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HomeMy WebLinkAboutContract 53038-R1 CSC No. 53038-R1 CITY OF FORT WORTH FIRST RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Texas Commercial Construction, LLC, authorized to do business in Texas ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretary # 53038, M&C 19-0164) for the PROJECT generally described as: Small Diameter Water Main Extensions,Replacements& Relocations Contract 2019 and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to 2 times as provided by M&C 19-0164; and WHEREAS,The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term at the same price, said FIRST RENEW AL is available in the budget of the Water and Sewer Capital Projects Fund,as appropriated in Ordinance#23835-09-2019. 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 $ 750,000.00. The Term of this renewal agreement shall be for one year, effective as of the effective date or the expenditure of the funding,whichever occurs first. Article III There are no other changes to any other terms or conditions of the ORIGINAL AGREEMENT. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Renewal of Agreement SDWMERR2019 Tejas Commercial Construction,LLC City Secretary No. 53038 City Project No. 102197 Page 1 of 2 EXECUTED by each parry's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. City of Fort Worth Tejas Commercial Construction,LLC Ozira&&6ia'o�f' Dana BurghdoB( 16,202012rr 0L Dana Burghdoff Charles D. Allen Assistant City Manager Vice President Oct 16,2020 DATE: DATE: /z'/7 APPROVAL RECOMMENDED: 2 ,�4&,24,4, Christopher Hard (Oct 16,202007:33 CDT) Chris Harder,P.E. Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: 20-0601 Ww— DBlack(Oct 16,202017:18 CDT) Date: 08/25/20 Douglas W.Black Sr.Assistant City Attorney 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. Lawrence Ha ilton, P.E. 44�a q Senior Professional Engineer pbF FO0,000 u ° a c ° °°O9.1d ATTEST: °o°0 0 ° 0 d -ForRona/d P. Gonzales Oaaa °° ,°° for Ronald P.Gonzales(Oct 16,202017:36 CDT) a TEg o pS.oa'G �n�dU�4'O Mary J. Kayser City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Renewal of Agreement SDWMERR2019 Tejas Commercial Construction,LLC City Secretary No.53038 City Project No. 102197 Page 2 of 2 0061 13-l PERFORMANCE BOND Page 1 of 2 Bond Number: 2089853 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Texas Commercial Construction,LLC ,known as 8 "Principal"herein and Old Republic Surety Company ,a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal 12 sum of,_Seven Hundred Fifty Thousand Dollars($_750,000.00 ), lawful money 13 of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which 14 sum well and truly to be made,we bind ourselves, our heirs,executors, administrators, successors 15 and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Princial has entered into a certain written contract with the City 17 awarded the day of AIM 2 5 YOV 20_,which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 19 labor and other accessories defined by law,in the prosecution of the Work, including any Change 20 Orders,as provided for in said Contract designated as II 21 FIRST RENEWAL-SMALL DIAMETER WATER MAIN EXTENSIONS REPLACEMENTS 22 &RELOCATIONS CONTRACT 2019,CPN 102197 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 faithfiilly 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 SDWMERR2019,I"Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102197 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 l 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. I 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 AUG ZOZO day of 6 ,20_. 7 PRINCIPAL: 8 was Commercial Construction,LLC 9 10 11 BY: 1! 