenses Incurred. thirty (3Q s
10.5 PAYMENTS VATHHELD after ~ .1
10.50 No deductions shall be made from the A=hkedCs oom/
pensuJdn an account of penalty. 119ft ted tl=aes oratli'er
sums withheld fiom payments to contractors. or on account of
the oast of dactgcs In the Work other than those for which the
Architect has been found to be Babie.
10.6 ARCHffECT8 ACCOUNTTN(i RECORDS
]0.6.1 Records of Reimbursable Expenses and expenses per-
twining to Additional Services and sovloes performed on the
basis of a multiple of Direct Personnel Expatsc w= be avail-
able to the Owner or the owneds audnottxod at
ho. used ft. cavacedw -ids ft Iraq= munntly co~«elent thanes *and any other records
0.2.1.7 The Owner shall receive a credit in Architect's possession related to
gainst reimburseable expenses, for all this Contract. The Owner, through its auditor
and payments made by contrac-ARTICLE 11 may request from time to time; statements as t
Fdeposits
tors and subcontractors for cop epF~~1 services rformed to date, certified as to
Q, ~co strut ioit d c ~ents• reQues eu F "t~~ _SATION the 'accuracy -by the Architect. rinWg The wse o tnCompensate IhecArd*cct as follow m
.
11.1 AN DUTIAL PAYMW of ZERO Dotlad('Ji . _O )
be nude upon etooautlon of this Agroemat and cedked to the Oarrtds paymteatt. : ' i
112 BASIC COMPENSATION
1121 FOR BASIC SERVICES. as described in Ankle 2. and any nxber stsvlocs Wkided In AnIck J 2ps pact a(Basic Scr Aocs, Basle •
Comptatntion dal; be computed as followst'
J q/ awVns d0K &dWdhW S.rrur d DOM MCWO err p..aur.RM MW "Wei" JAMW rb .alb p.rra...r.olr ya.p.uNt. ~ ~
Eight percent (-'Si ) of construction cost, as defined *inl'Article
5, The Project to be awarded,•under _a single stipulated sum -'-.M..::;• r•
construction contract.
VqW~~
AN ootxmoa am • ovPcRAr =T= AGamswr • FouttrE m zoi. )N • Au• • ot9tr, .
tttssrrMWANastUMCFataaraerrr17stawrosstAVOetct:stvvAgunet+K06C-WWG" 61414 987 1-0 t
aac" tlP, 0 vsot.w Its oaorAd+twn.we 1..uepet to k9d sA..amo'+-
r
W.%1A Expense of ewdeahggs, models and modkvps requestod
by the Owner. '
10.21.5 Expense of additional hmuarta eoveage or [knits.
Intruding ptofesdonal $abllky Irsurarw- requested by the
)W exctss of that normally carried by rite Architect and
's consulmnts.
y
I 1.22 Where eompts?,satimn b bastd on a sdpubed Stan Or Per a CWAn' dW CDSt. P'09m P'WWM for 52511 Scrims
in each phase" COW the (OW,* M pcMvn0S0 of the COW Besk Compowdon pn2bk-
fawnr a•sfrwuwdpt+are as AWWPg1 '1
Programming, Site Selection and Diagrams 8 percent( 8)
SdKM2&k Design Phase: 10 Pam (
Design Dovlopmou Phase: 17 Pact- (
ConstruNon Documents Phan: 40 Paccm(
Bidding or Negodation Phase. 5 Perms(
Construc," Phase: 7n Perm. I( •ti)
Toni Bask Compensation: one hundred percent (100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESEATATION BEYOND BASIC SERVICES. 2s described In Paapraph 32. compensation Shan be corn..
