i'IG?I'ROIJF-1L_ i1 f- ISIii (='RCM H~iciiEFi CChdf_?F'UC'Ti:Chl '=YaR 5?F;EC"k" iid['RC4'Et-'{t.i~il"'~, ;'i'~ ~'ii-iE. FJ'r41 1_i~iW Lt~11T'f7:^t~~l~lc=t,;~l- ;-A!~_IL.II"'r` Un ti'li.s $t-~e StFI day of Se ptemt?er 1~>9~';, ~.Ipcrr; Inoti.on made G;, 1..4:1 r11•_c.-L Oii ELI' ~. E'F'; Ili-Wily 49iCUnC:EG i7 `y LOIYI OIi:>it .l. url i7 i' "tJ ell ~. ~: ~`.~ 'I;, fl is ':::;c,ar unanimously approved by a vote of 4-Qr-r~r, to ~a c::cept tl-~e, ,~~,4..~ rrom t-II_lser~ Cei~c,tr o. c t: !.inl (-0r .>{,r-~e~::~C ir1:F,rc;vc-merit=_; et #~%9y ~ ;I ILA 't i'ij :. •_.. 'd iOr'i ~. ...i./ ... ='.7llt tl':?i'l.CC ~.i ~,: (._Vllilty :.U.; Cj k:' t]p _, =_r'tG i ..3 [:: i., The ~ _~ ~ ~"''7~, FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ompan>es COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOMB OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 BID BOND BOND N0. 95-536 KNOW ALL MEN BY THESE PRESENTS: That we, __HUSER_CONSTRUCTION__COMPANY~_INC._,__P.__0. BOX__765s__KERRVILLE~_TEXAS_____ _ __ _____ (Here insert [he name and address or legal title of the Contractor) 78029-0765 ----________________________________________ ______, as Principal, (hereinafter called the "Principal"), and_FIDELITY AND-DEPOSIT_COMPANY-OF_MARYLAND of Baltimore, Maryland, a corporation duly organized (Here insert the name of the Surety) under [he laws of [he S[a[e of Maryland, as Surely, (hereinafter called the "Surety") are held and firmly bound unto KERR COUNTY, 700 MAIN STREET, KERRVILLE, TEXAS 78028 (Here insert the name and address or legal title of [he Owner) as Obligee, (hereinafter called the "Obligee"), in the sum of__TEH__PERCEIYT__4F__THI b71$GEST_TOTA_L__AMOUNT- BID-----_-Dollars ($__10%________________-_____) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for_____$AJQITARY__SEWAGE__COLLECTION_,_ FOUR__STATES_______ __SUBDIVISIONZ__KERRVILLE,__TEXAS NOW, THEREFORE, if the Obligee shall accept [he bid of [he Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in [he bidding or wntract documents with goal and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution [hereof, or in the even[ of [he failure of [he Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between [he amount specified in said bid and such larger amount for which [he Obligee may in good faith contract with another party to perform [he work covered by said bid, then this obligation shall be null and void, otherwise m remain in full three and effect. _..~INIIIIUe._ Signed and sealed this----_______4TH_____ ~• ~~ 4t~!.py~D. 1995__ -_---day of__ _ __-_-SEP --- .. r., ` HUSER___C__ONST1aJ J clP~~-_(StA~) J --- .., FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASIyALTY AND SU~E'fY COMPANY ~i ---_- ________ __ _ _ _----_-_ - ________--_ BY 1 ~- . ~T~" r ~ `'~ (SEAL) wimrss Attpr ey-in-Fact Tide 025M1IT%1-51X1, II-91 ?950)) ~ , Cunlionn o Ami ,n Imlmni of Ar.Alliun DOJlln~nl 4 1111 FcM1mary~ 10]11 14111 ..n. / The ~ n FIDE. .'Y AND DEPOSIT COMPANY OI' .AARYLAND eyJJ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY CoTpan~s HOME OFFICES. BALTIMORE, MD ?1201 BOND N0. 95-536 POWER OF ATTORNEY KNOW ALI. MEN BY TREtit. PRILSFN'fS. That the Futf.Ln~S nNO DLrutirr COA7PAN1' nF Mnevl.ANO. and the CULUN LV. AMr.RU~nN CASUALTY ANU StIRISTS' CfJM P.AN S', a>rp(ttatlOnS tll the Sla[C ttl Mar}'land, by C. M. PECOT, JR. .Vice-Praldent. and C. W. ROBBINS Assisant Scrrcmr}', in pursuance of uuthariq~ grained by Article VL Section ? of the respective By-Laws of said Companies, which arc set forth on the reverse side hcreol and arc hereb} cenilicd to be in full force and et7ect on the date hereof, du hereby nominate, constitute and appoint Vicie Coleman, Phyllis Ramirez, TMargaregtpBfu~boltz, Lynn B. Mathes, Janie Cart~u and Nate Gray, all of Houston, ThextaitSe randTaWful'agedt and Aftonc~y'-in'Faci rif'ut2h; hi tits as its act and deed: any and all bonds and unde the sum of TWO HUNDRED FIFTY THOUSAND of Independent