HomeMy WebLinkAboutContract 59061-R2CSC No. 59061-R2
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 #59061, M&C 23-0117) for the PROJECT generally
described as: 2022 Water Service Leak Repair Contract; and
WHEREAS, the ORIGINAL AGREEMENT may be renewed up to three times as
provided by M&C 23-0117; and
WHEREAS, The City and Contractor agreed to the first renewal of the ORIGINAL
AGREEMENT for an additional term in the amount of $750,000.00, said FIRST
RENEWAL was available in the 2024 operating budget of the Water and Sewer Capital
Projects Fund, as appropriated in Ordinance #26453-09-2023.
WHEREAS, The City and Contractor desire to renew the ORIGINAL
AGREEMENT for the second term in the amount of $750,000.00, said SECOND
RENEWAL is available in the 2024 operating budget of the Water and Sewer Capital
Projects Fund, as appropriated in Ordinance #26453-09-2023.
NOW, THEREFORE, it is agreed by the City and Contractor as follows:
Article I
The Original Agreement is hereby renewed and the scope of services has not changed.
Article II
The Contractor's compensation shall be in the amount up to $750,000.00. The Term of this
renewal shall be effective as of the effective date indicated below and shall expire upon the
expenditure of the funding.
Article III
There are no other changes to any other terms or conditions of the ORIGINAL
AGREEMENT.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Renewal of Agreement Pagel of 2
Tejas Commercial Construction, LLC
2022 Water Service Leak Repair Contract
EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date
subscribed by the City's designated Assistant City Manager.
City of Fort Worth
'T"-kc—
Fernando Costa
Assistant City Manager
DATE: M a r 20, 2024
APPROVAL RECOMMENDED:
Christopher Harder
Christopher Harder (Mar 12, 202413:01 CDT)
Chris Harder, P.E.
Director, Water Department
Tejas Commercial Construction, LLC
Charles D. Allen
Vice President
DATE: ?�/ �ao 2-
APPROVED AS TO FORM AND LEGALITY:
M&C: 22-0117 (auth), 24-0171 (Funding)
Date: Feb. 14, 2022, Feb. 27, 2024
Douglas Black (Mar 20, 202412:39 CDT)
Douglas W. Black
Sr. Assistant City Attorney
Contract Compliance Manner
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.
J.2j
is Underwood
Project Manager aa�FORr�nza
Pao o-+Id
ATTEST: o=°
p�Q*oQo
000*�d
aapd TE��°p9aao
p�,� b ce �
Jannette S. Goodall
OFFICIAL RECORD
City Secretary
CITY SECRETARY
FT. WORTH, TX
Second Renewal of Agreement
Page 2 of 2
Tejas Commercial Construction, LLC
2022 Water Service Leak Repair Contract
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/27/24 M&C FILE NUMBER: M&C 24-0171
LOG NAME: 602022WATER SL REPAIR CONTRACTR2-TEJASC
SUBJECT
(ALL) Adopt Appropriation Ordinance in the Amount of $900,000.00 to Fund the Second Renewal of a Contract with Tejas Commercial
Construction, LLC, for the 2022 Water Service Leak Repair Contract and to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028
Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council 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, transferred from available funds within the Water & Sewer Fund, for the purpose
of funding of the 2022 Water Service Leak Repair Contract (City Project No. 104552) and to effect a portion of Water's Contribution to the Fiscal
Years 2024-2028 Capital Improvement Program.
DISCUSSION:
On February 14, 2023, Mayor and Council Communication (M&C 23-0117), the City Council authorized execution of a contract in the amount of
$750,000.00, with Tejas Commercial Construction, LLC for the 2022 Water Service Leak Repair Contract (City Secretary Contract No. 59061)
and provided for the option of three renewals. M&C 23-0117 also provided for an additional $150,000.00 for project management, land
acquisition, material testing and inspection.
On October 17, 2023, M&C 23-0863, the City Council authorized funding for the first renewal in the contract amount of $750,000.00 and an
additional $150,000.00 for project management, land acquisition, material testing and inspection.
The City and the contractor desire to exercise the second renewal of the contract in the amount of $750,000.00 and an additional $150,000.00 for
project management, land acquisition, material testing and inspection.
The work to be performed under this contract consists of repairing water service lines as leaks in the distribution system are discovered so as to
minimize system water loss and respond quickly to customer requests. This contract will augment Water Field Operations efforts to perform timely
repairs of service line leaks that are discovered or reported within the water distribution system.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified and to comply with bond covenants. The actions in the M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows:
602022WATER SL REPAIR CONTRACTR2-TEJASC
Capital Revised
Project FY2024 CIP Budget Change
Fund Name Appropriations Authority (Increase/Decrease) FY2022
Name Budget
1104552
56002
— 2022
Water
Capital
$900,000.00 This M&C
Projects SL
Repair
Fund
Contract
$900,000.00 $1,800,000.00
Funding is budgeted in the Transfer to Water/Sewer account of the Sewer operating budget for the Water part of this project for the purpose of
funding the 2022 Water Service Leak Repair Contract project within the Water & Sewer Capital Projects Fund.
FUND Existing Additional Appropriations Project Total*I
Appropriations
Water
Capital $1,800,000.00
Fund
66002
Project
Total $1,800,000.00
$900,000.00 $2,700,000.00
$900,000.00 $2,700,000.00
*Numbers rounded for presentation purposes.
Tejas Commercial Construction, LLC agrees to maintain its initial M/WBE commitment of 10 percent that it made on the original contract and
extend and maintain that same M/WBE commitment of 10 percent to all prior change orders up to and inclusive of this Change Order No.2.
Therefore Tejas Commercial Construction, LLC remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its
signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water & Sewer Fund and upon approval of the above recommendation
and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for Water SL Repair Contract
project. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds.
Submitted for Citv Manager's Office bv: Fernando Costa 6122
Oriainatina Business Unit Head: Chris Harder 5020
Additional Information Contact: J. Chris Underwood 2629
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SECTION 00 6113
PERFORMANCE BOND
0061 13 - 1
PERFORMANCE BOND
Page I of 2
Bond Number: 022237430
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Texas Commercial Construction, LLC known as "Principal"
9 herein and The Ohio Casualty Insurance Comnanv, a corporate surety(sureties, if more than
10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
1 1 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Seven Hundred —
13 Fifty Thousand & 00/100 Dollars ($ 750,000.00), lawful money of the United States, to be paid
14 in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made,
15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
16 severally, firmly by these presents.
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WHEREAS, the Principal has entered into a certain written contract with the City
awarded the 27"' day of February , 20 24 , which Contract is hereby referred to and made a
part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
and other accessories defined by law, in the prosecution of the Work, including any Change
Orders, as provided for in said Contract designated as 2022 Water Service Leak Repair
Contract; Citv Proiect No. 104552 — Second Renewal
NOW, THEREFORE, the condition of this obligation is such that if the said Principal
shall faithfully perform it obligations under the Contract and shall in all respects duly and
faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may be granted on the part of the City, then this obligation shall be
and become null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH WATER SERVICE LEAK
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —SECOND RENEWAL
Revised July 1, 2011 City Project No. 104552
0061 13 - 2
PERFORMANCE BOND
Page 2 of 2
I 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 27th day of Februarv, 2024.
W
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ATTEST:
(Principal) Secretary
1�-
Witness as to PiQcipal
PRINCIPAL:e CO
Teias Commercial Construe P0
Signature SM • n
.
�b:'••...ZQ?
Name and Title
Address: P.O. Box 10395
River Oaks TX. 76114
SURETY:
The Ohio Casualtv Insurance Comnanv
BY:
ature
Jordan Pitts — Attornev- I n- Fact
Name and Title
Address: P.O. Box 34526
Seattle, WA 98124
36 Witness as to Surety Telephone Number: 469-661-0314
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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 WATER SERVICE LEAK
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —SECOND RENEWAL
Revised July 1, 2011 City Project No. 104552
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SECTION 00 6114
PAYMENT BOND
0061 14 - 1
PAYMENT BOND
Page I of
Bond Number: 022237430
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
8 That we, Teias Commercial Construction. LLC , known as "Principal"
9 herein, and The Ohio Casualtv Insurance Comnanv, a corporate surety (sureties), duly
10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more),
I 1 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 penal sum of Seven Hundred —
13 Fiftv Thousand & 00/100 Dollars ($750,000.00), lawful money of the United States, to be paid
14 in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we
15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
16 firmly by these presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 27" day of February , 20 24 , 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 2022 Water Service Leak Repair Contract; Citv Proiect No. 104552 — Second
22 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.
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CiTY OF FORT WORTH WATER SERVICE LEAK
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —SECOND RENEWAL
Revised July 1, 2011 City Project No. 104552
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0061 14 - 2
PAYMENT BOND
Page 2 of 2
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 27th day of Februarv. 2024.
,:�� r�,"�Ci€k! Gay • .
PRINCIPAL: \,���VG `.D 0 I _
Teias Commercial Construction, EIs;- • ;�.
ATTEST: BY:
Signature
19
(Principal) Secretary Name and Title
Address: P.O. Box 10395
pn River Oaks TX. 76114
Witness as to Prhtc(iplal
SURETY:
The Ohio Casualtv Insurance Companv
ATTEST: BY: Sig�!,
ITW" a nat_�
l/I
Jordan Pitts — Attorney-1 n-Fact
(Surety) Secretary Name and Title
Melissa Pitts
Address: P.O. Box 34526
Seattle, WA 98124
Witness as to urety
Telephone Number: 469-661-0314
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
10 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised.luly 1,2011
WATER SERVICE LEAK
REPAIR CONTRACT — SECOND RENEWAL
City Project No. 104552
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8207315-992468
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Jordan Pitts; Lloyd Ray Pitts, Jr.; William D. Birdsong
all of the city of Richardson state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th _ day of _ February , 2022
Liberty Mutual Insurance Company
INSup "tY INS& tNsuR The Ohio Casualty Insurance Company
00. ON TF GP y`�PooRPO'+a��y Po0aP0rF41' West American Insurance Company
0 QI oc+ = o
19 0 a 1919rn 1991
y/� v;
N Y s �� 3 i 2 �� o s °
a) �y' No %3 � .aa ° NAMPS� .da� YS �N0101" .da3 rBy: '� U
eo State of PENfJSYL'JANIA ca
David M. Carey, Assistant Secretary ca
County of MONTGO+MERY `s o T
oOn this 9th day of February , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
L co Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of, the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O Z)
O yQ, PAST a O
L Q4i N,oNWF F( Commonwealth of Pennsylvania - Notary Seal _
�[U ��' q<f2 Y Teresa Pastella, Notary Public ty'�
�O a) OF Montgomery County 'w I t �;'A` E
+� My commission expires March 28, 2025 By; O O
ssion
044
Memberr, Pe n'sylvan aAsseodatnsof Notaries Teresa Pastella, Notary PUbIIC Q O
4) q� p o O
N L L �.
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ONo
E•S� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o M
,_ a) ARTICLE IV — OFFICERS: Section 12. Power of Attorney. "0O
"o toAny officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the � o
�_ President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety " o
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -a C
0 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such '0a)
Z0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the -2 m
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0.2
Ll a
ARTICLE All — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals' of said Companies this 27th day of February 2024
1NSUp jY INS& 1NSU"?
v
0av0Ngr94, �O�oOaeo r Pyy cvP oµPoggrqyn
1912 0 1919 ( 1991 3
\ C�
acMUSE .bs y° �`NAMP� �a �,r �Nu1ANP ya By:
Renee C. Llewellyn, Assistant
''M * > Y Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
Liberty
Mutual®
SURETY
Figure: 28 TAC § 1.601(a)(2)(B)
Have a complaint or need help?
If you have a problem with a claim or your premium, call your insurance company or
HMO first. If you can't work out the issue, the Texas Department of Insurance may be
able to help.
Even if you file a complaint with the Texas Department of Insurance, you should also file
a complaint or appeal through your insurance company or HMO. If you don't, you may
lose your right to appeal.
The Ohio Casualty Insurance Company
To get information or file a complaint with your insurance company or HMO:
Call: Liberty Mutual Surety Claims at 206-473-6210
Online: www.LibertyMutualSuretyClaims.com
Email: HOSCL@libertymutual.com
Mail: P.O. Box 34526 Seattle, WA 98124
The Texas Department of Insurance
To get help with an insurance question or file a complaint with the state:
Call with a question: 1-800-252-3439
File a complaint: www.tdi.texas.gov
Email: ConsumerProtection@tdi.texas.gov
Mail: MC 111-1A, P.O. Box '149091, Austin, TX 78714-9091
jiene una queja o necesita ayuda?
Si tiene, un problema con una reclamacion o con su prima de seguro, Ilame primero a
su compania de seguros o HMO. Si no puede resolver el problema, es posible que el
Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en
ingles) pueda ayudar.
Aun si usted presenta una queja ante el Deparamento de Seguros de Texas, tambibn
debe presentar Una queja a traves del proceso de quejas o de apelaciones de su
compania de seguros o HMO. Si no to hace, podria perder su derecho para apelar.
