ORDER NO.31326 MAINTENANCE BOND FOR MO RANCH ROAD Came to be heard this the 8th day of June, 2009, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve releasing the Performance Bond and accept Maintenance Bond in the amount of $79,037.40 for Mo Ranch Road for one year from June 8, 2009 to June 8, 2010. 3~3a ~ `• ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES. ~wrr MADE BY: LEONARD ODOM OFFICE: Road & Brid.~e MEETING DATE: JUNE 8, 2009 T1ME PREFERRED: SUBJECT: (PLEASE BE SPECIFICI Consider, discuss and take appropriate action to accept the maintenance bond for Mo Ranch Rd. for one year. Pct. 4. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: LEONARD ODOM ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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 a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: ~a, All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. rw' ~~A~ E ~ ~ ~ ~ cQUnry ~ ~~ Kerr County Road & Bridge 4010 San Antonio Hwy Kemrille, Texas 78028 TO: COMMISSIONERS' COURT FROM: LEONARD ODOM DATE: JUNE 8, 2009 RE: ACCEPT MAINTENANCE BOND FOR ONE YEAR FOR MO RANCH ROAD, PCT. 4. MO RANCH ROAD WAS RELOCATED TO MAKE FOR A SAFER AND BETTER ROUTE THROUGH THE MO RANCH FACILITIES. THIS ROAD HAS MET ALL THE QUALIFICATIONS THAT KERB COUNTY REQUIRES. ALL SIGNAGE HAS BEEN PUT INTO PLACE. AT THIS TIME WE ASK THE COURT TO ACCEPT THE MAINTENANCE BOND FOR MO RANCH RD IN THE AMOUNT OF $79,037.40. THIS MAINTENANCE BOND WILL BE GOOD FROM JUNE 8, 2009 TO JUNE 8, 2010. IN ONE YEAR WE WILL RECHECK THE ROAD AND REQUIIZE ANY REPAIRS TO BE COMPLETED PRIOR TO THE COUNTY ACCEPTING THE ROAD FOR MAINTENANCE. Kn CC MEMO MO RANCH RD MAINT BOND ACCEPT. DOC MOTHERAL INDUSTRIES, INC. 812-A Sidney Baker Kerrville, Texas 78028 Phone * 830-257.6360 Fax * 830.257.6361 TRANSMITTAL From: R. Bruce Motheral Date: May 28, 2009 ~o~~ To: Len Odom 4010 San Antonio Hwy Kerrville, TX 78028 Phone: (830) 257-6360 FAX: (830) 257-6361 This TRANSMITTAL contains this sheet and 3 sheet. Re: Presbyterian Mo-Ranch Assembly County Road Final Approval Please find enclosed a completed Maintenance Bond by Edmund Jenschke, Inc. Please approve this project for final approval subject to one year's maintenance before acceptance by the County. If you have any questions please let us know. Thanks, R. Bruce Motheral, P.E. cc: Gary Batty Presbyterian Mo-Ranch Assembly 07-7124 Liberty Mutual. West American Insurance Company 9450 Seward Road, Fairfield, Ohio 45014 MAINTENANCE B OND 5052992 KNOW ALL MEN BY THESE PRESENTS, that we, Edmund Jenschke, Inc.. 225 Interstate 10. Kerrville. TX 78028 as Principal, and West American Insurance Company , as Surety, are held and firmly bound unto Kerr County Road & Bridge, 4010 San Antonio Hwy, Kerrville, TX 78028 (hereinafter called the Obligee), in the penal sum of Seventy Nine Thousand Thirty Seven and 40/100 Dollars $ 79.037.40 for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated: June 8, 2009 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee for MO-Ranch -Roads & Water Main Project and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall for a period of ONE (1) years from and after the date of the completion of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship that may be discovered within the period aforesaid, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of the Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its home office in the city of Hamilton, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. Edmund schk ,Inc. 25 Inte to ille, TX 78028 West American Insurance Company (Principal) / A David E. Sund (Attorney-in-Fact) 5-17 Principal: Edmund Jenschke, Inc., 225 Interstate 10, POWER OF ATTORNEY Kemille, TX 78028 THE OHIO CASUALTY INSURANCE COMPANY POA Number: 38-627 Obligee: Kerr County Road & Bridge, 4010 San WEST AMERICAN INSURANCE COMPANY Bond Number: 5052992 Antonio Hwy, Kemille, TX 78028 Know All Men by These Presents: THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Inswance Company and West American Inswance Company do hereby nominate, constitute and appoint: David E. Sund, Lana Sund, David Todd Sund or Kim Huoni of San Antonio ,Texas its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as swety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guazanteeing the payment of notes and interest thereon. And the execution of such bonds or undertakings 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 regulazly elected officers of the Companies at their administrative offices in Faiffield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Inswance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 23rd day of May, 2005 `tv INS~.p vP----' -' •,,,Y °j •' O 4P' ~ A c; ',n o; SEAL ,a ~yd'•, i t2 STATE OF OHIO, COUNTY OF BUTLER ~~`GPN INSU~NC~ F: ~. n SEAL ~~; W ~ ~2 Tj• ;T Sam Lawrence Assistant Secretary On this 23rd day of May, 2005 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of The Ohio Casualty Inswance Company and West American Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument aze the Corporate Seals of said Companies, and the said Corporate Seals and his signature as ~fficer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. `~nruAtltflr~ ~4pF~ '~1f IlI't ` ~~~~ ~~HNlglat~ Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2007 This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Inswance Company and West American Insurance Company, extracts from which read: Article III, Section 9. B.pnointment of Attornevs-in-Fact. The Chairman of the Boazd, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as swety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of swetyship and policies of insurance to be gven in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boazds of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boazds of Directors of the Companies on October 21, 2004: RESOLVED, That the signatwe of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as swety any and all bonds, undertakings or other written obligations in the natwe thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatwes and seal aze hereby adopted by the Company as original signatwes and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. I ,the undersigned Assistant Secretary of The Ohio Casualty Inswance Company, American Fire and Casualty Company and West American Insurance Comparry, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above resolution of their Boazds of Directors aze true and correct copies and aze in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 8th `ZY INSV pP. -----.R,gti o?~ °F O; ~, L7 o; SEAL !~ ,a Syr tr We`cAN INSU~~c~ ~' ',n ~~ SEAL 1~ W ~ '2 ;'~ day of June 2009 i~~~~~'~~~~~j/,G~lysw4~ Mazk E. Schmidt Assistant Secretary `'fir' ~~ b Liberty Mutual. West American Insurance Company TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call Ohio Casualty Bond's toll-frcc tclcphonc number for information or to make a complaint at 1-800-$43-6446 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at I-800-252-3439 You may write the Texas Department of Insurance P. 0, Box 149104 Austin, TX 7$714-9104 FAX: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Shvulcl yvu have a aispuic wntcrning your premium or about a claim you should contact the agent or Ohio Casualty Bond 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 dots not bccomc a part or condition of the attached document. TEXAS AVISO iMPORTANTE Para obtcncr information o Para someter una queja: Usted puede llamar ai numero de telefono gratis Ohio Casualty Bond's para information o Para someter una queja al 1-800-843-6446 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P. O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail; ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con cl agcntc o Ohio Casualty $ond primero. Si no se resuelve la disputa, puede entonces cornunicarse con el departarnento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo pars proposito de information y no se convierte en parte o condition del documento adjunto. ~1MMw' IdP 70 68 09 Ol