Executors CofJtmunit~ And the ex cation of such bonds or un~ertuktngs in pu s and amply, to all intents and purposes, as it they had the respective Companies at their offices in Baltimo revokes that issued in behalf oYolsl1 ie Phyllis Ramirez, etal, dated 27, I ~cf,'(i5r, $nd ini iti hi half a 'sdrity' Stid n a penalty not to exceed )...EXCEPT bonds on behalf Yvors ommunik~' Guardian ... .. these pr shall be as bi ding upon said ~ornpanies,~as (idly my exec ~ d acknowledged by the regularly elected officers of in [he~ proper persons. This power of attorney Co~a dated June 20, 1989, on behalf of ~9~La and Nancy Gray, dated August 31, 1989. IN WITNESS WHEREOF, the said Vice-Pres~3tand Ass ~ t Secretaries have hereunto subscribed their names and afGzed the Corporate Seals of the said FtoeuTS~sa~aD DEPOSIT NY OF MARYLAND and [he COLONIAL AMERICAN CASU ALTS' ANU SURETY COMPANY II115____________ISt~®~~---- --------- ------day of_-____-- January------------ ------. A. D. 19.92_ ATTEST: FI AND DEPOSIT COMPANY F MAR ' .AND F_bL~ p =SEAL 3 - - ~--~ --- ----- By --------- /- -----' - Assi eereton' ~ -- ce-President ---- -- ~ONIAL AMERICAN CASUALTY AND URETY MPANY ._. ~f/~s\ 1 ,,pp - __ __ _ . ___ ______.____ '4 :-/,,1 Assistant Secremq tre-Presided( STATE OF MARYLAND CITY OF BALTIMORE I SS: On [his 1St day of January . A. D. 1992 ,before [he subscriber, a Notary Public of the Stale of Maryland, in and for the Ciry of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed [he preceding instmment, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himsel(deposeth and with, that they arc the said n(ficers o(the Companies alirresaid. and that the seals affixed to the preceding instmment are [he Corporate Seals of said Companies, and [hat [he said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instmment by the authority and diroction of the said Corporations. IN TESTIMONY W HEREOF, l twvc hereunto set my hand and affixed my Official-~+k~y~f B' ~ no Ih ~ day ~ni (y /y° _"~rsl~ afn»'c wnncn. :~i~e°~+ ~ ~ Ding Public CAROL J. FAD"R (4 .wuc ° °,~° My commtsston ezptres_____Agust_-I-,__ 1992---__- __ _-- CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify [hat the original Power of Anomey of which the foregoing is a full, true and correct copy, is in full force and effect on tho date of this certificate; and I do further certify that the Vice-Presidents who cxcwtcd the said Power of Attorney were Vice Presidents specially authorized by the Board of Directors to appoint any Anomey-in-Fact as providwl in Article VI, Section 2 n( the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIUELITY ANU DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held nn the 5th day of December, 1991. RESOLVED' "Thal the facsimile or mechanically reproduced signature of an}' Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of atlomey issued by the Company, shall he valid and binding upon the Com- pany with [he same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affxed the corporate seals of the said Companies, this -4TH---day of_- -----SEPTEMBER--------- 19___95 ]70-0965 Assistant Secretan~ IMPORTANT NOTICE To obtain information [o make a complaint: You may write: TEXAS DEPARTMENT OF INSURANCE P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX 11(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact John L. Wortham & Son, L.L.P. first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ~_~~~ BID PROPOSAL Revised August 15, 1995 Project: KERR COUNTY LAW ENFORCEMENT FACILITY Owner: KERB COUNTY, TEXAS Bid Opening: September 5, 1995 ITEM DESCRIPTION UNIT ESTIMATED UNIT AMOUNT N0. QUANTITY BID PRICE SANITARY SEWERS 1 8" SDR 26 PIPE MAIN 6' - 8' L.F. 675 $ ~2,~ $ S~~ ~4, O~ 2 MANHOLE 8' DEPTH EACH 2 d~ $ ~~D~Z_ 00 $ 3~ ZZ~, 3 CLEANOUT W/C.I.'BOOT 8' DEPTH EACH 1 $ (pro. ~ $ ~ g(p . ~ 4 6" P.V.C. SDR-26 SERVICE EACH 1 ~ '7~~` 00 ~ $ = $ ~-rf l , S ROCK EXCAVATION C.Y. 50 $ ~j~, 20 $ ~ ~ S~oO. o0 6 TRENCH SAFETY 48 o0 PROTECTION L.F. 675 $ z . $ ~ ~, q-, TOTAL SANITARY SEWERS. . . . . . . . . . . . . $ i~~-4ro, GCS WATER'DISTRIBUTION 1 6" CLASS 200 C-900 P.V.C. PIPE L.F. 675 $ I7j.02 $~-°-- 2 6" GATE VALVE EACH 1 $ ~~. $~oo 3 2" BLOW-OFF EACH 1 $ 3~ ~ . ~ $~Q,_~ k 6" CLASS 200 C900 ~ ~ P.V.C. PIPE SERVICE EACH 1 $ ~p2D, $ ~pZQ, 5 6' C.I. M.J. CAP EACH 1 $ 124•x- s X24 °' 6 ROCK EXCAVATION C.Y. 20 $~2° $ , ~, ~ TOTAL WATER DIS TRIBUTION. f I ,.,^ , .