Ak--'f fil~VAl. Uk• AWAEIC~INLi kills :.~N RAtyC,k{t:kU I~UAC.~ I.;UN'_-~ CKUL'l lUN C!_l k.liMUNll JE:N.~I~Hhl:, INr~. Un r t;i~ the 1Sth day i~2 July, upi,r, mutton m,~d~ by :_~~nifil18.=10nE'I- Morgan, aeCl'!I~~IjE'tf t)y L.om(nlutSlORE'1' LaCi;~?y, t.ht° =~ ~i~r T unanimously approved by a vot• of 3-1-0, to a:_~~epr_ the oid ~~i ~'!3,'jt3~. v9~ from Eijround Jenschke, Inc. rur- this ~~c~n~tructli~n ,:~i f~an:~hero koai~. BID PROPOSAL Project: RANCHERO DRIVE RECONSTRUCTION Owner: KERR COUNTY, TEXAS Bid Opening: 9:00 A.M. Thursday July 18, 1991 Item Description of Work Unit Quantity Unit Amount No. Bid Price 1 ~~ c Cf ~ ~ ~~ 1 Excavation & Subrade Preparation S.Y. 9,000 $ $ , . 2 8" Compacted Flexible Base S.Y. 8,000 1~ ~- $ ~ 47 `) $~ ~ ~ ~~ `-` 3 One Course Surface Treatment S.Y. 7,000 ~%~ J_ ~, $ ~ ~ L~~ " 000 6 ~ $ ~ --~ //~ °--- $ /s, + G' 4 Hot-Mix Asphalt Pavement 1 S.Y. , , ~ 5 Pavement Marking ~ ~ ~. QQ 0~ ~ ~ ' (Reflectorized Paint) L.S. 1 $ ~ $ J~ l' ~ ~ G~~ ~J n U 6 Remove ~ Replace Pipe Culvert Each 8 T /~~ $ $ ~7 I~ ~ . TOTAL BID AMOUNT -~ c?cJ $ ~~ Cat Any work not specifically provided for in this Bid Proposal and necessary to totally complete the work shall not be paid for directly, but shall be considered incidental to other related items of work and the cost thereof shall be included in the unit prices bid therefor. I, or we, having examined the construction drawings and visited the site of work, and being familiar with all of the conditions surrounding the construction of the proposed improvements including the availability of materials and labor, hereby propose to furnish all labor, materials, tools, equipment and superintendance necessary to complete the work in strict accordance with the BID DOCUMENTS. It is understood and agreed that the above quantities may be varied in any amount at the option of the OWNER at the above unit prices without renegotiation thereof, in accordance with paragraph "5.02 ESTIMATED QUANTITIES" of the General Conditions in the Construction Specifications. I, or we, agree to begin the work within five (5) calendar ays after receipt of a written notice to proceed and to fully complete the work in ~~ ~t,.•%`~y -L~~'~- (~f~ ) calendar days. Each day the CONTRACTOR cannot work due to inclement weather will be allowed as a basis for extensioc - - - ' ' `'ze work, if verified in writing by the ENGINEER. Fir'. By: Tit Dat .~~~ ~. BID PROPOSAL Project: RANCHERO DRIVE RECONSTRUCTION Owner: KERR COUNTY, TEXAS Bid Opening: 9:00 A.M. Thursday July 18, 1991 Item Description of Work Unit Quantity Unit Amount No. Bid Price 37 ~'~ ._~ -~ ., o~ L'v ~ 1 Excavation & Subrade Preparation S.Y. 9,000 $ $ ~ ~ ,, 2 8" Compacted Flexible Base S.Y. 8,000 $ ~ ~ $ ~~' .~ 7 ~~l%~ 3 One Course Surface Treatment S.Y. 7,000 $ e~~" $ ~ v ~ ~~ 4 1" Hot-Mix Asphalt Pavement S.Y. 6,000 $ ~j~i ~ $ / ~ ~. I~ ~!~ ~~- 5 Pavement Marking 1 ~ ~ $ / ff d'~ ~~ (Reflectorized Paint) L.S. $ r / ~~ 6 Remove & Replace Pipe Culvert Each 8 $ ~/ l.~ p ,,~ $ ~ v~ .s TO A ID AMOUNT $ G~ ~/ v~ ~~ / O ~ T L B Any work not specifically provided for in this Bid Proposal and necessary to totally complete the work shall not be paid for directly, but shall be considered incidental to other related items of work and the cost thereof shall be included~in the unit prices bid therefor. I, or we, having examined the construction drawings and visited the site of work, and being familiar with all of the conditions surrounding the construction of the proposed improvements including the availability of materials and labor, hereby propose to furnish all labor, materials, tools, equipment and superintendance necessary to complete the work in strict accordance with the BID DOCUMENTS. It is understood and agreed that the above quantities may be varied in any amount at the option of the OWNER at the above unit prices without renegotiation thereof, in accordance with paragraph "5.02 ESTIMATED QUANTITIES" of the General Conditions in the Construction Specifications. I, or we, agree to begin the work within five (5) calendar days after receipt of a wr tten notice to proceed and to fully complete the work in c:. ,,~''~ l- , ~~~, ( ~.