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HomeMy WebLinkAboutContract 50061-R1 CITY SECRETARY CONTRACT NO. : CITY OF FORT WORTH FIRST RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Tejas Commercial Construction, LLC, ("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; and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to two times as provided by M&C C-28499; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term at the same price; funding for said FIRST RENEWAL is available in the 2018 Water Capital Projects Fund, as appropriated in Ordinance#22928-09-2017. 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 II The Contractor's compensation shall be in the amount up to $450,000.00. 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 The agreement is hereby amended to include the following language: Immigration Nationality Act CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, CONSULTANT shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CONSULTANT shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CONSULTANT employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY $ARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO � Y%OLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S OFFICIAL RECORD \ First Renewal of Agreement CITYSECRETARY Pagel of 3 Sanitary Sewer Emergency Response Contract /WORTHo TX EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CONSULTANT, shall have the right to immediately terminate this Agreement for violations of this provision by CONSULTANT. Article IV The Agreement is hereby amended to include the following language: Prohibition on Contracts with Companies Boycotting Israel CONTRACTOR acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, CONTRACTOR certifies that CONTRACTOR's signature provides written verification to the City that CONTRACTOR: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. Article V All other provisions of the Original Agreement not expressly amended herein, shall remain in full force and effect. EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. First Renewal of Agreement Page 2 of 3 Sanitary Sewer Emergency Response Contract City of Fort Worth Tejas Commercial Construction, LLC Jesus J. Chapa Charles Allen Assistant City Manager Vice President DATE: 6-/3 —I DATE: 91711- APPROVAL RECOMMENDED: 6� 1JL Chris Harder, P.E. Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY: M&C: C-28777 Date: Aug. 7, 2018 1295 #2018-367262 Douglas W. Black Sr. Assistant City Attorney ATT 6 a j4ary/J. Kayser City Secretary gs Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensu ing all performance and reporting requirements. Siff&ture Lawrence Hamilton Name of Employee _Senior Professional Engineer OFFICIAL RECORD Title CITY SECRETARY f WORTH,TX First Renewal of Agreement Page 3 of 3 Sanitary Sewer Emergency Response Contract 8/10/2018 M&C Review Official site of the ON of Fort Worth.Texas CITY COUNCIL AGENDA F°RT� " COUNCIL ACTION: Approved on 8/7/2018 - Ordinance No. 23303-08-2018 DATE: 8/7/2018 REFERENCE **C-28777 LOG NAME: 606018WLEADSVCR1- NO.: TEJASC CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of the First Renewal of City Secretary Contract No. 50061 with Tejas Commercial Construction, LLC in the Amount of$450,000.00 for the 2018 Water Lead Services Replacement Contract for Various Locations Throughout the City and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Fund in the amount of$500,000.00 from available funds for the 2018 Water Lead Services Replacement Contract; and 2. Authorize the First Renewal of City Secretary Contract No. 50061 with Tejas Commercial Construction, LLC in the Amount of$450,000.00 for the 2018 Water Lead Services Replacement Contract and authorize two additional renewals subject to appropriated funding (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 Tejas Commercial Construction, LLC for the 2018 Water Lead Services Replacement Contract. Funds for the original contract are nearing exhaustion. The bid documents stated an option for up to three contract renewals and M&C C-28499 acknowledged same, subject to appropriated funding. City and the Contractor desire to exercise the first renewal of the contract in the amount of$450,000.00 with the same prices, terms and conditions. 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 September 2018 and be completed by September 2019 or when the contract amount is exhausted. Tejas Commercial Construction, LLC is in compliance with the City's BDE Ordinance by committing to eight percent MBE participation on this 1st renewal. The City's goal on this project is eight percent. Additionally, Tejas Commercial Construction, LLC is a certified M/WBE. This project is located in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26028&councildate=8/7/2018 1/2, 8/10/2018 M&C Review 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 Fund. The Fiscal Year 2018 Water Operating Fund Budget includes appropriations of$29,069,236.00 for the purpose of providing Pay-As-You-Go funding for Water Capital Projects. After this transfer for Fiscal Year 2018, the balance will be $7,724,219.00. Appropriations for Project by Fund will consist of the following: FUND Existing Additional Appropriations Project Total* Appropriations Water and Sewer Capital 7$500,000.00 $500,000.00 $1,000,000.00 Project Fund 56002F I Project Total $500,000.00 $500,000.00 F$1,000,000.00 * 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 I I 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 6018WLEADSVCRI-TEJASC 1295.pdf 606018WLEADSVCRI-TEJASC 60 AO 18.