147 C� 12 Signature 13 ATTEST: 14 15 P. 16 (Principal)Secretary Name and Title 17 18 Address: Q.o D e/C /c 3 4.f 19 o,+P r "TiV 20 Y 21 22 Witness as twIlrincipal 23 SURETY: 24 Old Republic Surety Company 25 26 27 BY: r 28 Signature 29 30 Lloyd RayPitts r-Attorney-in-Fact " 31 Nae and Title y 32 33 Address: 2201 E Lamar Blvd.Unit 260 34 Arlington,TX 76006 35 36 � 37 Witness as to Surety Telephone Number: (214) 819-3611 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If i� 43 Surety's physical address is different fi•om its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 g� 13 i Y i CITY OF FORT WORTH SDWMERR2019,1"Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102197 Revised July 1,2011 i� N -- SURETY COCOMPANYOLD PURL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT:=That OLD REPUBLIC SURD`Y COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: _= _ AM- _ PETER M.FENNELL,KIM K.CROWSON,KELLY R.HITT,ARTHUR ANDREW RICKETS,TARA MARSH,LLOYD RAY PITTS,JR.,WILLIAM BIRDSONG,OF ARDMORE,OK = == = == =ifs true and lawful Attomey(s)-in-Fact,with full power and authority,not exceeding$50 000000;for and on behalf of the company as surety,to execute and°deliver --and affix the seal of the company thereto(if a seal is required) 6",undertakings,recognizatices or other written obligations in the nature thereof,(other llian bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remedration bonds or black lung =_ bonds), as follows: -_ ALL WRITTEN INSTRUMENTS IN A�=AMOUNT NOT TO EXCISED AN AGGREGATE OF -- __ - — — SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000)---------IOR ANY SINGLE OBLIGATION,REGARDLESS OF THE NUMBER OF INSTRUMENTS TSED FOR THE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby;and all of the acts of said Attorneys-in-Fact,pursuant to thesepresents,are ratified and c�nf rm This document is not valid unIess,printed on colored background and is multi-colored. This appointment is made under andh�+authority of the board of dtdeetor�— af a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority oll''the following resoTuions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice=president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-i"et or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalfof the company to _-_ execute and.deliver and affix the seat ofhe company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and saicir_ti_ffreers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid aridbindng upon the Company (i)when signed=by the president,any vice president or assistant vice president,a nd-atie&and sealed(if a sea&4;—ijiured)by any secretary or issistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,seerelaryR assistant secretary,and countersigned and sealed(if a sci&W required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or moreattomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attomeyissued by the company to such person or persons. RESOLVED-FURTHER,that the signature ofi ft authorized officer ifr l theaeal pf the company may=br affze_dby facsimile to anyTbWerQfAttorney or = _- certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or otheLsuretyship obligations of the co mpa ny;and such signature and seal whcn_so used shall have3he-same force and effect as though manually affixed. - - `A l I Ems/ IN WITNESS WHEREOF OLD REPUBLIC SURETY COMPANY has caused theseEres_e_nts to be signed by its proper ,oMer,and its corporate-seaito be- -- affixed this 20TH =_`day of APRIL,2015. -_ _ OLD REPUBLIC SURETY COMPANY a ""su i `/e. .`e 114EA L STATE OF VJISCONSIN,COUNTY OF WAUKESHA-SS +* = —= sident day of APRIL,2015 ,personally came before trie Atan Pavia;_- and Phyllis M.Johnson-,__'. to me known to be the individuals and officers of the OLD REPUBLIC Sljk -COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the=board of directors of said corporation. Notary Public My commission expire!: 9/28/20 LS=— _- CERTIFICATE - -rpiration of notary commission does not invafidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attachaPower of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 87 838C „yl su�y}� _ = Signed and sealed at the City of Brookfield,WI this day of =_ s S i'tp�raw4��.,094. f�� SEAL , t = '_> 4F - -AsasLanl S 1. FENNELL&ASSOCIATES THIS 1COLORED BACKG ROUND AND • / ON T HE FACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT ASA WATERMARK, r ARE ABSENT,THIS DOCUMENT IS VOID. �28 2262(5-1 0061 14-1 PAYMENTBOND Page I of 2 Bond Number: 2089853 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 That we, Tejas Commercial Construction, LLC known as 8 "Principal" herein, and Old Republic Surety Company , a 9 corporate Surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City"herein, 12 in the penal sum of Seven Hundred Fifty Thousand Dollars 13 ($ 750,000.00 , lawfirl money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the �!16 2 6 xUTQ 18 day of , 20 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as 22 FIRST RENEWAL-SMALL DIAMETER WATER MAIN EXTENSIONS REPLACEMENTS 23 &RELOCATIONS CONTRACT 2019, CPN 102197 24 NOW, THE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. 