~) calendar days. Each day the CONTRACTOR cannot work due o incliment weather will be allowed as a basis for extension of the time for completion of the work, if verified in writing by the ENGINEER. Firm: ~ ~ , TiT/~._i L ,.~ ~-~. L By: .~ Title: ~ --7 Date: / ~ BONG N0. EJI-507 BiD BOND KNOW ALL MEN BY THESE PRESENTS: That we, EDMUND JENSCHKE, INC. as Principal Chereinafter called the "Principal), and EAGLE INSURANCE COMPANY, a corporation organized in San Antonio, Texas, as Surety (hereinafter called the "Surety"), are held and firmly bound unto. KERR COUNTY, TEXAS as Obligee, thereinafter called the "Obligee", in the sum of 10% NOT TO EXCEED:$8,000.00 for the payment of which sum well and truly be made, the said Principal and the said Surety bind ourselves, our heirs, and our executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has submitted a bid for RANCHERO DRIVE RECONSTRUCTION NOW. THEREFORE, tf the Obligee shall accept the bid of the Principal and the Principal shall enter into contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void otherwise to remain in full force and effect. Signed and sealed this 16th day of JULY g91 ~~ witness ~ ~ ~~--~S e a I ) Si nature Principal l,~' ~~• Title EAGLE INSURANCE COMPANY By: Surety To be attached to Bond No. EJI-507 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company, a company domiciled in Texas, having its principal office in San Antonio,Texas pursuant to the following resolution, adopted by the Board of Directors of the said Company on April 27, 1987 to wit: "The Chairman, Managing director or Secretary shall have authority, severally, to make, execute, and deliver a power of attorney constituting as Attorneys-in-fact such persons, firms or corporations as such officers may select from time to time." THEREFORE, the undersigned hereby make, constitute and appoint Waymond Lightfoot its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf and as its act and deed as follows: Limited on behalf or the Company to the sum USS500,000 in its business and in accordance with its charter, to bird Eagle Insurance Company thereby, ar.d all of the act of said Attorney-in-fact, pursuant to these presents are hereby ratified and confirmed. In Witness Whereof, Eacle Insurance Company has caused these presents to be signed by its Chairman, Director or Secretary and its Corporate Seal to be hereto affixed. EAGLE INSURANCE COMPANY --~"`~ airman/Managing Director/ Secretary CERTIFICATE I, the undersigned, Secretary/Director of Eagle Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of authority remain in full force and has not been revoked; and, furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate o° Authority, is now in force. Signed and sealed at San Antonio, Texas this _ 16th day of JULY 19 91. ,~ ~ . ~~ e r taffy/Direct THIS IS CERTIFICATE N0: PAB FOR POWER OF ATTORNEY V~I~~~L~ ~~L~J~[~G3~G~~ rz~ r2,pDG;;~~~~c~7GGG 212 CIAY STREET %ER RVILLE, TE%a5 X8028, St 2.251-J]t] July 30, 1991 Patricia Dye, County Clerk Kerr County, Texas Re: RANCHERO DRIVE RECONSTRUCTION Attached hereto are original, completed documents for the above referenced project as follows: - Agreement - Performance Bond - Power of Attorney - Payment Bond - Certificate of Insurance - Written Notice to Proceed If there are any other requirements for the construction to begin, please notify me as soon as possible. Thanks. ~~ D. R. Voelkel Project Engineer copy: Gordon Morgan, Commissioner Franklin Johnston, County Engineer Len Odom, County Road Administrator ~I~d~C~d ~a~~~~ ~ ~~ 3~3 CUY STREET. ItEPRYILLE TExwS )8028, 51135)-3J10 July 30, 1991 Edmund Yenschke, Inc. Interstate 10 Kerrville, Texas 78028 Project: RANCHERO DRIVE RECONSTRUCTION FOR KERB COUNTY Re: Written Notice to Proceed A copy of the completed AGREEMENT is attached with copies of the Performance and Payment Bonds, Power of Attorney and Certificate of Insurance. In accordance with the contract documents, this is your written notice to proceed with the work. You are to commence work within five (5) calendar days after the date of this written notice and complete the work within forty-five (45) calendar days. I, as Project Engineer, will provide you with construction controls and on the ground inspection. As representatives of the County, Franklin Johnston, County Engineer, and Len Odom, County Road Administrator, will coordinate the work for the County. If you keep me aware of the schedules for construction, I will contact the others. Thanks. D. R. Voelkel Project Engineer cc: Gordon Morgan, Commissioner mat Dye, Kerr County Clerk Franklin Johnston, County Engineer Len Odom, County Road Administrator P1l D . Tws ~ ~ AGREEMENT STATE OF TEXAS ) COUNTY OF KERB ) KNOW ALL MEN BY THESE PRESENTS: That on the 25th day of July, 1991, the Kerr County Commissioners Court, by Court Order No. 20415, accepted the Bid Proposal of Edmund Jenschke, Inc., for the reconstruction of part of Ranchero Drive. THIS AGREEMENT, is made and entered into by and between KERB COUNTY COIrIIYIISIONERS COURT of the County of Kerr and State of Texas, acting through its Judge, W. G. Stacy, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and EDMUND JENSCHKE, INC., of the City of Kerrville, County of Kerr and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the surety bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the reconstruction of a part of RANCHERO DRIVE IN THE KERRVILLE SOUTH VICINITY, KERB COUNTY, TEXAS, including excavation and subgrade preparation, 8" flexible base, prime coat, one course surface treatment, 1" hot-mix asphalt pavement, pavement marking, the removal of existing pipe culverts and replacement with corrugated metal pipe arch furnished by the OWNER, and all other work provided by the BID DOCUMENTS, hereinafter called the project, for the sum of SEVENTY THREE THOUSAND NINE HUNDRED EIGHTY AND NO/100THS DOLLARS ($73,980.00), more or less as provided in the Contract Documents, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid Proposal attached hereto, and in accordance with the Contract Documents prepared by D. R. VOELKEL, d.b.a. VOELKEL ENGINEERING AND SURVEYING, 212 CLAY STREET, KERRVILLE, TEXAS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Bid Proposal, the signed Agreement and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within five (5) calendar days after the date written notice to do so shall have been given to him, and to substantially complete the same within forty five (45) calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the Contract Documents. A-1 THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the BID PROPOSAL, which forms a part of this Agreement, such payments to be subject to the Contract Documents. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this 30th day of July, 1991. KERB COUNTY COMMISIONERS COURT EDMU ~JENSCHKE, INC Party of the First Part (OWNER) Party o the Secon ~ By: B y~ W. G. STACY JO ED JENS HKE / Kerr County Judge V' a President Approved as to form and content: t ~~d/ DA ID MO EY Kerr County Attorney (CONTRACTOR) . ;:, ~.~ A-2 ~~+ ~0~~~~ $~~ EJI-50 8 KNOW ALL PERSONS BY THFC~ pRESENTS: THAT Edmund Jens chke , Inc_ . _ ` (Namt of Contractor) 225 Interstate 10, Kerrville,Texas 78028 /address of Contractor) a cor oration _, hereinafter called PRINCIPAL, and (Corporation, Partners up, or Lids!) Eagle Insurance Company - (Name of Saruy) -~- 14607 San Pedro, San Antonio,Texas 78232 ~ (.Sddress of Surety) a corporate surety duly authorized and admitted to do business in the State of Texas and licensed by the State of Texas to issue surety bonds, hereinafter called SURETY, are held and firmly bound unto KERR COUNTY, TEXAS, 700 East Main Street, Kerrville, Texas, 78028, hereinafter called OWNER, in the total aggregate penal sum Of Seventy-three thousand nine hundred .eighty--------------------------DOLLARS ($73,980.00---------------} in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, whereas PRINCIPAL entered into a certain agreement with OWNER dated the 25th day of July ~ , i99 1 , a copy of which is hereunto attached and made a part hereof, for the construction of: Complete Reconstruction of a part of Ranchero Drive in the Kerrville South Vicinity - NOW, THEREFORE, IF PRINCIPAL shall well, truly, and faithfully perform his duties, all the undertakings, covenants, terms, conditions, and agreements of said CONTRACT and in accordance with the PLANS AND SPECIFICATIONS and CONTRACT DOCUMENTS during the original term thereof, and any extensions thereof- which may be granted by OWNER; with or without notice to SURETY, and during the one=year guaranty period, and if PRINCIPAL shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay OWNER all outlay and expense which OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that SURETY, for value received, hereby stipulates and agrees that no change, extension of time, .: .