ORDER N0. 20415
APPROVAL OF AWARDING BID ON
RANCHERO ROAD CONSTRUCTION TO EDMUND
JENSCHKE, ING.
On this the 25th day of July, upon motion made by
Commissioner Morgan, seconded by Commissioner Lackey, the
Court unanimously approved by a vot• of 3-1-0, to accept the
bid of 573,980.00 from Edmund Jenschke, Inc. for the
construction of Ranchero Road.
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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
Mo` [~C~Cd ~ra~~ao~ r~ ~~~
C4Y BLP E EL. ERRV~LLL EL61VA. fl]EfE y~i
July 30, 1991
Edmund Jenschke, 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 (S) 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
,.Pat Dye, Kerr County Clerk
Franklin Johnston, County Engineer
Len Odom, County Road Administrator
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N ~'
AGREEMENT
STATE OF TEXAS )
COUNTY OF KERR )
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
COMMISIONERS 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, KERR COUNTY, TEXAS,
including excavation and aubgrade 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 1JENSCHKE, IN
Party of the First Part (OWNER) Party o the Secon
By: sy:
W. G. STACY JO D JENS HKE
Kerr County Judge V e President
Approved as to form and content:
VFW ~ t ""'-rte
DA ID MO EY
Kerr County Attorney
A-2
F~i i~.CQ ~ $Q]VD EJI-508
KNOW ALL PERSONS BY THFCr pRESENTS:
THAT Edmund Jenschke,Inc. _
(Name of Cantrador)
_ 225 Interstate 10, Kerrville,Texas 78028
/AddrGTt Oj Corurodor)
a _ cor oration _, hereinafter called PRINCIPAL, and
(Corporation, Partners !p, orl~ ivi ual)
Eaele Insurance Company
(Name ojSurrty)
14607 San Pedro, San An tonio,Texas 78232 ,
(Addr~cr ojSvrery)
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, Xerrville, Texas,
78028, hereinafter called OWNER, in the total aggregate penal sum
Of Seventy-three thousand nine hundred siQhtv--------------------------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 , 199 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,
alteration, or addition to the terms of the CONTRACT and CONTRACT
DOCUMENTS or to WORK to •be performed thereunder or to 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, 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 Pormal 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 (20t), 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 HOND, 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 o! 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,- t~s
z9th day of Ju1y , 1991
ATTEST: /
titi ( ~~
+tncss as to Principal
,,1 ~r)
ATTEST:
Wunus to uray
Approved as to form:
Date .
NOTE:
Eaele Insurance Comoan
~~~
Surly
By
Auornty-in- a Waymond L' ht oot
14607 San Pedro, San Antonio,Texas
.lddrus
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.
782
CONT]fAITS/AGAtDAIIiR:1Pp(FOAN.BON
/Iroii~i, /f T 7~o z.~
.Y
To be attached to 9ond No. EJI-508
POWER OF ATTORNEY
R:70W ALL MEN BY THESE PRESENTS: That tie 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 cower 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 mace, 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, acknowledee and deliver in its behalf
and as its act and Seed as follows:
Limited on behalf of the Company to the sum US5500,000
is its business and in accordance with its charter, to
bird Eagle Insurance Company thereby, and all of the act
of said Attorney-in-fact, pursuant to these presents are
hereby ratified and confirmed.
In Witness whereof, Eac1e Insurance Company has caused these
presents to be signed by its Chairman, Director or Secretary and
its Corporate Seal to be her=_to affixed.
EAGLE INSURANCE COMPANY
=-~~{~
Chairman/~~naciag Director/
Secretar
CERTIFICATE
I, the undersigned, SeCretar~J/DireCtOr Of Eagle Insurance
Company, DO HEREBY CERTIFY that the fozegoing 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 of
Authority, is now in force.
Signed and sealed at San Antonio,
July 1991 .
Texas this 29th day of
		
~c~etary/Directoff
THIS IS CERTIFICATE NC: ?AB
FOR POWER OF ATTORNEY
PAYMEIV~' BOND EJI-508
KNOW ALL PERSONS BY THESE PRESENTS:
THAT Edmund Jenschke,Inc.
(Name of Contractor)
225 Interstate
(Addrest o Contractor)
a corporation , hereinafter called PRINCIPAL, and
(Co anon, Partnerstup, or Indiv' ua!)
Eagle Insurance Company - _
(Name of Sarery)
14607 San Pedro can Ant ni T ac 7R9 R9 ~
. (Addrus 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, 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 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 , 1991 , a copy of why
hereunto attached and made a part hereof, for the construction of:
Complete Reconstruction.of a part of Ranchero Drive in the Kerrville
South Vicini
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 o! 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
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 oP 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 'or 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
identified 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 ba
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 of 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.
ZN WITNESS WHEREOF, this instrument is executed in -i
counterparts, each one of which shall be deemed an original, th s
the 29th day oP .T„I~ , 199 1 .
%~
sizl ~I~-6~~~
ATTEST:
Witness to Surety ~ ~
Eagle Insurance Company
Surtty
By
eltto~tn- Waymond i tf oo t
14607 San Pedro, San Antonio.Texas 78232
,Sddress
Approved as to form:
Date
Ownw
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.
COMRACTLACRFD.IIIlTS: VAYfiE+r.BOH

ATTEST: _
rtntss as fo Principal
CERTIFICATE OF INSURANCE 06/13/9
This certificate is issued as a matter of information only and confers no right
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 O
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 poli	cy period indicated. Notwithstanding any
requirement, term or condition of an	y contract or other document with respect
to which this certificate may be iss	ued 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
-----------------------------------C	OVERAGES----------------_-------------_----
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 Aggreq $1,000,00
( ) ( )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./ACCid $
( ) Hired	P. D. $
( ) Non-Owned	
( ) Garage Liab	
---- EXCESS LIABILITY --------------	-------------------------------------------
( ) Umbrella Form	Each Occur Aggregat
( ) O.T. Umbrella	$
---- WORKERS COMPENSATION -------------------------------------------
B W.C. WC404447496 02/23/91 02/23/92 STATUTORY
Employers Liab. Each Accid
Dis/Policy
Dis/Employ
---_ OTHER ----------------------------------------------------------
$500,000
$500,000
$500,000

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
RERR COUNTY ROAD & BRIDGE
D.R. VOELKEL
ENGINEERING & SURVEYING
A23 212 CLAY STREET horize Representative
RERRVILLE TX 78028 pf 7126191
ORDER NO. 20415
APPROVAL OF AY~LtDING BIDS ON
THE RECONSTRUCTION OF RANCE~
ROAD TO EDMCTND JINSCHICE, INC.
July 25, 1991

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