$ 11 , /`l~-t"(p, Page 1 of 3 ITEM N0. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT BID PRICE AMOUNT STREET IMPROVEMENTS 1 SUBGRADE PREPARATION S.Y. 3,749 $S,z~ ~ $ l9jZS~ 2 CONCRETE CURB AND GUTTER L.F. 1, 288 $ a ~9 po $ I O, 940 3 6" FLEXIBLE BASE S.Y. 3,163 $ ~•O~O $ 2~J~~}'~t} ~ ~ ALT: 3a 8" FLEXIBLE BASE S.Y. 3,163 $ ~p,29 $ }~{g,};}t ALT: 3b 10" FLEXIBLE BASE S.Y. 3,163 $ 12.52 $ }t}~}tX,};}{ " ~ ~ ~ ~O ALT: 3c 12 FLEXIBLE BASE S.Y. 3,163 $~ . $ XXXX.XX 4 _ 1~" HOT-MIX ASPHALTIC SURFACE S.Y. 3,163 $ ~,~ $_23.533,°D- TOTAL STREET IMPROVEMENTS. TOTAL ALL WORK. . $ ~ D , Any work not specifically provided for in the Bid Proposal and necessary to totally complete the work shall not be paid for directly, but shall be considered incidental to other related items of work and the cost thereof shall be included in the unit prices bid therefor. I, or we, having examined the construction drawings and visited the site of work, and being familiar with all of the conditions surrounding the construction of the proposed improvements including the availability of materials and labor, hereby propose to furnish all labor, materials, tools, equipment and superintendence necessary to complete the work in strict accordance with the BID DOCUMENTS. It is understood and agreed that the above quantities may be varied in any amount at the option of the OWNER at the above unit prices without renegotiation thereof, in accordance with paragraph "5.02 ESTIMATED QUANTITIES" of the General Conditions in the Construction Specifications. I, or we, agree to begin the work within five (5) calendar days after receipt of a written notice to proceed and to fully complete the work in ~E 1'~l.lrlDt~Y~'T~f'Y~IY FlV~ ( I3cJ' ) calendar days. Each day the CONTRACTOR cannot work due to inclement weather will be allowed as a basis for extension of the time for completion of the work, if verified in writing by the ENGINEER. Page 2 of 3 I, or we, further understand and agree that LIQUIDATED DAMAGES for each calendar day of delay or incompletion of any work beyond the completion date; the CONTRACTOR shall pay KERR COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. Firm: By.~ Title: Date: Page 3 of 3 BID PROPOSAL Revised August 15, 1995 Project: KERB COUNTY LAW ENFORCEMENT FACILITY Owner: KERB COUNTY, TEXAS Bid Opening: September 5, 1995 ITEM DESCRIPTION UNIT ESTIMATED UNIT AMOUNT N0. QUANTITY BID PRICE SANITARY SEWERS 1 8" SDR 26 PIPE MAIN 6' - 8' ~ L.F. 675 $ (,2,~ $ 8~, (pl, ~ 2 MANHOLE 8' DEPTH EACH 2 07 I~o IZ -' 00 Z~L4 - 3 $ ~ , . $ ~ 3 CLEANOUT W/C.I.'BOOT ' 6' D PT CH E 1 O~ L ~ G'J ' L 8~ ` E H A $ . $ 0 . 4 6" P.V.C, SDR-26 S ~ ~ ~'~ ~ ERVICE EACH 1 , $ , $ . 5 ROCK EXCAVATION C.Y. 50 $ 32.20 Do $ I~8(~J• "- 6 TRENCH SAFETY O P C I 675 2 48 o0 ( 1~}- ` R TE T ON L.F. $ $ 0 , ~ TOTAL SANITARY SEWERS. .$lr,~, , ~~ ''~// WAT ER` DISTRIBUTION I 6" CLASS 200 C-900 P.V,C. PIPE L. F, 675 $ I2j.02 per, $GT 2 6" GATE VALVE EACH 1 00 $~ 00 $~ 3 2" BLOW-OFF EACH 1 $ ~ ~ $ 4 6" CLASS 200 C900 °-° ZO < ~ C ZO P,V,C. PIPE SERVICE EACH 1 , $ O $ O , 5 6" C.I. M.3. CAP EACH 1 $ 42~,°= $ ~ 2 6 ROCK EXCAVATION C.Y, 20 $~2° $ '~~. -' TOTAL WATER DISTRIBUTION. .