~: r., alteration, or addition to the terms of tha CONTRACT and CONTRACT DOCUMENTS or to WORK to •be performed thereunder or to PLANS AND SPECZFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time,'aiteration, or addition to the terms of the CONTRACT, the CONTRACT DOCUMENTS, the WORK, or the PLANS AND SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the CONTRACT, the CONTRACT DOCUMENTS, or the PLANS AND SPECIFICATIONS not increasing the contract price more than twenty per cent (20~), so as to bind PRINCIPAL and SURETY to the full and faithful performance of CONTRACT as so amended. The term "amendment", wherever used in this BOND and whether referring to this BOND, the CONTRACT, the CONTRACT DOCUMENTS, or the PLANS AND SPECIFICATIONS, shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between OWNER and PRINCIPAL shall abridge the right of the other beneficiary hereunder whose claim may be unsatisfied. OWNER is the only beneficiary hereunder. PROVIDED, FURTHER, that CONTRACTOR faithfully performs the CONTRACT according to the PLANS AND SPECIFICATIONS and CONTRACT DOCUMENTS, the SURETY and the CONTRACTOR shall have no obligation under this BOND, except to participate in conferences as provided below. PROVIDED, FURTHER, that: (1) SURETY'S obligation under this BOND shall arise after: (a) OWNER has notified CONTRACTOR and SURETY, at the address shown on the signature page hereof, that OWNER is considering declaring a CONTRACTOR DEFAULT and has requested and attempted to arrange a conference with CONTRACTOR and SURETY to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the CONTRACT. If OWNER, CONTRACTOR, and SURETY agree, CONTRACTOR shall be allowed a reasonable time to perform the CONTRACT, but such an agreement shall not waive OWNER'S right, if any, subsequently to declare a CONTRACT DEFAULT; and, (b) OWNER has declared a CONTRACTOR DEFAULT and formally terminated CONTRACTOR'S right to complete the CONTRACT. Such CONTRACTOR DEFAULT shall not be declared earlier than twenty (20) days after CONTRACTOR and SURETY have received notice as provided in Subparagraph (1)(a); and, CONDITIONS, SUPPLEMENTAL CONDITIONS, and the PLANS AND SPECIFICATIONS, and changes thereto. (c) CONTRACTOR DEFAULT: Failure of CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the CONTRACT. This BOND shall be performed in Kerr County, Texas. IN WITNESS WHEREOF, this instrument is executed in 1 counterparts, each one of which shall be deemed an original,- this 29th day of July , 1991 ATTEST: ~~~ ,~~ , ttness as to Principal r ~ ~v .. ddress ~~~.~~, ~ ~X~~ 1!; ;;. ' ----~- / Address ~ - / ~ ~ f',-iii. ~~ / x 7~GJ ~.~:' .... . ~_ ATTEST: ,~" M /a i' ~Ui Witness to sway . r ~. ,,. Eagle Insurance Company Surety ~ ~ . . -. '` r e By ~ ~- . ,lllornty-in fa Waymond L ' ht 9.t f ~; 14607 San Pedro, San Antonio, Texas 78232 Address Approved as to form: Date . Owner NOTE: 1. Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is a partnership, all partners should execute BOND. 2. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Texas. COKT'~ACJS/AGRF~?4ENTS_1PFAFOIG(.BOH .Y To be attached to Bond No . EJI-508 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company, a company domiciled in T=Yas, having its orincipai office in San Antonio,Texas pursuant to the following resolution, adopted 5v the Board of Oirectors of the said Company on April 27, 1987 to wit: "The Chairman, Managing director or Secretary shall have auth~rit~r, severally, to mace, execute, and deliver a power of attorney constituting as Attorneys-in-f:ct such persons, firms or corporations as such officers may select from time to time." THEREFORE, the undersigned hereby make, constitute and appoint waymond Lightfoot its true and Ia~aful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf and as its act and sees as follows: Limited on be__^_a I= of the Company to the sum USS500,000 in its business a:_s in accordance with its charter, to bird Eagle Insurance Company thereby, and alI of the act of said Attorney-in-yact, pursuant to these presents are hereby ratified and confirmed. In Witness whereof, Eacle Insurance Company has caused these presents to be signed by its Chairman, Director or Secretary ars its Corporate Seal to be here*_o affixed. EAGLE INSIIRANCE COMPANY p~-G~/ C ~a~rman/~ Waging Director/ Secretar CERTIFICATE I, the und_rs_gned, Secretary/Director of Eagle Insurance Company, DO HER°3`r C~3TIFY that the foregoing and attached Power of Attorney a..