~\}'~i'k:Q~lAG '~}~' F.n.'!'Ih`r'M17r; C'ON'I'kA:"'C ES FUR '!'idt.? KE:Sk t'(~iiN'I'Y [iNIL`~ti~nn .SF,r~i~lrl'I'Y F:~,~r!~:!'I'Y ~>n Ihir 1-};ac* '.e;l.h ~!ay c•C 7\I~.t:i7 l'?~I!!„ ng;~m i~m~+ion *n-idr };y t"~.~rzutti^.Ginrlr: it ~:L~k;i[np, s<~;~cr;:i<..3 l~~y t'.otruui.l;:.i_~,rt•..r C.t~-til~~c, Lh.~ +'.uu~-!: unanimously approved by a vote of 3-A-0, i~.o r,~.ii.ty t.h~r c r;ni-r~;r P_, ::gLmi tl..~a i-:• {: 2~.<; ~~nn r-t rn th;° KF~ir C: n:ri'.-y *~ta~~9inm a< ~ it .i y r~: ~' i ! i+y. COMMISSIONERS' COURT AGENDA REQUEST • pi FASF FURNISH ONE ORIGINAL AND FIVE COPI S OF THIS REQUEST AND DOCUMENTS ~,1 FiF REVIEWED 8Y THE COURT MADE BY: County Judge OFFICE: MEETING DATE: April 26. 1994 TIME PREFERRED: SUBJECT: (PLEASE 8E SPECIfiC): ~atifv Contracts for the Kerr County Medium ~curity Facility. EXECUTIVE SESSION REQUESTED: PLEASE STATE REASON ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted 1n accordance with Article 6252-17 1s as follows: • Meetings held on Tuesday: 12:00 P. M. previous Wednesday THIS REQUEST RECEIVED BY: TNIS REQUEST RECEIVED ON: Atl Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Gutdelines. ~• f.. AGREEMENT STATE OF TEXAS § COUNTY OF KERB § KNOW ALL MEN BY THESE PRESENTS: That on, the 4th day of April, 1994, the Kerr County Commissioners Court, by Order No, 21917 accepted the BID PROPOSAL of RHODES CONSTRUCTION for the CONSTRUCTION OF THE ITEMS OF WORK SET OUT IN "EXHIBIT A" attached hereto FOR the KERB COUNTY MEDIUM SECURITY FACILITY beneath the present Kerr County Courthouse Annex, in the City of Kerrville, Kerr County, Texas. I. PARTIES THIS AGREEMENT is made and entered into by and between KERB COUNTY COMMISSIONERS COURT (hereinafter "OWNER") of the County of Kerr and State of Texas, acting through its Judge, W. G. Stacy, thereunto duly authorized so to do, and RHODES CONSTRUCTION (hereinafter "CONTRACTOR") of the County of Kerr and the State of Texas. _ II. SUBJECT MATTER WITNESSETH: That for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the surety bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete the CONSTRUCTION OF THE ITEMS OF WORK SET OUT IN "EXHIBIT A" ATTACHED HERETO FOR THE KERR COUNTY MEDIUM SECURITY FACILITY, hereinafter called "THE PROJECT," in the total negotiated amount set out therein, the sum of ONE HUNDRED TWENTY THOUSAND TWO HUNDRED SIXTY-THREE AND 49/100 DOLLARS($120,263.49) as provided in the Bid Proposal and the Contract Documents, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, unless otherwise explicitly set out herein, and at his own cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and service necessary to complete the said construction in accordance with the conditions and prices stated in the CONTRACTOR'S BID PROPOSAL, this signed AGREEMENT, the PERFORMANCE and PAYMENT BONDS attached thereto, all of which are made a part hereof and collectively evidence and constitute the entire contract. III. COMMENCEMENT OF WORK 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 NINETY (90) calendar days after the date of written notice to commence work, subject to such extensions of time as are provided by the Bid Proposal and the Contract Documents, including thos when the CONTRACTOR cannot work due to delays caused by other CONTRACTORS on the project. ZV. PAYMENT The OWNER agrees to pay the CONTRACTOR the total amount agreed to above, ($120,263.49), upon satisfactory completion of the work described in CONTRACTOR'S bid proposal, and written acceptance of same by OWNER or OWNER'S representative, delivered to CONTRACTOR or CONTRACTOR'S designee. Such acceptance shall not be unreasonably withheld by OWNER, V. INSURANCE CONTRACTOR-shall procure and maintain at its sole cost and expense for the duration of the Agreement insurancE against all claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, employees or subcontractors. CONTRACTOR'S insurance shall be primary insurance with respect to OWNER, its officials, employees or volunteers. Any insurance or self-insurance maintained by OWNER, its officials, employees or volunteers shall be considered in excess of the CONTRACTOR'S insurance and shall not contribute to it. Further, the CONTRACTOR shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of insurance and endorsements shall be furnished to OWNER and approved by OWNER before work commences. Coverages shall be of the type and in the amounts set out following: 1. Employer's Insurance: Minimum Limits of Liability a. Workmen's Compensation Statutory b. Employer's Liability $100,000.00 2. Comprehensive General Liability: Include Independent Contractor's Liability; Contractual Liability; Completed Operations and Product's Liability; all on the occurrence basis, with Personal Injury Coverage, Owner's Indemnity and broad form Property Damage, except the "RGU" exclusions. Maintain Completed Operations Liability for at least one year after the date of final completion. a. Bodily & Personal Injury: - Each Occurrence: $300,000.00 - Aggregate: $300,000.00 b. Property Damage: - Each Occurrence: $100,000.00 - Aggregate: $300,000.00 3. Comprehensive Automobile Liability: Include non-ownership and hire car coverage as well as owned vehicles: a. Bodily Injury: - Each Person: $250,000.00 - Each Occurrence: $300,000.00 b. Property Damage - Each Occurrence: $100,000.00 VI. TIME OF THE ESSENCE; LIQUIDATED DAMAGES CONTRACTOR and OWNER agree that time is of the essence in this contract, and that the OWNER shall be entitled to collect, as liquidated damages, the sum of $100.00 per day for each day that CONTRACTOR'S work remains unfinished after passage of the original amount of time allotted under this contract for completion of the work. KERB COUNTY may withhold from the CONTRACTOR'S compensation such sums as liquidated damages. VII. ` HOLD HARMLESS AGREEMENT CONTRACTOR agrees to and shall indemnify and hold harmless the OWNER and its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by CONTRACTOR under this Agreement. VIII. WARRANTY Upon issuance of a certificate of substantial completion, CONTRACTOR warrants for a period of one (1) year as follows: contractor warrants to OWNER that all materials provided to OWNER under this Agreement shall be new unless otherwise approved by OWNER'S representative and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not conforming to these requirements, including but not limited to substitutions not properly approved and authorized, may be considered defective. This warranty is in addition to any rights or warranties expressed or implied by law and consumer protection claims arising from misrepresentation by CONTRACTOR. Where more than a one (1) year warrant is specified for individual products, work or materials, the longer warranty shall govern. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with the provisions of this agreement. IX. INVALIDITY If any provision of the Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision(s) of this Agreement with legal terms and conditions approximating the original intent of the parties. X. ENTIRE AGREEMENT It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statement, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changes or terminated orally. No verbal agreement or conversation with any officer, agent or employee of OWNER, either before or after the execution of this Agreement shall affect or modify any of the terms of obligations hereunder. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this day of April, 1994. KERR COUNTY C MM S NERS COURT (OWNER) 0`/ By: W. G. Stacy Kerr County Judge RHODES CONSTRUCTION (CONTRACTOR) ~ L%/7~ 13ame :Gene Rho e~s~T Title: Partner Approved as to form and content: DAV~1D MOTLEY Kerr Coun y Attorney April 1994 F~Ir~~'~WaY OL ~~' F.O. / PAi 1 K`~,I ocrt. oun ras BV G~Fuiy EXIHIBIT A BID PROPOSAL Project: KERR COUNTY MEDIUM SECURITY FACILITY Owner: KERR COUNTY, TEXAS, ACTING THROUGH THE KERR COUNTY COMMISSIONERS COURT ITEM DESCRIPTION OF WORK UNIT AMOUNT NO. 1 SITEWORK Preliminary work: Demolition, Relocate parking stops L.S, $ 2,500.00 2 CONCRETE WORK/DUMPSTER/CLEAN-UP No slab and sand cushion L.S. $ 9,800.00 3 CARPENTRY Rough and finish carpentry and mill- work, includes brick veneer L.S. $ 28,278.80 4 MOISTURE AND WEATHER PROTECTION Caulking and sealants L.S. _$ 2,250.00 5 - DOORS, WINDOWS & GLASS Hollow metal work and finish hardware, Toilet accessories L.S. $ 26,525.00 6 FINISHES Gypsum drywall, acoustical ceiling and painting, tables _ L.S. $ 33,543:95 7 MISCELLANEOUS ITEMS/PHONE/SANICAN/ETC. $ 1,300.00 8 SUPERVISION & CONTROL $ 4,000.00 9 LIABILITY INSURANCE _ $ 2,200.00 10 TOTAL OF ITEMS #1,2,4,5,6,7,8,9 $ 82,118.95 11 PROFIT & OVERHEAD $ 12,317.84 12 BID #2 $ 94,436.79 13 ITEM #3 (BID #1) $ 2g,27g,g0 14 SUB-TOTAL $122,715.59 15 BOND $ 3,067.90 16 TOTAL $125,783.49 17 Deduct for Electrical $800.00 Profit & Overhead $120.00 ($ 920.00) 18 Deduct for