meat; therefore by motion duly made by Molter, aecondad by Goff and unanimously approved by• 'court, that acid deputation should be approved upon the taking of required oath, and same to coatlnna~tp•effect until revoked by said officer or be otherwise terminated. u -o-o-o-o-o- ' I NO. 5548, COURT RECESSED MONDAY MARCA 10, p. D. 1952 AT 6:00 O'CLOCK P. M. UNTIL TUESDAY, MARCH 11, 1952 AT lOsaO O'CLOCK A. M. FOR ANY MATTERS THAT MAY BE PRESENTED TO THE ~~ COURT. ~,I ~, -o-o-o-o-o- ~ ~, No. $549. COURT RECONVENED TUESDAY, MARCH 11TH, A. D. 1952 AT 10:00 O'CLOCK A. M. Pursuant to adjournment taken by this court on Monday, Maroh'10, A. D. 1952, at 6:00 ~ o'clock P. M., the following officers were present to-wits ~ Honorable John R. Leavell..........Covnty Judge i ' ~ Henry Eckstein .....................Commissioner Precinct A~1 ~'' ~, h Yc D. Powell .......................Commissioner Precinct ~2 '' Chas. H. Molter ....................Commissioner Precinct ~3 ~ Lee Goff ...........................Commissioner Precinct fPt i ' i Earl Garrett .......................Sheriff sad '~ Lawrence Stephens ..................County Clerk ''and the court having reconvened, the following matters were had to-wits -o-o-o-o-o-o- '~ No, 5550. AGREEMENT WITH GEORGE L. DAHL FOR PRELIMINARIES FOR DAM SITES ON THB GUADALUPE RIVER This the 11th day of March, A. D. 1952, after motion having been duly made by Powell, sec- Il~onded by Goff and unanimously approved by the court, that the Commissioners Court enter into a ~,, ~, contract with George L. Dahl, Architects and Engineers for professional services, a copy of the !'agreement entered as follows, to-wit: This Agreement, made the 11th day of March in the year Nineteen Hundred and Fifty-Two by ~~~'and between Kerr County, Texas, represented bq Sts Judge and its Commissioners Court, herein- ] ~, after called OWNER and George L. Dahl Architects d Engineers, Dallas, Texas, hereinafter called ~, it ENGINEER, ', Witnesseth, that whereas the Owner intends to construct a series of concrete dams on the i! ~ (Guadalupe River within Kerr County, Texas, hereinafter called the WORR, h ~. Now, therefore, the Owner and the Engineer, for the considerations hereinafter named, i8gT8B 83 fOllOWai ' ~ The Engineer agrees to perform, for the above named Work, professional services as here r I !,after set forth. ~i ' The Owner agrees to pay the Engineer forsueh~services, a fee based on the cost of con- ~, ":traction as follows: ~f ~', S~st of Construction ~ Haeia Minimum Fee (A) i' 3 $0,000 - X100,000 7,04 ~' 1~,~-- z5o,DDO e.54 ~ ;. z5o,oo0 - 500,000 6.04 j ~ The breakdown of this schedule as applying to the various percentages for the different ~ !!coat classifications shall be as followsi (All in percentages of the total fees) ~i Preliminary Estimates and Preliminary~Reports 104 f Detailed Plans and Specifications 604 L ti General aupervisiaa 304 ~I i Basic Minimum. Fee 100 Parties further agree to the following conditlonsz , 1. The Engineer's Services - The Engineer's professional services consist of the , the preparation of preliminary estimates and preliminary reports, complete plans and specifications and dotal led estimates of costs, general supervlsion of cons~truct- , including lines and grades surveys, preparation of monthly and final estimates for coat- 's payments. The schedule of fees does not include property, boundary or right-of~•way ys, shop, mill or laboratory inspection of materials, cost of test Aorings and other sub- t explorations, or calculation of special assessments. These latter services shall be furnished by the Owner or, at the Owper's choice, may be provided by the Engineer at actual cos it "General Supervision" is defined as supervision of the construction by periodic visits by ~Ithe Engineer or his representative from the office of the Engineer. .~ "Resident Engineer" is defined as the representative of tbe-Engineer who has responsible ~j~charge of the construction work and spends a substantial part of time on the work. When authorised by the Owner, the Engineer shall furnish all necessary resident supervlsion ~~but the Owner shall pay, in addition to the basic minimum fees, the actual payroll cost and pay ~~~roll taxes of such resident supervision as may be required. Should the Engineer be required to render additional service because of changes beyor:d his jcontrol, then the Engineer shall be compensated for such additional services on a basis to be mutually agreed upon between the Engineer and the Owner. i~ The Hasic Fee includes the furnishing of eight (8) copies of reports, plans and speci.flc- ations (on paper). Additional copies shall be furnished to the Owner at coat. . Definition of Cost of the Work - The cost of the work, as herein referred to, means the '~. ~~cost to the Owner, but such cost shall not include any Enginasra' or Special Consultants' fees ~'or reimbursements or the cost of a Resident Engineer. i' ~. Ownership of Documents - original Drawings, original documents, original survey notes, Illoriginal tracings and original speclficatl ons as instruments of service are the property of the ~~;Engineer whether the work for which they are made be execut~d,.or note, and are not to be used ',ion other work except by agreement with the Engineer. Successors and Assigns - The Owner and the Engineer, each binds himself, his partners, sors, legal representatives, and assigns to the other party to this agreement,, and to the rs, successors legal representatives and assigns of such other party in respect of all of this agreement. Except as above, neither the Owner, nor the Engineer, shall assign, sub-let or transfer his t in this agreement without the written consent of the other. The Owner and the Engineer hereby agree to the full performance of the covaaants contained IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. COUNTY JUDGE Jno. R. Leavell COMMISSIONEAS Henry Eckstein V. D. Powell Chas H. Molter ,,, Lee Goff ENGINEER Geo. L Dahl I~TTEST: Iawrence Stephens County Clerk, and ex officio ~I Clerk of Commissioners Court Berr County, Texas COUNTY COURT SEAL) -o-o-o-o-o- 5551• METHOD FOA PAYMENT ,OF THE JURY OF VIEW IN CAUSE //5395, IN THE MATTERS ~' CHARLgS R, RODGERS, ET AL, y This the 11th day of Marche A. D. 1952, came on to be considered by the court, the amount