^.d Certi=icate of Authority remain in full force and has not been revokes; and, furthermore, that the Resolution cf the Board of Directors, as set forth in the Certificate o~ Authority, is now in force. Signed and sealed at San Antonio, Texas this 29th day of July 1991 r , 7(//~ ~r --~~, i't r / ~ / 7 ii ~c~etary/~iect6 ,._ THIS IS Cc.R':'i: IC~+TE NC: ?nB FOR POTnFE'R {~~, ATTO.RIV~Y F; ,~ PAYMENT BOND EJI-508 KNOW ALL PERSONS BY THESE PRESENTS: Z'j~T Edmund Jenschke,Inc. _ (Name of Contradorl _ _ _ 225 Interstate 10 (Address o Contractor) a Corporation , hereinafter called PRINCIPAL, and (Co anon, Partnership, or Individual} Eagle Insurance Company (Name of Surety) 14607 San Pedro, San Antoni_t~~TPxac 7R~99 r . (address of Surcry) a corporate surety duly authorized and admitted to do business in the State of Texas and licensed by the State of Texas to issue surety bonds, hereinafter called SL7RF'TY, are held and firmly bound unto KERB COUNTY, TEXAS, 700 East Main Street, Kerrville, Texas, 78028, hereinafter called OWNER, and unto all persons, firms, and corporations who or which may furnish labor or who furnish materials to perform as described under the CONTRACT and to their successors and assigns in the total aggregate penal sum of Seventy-three thousand nin_~ hundred eighty----------------------------.DOLLARS ($73,980.00----------} in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, whereas PRINCIPAL entered into a certain agreement with OWNER dated the 25th day of July 1991 , a copy of which s hereunto attached and made a part hereof, for the construction of: Complete Reconstruction.of a part of Ranchero Drive in the Kerrville •South Vicinity NOW, THEREFORE, IF PRINCIPAL shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such CONTRACT and any authorized extensions or modification thereof, including all amounts due for materials, and repairs on machinery and equipment, and tools consumed or used in connection with the construction of such WORK, and for all labor costs incurred in such WORK including that by a SUBCONTRACTOR, and to any mechanic or materialman lienholder whether he acquires his lien by operation of state or federal law, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to SUBCONTRACTORS, and persons, firms, and corporations having a direct contract with PRINCIPAL or its SUBCONTRACTORS. PROVIDED, FURTHER, that SURETY, for the value received hereby, stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the CONTRACT, CONTRACT DOCUMENTS, or to WORK to be performed thereunder or to the PLANS AND SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the CONTRACT or to the WORK or to the PLANS AND SPECIFICATIONS. PROVIDED, FURTHER, that any suit or action commenced hereunder by any claimant shall be in accordance with and subject to Texas Revised Civil Statutes, Article 5160. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the CONTRACT not increasing the contract price more than twenty per cent (20$), so as to bind PRINCIPAL and SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND, the CONTRACT, CONTRACT DOCUMENTS, or the PLANS AND SPECIFICATIONS, shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between OWNER and CONTRACTOR shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. _ PROVIDED, FURTHER, that: (1) Amounts owed by OWNER to CONTRACTOR under the CONTRACT shall be used for the performance of the CONTRACT and to satisfy claims, if any, under any construction performance bond. By CONTRACTOR furnishing and OWNER accepting this BOND, they agree that all funds earned by CONTRACTOR in the performance of the CONTRACT are dedicated to satisfy obligations of CONTRACTOR and SURETY under this BOND, subject to OWNER's priority to use the funds for the completion of the WORK. (2) Notices to SURETY, OWNER, or CONTRACTOR shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by SURETY, OWNER, or CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. (3) Any provision in this BOND conflicting with a statutory or legal requirement shall be deemed deleted herefrom and provisions K ~: i (c) OWNER has agreed to pay the BALANCE OF THE CONTRACT PRICE to SURETY in accordance with the terms of the CONTRACT or to a contractor selected to perform the CONTRACT in accordance with the terms of the contract with OWNER. (2) When OWNER has satisfied the conditions of Paragraph (i), SURETY shall promptly and at the SURETY's expense take one of the following actions: (a) Arrange for CONTRACTOR, with consent of OWNER, to perfona -and complete the CONTRACT; or, (b) Undertake to perform and complete the CONTRACT itself, through its agents or through independent contracts; or, (c) Obtain bids or negotiated proposals from qualified contractors acceptable to OWNER for a contract for performance and completion of the CONTRACT, arrange for a contract to be prepared for execution by OWNER and the contractor selected with OWNER's concurrence, to be secured with-performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the CONTRACT, end pay to OWNER the amount of damages in excess of the BALANCE OF THE CONTRACT PRICE incurred by OWNER resulting from CONTRACTOR's default; or, (d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: (i) After investigation, determine the amount for which it may be liable to OWNER and, as soon as practicable after the amount is determined, tender payment therefor to OWNER; or, (ii) Deny liability in whole or in part and notify OWNER citing reasons therefor. - (3) If SURETY does not proceed as provided in Paragraph (1) with reasonable promptness, SURETY shall be deemed to be in default on this BOND fifteen {15) days after receipt of an additional written notice from OWNER to SURETY demanding that SURETY perform its obligations under this BOND, and OWNER shall be entitled to enforce any remedy available to OWNER. If SURETY proceeds as provided in Subparagraph (2)(d) and OWNER refuses the payment tendered or SURETY has denied liability, in whole or in part, without further notice OWNER shall be entitled to enforce any remedy available to OWNER. (4) After OWNER has terminated CONTRACTOR's right to complete the CONTRACT, and if SURETY elects to act under Subparagraphs (2)(a), (b), or (c) above, then the responsibilities of SURETY to OWNER shall not be greater than those of CONTRACTOR under the CONTRACT, and the responsibilities of OWNER to SURETY shall not be greater than those of OWNER under the CONTRACT. To the limit of the amount of this BOND, but subject to commitment by OWNER of the BALANCE OF THE CONTRACT PRICE to mitigation of costs and damages on the CONTRACT, SURETY is obligated without duplication for: (a) The responsibilities of CONTRACTOR for correction of defective work and completion of the CONTRACT; (b) Additional legal, design, professional, and delay costs resulting from CONTRACTOR~s Default, and resulting from the actions or failure to act of SURETY under Paragraph 4; and, (c) Liquidated damages, or if no liquidated damages are specified in the CONTRACT, actual damages caused by delayed performance or non-performance of CONTRACTOR. (5) Any proceeding, legal or equitable, under this BOND may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within four (4) years after CONTRACTOR DEFAULT or within four (4) years after CONTRACTOR ceased working or within four (4) years after SURETY refuses or fails to perform its obligations under this BOND, whichever occurs last. (6) Notice to SURETY, OWNER, or CONTRACTOR shall be mailed or delivered to the address shown on the signature page. (7) When this BOND has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this BOND conflicting with said statutory or legal requirement shall be deemed deleted herefrom, and provisions conforming to .such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this BOND shall be construed as a statutory bond and not as a common-law bond. (8) Definitions: (a) BALANCE OF THE CONTRACT PRICE: The total amount payable by OWNER to CONTRACTOR under the CONTRACT after all proper adjustments have been made, including allowance to CONTRACTOR of any amounts received nor to be received by OWNER in settlement of insurance or other claims for damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of CONTRACTOR under the CONTRACT. (b) CONTRACT: The agreement between OWNER and CONTRACTOR identif ied on the signature page, including all CONTRACT DOCUMENTS, NOTICE TO BIDDERS, GENERAL CONDITIONS, SPECIAL conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this BOND shall be construed as a statutory bond and not as a common-law bond. (4 )• Upon request by any person or entity appearing to be a potential beneficiary oP this BOND, CONTRACTOR shall promptly furnish a copy of this BOND or shall permit a copy to be made. This BOND shall be performed in Kerr County, Texas. IN WITNESS WHEREOF, this instrument is executed in __1. counterparts, each one of which shall be deemed an original, this the 29th day of •7„ ~ ~, , 199 1 . -•,. -,.Jn.. ATTEST: ~~ /~ ~ ~ fitness as to Principal ~~ '~' ess • '~ rincipal ~ =: Address -' •. G ~;. Eagle Insurance Compare ATTEST: l ;. ~,, Witness to Surety v' ~~ Surety ~ , By ilttortte}~fn- Waymond i tf oo t 14607 San Pedro, San Antonio,Texas _ 78232 .address Approved as to form: Date Ow.ur NOTE: 1. Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is a partnership, all partners should execute BOND. 2. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State of Texas. CONi7tACTS/AGREfl.((fTRS:1PAl?{ENT.BON -- CERTIFICATE OF INSURANCE-- 06/13/91 This certificate is isst ~ as a matter of informati only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PRODUCER C Letter A CONTINENTAL CASUALTY Austin, Texas Insurance Agency 0 P. O. Box 201720 M Letter B TRANSPORTATION INS. CO. 4030 W. Braker Lane, Suite 100 P Austin TX 78720-1720 A Letter C INSURED N I Letter D Edmund Jenschke, Inc. E Rt. 2, Box 140 S Letter E Fredericksburg TX 78624 This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. ----------------------------------COVERAGES------------------------------------ Co Type of Policy # Policy Policy Limits Ltr Insurance Effective Expiration ---- GENERAL LIABILITY --------------------------------------------------------- A (X) Commercial GL TPP404447580 02/23/91 02/23/92 Gen Aggreg $1,000,000 ( ) ( )Claims Made Prd-C/Op Ag$500,000 (X)Occurrence Pers/Adv In$500,000 ( ) Owners & Contr Each Occur $500,000 ( ) Fire Damag $50,000 { ) Medical Ex $5,000 ---- AUTOMOBILE LIABILITY ------------------------------------------------------ A (X) Any Auto BUA204447578 02/23/91 02/23/92 CSL $500,000 ( ) All Owned B.I./Pers $ ( ) Scheduled B.I./Acrid $ ( ) Hired p.D. $ ( ) Non-Owned ( ) Garage Liab ---- EXCESS LIABILITY ---------------------------------------------------------- ( ) Umbrella Form Each Occur Aggregate ( ) O.T. Umbrella $ ---- WORKERS COMPENSATION ------------------------------------------------------ B W.C. WC404447496 02/23/91 02/23/92 STATUTORY Employers Liab. Each Acrid $500,000 Dis/Policy $500,000 Dis/Employ $500,000 ---- OTHER --------------------------------------------------------------------- $ $ -------------------------------------------------------------------------------- DESCRIPTION OF Operations/Locations/Vehicles/Special Items CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 10 days written notice to the certificate holder named below but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. NAME and ADDRESS of CERTIFICATE HOLDER KERR COUNTY ROAD & BRIDGE o D . R . VOELKEL ~, ~~~M1~'`/ ENGINEERING & SURVEYING A23 212 CLAY STREET horize Representative KERRVILLE TX 78028 pf 7/26/91 JULY 18, 1991 Approval Agenda Sealed bids for Reconstruction of Approximately 2100 Feet on Ranchero Road to be opened and read aloud (County Engineer) Special Emergency Commissioners' Court Agenda Thursday, July 18, 1991, 9:00 A.M. Kerr County Courthouse, County Courtroom. Commissioner Nbrgan recnd~s that it be referred to Road and Bridge Departrment Engineer and Ac'~tiinistrator for evaluation and recc~anendation with a point of note that there was only one bid submitted and this should be considered for recommendation. Commissioner Oehler, seconded the motion. Commissioners' Court Adjourned at 9:10 A.M.