4(-9 ~' NO. 13545 OFFER TO THE CITY OF KERRVILLE FOR RIGHT OF WAY FOR LOOP 534 "- On this the 19th day of December, 1978 came on to be heard and considered by the Court the matter of compensation to be paid The City of Kerrville as compensation for its conveyance to the State of Texas of a parcel of land outside the corporate limits of the City of Kerrville required for right of way for the construction of Loop 534, which land comprises 0.792 acre of land out of Survey No. 112, Samuel Wallace, and is designated as Parcel No. 12 of said right of way; and it appearing to the Court that an agreed amount of compensation has been arrived at, it is ordered on motion by Commissioner Stone, seconded by Commissioner Sallee and unanimously approved by the Court that Kerr County offer to pay The City of Kerrville the sum of $1,965.00 as compensation for land and damages for the City's convey~ince to the State of Texas of Parcel 12 as aforesaid; and it is further ordered that on approval for filing by the State Department of Highways and Public Transportation of the City of Kerrville's right of way deed, and on final title approval, a voucher shall be drawn in the amount of $1,965.00 on the Loop 534 Right of Way Fund, payable to The City of Kerrville. o-o-o-o-o-o-o-o-o-o NO. 13546 APPROVAL OF PLAT OF MOUNTAIN TOP ESTATES On this the 19th day of December 1978, upon motion made by Commissioner Stone, seconded by Commissioner Sallee, the Court unanimously approved the Plat of Mountain Top Estates. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED DECEMBER 19th, 1978 at 10:20 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 14th day of December in the year of Nineteen Hundred and Seventy-eight BETWEEN the Owner: Kerr County, Texas and the Contractor: Blanchard Associates, Inc. the Project: Renovate Ground Floor at Kerr County Courthouse 'the Architect: Lester B. L9hitton Associates 1 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), 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. 4i0 ARTICLE 2 THE WORK 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.) Renovate Ground Floor Kerr County Courthouse. 31RTTf T.F "2 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced on or before January 1, 1979. and completed by May 1, 1979. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Liquidated damages apply as specified on Page 8 of Specifications. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Vdork, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current 2 funds, the Contract Sum of Fifty-nine Thousand Two-hundred and Ninety-one Dollars ($59,291.00). (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 Certifi- cates for Payment issued by the Architect, the Owner shall make progress payments on account o£ the Contract Sum to the Contractor as provided in the Conditions of the Contract as follows: On or about the 5th day of each month 90 per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and 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 5 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 Y1ork, a sum sufficient to increase the total payments to 100 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 b4ork reaches a certain stage of completion). None. 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 30 days after Substantial Completion of the Work unless other- wise stipulated in the Certificate of Substantial Completion, provided the LVork 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 3 have the meanings designated in those Conditions. 41.1. - ._ _ ___ . - - --- - - „ ~~ 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for D4odifications 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). ' This agreement. i I Drawings: Sheets A-l, A-2, ME-1, ME-2, ME-3, ME-4 dated October 11, 1978. Specifications: Pages 1 through 33 dated October 11, 1978. Addendum No. 1: Items 1 through 4 dated October 27, 1973. Addendum No. 2: Items 1 through 3 dated November 15, 1978. Addendum No. 3: Items 1 through 8 dated December 13, 1978. All as prepared by Lester B. 64hitton Associates. This Agreement executed the day and year first written above. OWNER Kerr County, Texas CONTRACTOR Blanchard Associates, Inc. /s/ Julius R. Neunhoffer /s/ Leo Blanchard, Jr. /t/ Judge Julius R. Neunhoffer /t/ Leo Blanchard 4 Filed 19th day of Dec. 1978 at 10:35 o'clock 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 The foregoing minutes from page 400 thru 411 were read in open Court and found correct and are hereby approved this 28th day of December 1978. ATTEST: (~~ ~ J ~'~'.%~ //i'.«c : ' / ~ ` << qr'f '. ounty C erk, Rerr County, 'le s ~ o my Jud e, 'err County, e~ o-o-o-o-o-o-o-o-o-o ~ '~`