32 CITY OF FORT WORTH SDWMERR2019,l"Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102197 Revised July 1,2011 0061 14-2 PAYMENT BOND 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 a�16 2 day of I 3 , 20 4 PRINCIPAL: Tejas Commercial Construction,LLC ATTEST: BY:y Signature (Principal) Secretary Name and Title Address: P o 1?-,kP6147 Witness as o Principal SURETY: Old Republic Surety Company f ATTEST: BY: _ Signature f2th Lloyd Ray Pitts Jr -Attorney-in-Fact (Surety) Secretary Name and Title Melissa Pitts,Bond Secret y Address: 2201 E Lamar Blvd. Unit 260 Arlington, TX 76006 Witness a to Sure Telephone Number: (214) 819-3611 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. I I END OF SECTION 12 CITY OF FORT WORTH SDWMERR2019,V Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102197 Revised July 1,2011 OiLDkPUBLICSURETY COMPANY * # POWER OF ATTORNEY - KNOW ALL=MEN BY THESE PRESENTS_=That OLD REPUBLIC S_i3RhTY COMPANY,a Wisconsmslock insurance corporation=b"It lake,constitute and _ appoint: PETER M.FENNELL,KIM K.CROWSON,KELLY R.HITT,ARTHUR ANDREW RICKETS,TARA MARSH,LLOYD RAY PITTS,JR.,WILLIAM BIRDSIONG-OF ARDMORE,OK= -- its_true and lawful Attorney(s)-in-Fact,with full power andauthw ity,not exceeding$50,000,000,for and on behalf of the company as surety,to execute anddeWer and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation-bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management_bonds,hazardous waste remediation bonds or black lung bonds), as follows: ALLMRITTEN INSTRUMENTS IN"AMOUNT NOT TO EXCEEWAN AGGREGATE OF _- SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000)------- IM_ ANY SINGLE OBLIGATION,REGARDLESS OF THE NUMBER OF INSTRUMENTS-ISSV DFOR THE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said%kttorneS4-in-Fact,pursuant tolthesepresents,are ratified and c©nfimrecfi_ This document is not valid unless printedon colored background and is multi-colored. Thrsappo ntment is made under aiAl� nthori of the board of director at fa special meeting held on February 18,1982. This Power of Attorney is signed and seawl facsimile under and by the authority of the following res610c s adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice=pr_esident,or assistant vice president,in conjunction with th_e_;ecretary or any assistant secretary,-may appoint — — attomeys-in rity=fact or agents with autho as defined or limited in the instrument evidencing the appomtmen i i each case,for and onTiehal€if the company to execute and deliver and affix the seal ofthe-company to bonds,undertakings recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any`Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid andbindmgzipon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seaftkrequired)by any secretary or ssistall -_ secretary;or ---- ==_-= (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and couufersigned and sealed(if a seal�i& required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a_s_eal be required)by one or more=attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attomegissued by the company to such person or persons. RESOLVED FURTHER,that the signature of any_authorized officerandthe_seal=of the company may be affixed by facsimile to anyTower of_Aitorney or certification fhereof authorizing the execution and delivery of any bond,undertaking,recognizance,or othersuretyship obligations of the compari}�and such signature and seal when so used shall have the same force and effect as though fnanually affixed. _- —= IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its properofficer,and its corpora" earT©Tim affixed this_ 20TH day of APRIL,2015 —_ Pam, ,'ur OLD REPUBLIC SURETY COMPANY — _ - RALAw Rill STATE OF`NISCONSIN,COUNTY OF WAlrI ESEA-SS 4� __ - Nbsident — _ —- On this 20TH ' d_ay of APRIL,2t11�-' ,personally came beTore'-me, Alan Pa��== ar[d -__ Phyllis M.Johnson to me known fo be the individuals and ofifcers ofke OLD REPUBLIC SUIT ET�ECOMPANY who execuEetl the above inshument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say�liat they are the said officerstif=the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed-and subscribed to the said instrument by the authority of tneboard of directors of said corporation. A = -=== = Notary Publ f_F__— === — — — Mycomm5=scion expires: 9/2V2048_ --- CERTIFICATE _ (Expiration of notary commission does not invalidate ihisAnsirunment) I,the undersigned,assisfant �re�a of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. I ,rism 87-838©� �e suer► Signed and sealed at the City of Brookfield,WI this day of — �I — $ SEAL � FENNELL&ASSOCrATES THIS DOCUMENT HASA COLORED BACKGROUND ANO / ON THE FACE. THE COMPANY • • APPEARS ON BACK OF DOCUMENT ASA WATERMARK, ARE •OCUMENT IS VOID,--- =_ - 22£351-U� i 0061 19-I MAINTENANCE BOND Page I of 3 Bond Number: 2089853 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § IQIOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Texas Commercial Construction,LLC ,known as 8 "Principal'herein and Old Republic Surety Company ,a corporate surety 9 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 11 municipal corporation created pursuant to the laws of the State of Texas,luiown as"City"herein, 12 in the sum of Seven Hundred Fifty Thousand Dollars($ 750,000.00__),lawful 13 money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment of 14 which sum well and truly be made unto the City and its successors,we bind ourselves, our heirs, 15 executors,administrators,successors and assigns,jointly and severally,firmly by these presents. 16 17 WHEREAS,the Principal has entered into a certain written contract with the City awarded 18 the day of A1J5 2,5 200 ,20 ,which Contract is hereby 19 referred to and a made part hereof for all purposes as if frilly set forth herein,to furnish all 20 materials,equipment labor and other accessories as defined by law, in the prosecution of the 21 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 22 the"Work")as provided for in said contract and designated as 23 24 FIRST RENEWAL-SMALL DIAMETER WATER MAIN EXTENSIONS,REPLACEMENTS, 25 &RELOCATIONS CONTRACT 2019,CPN 102197;and 26 I� 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will r 29 remain free from defects in materials or workmanship for and during the period of two(2)years i1 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 31 32 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH SDWMERR2019,V Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No.102197 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair of reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond;and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT'WORTH SDWMERR2019,PI Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No.102197 Revised July 1,2011 006119-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this thq�i day of 3 ,20 4 5 PRINCIPAL: 6 Tejas Commercial Construction,LLC 7 8 / 9 BY: 10 Signature 11 ATTEST: 12 13 V. 10, 14 (Principal)Secretary Name and Title 15 16 Address: P. C Box /0 39 17 y •� [��K� . 'TY 18 '71, /L q 19 L4_2 Wb'_' 20 Witness as to Pri ipal 21 SURETY: 22 Old Republic Surety Company 23 24 25 BY: 26 Signs re 27 28 Lloyd Ray Pitts Jr-Attorney-in-Fact 29 ATTEST: Name and Title 30 'j/) " 31 / Address: 2201 E Lamar Blvd. Unit 260 32 (Surety)Secretary Me ' s Pitts,Bond Secretary Arlington,TX 76006 33 34 35 Witness to Sulky Telephone Number: (214) 819-3611 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH SDWMERR2019,11 Renewal STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No.102197 Revised July 1,2011 0'L6 PUBL1C SURETY COMPI * POWER OF ATTORNEY KNOW ALL M_ EN BY THESE PRESENT;-That OLD REPUBLIC SURETY COMPANY,a Wisconsmstock insurance corporation #riiake,constitute and appoint: = -= = = = PETER M.FENNELL,KIM K.CROWSON,KELLY R.HITT,ARTHUR ANDREW RICKETS,TARA MARSH,LLOYD RAY PITTS,JR.,WILLIAM BIRDSONG,OF -` ARDMORE,OK - its trueand lawful Attorney(s)in—fact,with full power and authority,not exceeding$50 000 000jor and on behalf of the company as surety,to execute and dc& and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management-bonds,hazardous waste re tion bonds or black lung bonds), as follows: M - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000)---------EtR ALIY SINGLE _ OBLIGATION REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSI7ED-FOR THE OBLIGATION- and to bind OLD REPUBLIC SURETY COMPANY thereby,and-all of the acts of saidAftorney*in-Fact,pursuant to thesesresents,are ratified and olfiftpW_ This document is not valid=unless'_printedon colored background and is multi-colored. Thisappointment is made under ii authority of the board of dirQr at a special meeting held on February 18,1982. This PowerofAttorney is signed and sealed*facsimile under and by thieftuthority of the following resohifli6 adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the=secretary or any assistant secret61-may appoint attorr*iAifact or agents with authority as defined or limited in the instrument evidencing the appoin[men i each case,for and on bbludrof the company toOf execute and deliver and affix the seal of the company to bonds,undertakings;recognizances,and suretyship rn tions of all kinds;and sa�rs may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. AN RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid anaPindTntupon the Company (i)when signed by the-president,any vice president or assistant vice president,and attested_and sealed(if a sealhe7equned)by any secretary of assistant secretary;or (ii)when signed by theTresident,any vice president or assistant vice president,secretail assistant secretary,and cou uersigned and sealed(if a seal= required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to suc"erson or persons. - __ -- ----= - _= RESOLVEI ITTTHER,that the signature of any authorized officer and=theseal ofthe company mad=be af-Ti-x__esl by facsimile to any-P"er_-oU tt mey or =_ certification thereof authorizing the execution and_delivery of any bond,undertaking,recognizance,or otheftuceLyship obligations of the comparil and such -- _- signature and seal whetLso used shall have the-same force and effect as though"Bally affixed. - - —-- IN WITNESS WHERkOF;ULD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper ,aleer,and its corporateseal toTi affixed this 20TH day of APRIL,2015. OLD REPUBLIC SURETY COMPANY -- VEAL a Sir ti�eyF — - - � nn STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS °."' _= _- President =_ -- On this 20TH day of APRIL,20I5 personally came before me, Alan Pavlic _ and Phyllis M.Johnson to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly swam,did severally depose and say;-that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said'instrument by the authority of thaoard of directors of said corporation. Yt Notary Pu61tF_ -= My oommission expires: 9/28/901-R CERTIFICATE - - (Expiration of notary commisslon=does not invalidate thISAWiument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attacked Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. === 87-8380 r=�a oup�rx Signed and sealed at the City of Brookfield,WI this day of s j .SEAL / -=_ FENNELL&ASSOCIATES = -= raBilla tt r •r r r t! a• r a a s rt 228OM2n6 5-o - __ City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 25, 2020 REFERENCE NO.: **M&C 20-0601 LOG NAME: 60SMALLDWMERR2019R1-TEJASC SUBJECT: (ALL) Adopt Appropriation Ordinance in the Amount of$900,000.00 to Fund the First Renewal with Tejas Commercial Construction, LLC, for Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 for Various Locations Throughout the City RECOMMENDATION: It is recommended that the City Council adopt the attached Appropriation Ordinance adjusting receipts and appropriations within the Water Capital Fund by increasing receipts and appropriations in the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 project(City Project No. 102197) in the amount of$900,000.00, and decreasing receipts and appropriations in the Unspecified project(City Project No. UNSPEC) in the Water Capital Fund by the same amount to fund the First Renewal of City Secretary Contract No. 53038 with Tejas Commercial Construction, LLC. DISCUSSION: On September 17, 2019 (M&C 19-0164)the City Council authorized execution of a contract in the amount of$750,000.00, with the option of two renewals, subject to appropriated funding with Tejas Commercial Construction, LLC for Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 (City Secretary Contract No. 53038). The City and the Contractor desire to exercise the first renewal of the contract in the amount of $750,000.00 and with the same terms and conditions. The work to be performed under this contract consists of extending, replacing and/or relocating small diameter water mains, service lines, and other pertinent construction required to upgrade existing small diameter water mains or as required to provide water service to individual customers or developers. While funding for this project comes from the Water Capital Fund, the Water Department issues work orders to the Contractor after payment of applicable estimated costs by the Customer and/or Developer. In addition to the contract amount, $150,000.00 is required for project management, material testing, inspection and real property acquisition. This project will have no impact on the Water Department's operating budget when completed. Appropriations for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 for various locations throughout the city are depicted below: Fund Existing Additional Project Total* Appropriations Appropriations W& S Capital Projects - Fund $900,000.00 $0.00 $900,000.00 56002 Water Capital - $0.00 $900,000.00 $900,000.00 Fund 59601 Project Total $900,000.00�$900,000.00 $1,800,000.00 *Numbers rounded for presentation. M1W13E OFFICE: Tejas Commercial Construction, LLC is in compliance with the City's BIDE Ordinance by committing to five percent MBE participation on the 1st renewal. The City's MBE goal on this project is five percent. Additionally, Tejas Commercial Construction, LLC is a certified M/WBE firm. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified project within the Water Capital fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the Water Capital fund for the Small Dia. Water Contract 2019 project to support the renewal of the contract. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) FROM Fund Department Accoun Project ProgramActivity Budget Reference # mount ID ID Year (Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Adolfo Lopez (7829) ATTACHMENTS 1. 60SMALLDWMERR2019R1-TEJASC Compliance Memo.pdf (CFW Internal) 2. 60SMALLDWMERR2019R1-TEJASC FID Table (NN 07.27.20).xlsx (CFW Internal) 3. 60SMALLDWMERR2019R1-TEJASC Form 1295.pdf (CFW Internal) 4. 60SMALLDWMERR2019R1-TEJASC funds avail.docx (CFW Internal) 5. 60SMALLDWMERR2019R1-TEJASC SAM.pdf (CFW Internal) 6. 60SMALLDWMERR2019R1-TEJASC 59601 A020.docx (Public) a it e � � e tl III. Ordinance No. AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER CAPITAL FUND BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SMALL DIAMETER WATER MAIN EXTENSIONS, REPLACEMENTS AND RELOCATIONS CONTRACT 2019 PROJECT IN THE AMOUNT OF $900,000.00 AND BY DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE UNSPECIFIED PROJECT BY THE SAME AMOUNT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2019-2020 in the Budget of the City Manager, there shall also be adjusted estimated receipts and appropriations in the Water Capital Fund by increasing estimated receipts and appropriations in the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 Project in the amount of $900,000.00 and by decreasing estimated receipts and appropriations in the Unspecified project by the same amount. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 23835-09-2019 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Douglas W Black Mary J. Kayser Sr Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: Sign In Home Legislation Calendar City Council Departments VA 13 !O Shared 10 RSS tv Alerts Details Reports File #: M&C 20-0601 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: 8/20/2020 In control: CITY COUNCIL On agenda: 8/25/2020 Final action: 8/25/2020 (ALL) Adopt Appropriation Ordinance in the Amount of$900,000.00 to Fund the First Title: Renewal with Tejas Commercial Construction, LLC, for Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 for Various Locations Throughout the City Attachments: 1. M&C 20-0601, 2. 60SMALLDWMERR2019R1-TEJASC 59601 A020.pdf History(1) Text 1 record Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 8/25/2020 1 CITY COUNCIL Approved Action details Meeting details Not available