061792
June 17, 1992
Patricia Dye, County Clerk
Kerr County, Texas
Re: FRENCH DRAIN ALONG RANCHERO DRIVE
FOR KERR COUNTY
Attached hereto are completed documents provided by Bennett Jordan Construction
Company for the above referenced project as follows:
- Agreement
- Performance Bond
- Payment Bond
- Certificate of Insurance
- Written Notice to Proceed
If there are any other requirements before the construction is to begin, please
notify me as soon as possible.
Thanks.
~,_V ~'~,
D. R. Voelkel
Project Engineer
copy: W. R. Stacy, County Judge
Len Odom, County Road Administrator
f ~ ~ ~~~ , j % ~ ~ ~~=.--
fliC!A DYE
e ourry au e~ C nty. Texa j
AGREEMENT
STATE OF TEXAS §
COUNTY OF KERB §
KNOW ALL MEN BY THESE PRESENTS:
That on the 11th day of May, 1992, the Kerr County Commissioners Court, by
Court Order No. 20926, accepted the Bid Proposal of Bennett Jordan Construction
Company, for the construction of a FRENCH DRAIN (an underground drainage
facility) along part of Ranchero Drive.
THIS AGREEMENT, is made and entered into by and be-tween KERB COUNTY
COMMISSIONERS 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 Bennett Jordan Construction Company, of the City of
Ingram, 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 construction of
a FRENCH DRAIN (an underground drainage facility) along part of RANCHERO DRIVE IN
THE KERRVILLE SOUTH VICINITY, KERB COUNTY, TEXAS, including all provided by the
BID DOCUMENTS, hereinafter called the project, for the sum of twenty-nine
thousand one hundred thirty and 00/100 ($29,130.00), 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 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 CODTTRACTOR'S
written Bid Proposal, this 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 (S) calendar days
after the date written notice to do so shall have been given to him, and to
substantially complete the same within thirty (30) 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. Each day the CONTRACTOR cannot work due to
inclement weather may be allowed as a basis for extension of the time for
completion of the work.
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.
A- loft
IN WITNESS WHEREOF, the parties to these presents hereby execute this
Agreement on this ~C~ day of May, 1992.
KERB COUNTY COMMISSIONERS COURT Bennett Jordan Construction Co.
Party of the First Part Party of the Second Part
(OWNER) (CONTRACTOR)
By: By:
- W. G. STACY Name: Bennett or an
Kerr County Judge Title: Owner
Approved as to form and content:
ID MO EY
Kerr County Attorney
~ ~ ~~~. r~A.D. 14_J~ l ~
Filee ~ .~_Day~ ~IC'.A. DYE ^v I f ,f ~L+-
By'~! lerh ow.ry~Court~rr CJ n ;Texas ~P~
~p
A- 2 of 2
BJ-so2 THE AMERICAN INSTITUTE OF ARCHITECTS
~u,.
AlA Document A392
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
BENNETT JORDON CONSTRUCTION CO.
P.O. BOX DRAWER I
INGRAM, TEXAS 78025
SURETY (Name and Principal Place of Business):
EAGLE INSURANCE COMPANY
14607 SAN PEDRO
SAN ANTONIO, TEXAS 78232
OWNER (Name and Address):
KERR COUNTY COMMISSIONERS COURT
CONSTRUCTION CONTRACT
Date: MAY 19, 1992
Amount: $29,130.00-----------------------------------------------------------------
Description (Name and Location): CONSTRUCTION OF FRENCH DRAIN ATANG PART OF RANCHERO DRIVE IN
THE KERRVILLE SOUTH VICINITY, KERR COUNTY, TEXAS
BOND
Date (Not earlier than Construction Contract Date): MAY 19, 1992
Amount: $29,130.00----------------------
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
BE(VNETT JORDON CONSTRUCTIO 0.
~~ ~
Signature: _
Name and Title: ~'
(Any additional signatures appear on page 3)
:.
® None `~~ •f] See Pag 3•
,,
~,
SURETY tI ~~ F'
Company: ~ ~; "(Co~-~oratQ S~af) ±.
EAGLE INS~ANCE COM ~ ~-~ ~- ' '""°.:..
Signature: ~ '
Name and Title: ' ". ,
WAYMOND LIGH OOT ATTO EY' IN-RA,GT
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ;?'
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 11Vhen the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractorthat are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 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 two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. •AIA R,
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. ZOOll6 A312-1984 2
THIRD PRINTING • MARCH "1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 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 con-
forming 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.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to he received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
I I CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ~~
THE AMERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
EAGLE INSURANCE COMPANY
(4607 San Pedro. San Antonio, Texas 78232 ]3J-502
GENERAL POWER OF ATTORNEY
Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed,
and by these presents does make, constitute and appoint
WAYMOND LIGHTFOOT
its true and lawful attomey, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be gnren to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
5500,000.00
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 20th day of tune. 1991
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or
a vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attomey named in the
given Power of Attomey to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a
Secretary or an Assistant Secretary be. and that each or any of them hereby is. authorized to attest the execution of any such Power of Attomey, and to attach
thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Comparry may be affixed to any such Power of Attomey or to any
certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached."
