^RDER NO. ~36E39 AF'PROVRL OF F'LRNS RND SF'EC5 FOR "f HE NEW EXTENSION OFFICE LOCATED AT THE RG-BARN FRCILITY AND AUTHORIZF_ GOING OUT FOR BIDS ON THE SRME On this the 12th clay of November 1996, upon motion made by Commissioner- Holekamp, seconded by Commissioner Oehler,the Co~_~rt unanimously approved by a vote of 5-0-Q, to approve the plans and specs for the new extension office located at the the Ag-Barn Facility and authorize going out for bids on the same. Pids will be received ~_~ntil ':30 F'. M. and opened at 3:00 F'. M. on December- 3, 1996. The Coi..~r't authorized Cammissioner- Oehler to get with Voelkel Engineering to stake o~_it the location of the new building. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Bruce Oehler OFFICE: Commissioners' Court MEETING DATE: November 15. 1996 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss yro~osed clans and specs for the new extension office located at the at;- barn facility and authorize ~oinR out for bids on same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #4 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECENED BY: THIS REQUEST RECEIVED ON: ~- Alt Agenda Requests will be screened by the County Judge's Offrce to determine if adequate information has been prepared for the Court's forma] consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. HOLLAND & PATTERSON January 8, 1997 County Judge Robert Denson Ken County 800 Main Street Kemille, Texas 78028 Re: Texas Agricultural Extension Office Dear Judge Denson ARCHITECTS Pursuant to the terms of the contract between Holland & Patterson, Architects and Kerr County, your request for not utilizing us for contract administration is hereby approved. We acknowledge that you have secured the services of an outside consultant for the contract administration and that you will request us to do a final inspection on completion of the project. Should you need our services for any other areas of this project, please contact us. Sincerely William H. Hollan ~~ RIer~L~ayot,~(,~W:~L~ 19~ME__. WATI3!~':It:. AYE ~(////////~//,I~~Fl. r1l_s7(!y/~(C/~U'nN' pr~~~ ~r~ ~nU~h/, la% • 5700 S. STAPLES F-5 CORPUS CHRISTI TEXAS 78413 512-993-7336 FAX: 512-993-6426 8600 WURZBACH RD. STE. 801 SAN ANTONIO TEXAS 78240 210-614-7440 FAX: 210-692-3579 0 I°IUSER CONSTRUCTION COMPANY, INC. December 16, 1996 Hon. Commissioner Bruce Oehler Kerr County 700 Main Street Kerrville, Texas 78028 RE: Texas Agricultural Extension Building Dear Bruce: Please find enclosed the following: A.) Contract B.) Certificates of Insurance C.) Payment and Performance Bonds Please execute the contract and return one copy. We appreciate the opportunity to participate in another successful project with the County. If you have any questions, please call. filel~DayoD.19~~IME~ r ~~~"' PATRICIA DYE clerk County Court Kerr Cniinly, Tax < i,, _ ~equr.~ One Schreiner Center, Suite 104 P.O. Box 765, Kerrville, Texes 78029-0765 (210) 257-8588 FAX: (210) 257-8589 ACORD ~~R~~~E#J'~~i ~R Lrl~irT~~ 1K~ DATE (MM/DD/YY) ~ ~/7~~~ ,r ,: r ;:.... 12 11 96 :: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Garrett Insurance A enc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4 Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 819 Water Street, S. 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P . O. Box 142 5 COMPANIES AFFORDING COVERAGE Kerrville, TX 78029-1425 COMPANY A MILLERS GROUP INSURED COMPANY Huser Construction Co. B FIDEILTY & DEPOSIT INS. P. O. BOX 768 COMPANY Kerrville, TX 78029-0765 ~ COMPANY D OOVERAGES s ., 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 ANY CONTRACT OR OTHER DOCUMENT WITH 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, IXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT11 TYPE Of INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/W) POLICY IXPIRATION DATE (MM/OD/YY) LIMI7$ GEN ERAL DABILITY GENERAL AGGREGATE $ 1 0 0 0 O O A X COMMERCIALGENERAL LIABILITY Ol-MG0103527/000 02/05/96 O2/OS/97 PRODUCTS-COMP/OP AGG $ 1 OOO OO CLAIMS MADE ~ OCCUR PERSONAL BADV INJURY $ 1 O O O O O OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 0 0 0 O O FIRE DAMAGE (Any one fire) $ 5 O O O MED IXP (Any ona person) $ 5 O O A AUT X OMOBILE LIABILITY ANVAUTO TX101931 11/22/96 11/22/97 COMBINED SINGLE LIMIT $ 1 OOO OO ALL OWNED AUTOB BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per eccitlent) PROPERTY DAMAGE $ fiA1 1AGE DABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY' EACH ACCIDENT $ AGGREGATE $ IXC ESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X WC STATU~ OTH~ TORY LIMITS ER EMPLOYERS'LIABILITY TSF130848-00 04/05/96 O4/OS/97 EL EACH ACCIDENT $ 10000 THE PROPRIETOR/ INCL EL DISEASE -POLICY LIMIT $ S O O O O PARTNERS/IXECUTIVE OFFICERS ARE: X IXCL EL DISEASE-EA EMPLOYEE $ 10000 OTHER A INLAND MARINE O1MI107447 07/03/96 07/03/97 BOBCAT--$23000 A BUILDER'S RISK APPLICATION BOUND 01/02/97 07/02/97 $240,000. B BUILDER'S BOND 30658593 02 28 96 02 28 97 5 000. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS YOUTH EXHIBITION CENTER, SAN ANTONIO HWY., KERRVILLE, TEXAS err>F~~AT~;HOLr~ER __ ,. _ cF.,uxrisax SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IRATION DATE THEREOF, THE IS$UINO COMPANY WILL ENDEAVOR TO MAIL IXP TEXAS AGRICULTURAL EXTENSION n n DAYS WRITFEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, OFFICE , KERB COUNTY BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIDTY 7OO MAIN OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. KERRRVILLE, TX 78028 I A°T~4>;'Z~PRE~TA]\ ~~ nCS~ ~ e -~ IY a~ giros ~a~dR~~aR~a~-ariar~~(aee ACORD CERTIFbCAT"_. O~ LIABIL ITY INSURE'"~'CE ASR ~ DATEIMM;oon„1 HV8HC01 12/11/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Concepts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of San Antonio, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11120 Wurzbach, Suite 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Antonio TX 78230-2426 COMPANIES AFFORDING COVERAGE David E. Sund COMPANY Pnone Np. 210-691-0067 Fa%Np. 210-691-2629 A American International Group INSURED COMPANY B COMPANY Huser Construction C P.O. BOX 76S Kerrville TX 78028 COMPANY p 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 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 BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBED POLICY EFFECTIVE POLICY EXPIRATION LIMBS DATEIMM/DD/YYI DATEIMM/DD/YYI GEN ERAL LIABILITY GENERAL AGGREGATE 8 COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG 8 CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY 5 OWNER'S & CONTgACTOR'S PROT EACH OCCURRENCE 8 FIRE DAMAGE (Any one fire) S MED E%P IAny one person) 8 AUT OMOBILE LIABILITY I. ANV AUTO COMBINED SINGLE LIMIT 9 ALL OWNED AUTOS -~ BODILY INJURY 8 SCHEDULED AUTOS IPer person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS IPer acciden[I S ~ - i - PROPERTY DAMAGE 8 GAR AGE LIABILRV AUTO ONLY - EA ACCIDENT 8 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 8 AGGREGATE S E%CESS LIABILITY EACH OCCURRENCE S ~ UMBRELL4 FORM AGGREGATE S OTHER THAN UMBRELLA FORM 8 WORKERS COMPENSATION AND ' WC STATU- OTH- X TORY LIMITS ER - EMPLOYERS LIABILITY EL EACH ACCIDENT Brj OO, OOO A THE PPOPRIETORI INCL WC6156204 10/01/96 lO/O1/97 EL DISEASE~POLICY LIMIT Bf OO OOO PARTNERBIEXECUTIVE j s OFFICERS ARE: X EXCL EL DISEASE-EA EMPLOYEE 6rjOOe OOO OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS RS: Texas Agricultural Hxtension Office CERTiFICATEHOLDER CANCELLATION-... KERRC02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL lO DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Kerr COUnty , 700 Main St. BUT FAILURE TO MAIL SUCH NOTICE SXALL IMPOSE NO OBLIGATION OR LIABILITY Kerrville TX 7 BO2 $ OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPgESENTATIVES. ACORD 25 5 (1195f AUTHORIZED R RESENT E QKa/ - A@ORATION 1988 INSTRUCTION SHEET FOR AIA DOCUMENT A101, STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR where the Basis of Payment is a STIPULATED SUM-1987 EDITION A. GENERAL INFORMATION 1. Purpose AIA Doctument A101 is intended for use on constmction projects where the basis of payment is a stipulated sum (fixed price). It is suitable for any arrangement between the Owner and Contractor where the cost has been set in advance, either by bidding or by negotiation. 2. Related Documenffi This doctunent has been prepared for use in conjunction with the 198? edition of AIA Document A201, General Conditions of the Contract for Constmctloq which is adopted into A101 by a specific reference. This integrated set of documents is suitable for most projects; however, for projects of limited scope, use of AIA Doctument A107 may be considered. The A101 document may be used as one part of the Contract Documents which record [he Contract for Construction between the Owner and the Contractor. The other Contract Documents aze: General Conditions (i.e., A201) Supplementary Conditions Drawings Specifcations Modifications Although the AIA does not produce standard documents for Supplementary Conditions, Drawings or Specifications, avariety of model and guide documents are available, including AIA's MASTERSPEC. 3. ArbRretion This document incorporates ARBITRATION by adoption of AIA Document A201, which provides for arbitration according to the Constmction Industry Arbitration Rules of the American Arbitmtion Association. Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of stares, arbitmtion provisions relating to future disputes are not enforceable, but arbitradon is enforceable if agreed to after the dispute azisrs. A few states require that the contracting parties be especially notified that the wdtten contract contains an arbitration provision by: a warning on the face of the document, specific placement of the arbitmtion provision within the document or speciftc discussions among the parties prior to signing the document. Arbitration provisions have been included in most AG1 contract forms since 1888 in order to encourage alternative dispute resolu- tion procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the parties choose to adopt arbitmtion into their contract. Individuals may, however, choose to delete the arbitration provisions based upon their busi- ness decisions with the advice of counsel. To obtain a copy of the Construction Industry Arbitration Rules, write the American Arbitration Association, ]40 West 51st Street, New York, NY 10020. 4. Use of Non-AIA Forms If a combination of AIA documents and non AIA documents Ls [o be used, particular care must be taken to achieve consistency of language and intent. Certain owners require the use ofowner-contractor agreements and other contract forms which they prepare. Such forms should be carefully compared with the standard AIA forms for which they aze being substituted before execution of an agreement. If there are any slgnitignt omissions, additions or variances from the terms of the related standard AIA forms, both legal and insurance counsel should be consulted. 