HomeMy WebLinkAboutContract 50061-R3 CITY SECRETARY
CONTRACT NO. 500 b I-I23
+' 0 2u CITY OF FORT WORTH
THIRD AND FINAL 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 #50061, M&C C-28499) for the PROJECT
generally described as: 2018 Water Lead Services Replacement Contract, City Project No.
101100; and
WHEREAS, the ORIGINAL AGREEMENT may be renewed up to three times as
provided by M&C C-28499; and
WHEREAS, The City and Contractor renewed the ORIGINAL AGREEMENT on
August 13, 2018 (M&C C-28777); and
WHEREAS, The City and Contractor renewed the ORIGINAL AGREEMENT a
second time on April 15,2019 (M&C C-29064); and
WHEREAS, The City and Contractor desire to renew the ORIGINAL
AGREEMENT for third and final time at the same price; funding for said THIRD AND
FINAL RENEWAL is available in the 2019 Water Capital Projects Fund, as appropriated in
Ordinance#23392-09-2018.
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 11
The Contractor's compensation shall be in the amount up to $450,000.00. The Term
of this renewal agreement shall be effective as of the effective date for a duration
commensurate with the expenditure of the funding, but in no event shall the agreement last
longer than five years from the effective date.
Article III
EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date
subscribed by the City's designated City Manager.
SIGNATURE PAGE TO FOLLOW 1
OFFICIAL RECORD
Third and Final Renewal of Agreement Page I of 2
2018 Water Lead Services Replacement
City of Fort Worth Tejas Commercial Construction,LLC
Dana Burgh ff Charles Allen
Assistant City Manager Vice President
DATE: 9 11 In DATE:_ 5/2e; f
APPROVAL RECOMMENDED:
Chris Harder,P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
M&C:
Date:
Douglas W. Black
Sr. Assistant City Attorney
FOR
ATTEST: A.
Mary J. Kayser
City Secretary
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensu 'ng all performance and reporting requirements.
ig ature
Lawrence Hamilton
Name of Employee
Senior Professional Engineer LOFFICIAL RECORD
Title 'y
Third and Final Renewal of Agreement Page 2 of
2
2018 Water Lead Services Replacement
s s
M City of Fort worth-Action Details I
Details _
File#: M&C 19-0064 Version:1
Type: Award of Contract Consent
Title: Adopt Appropriation Ordinance in the Amount of$500,000.00 to Fund the Third and Final Renewal of
City Secretary Contract No.50061 with Texas Commercial Construction,LLC,for the 2018 Water Lead
Services Replacement Contract for Various Locations Throughout the City(ALL COUNCIL DISTRICTS)
Mover: Seconder:
Result:
Agenda note:
Minutes note:
Action: approved
Action text: Approved.Appropriation Ordinance No.23756-08-2019
Consent Votes(0.q
0 records
Berson Name Vote
No records to dsl i .
8/29/2019 M&C Review
Official site of the City of Fort Woitn,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 8/20/2019 REFERENCE **M&C 19- LOG NAME: 6018WLEADSVCR3-
NO.: 0064 TEJASC
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Appropriation Ordinance in the Amount of$500,000.00 to Fund the Third and Final
Renewal of City Secretary Contract No. 50061 with Tejas Commercial Construction, LLC,
for the 2018 Water Lead Services Replacement Contract for Various Locations
Throughout the City (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Appropriations Ordinance increasing
estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of
$500,000.00 from available funds for the 2018 Water Lead Services Replacement Contract to fund
the Third and Final Renewal of City Secretary Contract No. 50061 with Tejas Commercial
Construction, LLC, for the 2018 Water Lead Services Replacement Contract (City Project No.
101100).
DISCUSSION:
On December 5, 2017, Mayor and Council Communication (M&C C-28499) the City Council
authorized the City Manager to execute a contract in the amount of$450,000.00, with the option of
three renewals, subject to appropriated funding with Tejas Commercial Construction, LLC for the
2018 Water Lead Services Replacement Contract (City Secretary Contract No. 50061).
On August 7, 2018, Mayor and Council Communication (M&C C-28777) the City Council authorized
the City Manager to execute the first of three optional contract renewals in the amount of
$450,000.00, with Tejas Commercial Construction, LLC for the 2018 Water Lead Services
Replacement Contract and pre-authorized two additional renewals.
On March 19, 2019, Mayor and Council Communication (M&C C-29064) the City Council authorized
the City Manager to execute the second of three optional contract renewals in the amount of
$450,000.00, with Tejas Commercial Construction, LLC for the 2018 Water Lead Services
Replacement Contract and pre-authorized one additional renewal.
The City and the Contractor desire to exercise the third and final renewal of the contract in the
amount of$450,000.00 and with the same terms and conditions. This renewal increases the total
project amount to $1,800,000.00.
The work to be performed under this contract consists of replacing water services that have been
identified as lead water services. This contract is necessary to maintain quality water service by
augmenting Water Field Operation's efforts in removing lead services from the water system in a
timely manner.
In addition to the contract amount, $50,000.00 is required for project management, material testing
and inspection.
This project will have no impact on the Water Department's operating budget when
completed. Construction is expected to start August 2019 and be completed by August 2020 or
when the contract amount is exhausted.
M/WBE OFFICE: Tejas Commercial Construction, LLC is in compliance with the City's DBE Program
by committing to eight percent MBE participation on this project. The City's MBE goal on this project
is eight percent. Additionally, Tejas Commercial Construction, LLC is a certified M/WBE firm.
This project is located in ALL COUNCIL DISTRICTS.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27212&councildate=8/20/2019 112
8/29/2019 M&C Review
A Form 1295 is not required for this contract because: This M&C does not request approval of a
contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation 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
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
$7,394,914.00.
Appropriations for 2018 Water Lead Services Replacement Contract for Various Locations
�und
Throughout the City (ALL COUNCIL DISTRICTS) are as depicted below:
Existing Additional [Project Total*
Appropriations Appropriations
W & S Capital
Projects - Fund $1,500,000.00 $500,000.00 [$2,000,000.00
56002
Project Total $1,500,000.00 $500,000.00 $2,000,000.00
* Numbers rounded for presentation.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: J. Chris Underwood (2629)
ATTACHMENTS
6018WLEADSVCR3-TEJASC 56002 A019.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27212&councildate=8/20/2019 2/2
0061 14- 1
PAYMENT BOND#4422884
Page I of 2
l SECTION 00 6114
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, Tejs Commercial Construction, LLC , known as "Principal" herein, and
9 SureTec Insurance Company, a corporate surety (sureties), duly authorized to do business in
10 the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound
I 1 unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of
12 Texas, known as "City" herein, in the penal sum of Four Hundred—Fifty Thousand and no/100
13 Dollars ($ 450,000.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant
14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our
15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
16 presents:
17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the
18 20th day of August_, 20 19 , which Contract is hereby referred to and made a part hereof for
19 all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
21 designated as 2018 Water Lead Services Replacement Contract-, City Project No. 101100,
22 Third and Final Renewal
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July I,2011 City Project No.101100
0061 14-2
PAYMENT BOND#422884
Page 2 of 2
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 20' day of August , 20 19 .
3
PRINCIPAL:
Tejas Commercial Construction, LLC
ATTEST: BY:���
Signature
Charles Allen Vice-President
(Principal) Secretary Name and Title
Address: P.O. Box 10395
River Oaks,Texas 79914
Witness as to-1:�rincipal
SURETY:
SureTec Insurance Company
ATTEST: BY: do
Signature
Chris Lynn Holt, Attornev-In-Fait
(Surety) Secretary Name and Title
Address: 9737 Great Hills Trail,#32
Austin,Texas 78759
Witness as to Surety
Telephone Number: 817-287-3228
4
5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
6 bylaws showing that this person has authority to sign such obligation. If Surety's physical
7 address is different from its mailing address,both must be provided.
8
9 The date of the bond shall not be prior to the date the Contract is awarded.
10 END OF SECTION
11
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July 1,2011 City Project No. 101100
POA N: 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. Ban-,
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, recogaizances, 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 Attorney(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
Attomey-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 201 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 .
VAANC SURETEC INS PANY
By.
John Kno ,CE
Wi
State of Texas ss: 7�:•
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.
.JACDl1EL.YN GREENLEAF
Notary Public,State of Texas
Comm.Expires05-18 2021
="« Jacq elyn Greenleaf,Notary Public
Notary ID 126903029
— 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 Attomey are in full force and effect.
� Iz
Given under my hand and the seal of said Company at Houston,Texas this day o4Beatyy,AWista!n-t
11(, A.D.
.Bren SecWtary
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:htto://www.tdi.state.tx.us
Email:Cons umerProtectionntdi.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
006113-I\
PERFORMANCE BOND#14422884
Page I of 2
1 SECTION 00 6113
2 PERFORMANCE 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 "Principal'herein and
9 SureTec Insurance Company , a corporate surety(sureties, if more than one)duly
10 authorized to do business in the State of Texas,known as "Surety"herein (whether one or more),
11 are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant
12 to the laws of Texas, known as "City"herein, in the penal sum of, Four Hundred—Fifty
13 Thousand and no/100 Dollars ($ 450,000.00 ),lawful money of the United States, to be
14 paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be
15 made, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and
16 severally, firmly by these presents.
17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the 20' day of August , 20 19 ,which Contract is hereby referred to and made a
19 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
20 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 2018 Water Lead Services Replacement
22 Contract; City Project No. 101100,Third and Final Renewal
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 faithfully 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 this Bond, venue shall lie in
30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July 1,2011 City Project No.101100
00 61 13-2 PERFORMANCE
BOND#4422884
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 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 20' day of August ,20 19
6 PRINCIPAL:
7 Tejas Commercial Construction,LLC
8
9
10 B'Y•
11 Signature
12 ATTEST:
13
14 Charles Allen,Vice-President
15 (Principal)Secretary Name and Title
16
17 Address: P.O.Box 10395
18 River Oaks,Texas 76114
19
20
21 Witness as o Principal
22 SURETY:
23 SureTec Insurance ComvgRy__
24
25 .-
26 BY: _
27 Signature
28
29 Chris Lynn Holt,Attorney-In-f-act
30 Name and Title
31
32 Address: 9737 Great Hills Trail#320
33 Austin,Texas 78759
34
35
36 Witness as to Surety Telephone Number: 817-287-3228
37
38
39
40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
41 from the by-laws showing that this person has authority to sign such obligation. If
42 Surety's physical address is different from its mailing address, both must be provided.
43 The date of the bond shall not be prior to the date the Contract is awarded.
44
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July 1,2011 City Project No. 101100
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 Attorney(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 260 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 .
N14g1 SURETEC INS PANY
`�SVf1ANpF�
.0 By:
w w n` John Kno .,CE
State of Texas ss:m 7s_1
County of Has
w#
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.
JACOIJELYN GREENLEAF
+.-
;? Notary Public,State of Texas
Comm.Expires05-18-2021
Notary ID 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 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. r 1
Given under my hand and the seal of said Company at Houston,Texas this � day of c V C -- l,� i , A.D.
.Bred Beaty,A istant Se tart'
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
PRENIIUM 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#4422884
Page 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"Principal'herein and
9 SureTec Insurance Company ,a corporate surety(sureties,if more than one)duly
10 authorized to do business in the State of Texas,known as"Surety"herein (whether one or more),
11 are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant
12 to the laws of the State of Texas,known as"City"herein,in the sum of Four Hundred—Fifty
13 Thousand and no/100 Dollars($ 450,000.00 ), lawful money of the United States, to be paid in
14 Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the
15 City and its successors, we bind ourselves,our heirs,executors,administrators, successors and
16 assigns,jointly and severally,firmly by these presents.
17
18 WHEREAS,the Principal has entered into a certain written contract with the City awarded
19 the 20`" day of August, 20 19 , which Contract is hereby referred to and a made part hereof
20 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other
21 accessories as defined by law,in the prosecution of the Work,including any Work resulting from
22 a duly authorized Change Order(collectively herein,the"Work")as provided for in said contract
23 and designated as 2018 Water Lead Services Replacement Contract; City Proiect No.
24 101100,Third and Final Renewal; and
25
26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in
27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two(2)years
29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
30
31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice from the City of the need therefor at any time within the Maintenance
33 Period.
34
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July 1,2011 City Project No.101100
0061 19-2
MAINTENANCE BOND#4422884
Page 2 of 3
1 NOW THEREFORE, the condition of this obligation is such that if Principal shall
2 remedy any defective Work,for which timely notice was provided by City, to a completion
3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
5
6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
10
11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort
13 Worth Division; and
14
15 PROVIDED FURTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
17
18
19
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July 1,2011 City Project No.101100
006119-3
MAINTENANCE BOND#4422884
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 20" day of August , 20 19 .
3
4 PRINCIPAL:
5 Texas Commercial Construction,LLC
6
8 BY ,.,—✓���1-
9 Signature
10 ATTEST:
11
12 Charles Allen,Vice-President
13 (Principal)Secretary Name and Title
14
15 Address: P.O.Box 10395
16 River Oaks,Texas 76114
17
18 Wit',
19 Witness as to rincipal
20 SURETY:
21 SureTec Insurance Company_
22
23
24 BY: C
25 Signature
26
27 Chris Lynn Holt,Attorney-In-r'agt
28 ATTEST: Name and Title
29
30 Address: 9737 Great Hills Trail#320
31 (Surety)Secretary Austin,Texas 78759
32
33
34 Witness as to Surety Telephone Number: 817-287-3228
35
36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
37 from the by-laws showing that this person has authority to sign such obligation. If
38 Surety's physical address is different from its mailing address, both must be provided,
39 The date of the bond shall not be prior to the date the Contract is awarded.
40
CITY OF FORT WORTH 2O18 WATER LEAD SERVICES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,THIRD RENEWAL
Revised July 1,2011 City Project No.101100
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. Ban-,
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, recogaizances, 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
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved4 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 .
NUN SURETECINSI PANY
��?5 9�C, _ By.
cn i w 5 z John Kno ,CE
State of Texas ss: �s '<
County of Harris •••..... ,r
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.
JACCUELYN GREENLEAF
Notary Public.State of Texas
- Comrn.Expires DS-1&2021
}P' Jac el n Greenleaf Notary Public
t '•;,;,;�`.�` Notary ID 126903029 Q y ,
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 Directorsr 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
.Bren Beaty,A istant Se4etary
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.
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