Supervision $4,000.00 Profit & Overhead $ 600.OC ($ 4,600.00) $120,263.49 Project: KERR COUNTY MEDIUM SECURITY FACILITY Owner: KERR COUNTY, TEXAS, ACTING THROUGH THE KERR COUNTY COMMISSIONERS COURT Rhodes Construction 1912 Junction Hwy Kerrville, TX 78028 This Bid Includes: (1) Sitework: Preliminary work, demolition & relocate parking stops _ (2) Concrete work: New slab (no sand cushion) (3) Moisture/weather protection: Caulking & sealants. (4) Doors/windows 8 glass; Hollow metal & finish hardware supply & install only. Detention doors/hardware to be put into operation by electrical contractor. (5) Finishes: (1) All drywall, furnished, installed, finished. (2) Acoustical ceiling: demolition, patch, and install new ceiling system where specified only. (3) All painting of flat surfaces (walls, gypboard_ ceilings, all doors, frames, shelving, and toilet screens as may be required. (6) Toilet Room Accessories: Supply & installation of accessories called for on plans or by Mr. Voelkel prior to this proposal. (7) All new walls - no insulation in ceiling (8) All insulation and sound battens in walls (9) Gyprock on exterior walls (10) Plywood on interior walls (11} Tying existing ceiling into new exterior walls (12) Includes shelves and coat hooks (no T.V. stand) (73) Visitor counter and wood dividers (no wine dividers) (i4) Guard counter - no security mesh (15) Vinyl base (16) Clean up our waste and remove from jobsite (17) Construct brick veneer for exterior walls instead of metal siding. (78) We will need to coordinate the scheduling of the job. To prevent one trade from overriding another, and creating turmoil and confusion on the project, which will only prolong the completion. (19) We will not be responsible for payment to any subcontractor, trades or supplier that is not covered under or scope of the work. Such As; Not Responsible For: (1) Sewage pump/demolition, well, lift pump any piping. Project: KERR COUNTY MEDIUM SECURITY FACILITY Rhodes Construction 1912 Junction Hwy Kerrville, TX 78028 (2) Miscellaneous metal work, chain link fence or wire mesh, except for painting metal work. (3) Heating, cooling & ventilating (4) Plumbing - cutting or replacing concrete or any walls (5) Electrical - cutting or replacing concrete or any walls. (20} If the other trades will work with us, we will do our best to accomodate them in any way we possibly can. NOTE: Not responsible for damages caused by other trades that we have no control of. Therefore, we expect to be compensated for extra work created by other than our own work force. $ 94,436.79 - $ 28,278.80 $122,715.59 Bond $ 3,067.90 $125,783.49 Deduct ($ 920.00) Deduct ($ 4,600.00) $120,263.49 FIRM • ' ~~es Gam~ercial~Co~nsLtruction y''r-- Lam( I~GL--P / Y /~o~ TITLE• Partner DATE: 4/4/44 Iac1"r1ia C~R L ~~~14fA~E' ~F ~~5~~~E ~- ...DATE (MM/DD/YY).. _. 08/31/93 paooucER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TEXAS NILLS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CER TIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 212 sioNEY BAKER so. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.o. DRAWER 512 I ~_ COMPANIES AFFORDING COVERAG KERRVILLE, TX 78029 I COMPANY (210) 257-1280 .__ __~ I AMERICAN INDEMNITY GROUP A -._ INSURED - __ __ Rhodes Commercial Const, MOC PANY AMERi CAN CASUALTY COMPANY B 1912 Junction Huy ~! COMPANY - -- _ - ~~~- ~- -_ Kerrville, TX 78028 C coMPANr I - D covERaGES' THIS IS TO CERTIFY THAT THE 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 OP OTHER DOCUMENT W17H 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. ` COI ~ TYPE OF INSURANCE PODCV NUMBER LTR pOUCY EFFECTIVE POLICY IXPIRATION ~I~ LIMITS I DATE {MMIDD/YY) DATE (MM/DD/W) '. GENERAL LIABIDTY I - ~ '.. GENERAL AGGREGATE $ 1,000 000 I - '~ , A I x I COMMERCIAL GENE~L UABILm 380 40 36 i 04/09/94 04/09/95 ; PROOUCis-COMP/oP ACG' S 1,000,OW' I ~ cLUMS MADE X I OCCUR _ _ ' Y I L ~. PERSONAL&ADV INJUq S $00,000 OWNER'S&CONTRACTOR'S PROT, N I _ i I EACH OCCURRENCE_ I $ _ _500,000 J __ I '~ FIRE DAMAGE An ane fire ' S $0,000 I MED IXP (Any one person) ~~ $ $, DDD AUT OMOBILE LIABILITY i '~ L ANY AUTO GOMBINED SINGLE LIMIT i$ ' ~ ~ JI ~ ~~ ~~-_-~ _ ALL OWNED AUTOS BODILY INJURY ! ii SCHEDULED AUTOS S ~ (Per person) -~ I r-{ HIRED AUTOS BODILY INJURY ~~ $ I ' NON-0WNED AUTOS ~ (Per accitlenp -_ ~ --- I ' ~;I PROPERTY DAMAGE $ I GARAGE LIABILITY ~' I ~ AUTO ONLY EA ACCIDENT '~. $ '~ ANY AUTO I ', OTHER THAN AUTO ONLY, j _ _ r ~ ' _ EACH ACCIDENT S ~_ AGGREGATE !S IXCESS LIABILITY `EACH OCCURRENCE S UMBRELLA FORM ` f ~ - AGGREGATE S Oi HER THAN UMBRELLA FORM ~ ~, S 'I WORKERS COMPENSATION AND I ', $TATUTORV LIMITS EMPLOYERSWABlLITY ' i ~ ~CH ACCIDENT ~5 7,OOG_000, B '~ rHE PROPRIETOR/ 'i ' INCL I wC 122819220 PARTNERS/EXECUTIVE _ ', 08/10/93 08/10/94 '. DISEASE-~POUCY OMIT 's 1,000, 000 I OFFICERS ARE: IXGL _ _-_. _ ,DISEASE-EACH EMPLOYEE 5 _ __ 1,000,000 OTHEfl I j DESCRIPTION OF OPERATIONS/tOCATIONSNEHlCLES,bPEC1ALlTEMS CERTIFICATE kOLDER '. CANarELtArION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Kerr COUMy 1O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, C/0 Del lie Voelkel BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION qR LIABILITY 212 Clay Street OF pNY KIND UPON THE COMPANY, ITS AGENTS OR REPRFBENTATIVFS Kerrville, TX 78028 AUTHORIZED REP SE TIVE ~, ! '' AA~~ ~..~n) L2~C.GL~ tAG9RA25~~.5'.53/93) ~+~ ~rrw.++--"' rg AC~1RD~QlfPOftATiON 5993 ' FARM BUSINESS AUTO COVERAGE FORM DECLARATION ~-^~ ~^ I 20`926078 `7 BUREAU ~I TEXAS FA..., BUREAU MUTUAL INSURANCE L IPANY TEXAS! P.O. BOX 2689 WACO, TEXAS 76702-2689 81 133 17699 -J CALL YOUR AGENT AC 210 895-2525 FOR AUTO-FIRE-LIFE-HEALTH INSURANCE '.~~.E DECLARATIONS OF THIS POLICY INDICATED HEREIN ARE SUBJECT TO ALL OTHER TERMS AND CONDITIONS OF THE POLICY AND FEV.~aCE ALL PREVIOUSLY ISSUED DECLARATIONS AND SHOULD BE ATTACHED TO AND BECOME A PERMANENT PART OF YOUR POLICY IN F~'TURN FOR THE PgYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY ITEM ONE Named ROCKY RHODES Insured DBA RHODES CONSTRUCTION And 1912 JUNCTION HWY Address KERRVILLE TX 78028-9301 III„II,EII~Ir,r„~,~I„I,IIIt„,Ii,~l,,,ll,Ilt,t~llEltllllt,I FORM OF BUSINESS: INDIVIDUAL POLICY PERIOD: ITEM TWO From 0 3/0 7/94 ro 0 9/0 7/94 SCHEDULE OF COVERAGES AND COVERED AUTOS tr.Ot A.M staneara nms at tna aaarasa of Ina namaa intmnC „ alataE Main Tnis polity provi0es only those coverages where a charge is shown in the Dremmm column below. Each of these coverages wNl apDIY only to chose autos shown as covered autos. Autos are shown as covereo autos for a particular coverage by the entry of one or more of the symbols Irom the COVERED AUTO Section of the Business Auto Coverage Irom next to the name of the coverage COVERED AUTOS- COVERAGES IE".w i+`."e,'n n,. covEnEO AU~OS $anion el tM Busina . LIMIT THE MOST WE WILL PAY FOR ANY ONE PREMIUM A°t~'II;°,a ; ;d ;o ;,K"t`^ ACCIDENT OR LOSS LIABILITY BODILY INJURY/ 7,8,9 S 100x000 EACH PERSON/ S 300,000 EACH ACCIDENT PROPERTY DAMAGE S 100,000 EACH ACCIDENT S 340 PERSONAL INJURY PROTECTION see En°°s°mem TE0401C S 5,000 S 30 AUTO MEDICAL PAYMENTS - - UNINSURED/UNDERINSURED $epEntlO's°'"°"t_ MOTORISTS TE0409C S 100,000 EACH PERSON/ BODILY INJURY/ S 300,000 EACH ACCIDENT PROPERTY DAMAGE S 100,000 EACH ACCIDENT S 93 COMPREHENSIVE COVERAGE 7 SEE SCHEDULE DED. FOR EACH COVERED AUTO, BUT aciuat NO DED. APPUEB TO LOSS CAUSED BY FIRE OR LIGHTNING S 17 O ~a Q D V Q SPECIFIED CAUSES OF LOSS COVERAGE cases VawE oa c°sr or I Sts D,000tiDb FOR EACN COVERED AUTO FOR LO55 REHaia N ~ . i CAUSED BY MISCHIEF OR VANDALISM WHiCHEV EP i 0 COLLi$ION COVERAGE 7 iM iuFU SEE SCHEDULE DED FOR EACH COVERED AUTO a SEE ITEM ENDR. FOR HIRED OR BORROWED AUTO $ 1 1 4 TOWING AND LABOR $ for each disablement of a prrvate passenger auto PREMIUM FOR ENDORSEMENTS S 34 FORMS AND ENDORSEMENTS APPLYING TO THIS POLICY AND MADE PgRT OF THIS POLICY AT TIME OF ISSUE ESifMATED TOTAL PREMIUM S 7 B I A 1 IL0021, TE9960A, TE0401C, TE9978A, TE0409C, TE2329A, TE0406B N 0 2 IL0021, TE9960A, TE0401C, TE9978A, TE0409C, TE2329A, TE0406B ATTACH TO FORM TE 0 0 0 1 TO COMPLETE POLICY PREMIUM NOTICE f BLW 133 RENENAL PREMIUM ................../....... .. .. .. .. ... ...~.... ... ..... S 781.00 AUTOMOBILE THEFT PREVENTION AUTHORITY FEE (SEE ENCLOSED EXPLANATION] 5 1.00 TOTAL PREMIUM ................... ............. ...... ....... ......... S 782.00 SEE ATTACHED PLEASE PAY AMOUNT DUE ON OR BEFORE DATE DUE ---- 17699 081393 20926078 VV23 GNW5 002 494 m°d .,urea ROCKY RHODES PAGE 2 OF 2 209260?8 EM TH0.EE-SCHEDULE OF COVER ED AVTOS YOU OWN Y SYM TERR. N.O N.O. E c. CT AR YEAR TRADE BOD IDENTIFICATION NO. ORIGINAL COST NEW acme x>. Lxl 1 a 52 MODEL NAME STYLE c t Vs a rm 1 92 1 4 CHEY TRUGK 7.32b8.._ 4~2NZ1 1GCDG1 .. 12,..000 _ 08..... .64 3 _ ..._ = 1 2 .. . 1.4.42 CHEV ._.. TRUCK-._._ . . 1GCA.C.1-4Z7NZ._174478 ,.. . 12.,-000 08... ..b4 3. _... : • t, „ Irlt ,..ll.,lt Except for towing all physioal Damage loss Is pays Dle to you and the loss Raews er wzm.xs use Sise GVW GCW aye Primary Rttinq Secondary CLASS payee named Gelow as iNerests may appear at Ilse time of the loss CAR oparatlrn ~ •rac< , or Vehicle treu Frctor Rttinp CODE Un u] ~rclal Setting CaPac ty L lab. PAY. Dvaya Fervor 1 LIGN I 3 -- -- _.... D_11.890 ..._. .... BA NK ^F._.KERRVLLLE . 2.... _ _.. _....__ _ ._.... .. LLGHT 3 .._ ...... 0.1.1.8.9-. _._. ._ BANK. DF.__KERRVIL.LE _ ........ __ CO'JERAG ES-PREMIUMS. LIMITS AND DEDUCTIBLES IADCenu of a tletluttibb Or NmR amry in arty column below means IMt the M1mn or detluctible amry in IM corresponeilp ITEM TWO column rDPho Inttue LIABILITY Pf R50NAL AUTO ME ICAS UNINSURED/UNDERINSURED cOXpRFxFxfIYF SPECIFIED CAVSES COLLISION L• g iDw,nO a TOTAL PREMIUM INSURV D MOTORISTS of wss ENDR. Laoor Pno*ECnorv env MENTS L,ma starve LIMIT umlt sat ..... ~ SEE DECLARATION . .. ,. ~ .. ~~~~ ~~-~~~~~~~~~~ SEE DECLARATION _. ..... ..- --- m --- FOR LIMITS OF -------.. .------- FOR LIMITS OF ------...-- ------- ---- ..._.. .. ._ .. ..-_..--_...._ `~ LIABILITY F_ : LIABILITY ..__..._..._........._. ... ....................._............ ...._........_._.._...._.._ ...._-. ._..........._ ~, ........... ..-~---..._..._... ._._......._.. .._._.. 1 1 3 2 3 8 . ... 15 .. ._.. 3 3__...._.. 14 ... .._.._ 8 5.... _. 5 7... _..3 7 4 2 ... .. - -. .._..._. . ............1..32.... ....._._..._ . .. _ _ . 38........ ..... 15......... ...... 32......_.. 14... .._.... 85..... ...._. _. 57_. __ .........37.3 ~ - _........_. _.. ...... i _ .. _ . _.... _..... ... ......... .... w 4 __.. _........... . _.. ....r... .... _. __ I TEM FOUR-SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PR EMIUMS. LIABILITY COVERAGE-RATING BASIS, COST OF HIRE STATE ESTIMATED COST OF HIRE FOR EACH STATE RATE PEF EACH SI00 COST OF HIRE FACTOR (IF LIAD. COV IS PFIMARV) PREMIUM S 17 TEXAS Cott o/ hire m ens Lne total amoum you incur FOr Na hire oF'amos- you don L own Inok Includ,ng 'auko% you borrow or rent from your Cannot or employees or then lamely membrsl. Cott o1 hva tloay not Inctutle charges (or services periormetl by motor carriers of property or Dassengarz oRV SiCAL DAMAGE COVERAGE • ITEM SIX -SCHEDULE fOR GROBS RECEIPTS OR MILEAGE BASIS LIABI LITV COVERAGE F xtE PUB LC AUTO OR LEASING RENTAL CONCERNS ::afRas[S LixtT a lxsuu p ' E ulE pxfalux IxF xOSt uE YIIL \ . DEDVCI IaL XINJS DfOV[I18LF FOP Eartl R E 3 FSI INa IFO Vf \RLV Aa IES pAEXIVXE :OnpRENEX$]VE f 4x ICNFVF Is L SS. BVI XO DEDUCI IeLE \ppLIFE 10 LOSS CWSEO GY FIRE COVERED IUtO D GRO55 aCIV\L LLfX . OR IILXININt RfCf Ip15 prr f10D0 eI tress Recelvts a + _ -. VIWE C IIGLf FOR OCN S per Mle LLIILEIY CDYfR\GE aU10 REDIUL pI XF - [NSFE . S GO51 Oi NXICNFVER IS LESE.XINVS S35 DFDU COVERED Nf0 f0R LO55 < USFO GV XlEtx IFF OR VINO\115x D XILF\GF y V Ra 1 p v NI C LO53 L ISIOx G: AE09EA3 1 YNI[xEVER tE Lf SE. IxVS L DfDVe IIRLF 5 5 . FOR E\[x [OV[AFD \V10 S ' ' IOIaL eA EnIUn 1 S s s ^ae Ines box Is net en¢xra, axvs ltu DaxaLE aaelLS en a alrect prlwry MM11s ana eer auramn e mnCltlon anUtl r< O1XER 1XSVAIX[E. any crvene -auto- yeu Nre er Oerrea is ar>ue to ar a uen. nett R.<.mtt eons net mom.: r a e er \. \nxnts reu par to anro>et, ctu.M1nm Dmt, tlrnnn one etnv .emr nrrlars Dparrtln unaer m.ir o.n Iec ey ru[ rvutt R. ae..relslnv A..mx. C. tarn Xnlcn You yernnuntal elrlslan. D. c.D.D. nu. .e nt tn> teept Ilre ana eue anus. si au nnnua preeuntlt La Por tM luunr er nnUl eI autot" aurln9 Ina pell[y ur10e ine lns Issas a [>Dt tnetl tiaat an1rnaantal elrlslen. eil:a^~ :.an tn. tetra er an u.> one e.aa .uor> e.rnerre er m u. •auter rex ]mua or n tae to etMrs earlro Ina prlmy nrlee. VV23 GNW5 002 021494 UNIVERSAL SURETX QF AMERICA 950 Echo La:le, Suite 250 Housto7l, Texas 77024 TEXAS STATUTORY PERFORMANCE BOND (Public Works) BotrdNo.: cox nenzss~ nn KNOW ALL MEN BY THESE PRESENTS: THAT, Rhodes Cotrstrtsetion (hcrcinaher called the PriaYpal), as I`irrcipal. and UNIVERSAL SURETY OF AMERICA, a crnporation organized and Busting under the laws of the State of Texas, licensed W do business in the State of Texas and admitted to mite bonds, as s~ery, (hereinefler called the Surery), azc held and firmly bound unto Kerr Cattntp Cot~i.ssioners Court _(hereinaRercallcdthe Obligee), in thcamount of One Yitmdred Tventp Thousand Tyo Htmdred Sixty-Three ~ 49/100 Doflars (S 120,263.49 ) for the payment whereat, the said Principal and Surery bind themsslves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, fimily by these presents. R'HEREAS, the Principal has entered into s certain contras with the Obligee, dated ~ fot constrttet:ion at Rerr Cormty Medittm Security Pacllity which contract is hereby referred to end made a part hereof as Ivliy and to the same extent as 7f copied at length herein. NOW,THEREFORE,THECONDlTION OFTHI50BLCGATIONISSUCH,Thnt if the said Principal shall faithfully perform the work in arrardance with the plans, tpuiFications snd contract documents then this obligation shat! be null and void; othaaisa b remain in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chaplet 2253 of the Texas Covemment Code and ell liabilities on this bond shall ba determined in amordance with the provisions, conditions and Simitatiotss of said Chapter to the same extent sa if it were copied at length herein. IPl WITNESS WHEREOF, the said Principal and Stacty have signed and sealed this instrument this 8th day of Al,ril , Ig 94 Principal: Rhodes Construction ,-~-'~ ,~ Surety: I7N'iVF.RCAI. CUR .TY AF AME ICA 1 Avortxy-in-Fas~~ Pam Burgess tifNIVERS.AL SURETY OF AMEItIC.~ sso ~. t.ase, sates ~, ~, Ten! reu TEXAS STATUTORY PAYMENT BOND (Preuc works) }3o~t~o_ TX Oj03552 00 KNOW ALL HtEN HY 7HF5E PRESENT'S: ?tjA'[, Rhodes Construction (hereinsfteresllodthe Ptiaapal), u pri»Cipal,aad ITt71VERSAL SUItEI'Y OF AMERICA, a ar,poration orgmized and existing order the taws of the Sutc of Texas, ticwsed to do i> in the State of Tcus sad admitted to wsiu bonds, u smsty, {hcseinafter c3}}ed tht Siaety~ are held sad f>rmly bomrd mgo Kerr CnLmty nmmissione~s urt _ (hereiaa!!ar eaRed the Oblisee~ in the amoaat ofone_lita °~~ - Nanl (i 120.263.49 )for the payttxas wheroof, the said Principal and Surety brad thearselvcs, sad then hdrs, sdorx, exe~on, aaccessots, sad sadgaa, jouaky and acvetn}ty, fim>ty by these presents. W)f~TtEA9, the PrhroSpal hsa ettrered imo a certain con4aa With ttx Obliyegdatedthe day of I9_ for constructiou at Kerr Cotraty 2ieditm Security Fac ty which tontraci is ~Y referred to sad made a part hemof m fully sad to the lime exteui as if copied a2 lrngth hereu+. _ NOW, Z'AET2EFORti, THH CONU["rtON OF'i'HIS OBT.tGATTON fS SUCH, Thu if the said Principe! shall pay alt claamrrtS suppjyeag labec and msur}a! to him or a subcoatraCOr ip the pt»se~oa of the work provided for is said opatipct, then, this obligation tbali be null and void; atherWiu to taaain in fuR force andeffect; PROVIDED, HOWLr VER the this bond is exoavnd pvrs~mx to the ptovialoos of Chapter 2233 of the Texas CwvatnmotR Code snd aU liabilities on this bond shall be deterad~ in accordarxC whh the provisieas, conditions sad ]imitatiaoe of said Chapt4 t4 the same ach>rt as {fit WQC COpled at league berets. iN R7TNESS WHEREOF, the said Principal sad Stmty have !~ sad sealed this imtrtamcra this 8th day p Aril , I9. 94 Ptixipat; Rhodes Construction 13y: sa:ay: i~ aY ~"~ ~ ~ C~~ ~ ~~`. I l 1(l l `~ Aq~,_~~, Pam Burgess '~'IVERSAL SURETY OF AMER-Y-CA I1NI~VERSAL SURETY OF AMERICA P.O. BOX 1068 • Houston, Texas 77251-1068 GFIVERAL POR'ER OF ATTORNEY -CERTIFIED COPY amt tam. T'R 0903552 00 Know All Mtu by These Prtsettts" That UHIVERSAL SURETY OF AM!?ltTCA, a corporation duly organized and existing tinder the taws of the Stele of Tezas, and having its principal office in Houston. Texas, does by thane }awaits make, cons5mte and appoint Pam $llrgess ita trot and lawful Anomey(s)-io-Fact, with fuU power atnJ autbo[iry hereby ca[fcucd iv iu tram{ place and stead, w txecinq actmowledgt nerd dttivu hoods for. - Prtaeipai: Rhodes Consttvetion 061igte: KerrC.o[nuyCorntnissioaersCant A~artt>: 120.263A9 d L~ ._., W ^d w O ~- F-+ Gs] t~ d x W z and iD Dind the company tlmeby as fnAy and m the same extent as if such Goods woe signed Iry the Pteaidrnt, awled with the corporate seal of the company aad duly atttsrcd by its tamary, hereby tattfymg and confuming all that dtt said Auornty(s}in-fact tnay do within the above oared limitations. Said appointtttent is mach t>i>des and by authority of the following resolution adopted by the Board of Directors of Universal Bratty of America at a meeting held on the 11th day of July. 1984. "13e It Rwohed, that ttu Presiders and any Vice President. Sectewry or any Assistant Secretary sha[I bt and is fxreby vested wilt full power and arrdntiry to appoint arty one or more srritabk persons u Anorteey(s}ia•Fact to represent and act for and on behalf of the Company." "RESOLVED than the signanirc of any officer of the corporation, and the stal of the corporarion tray be affixed or p[inted by facsimilie to airy powez of aaormy.nf t~tt corporation, and that suck printed facaimilie signatrQe acrd stn! shall be vabd and Ong upon the cgryoratien." In Wliaess whereof, Universal Surety of America hat nesai ttmae praarts to be signed by hs President, John Knox, Jr. and its corporate seal to be heey at6zed tbla 7th day ofJaattaty, A.D~ 1993. [J[1IVERSAL SI1RE1'Y OF AMF~2ICA •~varr ~ ~~ State of Texan m;r ss: County of Aarris Ja t, Jr. Prosideat On this 7ih day of January, In the year of 1993, before me Angela P. Dtdgie a tantary public, personalty appeared john gaox, Js., personally known to be the person who esernted the within iastrmrtent as Ptr~deat, on behalf of rho corporation tiierem named and adtaowkdaed to me chat the corporation executed it. r ~ ~ ~ ~~ NonrY PabhcPabh° L the undasigrw3 Se:'rsuy of Universal Surety of America, hereby cgtify that the above and fwxgoin$ is a fuA. true sod correct copy of tht OrigmaI Power of Anpmcy ~svaed by said Company. and do hereby fwUtez certify that the said Power of Attomty is still in affect. GIVII~f twctcr my hand and rN~ <«„al of said company. at Iiotts[oo, Tezsa this 8~fEl day of APRII. 19 ~ ~.7~r~~~"~' s~.ry for verification of fix authority of this power you way teiephooe (713) 722-4600_ N1VIRSAL SURETY OF AMERICA lr~ .: ~ i[')ifi~~~ ~~ I~'~7i ~'~"~r~1 ~EIJ~~ ~ ~~ D~ ~ ® r iw I G a~l . 08/31 /93 ~ PaooucER ~~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TEXAS HILLS INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 212 SIDNEY BAKER sD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. p. o. DRAWER 512 COMPANIES AFFORDING COVERAGE KERRVILLE, TX 78029 COMPANY AMERICAN INDEMNITY GROUP (210) 257-1280 A INSURED ' COMPANY AMERICAN CASUALTY COMPANY Rhodes Commercial Const. B '~ _ _ 1912 JDnCt IOn HWy COMPANY Kerrville, TX 78028 Il C _ _ _.- r COMPANY I D COVERAGES :' - .. THIS IS TO CERTIFY THAT THE 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 ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFO RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO~TYPE OF INSURANCE POLICY NUMBED POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/Y11 DATE (MM/DD/YY) GENERAL LIABILITY '~. GENERAL AGGREGATE $ 1,000,000 A ' X COMMERCIAL GENERAL LIABILITY 380 40 36 04/09/94 04/09/9$ PRODUCTS-COMP/OP AGG~ $ 1,000,000 ' CLAIMS MADE ~ OCCUR PERSONAL&ADV INJURY $ 500,000 OWNER'SBCONTRACTOR'S PROT EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ $0,000 ~. i "' MED EXP (Any one person) $ $,000 ~. AUTOMOBILE LIABILITY '. COMBINED SINGLE LIMIT $ ANV AUTO F ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS I ' '~. BODILY INJURY $ (Per accident) I I NON-OWNED AUTOS mo.: ~ I, PROPERTY DAMAGE '~. $ RAGE LIABILIN AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN AUTO ONLY: I' EACH ACCIDENT $ ~. AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE " $ __ UMBRELLA FORM AGGREGATE $ __. _ OTHER THAN UMBRELLA FORM I ~ $ WORKERS COMPENSATION ANO ', ~. STATUTORY LIMITS ' , EMPLDVER$'LIABILITV ~ EACH ACCIDENT ~$ 1,OOD,ODO B '~ THE PROPRIETOR/ ' INCL ~ WC 122819220 08/10/93 08/10/94 ~ DISEASE-POLICY LIMIT 5 1,000,000 - ~- PARTNERS/EXECUTIVE OFFICERSARE: IXCL '. '" DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER i I DESCRIPTION OF OPEFUITIONS/LOCATIONSNEHICLES/SPECIAL ITEMS G~t'tTI~ICATE tIOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Kerr COUnty 1O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, C/0 Del lie Voelkel BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION QR LIABILITY 212 Clay Street OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRPSENTATIVES. Kerrville, TX 78028 AUTHORIZED REP E TIVE ACti3RD25~9{} OACGF1tiC PORJiTtOMt9~t BUSINESS AUTO COVERAGE FORM DECLARATION P° ° NUMBEH °E~_ " FARM _ _. zo926o7a 7 BUREAU TEXAS FA BUREAU MUTUAL INSURANCE L IPANY TEXAS P.O. BOX 2od9 WACO, TEXAS 76702-2649 pAGE31 OF 7299 CALL YOUR AGENT AC 210 895-2525 FOR AUTO-FIRE-LIFE-HEALTH INSURANCE THE DECLARATIONS OF THIS POLICY INDICATED HEREIN ARE SUBJECT TO ALL OTHER TERMS AND CONDITIONS OF THE POLICY AND REPLACE ALL PREVIOUSLY ISSUED DECLARATIONS AND SHOULD BE ATTACHED TO AND BECOME A PERMANENT PART OF YOUR POLICY IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY ITEM ANE ROCKY RHODES Named DBA RHODES CONSTRUCTION Insured 1912 JUNCTION HWY qnd KERRVILLE TX 78028-9301 Atldress Iltttlltl~tlltttttltllttltltlltll~~tl~ttttttllaa,lltt~t~ltlttl FORM OF BUSINESS: INDIVIDUAL POLICY PERIOD: ITEM TWO From 03/07/94 To 09/07/94 SCHEDULE OF COVERAGES AND COVERED AUTOS 120t A.M atanaaN nma at tns aaEnss or tna namse imuntl es sutsC nanin. This policy provides only those coverages where a charge is shown in the premium column below Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols lrom the COVERED AUTO Section of the Business Auto Coverage from neM to IDe name of the coverage. VERED AUT O S C O LIMIT _ _ COVERAGES' ~ u+ ~ V I~ t~m5uli ~frmm~ Ms~OVENED I r e m `I' 'THE MOST WE WELL PAY FOR ANV.4NE AREMIUM rosss« on ° SEE DECLARATION , , '..'.'.... -'~ SEE DECLARATION . --, ........ . sQ FOR LIMITS OF -' "~" FOR LIMITS OF ""' ~~~~` ""' '~ ~ ~~ ~ ~ ~~~ ~-""~ .__,. ,,,,,.. J J . .~ ..... ...... .. ..~.. ~........... LL ..... LIABILITY ...... ... _ . LIABILITY o ........ ............. ......... ....- ........ ..... ..... 1 . . .....1.3.2 38 15..... .. 33 _.. 14 85 .... 57..... . ....374 2. . .....1..3.2 38 15..,. _ 32 .. 14 _. 85 .... 57..... . 3.73 w _ _.. __ a ITEM FOUR-SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS, LIABILITY COYERAG E-RATINO BASIS, COST OF HIRE STATE ESTIMATED COST OF MIRE FOR EACH STATE RATE PEF EACH $100 COST OF HIFE FACTOR (IF LIAR. COV IS PRIMARY) PREMIUM TEXAS S 17 Cost of hire means tM total amount you incur for txe Mre of "emoz' you don't own Inol inclutllnq "auras InduEa cM1argas for services perlormeE by motor carriers of proDeM or passengers " you borrow or rant from your partners or em0loyaec or Chair family mam0ersl- Cost of hen Eon not • rAHV SiCAL DAMAGE COVERAGE • ITEM SI%~SCNEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS-LIABILITY COVERAGE cavfa.LES Llnn OF IxsuAAxcE iME x051 uF xlLl pRe UEUUt 1IBtE Pa IE PAFxtux PUBLIC AUTO OR LEASING RENTAL CONCERNS , n INUS S OEOV[1IBLF FOR Exfx 5 xxltxlvEA IS LFSS ESI IMa TEO YFRAL Rx tFS PPEXIUNS [OxpxfxFN51YE ICIUAL , COVERED aJIO, RUI MO OEOUCIIBLf xppLIES i0 LO55 CLUSEO BY FIRE O n053 Cxix OR L LNIN1NG RECFtp1F par 51000 0l 6ross R¢alPts VxLUF E cOR Fa[N 5 B per Xlle LIxLfLI1Y ®issioaers Conn (herrinafter called the Obligx), in themtount of One Htmdred 1w*enty xhottsand Tvo Hundred Sixty-Three 6 49/100 fMttars (;_ 120,263-49 ) for the payment whereof, the said Prirxipal and Surety bind themselves, and they heirs, administrdors, executors, successors, and assigns, jointly and severally, fumly by these presents. WHEREAS, the Principal has entered into a etrtain cantratt with the Obligee, dated __ for eonstruction at Rerr Cotmty Heditm Security Facility which contract is hereby referred to and made a part hereof as fully and ro the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OFTHIS OBI,IOATION IS SUCH, That if the said Principal shall faithfully perform the work in accordance with the plena, speeification: sod contract documents ttirn this obligstion shall be null end void: otherwise to remain in full forco and effect; PROVIDED, HOWEVER, that this bond is executed prasuant to the provisions of Chapter 2253 of the Texas Covczumtnt Code std all 1'uabifities on this bard shall be determined in accordance with the provisions, conditions and limitatiore of said Chapter to the same extent as if it were copied at length herein. UV WITNESS WHEREOF, the said Principal and Surcty have signed and scaled this insurrmant this _ gtT1 day of April ,I9 94 Ptirtcipal: Rhodes Construction ~~`A Surety: sy: ~ ~ ~ ~ ~ 1L~? (~ r :~, Attorney-in-Fact ' Pam Burgess a; UNIVERSAL SURETY OF AMERICA sso Eei. Lars. swe. ur,;dodwa, rya reu TEXAS STATUTORY PAY14IE1N`C BO1~IU ~~ works) Bo~No_ mx ne23g52 00 K1~W ALL l~fE)V BY TFIfiSE PRESENTS: TjjAT. Rho es t;oIISt~sction (baeiasttercalledthe Ptixipal), as principal,add UNtV13t5AL. SIJRSl"Y OF AMERICA, a arporarion org>arred add extsdag miler the laws of dfe Statc of Texss. }i«oaed to dO bo~uess im the State of Tcus and admiaod to write boada, u sasety, {hereinafter oiled the Smexy), ate held aad tmdty hottdd mte Kerr County C.omm3ssione7ES Crum _ (hate eatled the Obligee), in the amotmt ofoae-8u ottsan - Deal (S ~Z53 - G9 ) far ebo paydtedr whereof, the said Principal and Suray bmd tharuelves, and their lasits, sddasa. axee+>fora. attcassots, add astdgm, joittly and aevarolfy, ~Ty by dxta VV1llrtiEAS, t~ 1q_ for _; St which eonhau is hereby taferred m and made a pat hereof 8a f+tliy and to tIx stmt extort as if twged at kagm dendn. NOw, THEREFD1tE, THE CONDITION OF THIS OBd.YGA1'fON IS SUCH, T1rt iftha said Principal shall pay all ,~plyidg labor and maerfal to ham or a sube~tor in the ptostxutiou of the wodc provided for in said ooelilct, then, this obiiga0m than be md1 and void; aherwl:e to tadatie in fire fatt and effecfi, PiK}Vtl)>EU, HOWL VER, tSbd this bend is c+cecoted p> to the provlsiods of Clmpter 2233 of the Texas Govadmrn~t Code and afl liabilities as this bond ahdi 6e dexetmtrted m auArdsnx vvhh the provisiana, conditions std limirasads of sand t~tC Ev tha same eztak as if it wue copied st lei herein. il'1 R'IT'NESS WHEREOF, dte said Pnndpal add surety hate ttl~ed and sealed thts itstitrtmxra thxs $th s~Y Of aril , lq 94 pal; Rhode9 COIIStIllCriOII ~Y: ln~. M+ wL sr rat: tv of t~tt~ tr', ~ ~, ~ ~` ~ ~ y^°+-~' Pam Surge c ~. `ICVERSAL SUAETY OF AMER~-~' UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Hotiston, Texas 77251-106% GENERAL POR'ER OF ATTORNEY - CERTIFfED COPY am.w®e., 17L 0971552 00~ K,ww All Men by These Preseuot, Tbu UNIVERSAL SURETY OF AMERICA, a coepeaation duty organized and atisting under the Isws of the Stan of Texas, and having its principal ofyu in Hotrsfon, Texas, does by thole presorts make, co~titote and appoint Pam Burgess itt trot arni lawful Atwmey(s)-ihFact. with FuA power and ertrboury 6ezeby coufeaed iv its natri~ plnec oral stead. ao execoGr, admowledge and deiivtr bonds for. psieipat; Rhodes Consttttction Ohiigee_ Kea County Commissioners Cotat Amam>; 120,263A9 C and to bind the thereb as fuIly and to the save extort as if ouch bonds were ~ U ~mp~Y Y signed by the President sealed wifit the corporate ~sl of the ,.~ compmty and duty attested by i~ secrttary, here ratifying sod confirming alt that the said Ata~mey(s}iQ.Fact may do within the atwve stated ~ ~ i~idtions. Said ttppointatettt is made tinder sad by authority Of the following resolution adopted by the Bawd of Directors of Universal Sta'tty of :C W America ar a melting held on tiro I stir day of July, I9ti4. ~y ~ ~ d "Be It Rrwtved riot the President, sad any Vice President Socrctaxy or any Aashtant 5ecraruy shalt he sad is booby vestxd with full power '/~ t:. and authority to appoint arty one ar mom sttitabk persons as Attorttey(s}m•Fact Io rgreesmt and act far and on behalf of the Company:' ,'a O r '„ "RESOLVED that the sigtteAUe of any officer of the corparation, and the seal of the coxitoration may he affixed a ptiated by fecsimitie to any to power of ahomelAnf tyre corporation, and that such pttated facaimilia signattQe and sea! shaD be valid and ttimm~g upon the corporation." ~ tr7 ~ ~ ~ ~ Ia Witads Whereof', t3ttiversal Surety of America hat ceased these presents to be aigotd by its President' John $near, !r. ate ib '3 v^ corporate seat to be herein af57ced tole 7th day of Jartttary, A~~ 1943. ~ .a O d "~ ~ UN[VEI2SAL SLiRE1'Y OF AM1rJZiCA a tx ~ w ~ ~ .vacua ~_ ~ ~~» '~ ~ ~ ~ ~~~ 7r. Prtsi~ ~' State of Texas t st„ County ar Aartis On this 7th day ~ Jantrary, !a the year of t993, before me A~eht P. Dxfgk a ntxary pWt11e appesrad John Jr., personalty known to be ~ person who exaevted the wkhin imirmneat as Prrxtident, tw bdtait the tfueln named and admowted~ri w ate that the eorpnrtiao crawled U. _ ~ : ~.~ T, the urdersignzd Sea.^rcrrary of Universal St>rery of America, beret>ir cutify that the above and frnego' g is a fttII. true and cOtYeeR copy of the Original Power of AnOma¢sssoeYt..bY said Company, sod do hereby futthtr certify teat the said Power oP At+oaney is still in affect. GIVEN +mRkr my hand and tlt~ yralof said cnmpaoy, at Houston, Texas, this BTIi day of ~~- 19_?a e" ~'~~ 9 '. ,~ ~ ,. ~'/.,""n':~'... for verificaAOn of the atnho ' of this er rut' pow you may telephone (713) 722-4600. NIVERSAL SURETY OF AMERICA -.._u...__. W.A< THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L!M!TS SHOWN MAY HAVE BEEN REDUCcD BV PAID CLAIMS. CO TYPE OF INSURANCE PoLNiY NUNBER PoLICY EFFECTIVE POLICY EXPIRITN)N GMRS LTR: GATE (MMtDDfl1~ OATS (MMIDD/V1~ '. GENERAL LIABILRY _. _. _. __. _.. _.__.. _. _. _. __. _. _. _._ _.__.. GENERAL AGGREGATE.. _.. f ___. _. _.. COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPNP AGG. If CLAIMS MADE OCCUR. PERSONAL $ ADV. INJURY $ '. OWNER'S 8 CONTRACTOR'S PROL EACH OCCURRENCE ' f FIRE DAMAGE (My one fire) '. f MED. EXPENSE (Any one perepn) q . _... _ ............. _._ _.. _..AUTOMOBILE WBILRY _. _. _. _.. _. _._ _. _._ _.__ __. _.. _.__.. COMBINED SINGLE __. _. _.__ _. _.. ANV AUTO ', LIMIT ''-S ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUT0.R GARAGE LIABILITY EXCESS LNBILRY A UMBRELLA FORM EMPLOYER EXCESS IND ][ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATN)N TX NON-SUBSCRIBER AND EMPLOYERS' LIABILTY OTHER B OCCUPATIONAL SR 009089794 ACCIDENT POLICY DESCRNRK)N OF OPEIIATN)NSILOCAl10NS/VENN;LES/SPECNL REVS KERR COUNTY COMMISSIONERS COURT KERR COUNTY COURT HOUSE 700 MAIN ST. KERRVILLE TX 78028 BODILY INJURY (Per persons) f BODILY INJURY (Per eccvJenp f PROPERTY DAMAGE $ EACH OCCVRRENCE $ 1, 0 0 0, 0 0 :07/01/93 07/O1/94:AGGREGATE $ 1,000,00 STATUTORY LIMITS EACH ACCIDENT 'S DISEASE -POLICY LIMIT 'E DISEASE -EACH EMPLOYEE § '':02/01/94 02/O1/95'RENEWAL- 150,00 :MONTHLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. UTHOR~D REPRESENTATIVE _ ~1~-~.Hn~t AGREEMENT STATE OF TEXAS § COUNTY OF KERB § KNOW ALL MEN BY THESE PRESENTS: That on the 12th day of April, 1994, the Kerr County Commissioners Court, by Court Order No. 21951, accepted a NEGOTIATED BID PROPOSAL from COMPTON'S OF KERRVILLE for the construction of the KERR COUNTY MEDIUM SECURITY FACILITY beneath the present Kerr County Courthouse Annex, in the City of Kerrville, Kerr County, Texas. THIS AGREEMENT, is made and entered into by and between KERR 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 COMPTON'S OF KERRVILLE, of the City of Kerrville, County of Kerr and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WZTNESSETH: 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 Contract Documents, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the work designated as DIVISION 16, ELECTRICAL for the CONSTRUCTION OF THE KERR COUNTY MEDIUM SECURITY FACILITY, hereinafter called THE PROJECT, in the total amount of THIRTY THREE THOUSAND FIVE HUNDRED FIFTEEN and NO/100 DOLLARS ($33,515.00) as provided in the Contract Documents, and all extra work in connection therewith, under the terms as stated in the CONTRACT DOCUMENTS 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 herein, and in accordance with the CONTRACT DOCUMENTS, each of which has been identified by the CONTRACTOR and the PROJECT MANAGER, together with this signed AGREEMENT, 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 SIXTY (60) 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 amount shown in this AGREEMENT, which forms a part of the CONTRACT DOCUMENTS, such payments to be subject to the provisions of the CONTRACT DOCUMENTS. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this day of April, 1994. 2°~ KERR COUNTY COMMISZONERS COURT Party of the First Part (OWNER) By: W. G. STACY Kerr County Judge COMPTON'S Party of t By: Name Title: OF KERRVILLE he Second Par ONTRACTOR) .comp , Owner Approved as to form and content: ~~i~A DAVTII'MOTLEY Kerr County Attorney Apri~-i-99'~ FilrDay o p.D. I9 PA .a Oy - :~ ~Do . po ounry. texas By Dep~{y (/ A-2 AGREEMENT STATE OF TERAS Q COUNTY OF KERB $ KNOW ALL MEN BY THESE PRESENTS: That on, the 23rd day of March, 1994, the Kerr County Commissioners Court, by Order No. 21912 accepted the BID PROPOSAL of JOHNNY STAPP PLUMBING CO. attached hereto as part of the Contract Documents for the CONSTRUCTION OF THE DIVISION 4, SEWAGE PUMP AND DIVISION 15, PLUMBING portions of the KERR COUNTY MEDIUM SECURITY FACILITY beneath the present Kerr County Courthouse Annex, in the City of Kerrville, Kerr County, Texas. I. PARTIES THIS AGREEMENT is made and entered into by and between KERR COUNTY COMMISSIONERS COURT (hereinafter "OWNER") of the County of Kerr and State of Texas, acting through its Judge, W. G. Stacy, thereunto duly authorized so to do, and JOHNNY STAPP PLUMBING CO. (hereinafter "CONTRACTOR") of the County of Kerr and the State of Texas. II. SUBJECT MATTER WITNESSETH: That for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed herein and in the Contract Documents, CONTRACTOR hereby agrees with OWNER to commence and complete the CONSTRUCTION OF THE DIVISION 4, SEWAGE PUMP AND DIVISION 15, PLUMBING PORTIONS OF THE KERB COUNTY MEDIUM SECURITY FACILITY, hereinafter called "THE PROJECT," in the total amount set out in the CONTRACTOR'S BID PROPOSAL, the sum of FORTY-TWO THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($42,400.00), as provided in the Bid Proposal and the Contract Documents, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, unless otherwise explicitly set out herein, and at his own cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and service necessary to complete the said construction in accordance with the conditions and prices stated in the CONTRACTOR'S BID PROPOSAL, this signed AGREEMENT, both attached thereto, of which are made a part hereof and collectively evidence and constitute the Contract Documents. III. OF WORK 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 THIRTY (30) working days after the date of written notice to commence work, subject to such extensions of time as are provided by the Bid Proposal and the Contract Documents. Sheet 1 of 4 IV. PAYMENT The OWNER agrees to pay the CONTRACTOR the total amount agreed to above, ($42,400.00), upon satisfactory completion of the work described in CONTRACTOR'S bid proposal, and written acceptance of same by OWNER or OWNER'S representative, delivered to CONTRACTOR or CONTRACTOR'S designee. Such acceptance shall not be unreasonably withheld by OWNER. It is further understood and agreed that the Owner may pay the Contractor the amount of $16,000.00 upon satisfactory completion of Division 4, LIFT PUMP and written acceptance by the Project Manager, approved by the Kerr County Commissioners -- Court. The remainder of the work, Division 15 PLUMBING, will be paid for in a lump sum of $26,400.00 upon satisfactory completion and written acceptance by the Project Manager, approved by the Kerr County Commissioners Court. _ v. INSURANCE CONTRACTOR shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against all claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, employees or subcontractors. CONTRACTOR'S insurance shall be primary insurance with respect to OWNER, its officials, employees or volunteers. Any insurance or self-insurance maintained by OWNER, its officials, employees or volunteers shall be considered in excess of the CONTRACTOR'S insurance and shall not contribute to it. Further, the CONTRACTOR shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of insurance and endorsements shall be furnished to OWNER and approved by OWNER before work commences. Coverages shall be of the type and in the amounts set out following: 1. Employer's Insurance: Minimum Limits of Liability a. Workmen's Compensation Statutory b. Employer's Liability $100,000.00 2. Comprehensive General Liability: Include Independent Contractor's Liability; Contractual Liability; Completed Operations and Product's Liability; all on the occurrence basis, with Personal Injury Coverage, Owner's Indemnity and broad form Property Damage, except the "XCU" exclusions. Maintain Completed Operations Liability for at least one year after the date of final completion. a. Bodily & Personal Injury: - Each Occurrence: $300,000.00 - Aggregate: $300,000.00 b. Property Damage: - Each Occurrence: $100,000.00 - Aggregate: $300,000.00 Sheet 2 of 4 3. Comprehensive Automobile Liability: Include non-ownership and hire car coverage as well as owned vehicles: a. Bodily Injury: - Each Person: $250,000.00 - Each Occurrence: $300,000.00 b. Property Damage - Each Occurrence: $100,000.00 VI. TIME OF THE ESSENCE; LIQUIDATED DAMAGES CONTRACTOR and OWNER agree that time is of-the essence in this contract, and that the OWNER shall be entitled to collect, as liquidated damages, the sum of $100.00 per day for each day that CONTRACTOR'S work remains unfinished after passage of the original amount of time allotted under this contract for completion of the work. KERB COUNTY may withhold from the CONTRACTOR'S compensation such sums as liquidated damages. VII. NOLD usu~rt.r?SS AGREEMENT CONTRACTOR agrees to and shall indemnify and hold harmless the OWNER and its officers, agents and employees, from and against any and all claims, _losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by CONTRACTOR under this Agreement. VIII. WARRANTY Upon issuance of a certificate of substantial completion, CONTRACTOR warrants for a period of one (1) year as follows: CONTRACTOR warrants to OWNER that all materials provided to OWNER under this Agreement shall be new unless otherwise approved by OWNER'S representative and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not conforming to these requirements, including but not limited to substitutions not properly approved and authorized, may be considered defective. This warranty is in addition to any rights or warranties expressed or implied by law and consumer protection claims arising from misrepresentation by CONTRACTOR. Where more than a one (1) year warrant is specified for individual products, work or materials, the longer warranty shall govern. This warranty obligation shall be covered by a written Warranty provided by the CONTRACTOR in compliance with the provisions of this agreement. IR. INVALIDITY If any provision of the Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Sheet 3 of 4 The parties shall use their best efforts to replace the respective provision(s) of this Agreement with legal terms and conditions approximating the original intent of the parties. %. ENTIRE AGREEMENT It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statement, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changes or terminated orally. No verbal agreement or conversation with any officer, agent or employee of OWNER, either before or after the execution of this Agreement shall affect or modify any of the terms of obligations hereunder. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this.20~ day of April, 1994. KERB COUNTY COMMISSIONERS COURT (OWNER) ~ ,~,~ By: `7 W. G. Stacy Kerr County Judge JOHNNY STAPP PLUMBING CO. (CON CTOR) ~_ ~, ay: Name: Johnny tapp_ Title: Owner Approved as to form and content: DAV MOTLE Kerr County Attorney April 3" 1994 Filr Dzy A.D. 19 / i PA' it DY' 2i aurC) a r Kcrt .i~zs By _DeCUry Sheet 4 of 4 AGREEMENT STATE OF TEXAS § COUNTY OF KERB § KNOW ALL MEN BY THESE PRESENTS: That on, the 23rd day of March, 1994, the Kerr County Commissioners Court, by Order No. 21912 accepted the BID PROPOSAL of D & D MECHANICAL attached hereto as part of the Contract Documents for the CONSTRUCTION OF THE DIVISION 11, HEATING, COOLING & VENTILATING portion of the KERR COUNTY MEDIUM SECURITY FACILITY beneath the present Kerr County Courthouse Annex, in the City of Kerrville, Kerr County, Texas. I. PARTIES THIS AGREEMENT is made and entered into by and between KERR COUNTY COMMISSIONERS COURT (hereinafter "OWNER") of the County of Kerr and State of Texas, acting through its Judge, W. G. Stacy, thereunto duly authorized so to do, and D & D MECHANICAL (hereinafter "CONTRACTOR") of the County of Kerr and_ the State of Texas. II. SUBJECT MATTER WITNESSETH: That for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the surety bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete the CONSTRUCTION OF THE DIVISION 11, HEATING, COOLING & VENTILATING PORTION OF THE KERR COUNTY MEDIUM SECURITY FACILITY, hereinafter called "THE PROJECT," in the total amount set out in the CONTRACTOR'S BID PROPOSAL, the sum of SEVENTEEN THOUSAND SEVEN HUNDRED AND NINETY-SIX AND NO/100 DOLLARS ($17,796.00), as provided in the Bid Proposal and the Contract Documents, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, unless otherwise explicitly set out herein, and at his own cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and service necessary to complete the said construction in accordance with the conditions and prices stated in the CONTRACTOR'S BID PROPOSAL, this signed AGREEMENT, both of which are made a part hereof and collectively evidence and constitute the Contract Documents. III. OF WORK 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 written notice to commence work, subject to such extensions of time as are provided by the Bid Proposal and the Contract Documents. IV. PAYMENT The OWNER agrees to pay the CONTRACTOR the total amount agreed to above, ($17,796.00), upon satisfactory completion of the work described in CONTRACTOR'S bid proposal, and written acceptance of same by OWNER or OWNER'S representative, delivered to CONTRACTOR or CONTRACTOR'S designee. Such acceptance shall not be unreasonably withheld by OWNER. V. INSURANCE CONTRACTOR shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against all claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, employees or subcontractors. CONTRACTOR'S insurance shall be primary insurance with respect to OWNER, its officials, employees or volunteers. Any insurance or self-insurance maintained by OWNER, its officials, employees or volunteers shall be considered in excess of the CONTRACTOR'S insurance and shall not contribute to it. Further, the - CONTRACTOR shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of insurance and endorsements shall be furnished to OWNER and approved by OWNER before work commences. Coverages shall be of the type and in the amounts set out following: 1. Employer's Insurance: Minimum Limits of Liability a. Workmen's Compensation Statutory b. Employer's Liability $100,000.00 2. Comprehensive General Liability: Include Independent Contractor's Liability; Contractual Liability; Completed Operations and Product's Liability; all on the occurrence basis, with Personal Injury Coverage, Owner's Indemnity and broad form Property Damage, except the "XCU" exclusions. Maintain Completed Operations Liability for at least one year after the date of final completion. a. Bodily & Personal Injury: - Each Occurrence: $300,000.00 - Aggregate: $300,000.00 b. Property Damage: - Each Occurrence: $100,000.00 - Aggregate: $300,000.00 3. Comprehensive Automobile Liability: Include non-ownership and hire car coverage as well as owned vehicles: a. Bodily Injury: - Each Person: $250,000.00 - Each Occurrence: $300,000.00 b. Property Damage - Each Occurrence: $100,000.00 VI. TIME OF THE ESSENCE; LIQUIDATED DAMAGES CONTRACTOR and OWNER agree that time is of the essence in this contract, and that the OWNER shall be entitled to collect, as liquidated damages, the sum of $100.00 per day for each day that CONTRACTOR'S work remains unfinished after passage of the original amount of time allotted under this contract for completion of the work. KERB COUNTY may withhold from the CONTRACTOR'S compensation such sums as liquidated damages. VIZ. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to and shall indemnify and hold harmless the OWNER and its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by CONTRACTOR under this Agreement. VIII. WARRANTY Upon issuance of a certificate of substantial completion, CONTRACTOR warrants for a period of one (1) year as follows: contractor warrants to OWNER that all materials provided to OWNER under this Agreement shall be new unless otherwise approved by OWNER'S representative and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. A11 work not conforming to these requirements, including but not limited to substitutions not properly approved and authorized, may be considered defective. This warranty is in addition to any rights or warranties expressed or implied by law and consumer protection claims arising from misrepresentation by CONTRACTOR. Where more than a one (1) year warrant is specified for individual products, work or materials, the longer warranty shall govern. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with the provisions of this agreement. IX. INVALIDITY If any provision of the Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision(s) of this Agreement with legal terms and conditions approximating the original intent of the parties. X. ENTIRE AGREEMENT It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statement, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changes or terminated orally. No verbal agreement or conversation with any officer, agent or employee of OWNER, either before or after the execution of this Agreement shall affect or modify any of the terms of obligations hereunder. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this ~ day of April, 1994. KERR COUNTY COMMIS IONERS COURT (OWNER) /~ -GG sy: `/G W. G. Stacy Kerr County Judge Approved as to form and content: DAV MOTL Y Kerr County Attorney April ~Z , 1994 D & D Mechanical (CONTRACTOR) Name: Donald Campfhenkel Title: Owner Fil[ D2Y o .D. l1LL ~~„;n DYE u w.,y au 'ur u iry. Texs O:pury By acl~iei~® CERTIFICAI ~ OF INSURANCE PRODUCER THIS CERTIFICAI BiTRTON INSIIRANCE AGENCY P. o. Box 969 KERHYILLE, TX 78029 INSURED Donald Kam~lfh®nkel DBA D & D Mechanical 113 W. Water Street Kerrville, Tx 78028 ISSUE DATE (MMIDD/V V) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE i °rrea"Y A E Trinity IIniversal Insurance Compaq COMPANY B LETTER Trinity IIniversal of $anaaB COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GATE IMM/DD/VV) GATE IMM/DD/VV) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 XXCOMMERCIALGENERALLIABILITY TXP 9837848 08/07/93 pp OV/07/94 PRODUCTS-COMP/OPAGG. $1,000, 0 0 0 CLAIMS MADE XXOCCUR. PERSONAL & ADV INJURY n n n $ 500,000 OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ 50, 0 0 0 yam. ~~_.~~. ~~ ~ _ .~~~~ ~,~ n n n MED. EXPENSE (Any one person) yyy AUTOMOBILE LIABILITY COMBINED SINGLE $ ANV AUTO LIMIT 500,000 ALL OWNED AUTOS TCA 9986328 07/24/93 07/24/94 BODKV INJURY ~(~( SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accitlent) GARAGE LIABILITY EXCESS LIABILITY UMDRELLA FORM OTHER THAN UMBRELLA FORM .A WORKER'S COMPENSATION WC 9985892 AND EMPLOYERS' LIABILITY OTHER 'DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 07/28/93 05/27/94 PROPERTY DAMAGE $ EACH OCCURRENCE $ E AGGREGATE $ i ~STATUTORV LIMITS EACH ACCIDENT $ 500$000 DISEASE-POLICY LIMIT $ 500$000 DISEASE-EACH EMPLOYEE $ 500,000 , Heating, Air Conditioning, Refrigeration and Electrical Work In and Around Kerrville, TX. -0ERTIFICATE HOLDER Kerr County 700 Main Street KeiTVill@, TX 78028 ~ACORD 25-S (7/90) CANCELLATION SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE LyJA» J BIIRTON INSURANCE AGENCY ©ACORD CORPORATION 1990 .. _... AGREEMENT STATE OF TEXAS § COUNTY OF KERB § KNOW ALL MEN BY THESE PRESENTS That on, the 23rd day of March, 1994, the Kerr County Commissioners Court, by Order No. 21912, accepted the BID PROPOSAL of KERB COUNTY WELDING, INC. attached hereto as part of the Contract Documents for the CONSTRUCTION OF THE DIVISION 5, METALS portion of the KERB COUNTY MEDIUM SECURITY FACILITY beneath the present Kerr County Courthouse Annex, in the City of Kerrville, Kerr County, Texas. I. PARTIES THIS AGREEMENT is made and entered into by and between KERR COUNTY COMMISSIONERS COURT (hereinafter "OWNER") of the County of Kerr and State of Texas,-acting through its Judge, W. G. Stacy, thereunto duly authorized so to do, and KERR COUNTY WELDING, INC. (hereinafter "CONTRACTOR") of the County of Kerr and the State of Texas. II. SUBJECT MATTER WITNESSETH: That for and in consideration of the payment and agreements hereinafter mentioned, eo be made and performed by OWNER, and under the conditions expressed in the surety bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete the CONSTRUCTION OF THE DIVISION 5, METALS PORTION OF THE KERR COUNTY MEDIUM SECURITY FACILITY, hereinafter called "THE PROJECT," in the total amount set out in the CONTRACTOR'S BID PROPOSAL, the sum of EIGHT THOUSAND SEVEN HUNDRED THIRTY-ONE AND NO/100 DOLLARS ($8,731.00), as provided in the Bid Proposal and the Contract Documents, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, unless otherwise explicitly set out herein, and at his own cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and service necessary to complete the said construction in accordance with the conditions and prices stated in the CONTRACTOR'S BID PROPOSAL, this signed AGREEMENT, both of which are made a part hereof and collectively evidence and constitute the Contract Documents. III. COMMENCEMENT OF WORK 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 THIRTY (30) calendar days after the date of written notice to commence work, subject to such extensions of time as are provided by the Bid Proposal and the Contract Documents. IV. PAYMENT The OWNER agrees to pay the CONTRACTOR the total amount agreed to above, ($8,731.00), upon satisfactory completion of the work described in CONTRACTOR'S bid proposal, and written acceptance of same by OWNER or OWNER'S representative, delivered to CONTRACTOR or CONTRACTOR'S designee. Such acceptance shall not be unreasonably withheld by OWNER. V. INSURANCE CONTRACTOR shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against all claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, employees or subcontractors. CONTRACTOR'S insurance shall be primary insurance with respect to OWNER, its officials, employees or volunteers. Any insurance or self-insurance maintained by OWNER, its officials, employees or volunteers shall be considered in excess of the CONTRACTOR'S insurance and shall not contribute to it. Further, the CONTRACTOR shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of insurance and endorsements shall be furnished to OWNER and approved by OWNER before work commences. Coverages shall be of the type and in the amounts set out following: 1. Employer's Insurance: Minimum Limits of Liability a. Workmen's Compensation Statutory b. Employer's Liability $100,000.00 2. Comprehensive General Liability: Include Independent Contractor's Liability; Contractual Liability; Completed Operations and Product's Liability; all on the occurrence basis, with Personal Injury Coverage, Owner's Indemnity and broad form Property Damage, except the "XCU" exclusions. Maintain Completed Operations Liability for at least one year after the date of final completion. a. Bodily & Personal Injury: - Each Occurrence: $300,000.00 - Aggregate: $300,000.00 b. Property Damage: - Each Occurrence: $100,000.00 - Aggregate: $300,000.00 3. Comprehensive Automobile Liability: Include non-ownership and hire car coverage as well as owned vehicles: a. Bodily Injury: - Each Person: $250,000.00 - Each Occurrence: $300,000.00 b. Property Damage - Each Occurrence: $100,000.00 VI. TIME OF THE ESSENCE; LIQUIDATED DAMAGES CONTRACTOR and OWNER agree that time is of the essence in this contract, and that the OWNER shall be entitled to collect, as liquidated damages, the sum of $100.00 per day for each day that CONTRACTOR'S work remains unfinished after passage of the original amount of time allotted under this contract for completion of the work. KERB COUNTY may withhold from the CONTRACTOR'S compensation such sums as liquidated damages. VII. HOLD xauTar.FSS AGREEMENT CONTRACTOR agrees to and shall indemnify and hold harmless the OWNER and its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by CONTRACTOR under this Agreement. VIII. WARRANTY Upon issuance of a certificate of substantial completion, CONTRACTOR warrants for a period of one (1) year as follows: contractor warrants to OWNER that all materials provided to OWNER under this Agreement shall be new unless otherwise approved by OWNER'S representative and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not conforming to these requirements, including but not limited to substitutions not properly approved and authorized, may be considered defective. This warranty is in addition to any rights or warranties expressed or implied by law and consumer protection claims arising from misrepresentation by CONTRACTOR. Where more than a one (1) year warrant is specified for individual products, work or materials, the longer warranty shall govern. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with the provisions of this agreement. IX. INVALIDITY If any provision of the Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision(s) of this Agreement with legal terms and conditions approximating the original intent of the parties. X. ENTIRE AGREEMENT It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statement, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changes or terminated orally. No verbal agreement or conversation with any officer, agent or employee of OWNER, either before or after the execution of this Agreement shall affect or modify any of the terms of obligations hereunder. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this day of April, 1994. KERB COUNTY COMMISSIONERS COURT (OWNER) ' ~ sy: ~~- i ~~c W. G. Stacy Kerr County Judge Approved as to form and content: 2 DAVID 40TLEY Kerr County Attorney April ~=, 1994 KERB COUNTY WELDI IN~ (CDN~'RACTOR) ~ I ame: James E. Schrimsher itle: President n _IIaY of .~, ~ ' . ray ne% ~;,.y !,rrr ny. Lxas p,. C•PUh L r Tvoe of Insurance Pot c LJQ Owner's Protective Liability Bodily Injury Each Occurrence Property Oamage Each Occurrence Annual Aggregate Builder's Risk Effective Expiration Q~te Date Minimum Limits of j,iability 300,000 3100,000 3300,000 Full Insurable Value 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: Address: Name of Authorized Agent: }~l rn`'iz~:~ J~. '/~ _AiL %t- 21~ ;t ~,-\ Address of Autjhor i zend Agent: ~[~ .~- :J ~ i- 'd ~ ~~' ," ~Z' ~ `; ~ti • rl O Agent's Telephone Number: n~ ) ~~- •~ `;~ ~ Dated this ~_ day o l' ~~ ~-~ 19 ~ Signature ~-f--~ L' =~ i ~~ 1 /L - ~ --~ PRODVCBA TH8 INSUAANCB MARRBTPLACB INC P O 8OX,16D397 AV87IN T% 10716-0197 cbas sve-CroDB DB __. ~ ( OOMPANY I BINDBR NO. .._ ( LZNCOI~V IN3URiINCH COMPANY ( LGLA1115080 i ~ ~ ( BFP BCTIVH I BXPIRATI0N I DATB TSMB ( DATE TIME r r ~ I Od/07/9d ( p9:30 [X} AM I 05/07/96 [X] lY'O3 AM I I [ ) en I [ 1 NODN r -'~ I[ ] THI9 BINOHR I6 I88V8D TO eXTBNO C0V8RAG6 IN TH8 AHOVB NANBD I COMPANY P8R BXPSRINtl POLICY N0: II INSURRC ( D83CRIPTT0N OF OPSRATZ ONH/VHHICL83/PAOPBRTY (Including LpC.ILioD) wsLnsgc q n ABAA covNrv wgcnlNC I h N JANRS 8Ct8tIM5H8R DBA 14, [ c r c p P.D. BDX ,,, e1'his (nsurancel..on ract is with an in.,urer not licsnsed 4o transa.,t in.,urnce roll. II AHxxvluns TX 78029-0427~t1t~ and is +sstued and deiivcrcad ~s a surplus Line Coverat,~e pursuant to the Tgia II insurance statu~rs. Tho S,atc; Board of (n3ur2nee does not audst the tin;:ncs review the coiv ncy of the sur(alus lin9s insure[ pravicin~ this coverare, snc,]r: p covHAAGBS CfeMterl under Article 21.2'-C, InsurunCC Coda. Iarticl. LiM.i~2, Insurana0 C~) II TYPH oP INSVRANCe rrEC{uire5 payment~~ /,8~f~en aX On 9r05$ ptn. IDBnvrrxBLel I COIHaUR II I II PRbPHRTY CAV3H3 OP L033 ( T I I I I I II [ ) BASIC l ) HROAD ( ) BPBC I I ( B ! I p II[ ) I ~ , tlBNBRAL LSABTLTTY ( INCLUDING PRODUCTS, C0MPLSTBD (tleNeRAL AG6R8GAT8 $ 300.000 II N(X] CORM BACTAL GBNBRAL LIABILITY I OPERATIONS, 1986/90 OCCVRP.BNCS (PROD COMP/0P8 AGG. $ 300,000 (( ( ) CIa4TNe MADg [X} OCCUR I FORM; $250 DHOVCTI8 L8 P8R 1P8P.9 G ADPIBNG SNJ $ 300,000 II II( ) OwNBk'6 & CONTRAC70R'8 PRCT I CLAIM. POLICY IS GDBJ@CT TD (EACH OCCVRRSNCB $ 700,000 II 'I ) I AUDIT. IBSRB DAMAtlB(Any one £irQ $ 50,000 II ^( ) I RHTAO DATH FOP. CLAIMS MADE: (MBD H%PSN88(Any one Pare)$ _ - eXCLWHD II ~ e _ Q AVTOMOH ILH LIABILITY _ + - _ ICOMBINeD BINGLB LIMI ~$ u ~[ ] ANY AUTO I IBODILY INIVRY (Per Pero)(¢ (( ~[ ] ALL 0NN8D AUT03 ( IgDDI LY INJVRY(PeY Acad)IB II ~[ ] 9CH8AUL8D AVTOB I IPR0P8RTY DAMRG$ (¢ II ~[ ] HIP.80 AlTIO3 ( IHHDICAL PAYMBNTS I§ N (I[ ) NON-ONN80 AUTOS I JPBR90lUU, LNJVAY PP.OT I$ M cAAACH LIABILITY I IVNINSVABD MOTOkxsT IS n a(} I I ($ u AUTO PHYSICAL DAMAGH DBDVCT IHLH I[ ) ALL VHNICLRB ( ] ¢CH8 DUL8O VgHI CLeS I [ ] ACTUAL CASH VAL I b II[ ) C0LLI3ION: I I [ } STATBD AMOUNT (¢ II (([ ] OTHHR THAN COL: I I [ ] 0TN8R I (( N BXCBSR LIABILITY ~ HACN OCCVRRBNCH I I§ n ~(] uMBRBLLA AORM I IAGGP.8GAT8 (¢ p A( ) OTHER THAN VMBRBLLA FORM I ABTAO DATB POR CLAIM9 MADB~ (aBLP-TN8Ok80 RBTBNTION I$ A k --F- I I--n wORKBR'S COMPeNSAT ION I ( ( ] eTATVTORY LIMITB I b AND ( HACN ACCIDENT ($ II p eMPLOYBR'S LIABILITY ( IDYS8A86•P0LICY LIMIT ($ II II [ DI88Aae-HACN HMPLOYRg IS II ~( 8P8CI AL CONDITIONG/0TH8R C0VSRAG88 B u BXCLVDING AS883 T03, 6M PLOYMBNL ReGATeD RRACTIC88, HEALTH HA2AP.D, LEAD, II I LSA88D RM PLOY88S, LIOVOA,HHDICAL, POLLUTION, PVNITIVB DAMAG89. - l $1¢]6 + $300.00 POL P88 + §79.35 S/L TAX + "y1.64 SO FS8 ..§ir716.99 TOTAL nn ~( ¢507.96 MINIHOM BARNHD F88MZlR9 R I - ~ -I NAMB F ADDA888 II ] MORTGAGHB ( ] AODTTIONAL INSURED II ~ ([ j LOSS PAYHH [ ] u II ~ ~( ( LOAN B ~ M II AUTHORSZeD Re PRH58NIATI ~ p I ACORD 75-8 (7 r90) ACOkD COAPORATYON 1990 I LAND ITIONE 7hie company binds the kind (m) of inourancm mtipulated on eha preceding page, The insurance ie aubj ect to the terms, conditions and limitations of she pelf cy (ice) in current use by the company. Tbie binder mey be ceneell ed by the rnaurad by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may bm cancelled by the Company by notice to the Insured in accordance with the pelicy conditions. This binder is cancelled when replaced by a policy If lMia binder in net replaced by a policy, the Company is entitled to charge a premium For the binder according to the Rules and P.etee in u0e by the Company. AFPGICA9tE IN NEVADA Any parson vho refuses to accept a binder which provides covmrags of less than 51,000,000.00 when pre0f 1e required: (A) shall be Finmd not more than 55oa_oD, end (a) in Iiable Co the party presenting the binder as prooF of insurance FoY actual damegee eue- tained the rafMm. ACORD 7EE (2/88) This is an agreement between--L:-„L_L.-~ L~ ~'°~-E /"` "- "~-= an independent contractor, and K rr County This is not an employment contract. The Independent Contractor will; 1. Furnish his own tools and/or equipment. 2. Not receive any employee benefits, i.e.: a. Sick, vacation or holiday pay. b. Employee bonuses or raises. c. Health insurance or pension benefits. 3. Be free to work for other firms, individuals, etc. 4. Be responsible for all applicable taxes, i.e.: a. FICA b. Federal Income Taxes c. Federal and State Unemployment Taxes 5. Provide all applicable Insurance. 6. Turn in bids for each individual job. ~,dNDEPENDENT CONTRACTOR I 1. 2. L-sCI ri ~ ~ ~- KERB COUNTY -~ D TE WITNESS AND DATE ADDRESS _. _ -- ~ INDEPENDENT CONTRACTOR AGREEMENT ~~ ,~ 1 This is an agreement between / ~ ~~ l~ ~~-/~~ ~+ r~ )ti) an independent contractor, and Kerr County This is not an employment contract. The Independent Contractor will: 1. Furnish his own tools and/or equipment. 2. Not receive any employee benefits, i.e.: a. Sick, vacation or holiday pay. b. Employee bonuses or raises. c. Health insurance or pension benefits. 3. Be free to work for other firms, individuals, etc. 4. Be responsible for all applicable taxes, i.e.: a. FICA b. Federal Income Taxes c. Federal and State Unemployment Taxes 5. Provide all applicable Insurance. 6. Turn in bids for each individual job. 7. Payments may be made to Contractor on a weekly or monthly basis upon request. `~ `-~ e -~ INDEPENDENT CONTRACTOR KE COUNTY WITNESS AND DATE ~ 7 - r ~ ,~', __ ADDRESS D TE ADDRESS ~