5. Letter Forms of Agreement Letter forms of agreement are generally discouraged by the AIA, as is the performance of a pan or the whole of the Wurk on the basis of oral agreements or understandings. The standard AIA agreement forms have been developed through more than seventy- five years of experience and have been tested repeatedly tit the coons. In addition, the standard forms have been carefully coordin- ated with other AIA documents. 6. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component Chapter or a current AIA Documents Pelee Lis[ [o determine [he current edition of each document. 7. Limited License for Reproduction AIA Document A101 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The A101 document is intended to be used as a consumable-that is, the original document pur- chased by the user is intended to be consumed in the course of being used. There is ^o implied permission to reproduce this docu- ment, nor does membership in The American Institute of Architects confer any furthe[ rights to reproduce them. A limited Ilc~ense is hereby granted to retail purchasers to reproduce a maximum often copies of a completed or executed A 1 O 1, but only fur use in connection with a particular Project. A101 may not be reproduced for Project Manuals. Rather, if a user wishes to INSTRUCTION SHEET FOR AIA DOCUMENT At07 • t9s~ eDITION •AIA°~ • iHe Amearz:AN INSTITUTE OF ARCHITECTS, 135 NEW YORK AVBNC$ N.W., WAtiHINGTON, D.C. 2UU(K include it as an example in a } _ Iect Manual, the normal ptacdce is to purchase a gt....tdty of the pre-ptinted forms and band one in each of the Project Manuals. Partial modifications, if any, maybe accomplished without completing [he form by using separace Sup- plementary Conditions. Upon reaching agreement concerning the Contract Sum and other conditions, the form may be removed from the manual and such information, except for the signatures, may be added to the blank spaces of the form. The user may then reproduce up to ten copies to facilitate the executon (signing) of multiple original copies of the form, or for other administrative purposes in connection with a particulaz Project. Please note that at least three original copies of A101 should be signed by the parties as required by the last provision of A101. B. CHANGES FROM THE PREVIOUS EDITION 1. Format Changes Two new ankles have been added: Article S, Termination or Suspension; and Article 9, Enumeration of Contract Documents. 2. Changes in Content The 1957 edition of A101 revises the 197? edition to reflect changes made ]n the most recent (1957) edition of A201. It incor- porates alterations proposed by architects, contractors, owners and professional consultants. The following are some of the signifi- cant changes made to the contents from the 1977 edition of A101 ArdCle 1: A specific statement has been added that the Contract represents the entire agreement between the parties, supersed- ing previous negotiations and writings. Article 2: Space has been provided to describe any exceptions to the description of Contractor's scope of Work. ArtiCM 3: In the title of this azticle, "Time of Commencement" has been changed to "Date of Commencement." Article 4: Space has been provided for insenion of the amounts relating to alternates and unit prices. Article 5: The Progress Payments article has been substantially rewritten and expanded. Detailed directions have been added on how and when payments shall be calculated and applied for. Article 6: Further details have been added to clarify the conditions under which final payment shall be made by the Owner. Article 7: The reference to definitions contained in the Conditions of the Contract has been deleted because the A201 docu- ment is now specifically adopted by reference under Anicle 9 ARICIe 8: This is a new article containing references to the General Conditions. Article 9: This article is new. The A101 Document and the A?Ol Document ate explicitly enumerated as parts of the Contract Documents. Spaces are provided for information specifically identifying the other Contract Documents, including the Supple- mentary Conditions, Specifications, Drawings and Addenda, if any Signature Page: It 3s noted above the signature lines that this agreement is executed on at least three original copies. See the instmctiotl~ pertaining to Limited License for Reproductlon. C. COMPLETING THE A101 FORM 1. Prospective bidders should be informed of any additional provisions which may be included in A101, such as liyuidated damages or provisions for stored materials, by an appropriate notice in the Bidding Documents and the Supplementary Conditions. 2. Modifications Users are encouraged to consul[ an attorney before completing an AIA document. Particularly with respect to contractor's licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may reyuire modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. Generally, necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the form or by Supplementary Conditions, special conditions or amendments included in the Project Manual and referenced in this document. The &xm may also be modified by striking out language directly on the original pre-printed form. Care must be taken in making these kinds of deletions, however. Under NO circumstances should pre-printed language be stmek out in such a way as to render it illegible (as, for example, with blocking tape, correction Iluid or K's that completely obscure the text). This may raise suspicions of fraudulent concealment or suggest that the completed and signed document has been tampered with. Handwrit- ten changes should be initialed by both parries to the comract. It is definitely not recommended practice u1 retype the standard document. Resides being outside the limited license for reproduc- tion granted under these Instructions, retyping can introduce typographical errors and cloud the legal 3nterpretatlon given to a stan- dard clause when blended with modifications. Retyping eliminates one of the principal advantages of the standard fotm documents. By merely reviewing the modifications to be made to a standard form document, parties familiar with that document can quickly understand the essence of the proposed rela- tionship. Commercial exchanges are greatly simpltAed and expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. In this way, contracting parties can more fairly measure their risks. 