8' v3ayo~/,~ l~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS ``'~'' TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom, Jr. OFFICE: Road & Bridge MEETING DATE: March 24, 2008 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider, discuss, and take appropriate action concerning the Western Surety Maintenance Bond # 70271788 for Misty Lane in Megan Manor, Pct. 4 . EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom ESTIMATED LENGTH OF PRESENTATION 10 minutes r.° 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: 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. reg2 ~c Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: March 18, 2008 RE: Western Surety Maintenance Bond # 70271788 for Megan Manor Megan Manor is a subdivision that was platted in the 80's, but never built until last year. Kevin Spraggins did the engineering for Nava Development, Ltd. They wanted Misty Lane to be a County maintained road and put up a maintenance bond for $25,086.00 that expires March 26, 2008. On March 4, 2008 the enclosed letter was sent to Kevin explaining that the road would not be accepted for maintenance by Kerr County Road & Bridge until the listed items were address. At this time I would like a directive from the Court on the disposition of the Maintenance Bond and suggest the road not be accepted until such time the list of deficiencies are meet and the consulting engineering fees ($239.34) are paid. Th Megan Manor ~~t~tE ~ ~ pouf ~ ~F Leonard Odom, Jr. Administrator Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Telephone: 830-257-2993 FAX: 830-896-8481 Email: kcrc~us~:atl ~r-n Truby Hardin Assistant Administrator March 4, 2008 Kevin Spraggins Vordenbaum Engineering 507 D East Highway Street Fredericksburg, TX 78028 RE: Megan Manor As we discussed the Western Surety Bond for $25,086.00 (Twenty-five Thousand Eighty-Six and 00/100) expires March 26, 2008. To insure the road will be accepted for maintenance by Kerr County Road & Bridge the following items need to be addressed. • Right of way must have 80% vegetation cover. • Silt behind the silt dams needs to be removed. • Damaged silt dams need to reworked. • Reblade/repair eroded areas in drainage ditches. • Fill eroded areas in the drainage channel to the detention pond with rock or stone. This issue will be placed on the Commissioners Court Agenda for March 24, 2008, for direction concerning the bond. Please contact us when you are ready for inspection. Sincerely, Leon Administrator CC: Nava Development, Ltd, 218 Quinlin, Pmb 371 Kerrville, TX 78028 Th megan maner2 TO: Len Odem, Kerr County Subdivision Administrator FROM: L. Wayne Wells, P.E. DATE: February 25, 2008 SUBJECT: Preliminary Inspection of Meagan Manor Subdivision, prior to Acceptance for Maintenance. This memo documents the meeting that you, Kevin Spraggins, P. E. and I had at the site on February 8, 2008. We went over the site with Kevin and noted requirements that needed to be met, prior to acceptance for maintenance by Kerr County. These requirements are as follows: 1. The right of way must have 80% vegetation cover. 2. The silt behind the silt dams needs to be removed. 3. The silt dams, that are damaged, need to be reworked. 4. Reblade/repair eroded areas in drainage ditches. 5. Fill eroded areas in the drainage channel to the detention pond with rock or stone. We discussed these items with Kevin and he understood what was needed. I agreed that I would provide a memo to you on this meeting prior to March, as that is the month when the subdivision will have met the one year warranty maintenance period. If you have any questions or require further information regarding this matter, please contact me. Sincerely, L. Wayne Wells, P.E. E: ~~~ c ,, ~~, !. ` o I 4~ o ~~~ uo ` 000000®ODOt GOC60f0 4 ~~ / ~..~c . 40uoovvovu~uuoeo~• 4 G~. ~~~ : ~ :"i 6 F.: ~ . py~ o v . r , l _ ` o a~~ r OD% Western Surety Comparry MAINTENANCE BOND Bond Number: 70271788 KNOW ALL PERSONS BY THESE PRESENTS, That we Nava Development Ltd of 218 Quinlin, Pmb 371, Kerrville, TX 78028 ,hereinafter referred to as the Principal, and western Surety Company , as Surety, are held and firmly bound unto County of Kerr Of 700 Main Street Kerrville TX 78028 ,hereinafter referred to as the Obligee, in the sum of Twenty-Five Thousand Eighty-six and oo/loo Dollars ($ 25, 086 . oo ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the County of Kerr dated 03/26/2007 ,for Residential Subdivision - Road Maintenance WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of '~`` One ( 1 )year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on March 26 2007 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one ( 1 )year(s) from and after March 26 , 2007 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 26th day Of March 2007 Nava Development, Ltd. (Principal) By (Seal) West n Suret Com an (Surety) (~ ~!~r ~~r.3~~~..~~,,,.~,en Asst Sec. 1t~..rL , ' (Seal) ~' G. Van Veld izen Attorney-in-Fact err'' Form F4721 , Y Western Surety Company .. POWER OF ATTORNEY -CERTIFIED COPY Bond No. 702717 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint G. Van Veldhuizen its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Nava Development, Ltd. Obligee: County of Kerr Amount: $50C, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." : All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 2 6 , 2 0 0 8 ,but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T- Bruflat, anti i ~~orr~~te seal to be affixed this 26th day of March 2007 . ~~'° WES SURE Y COMPANY r : ~, +`~ i~` ' Paul T. Bruflat enior Vice President x * ~ ~ ~ °~" .. ST~~'l P'~OF`,S(1TiTH°17.yF:C~"i'A ss COUN`1' Y d,11' .^, I f ~: x: ;~' HAHA On this 2 6th day of March , in the year 2 0 0 7 ,before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation. }4h~'+444h4hN~sbhbYb4b44h444 } s D. KRELL p i SEAL NOTARY PUBLIC SE 'r otary Public -South Dakota f~SOUTH DAKOTA~r }S 4S44Sb44Sb~sNb~s0h4 bM~sbb } My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 26th day of March 2007 . WES S~U`RE Y COMPANY /. Paul T. Bruflat enior Vice President Form F5306-9-2006