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26028&councildate=8/7/2018 2/2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATIOK OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-367262 Tejas Commercial Construction LLC River Oaks,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/12/2018 being filed. City Of Fort Worth Date Ackno 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101100 2018 Water Lead Service Replacement Contract,First Renewal 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Allen,Charles Ft.Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION \ Q cQ My name is U�c., A l` e and my date of birth is �;77 �9 i My address is CO 5- G ra✓e/ i0' fd/f- �U t qr/�+I (Street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in p�1 County, State of Mk S on the day of 20_. (month) (year) Signature of audmdzed agent of cor"cWg buaines5 ertley (Dedarent) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 a o 0 0 0 0 0 o 0 0 0 0 0 C) O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O 0 N LO N N 0 T N LO N N LO LO I V (!} H} H} (A H} H} H} <f} H} H} H} H} H} H} ti} 00 00 00 00 00 00 00 CA O CA CA O CA CA O r r r r r r r O) O) O O O CA CA O O O O O O O O O) O O) O O O) CA O N N N N N N N O) O O O O CA CA O O O O 't 00 N o o 000 O 0 0 C3 0 00 M O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 U o 0 0 0 0 0 0 0 0 0 0 0 0 0 of 0 0 0 0 0 0 0 O o 0 0 0 0 0 O O O o 0 0 0 0 0 0 0 0 0 0 0 O r r r O O O r r r r O O O r O O O O T" LO O O O O O � LO O O T' O r T" O M LO T" O � r O M 0 T- T.- T- LO r- M M T" 0 T" LO r- M M T-- T- V N O LO LO 0 M M LO O LO LO LO M M 0 n Q � 1p lf) In lf) lf) lf) � lf) lf) lf) � In In uj O O O O O O O O O O O O O O O F' M M M M M M M M M M M M M M Cl) O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U � CO CO CO CO CO CO CO CO CO CO CO CO CO CO � O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N 1 Q O O O O O O O O O O O O O O O W O O O O O O O O O O O O O O O J CO O CO CO CO CO CO CO CO CO (O CO CO CO cO 00 ai l0 . 22 006113-1 PERFORMANCE BOND#4419741 Page 1 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 7!h- day of August_,20 18 ,which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 20 other accessories defined by law, in the prosecution of the Work,including any Change Orders, 21 as provided for in said Contract designated as 2018 Water Lead Services Replacement 22 Contract; City Proiect No. 101100,First 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,FIRST RENEWAL Revised July 1,2011 City Project No.101100 006113-2 PERFORMANCE BOND#4419741 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 7' day of August st 2018 6 PRINCIPAL: 7 Tejas Commercial Construction,LLC 8 9 10 BY: L��� � 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 //llffrrQAU 20 l - 21 Witness as id Principal _ 22 SURETY: S eTec Insurance Coln 23 24 25 BY: 26 27 Signature 28 29 _Chris Lynn Holt,Attorney-In-Fact 30 Name and Title 31 32 Address:_9737 Great Hills Trail#320, 33 ^ A is in,Texas 79759 34Ql( 35 — 36 Witness Surety Telephone Number: 817-226-3710 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,FIRST RENEWAL Revised July 1,2011 City Project No.101100 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:hU://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 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 Resobed 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 19th day of March ,A.D.2017. W. SURETEC INS PANY w?5 X q,0BY w ►++ a= John Knor- County ,CE State of Texas ss: 7t+ 1 `'� of Harris On this 19th day of March ,A.D.2017 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. JAGCI.iFLYN GREENLEAF Notary Public,State of Texas Comm.Expires 05-18-2021 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 Diseaars_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 (O day of V 7' O ,A.D. 1 r Bre'n Beaty,A tstant 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. 0061 14-1 PAYMENT BOND 44419741 Page 1 of 2 1 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, Tejas Commercial Construction, LLC , known as "Principal' herein, and 9 SureTec Insurance Company, a corporate surety (sureties), duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum 13 of Four Hundred — Fifty Thousand and no/100 Dollars ($ 450,000.00 ), lawful money of 14 the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 15 sum well and truly be made, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 7th day of August , 20 18 , which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and 20 other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as 2018 Water Lead Services Replacement Contract; City Project 22 No. 101100,First 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 25 in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work 26 under the Contract, then this obligation shall be and become null and void; otherwise to remain 27 in full force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of 29 the Texas Government Code, as amended, and all liabilities on this bond shall be 30 determined in accordance with the provisions of said statute. 31 CITY OF FORT WORTH 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,FIRST RENEWAL Revised July 1,2011 City Project No.101100 006114-2 PAYMENT BOND#4419741 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 7' day of August ,20 18 . 3 PRINCIPAL: Tejas Commercial Construction,LLC ATTEST: BY: �Z,--K gnature _Charles Allen,Vice President (Principal) Secretary Name and Title Address: P.O.Box 10395 DO-* apl� River Oaks, Texas 76114 Witness as to rincipal - SURETY: Su eTec Insurance o ` :-- BY: _BY: __ ATTEST: Signature __ Chris Lynn Holt,Attorney-In-Fact (Surety) Secretary Name and Title Address: 9737 Great Hills Trail#320 {�+r� Austin Texas 78759 ness �toSurety �Wit Telephone Number: _817-226-3701_ 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,FIRST RENEWAL Revised July I,2011 City Project No.101100 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: httv://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 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 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 19th day of March A.D.2017. SURETEC INS PANY ���5 RANC�cO I By: W = John Kno ,CE State of Texas ss: '21 ; Y County of Harris On this 19th day of March ,A.D.2017 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. u ur, ��•,lt F>U�i� 3AC".7ELYN GRFENLEAF Notary Public,State of Texas °• • Comm.Expires 05-18-2021 I ,,,,� 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, out in the Power of Attorney are in full force and effect. t Given under my hand and the seal of said Company at Houston, Texas this 10 day of 6�ST f4? A.D. T Bred Beaty,A rstant 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. 0061 19-1 MAINTENANCE BOND #4419741 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 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 7'h, day of Au usg_t ,20 18 , 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,First 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,FIRST RENEWAL Revised July 1,2011 City Project No.101100 006119-2 MAINTENANCE BOND#4419741 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,FIRST RENEWAL Revised July 1,2011 City Project No. 101100 0061 19-3 MAINTENANCE BOND 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 7`h day of August , 20 18 . 3 4 PRINCIPAL: 5 Tejas Commercial Construction,LLC 6 7 8 BY:� 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 19 Witness as-OVrincipal 20 SURETY: SureTec Insurance(thl a v 21 22 _-- 23 BY: 24 - 25 Signature 26 27 _Chris Lynn Holt, Attorney-In-Fact 28 ATTEST: Name and Title 29 30 Address:_9737 Great HIlls Trail 4320_ 31 (Surety) Secretary _Austin, Texas 78759_ 32 ac,33 34 Witne s to Surety U Telephone Number:_817-226-3710 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENTCONTRACT,FIRST RENEWAL Revised July 1,2011 City Project No. 101100 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 Fax4: 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 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($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and 4 deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 19th day of March ,A.D.2017. ,,ORAN^�c SURETECINS PANY w0t•w X q o$= By. John Kno .,CE i State of Texas ss: 7�:, 1 0:'� County of Harris On this 19th day of March ,A.D. 2017 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. JACdUELYN GRFENLEAF Notary Public,State of Texas '• :'�= Comm.Expires 05-18-2021 Notary ID 128903029 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 Diremrs,set out in the Power of Attorney are in full force and effect. Q Given under my hand and the seal of said Company at Houston, Texas this l'0 day of 6 (o A.Breint Beaty,A istant SeeVetary 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. TEJACOMOC1 TMURRAY ACORD' DATE(MMIDD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE F12/04/2017 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 NAME: INSURICA DFB Insurance Services,LLC PHONE FAX 700 Highlander Boulevard,Suite 340 (A/c,No,Ext):(817)261-1101 (ac,No):(817)261-1120 Arlington,TX 76015 E-MAIL INSURERS AFFORDING COVERAGE NAIC# INSURER A:United Fire&Casualty Company 13021 INSURED INSURER B:Texas Mutual Insurance Co. 22945 Tejas Commercial Construction,LLC INSURER C: PO Box 10395 1 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 ADOL SUB R POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD M DD MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000'000 CLAIMS-MADE �OCCUR 60422917 11/08/2017 11/08/2018 DAMAGE TO RENTED 100,000 PREMI E Ea occurrence) $ X XCU Included MED EXP(Any oneperson) $ 5'000 X Contractual Liab Inc1,000,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'000 POLICY F_x]PECT FILOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea acciden $ X ANY AUTO 60422917 11/08/2017 11/08/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X AUTOS ONLY X AUUTOS ONLYY Perr acdentDAMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 2'000'000 EXCESS LIAB CLAIMS-MADE 60422917 11/08/2017 11/08/2018 AGGREGATE S 2'000'000 DED I X RETENTION$ 10,000 $ B WORKERS COMPENSATION X STAPERTE ER OTH- AND EMPLOYERS'LIABILITY Y 0001217793 11/08/2017 11/08/2018 T 1,000,000 ANY PROPRIETOR/PARTNERlEXECUTIVE � NIA A E.L.EACH ACCIDENT $ OFFICER/MEMSER EXCLUDED? 1,000,000 (Mandatoryin NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine 60422917 11/08/2017 11/08/2018 Leased/Rented 400,000 A Inland Marine 60422917 11/08/2017 11/08/2018 Deductible 1,000 ` DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The general liability policy includes a blanket automatic additional insured endorsement CG7152 0611 that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability and workers' compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The general liability policy contains a special endorsement with"Primary"wording.Above policies include an endorsement providing that 30 day Notice of Cancellation(or coverage change)will be furnished to the certificate holder. City Project No,101100 2018 Water Lead Services Replacement Contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cit of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton I Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD