ORDER NO. 3669 AP'P'ROVAL OF CHANGE ORDER IN THE CONTRACT WITH Wi.C.H. CONSTRUCTION On this the 29th day of October 1996, upon motion made by Commissioner Holekamp, seconded by Judge Robert R. Denson, the Court unanimously approved by a vote of 5-@-0, the change order in the contr^act with Wi.C.H. Constr^uction for the amount of X1,763.00 as recommended by the Rrchitect and authorize the County Judge to sign same. ~~iid-Continental 400 /i Hur~su,ro', P.O, Box 429, Fnm' Scnrr KS 66'61 Paorve: 11161 223-3766 Pnx (3161 223-5052 TRANSMITTAL TO: KERR COUNTY CLERK KERR COUNTY COURTHOUSE 700 MAIN STREET KERRVILLE TX 78028 DATE 11/6/96 RE: RENOVATION TO KERR COUNTY COURTHOUSE KERRVILLE, TEXAS DATE COPIES DESCRIPTION 11/5/96 1 PERFORMANCE BOND 11/5198 1 LABOR & MATERIAL PAYMENT BOND 1 t/5/96 1 CERTIFICATE OF INSURANCE REMARKS: CC: Bob Musch Gary Campbell RESPECTFULLY YOURS, N/ C ~ / ~ / ~~L-,u, vC ~J~l ~~ r 7~ ~/ ~ Yn xnar'a,v, SD Jn cti su n'vriie, //. /.v nrn,vn rut i J 't t7 Bond No. P2505759 RELIANCE NA'1 TONAL INDEMNIZ t COMPANY PHILADELPHIA, PENNSYLVANIA PERFORMANCE BOND TEXAS-PNIVATE WORK KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or iegal title of Contractor) Mid-Continental Restoration Company 400 East Hudson, Ft Scott, KS 66701 as Principal, hereinafter called Contractor, and, RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surely, hereinafter called Surety, are held and firmly bound unto IHere insert roil name and addressor iegai title of owner) Colta~nty,of Kerr 70U Main Street Kerrville, TX 78028 as Obligee, hereinafter called Owner, in the amount of One Hundred Sixteen Thousand Four Hundred Ninety and No/100---- Dollars ($ 116,490.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. The liability of the Surety shall be limited to the above stated sum. WHEREAS, Contractor has by written agreement dated October 28 19 96 ,entered into a contract with Owner for the replacement of the columns at the Main Street facade of the Kerr County Courthouse, rebuilding and refastening the shifted portions of the facade, replacement of cast stone pieces as required, and the placement of water control measurers below grade on the Main Street side of the occupied basement walls. in accordance with Drawings and Specifications prepared by IHere rased roll name and address or legal +me or Arcnnecp Vordenbaum Engineering, Inc. P 0 Box 193, Fredericksburg, TX 78624 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alterations or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which•the'Surety~ may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price,';,eavsetl in`thig~~•., paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendmentg~ thereto;less 4he- `~ '- amount properly paid by Owner to Contractor. - r : ~ r ` , ~., . Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date oh•which tl~e:vigbt,~j~ '; action accrues, but if this provision is prohibited by any law or if any law provides for a lesser period of time then iEshalf b~ deemed to ,_ be amended so as to be equal to the minimum period of limitation allowed by such law. ` '• 162~,)~y07 r No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner, nemBd, herein.or' • ,- the heirs, executors, administrators or successors of Owner. ~ . , Signed and sealed this 5th day of November .. "~y 96 ~~ ~~ ryJitness) Mid-Continental Restoration Company !Sr an ~' '_ (Witness) , R~rjpdnance Bond Revised to April, 1990 SB 5715ax (t) Printed in U.S.A. BDP-2306 TX 4/94 RELIANCE NATIONAL INDEMNITY COMPANY PHILADELPHIA, PENNSYLVANIA sond No. P2505759 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Mid-Continental Restoration Company 400 East Hudson, Ft Scott, KS 66701 as Principal, and the RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety, are held and firmly bound unto County of Kerr 700 Main Street, Kerrville, TX 78028 as Obligee, in the sum of One Hundred Sixteen Thousand Four Hundred Ninety and No/100--- ------------------------------------------ ($ 116,490.00 )DOLLARS, for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the Z8th day of Oct Ober , 19 96 ,the Principal entered into a contract with the Obligee for the replacement of the col umns at the Main Street facade of the Kerr County Courthouse, rebuilding and refastening the shifted portions of the facade, replacement of cast stone pieces as required, and the placement of water control measurers below grade on the Main Street side of the occupied basement walls. with contract is by reterence made a part hereof and is hereafter referred to as the Contract; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply said Principal or said subcontractors with provisions and supplies for the carrying on of such work, then this obligation shall be null and void; otherwise to remain in full force and effect. Dated this t ~~~at6fo4;~. . t:t: R' Or^q '~-~ 'F !Y T r . ~ .r .... fi , , BDP-2322 4/94 5th day of November ,is 96 Mid-Continental Restorati n Com am~ GARY DELONEY, PRESIDENT P CIPAL RELIANCE NATIO L INDEMNITY COMPANY r sy Ue ~ ~ ATTORNEY-IN-FACT ~~sJ~vTk` ~1(~NED~ ~.~";j;. ~ - , ». _.. 'J RFT.TANCE SURE'iY COhIPANY RELL-11YCE INSUR~INCE COhfPAIv'Y UNITED PACIFIC INSURANCE COhIPaNY RELL4NCE NATIONAL INDEhL\TTY COhIPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly orpertized under the laws of the State of Del- aware, eM that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, ere corporetiona duly orpeniiad under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under lha Iowa of the State of Wisconsin (herein collectively celled 'the ComperJes') and that the Companies by vi rtua of signature end aeels do hereby make, constitute and appoint Dela A. Gabauer. Sue Camuillo, Brenda Lirtze, Roger Fa eater, J. R. Thompson, Janiu A. Dougan, Ann Breahsan. Cathy Mazwsll., o} Kansas City, Missouri their [rue and lawful Anornayls)-in-Fec t, to make, execute, seal end deliver far and on their behalf, end as their act and dead any end all bonds end undertakinp• of suretyship end to bind the Companies [hereby as fully and to [he same extent as if such borlda erd uldertekinps and other writings obligatory in [he nature thereof were signed by en Executive Officer of the Companies end sealed and arrested by one other of such officers, end hereby ratifies and confirms ell that their said Anorneyls)-ir>-Fact may do in pursuance her°af. Thin Power of Attorney is premed under