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HomeMy WebLinkAboutContract 49645-R2 CITY SECRETARY CONTRACT N0. 4.9 6 45-ka CITY OF FORT WORTH SECOND RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Tejas Commercial Construction LLC., authorized to do business in Texas, ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretary 949645, M&C C-28353) for the PROJECT generally described as: Small Diameter Water Main Extensions, Replacements, & Relocations Contract 2017, City Project Number 100993;and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to two times as provided by M&C C-28353;and WHEREAS, the City and Contractor renewed and amended the contract on April 29, 2018 (M&C C-28589)(CSC No. 49645-R1);and WHEREAS, the City and Contractor desire to renew the ORIGINAL AGREEMENT, as amended, for an additional term at the same price; and WHEREAS, funding for this SECOND RENEWAL is available in the 2019 Water Capital Projects Fund,as appropriated in Ordinance 423392-09-2018; NOW, THEREFORE, it is agreed by the City and Contractor as follows: Article I The Scope of Services as set forth in the ORIGINAL AGREEMENT has not changed. Article H The Contractor's compensation shall be in the amount up to $750,000.00. The Term of this renewal agreement shall be for one year, effective as of the effective date or the expenditure of the funding,whichever occurs first. Article III There are no other changes to any other terms or conditions of the ORIGINAL AGREEMENT,as amended. OFFO� OFFICIAL RECORD CITY SECRETARY V�®I�T `� Second Renewal of Agreement FT. a e o Tejas Commercial Construction LLC. City Project No.100993 EXECUTED by each parry's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. City of Fort Worth Tejas Commercial Construction Jesus J.Chapa Assistant City Manager President DATE: ��/ DATE: APPROVAL RECOMMENDED: Christopher Christopher Harder,P.E. Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: C-29082 Date: 04/02/19 1295#2019-452207 Douglas W. Black Sr. Assistant City Attorney A S O d�T �4ar J. Kayser City Secretary AC rFT. ICIAL RECORD Y SECRETARY Second Renewal of Agreement M TX Tejas Commercial Construction LLC. WMERP2017 Uty ojec 0061 13-I PERFORMANCE BOND #4422881 Page I oft I SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL.BY THESE PRESENTS: 6 COUNTY OF TARRANT 7 Teas Commercial Construction, LLC 8 That we,___ �_ _ , known as 9 "Principal"herein and SureTecVInsurance Company a corporate 10 surety(sureties, if mare than one)duly authorized to do business in the State of"Texas, known as I I "Surety" herein (whether one or snore), are held and firmly bound unto the City of'Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as"City" herein, in the penal 13 Sum of, seven hundred fifty thousand Dollars($� 750,000.00 _ ), la«fill 14 money of the United States, to be paid in Fart Worth,Tarrant County, Texas for the payment of 15 which sum well and truly to be made, we bind ourselves,our heirs,executors, administrators, 16 successors and assigns,jointly and severally, fir rely by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the day of ' 20 which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to ful•nish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as 2nd Reneival Small Diameter Water 22 Main Extensions.Replacements &Relocations Contract 2017; City Project No. 100993 23 NOW,THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 iait:lif illy perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on (]its Bond, venue sliall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of'I'cxas, Port 31 Worth Division. CITY OF FORT WORTH SIiMA1,1.DIAMFTER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMFNFS FXTENSIONS,R.1 L,ACEME"I'NS& Revised July 1,2011 RFI,OCATIONS CONTRACT 2017 City Project No. 100993 0061 13-2 PERFORMANCEBONI) #4422881 Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 'texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 1 IN WITNESS WHEREOF,the Principal and the Suretyhave SIGNEI.) and SEATED 5 this instrument by duly authorized agents and officers on this the clay of 6 APR 0 ? 2019 . ,)o 7 PRINCIPAL: 8 Tejas Commercial Construction, LLC -.....__................._.__....... ... 10 1 1 B Y(�s� 12 Signature 13 ATTEST: 14 15 Charles D. Allen, Vice President 16 (Principal)Secretary Name and Title 17 18 Address: PO Box 10395 19 River Oaks, Texas 76114 20 817-901-8499 - 21 22 Witness a99 Principal 23 SURETY: 24 SureTec Insurance Com an 25 26 /J 27 BY: � (i kil 28 Signature 29 30 Chris Lynn Holt, Attorney_In-Faces 31 Name and Title 32 33 Address: 9737 Great Hills Trail, Suite 320 34 Austin, Texas 78759 35 _ — - 36 _ 817 261-1101 37 Witness a IO6beaty Telephone 1\urnber: 38 39 40 41 *Note: if signed by an ofticer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 SUrety's physical address is different from its mailing address, both must be provided. 44 'I'l-te date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH SMALL,DIAMETER WATER MAIN STANDARD CONSTRUCPION SPECIFICATION DOCUMI"N'i'S 13xTf-:NS10NS,RL3PL..AC[ML"I"NS& Revised July 1,2011 RELOCATIONS CONTRACT 2017 City Project No. 100993 POA tf: 4221828 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know .411 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Chris Lynn Holt, Mark Mitchell, Natalie R. McCalment,Jim H.Barr, Russell Board, Roger A. Redden, Rhonda Wells its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this lsth day of August A.D.2018 . �N SURETEC INS PANY SVt1ANCF W4r' X q 0 By. w w y= John Kno ,CE State of Texas ss: County of Harris •......... On this 16th day of August ,A.D.2018 before me personally came John Knox Jr.,to me known,who,being by me duly sworn, did depose and say, that he resides in Houston, Texas,that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACaUELYN GREENLEAF _Notary Public,State of Texas Comm.Expires 05-18-2021 Notary ID 12s903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this r day of Ag Bre'd Beaty,A rstant Se tary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 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 PO Box 149104 Austin,TX 78714-9104 Fax#:512-490-1007 Web:http//www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov 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. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 06042014 00611-r-1 PAYMENTBOND #4422881 Page I of 2 1 SECTION 00 61, 14 2 PAYMENT BOND 3 =1 THE STATE OF TEXAS § 5 § KNOW ALL BY'THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Tejas Commercial Construction, LLC known as 9 "Principal" herein, and SureTec Insurance Company , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as l I "Surety" herein (whether one or more), are held and firmly bound unto the City of'Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the penal sum of seven hundred fifty thousand Dollars 14 ($ 750,000.00 ), lawful money of the United States, to be paid in Fort North, Tarrant 15 County, Texas, for the payment of which sum well and truly be made, we bind ourseIves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 _day of APR 0 2 2519 20�, which Contract is hereby re('erred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as 2nd Renewal. Small Diameter Water Main Extensions 23 Replacements & Relocations Contract 2017; City Proieet No. 100993 24 NOW, 'I'llEREFORI , THE CONDITION OF T111S OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the'Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become Trull and void: otherwise to remain in fill] 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 "Texas Government Code, as amended, and all liabilities oil this bond shall be determined in 31 accordance Nvith the provisions of said statute. CITY OF PORT\VOK]II SI`1Aid,DIMOU tER WATER(MAIN STANDARD CONSTRUCTION SITC111C'ATION DOCUMF..NTS FATI.:NSIONS,REPLACENIENTS&. Revised July 1,20J I RI',I.00ATIONS CONTRACT 2017 City Project No. 100993 0061 I4-2 PAYMENTQOND #4422881 Page 2 of 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 002203 , 20 4 PRINCIPAL: Tejas Commercial Construction, LLC ATTEST: BY: Signature Charles D. Allen,Vice-President (Principal) Secretary Name and Title Address: PO Box 10395 River Oaks,Texas 76114 _ 817-901-8499 Witness as t rincipal SURETY: SureTec Insurance Company ATTEST: BY: V �` Signature Chris Lynn Holt,Attorney"�Fr,I_ -_= (Surety)Secretary Name and Title Address: 9737 Great Hills Trail, Suite 320 Austin,Texas 78759 Witness as to .' rety U 817-261-1101 Telephone Number: 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. i l END OF SECTION 12 CITY OP FOR"T WORTH SMALL DIAMLTER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS,REPLACEMENTS& Revised July 1,2011 RELOCATIONS CONTRACT'2017 City Project No.100993 POA#: 4221828 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Chris Lynn Holt, Mark Mitchell, Natalie R. McCalment,Jim H. Barr, Russell Board,Roger A.Redden, Rhonda Wells its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any, Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20*of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO,and its corporate seal to be hereto affixed this 16th day of August A.D.2018 . WNW SURETEC INSU PANY w: w `•a` John Knor.,CE State of Texas ss: Co 5. Z 1 `' County of Harris ........... On this 16th day of August ,A.D.2018 before me personally came John Knox Jr.,to me known,who, being by me duly swom,did depose and say, that he resides in Houston,Texas,that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN GREENLEAF 'Notary Public,State of Texas �""`• Imo- Comm.Expires05-18-2021 Notary►D 126903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and cdr-rect-ebpy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Boa&of IJireet s,sett out in the Power of Attorney are in full force and effect.Given under my hand and the seal of said Company at Houston, Texas this 1�} H-'day of �-QI A.D. .Brent Beaty,A rstant SeMetary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 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 PO Box 149104 Austin,TX 78714-9104 Fax#: 512-490-1007 Web:http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov 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. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 06042014 1 0061 19-1 MAINTENANCE BOND #4422881 Nige 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we— Tejas Commercial Construction,LLC known as 9 "Principal"herein and __SureTec Insurance Company a corporate surety 10 (sureties, if more than one)duly authorized to do business in the State of Texas, known as I I "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of"Texas, known as "City" herein, 13 In the ruin of seven_hundred_fifty thousand__ Dollars ($__ 750,000.00 14 lawful money of the United States,to be paid in Fort Worth,Tarrant County,`Texas, for payment 15 of which sum well and truly be made unto the City and its successors,we bind ourselves, our 16 heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these 17 presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the day of-...._..............__ APR a 2 2919 --, 20.—-, which Contract is hereby, 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the"Work")as provided for in said contract and designated as 2nd Renewal Small Diameter 25 Water Main Extensions,Replacements&Relocations Contract 2017; City Proieet No. 26 100993; and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that the Work is and will 30 remain free irony defects in materials or workmanship for and during the period oftwo (2)years 31 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 32 0I'Y Of PORT WOR"I'II SMALL DIAMETER WA"1 ER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F.XI-ENSIONS,REPLACEMEMT;S&,, Revised July 1,2011 RELOCATIONS CONTRACT 2017 City Project No. 100993 0061 19-2 MAINTENANCE BOND #4422881 Page 2 of 3 1 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the City of the need therefor at any time within the Maintenance 3 Period. 4 5 NOW THEREFORE,the condition of this obligation is such that if Principal shall 6 remedy any defective Work,for which timely notice was provided by City,to a completion 7 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 8 full force and effect. 9 10 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 13 the Surety under this Maintenance bond;and 14 15 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 16 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 17 Worth Division; and 18 19 PROVIDED FURTHER,that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS,REPLACEMENTS& Revised July 1,2011 RELOCATIONS CONTRACT 2017 City Project No.100993 0061 19-3 MAINTENANCE BOND #4422881 Page 3 of 3 I IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SCALED this 2 instrument by duly authorized agents and officers on this the., day of 4 5 PRINCIPAL: 6 Teias Commercial Construction, LLC 7 --_ r- 8 9 BY:..._—_........� _ 10 Signature i l ATTEST: 12 13 Charles D. Allen, Vice-President 14 (Principal)Secretary Name and Title 15 16 Address: PO Box 10395 17 River 0_a ski exas 76114__ 18 817-901-8499 19 20 Witness as to incipal 21 SURETY: 22 SureTec Insurance Comnanh _ 23 24 25 BY: ... ..