$ I~T~ Page 1 of 3 ITEM DESCRIPTION UNIT ESTIMATED UNIT AMOUNT NO. QUANTITY BID PRICE STREET IMPROVE MENTS 1 SUBGRADE PREPARATION S.Y. 3,749 $ 5.2~ $~~~ 2 CONCRETE GUTTER CURB AND L.F. 1,288 $ ~49 o0 $~O~ ~ 3 6" FLEXI BLE BASE S.Y. 3,163 $ Q~•O~O $ 25~q~94 ALT: 3a 8" FLEXIBLE BASE S.Y, 3,163 $ gyp. 29 $ XXXX.XX ALT: 3b 10" FLEXIBLE BASE S.Y, 3,163 $12.52 $ XXXX.XX ~ ~ ~O ALT: 3c 12" FLEXIBLE BASE S.Y. 3,163 $~ . $ XXXX.XX 4 lh" HOT-MIX ASPHALTIC 4,4, OC! SURFACE S.Y. 3,163 $~. $~y 533, TOTAL STREET IMPROVEMENTS. $~~, TOTAL ALL WORK. . $ ~ O , °~ Any work not specifically provided for in the Bid Proposal and necessary to totally complete the work stall not be paid for directly, but shall be considered incidental to other related items of work and the cost thereof shall be included in the unit prices bid therefor. I, or we, having examined the construction drawings and visited the site of work, and being familiar with all of the conditions surrounding the construction of the proposed improvements including the availability of materials and labor, hereby propose to furnish all labor, materials, tools, equipment and superintendence necessary to complete the work in strict accordance with the BID DOCUMENTS. It is understood and agreed that the above quantities may be varied in any amount at the option of the OWNER at the above unit prices without renegotiation thereof, in accordance with paragraph "5.02 ESTIMATED QUANTITIES" of the General Conditions in the Construction Specifications. I, or we, agree to begin the work within five (5) calendar days after receipt of a written notice to proceed and to fully complete the work in G{„~E ~ pQ,gn-~} FLY( ~~jGj ) calendar days. Each day the CONTRACTOR cannot work due to inclement weather will be allowed as a basis for extension of the time for completion of the work, if verified in writing by the ENGINEER. Page 2 of 3 I, or we, further understand and agree that LIQUIDATED DAMAGES for each calendar day of delay or incompletion of any work beyond the completion date;, the CONTRACTOR shall pay KERB COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. Firm: By: Title: Date : `L - 1 .~ i I~ to .~ N0 Page 3 of 3 AGREEMENT STATE OF TEXAS § COUNTY OF KERB § KNOW ALL PERSONS BY THESE PRESENTS: That on, the 5th day of September, 1995, the Kerr County Commissioners Court, by Order No. 22862 accepted the BID PROPOSAL of HUSER CONSTRUCTION COMPANY, INC. attached hereto as part of the Contract Documents for the CONSTRUCTION OF STREET IMPROVEMENTS for the KERB COUNTY LAW ENFORCEMENT FACILITY. 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, Robert A. Denson, thereunto duly authorized so to do, and HUSER CONSTRUCTION COMPANY, 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, 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 STREET IMPROVEMENTS for THE KERB COUNTY LAW ENFORCEMENT FACILITY, hereinafter called "THE PROJECT," in the total amount set out in the CONTRACTOR'S BID PROPOSAL, the sum of SEVENTY THOUSAND SEVEN HUNDRED TWENTY FOUR and NO/100 DOLLARS ($79,724.00), 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 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 SIXTY (60) 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. 1 of 4 IV. PAYMENT The OWNER agrees to pay the CONTRACTOR the total amount agreed to above, ($79,724.00), 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, and maintain Completed Operations Liability for at least one (1) 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 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, not as a penalty, 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. KERR 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. 3 of4 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 contractual 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 changed 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 WnH,F~EOF, the parties to these presents hereby execute this Agreement on this day of September, 1995. KERB COUNTY COMMISSIONERS COURT (OW1QE R ert A. e on Ke r County Judge HUSER CONSTRUCTIOj~ (COST-RA'C^0$lj ~ INC. Approved as to form and content: DA D MOTL Kerr Coun Attorney September ~, 1995 Name: St~Jfe (Fuser Title: esident ~~,~,'~ , 4 of 4