puted as follows:
At a multiple of two and one-half (2.5) times the direct personne
expenses as defined in Subparagraph 10.1.1 of employees engaged
in performing these services or a mutually agreed-on amount.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT. as described in Articles S and I'. other than (I) .'%dJitionai Project
Represenotion, as described in Par2gnph 3.2. and services included In Ankle 12 as pan of B2sic Services, but excluding
services of consulu nm compensation shall he computed 25 follow3:
fewer bulls Q/ffrwprftWAW. LwfrdINS null anstow mWofq aJwnd /l+rrrn•1 Et~swrr M.•rrparf awd n+Ph- i+.0 k4s1jr Pnrnp eb aw,f %&Wjr
wphtn- y -VW-d. Ide-Ift 4weyk on- r. -beet P-sailer wwa.m .,f C"W/hr HWrw appr. 4, wcna r
At a multiple of two and one-half (2.5) times the direct personne 1
expenses, as defined in Subgraph 10.1.1, of employees engaged
in performing these services or a mutually agreed on amount.
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11.3.3 FOR ADDITIONAL SWICES OF CONSWANTS, Ulduding 30dWard struttusL modwtkal and dectrltal engbwcrbmg
sa%ias and those pro0do unQet Subpuxgnph 3.4.19 or identified In Artlde 12 as put of Additional Smites. a multipk of
• one and One- gurth ) times the amounts billed to the Architect for such scn ices.
'mod' *DVW oIM (V --"M a Nadi rt y fr0~1
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REL`•IBURSABLE EXPLXSES. as described in Puagnph 103, armd an} other hems Included in Ankle 12 as Reirnbursable
EVmsma mWdpk of one gnd one-tenth ( 1 .1 ) ~ the °~n'es ~ed br dv Architcn, the Archiwa*s
enlployYa and consul=ts in the Interest of the Projem
11.5 ADDITIONAL PROVISIONS * the Notice to Proceed issued by the Owner
11.5.1 IF THE BASIC SERVICES covet td by this Agreement hate not been eompletcd within s1xt9
( 60. ) months of dwiluehae4f. through no fault of the Architect. extension of the Atchlteci s sm ims be vna that time shaA be
compensated as prodded In Subpx2Sr*u 1033 and 1132.
11.112 P.7%m=ts are due and P2%-2W thirty (30 )Sys from the date of the Architect's Invoice.
Amounts unpaid ( ) days alter the irnvke date shall bar Interest a the rate entered below. or ~
In the absenoe thereof at the kgal rue prevailing from dare to time at the principal pbce of business of the Architect.
f/nmr,wgr8~q,~r.~,..styo.V p/~
~ mianwer r mgr 01a 1r and A~
ft iwy fans tad nr rm rdcr rbr fisted f►vab be
Y paf ow q j tact m. roorora. of m. drulina d,mm~• oe~ a~.a ~+•wum7 grsfr aor~doncgRr ai.+.arrcr,ed.rs a oe..w~d.r.~► ' .
o a nWdylraam.e4 a*d:w vipfdR -W* - S 6 err -rime" arrloaas or 8=rW sJ! -
AIA DOCU M M 8141 - OU7MZAXCH TECT AGt1EOMNr • FOIRTM7M EXTION - AtAV • =1W
9 8141-1987 TW AMOWAX V= -ri OF ARCHMCM 1033"M YORK A%T\t'G Ic tr QASHL;GTO.\ D.G 20096
MIt1AM~•N=• I lwdr+w..A ••L•~w~ • rw -wA h ..Nr. M 4~. - - \
i
11Aa The aces and cnnklpies sa foab for Addkkmw Saviors sha0 he 20rrnQr adhcssed to aooad+~ P vft normal
of the Mdchom aatary sevlew
peadoes
•
ARTICLE 12
OTHER CONDITIONS OR SERVICES
Jas y A/~era.I s..f.r i~r,r a.rk a.~..r~w..r.e~lo.el,. a fir. p~...r..~ +a. Mwr
•=&M =Afefoo
See Article 12 Attached, pages 11; 12, 13, 141, 15.
•
7 Is AV== entcmd Into as of the dry and yrar AM wdUM 2bom
OWE Brazos County '
Jim's Architects
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awp d n=W and M0 d"dAU0
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M CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
VIOL"/ 9 '
s a~sa ~ rrnirsor i n s * sv~a u~xi. ftC20M 81414987 10
.Ma►n10gc 11Y~owrd pAoleoprl~q Mo1.M~ Ila. morelpM s+a 1..~.ct M ~ o~*~
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ARTICLE 12
OTHER CONDITIONS OR SERVICES
CONTINUED:
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1.4 Add: The Architect shall perform the services described in this Agreement with
that degree of care, skill and diligence ordinarily exercised under similar
conditions and in the performance of similar services with respect to projects of a
similar nature to those services contemplated by this Agreement by competent
members of the architectural and engineering professions practicing in the area of
the location of the Project. No other representation to the Owner and no warranty
or guarantee, either express or implied is included in any document prepared by
the Architect.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1.2 Add: The Architect's Basic Services are expanded to include the following
consultants at no additional cost to the Owner: LAN Architects, Civil
Engineering, Landscape Architecture, Building Operation Management, Life
Safety, Sound/Acoustics, Lighting, Food Service, Equestrian, Veterinarian and
Cost Estimates.
2.1.3 Programming the requirements of the Project is part of the Architect's Basic
Services.
2.1.4 Comparative study of two prospective sites is part of the Architect's Basic
Services.
ARTICLE 2..4 CONSTRUCTION DOCUMENTS PHASE
2.4.5 Add: If the Owner decides to proceed with bidding prior to approval by the
government authorities having jurisdiction over the Project, revisions in the
contract documents required by the governmental authorities shall be an
additional service in accordance with Section
3.3.
S
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9 4
6
2.7.1 The Architect shall be responsible for reporting all building deficiencies to the
Contractor for a period of one year from the date of Substantial Completion.
Additionally, the Architect shall monitor the progress of the reported corrections
and furnish the Owner with written notification of completed corrections. The
one-year period shall be extended to portions of work first performed after
Substantial Completion by the period of time between Substantial Completion and
the actual performance of the work. This obligation under this Subparagraph
2.7.1 shall survive acceptance of the work under the Construction Contract.
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ARTICLE 3.3 CONTINGENT ADDITIONAL SERVICES
The following services will be provided to the Owner as part of Basic Services and not as
contingent additional services.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data,
evaluating Contractor's proposals, and providing other services in connection with
Change Orders and Construction Change Directives.
3.3.7 Providing services in evaluating an unusually high number of claims on a project
of this size submitted by the Contractor or others in connection with the work.,
3.3.9 Preparing documents for alternate, separate or sequential bids or providing
services in connection with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.2 Add to the end of paragraph 4.2: Reasonable contingencies shall be determined in
consultation with the Architect as appropriate for the type of project, to pay for
changes which occur during the course of the design and changes in the Work
during construction of the Project for, 1.) revisions requested by the Owner, 2.)
concealed or unknown conditions encountered; and 3.) an allowance for errors
and omissions in the Construction Documents consistent with Paragraph 1.1.4,
but not for errors and omissions resulting from the Architect's negligence or
•
willful misconduct.
4.6 Add to the end of paragraph 4.6....recommendations, including the provision for
a conference to review the Architect's plans and specifications and a letter from
the geotechnical engineers stating that the final plans and specifications have
complied with the intent of the foundation investigation and meet or exceed the
recommendations.
4.6.1 Add to the end of paragraph 4.6.1:.-The Owner will provide Environmental
Studies if required and Construction Testing which may be provided as an
allowance to the General Contractor.
ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND
OTHER DOCUMENTS
6.1 The Architect's drawings, specifications or other documents shall not be used by
the Owner for completion of the Project by others, unless the Architect is
adjudged to be in default under this Agreement; provided however, during the
pendency of any litigation to adjudicate Architect's default hereunder, Owner
shall be permitted, in order to timely complete the Project, to use the Architect's
drawings, specifications and other drawings and authorize other similarly
credential design professionals to reproduce, and where permitted by law, to make
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changes, corrections or additions to such drawings, specifications and other
documents solely for the purpose of completing, using and maintaining the
Project.
6.3 Owner shall be permitted to use the Architect's drawings, specifications and other
documents for future additions to the Project.
ARTICLE 10.2 REIMBURSABLE EXPENSES
10.2.1.1 Revise to read: Expense of out of State travel in connection with the
Project requested by the Owner, (All in-state travel at Architect's
expense); and fees paid for securing approval of authorities having
jurisdiction over the Project.
ARTICLE 12 OTHER CONDITIONS OR SERVICES
Add the following:
12.1 MEDIATION
12.1.1 Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to the institution
of legal proceedings by either party.
12.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other
matters in question between them by mediation in accordance with the
Construction Industry Mediation Rules of the American Arbitration Association
unless the parties mutually agree otherwise.
12.1.3 The parties agree to split the mediator's fee and any filing fees equally. The
mediation shall be held in the place where the Project is located, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
12.2 LITIGATION EXPENSES
12.2.1 In the event the Owner brings an action against the Architect, including a
counterclaim, third-party claim, cross-claim, or a claim for contribution of
indemnification, arising out of the services rendered by or the obligations imposed
on the Architect under this Agreement, or otherwise arising out of this
Agreement, and the owner fails to prevail in such action, the Owner shall
promptly reimburse the Architect or pay for all costs and expenses, including
attorney's fees and expenses of subconsultants incurred by the Architect in
defending such action, whether or not such action is prosecuted to judgment. The
word "prevail" as used in and for purposes of this paragraph shall include the
owner's dismissal of an action for recovery hereunder providing such dismissal in
exchange for payment for the sum(s) allegedly due, performance of obligations or
r covenants allegedly breached or consideration substantially equal to the relief
sought in such actions.
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123 HAZARDOUS MATERIALS
•
12.3.1 The Owner, to the extent permitted by state law, agrees to defend, indemnify and
hold the Architect and its principals, employees, agents and consultants harmless
from any hazardous materials-related claims that may be brought by third parties
as a result of the services provided by others for the investigation of or remedial
work related to hazardous materials in the Project. This paragraph is in addition to
the provisions regarding hazardous materials as contained in paragraph 9.8 hereof.
12.4 LIMIT OF LIABILITY
12.4.1 To the fullest extent permitted by law, and notwithstanding any other provision of
this Agreement, the total liability, in the aggregate of Architect and Architect's
officers, directors, partners, employees, agents and Architect's Consultants, and
any of them, to Owner and anyone claiming by through or under Owner for any
and all claims, losses, costs or damages whatsoever arising out of resulting from
or in any way related to the Project or the Agreement from any cause or causes
including but not limited to the negligence professional errors or omissions, strict
liability or breach of contract or warranty express or implied of Architect or
Architect's officers, directors, partners, employees, agents or Architect's
Consultants or any of them shall not exceed the total compensation received by
Architect under this Agreement.
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12.4.2 To the fullest extent permitted by law, and notwithstanding any other provision in
the Agreement, Architect and Architect's officers, directors, partners, employees,
agents and Architect's Consultants shall not be liable to Owner or anyone
claiming by, through or under owner for any special incidental indirect or
consequential damages whatsoever arising out of, resulting from or in any way
related to the Project or the Agreement from any cause or causes including but not
limited to any such damages caused by the negligence, professional errors or
omissions, strict liability, breach of contract or warranty express or implied of
Architect or Architect's officers, directors, partners, employees, agents of
Architect's Consultants, or any of them.
12.4.3 Subject to and limited by the provisions agreed to by Owner and Architect in
paragraph(s) 12.4.1 and 12.4.2 and to the fullest extent permitted by law,
Architect's total liability to owner and anyone claiming by, through or under
Owner for any claim, cost, loss or damages caused in part by the negligence of
Architect and in part by the negligence of Owner or any other negligent entity or
individual, shall not exceed the percentage share that Architect's negligence bears
to the total negligence of owner, Architect and all other negligent entities and
individuals determined on the basis of comparative negligence principles. Owner
further agrees to hold harmless Architect from and against any such claim, cost,
loss or damages but only to the extent of the percentage share that owner's
a negligence bears to the total negligence of owner, Architect and all other
negligent entities and individuals determined on the basis of comparative
negligence principles. Anything herein to the contrary notwithstanding, Owner's
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liability shall be subject to the limitations set forth in the Torts Claims Act, where
appropriate.
12.5 LIMITATION ON FEES AND SERVICES
12.5.1 Not withstanding anything herein to the contrary, including but not limited to the
provisions relative to termination, suspension or failure to build a portion of the
Project, the Architect's fees, for services rendered through the date the bond issue
is put to a vote of the County citizens or alternative financing is secured, shall be
limited to no more that $50,000. The Architect will bill the County for work
during this period at the rate of $150.00 per hour not to exceed $50,000. If the
Project is built, the fees paid to the Architect for this work shall be credited
against the Basic Compensation to be paid Architect pursuant to Section 11.2.1
hereof. If the Project is not built, the Owner shall pay Architect's invoiced
amounts subject to the limitation set forth above.
END OF ARTICLE 12, OTHER CONDITIONS OR SERVICES
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10/28/1999 13:59 4096900324
PAGE 02/02
Charles H. Ellis, Jr.
Justice of the Peace
Precinct 2 Brazos County
P.O. Box 114 Wellborn, Texas 77881
(409) 690-0136
E-mail Judge2@ftcyber.cota
October 28,1999
Usage Agreement for use of Wellborn Special Utility District Board Room as Courtroom
Based upon the action of the governing board of the Wellborn Special Utility District at their regularly
scheduled meeting on October 26,1999 the following was agreed as to the usage and fees for the use of the
board roots in the Wellborn Special Utility District office building.
1. Usage Fees: a. Jury trials at S 50.00 per session
b. Bench trials at S 25.00 per session.
2. The court agrees to return the arrangement of the room to Its original condition upon completion of any
trials held in the board room.
3. The court will Instruct all participants to park In the Community Center parking lot across the street
from the Wellborn Special Utility District in order to not interfere with the business of the district.
4. The court will further instruct all participants to utilise the side door to the district's building such that
intrusion upon your business activities will be held to a minimttm.
S. A magnetic sign will be obtained to put on the side door during trials to aid In accomplishing the
Instructions of Item 04 above.
Charles H. Ellis, Jr. Step ast
Justice of the Peace, Prec&A 2 Gen al Manager
Wellborn Special Utility District
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JUDGE ERVIN CAIN JP
REAL ESTATE LEASE
This Lease Agreement (this "Lease's is made effective as of November 01, 1999, by and
between P.M. Properties ("Landlord") and Brazos Valley Narcotics Task Force ("Tenant').
The parties agree as follows:
PREMISES. Landlord, In consideration of the lease payments provided In this Lease,
leases to Tenant Office Building and parking lot (the "Premises'l located ate
TERM. The lease term will begin on November 01, 1999, and will terminate on October
31, 2002.00, contingent on the renewal of Tenant's Grant Funding.
This contract is subject to Tenant's receipt of Grant Funding and shall terminate at the
Grant Funding anniversary date without penalty to Tenant, should Grant Funding for the
Brazos Valley Narcotics Task Force be withdrawn. Tenant shall however be obligated to
pay lease until the Grant Funding anniversary date ana give 60 days written notice to
Landlord if Grant Funding is withdrawn.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of $3,450.00 per
i month, payable in advance on the first day of each month, for a total annual lease
payment of $41,400.00. Lease payment Includes $450.00 per month to be used by
Landlord to maintain property Insurance on the Premises. Lease payments shall be
made to the Landlord at 1500 Brookhollow, Bryan, Texas 77802, which may be changed
from time to time by the Landlord.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this
Lease, and shall yield possession to Landlord on the last day of the term of this Lease,
unless otherwise agreed by both parties in writing.
USE OF PREMISES. Tenant may use the Premises only as Professional offices. The
Premises may be used for any other purpose only with the prior written consent of
Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any
anticipated extended absence from the Premises not later than the first day of the
extended absence.