�_. _ 26 Signature 27 28 Chris nn Holt, Attorney-in-Pact — .............. --- - 29 ATTEST: Name and Title 30 31 Address: 9737 Great Hills Trail, Suite 320 32 ety)Secretary Austin,Texas 78758 33 34 81 35 itn ss as to Sur t Telephone Number: 7 261-1101 —.. 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physicat address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH SMALL f11AMIA ER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EYTI NSIONS,RI P[.ACEMENTS& Revised July I,2011 RELOCATIONS CONTRACT 2017 City Project No. 100993 POA tt: 4221828 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Chris Lynn Holt, Mark Mitchell, Natalie R. McCalment,Jim H. Barr, Russell Board, Roger A. Redden, Rhonda Wells its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2014 of.4pril, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seat to f be hereto affixed this 16th day of August ',A.D.2018 . SURETEC INS ANY \�SUFlA/Vp�C By: r w to n John Kn wl CE State of Texas ss: 2, County of Harris ••- On this 16th day of August ,A.D.2018 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say, that he resides in Houston,Texas,that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYN GREENLEAF Notary Public,State of Texas F Comm.Expires05.18-2021 12fi903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. tre A.Bre'nf Beaty,A tstant SeMetary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(T13)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 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 PO Box 149104 Austin,TX 78714-9104 Fax#: 512-490-1007 Web:http://www.tdi.state.tx.us Email:ConsumerProtection@tdi.texas.gov 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. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 06042014 1 TEJACOM01 C TMURRAY ACORN"�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 05/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tamsy Taylor-Murray,CIC,AIS,ACSR INSURICA DFB Insurance Services,LLC PHONE FAX 700 Highlander Boulevard,Suite 340 (A/C,No,Ext):(817)261-1101 (AIC,No):(817)261-1120 Arlington,TX 76015 E-M R'L .Tamsy.Murray@INSURICA.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:FCCI Insurance Company 10178 INSURED INSURER B: Tejas Commercial Construction,LLC INSURER C: PO Box 10395 INSURER D: River Oaks,TX 76114-0395 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ANY 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR CPP 100033279 00 11/08/2018 11/08/2019 DAAMIAGE TO R(EaENTEDoccurre $ 100,000 MED EXP(Any one erson $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY[X]jE FX] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER EBL AGGREGATE $ 1,000,000 A AUTOMOBILE LIABILITY COMBINEDtSINGLE LIMIT $ 1,000,000 X ANY AUTO CA100033281 11/08/2018 11/08/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-0WNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE UMB100033280 11/08/2018 11/08/2019 AGGREGATE $ DED RETENTION$ Aggregate $ 2,000,000 A WORKERS COMPENSATION R OTH- AND EMPLOYERS'LIABILITY WC00005144- T T YIN 01 11/08/2018 11/08/2019 LITER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ PEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 h yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine CPP 100033279 00 11/08/2018 11/08/2019 Leased/Rented 400,000 A Inland Marine CPP 100033279 00 11/08/2018 11/08/2019 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) General Liability has a Blanket Additional Insured Including Primary and Non-Contributory,where required by written contract per form CGLO84(10 13), Blanket Waiver of Subrogation,where Required by written contract(Policy Form CGLO88 01.15)and Blanket 30 Day Notice of Cancellation(Form#IL 060 07-13 and IL011 01-15). Automobile Liability has Blanket Additional Insured,where required by written contact per(Form#CAU058 01-15) Blanket Waiver of Subrogation,where Required by written contract(Form#CAU058 01-15),Primary and Non-Contributory Additional Insured,where required by written contract(Form#CAU082 01- 15) and Blanket 30 Day Notice of Cancellation(Form#IL 060 07-13 and IL011 01.15). SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE C&O 1,11 AW ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:TEJACOM01 C TMURRAY LOC#: 1 A��� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED INSURICA DFB Insurance Services,LLC TeJas Commercial Construction,LLC PO Box 10395 POLICY NUMBER River Oaks,TX 76114-0395 EE PAGE 1 Tarrant CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Workers'Compensation Includes Blanket Waiver of Subrogation,where required by written contract(Form#WC 42 03 04B)and Blanket 30 Day Notice of Cancellation,where required by written contract (Form#42 06 01) Umbrella is Follow Form Phillip Rojo and Charles Allen are Excluded on Workers'Compensation Copy of Forms available upon request—please send your request with copy of certificate to Tamsy.Murray@lnsurica.Com Second Renewal,Small Diameter Water Main Extension, Replacement&Relocation Contract 2017; Project 100993 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C y 4�) Signature Ion S „ v G, Name of Employee n\ u r C�4 ,i I A Title M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fs WORT111 COUNCIL ACTION: Approved on 4/2/2019 -Ordinance No. 23626-04-2019 REFERENCE ** 60SMALLDWMERR2017R2- DATE: 4/2/2019 NO.: C-29082 LOG NAME: TEJASC CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of the Second Renewal of City Secretary Contract No. 49645 with Tejas Commercial Construction, LLC, in the Amount of$750,000.00 for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017, at Various Locations throughout the City and Provide for Additional Project Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $900,000.00 from available funds for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017 Second Renewal; and 2. Authorize execution of the Second Renewal of the contract with Tejas Commercial Construction, LLC, in the amount of $750,000.00 for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017 at various locations throughout (City Project No. 100993). DISCUSSION: On August 29, 2017, Mayor and Council Communication (M&C C-28353) the City Council authorized the City Manager to execute a contract in the amount of$750,000.00 with the option of two renewals with Tejas Commercial Construction, LLC, for Small Diameter Water Main Extension, Replacements and Relocations Contract 2017. The first renewal in the amount of$750,000.00 was authorized on February 20, 2018 (M&C C-28589). The City and the Contractor desire to exercise the second renewal of the contract in the amount of $750,000.00 and with the same terms and conditions. The work to be performed under this contract consists of extending, replacing and/or relocating the small diameter water mains and water main service lines and other pertinent construction required to provide water service to individual customers or developers. While funding for this contract comes from the Water Capital Fund, the Water Department issues work orders to the Contractor after payment of applicable estimated costs by the Customer and/or Developer. In addition to the contract amount, $150,000.00 is required for the project management, real property acquisitions, survey, contingencies, material testing and inspection. This project will have no impact on the Water Department's operating budget when completed. Construction is expected to start March 2019 and be completed by March 2020 or when the contract amount is exhausted. M/WBE OFFICE: Tejas Commercial Construction, LLC, is in compliance with the City's BIDE Ordinance by committing to five percent MBE participation. The City's MBE goal on this project is five http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26857&councildate=4/2/2019 5/10/2019 M&C Review Page 2 of 2 percent. Additionally, Tejas Commercial Construction, LLC, is a certified M/WBE firm. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water Operating Fund budget includes appropriations of$23,865,180.00 for the purpose of providing Pay-As-You-Go funding for Water Capital projects. After this transfer for Fiscal Year 2019, the balance will be $11,967,739.00. Appropriations for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017 Project by Fund are as depicted below: Existing Additional FUND Appropriations Appropriations Project Total" W&S Capital Projects - Fund $1,800,000.00 $900,000.00 $2,700,000.00 56002 Project Total $1,800,000.00 $900,000.00 1 $2,700,000.00 "Numbers rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder(5020) Additional Information Contact: Adolfo Lopez (7829) ATTACHMENTS 60SMALLDWMERR2017R2-TEJASC Form 1295_Redacted.pdf 60SMALLDWMERR2017R2-TEJASC 56002 A019.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26857&councildate=4/2/2019 5/10/2019