3. Cover Page Date: The date represents the date the Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Agreement was originally submitted to the owner, the date authorizing action was taken or the date of actual execution. It INSTRUCTION SHEET FOR AIA DOCUMENT A101 • 19R? F,DPPION •AIA•' • THE AMERICAN INSTITIJl'E OP ARCHITEGT$, 135 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2U(g6 T H E A M E R I C A N I N S T I T U T E 0 A R C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor zohere the Fiasis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQCIENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICAT/ON. The 198 F,dition of AIA Document A201, General Conditions of the GOntraU for Cwutr~uctaon, es adopted an tbas dncutnent by reference. Do rzat use witb other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of December in the year of Nineteen Hundred and Ninety-six BETWEEN the Owner: Kerr County (Name and address) 700 Main Street Kerrville, Texas 78028 and the Contractor: Huser Construction Company, Inc. ("Name and addrecsl 819 Water Street, Ste. 104 Kerrville, Texas 78028 The Project is: Texas Agricultural Extension Office (Name and location) Kerrvllle, TeRHS The Architect is: Holland & Patterson Architects (Names and address/ 8600 Wllr ZbaCh Road San Antonio, Texas 78240 The Owner and Contractor agree as set forth below Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 19G3, 196, 79?4, 19~', ©198' by The American Institute of Arch4 sects, 1'35 New York Avenue, N.W., Washington, U.C. 20006. Reproduction of the material herein or substantial quotation of Its provisions without written petmisslon of the AIA violates the arpyrigh[ taws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •AIA® • iL)19n7 THE AMERICAN INSTITUTE OP ARCHITP.CTS, 1 X35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200fN A101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents lis[ed in this Agreement and Modifications issued after execution of this Agrcemenh, these form the Cuntratt, and are as fully a part of the Contract as if attached to this Agreement ur repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa[ions ur agreements, either written ur oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: The work specifically to be performed by others is as follows: A.) Furnishing of water, sanitary sewer, natural gas & electrical services to the building. The Contractor shall cooperate with the City of Kerrville, Kerr County and the Utility Companies. B.) Providing initial layout & location of the building. C.) Providing for any tap fees as may be required to connect to water, sewer or electrical service. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 32 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (brsert the date of n~mmerccemen{ ff ft dfffers Jrum (be date of this Agreeraerzt or, /J app[fcab/e, state [bat the elute u~f/I he J(sed bz n nothe m proceed) The notice to proceed shall be January 2, 1997. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's ]lens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later [han July 1 , 1997 (/ncert the calendar date ur number of cu/endue days after the date of mnzmexcemeat. Also uuert any requirements for earUer.SUbs(unnat Cump[ehun r J err tabz porharss of the It'ork. rJ not staled e(serebere in lbe Cuutract Documents. ) subject to adjustments of thLs Contract Time as provided in the Contract Documents. (bzsert proe=ls+ors, iJ' an}t Jor liquidated damages re(atuzg to Jafbme (o cmnp[ete on IOneJ l~Ot Appl lCab l(9 AIA DOCUMENT A701 • OWNER-CUNTRAft'OR AGREEMENT • ]'W'ELFTH EDI'r10N • AIA•' • ~~l`J8' THE AMERICAN INSTITl1TE OF ARCHIl'ECl'S, 1'35 NEW YORE AVENGE., N W , WASHINGTON, D C. ?UUV6 A101-1987 2 WARNING: Unlicensetl photocopying violates U.S. copyright laws antl Is subject to legal prosecution. ARTICLE A CONTRACT SUM 4.1 The Owner shall pay the Contractor in Curren[ funds for [he Contractor's performance of the Contract the Contract Sum of Dollazs ($ 223, 447.00 ), subject to additions and deductions as provided N the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which azc described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identiJsuMon of awepted alternates. [J decistoru on other a(fernafn are In be made by fbe Uruner subseyuenf to the esecutbm nl tbls Agreemen{ attach a schedule of such other alternates sbuu~/ng [be amount Jnr eucb and the date un[R ruhlch that amourzt rs a~alid.l The contract sum is calculated as follows: Base Bid $214,490.00 Accepted Alternate #1 $ 8,957.00 Total $223,447.00 4.3 Onit prices, if any, are as follows: None . AIA DOCUMENT A101 • OW'NEA-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA'• • C11 )R' 7HE AMERICAN INSTITCTE OF ARCHITECTS, his NEW YURK AVENUE, N.W., WASHINGTON, RC. 2(N BOG A101-1987 3 WARNING: Unlicensetl photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall he one calendar month ending on the last day of the month, or as follows: The period covered by each application shall be not more often than twice per month, to coincide with the Commissioner`s Court Meeting dates. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the N/A day of the N/A month. If an Application for Payment is received by the Archttect after the application date fixed above, payment shall be made by the Owner not later than 10 days after the Architect receives the Application for Payment. 5.4 Each Applica[ion for Payment shall he hosed upon the schedule of values submitted by the Contractor in accordance with the Contract Uocuments. 'Phe schedule of values shall alloca[e the smite Contract Sum among the various portions of the Work and he prepared in such form and supported by-such data rn subsuntiate its accuracy as the Archi[ee[ may require. This schedule. unless objected to by the Architect, shall be used as a basis for reviewing [he Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.8 Subject to the provisions of the Contract Documents, the amount of each progress payment shall he computed as follows: 5.6.1. 'Fake thatportion nfthe Contract Sum properlyallocabletn completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Wurk in the schedule of values, less retainagc of Ten percent I 10 r oj. Pending final determination ofcost to the Owner ofchanges in [he Work, amounts not in the dispute maybe Included as provided in Subparagraph 7 3,~ of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Surn properly allocable to materials and equipment delivered and suitably stored at the site fur subseyuent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the sire at a location agreed upon in writing), less retainagc of percent ( 10 % ); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined In accordance with Pazagraph 5.6 shall he further modified under the followi[lg circumstances: 5,7.1 Add, upon Substantial Completion of [he Work, a sum sufficient to increase the total payments to percent ( 98 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final cumplerlon of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9 10.3 of the General Conditions. 5.8 Reduction or limitation of reuinage, if any, shall be as follows: ([(t[ La emended pz rnr [u .tiuh.[rsntea[ enne[~(eUure / tY nl re U rk, rv educe ur hrnet ibe retrunage rrsultrng Jrorrz [he p r u[ r(,es ias¢rYeJ hz d'uHperra R err/~bc o_G. / ,oid 5.6, z rlho., r,.<~~u<„~ will be the date from which the Contract Time is measured unless a different date u user[ed under Paragraph 3.1. Identification of Parties: Pazties to this Agreement should be identified using the full address and legal name under which the Agreement is to be executed, including a designation of the legal status of both partles (sole proprietorship, partnership, joint ven- ture, unincorporated assodation, limited pazmership or corporadon [general, closed or professional], etc.). Where appropriate, a copy of the resolution authorizing [he individual to act on behalf of the firm or entity should be attached. Project Description: The proposed Project should be described in sufficient detail to identify (1) the official name or title of the facility, (2) the location of the site, if known, (3) the proposed budding type and usage, and (4) the size, capacity or scope of the Project, if known. Architect: As in the other Contract Documents, the Architect's full legal or corporate flues should be used. 4. Article 1-The Contract Documents The Contract Documents must be enumerated in detail in Anicle 9. The Contractor's bid itself may be incorporated into the Con- tract; similarly, other bidding documents, bonds, etc., may be incotporated, especially in public work. 5. Article 2-The Work of This Cortract Portions of the Work which are the responsibility of persons other than the Contractor and which have not been otherwise indi Gated should be listed here. 6. Article 3-Date of CommencemMt and Substantial Completlon The following items should be included as appropriate: Paragreph 3.1 The date of commencement of the Work should be insened if It is different from the date of the Agreement. It should not be earlier than the date of execution (signing}of the Contract. After the first sentence, enter either the specific date of commencement of the Work, or if a notice to proceed is to be used, enter the sentence, "The date of commencement shall be stipulated by the notice to proceed." When time of performance is to be strictly enforced, the statement of starting time should be carefully weighed. Paragraph 3.2 The time within which Substantial Completion of the Work L5 to be achieved may be expressed as a number of days (preferably calendar days) or as a specified date. Any requirements for earlier Substantial Completion of portions of the Work should be entered here if not specified eLsewherc in the Contract Davments. Also insert any provisions for liquidated damages relating to failure to complete on time. Liyuidated damages are not a penalty to be inflicted on the Contractor, but must bear an actual and reasonably estimable relationship to the Ownei s loss if construction is not completed on time. If liquidated damages are to be assessed because delayed constmeflon will result in actual loss to the Owner, [he amount of damages due for each day lost should be entered in the Supplementary Conditions or the Agreement. Factors such a, confidentiality or the need to inform Subcontractors about the amount of liquidated damages will help determine the location chosen. The provision for liquidated damages, which should be carefully reviewed or drafted by the Owner's attorney, may be as follows: The Contmctor and the Contractor's surety, if any, shall be liable for and shall pay tbe Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Dollars (~ ) For further information on liquidated damages, penalties and bonus provisions, see AIA Document A511, Guide for Supplementary Conditions. Paragraph 9.11. 7. Article 4-Contract Sum Paragraph 4.1 Enter the Contract Sum payable to the Contracror. Paragraph 4.2 Idemify any alternates described in the Contract Documents and accepted by the Owner. If decisions on alternates are to be made subsequent to execution of At Ol, attach a schedule showing the amount of each alternate and the date until which that amount is valid. Paragreph 4.3 Enter any unit prices, cash allowances or cash contingency adowanceg. If unit prices are not covered in greater detall elsewhere in the Contract Documents, the following provision for unit prices is suggested: The unit prices listed below shall determine the value of extra Wurk or changes in the Work, as applicable. They shall be con- sidered complete and shall include all material and equipment, labor, installation costs, overhead and profit. Unit prices shall he used uniformly for additions or deductions. Specific allowances for overhead and profit on Change Orders may be included under this paragraph to forestall disputes over future Change Order cults. 8. Article 5-Progress Payments Paragraph 5.2 Insert the time period covered by each Application for Payment if it differs from the one given. INSTRUCTION SHEET FOR AIA DOCUMENT A701 • 1987 EotT[uN • AIA® • THE AMERICAN INSTITUTE OF ARCHITECTS, P35 NF.W YORK AVENUE, N.W., WASHINGTON, D.C. 2(H)(K Paregreph 5.3 Insert the time schedule for presenting Applications for Payment Insert the day of the month progress payments are due, indicating whether such day is to be in the same or the following month after receipt by the Architect of the relevant Application for Payment. The Asst day upon which Work may be included tn an Application should normally be no less than 14 days prior to the payment date, in consideration of the 7 days required for the Architect's evaluation of an Application and issuance of a Certificate for Pay- ment and the time subsequently accorded the Owner to make payment in Article 9 of A201. The Contmctor may prefer a few addi bona] days to prepare the Application. Due dates for payment should be acceptable to both the Owner and Contractor. They should allow sufficient time for the Contrac- tor to prepare an Application for Payment, for the Architect to certify payment, and for the Owner to make payment. They should also be in accordance with tune limits established by this Article and Article 9 of A201. Subperegreph 5.6.1 Indicate the percent retainage, if any, to be withheld when computing the amount of each progress payment. The Owner frequently pays the Contractor 9U percent of the earned sum when payments fall due, retaining 10 percent to ensure faithful performance. These percentages may vary with circumstances and locatlties. The AIA endorses the practice of reducing retainige as rapidly as possible, consistent with the continued protection of all affected pazties. See AIA Document A511, Guide for Supplementazy Conditlons, for a complete discussion. Subparegreph 5.6.2 Insert any additional retainage to be withheld from that portion of the Contract Sum allocable to materials and equipment stored at the site. Payment for materials stored off the site should be provided for in a specific agreement and enumerated in Paragraph 7.3. Provi- sions regarding transportation to the site and insurance protecting Owner's interests should be included. Subparegreph 5.7.1 Enter the percentage of the Contract Sum to be paid to the Contractor upon Substantial Completion. Paregreph 5.6 Describe any arrangements to reduce or limit retainages indicated in Subparagraphs 5.6.1 and 5.6.2, if not explained elsewhere in the Contract Documents. A provision for reducing retainane should provide that the reduction will be made only if the Architect judges that the Work is pro- gressing satisfactorily. If the Contractor has furnished a bond, demonstration of the surety's consent to reduction tn or paztiai release of retainage must be provided before such reduction is effected. Use of AIA Document G707A is recommended. 9. Article 6-Final Peyment Insert the date by which Owner shall make final payment, if it differs from the one stated. When fmal payment is requested, the Architect should ascertain that all claims have been settled or should define those which remain unsettled. The Architect should obtain the Contractor's certification required by Article 9 of A201 and must determine that, to the best of the Architect's knowledge and belief and according to fma] inspection, the requirements of the Contract have been fulfilled. 10. Article 7-Miscellaneous Proviabns Paregreph 7.2 Enter any agreed-upon interest rate due on overdue payments. Paregreph 7.3 Insert other provisions here. 11. Article 9-Enumeration of CoMrect Documents A detailed enumeration of all Contract Documents must be made in this Article. D. EXECUTION OF THE AGREEMENT The Agreement should be executed in not less than triplicate by the Owner and the Contractor. Each person executing the Agreement should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Agreement Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. INSTRUCTION SHEET FOR AIA DOCUMENT A701 • 198? EDITION • AIA°A • THE AMERICAN 4 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 2U1106 Texas Agricultural Extension Office Kerrville, Texas PERFORMANCE BOND BOND N0. PRF08029208 THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERR ~ That we, H E NS C Contractor, as Principal, and FIDELITY ND DEPOSIT COMPANY OF as Surety, are hereby held and firmly bound u KERR COUNTY, TEXAS (hereafter called "Owner") in the full and just sum of Iran urrnmuFn TGTPNTY THRFF THOTTSAND FOTTR _HUNDRED FORTY-SEVEN AND NO/100***DOllars (S P~'i~LL7_(lp ) for the payment of which the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presen*_s. The condi*_ions of this obligation are such that: WHEREAS the Principal entered into a certain Contract, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, with the Owner acting by and through its Officials, dated DE .MR___('F RR 19~, for the construction of TEXAS AGRICULTURAL EXTENSION accord with the Drawings, Specifications and other Contract Documents pertaining thereto, prepared by unTrnnm s, pATTFRSnN ARfHITECTS Architect; NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the Contract in accord with the Drawings, Specifications, and other Contract Documents pertaining thereto, as well as any changes, extensions, deletions or modifications thereof which may be made by Owner, with or without notice to the Surety, and sha'_1 f~~l1y indemnify and save harmless the Owner from all costs and da.-nage which Owner may suffer by reason of Principal's default or failure so to do, shall fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any such default, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED that any additions, deletions, alterations or changes which may be made in the terms of the Contract or in the Drawings, Specifications or other Contract Documents, or in the wort. to be done thereunder, or the making by the Owner cf any payment or pre-pa}^,nent under the Ccntract, or the giving by the Owner of any extension of time for the perforr.~ance of the Contract, or the granting of any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal or the Surety, or eit'rer of them, their heirs, exe tutors, administrators, successors or assigns, from their liability or the liability of any of them hereurde r, notice to the Surety of any such addition, deletion, alteration, change, payment, pre-payment, extensior. or forbearance being hereby expressly waived. PROVIDED FURTHER, that this bond is made and entered into solely for the protection of the Owner pursuant to the provisions of Chapter 2253, Government Code, as amended, and all liabilities on this bond are to be determined in accord with the provisions thereof. EXECUTED on DECEMi3ER 10 19,x. PRINCIPAL SURETY .~ ATTES ~~~ Name: o Sri HN Title: Pro~eo~ M~NP~t( Address of Contractor: 819 WATER STREET. SUITE 104 KERRVILLE. TEXAS 78028 ,~ ~ ~~M i, ~P ' f • ~ ti y . :1'~'dwo~ ~`~~`' ~-----...a~~ Address of Surety: 800 GESSNER ROAD. SUITE 110 HOUSTON. TEXAS 77024 ~~;,:. ii:;xas HesiCeni AvenY John L. V`,'ortham & Son, L.LP. License Number 4c~S.zG i4 -~- HUSER CONSTRUCTION FIDELITY AND DEPOSIT Texas Agricultural Extension Office Kerrville, Texas PP.YMEIdT BOND BOND N0. PRF08029208 THE STATE OF TEXAS COUI7TY OF IiERR KNOW ALL MEN BY THESE PRESENTS: That we, HiC R ON TR CTTON COMPANY. INC. Contractor, as Princi al, and FIDELITY AND DEPOBIT COMPANY F and firmlP bound un KERR COUNTY, TEXAS as S(hereafter called held "Owner") in the full and just sum of TWO HUNDRED TWENTY-'PHREE THOUSAND FO R HiiNDR FTI FnRTV-RFVFN ANn ~q/i nn*rt~** Dollars (S 7 .447.00 ) for the payment of which the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of this obligation are such that: WHEREAS the Principal entered into a certain Contract, which Contra~~t is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, with the Owner acting by and through its Officials, dated DRCRMRFR 19Qj2, for the construction of TEXAS AGRICULTURAL EXTENSION OFFT(' FRRVTi A i r. accord with the Drawings, Specifications and other Contract Do c'uments pertaining thereto, prepared by HOLLAND & PATT RGON R HTT 4 Architect; NOW, THEREFORE, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253, Government Code, as amended, supplying labor and materials in the prosecution of the work provided for in said Contract, as well as any changes, extensions, deletions or modifications thereof which may be made by Owner, with or without notice to Surety, then this obligation shall be null and vcid, otherwise it shall remair. _... fu_. £crce and effect. PROVIDED that ary additions, deletions, alterations or chanoes which may be made in the terms of the Contract or in the Drawings, Specifications or other Contract Documents, or in the work to be done thereunder, or the making by the Owner of any payment or pre-payment under the Contract, or the giving by the Owner of any extension of time for the performance of the Contract, or tY,e granting of any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal or the Surety, or either of them, their heirs, executors, administrators, successors or assigns, from their liability or the liability of any of them hereunder, notice to the Surety of any such addition, deletion, alteration, change, paymen[, pre-payment, extension or forbearance being hereby expressly waived. PROVIDED FURTHER, that this bond is made and entered into solely for the protection of all claimants as defined in Chapter 2253, Government Code, as amended, supplying labor and material in the prosecution of the work provided for in said Contract, and each such claimant shall have a direct right of action under the bond as provided in such Chapter 253, Government Code, as amended. EXECUTED on DECEMBER 10 1996. PRINCIPAL ATTE / /~~ I// i Name• O crr r Title: Qfo3c J' /"~arM,J~~r Address of Contractor: 819 WATER STREET SUITE 104 1CER$VTTTF TFXAS 78028 i S .~ ~ ~ ~ ~ ,~ ~ ~~' xN't'~;,.~ SURETY FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Corporate Name) , -~, C~, _ ey '~ , At rney-in-Fact .. N :phvllis Ramire~ Address of Surety: 800 GESSNER ROAD. SUITE 110 HOIISTON TFXAS 77024 ~ ~ _ a~, , 7exa.s F~esident Ageni John t_. Wortham & Son, l.l.P license Number (~~> ~1~ ~~ .y ~•- -~- HUSER CONSTRUCTION COMPANY, INC. _ Contractor Tr,e FIDELTI'Y A, ..~ DEPOSIT COMPANY OF MAR . _AND o ~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Comparnes HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY BOND N0. PRF08029208 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, COIpOra[IDnS of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VL Section 2 of the respective By-Laws of said Companies, which are set forth on [he reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Phyllis Ramirez, Marg&Eet Buboltz, Janie Cantu, Nancy Gray and Jitnmye Langford, all of Houstatt, Texas, EACH............ t e rue an aw agent and Attorney-in-Fact of each, to make,. execute, seal anddeliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of TWO HUNDRED FIFTY THOUSAND bQLLARS ($25<3y000)...EXCEPT bonds on behalf of Independent Executors, Community Survivors and.Communit Guar i n e execution o suc n s or un ertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimoree Md., in theft Awn proper persons. This power of attorney revokes that issued on behalf of Vicie Coleman, etal, dated January 1, 1992. IN WITNESS WHEREOF, Lhe said Vice-Resident and Assistant Secretary have hereunto subscribed their names and affixed [he Corporate Seals of the said FIDELIT{ AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND $DRETY COMPANY th15__________-.____2SCh _______-___,~._~_______aay Of_________-___-~I[3I12_______________________________, A.D. 19.96 ATTEST ~ FIDELTI'P AND DEPOSTT COMPANY OF M AND SEAL ~..0..r - ------- ., ~ ---- By --------- - -------- --------"- ----------- r ~ AssisranrSecrerary Vice- resident - #~~°q4 COLONIAL AMERICAN CASUALTY AND SURE OMP ' ' ~3+.SEALi9i . - I... B „-i . ___ ____________ __ __ _ ___________________________ y _______ ___________._ _____________ ___________. -Y ' Assistant Secretary Vice- resident STATE-0F MARYLAND- ,~ 1 COU~OF BALrTIM{~R@ .~ SS: ifZ~dr~'~~~~ _ On this_____ _________day of___- Su[l~______________________, A.D. 19__96, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. came C. M. PECOT, ]R., Vice-President and C. W ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, [o me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are [he said officers of the Companies aforesaid, and [hat the seals affixed to Ne preceding instrument are the Corporate Seals of said Companies, and [hat the said Corporate Seals and their signawres as such officers were duly affized and subscribed to the said inswment by [he authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal [he day and year first above written. f ciO ~~ a~ ° a~ S. CAROL 1. FA ER ~ Nomry Public ~D~~ ~ ~ ~ Au ust 1 1996 My commtsston expves-__'----g --_--~.----_.________..-..__.-' 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 that the original Power of Attomey of which the foregoing is a full, tme and correct copy, is in full force and effect on [he date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attomey was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of [he FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLOMAL 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 FIDELITY AND 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 on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as [hough manually affixed." IN TESTIMONY WHEREOF, [have hereunto subscribed my name and affized [he corpora seals of the said Companies, [his____1 OTH___day of________~ECEMBER_________--_--. 19.4b_. L 141 WfTXl'16B-J2S' Arsismnr Secrerarv EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSTT COMPANY OF MARYLAND "Article V[, Secflon 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Cotnmmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidency specially authorized so to do by the Boazd of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." IMPORTANT NOTICE To obtain information to make a complaint: You may write: TEXAS DEPARTMENT OF INSURANCE P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX #(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 par[ or condition of the attached document. INVOICE MAKE CHECKS EO PAYABLE TO' 29157 ADVERTISWG THIS IS YOUR BILLr4v 85f•--2844 T~731; 5 Prt Dye Kerr f:D Unt y-CD~.Int'.y fa erl 70P pt~in ;t, Ruonl U12;' CDUrUlul.lse Y er•rMi l7 e, T% 7F,19."P PLEASE RETURN THIS PORTION a81D Herr GOUn . -- r -• __••.•... ~gwa q m ry, Texas for more that one year next before this date on the following dates to wit: -7 { `,,,,, t (1 19~/ D~~hY~V ~t~ 19__'S~__ 19 19 A printed copy of said writ as it was published is attached hereto as apart hereof. Publ her of _ The Kerrville Times, Kerr County, Kemille,.TX Swom to and subscribed before me by the said ' ,~„ Publisher of The Kemille Times, on this the aY o~-o~'.>rnllo~ A,b. 19. ~//O , to certify which witness my hand and seal of office PRINTER'S FEl3 tary Public, err County, Texas "~ ~ ~°i> JACHIE S. WDERMER ~~ NdaP/Pudk. BUM NTaea i~t 7/A /~ My CommwmEsPhE `.% DEC.28, 2000