2' ~~ I! Nos, 8 and 8(E) has been arrived at, it is ordered on motion by Commissioner Lich, seconded 'I by Commissioner Sallee, and unanimously approved by the Court that Kerr County offer to pay Morris K. Holekamp and wife, Gertrude B. Holekamp, the sum of $9,692.00 as compensation for land and damages, including fencing coats, for their conveyance to the State of Texas of a parcel of land comprising 7.542 acres out of G. F. Holekamp Survey No. 461 and L. Freeman Survey No. 376 together with a channel easement comprising 0.086 acres out of Survey No. 461, which parcel consists of 3.282 acres of new right of way and 4.260 acres situated within the existing County roadway, with payment being made upon their delivery to Kerr County of their properly executed right of way deed together with a partial release of an outstanding lien by , The Federal Land Bank of Houston; and it is further ordered that the Clerk and the Treasurer be authorized to draw a voucher on the F. M. 1341 right of way fund in the amount of $9,692.00 payable to Morris K. Holekamp and wife, Gertrude B. Holekamp and The Federal Land Bank of Houston, which voucher shall be delivered upon the delivery oŁ their executed right of way ~~ deed and partial release of lien as aforesaid. ..- o-o-o-o-o-o-o-o-o-o COURT ADJOURNED MARCH 8, 1977 at 3:20 o'clock P. M. o-o-o-o-o-o-o-o-o-o-o-o THE AMERZCAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this tenth (10th) day of March in the year of Nineteen Hundred and Seventy Seven (77). BETWEEN the Owner: Kerr County, Texas and the Contzactor: C. A. Logeman, Inc., Post Office Box 37385, 5642 Monterey Street, San Antonio, Texas 78237 the Project: Construction of Kerr County Correction/Detention Facility within the Annex to Kerr County Courthouse. EDA Project No. 08-51-00990. the Architect: A. B. Swank, FAIR and Lester B. Whitton, PE Architect and Engineer The Owner and the Contractor agree as set forth below. 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK P~- f; The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Kerr County Correction/Detention Facility within the Annex to Kerr County Courthouse. ARTICLE 3 TIME OF AND COMPLETION The work to be performed under this Contract shall be commenced on or before March 21, 1977 and completed within two hundred forty (240) consecutive calendar days. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) For each calendar day the work remains uncompleted beyond this date, or the increased time granted by the Owner, the sum of Two Hundred Dollars (5200.00) per day will be deducted from the monies due the Contractor as liquidated damages. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of Five Hundred Eighty One Thousand Eight Hundred ($581,800.00) Dollars. (State here the lump sum amount, unit prices, or both, as desired.) ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Conditions of the Contract as follows: On or about the seventh (7th) day of each month ninety (90) per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety (90) per cent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to three (3) days prior to the date on which the Application for Payment is submitted, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety five (95) per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty (30) days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 d. 2 3 f i ~uy d MISCELLANEOUS PROVISIONS ~(~ 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) Drawings: All with issue date of 3 February, 1977 prepared by A. B. Swank FAIR and Lester B. Whitton, PE, Architect and Engineer, consisting of: Architectual: Sheets 1 through 7, 12 through 14, 16 through 18, and 20. Structual: Sheets S-5. Mechanical: Sheets ME-1, M-2 through M-5, M-7 and M-8. Electrical: Sheets E-2, E-4, through E-6. Specifications: All dated 3 February, 1977 prepared by A. B. Swank, FA LA and Lester B. Whittog, PE, Architect and Engineer, including the general conditions of the contract for construction, ALA Document A201 April, 1970 Edition and 4 Addendum No. 1, dated 2 March, 1977 consisting of pages 1 through 3 in- clusive with accompanying 1 and 2 dated 13 January, 1977 indicating required,. minimum wage scale and sheets 3 through 5 indicating required minimum wage scales. Also, sheet showing root gas piping plan dated 2 March, 1977. This Agreement executed the day and year first written above. OWNER KERB COUNTY By: /s/ Julius R. Neunhoffer CONTRACTOR C. A. Logeman, Inc. By: /s/ C. A. Logeman Title: County Judge ATTEST: /s/ Emmie M. Muenker (Seal) County Clerk Title: President Filed 10 day of March A. D. 1977 Time 1:55 P. M. Js/ Emmie M. Muenker Clerk County Court, Kerr County, Texas o-o-o-o-o-o-o-o-o-o EDA Project Number 08-51-00990 Certification of Bidder Regarding Equal Employment Opportunity Form ED-119 - Filed but not recorded. Performance Bond - The Aetna Casualty and Surety Company - C. A. Logeman, Inc. - Filed but not recorded. o-o-o-o-o-o-o-o-o-o The foregoing minutes from pages 195 thru 207 were read in open Court and found correct and are hereby approved this 14th day of March 1977. ~_, ATTEST:{ ~~i%~/~///.~ /~:- :/~~=r.°~~,-˘' ~ County Clerk, er ouC~nty, Texas ~~, my