PROPERTY INSURANCE. Landlord shall maintain casualty Insurance on the Premises In
an amount equal to $250,000.00. Landlord shall be named as an insured in such
policies.
DEFAULTS. Tenant shall be in default of this lease if Tenant fails to fulfill any lease
obligation or term by which Tenant Is bound. Subject to any governing provisions of law
to the contrary, if Tenant fails to cure any financial obligation within 10 days (or any
other obligation within 10 days) after written notice of such default Is provided by
Landlord to Tenant, Landlord may take possession of the Premises without further
notice (to the extent permitted by law), and without prejudicing Landlord's rights to
damages. In the alternative, Landlord may elect to cure any default and the cost of
Initials
such action shall be added to Tenant's financial obligations under this Lease. Tenant
shall pay all costs, damages, and expenses (including reasonable attorney fees and
expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or
• charges required to be paid by Tenant under this lease shall be additional rent, whether
or not such sums or charges are designated as "additional rent".
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in
writing and forwarded by mail, postage prepaid, addressed as follows:
LANDLORD:
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Name: P.M. Properties
Address: 1500 Brookhollow
Bryan, TX 77802
TENANT: Brazos Valley Narcotics Task Force
P.O. Box 631
Bryan, TX 77806-0631,
Such addresses may be changed from time to time by either party by providing notice
as set forth above.
ENTIRE AGREEMENT / AMENDMENT. This lease Agreement contains the entire
agreement of the parties and there are no other promises or conditions In any other
agreement whether oral or written. This lease may be modified or amended In writing if
the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a
court finds that any provision of this Lease Is invalid or unenforceable, but that by
limiting such provision, it would become valid and enforceable, then such provision shall
be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either parry to enforce any provisions of this Lease shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Lease.
CUMULATIVE RIGHTS. The rights of the parties under this lease are cumulative, and
shall not be construed as exclusive unless otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the
State of Texas.
LATE PAYMENTS. Tenant shall pay a late fee equal to $30.00 per day, beginning the
day after the due date for each payment that is not paid within 10 days after Its due
date.
Initials
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HOLDOVER. If Tenant maintains possession of the Premises for any period after the
termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord a lease
payment for the Holdover Period equal to the amount set forth in the following Lease
Payments paragraph. Such holdover shall constitute a month to month extension of this
Lease.
NON-SUFFICIENT FUNDS. Tenant shall be charges $25.00 for each check that is
returned to Landlord for lack of sufficient funds.
MAINTENANCE. Tenant shall have the responsibility to maintain the Premises in good
repair at all times.
LIABILITY INSURANCE. Tenant shall maintain liability insurance in a total aggregate
sum of at least $300,000.00. Tenant shall deliver appropriate evidence to Landlord of
proof that adequate insurance is in force. Landlord shall have the right to require that
the Landlord receive notice of any termination of such insurance policies.
TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated
as follows:
REAL ESTATE TAXES. Tenant shall pay all real estate taxes and assessments for
the Premises.
PERSONAL TAXES. Tenant shall pay all personal taxes and any other charges
which may be levied against the Premises and which are attributable to tenant's
use of the Premises, along with all sales and/or use taxes (if and) that may be
due in connection with lease payments.
REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation to
conduct any construction or remodeling (at Tenant's expense) that may be required to
use the Premises as specified above. Tenant may also construct such fixtures on the
Premises (at Tenant' expense) that appropriately facilitate its use for such purposes.
Such construction shall be undertaken and such fixtures may be erected only with the
prior written consent of the Landlord, which shall not be unreasonably withheld. At the
time of the lease term, Tenant shall be entitled to remove (or at the request of Landlord
shall remove) such fixtures, and shall restore the Premises to substantially the same
condition of the Premises at the commencement of this Lease.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be
unreasonably withheld), Landlord shall have the right to enter the Premises and make
inspections, provide necessary services, or show the unit to prospective buyers,
mortgagees, tenants or workers. As provided by law, In the case of an emergency,
Landlord may enter the Premises without Tenant's consent.
INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant
agrees to Indemnify, hold harmless, and defend Landlord from and against any and all
losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which
Landlord may suffer or incur in connection with Tenant's use or misuse of the Premises.
Initials
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r ARBri-RATION. Any controversy or claim relating to this contract, including the
construction or application of this contract, will be settled by binding arbitration under
•
•
the rules of the American Arbitration Association, and any judgement granted by the
arbitrator(s) may be enforced in any court of proper jurisdiction.
ASSIGNABILITY / SUBLETTING. Tenant may not assign or sublease any interest in the
Premises, nor affect a change In the majority ownership of the Tenant (from the
ownership existing at the inception of this lease), without the prior written consent of
Landlord, which shall not be unreasonably withheld.
LANDLORD:
P.M. Propertie
P. roperti s
TENANT:
Brazos Valley Narcotics Task Force
Edgar Feldman, Chief of Police, College Station Police Dept.
Project Director
Ao ri Reyno ds, Brazos County Auditor
oject Financial Director
C~el~
Judge Arvin W. Jones, Brazos County Judge
Project Authorized Official
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: November 2. 1999
ITEM: Permission to enter Delana Jackson's-property located off Elmo Weedon Road
for the purpose of restoring excavation site (remove dam between old tank and new
tank) where county obtained fill dirt for road contraction Signed permission form is
attached. Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
1. NOTES/EXCEPTIONS:
II. ACTION REQUESTED OR ALTERNATIVES:
I:
SUB D BY: APPR ZBY-
i F. Vance, P.E. Commissions andy Sims
County Engineer Precinct 3
CC99-101
Approvedff&nied❑ by Commissioners' Court
Date: 11- z- ql
Alvin W. Jones, unty Judge
4
150
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
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Date I. LAND OWNER AND ADDRESS_ e •l z..i
II. LOCATION OF WORK
III DESCRIPTION OF WORK •TO BE DONE
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IV. MAINTENANCE YES, NO ✓
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
_(Owner will
be ified prior to maintenance)
Ric eia~.ance, P.E. Engineer Aide/Foreman/Right of Way Agent
County Engineer
Owner's Signature: •1/1/-Ir11>511 DATE
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56 010
DATE OF COURT MEETING: November 2. 1999
ITEM: Permission to enter property of Diebel Family Partners. Ltd. located off Mumford
goad for the purpose of clearing a channel for erosion control and constructing a new
water gap. Signed permission form is attached, Site is located in Precinct 4.
SOURCE OF FUNDS: N/A
1. NOTES/EXCEPTIONS:
II. ACTION REQUESTED OR ALTERNATIVES:
r
SUBMITTED BY: APPROVED BY:
1"•c( -d),
Richard F. Vance, P.E. Commission Carey Caule
County Engineer Precinct 4
CC99-103
ApprovedM/DeniedO by Commissioners' Court
Date: i t - Z- y 4
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Alvin W. Jones, C my Judge
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
AMn W Jonas
County Judge
Tony Jones \ 0 F
Con nssioner Pd 1 J` A 99
Wiliam S Thornton O ~Y
Conrrwssioner Pci 2
Randy Sims °o
Conmssa r PO 7 4 aRIDGIL
Carey Cauley
Comwn4s4r er Pd 4
Date 10-11-99
1. LANDOWNER AND ADDRESS Diebel Family Partners, Ltd.
#9 Oak Forrest Circle, Denton, Texas 76205
11. LOCATION OF WORK Mumford Road
111. DESCRIPTION OF WORK TO BE DONE Permission to enter property
at culvert location for the purpose of clearing channel for erosion control
and construction of new water gap.
IV. MAINTENANCE YES x NO _
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE as needed
(Owner will
be noti prior to intenance)
Richard . an .E. ~wgMeerl4i le/G ea;Rlg o Way Agent
Countl(Tifigine(W
Owner's Signature: . kU0 n ,
~ DATE
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