and by the authority of Article VII of the By-Lewa of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which proviaiona are now in full force and effect, reeding sz follows: ARTICLE VII • EXECUTION OF BONDa MD UNDERTAgNGa 1. itr eerd d Diectan. er PY~Ma, UW Chairmen N en Bard. r1Y Swr Vb Prrd.m, rn Via Pr~ewR r A~Irx Vla PreNdrll r sur sll,w d«yr•/d le Mm1, l rM. O.4rY M MYI e11N COTPMW. Dead. r.d VMreNVp. IKeeM1l Ylc~, cgelecu al 'vYHmrilY rN ellw wmvpt N,Iq.lery M IM 11.We tMeel. TN cdpM.V «d n rot IVCwwY Ir IN rMideY el rn avV. W V.dwntN.. reeePQrMr. ev.f/eeb of itlwnnlY end ellw WrlWpe NMpNpy n W IWVa IIWr.el. ~. MraNeHIFfM efWl 1VVe pewo e,N FI1NrnY V 4e0,1. N1Newtl ree4ad la De eRedW le Dp.de. recepetncee. CM.f/Kle el Nr,v.lY r OIIW CaM,Ur1J r aNglry ret°eRNyP N dvY NW Nee Me sswr erg rAnervlY a arDIY tlr ler\aN NrrM,y N w Cem°rW W le er.r N Ur BYiewe N IPe Crryr1Y r enY rucM r rcl,m areal. T/Je Pwr d Memey ~ Nynd N rN-0 DY leum:4 Wr rtl A eVhrilY N ar IdeW~ rreFnim edaNed DY Ur Eawena rtl Ferree Cermvrter el w Ber« el D.reclae el Pure I,rvrra Cr(rrry. [awed Pe>Be Irweerrce LrwrrY rd Reliraw NedsrN IrW,a~n Crrprry DY Urrwmau Crve dred r el FvurY 2B, 1aa/ W DY IH FaeM,.e W farrcd Ca,wlwl.e N Ilre Wd el O..eten d neDrra Sreen Crror.y DY Iarrenrarn Cava ONed r el Mrclr al, tea/. 'RaaeMad Nr Ilre yrolrer N wrlr daanen end Nl.era ti Ilre rN N ere CemerrY meY a Nharl is rrY ra Pewr N Mr.rY r rrY cenil~cer« rM«p Ilwele DY IerYW.ee,d enY wcM Pewer N Ane,rrY r er4lieNe Mrea ws!\ lee,nw4 epn«V.e w I.einW rN NWI W .N< W Mdep .non Vr Lan.n.nY end rW eucn PeWr r aespJ and owelred DY IeumA. epalVr W Irim4 eeN Md M eN! rd Dirrdvre IpM IM Caro.nY. a Iti IrAVe w,tD r«pecl le rrY DW w W Wte4ry le wwU e n ~- sarlyd.' IN WfTNFSS WHEREOF, the Companiaa have caused these presents to be signed and their corporate seals to be hereto affixed, this March 14, 1995. ~s R r t „ye RELIANCE SURETY COMPANY `°Y.ro,t, ~ ~ RELIANCE PISURANCE COMPANY /,' • dteOS'p ~~~~ p.LL /ee UNifED PACffIC QJSURANCE COMPANY ~' SLAl, i c SEAL t 'YO ~ REL E N~ATI ALW F1~t/S+RY C/~+PANY w. ,t (I. a. a uD e STATE OF Pennsylvania COUNTY OF Philadelphia ~ •s. On Shia, March 14, 1995, before me, Valanela Worsham, personally appeared Charles B. Schmalz, whe eeknowledped himself to De the Executive Vice Praaidant of the Ralience Surety Company, and the Vic° President of Ralience Inaurence Company, United Pacific Insurance Company, end Ralience National Indemnity Company end that es such, being authorized to do so, executed the lorepoinp instrument for the purpose therein contained by siprlinp the name of the corporation by himself ea its duly authorized officer. In witnsaa whereof, I hereunto set my hand and official aeel. ,~01 W JONy~ - .% O NOTARI,~L SEAL ~ ~ OF z VALENOIA WORTHA!A, Notary Pu:.:.= ~~'rtv~ ~C~CL ~~ City d PnilaOelphil. Frhita Cpunry ~5TP Notary Public in end for the State of Pannsylvenie M COIRT11L0r1 Eatxres. Dlov. [8. Tgg6 Residing nt Phladelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, end RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above end lorapoin0 is a true and correct copy of the Power of Attorney executed by avid Companies, which is still in full force end effect. IN WITNESS WHEREOF, I have hereunto set my hand end affixed the seals of said Companies thl s5 th day of November 19 96 "`'J0 ~ Secretary 1 F. ei . , os'so oaY „(,.(... ',......" sjr`9F11L~ :.. t .e re '~j SEAL = .t ~ ~: d ~ > ' '1, PRODUCER DATE (MM/DD/VY) CERTIFICATE OF LNSURANCE 11/5/96 - -___ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Alexander & Alexander Inc. ! HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR II ALTER THE COVERAGE AFFORDED BY TH_E PO_LIC_IE_ S_ BELOW. P.O. Box 13647 COMPANIES AFFORDING COVERAGE Kansas City, Missouri 64199 - - i nOMPANY A Aetna Casualty & Surety Co. Mid-Continental Restoration Co., Inc. 400 E. Hudson Ft. Scott, Kansas 66701 roMPArIY Benchmark Insurance Co. B I COMPANY I G -__ coMPnnrr D ~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIDE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, { EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. _ CO POLICY EFFECTIVE I! POLICY EXPIRATION POLICY NUMBER LIMITS TYPE OF INSURAN E DATE (MM/DD/YV) ~ DATE (MM/DD/YV) I GENERAL LIABILITY ', '... + ;ENEHAL AfGREGATE $ 2,000,000 _- I ~ x ~ CLAIMSLMADEER x LI occuR ~~ 0300024930933 ''' 07 Ol 96 I~ 07-01-97 rHnour,TS coMP'oP AGG ~ $ 2,000,000 I A co - I _- ------ - NAL R ADV INJURY $ 1,000,000 I OWNER'S R CONTRACTOR'S PROT ~ EACH nCC'UHHENGE 5 -.._.1,000,000 I~ 030GL24930936 07-O1-96 07-01-97 I '~ ~ ~i (TX Only) ~ FIRE DAMAGE IA~IV oPe I I $ 1OQ000 I ___ ~. MED ExP IA v ~~~e Prrs~~l .' $ 5 000 ' - - I AUTOMOBILE LIABILITY '. ' A X,i ANV AUTO Ir ~IAU OWNED Auros I 030FJ24930933 07-O1-96 07-O1-97 I soHEDU~D AUTOS ~~ ~ ' I x HIRED AUTOS i I ~ X NON-OWNED AUTOS ' 1 __ -- _. .1. _-_._.__- f GARAGE LIABILITY ANY AUTO ~ ~,, i EXCESS LIABILITY I A I x~ UMBRELLA FORM 030XS24930933 07-O1-96 07-O1-97 I OTHER THAN UMBRELLA FONM 1 ---_ ~ -_ - -_ WORKERS COMPENSATION AND i ' F ~, i B I EMPLOYERS LIABILITY I I II THE PROPRIETOR/ INCL II 96-031-OS ~I 07-01-96 '~I 01-01-97 I PARTNERS/EXECUTIVE OFFICERS ARE x EXCL -I I ' ' ~ OTHER '. ~ ' A'I Contractors Equipment I FP24930933 07-01-96 I 07-01-97 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL IIEMS RE: County of Kerr is Additional Insured with respects Main Street facade of the Kerr County Courthouse County of Kerr 700 Main Street Kerrville, TX 78028 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 ANV KIND UPON THE COMPANY, ITS AGENTB OR REPRESENTATIVES. ____ TRatflz~tsFraESgNrnrv~ ---- _- I,UMUINED GINIiLE LIMIT I,i $ 1,000,000 DouIL~ w.nlRV I, s IP~n P~,_,o~l BODIIY INJURY $ IPeI :,ccitlenD PROPERTY DAMAGE $ i~ -._. ', AUTO ONLY EA ACCIDENT --_ 5 -_ ._._.... I UI HER THAN AUTO ONLY- EACH ACCIDENI $ AGGREGATE ' $ Eacrl ucouRRENCE ' $ 5,000,000 A6cREGnTE ~. $ 5,000,000 Retained s 10,000 x I bIAfU TORY LIMITS ' LACH A' (,IDENT 5 ~OOO,OOO -- _ DISEASE P~LICV LIMII _ $ 5 /Cf1l!ii h 1,OOV,OOV [T.:EA:SE Encl I LMPLnvEE $ 1,000,000 Rented/L,eased $100,000 Any One Item All Risk Coverage _ _Subject to Polic~xclusions I w ~ v~a~, ~ -~ ®ACORD CORPORATION 7993 ACORD 25-5 (3193) n•klient>tnlmidcon\96bench erf ER&ALEXANDER C. __________.,_., Order ^70. 23659 Approval of Charge Order in the Contrac* with Wi.C.H. Construction Octeher 29, 1996 Vol U pg 750