The Ohio Casualty Insurance Company
Para obtener inforrnacidn o para presentar una queja ante su compania de seguros o
HMO:
LMS-15292e 9/20
Llame a: Liberty Mutual Surety Claims al 206-473-6210
En linea: www.LibertyMutualSuretyClaims.com
Correo electronico: HOSCL@libertymutual.com
Direccion postal: P.O. Box 34526 Seattle, WA 98124
Ell Departamento de Seguro5 de Texas
Para obtener ayuda con una pregunta relacionada con los seguros o para presentar
una queja ante el estado:
Llame con sus preguntas al: 1-800-252-3439
Presente una queja en: www.tdi.texas.gov
Correo electronico: ConsumerProtection@tdi.texas.gov
Direccion postal: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091
LMS-15292e 9/20
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SECTION 00 6119
MAINTENANCE BOND
0061 19 - 1
MAINTENANCE BOND
Pagel of 3
Bond Number: 022237430
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we Teias Commercial Construction, LLC , known as "Principal"
9 herein and The Ohio Casualtv Insurance Comuanv, a corporate surety (sureties, if more than
10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
I 1 or more), are field and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as "City" herein, in the shun of Seven Hundred
13 — Fiftv Thousand & 00/100 Dollars ($750,000.00), lawful money of the United States, to be paid
14 in 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 27"' day of February , 2024 , 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 2022 Water Service Leak Revair Contract; Citv Proiect No. 104552 —
24 Second 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 pall
32 upon receiving notice from the City of the need therefor at any time within the Maintenance
33 Period.
34
CITY OF FORT WORTH 2O22 WATER SERVICE LEAK
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —SECOND RENEWAL
Revised July 1, 2011 City Project No. 104552
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0061 19-2
MAINTENANCE BOND
Page 2 of 3
NOW THEREFORE, the condition of this obligation is such that if Principal shall
remedy any defective Work, for which timely notice was provided by City, to a completion
satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
full force and effect.
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
noticed defective Work, it is agreed that the City may cause any and all such defective Work to
be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
the Surety under this Maintenance bond; and
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division; and
PROVIDED FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised .luly I, 2011
2022 WATER SERVICE LEAK
REPAIR CONTRACT —SECOND RENEWAL
City Project No. 104552
0061 19-3
MAINTENANCE BOND
Page 3 of 3
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 27th day of February, 2024.
4 PRINCIPAL:
5 Teias Commercial Construction,
7 II .�
8 BY:(✓`' L! �y1 �� _c.�� CPRpO'•rr�
9 Signature = `"'., �• to : p
10 ATTEST:
12 GIK: lrf p A%� l� :f '• `Cj.°fir `
13 (Principal) Secretary 6 �`'4
Name and Title �'r �° •..........•�`�
14 2 15 Address: P.O. Box 10395 t1+QQB`���.�`
16 River Oaks TX. 76114
17 p (�
18
19 Witness as to Pt j
pal
20 SURETY:
21 The Ohio Casualty Insurance Company
22
23
24 BY:
25 �ature
26 (/
27 Jordan Pitts — Attornev-ln-Fact
28 ATTEST: Name and Title
29 C
30 Address: P.O. Box 34526
31 (Surety) Secretary — M issa Pitts Seattle, WA 98124
32
33
34 Witness as to Surety Telephone Number: 469-661-0314
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 2O22 WATER SERVICE LEAK
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —SECOND RENEWAL
Revised July I, 2011 City Project No. 104552
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual® The Ohio Casualty Insurance Company Certificate No: 8207315-992468
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN' ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual irsural cf orlpony is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the lae/s of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Jordan Pitts, Lloyr PitG, J�._ William D. Birdsong
all of the city of _ Richardson state of T\ each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknurrledge znd deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th day of February , 2022 .
Liberty Mutual Insurance Company
1NSU 0*4 INSU 0 tNSUR The Ohio Casualty Insurance Company
R�P4°RPOj��yp ypP`°aPORa Ik \6PGoaPa+arFyp West American Insurance Company
Ui Y;1912y0 0 1919 1991
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da SACNUS�.da O NAMPS" L� Y vNDJANP
By:
co David M. Carey, Assistant Secretary
ca State of PENNSYLVANIA'
rn County of MONTGOMERY `s
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On this 9th day of Februaq 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written
r PAST
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Commonwealth of Pennsylvania - Notaryseal
ry
County
Teresa Pastella, NotaPublic^2�
OF
issionMontgomiresMsery
My commission expires March 28, 2025
By
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Commission number 1126044
Member Pennsylvania Association of Notaries
Teresa Pastella, Notary Public
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual �
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 N
O M
ARTICLE IV - OFFICERS: Section 12. Power of Attorney. 3600
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as suretyCcC°
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -a C
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o 0
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the -9 m
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. E5 Q
ARTICLE All - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio C:as lafty, Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true ,and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixes the seals of said. Companies this 27th day of February , 2024
P� [Nsil P�ZY�>!
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1912 0 0 1919
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,elp *N*�da y Renee C. Llewellyn, Assistant Secretary
Liberty
Mutual
SURETY
Figure: 28 TAC § 1.601(a)(2)(B)
Have a complaint or need help?
If you have a problem with a claim or your premium, call your insurance company or
HMO first. If you can't work out the issue, the Texas Department of Insurance may be
able to help.
Even if you file a complaint with the Texas Department of Insurance, you should also file
a complaint or appeal through your insurance company or HMO. If you don't, you may
lose your right to appeal.
The Ohio Casualty Insurance Company
To get information or file a complaint with your insurance company or HMO:
Call: Liberty Mutual Surety Claims at 206-473-6210
Online: www.LibertyMutualSuretyClaims.com
Email: HOSCL@libertymutual.com
Mail: P.O. Box 34526 Seattle, WA 98124
The Texas Department of Insurance
To get help with an insurance question or file a complaint with the state:
Call with a question: 1-800-252-3439
File a complaint: www.tdi.texas.gov
Email: ConsumerProtection@tdi.texas.gov
Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091
4Tiene una queja o necesita ayuda?
Si tiene, un problema con una reclamacion o con su prima de seguro, Ilame primero a
su compania de seguros o HMO. Si no puede resolver el problema, es posible que el
Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en
ingles) pueda ayudar.
Aun si usted presenta una queja ante el Deparamento de Seguros de Texas,rambien
debe presentar una queja a traves del proceso de quejas o de apelaciones de su
compania de seguros o HMO. Si no to hace, podria perder su derecho para apelar.
The Ohio Casualty Insurance Company
Para obtener informacion o para presenter una queja ante su compania de seguros o
HMO:
LMS-15292e 9120
Llame a: Liberty Mutual Surety Claims al 206-473-6210
En linea: www.LibertyMutualSuretyClaims.com
Correo electr6nico: HOSCL@libertymutual.com
Direcci6n postal: P.O. Box 34526 Seattle, WA 98124
El Departamento de Seguros de Texas
Para obtener ayuda con una pregunta relacionada con los seguros o para presentar
una queja ante el estado:
Llame con sus preguntas al: 1-800-252-3439
Prasente una queja en: www.tdi.texas.gov
,�oi;ac; alect.6nico: ConsumerProtection@tdi.texas.gov
ci6n postal: MC 111-1A, P.O. Box 149091, Austin, TX 737' 4-9091
LMS-15292e 9/20
Underwood, (Chris) J.
From: Murphy, Donnette J
Sent: Wednesday, March 6, 2024 1:13 PM
To: Underwood, (Chris) J.
Subject: RE: Certificate of Insurance _Tejas Commercial Construction
Attachments: 104552_Tejas Cert of Ins_23-24.pdf
Hello Chris,
Please be sure the operative contract supports the language on this COI. In addition, add a 10 day notice is required in
the event of non-payment of premium.
This is otherwise approved. Thx
-Donnette
Donnette Murphy
Property & Casualty Manager
City of Fort Worth
HR/Risk Management
200 Texas Street
Fort Worth, Texas 76102
Office: (817) 392-7784
Cell: (682) 760-6749
Email: don nette.murohv a,fortworthtexas.aov
City of Fort Worth — Working together to build a strong community
FORTWORTH,
Follow Fort Worth
R9146®
From: Underwood, (Chris) J. <John.Underwood @fortworthtexas.gov>
Sent: Wednesday, March 6, 2024 9:26 AM
To: Murphy, Donnette J <Donnette.Murphy@fortworthtexas.gov>
Cc: O'Neal, Deirdre <Deirdre.ONeal@fortworthtexas.gov>
Subject: Certificate of Insurance_Tejas Commercial Construction
Donnette,
Please find attached the Certificate of Insurance Acord for your review and approval.
Thanks,