ORDER NO.2755,s AWRRD CONSTRUCTION CONTRRC7 FOR THE 2002 TCDF' COLONIR FUND WRSTEWRTER PROJECT PHASE 1, KERRVILE SOUTH On this the 13th day of Nay EQ~QE, ~_~pon motion made by Commissioner Williams, seconded by Commissioner Paldwin, the Court unanimously approved by a vote of 4-0-@, awarding the bid for the Kerrville South sanitary sewer- project, T. C. D. F'. Contract 72107, Riverhill sanitary sewer bypass and Rolling Green lift station abandon, to Compton Enter^pr^ises for a total bid of $301, JJJ• Q~Q~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: May 13, 2002 TIME PREFERRED: SUBJECT: (Please be specific) Consider and discuss bids received and award a construction wntract for the 2002 TCDP Colonia Fund Wastewater Project, Phase I, in Kerrville South. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Bill Williams, Commissioner, Pct. 2, Kamran KavianiBrad Groves, Tetra-Tech Engineering; Jim Brown, UGRA ESTIMATED LENGTH OF PRESENTATION: 15 minutes. IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Cade, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. JLiN. 13.2092 3~16PM USf7iWESTERN ~RUSTIN TX N0.886 P.2i5 pD°/ Western Surety Company PAYMENT BOND eondNumber; seso2cla KNOW ALL PERSONS BY THESE PRESENTS, That we Ron L. Camntsg~ _ --- of 2217 9aa Jacinto, xerr'ville, Texas 98028 ,hereinafter referred to as the Principal, and western Surety company as Surety, are held and finely twund unto Iterr couat+~ of 90o Main Street. xerrville, Texas 9aoze ,hereinafter Three Hundred one Thouaaad Three Hundred Fifty-Five referred to as the Obligee, in the sum of ~rtsl oo /100 Dollars ($ 3 oz , 355 . oo ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHERFJ~S, Principal has entered into a conttactwith Obligee, dated day of far Coat.1;11ctiea of 1512 LF SO" ewer nine 5 manholes 'j~j0 LF bore CYench eafety~ift station demo testing and dewaterina wpy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, In accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duty authorized modlticatlons of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect, No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Pdncipel ceased work an said contract R being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. {b) Other than in a state court of wmpetent jurisdiction in and for the county ar other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district In which the pro}act, or any part thereof, is situated, and not elsewhere. Tha amount of this bond shell be reduced by and to the extent of any payment or payments made in good faint hereunder. SIGNED, SEALED AND DATED this 13th day Of June 2002 , ,,,,,,,,,, ''~pANY,6~, ar~r• o i oL' ,~~''~a 1331h` ~~~MIMen., ~.P•,• By Pam Burgess ~_ (Seal) Attorney-In-Fact JUN. 13.2902 ~~~3~16PM USR/WESTERN AUSTIN TX~~~~~ NO. Bf36 P.3/5 ~Df Western Surety Company PERFORMANCE BOND Bond Number: 58602515 KNOW ALL PERSONS BY THESE PRF~^ENTS, That we Ron z. common Of 221? ban Sacinto, Kerrville, Texas 76028 ,hereinafter referred to as the Principal, and western snxety company as Surety, are held and finnty bound unto Kerr county ' of referred to as khe Obligee, in the sum of Dollars ($ 301.355 . oo ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, Jointly and severally, finely by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of , fOr Gon r tion a i5ry FI ]0^~ sine ~ h r aan rm rpTe safety lift station demo testing and dewaterina. NOW, THEREFORE, 'lf the Principal shall faithfully pertonn such contract or shall Indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING. legal or equitable, under this Bond may be instituted in any court of competent Jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to pertorm its obligations under this Bond, whichever occurs first, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 13th day Of sync 2002 , ~gUR,E,r.Y C'o'. . v ~' S 1.:r.('i.JJ ~ * sue: ~ ~~'• •' Q' ~ ~,.... G-105578-C I1 JUN. 13.2002 ~~~~~3~16PM USRiWESTERN RUSTIN TX N0.886 P.4i5~ Western Surety Company POWER OF ATTORNEY - CERTIFIEd COPY Bond No. 5 B 602615 Knout All Men By fiose PfesenTS, }hat WESTERN SURETY COMPANY, a corporation duly ofggnj2ed and existing under The laws of the State of South Ddkoto, ontl having tts pllnclpal office in Sioux Falls, South Dakota (the "CompanY1, tlces by these presents make, constitute and appoint a,.m n„rgf•on its five and lawful attomey(sl-irvfaci, with full power and authority hereby cantered, t^ execute, acknowledge and tleliver rot and on Its benolf as Surety, bonds for: Principal: Ron L, Compton OCII®ae: T(err County AmoUnT: $301, 355 00 and to bintl the Company thereby os fully and to the same extent as If such bonds were signed by the Senior Vice Presldenf, sealed with the corporate seal of iha Company and duly attested by hs Secretary, hereby rafliying and conBrming all the} the said attorney(s)-In-foci may do wfthln the above stotatl Ilmttaflons. Said appointment Is mode under and by authority ^F the following bylaw of Western Surety Cpmpany which remains in Tull force and effoct. "Section 7. all harps. poUCles, untleltakings, Power of gttomey of other opligahons of the corporation shall ba executetl in the corporate rmme of the Company by the President, Seaefory, any Assistant Secretary, Treasurer, or qny Vlce Presldenf or by such other officers ^s the Board of Dlredors may authorize, fie President, any vice Presldenf, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys In Fact ar agents who Shall hove authority to Issue bontls, policies, or undertakings In the Home of the Company. fie corporate seal is not necessary foe the validity of any bonds, policies. undertakings, Powers of Attamey or other obllgtlRons o} the c^rporoflon. The signature of any such officer ana me corporate segl mqy be printed by All authodN hereby conferred shall expire and terminate, without notice, unless used before mldnlgh+ June, 13. , 2003 ,but un}II such flme shall be irfev^cable and In full force ana effect. In Witness Whereof, western Surely Company nos caused These presents }o be signed by Its Senior vae president, Paul T. erufiat, orLd,ltFsG41r&orcste seal to be affixed this 13th day of June 2002 , __ ~~~D~` } W T N SUR Y COMPANY ~T Paul T. ervflat enlor Vice President On this ?-~~_ day of June , In the year 2 002 nefore me, a notgry public, personolN appeared Paul T. Bruflof. who being to me duN swum, acknowledged that he signed }he above Power of Attorney os the oforesaltl officer of WESTERN SURETY COMPANY and acknowledged sold Inshument ro be the voluntary act rind dee of sold corporation, ~/~Na1'Mrr PUBLIC ./~„ j , Otary Pub1C - SOOfh Dakota 9aUTX IL1KdTe i •yy--•444hYFFF4HK44441} My Cemmisslon Fxplses November 30, 2006 I the underslgnvd officer o} Western Surety Company, a stock e^rporgflon of }ha STete of South Dakota, tlo Hereby cvrhN that the attached Powef of Attorney is in full force and effect and is Irrevocable, and furthernore, that Section 7 of the bylaws of }ha Compgny as set fadh In The Power of Attorney is now In force. In testimony where^1, 1 hove hereunto sat my bond and seal of Western Svrey Company Inie 13th ,day of June 2002 , W T N SUR Y COMPANY Paul T Bruflat enlor Vice Presldenf Force F6aoai-2002 JUN . 13.2002 ~ ~ ~ 3 ~ 17PM ~ ~ ~ ~ ~ USAiWEBTERN RUSTIN T7{ ~ ~ ~ ~ ~ N0.686 P. Si5 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. sacozei s In.accordance with Section 2253.021(f) of the Texas Government Code and'Section 53,202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chlcago,IL 60604 Telephone: (312) 822-5000 Forcn F6Bu 5