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HomeMy WebLinkAboutContract 50061-R2 CITY SECRETARY CONTRACT NO. 50010 I-i2 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 #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 desire to renew the ORIGINAL AGREEMENT for an additional term at the same price; funding for said SECOND 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 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 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 OFFICIAL RECORD - a Second Renewal of Agreement Pa e 1 of 2 2018 Water Lead Services Replacement City of Fort Worth Tejas Commercial Construction, LLC Jesus J. Chapa Charles Allen Assistant City Manager Vice President DATE: "('�( ,5 / DATE: 3/z•�/i f APPROVAL RECOMMENDED: Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY: M&C: C-29064i,�j Date: Mar. 19, 2019 .a94L 1295 #20 f 9-4 6^ J(f/A- Douglas W. Black Sr. Assistant City Attorney �0P ATT T: �Q ® ary J. er City Secretary Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Signature Lawrence Hamilton Name of Employee OFFICIAL RECORD Senior Professional Engineer CITY SECRETARY Title FT. WORTH,TX d y L Second Renewal of Agreement Page of/ 2018 Water Lead Services Replacement 3/21/2019 M&C Review Official site or the City of Fort Worth.Teas CITY COUNCIL AGENDA FoRTIVORT11 COUNCIL ACTION: Approved on 3/19/2019 - Ordinance No. 23596-03-2019 REFERENCE ** 606018WLEADSVCR2- DATE: 3/19/2019 NO.: C-29064 LOG NAME: TEJASC CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt Appropriation Ordinance in the Amount of$500,000.00 to Fund the Second 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 Second 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. The City and the Contractor desire to exercise the second 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 $900,000.00. 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 April 2019 and be completed by April 2020 or when the contract amount is exhausted. This project is located in ALL COUNCIL DISTRICTS. 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26815&councildate=3/19/2019 1/2 3/21/2019 M&C Review the attached appropriation ordinance, funds will be available in the FY2019 capital budget, as appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water Operating Fund Budget includes appropriations of$23,865,180.00 for the purpose of providing Pay-As-You-Go funding for Water Capital Projects. After this transfer for Fiscal Year 2019, the balance will be $15,157,596.00. Appropriations for Project by Fund will consist of the following: Existing Additional * FUND Appropriations Appropriations Project Total W& S Capital Projects - Fund $1 000,000.00 1$500,000.00 �$1,500,000.00 56002 ' Pro'ect Total � [$1,000,000.00 �$500,000.00�Y �$1,500,000.00 * Numbers rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: J. Chris Underwood (2629) ATTACHMENTS 606018WLEADSVCR2-TEJASC 56002 A019.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26815&councildate=3/19/2019 2/2 CL 0 0 0 0 0 0 0 0 00ON0 0O 000 , 00 N f N LnO -I L ELn v to to CL LL in v> v► v> in v> in � in rn M M M m m rn rn rn 0 0 0 o o o O Ch a) N N N N N N N 120 Q) tko Q) O o o O o O O O O O O O O O O O O rl rl q .-I .-I .-I %rl rl rl rl rl rl rl rl rl rl rl 'i O O o o O o O o O • rl rl rl rl .-I .-I rl q Ag rl N f0 ~ o O o 4 m O O a o 014 LL L o o O o o O 0 W O Ln ti m ri Q Ln a U a m m m mIn m v Ln Q w O o 0 0 0 0 0 0 0 H m m m m m m m 2t m m N O O O O 0 O O C, O O u W w w W w W W O o o O o O O O O N Q N N N N N N N N N 0 0 o O o O -j O O O J w w w w w w lD �O l0 M M m M M Ln � N 00 t-i C) cr l� 0061 13-I PERFORMANCE BOND #4422877 Pate I of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Tejas Commercial Construction,LLC , known as "Principal" herein and 9 SureTec Insurance Company , a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety" herein(whether one 1 1 or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as"City' herein, in the penal sum of, Four Hundred— 13 Fiftv Thousand and no/100 Dollars($ 450,000.00 ), lawful money of the United States,to 14 be 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 19" day of March , 20 19, 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,Second 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,SECOND RENEWAL Revised July 1,2011 City Project No.101100 i 0061 13-2 PERFORMANCE BOND #4422877 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 duty authorized agents and gfficers on this the 19' day of March 20 19 6 : n `°` y;'Ou�i� '�. PRINCIPAL: 7 -,.' �C Teias Commercial Construction,LLC 8 10 l 1 'p� Signature 12 ATTEST: 13 V, 14 Philip G. Rojo,President 15 (Principal)Secretary Name and Title 16 17 Address: PO Box 10395 18 R _ River Oaks Texas 76114 19 �20 21 in as Principal 22 SURETY: 23 SureTec Insurance Company____ 24 25 _. 26 BY: — 27 Signature 28 29 Chris Lynn Holt,Attorney-In-Fact 30 Name and Title 31 32 Address: 9737 Great Hills Trail#320 33 __Au_stin,_Texas-78759 ------- 34 35 36 Witness 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,SECOND RENEWAL Revised July 1,2D1 I 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: l-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($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20d'0 April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 19th day of March ,A.D.2017. Nu SURETEC INS PANY \�yVRANp�c % wGr X q ...0 By: w w `•$= John Kno .,CE State of Texas ss: 6 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. , P;r'i`La� JACUIFLYN GREENLEA,F 'z �;c Notary Public,State of rexdsM_ ,' 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 copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of thellok&-of t7trec M_5et 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 V, ` �� I .D. .Bre'd 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. 0061 14-I PAYMENT BOND #4422877 Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Texas Commercial Construction, LLC , known as "Principal" herein, and 9 SureTec Insurance Company I a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety' herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of Four Hundred — Fift , Thousand and no/100 Dollars ($ 450,000.00 ), lawful 14 money of the United States,to be paid in Fort Worth, Tarrant County, Texas, for the payment of 15 which 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 19th day of March ,20 19 ,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 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 Second 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 Cfl'Y OF FORT WORTH 2O18 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,SECOND RENEWAL Revised July I,2011 City Project No. 101100 0061 14-2 PAYMENTBOND #4422877 Pale 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 19'l' day of March ,20 19 . 3 PRINCIPAL: �c Te1 as Commercial Construction, LLC ��6 °, O� � ATTEST: �j Signatu — ®C Philip G. Rojo, President ° ��``��� (Principal) Secretary , Name and Title Address: PO Box 10395 River Oaks,Texas 76114 fitness a o Principal SURETY: SureTec Insurance Company ATTEST: BY: Signature Chris Lynn Holt,Attorney-In-Fact (Surety) Secretary Name and Title Address: 9737 Great Hills Trail#320 C Austin,Texas 78759 fitness a t Suret 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 II CITY OF FORT WORTH 2O18 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMI'.NT CONTRACT,SECOND 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: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 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 lsth day of August A.D.2018 . u SURETEC INS PANY `�yVRANN By: w: w 1 y` John Kno .,CE State of Texas ss: s+`, 1 6 County of Harris On this 16th day of August ,A.D.2018 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say, that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACv`IELYN GREENLEAF Notary Public,State Of raxas i±°'• r- Comm.Expires 05-18 2021 %;,,1;,,`W 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 irectors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of A.D. Bre'n Beaty,A rstant Se tary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 6:00 pm CST. 0061 19-1 MAINTENANCEBOND #4422877 Pave I of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Texas Commercial Construction, LLC , known as"Principal"herein and 9 SureTec Insurance Company 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 11 or more), are held 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 sum of Four Hundred— 13 Fifty 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 payment of which sum well and truly be made 15 unto the City and its successors, we bind ourselves, our heirs, executors, administrators, 16 successors and 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 19" day of March , 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; Citv Proieet No. 24 101100,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 part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period, 34 CITY OF FORT WORT11 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,SECOND RENEWAL Revised July 1,2011 City-Project No.101100 0061 19-2 NlA1NTENANCE BOND #4422877 Pape 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 f CITY OF FORM WORTH 20 18 WATER LEAD SERVICES j STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPI,ACEMFNT CONTRACT,SECOND RF,NFWAI- Revised July 1,2011 City Project No. 101100 i _ 0061 19-3 MAINTENANCE BOND #4422877 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 19`h day of March ,20 19 . 4 PRINCIPAL: 5 'J `\; , Teias Commercial Construction,LLC 6 8 I 9 .,5 $ Siu azure (+j �10 ATTEST: 12 Philip G. Rojo, President 13 (Principal)Secretary Name and Title 14 15 Address: PO Box 10395 16 / River OakB,Texas 76114 _ 17 18 A041all .ti 19 Winess as Principal 20 SURETY: - 21 SureTec Insurance Company_ _ 22 _ 23 24 BY: — --- t -- 25 Signature 26 27 _ Chris Lynn Holt,Attorney-In-Fact 28 AT EST: Name and Title 29 30 G Address: 9737 Great Hills Trail#320 31 (Surety)Secre ry 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 2018 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT,SECOND 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 787I4-9I04 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email:ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 06042014 1 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, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'4 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this tsth day of August A.D.2018 . SVRANCF• SURETEC INS PANY O 0� By: w; w l$£ John Kno .,CE State of Texas ss: County of Hams ..-• 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. JACUUELYN GREENLEAF ,_�•, mod. :. Notary Public.State of Texas .. _ f Z. Comm.Expires 05-18 2021 - %; Notary ID 12s903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and comet copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors;set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of A.D. A.Br eirif Beaty,A istant S 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. TEJACOM01 C TMURRAY ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `� 1 03/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONE ACT Tamsy Taylor-Murray,CIC,AIS,ACSR INSURICA DFB Insurance Services,LLC PHONE FAx 700 Highlander Boulevard,Suite 340 (A/C,No,Ext):(817)261-1101 (A/C,No):(817)261-1120 Arlington,TX 76015 E-MAIL .Tamsy.Murray@INSURICA.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:FCCI Insurance Company 10178 INSURED INSURER B: Tejas Commercial Construction,LLC INSURER C: PO Box 10395 INSURER D: River Oaks,TX 76114-0395 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TR TYPE OF INSURANCE WV POLICY NUMBER / YY MM LIMITS A X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR CPP 100033279 00 11/08/2018 11/08/2019 DAMAGE TISESO R(EaENTEDoccurre $ 100,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JECT a LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: EBL AGGREGATE $ 1,000,000 A AUTOMOBILE LIABILITY EOMBIctlEDSINGLE LIMIT $ 1,000,000 1X ANY AUTO CA100033281 11/08/2018 11/08/2019 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-AWNED perOacEcitlenDAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE UMB100033280 11/08/2018 11/08/2019 AGGREGATE $ DED I I RETENTION$ Aggregate $ 2,000,000 A WORKERS COMPENSATION PERT AND - AND EMPLOYERS'LIABILITYT YIN C00005144-01 11I08/2018 11IOSI2019 1,000,000 ANY OFFICER/MEMBER/PARTNEREXCLUDE/N ECUTIVE ❑ N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine CPP 100033279 00 11/08/2018 11/08/2019 Leased/Rented 400,000 A Inland Marine CPP 100033279 00 11/08/2018 11/08/2019 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability has a Blanket Additional Insured Including Primary and Non-Contributory,where required by written contract per form CGL084(10 13), Blanket Waiver of Subrogation,where Required by written contract(Policy Form CGL088 01-15)and Blanket 30 Day Notice of Cancellation(Form#IL 060 07-13 and IL011 01-15). Automobile Liability has Blanket Additional Insured,where required by written contract per(Form#CAU058 01-15) Blanket Waiver of Subrogation,where Required by written contract(Form#CAU058 01-15),Primary and Non-Contributory Additional Insured,where required by written contract(Form#CAU082 01- 15) and Blanket 30 Day Notice of Cancellation(Form#IL 060 07-13 and IL011 01-15). SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE C4� � 4&1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:TEJACOM01C MURRAY LOC#: 1 A O' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED NSURICA DFB Insurance Services, LLC Teas Commercial Construction,LLC P�Box 10395 POLICY NUMBER River Oaks,TX 76114-0395 SEE PAGE 1 Tarrant CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Workers'Compensation Includes Blanket Waiver of Subrogation,where required by written contract(Form#WC 42 03 04B)and Blanket 30 Day Notice of Cancellation,where required by written contract (Form#42 06 01) Umbrella is Follow Form Phillip Rojo and Charles Allen are Excluded on Workers'Compensation Copy of Forms available upon request—please send your request with copy of certificate to Tamsy.Murray@lnsurica.Com Project: 2018 Water Lead Service Replacement Contract,City Project No.101100 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD