ORDER NO. 28672 ACCEPTANCE OF BIDS SEPTIC TANK MITIGATION Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to accept the bids for the septic tank mitigation in Phase 1 Kerrville South Wastewater Project and refer them to Kamran Kaviani, Project Engineer for review, tabulation and recommendation for award. ~ ~~~~~ 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: June 14, 2004 TIME PREFERRED: 10:00 a.m. SUBJECT: (Please be specific). Open and receive bids for septic tank mitigation in Phase I, Kerrville South Wastewater Project. Bids to be forwarded to Kamran Kaviani, Project Engineer, for review, tabulation and recommendation for award. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. 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 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. ?age '. of 2 Bill Williams From: "Dave Tucker' To: "Bill Williams" Sent: Wednesday, June 02, 2004 3:36 PM Subject: Re: Certainly: The County is accepting competetive bids to mitigate 54 individual septic tanks, two 1,000 gallon group septic tanks, and two 1,500 gallon group septic tanks in the Oak Grove MHP. Wastewater will be pumped out, tops crushed and empty tanks filled with appropriate material per Kerr County Environenmental Health Department Rules. The specifics of the activities are in the sample Advertisement and Invitation for bids you sent me on 5/25/04. The mitigation of these tanks is required by the Contract between ORCA and the County. The cost is entirely grant eligible. $30,000 has been specifically set aside for this work, and we have approx. $8,000 leftover in other categories as well, if necessary. If the bids come in excessively high Kamran can negotiate with the low bidder to bring it within budget. The bids can be read aloud, but no bid will be accepted for formal approval until the Project Engineer checks them for accuracy and the firm's competence, Kamran will make a recommendation for award to be on the next Court agenda. This is (really) the final aspect of this grant and will complete all original goals we applied for in Phase I. We have a week to hammer this out, so don't hesitate to call for a-mail with more ques#ions. Thanks -Dave - Original Message -- From: Bill Willia_m_s To: Dave Tucker Sent: Wednesday, June 02, 2004 3:17 PM Subject: Re: Dave: I can do that at the meeting of the 14th. However, in order to do that, I need to be refreshed as to what bids we are opening and accepting for review. Please advise. Bi II -Original Message - From: Dave Tucker To: KAMRAN KAVIANI Cc: Bill Williams Sent: Wednesday, June 02, 2004 10:24 AM Subject: Re: Bill, since Kamran will be out of town, will it be possible for you to read out the apparent bids, and then pack them up and send them to Kamran so he can tabulate them and make a recommendation for award before the next meeting (6/28)? Thanks -Dave - Original Message - From: KAMRAN KAVIANI To: 'Bill Williams_~Bill_Williams' Cc: 'Dave Tucker' Sent: Wednesday, June 02, 2004 9:31 AM 6/7/04 'age ~ o ~ 2 Commissioner Williams, I'm going to be out of office the rest of this week and all of next week. Please contact John Laue with anything you may need before I get back. Thanks. Kamran Kaviani, P.E. kamran.kavian~ttisg.com Tetra Tech Inc. 501 Soledad San Antonio, Texas 78205-1508 (210) 507-0382 direct (210) 226-2922 office (210) 226-8497 fax 6/7/04 Clint G. Reeves 783 Johnson Dr. Kerrville,Texas 78028 830-634-2395 Quotation County of Kerr 700 Main St. Kerrville,Texas 78028 Pat Tinley, Kerr County Judge ~ ~ h~ ~~~ crtP~~, ~~<,~ Greetings, I hereby respectfully submit the following quotation for the proposed "Septic Tanks Mitigation in Oak Grove Mobile Home Park in Kerrville,Teaas" as per your advertisement and invitation for bids for construction dated May 24,2004. I will complete the job as advertised for the sum of -________________________________$74,300.00 [Seventy-four thousand, three-hundred and no/100 dollars] Enclosed please find a certified check made payable. to the County of Ken for the bid amount in lieu of the required Bid Bond. Thank you for the opportunity to quote this work sincerely, /~ Clint G. Reeves TCEQ license # OS320 rcurifv enhrnced docomenr Ser bark /o de CLINT Ca. REEVES 783 JOHNSON DR. PH. 83034-2395 N;ERRVILLE, TX 78028 ~~ PAY TO THE ORDER 2178 !, G r0 ~ ~-z»3~~,w DATE ~ / t100 i $ >y3oo U Q ~ nn~LARS 8 BRCaADWAY BANK 1lERRYRIF BRANCH (800) 631-7850 ,/ ~ FOR%~`~ ~~'~~oac~ C~~Cr~ye~~Y!/->e~ D W Contractors (Pont or type tame of Principal) By: ~~' " (Signature of authorized repreaauative) David Wahrmund, President (Type natne and title) (seal) NAVIGATORS INSURANCE COMPANY By: ~-~~ ~ (~in-Fact) D,fa/vi~d E. Sund ~ ~~ (Name Typed) NA VIGA'TORS INSURANCE COMP~.N'Y One Penn plaza, New York, NY IQ1I9 212-2d4-2333 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE. PRESENTS: That the ]NAVIGATORS INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of New York ("Company" or "Corporation"), does hereby nominate, constitute and appoint, David E. Sund, Lana Sund, and Kimberly Huoni of Insurance Concents of San Antonio, [ne. ,its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $ 5.000.000.00. Such bonds and undertakings, when duty executed by the aforesaid Attorney(s).in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of tune, 2002: RESOLVED, that the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company, and it was FURTHER RESOLVED, that the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such'POwer of Attorney or certificate bearing such facsimile signatures or facsimi]e seal shall be thereafter valid and binding upon the Company withrespect to any bond, undertaking or contract of suretyship to which it is attached. Bonds a xecuted under this P ower o f Attomey may b e e xecuted under facsimile s ignature and s eat p ursuant t o the following R esoldtion adopted by t he B oard o f Directors of the Company,on Tune 7,_2002. _ - RESOLVED, that the signature of the President of this Company, and the seal of this Company3nay be affixed or printed on any and all bonds, undertakings, recognizances, or other written abtigations thereof, on any revocation of any Power of Attorney or on any-certificate :relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attomey; bonds, undertakings, recognizances,_certificate or _ other written obligation, beanrrg such facsimile signature or facsimile seal shad be_valid and ltinding upon the Cotporatioti. ITN WITNESS WHEREOF, the NAVIGATORS INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this Z6th day of June, 2002. ,, _ _ _: _ - ~~~~~-~-~~ i •~.., r --.. .'" '- ..----:4 ~ '-, _ PRE ENT ~ ~ n '9 r ~ f:• - i -- A ~•i 'l. '- - ~ %^ r _ ~. c- y r ~ Attest: _. „ `. _ -- •. ~ , - s ~( :.~ - ' ' ; SECRETARY --. •-> ~, ,,, ~~, `~ '°~"'" STATE OF NEW YORK - _ - On this 26i° day of June, 2002, before me personally cartes Stanley A: Gatanski; to me Imown'who, being truly st~rn,~%d-depose and say: that he is Present of the Company described in and which executed the above instrument; that he knows the seal of said Company; .that the seal affixed ttr~tte~for~said instrument is ¢uch sotporate seal and was affix ed thereto',by order and authority of theBOard of I)ireetot~ofsaid C~rrrpany; and that he executed theaaid instrum~tt by tike order and sutt-ority: ANCsEL:A CONEtVNA Natary Public, Stets at New Yark Ho. 01 C0602936t ~ ' qualified in Kirtgs County ~ Commission Expires August 3U, ~, NOTARY PUBLIC STATE OF NEW YORK COUNTY OF NEW YORK ss. I, B radley D. Wiley, S ecretary o f t he N AVIGATORS INSURANCE C OMPANY, a c orporation o f t he S fate o f N ew'Y ork, d q h ereby a ertify t hat t he above a nd foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared saYne with the origitiak and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attomey is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have heretmto set my band and affixed the seal. of said Company, at'the City of New York, this Rth day of ,~ttn+E~ ~_Z.QQ.~~• . - t ~ i - - - - - - , . ~ ... ~ ...~ ... - 5 - - - - 'Et'RETARY - ~ ---- --_ - 1 :,I ~ - _ _ -- ~ '.J - „ 1 _ - ~q~dJ NAVIGATORS INSURANCE COMPANY Required Notices Rider Complaint/Claim Notice To obtain information, or make a complaint: You may call the Surety's telephone number for information or to make a complaint or file a claim at: (847)230-1930 You May also write to the Surety at: Navigators Insurance Company c/o Navigators Management Company, Inc. 1375 East Woodfield Road Suite 720 Schaumburg, IL 60173 Fax #: (847)230-1934 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P O Box 149104 Austin, TX 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 the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the "Act"). Under the Act, any covered losses caused b y c ertified a cts o f t errorism w ould b e p artially r eimbursed b y t he U nited S tates under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which Navigators Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) NAV-SU-13 /01-03 FRX N0. 6053350357 P. ()2 vU11-10-2004 THU 03 20 PM WESTERN SURETY OD% Weskern Surety Company BID BOND (Percentage) Soryd.NUmber;__, b9729a,17 ._. -__.-_ KtJOWAI..LPERSONSBYTHESEPRESENTS,Thatwe Gu~cialupE~ Mgreno,.dba_Guadalupe__. -_, _,_... _ Cc~ntr~~-ctax, ~ __. , ~_ . ..._-- of 1576 71 Ranchero Rci. ,...K~:rrviLle, TX, X8028 -,~. ,__-_ ,--., _-__., hereinafter referred to as the Principal, and Western Surety-. Comp~ry_ ,.._ _,_ -__- as Surety, are he{d aryd firmly bound unto Col~nty- ~F„ xerr_-..,.__., .--_ _____ .._`. _-._ _ __ ~ --. •-- of 700 hSai,n Street, herxville, TX , 713028 -__ __.__ I~ereinafter referrer! to as the Obligee, in the sum of . __.,,`Five .___. __{ _ ~, %} percent of tl~e greatest amount bid, for tltie payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. Wl-IERCAS, }7rincipai has submitted or is about to submit a proposal to Obligee an a contract for . .__ ._.. __ . .~npt~c, Tank_t4ilig~t],~n Uak, Grove- Mcr}~iir~ _H~m~:_P~rk„ _ _, ,_. " ___ NOW, 7f~EREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in airiting and give such bond or bands as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligati the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; othtirwise to remain in full force and effect, SIGNED, SEALED AND D1~1~EU this ,--l1th _, day of _ ,,,,- Juno , -_-_,, __, 2004 Guadalupe Morcno,dha Guadalupe Contractors 1~ (f~ri-ncipal) `- ___- _ w _ t rn Surety ,nn}pany_ . (Sur ~Y ---- .,. --- - --- ------ - (Seal} Jotan Richard Furmf}n TZI rnoy-in-fact Fonn FG&ic~ 2 FRX N0. 6053350357 P. 04 SUN-10-2004 THU 03 21 PM WESTERN SURETY 11CfiNOWLI;I)GM1;NT OF SURETY STATI; OF ._" _.Texas _., -__ (Altarrrey-in-I':~et) Cln this .__ .. li Ltl t1~y of. ... _.-. June __ --____. _ 2004 -_ -., before nie, 3 notary public in and fur swirl County, pcr:;onally apl~cax+~+! . __ ^-__ ±.._. --_.. -___ ~7ohn tii.chard_.Fu:sttatz III . __.. _._. ..__ ..._,_.._ _ to +ne pcrsvvally knotivn and being by inn duly sti•orn, did say, that he is the Att~rncy-in•Fact of WRS'1'LRN SUItr;TY CO11II'ANY, a corporation of Sioux falls, South Dakota, cr~z~ted, urganiyed and existing utirler anti by virtnc of Lhc 11ws of the State o!' South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Buard nF llirectoraandthatthesaici ____ _.__. _.-_ ,_. _.. ~701tr~-,Ai~ch~rtl F+,lxmar_1__TrI~, _.___.._-_.. .__-_,-__-,_ ack+io~vladges said instrument to be the frre act and deed of said corporation and that he has a+ithorily to si{;n said instrument ~vithot:t affxiug the cargac:Lte seal of said corpuratiau. ____ . , IN WZTNk:SS y~Y)-{FIZFUF,1 have liercunto sul>scrilied ruy itxtuc and afi;xed my official teal at _ _-_-.. ,--._„ _.. ,_ Knrrvi,lle. - Texas _. . _ ._ ... _ -- _ _-~ •-- --- . , _._... _ -_._ _ .. . _ --- . --- ~ „-.-- -; - .the day r last fl ~OVC writtan. My comu'+ission expires `0 ~~ ~(~ ~p--_ . ..-- N..---- •-- - •-- ~ - _ . ~ .____ , _~ ..__.- __-, • - ., Notnry Public ~ortn 100-d-:000 i .~ J1M1-R. ~owErv ~y Public dTME OF TEXAS _~• My Oomrn. Exp. 10-7-06 FAX N0. 6053350357 P. ~ JUN-10-2004 THU 03 21 PM WESTERN SURETY Mate of Texas C{aim Notice Endorsement To be attached to and form a part of Band No. _, 5972h147 _ In accordance with Section 2253,421{f) of the Texas Government Gode and Section 53,202(6) of the Texas Property Code any notice of claim to the named surety under Phis bonds} should Be sent to: CNA Surety 333 South Wahash ChicaOti, I!. 60604 Telephone: (312} 8225000 Form FEi0~4 5 SUN-10-2004 THU 03~z0 PM WESTERN 5URETY FAX N0. 6053350357 P' Q3 Western Surety Company POWER Off' ATTORNEY - CER'P~FIFD COPY Mond No.... _ 69729197„ __. know Al! A4rn fay 1'hcsa T?rr,:.entr,, that ~VES'I'ISRN S1J131':1'Y COh41'.+.NY, u corporation duly organirrd and ecisting under thu l:,tivs of thr. State of Soutb Dakota, and halving it:, princil,nl office in Sioux 1:a11H, South Dakota (thr "C•otxpany"), does by the:;e prc:+ents r,tal:e, con~titutr; and appoint ..._ . _-.J'Q,hrt. rirhard_.F'urman LII ,._~ ,.__. ~_.. __. ___-. ___ ,_, _ it3 tru+; and lswful attorney(s)-in~fsct, with full power and authority hereby congarred, to rsreutn, acknowledge: and deliver for and on it9 bCT1:e1f rY Sure,ty bonds for: Yrituipal: Guadalupe IKOrena dY~a Guad,al.u~a Contractor:: Obli;rec.: County of I{err Aeuoant. X500, QQO. OD and to bind the Company thrrpby ay fully and to the aausa rxtent as if such bonds were signed by the Senior Vicc Preside+nt, be;sles ~~ith the airpcir~td; seal of the f:uutpnny and duly attr~tcd by its Secretary, hereby rz~tifyin~; soil ctu~FirminG alt that the sKid attorney(s)-in-fact may da within tTse ab,)ve suited limitntiona. Said appuintmt;nt is made tinder and by authority of the following byIaty of ~Uestc,rn Surety Company which remains in flah force and effect. "Section 7. All Tx,nds, policies, undertakings, Ytxvcrs of Attorney or other obligations of the corporation Shull be c~ccuted in the COl'pOr:etr, name, of tBe Company by the 1're?sidcnt, Secretary, any Asbintnnt Secretary, Treasurer, or any Vicc 1'residcnt or by such other o[Rce,rs av the Huard of Directors may ,tuthori~e, The I'residw+,ai, any Vicn President, Setrukary, xny ~'1ssi5tnnt Secretary, or the Trc'nuurcr n,rly al,paint Attorneys in T?net or a6ants who Fhali have authority tc issue 6ondH, policies, of undcrta,kings in the namo of the Company_ Tls,r corporate seal is not necessary for the val'iility of any bond4, policies, eeny conferred shrill eapirc and termin,eEey without notirc, unless used before midnight of . Sept emhc:Y 11, . _~ ?9.04 .,but until such time shall be irreva;ahle and in fu{T Force and effFCt. in 4Yit~tes3 t'Ihc•rcof, lVrstern Surety Company has cuuHOd the9c presents to be signed Uy its Senior Vir.C President, Paul T. 13rufIart,andit.g,cpsT,nt•atesi>.~]tobe;ifG~cdthis.^12?~t? _cinyof .~.._ ,._!?1~Y12_.,__. _ __200__, .~•.,, ,:.. ~•,,.,•.,{~.;, WES '~ SU1~r~+Y COMPANY •e~r:• ', t3#}~f . ,'•., ~;err'... ~' ~~?• ~ ~"`'~ I?nu1T, Bruf[st 'enior Vito President s'r:~;'ri~'cj)~ SQ.LITIi•J]~'1~c'11.1 1 COi.IN'1`5t.ljl. iYIT ,Tji\Tii~IArTA Un this . _ 1 Zth_-- dqy of ..__.-..Junes _ _, 1n the year ~? OQ9, ,before nee, a nat,•try public, personally 1ppelrod i',iul r. 1lnstlat, who !nlag to me duly sworn, acknowlcd~,md that he signed the shove Power of Attorney e,s the aforrs,nid officer u[ Wry;C1•:]1N STlltl,'1'Y Cnl~tf ANY and acknowledged aQld in:ttruinent to bs: the vntuntsry• net and treed of slid corpnmtion. }444.r.titi~.w~tti•.~Y4h.,~..Y•atirr } / /~ f ~Fa% NOTI-RY YUaUC sE~rt r' otary I'ulilic, • South f):ikota f SOUrN DAKOTA '1' i ~ ~titititir,tititihtititititiShhti.,r,ar } fvly G4mmis~iUn Expires Novem6cr 30, 2DDG T the undcrnil;rred e,fFcer of WeStcrn Surety Company, n stock cnrporytlon oC the Stale of South Dakota, do hereby certify that the attachc,l Power t,f Atwrnty ire in full Curee and effect and is irrevocahlc, and furthurmorc, that Scetion 7 of the bylaws of the Company My ;,ct !"orth in the Pc„ecr oflltturnty is now in fnecc. In test im~ny whereof, l hnvo hnrrunto set my hand and sc;,t of 4Vcr;tcrn Surety Cun,p:ens this 11th . day of _ ,7unr 2Q,O~I . WF:S ~ Tr SLrit~ 'Y CONII'ANY -- - Paul T. llruflat ,enior Vicc President form F53o6~4.200Z June 11, 20E}4 Guadalupe Contractors 1526 Ranchero Rd. Kerrville, TX 78028 Office (830) 257-8937 Fax (830) 257-7294 Kerr County Clerk 700 Main Street, Suite #122 Kerrville, TX 78028 Re: Oak Grove Mobile Home Fark Medication of Septic Tanks Water & Wastewater Utilities Commercial and Residential Guadalupe Contractors proposed to furnish materials and labor to pump and fi1154-500 gallon, 2-1000 gallon, and 2-1500 gallon tanks in accordance with TECQ specifications. Cost for labor and materials $49,834 Note: All bids are good for 30 days. Su 'tted by: Accepted by: r~4 ~~ Date; ~\ o~ Date: