COURT ADJOURNED July 28th, 1977 at 11:00 o'clock A. M. o-o-o-o-o-o-o-o-o-o COMMISSIONERS' COURT CONVENED IN SPECIAL SESSION August 2, 1977 at 10:15 o'clock A. M., with the following officers present: Julius R. Neunhoffer County Judge Clinton M. Sallee Commissioner Precinct No. 2 Victor Lich Commissioner Precinct No. 3 and the Court having duly opened, the following proceedings were had: NO. 13062 ACCEPTANCE OF BID OF COX PAVING COMPANY FOR PAVING IN KERB COUNTY PRECINCTS NOS. 1, 2 and 3 On this the 2nd day of August 1977, upon motion made by Commissioner Sallee, seconded by Commissioner Lich, the Court unanimously approved that the Bid of Cox Paving Company be accepted for Paving in Rerr County Commissioners' Precincts Nos. 1, 2 and 3, as follows: Cox Paving Co. to furnish, heat, haul and apply asphalt. Apply aggregate to be furnished the County. All work performed according to Texas Highway standards. Asphalt - $0.55 per gal. Aggregate - $5.50 per cubic yard o-o-o-o-o-o-o-o-o-o COURT ADJOURNED AUGUST 2, 1977 at 10:35 o'clock A. M. o-o-o-o-o-o-o-o-o-o THE AMERICAN 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 28th day of July in the year of Nineteen Hundred and Seventy-seven. BET6~TEEN the Owner: Kerr County and the Contractor: Roy McGinnis & Company, Inc. 4747 Dodge San Antonio, Texas 78217 the Project: Restoration & Remodeling of Kerr County Courthouse the Architect: LESTER B. WHITTON ASSOCIATES The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawing, 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 The Contractor shall perform all the Work required by the Contract Documents for 1 (Here insert the caption descriptive of the Work as used on other Contract Documents.) Restoration & Remodeling of Kerr County Courthouse Contract awarded on base bid. No alternates accepted. ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION 2 The Work to be performed under this Contract shall be commenced on or before August 8, 1977 and completed within one hundred fifty (150) 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 one hundred ($100.00) dollars per day will be deducted from the monies due the contractor as liquidated damages. ARTICLE 4 CONTRAC'P 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 One hundred thirty-thousand three-hundred and thirty ($130,330.00) dollars. (State here the lump sum amount, unit prices, or both, as desired.) ARTICLE 5 PROGRESS PAYMENTS 3 based upon Applications for Payment submitted to the Architect by the Contractor and Certi- ficates 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 (7tY~ 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 an 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 (90) 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 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 20 June 1977 prepared by LESTER B. WHITTON ASSOCIATES, consisting of: Architectural: Sheets 1 through 3. Mechanical & Electrical: Sheets ME-1 through ME-3. Specifications: All dated 20 June 1977 prepared by LESTER B. WfiITTON ASSOCIATES, including the General Conditions of the Contract for Construction, AIA Document A201 April 1970 Edition, Addendum No. 1 dated 11 July 1977 and Addendum No. 2 dated 19 July 1977. This Agreement executed the day and year first written above. OWNER Kerr County CONTRACTOR Roy McGinnis & Company, Inc. By /s/ Julius R. Neunhoffer By /s/ Roy E. McGinnis Title Pres. 4 Title County Judge Filed 3rd day of Aug. A. D. 1977 at 11:30 A. M. EMMIE M. MUENKER Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer Deputy o-o-o-o-o-o-o-o-o-o TEXAS STATUTORY PERFORMANCE BOND - Filed but not recorded - in regard to contract above. TEXAS STATUTORY PAYMENT BOND - Filed but not recorded - in regard to contract above. o-o-o-o-o-o-o-o-o-o The foregoing minutes from page 241 thru256 were read in open Court and found correct and are hereby approved this 8th day of August 1977. ~~ ~ \ ATTEST : .,~h~yl~i! ~/ %% ./i~~ ~ - f' '~ ._ -_ ~C , ~~f1I ~~ ~ 1~~.0 ~ -~ a Ji ~ ~~~ ~ „~' bounty Clerk, Ker CY ounty; Texas ~`, unty Judge, Kerr Count,., exa o-o-o-o-o-o-o-o=oho / e. i