[n Witness Whereof, EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be
signed by the President and attested by its Vice Presidents this 5th day of July, 1991.
Attest:
yc M. Fourquet, Vice ident
STATE OF TEXAS
COUNTY OF BEXAR
ss.:
By:
EAGLE INSURANCE COMPANY
Ste en C. Dahlb esident
On this 5th day of July, 1990, before me personally came Stephen C. Dahlbo, to me known, who being by duly sworn, did depose and
say that he is President of the EAGLE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order
of the Board of Directors of said corporation and that he signed his name hereto by like order.
~;,_
. ~ ~~~~
~_
JOYCE BOBBINS ~~` ~ % ` ~ 10 CE BOBBINS
Notary Public State d Teas ~ ` ~ ..J ' ; - NOTARY PUBLIC, State of Texas
• My Comndtsion azpires Ol•lfi•94 ~ _,~ : r ~ :. Bexar County
t ~9 ~" ;~ ~' ~° Commission expires January 16. 1994
CERTIFICATE .-- ~',
1, the undersigned, Secretary of the EAGLE INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that the foregoing and
attached Power of Attomey remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,
set forth in the said Power of Attomey, is now in force. _
Signed and sealed at the City of San Mtonio, in the State of Texas. Dated the 15th day~f MAY .19 92
PAT CIA I. HOWARD, Secretary
THE AMERICAN INSTITUTE OF ARCHITECTS
BJ-502
~,
A!A Document A392
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
BE~TNETT JORDON CONSTRUCTION CO.
P.O. BOX DRAWER I
INGRAM, TEXAS 78025
OWNER (Name and Address):
KERR COUNTY COMMISSIONERS COURT
SURETY (Name and Principal Place of Business):
EAGLE INSURANCE COMPANY
14607 SAN PEDRO
SAN ANTONIO, TEXAS 78232
CONSTRUCTION CONTRACT
Date: MAY 19, 1992
Amount: '$29,130.00-----------------------------------------------------------------------
Description (Name and Location): CONSTRUCTION OF FRENCH DRAIN ALONG PART OF RANCHERO DRIVE IN
THE KERRIVLLE SOUTH VICINITY, KERR COUNTY, TEXAS
BOND
Date (Not earlier than Construction Contract Date): MAY 19, 1992
Amount: $29,130.00----------------------------------------------------------------------
Modifications to this Bond: ®None ~~~˘ff~''P~e 6
CONTRACTOR AS PRINCIPAL
Comppanyy: (Corporate Seal)
BENNETT JORDON CONSTRUC ION C .
Signature. --
Name and Title: ~ 4
(Any additional signatures appear on page 6)
l~ ,. - .
„~
SURETY ~ :~ .~
Com any: =` ;GnCorRdr~tC.S,e.~l) .
EAAGLE INSURANCE COMP
Signature: _
Name and Title: ,..~~ ,7 ~~...,..,.
WAYMOND LIGHTFOOT ATTORNE -I ~',F~~(3r'~ ~: =-
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA O
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 4
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph l2) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that al I funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner`s prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
antunder this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials orequipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 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 con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AiA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • A.IA'`'
THE AMERICAN INSTITUTE OF ARCHITECTS, 17"i5 NEW YORK AVE., N W., WASHINGTON, DC 20006
THIRD PRINTING • MARCH 1987
A312-1984 5
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPP.L SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AIA DOCUMENT A372 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is subject to legal prosecution.
EAGLE INSURANCE COMPANY
14607 San Pedro, San Antonio, Texas 78232 73J-502
GENERAL POWER OF ATTORNEY
Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed.
and by these presents does make, constitute and appoint
WAYMOND LIGHTEOOT
its true and lawful attomey, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contras of suretyship executed under this authority shall exceed in amount the sum of
5500,000.00
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 20th day of lure. 1991
"RESOLVED, that the Chairman of the hoard, the Vice Chairman of the Board. the President, an Executive Vice President or a Senior Vice President or
a Vice President of the Comparry, be. and that each or any of them hereby is. authorized to execute Powers of Attomey qualifying the attomey named in the
given Power of Attorney to execute in behalf of the Company. bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President. a
Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attomey. and to attach
thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any
certifipte relating thereto by facsimik, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Comparry when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached."
[n Witness Whereof, EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be
signed by the President and attested by its Vice Presidents this 5th day of July. 1991.
Attest:
iM • ~ ~
y~Fourquet. Vice Ib~sident
STATE OF TEXAS
COUNTY OF BEXAR
ss.:
By:
EAGLE INSURANCE COMPANY
~ - ~ .y~ll.~~
Ste en C. Dahlb esident
On this 5th day of )uly. 1990, before me personally came Stephen C. Dahlbo, to me known, who being by duly sworn, did depose and
say that he is President of the EAGLE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation: that the seal affixed to the said instrument is such corporate seal: that is was so affixed by order
of the Board of Directors of said corporation and that he signed his~n~riiN hereto by like order.
~ _ -
~~ ~~
.~. ._ ~ a
JOYCE BOBBINS ~` .;- , ` ` ~ '
_; .~ =~ ~ (O CE BOBBINS
Notagr PuWiS, Stara of Tact ~ ' ~`- ~ o NOTARY PUBLIC. State of Texas
• My Commission apiece Ol-I6.94 --` ~,}~ ~ ~'' ~ ~ ~'~ Bexar County
~ ~ Commission expires January 16. 1994
p:3CERTIFICATE '
1, the undersigned. Secretary of the EAGLE INSURANCE COMPANY. a Texas corporation. DO HEREBY CERTIFY that the foregoing and
attached Power of Attomey remains in full force and has not been rev$ked; and furthermore that the Resolution of the Board of Directors.
set forth in the said Power of Attomey, is now in force.
Signed and sealed at the City of San Mtonio, in the State of Texas. Dated the 15th daypf MAY .19 92

CERTIFICATE OF INSURANCE
Reference-is made to the Contract awarded ,
by Kerr County as Owner and to the following Contractor:
Name: Bennett Jordan
Address• Drawer I, Ingram, Texas 78025 -
for the following described work of construction, alteration
or repair:
French Drain
This is to certify to Kerr County ("KC") that the insurance
policies identified below meet all requirements stipulated in
Clause 26 of the General Provisions, of the above identified
Contract and that such policies are in full force and effect
on th i s date .
Effective Expiration
TYDe of Insurance Policy NQ Date Date
Workmen's
Compensation Binder 6/11/92 6/11/93
Employer's
Liability As Above
Comprehensive
General Binder 6/11/92 6/11/93
Liability
Bodily Injury
Each Occurrence
Property Damage
Each Occurrence
Annual Aggregate
Comprehensive Auto-
mobile Liability Binder 6/11/92 6/11/93
Bodily Injury
Each Person
Each Occurrence
Property Damage
Each Occurrence
Minimum
Limits of
Liability
Statutory
~ 100, 000
X500,000
X100,000
X300,000
E300,000
X500,000
X100,000

' Effective Expiration
Tvae of Insurance Pol c tl`~ ~~ Oate
• Owner's Protective
Liability
Bodily Injury
Each Occurrence
Property Damage
Each Occurrence
Annual Aggregate
Builder's Risk
Minimum
Limits of
j.iability
$500,000
3100,000
x300,000
Full
Insurable
Va 1 ue of
the Work
NOTE: Modify "Minimum Limits of Liability" to actual amounts
of policy and attach a copy of Umbrella Coverage if
applicable.
The foregoing coverages may not be cancelled, reduced,
restricted, limited or allowed to expire until ten days after
KC and the Contractor shall have received written notice by
registered or certified mail evidenced by return receipt.
This Certificate does not support to amend, extend or alter
the coverage afforded by the above policies.
The Insurance Company issuing the above policies is:
Name: Mid American
Address: Tyler, TX '
Name of Authorized Agent: Hill Insurance A~ency
Address of Authorized Agent: P• 0. Box 367
Ingram, TX 78n2~
Agent's Telephone Number: 367-5555
Dated this 11th day of June 199
~M ~ ~~®p
Signature
Incl.
~I~dG~CSd ~~~~~ao~~ ~ ~ae~~o~
313 CUY STREET. KERR1IiLLE, iEJUB 18038. St 3~351~]Ot0
June 17, 1992
Bennett Jordan Construction Co.
Drawer I
Ingram, Texas 78024
Project: FRENCH DRAIN IN RANCHERO DRIVE
FOR KERB COUNTY
Re: Written Notice to Proceed
A copy of the completed AGREEMENT is attached.
In accordance with the contract documents, this is your written notice to
proceed with the construction of the proposed French Drain in Ranchero Drive.
You are to commence work within five (S) calendar days after the date of this
written notice and complete the work within thirty (30) calendar days.
I, as Project Engineer, will provide you with construction controls and on the
ground inspection. Len Odom, County Road Administrator, will coordinate the
work for the County. If you keep me aware of the schedules for various phases
of construction work, I will keep Len Odom informed.
Thanks.
~~
.R. Voelkel
Project Engineer
cc: W.G. Stacy, County Judge
Pat Dye, Kerr County Clerk
Len Odom, County Road Administrator
.~ `%w .
~aY ep(Sft,C'A 0~! 1 Texas
~i1ed~~ rt tt~i Go ~ / peCud
Coo:,ry Cp0
y' .