HomeMy WebLinkAboutContract 53038-R2CSC No. 53038-R2
CITY OF FORT WORTH
SECOND RENEWAL OF AGREEMENT
WHEREAS, the City of Fort Worth, ("City"), and Tejas Coinmercial Consttuction, LLC,
("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 tei�rn at the same price; and
WHEREAS, funding is available for this SECOND RENEWAL as appropriated by M&C
21-0131.
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 Tei�rn 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.
Second Renewal of Agreement
Tejas Commercial Construction, LLC
City Project No. 102197
OFFICIAL RECORD
�' CITY SECRETARY
FT. WORTH, TX
EXECUTED by each party's duly authorized repi�esentative and EFFECTIVE as of the date
subscribed by the City's designated City Manager.
City of Fort Worth
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DanaBurghdoff(f ay18.70 13:0�
Dana Burghdoff
Assistant City Manager
DATE: May 18, 2021
,...• • ' • � �
.�__-_� ;,� J i'/'�..�
�
Chris Harder, P.E.
Director, Water Department
Tejas Commercial Construction, LLC
`� ; -
Name Charles D. Allen
Title Vice President
DATE: ` -
APPROVED AS TO FORM AND LEGALITY:
:.Z
Douglas W. Black
Sr. Assistant City Attorney
Contract Compliance Mana�er
M&C: 21-0131 (funding)
Date: 02/16/21
M&C: 19-0164 (authorization)
Date: 09/17/19
By signing I acknowledge that I arn the peison responsible for the monitoring and administration
of this contract, including ensuring all perfor-mance and reporting requirements.
!' � � � � �l
awrence Hami on, P.E.
Senior Professional Engineer
ATTEST:
�� ' r�A
Mary J. Kayser
City Secretary
Second Renewal of Agreement
Tejas Commercial Construction, LLC
City Project No. 102197
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OFFICIAL RECORD
�� CITY SECRETARY
FT. WORTH, TX
00G1 I3-1
PERFORMANCE BOND
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S�CTION 00 6113
PERFORMANCE BOND
Bond Number: 5940387
THE STAT� OF T�XAS §
§ K1VOW ALL BY TH�SE PR�S�NTS:
COUNTY OF TAItRANT §
That we, Tejas Commercial Construction, LLC , Icnown as
"Principal" l�erein and Old Re�ublic Surety CompanX , a corporate
sui•ety(sureties, if more than one) duly authorized to do business in tlie State of Texas, laiown as
10 "Sui•ety" herein (wliethei• one or more), are held and fiimly bound unto tlie City of Foit Wortl�, a
t 1 mimicipal corporatio►i ci�eated put�suant to the laws of Texas, lcnown as "City" herein, in the penal
12 sum of, Seven Huiidred Fifty Thousand Dollai•s ($ 750,000.00_), lawful money
13 of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of wl�ich
14 sum well and truly to be made, we bind ow�selves, our iieirs, executors, administrators, successors
15 and assigns, jointly and severally, firmly by these presents.
16 WI3�R�AS, the Principal lias enTered into a cei�tain wi•itten contract with the City
17 awarded the day of ���;�y �j;�� , 20_, which Contract is hereby ceferred to and
18 made a pai�t hareof foi• all purposes as if fully set forth herein, to furi�isti all materials, equipment
19 labor and other accessories defined by law, in the prosecution of the Wor1c, including any Change
20 Orders, as provided for in said Contract designated as
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SGC(�NI) RTNEWi1L - S��I,��LL T)IAi��tETTIt �VATTR Iv1AW GX'TENSIONS.
RI;PI.�C'I;MFNTS. �� RI?l,OCA'I'IONS C'ONTRAC'T ",01�). C('rl IO'197
NOW, TH�REFOR�, the condition of this obligation is such that if the said Principal
24 sl�all faithfully perform it obligations wider the Contract and shall in all respects duly and
25 faithfulty perform ttie Worlc, including Change Orders, under tlte Contract, accoi•ding to the �lans,
26 specifications, and contract documents therein refen�ed to, and as well ducing any period of
27 exteiision of the Contract that may be granted on the pa��t of the City, then this obligation shall be
28 and become null �nd void, otlierwise to reulain in full force and effect.
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PROVID�D FURTH�R, that if any legal action be filed on this Bond, venue shall lie iu
Tari•a►lt County, Texas oi• the United States Distcict Court for tlle Noi•thern District of Texas, Fort
31 Wordi Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July l, 2011
SDWMERR2019, 2nd Rene�val
City Project No. I02197
00 61 13 - 2
PERPORMANCE BOND
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Tliis Uot�d is made and executed in complia�ice witli tlie pcovisioiis of Chaptei• 2253 of tlie
Texas Govei•nmeiit Code, as amended, and all liabilities on this bond shall be dete�mi�ied in
accordance �vith the provisions of said stah�e.
IN WITN�SS WH��OF, tlie Princbpal atrd the Surety have SIGNF,D and SEALFD
this insh•ument by duly authorized agents and officers on this the day of
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ATTEST:
(Principal) Secretary
'��� GJ�,.-�
Witness as to P 'ncipal
PRINCIPAL:
Tejas Commercial Construction, LLC
BY: ' %�- '� - C ��� � --
Signature
` l, . lr� �; �j I I—�=�- � y'
Name and Title � '
Address: P.O. Box 10395
RivPr (�alc�, TX 76114
SURETY:
(�ld Re�ublic Stiii•eT('�__Tnv
BY: �-t�cL���
Stgnature
Lloyd Ra� Pitts Tr - Attorney-In-Fact
Name and Title
Address: 2201 E. Lamar Blvd., Unit 260
Arlington TX 76006
�--
Wi as to Surety Jordan A Pitts Telephone Number: (214) 819-3611
*Note: If signed by an officer of the Surety Company, there must be on file a certi�ed extract
fi•om the by-laws showing that this pei•son lias authority to sign sucl� obligation. If
Surety's physical address is different fi•om its mailing addcess, both �nust be provided,
The date of the bond sl�all not be prior to the date the Contract is awarded.
CIT'Y OP PORT WOR7'H
STANDARD CONSTRUCT'ION SPECIFICATION DOCUMENTS
Reviscd July I, 2011
SDWMERR2019, 2nd Renewal
City Project No. 102197
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PAl'MGNT BOND
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TH� STAT� OI+ T�XAS
COUNTY OF TARRANT
S�CTION 00 61 14 Bond Number: 5940387
PAYMENT BOND
§
§ KNOW ALL BY �'Hr•S� PI�S�NTS:
§
That we, Te�as Commercial Construction LLC , laiown as
"Principal" he►•ein, aild Old Republic Surety Company , a
coi•poi•ate sucety (sureties), duly autlioi•ized to do business in the State of Texas, laiow�i as
"Surety" I�erein (whether one oc inore), are held anci firmly bound unto the City of Foi�t Woi�th, a
municipal coi•poration created pursuant to tlie laws of the State of Texas, know►i as "City" lierei�i,
in the penal sum of Seven Hundred Fiftv Thousand Dollars
($_750,000.00�, lawful money of the United States, to be paid in Foi�t Wort(i, Tarrant
County, Texas, far the payment of which sum well and truly be made, we bind ourselves, our
heirs, executocs, administrators, successors and assigns, jointly and severally, ficmly by these
pi•esents:
17 WH�I2�AS, Principal has entered i»to a certain wcitten Contract with City, awarded the
���'11 :! ;i �;�j-�r i
18 �day of , 20 , which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully set forth lierein, to fiirnish all materials, equipment,
20 laboi• and other accessocies as defined by law, in tlie prosecution of the Wock as provided for in
21 said Contract aud designated as
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SLCONT) RI:NL�.A1`;AL - S��I�ALI, DIr1��IL=1Cl� 1VATF�,R R�If�IN (�;A`1 LVSIONS.
RF,PLACEh9Cii�� �S. �� IZ(:LOC�\"1'I(�i�S �'ONTR;\C�T' ?019. CPN IQ2197
24 NOW, TH�R�FORE, THE CONDITION OF THIS OBLIGATION is such that if
25 Principal shall pay all monies owing to any (and all) payment bond beneficiaiy (as defined in
26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Worlc under
27 the Contract, then this obligation shall Ue aud become null and void; otherwise to remain in full
28 focce and effect.
29 This bond is made and executed in cotnpliance widi tlte provisions of Chapter 2253 of the
30 Texas Governinent Code, as amended, and all liabilities on this bond shall be determined i�i
31 accordance with the provisions of said statute.
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C1TY OF PORT WORTH
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMGNTS
Revised July l, 2011
SDWMERR2019, 2nd Renewal
City Project No. 102197
00 G 1 14 - 2
PAYMENT BOND
Pnge 2 of 2
1 IN WITN�SS WHER�OF, tl�e Principal and S�u•ety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the day of
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ATTEST:
PRINCIPAL:
Tejas Commercial Construction, LLC
BY: ;' ,%' `' �„ `�� ,'_
Signature
� �
�1,. -1r. ;� f-i I<< ., L� v-
Name and Title
Address: P.O. Box 10395
River Oalcs, TX 76114
(Pi•incipal) Secretaiy
°d�� �: �(,E-�-
Witness as to • ncipal
ATTEST:
• �/'��
(Surety) Secretary Melissa Pitts
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Witnes to Siii•et 1ordan A Pitts
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SURETY:
Old Re�ublic Surety Compan�
BY: ,.1-1 i� �l � � ��i4%'/ /�
Sign�
L_1_ov� Pitts �i• - Attoi•n�r-Tn-Fact
Name and Title
Addt•ess: 2201 E. Lamar Blvd„ Unit 260
At•ling�o 1, TX 76006
Teleplione Numbei•: (214) 819-3611
Note: If signed by an officer of the Surety, there must be on file a ce��tified e�.tract from the
bylaws showing that this person lias authority to sign such obligation. If Surety's physical
address is diffecent fi•om its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
�ND OF S�CTION
�
CITY Or FORT WORTH SDWMERR2019, 2nd Renewal
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS City Project No. 102197
Revised July 1, 2011
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� nLD' REPt)BLIC SLIRETY C'01�'IPANY -
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** * ** ' POWER'OF A7TORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stook insurance corporation, does make, constitute and -
appoin[: ' ,
: LLOYD RAY FITfS JR, WILLIAM D. BIRDSONG, JORDAN A. PITTS, OF DALLAS, TX °=-
its true and latvful Attomey(s)-in-Fact, �vitli full powee and autliority, for and on behalf of tHe company.as surely,.to ezecule'and deliverand affix lhe -
seal of Ihe company thereto (if a seal is required), bonds, underiakings, recognizances or other �vritten obligations in lhe nature ihereof, (olher Uia�i bail bonds, bank
cleposilory bonds, roo�ig�ge deliciency bou<Is, inortgage guni7nt}' bonds, gua��ntees of inst�liment,naper and nole,gunr�n�y bonds; sclt=inswance Workers , "
c�iupens�lian bolids guniante�ing p�yment of benefits or black lung bonds); as follows: -
°
= :ALL WRTTTEN INSTRUMENTS - ' - ` - = ' -
and to bind OLD' REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact; pursuant to tNese presents, are ratified and confirmed.
This;appoinUnen[ is made under and by authority of the board of directors aG a special meeting held on Februaiy l 8, 1982,. This Power of Attomey is signed and `
5ealed by faosimile undei` and by Ihe authoi'ity of the following i'esolulions adopted by the board of dii�ector5 of the OLb REPUBLIC SURETY COMPANY on < '='
Febniary I8, 1982.
RESOLVED that, tlie presidenf; any vide-president, or assistant vice president, in conjunction with ihe secretary ar any as5istant secretary; may appoint
attomeys-in-fact oragents with auUiority as defined or limited in the instrument evidencuig t6e appointmenl ip each case, for and on behalf of tlte company to -
execute and deliver and affix llie seal of the company to bonds, underlakings, recognizances, and suretyship obligations of all kinds; and said ofticers'may remove
any such attomey-in-fact or agent and revoke any Powerof Attomey previously granted to such person. '
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligatioo shall be valid and binding upo� the Company
(i) wl�en signed by lhe presidenl, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretaiy; or , ,. : -
(ii) when signed by the president, any vice president or assistant vice president, secretary or assislant secretaiy, and counters�gned andsealed (if a seal be
_: _.
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 attomeys-in fact or agents pursuant to and wi(hin tl�e limits ofthe authority ,. --.
evidenced by the Power of Attorney: issued by the company to such person or persons, `
° ' RESOLVED FURTHER, that the signature of any authorized ofiicer and the seal of Uie company may be affixed by facsiinile to any Power of Attomey or '--`
ceilification there of authorizing the ezecution and delivery of any bond, undeiiaking; iecognizance; or other suretyship obligations of the company;. and >'
such signature and seal when so used shall have the same force and effect as though manually affixed.
. . _ ,..�;�-i i i � � � � :,�, ".. -_ . .: ' .�. _:.. .
IN W ITNESS WT�EREOF, bLD REPUBLIC SURETY COMPANY (�as caused these presents to be signed by its prope� o�cer, �nd its coiporate seal to be
affixed this 8TH :' day. of `JANUARY, 202L _
` , • , ' OLD REPUBLIC SUR�TY COMPANY " '
. i � �- . � � , i�� ..
y`�. i ::`�p1� uNfr� .
- " �_Q�.iC�-i�` �+��!!�!�'� _ -- � �� Wa �orroe�re�. �ha '
a.. p-
� Assistant Se�ret�ry ' , o: -S.F.AL Y� r' -
I � : , ���, , . %�' � ;
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,
_ , :
STATE OF WISCO�ISIN CGUNTY OF WAUICESHA-SS �",.. •'' � President
On U�is ' gT� ',; i i li i �'� ���da y of �ANUARY; 2021 ' , personally came before me, Alan Pavlic . ` and
Karen J Haffner_ , lo me known to be lhe individuals and ofticers of the OLD REPUBLIC SURETY COMPANY who executed the above ,' ;'
inslntment,,and [hey each acknowledged the executiou oFthe sa�ne, and 6eing by me duly swom, did severally depose and say; that lliey are the said office�s of the
,_
corporalion aforesaid, and lhat Ihe seal affixed to the above inshument is the seal of the corporation, and lhat snid coiporate seal and their signatures as such officers
were duly:affixed and subsoribed to the said instiument by the authority of lNe.board of directors of said co�por�tion. `
��
�:� � �j�i u re,k . � .
s. y 1 U• �. • t��-.
. _ ,, :: � �i ��9 7�-'tiQs �.r 4.i
' ; : ; '- _:: �, p � Notary Public :
;_. . _ ueL� a _ <
. �;
'�' ,„ 4�t My commission expires: 9/28/2022
_ a"v. ::-...
GE2TIFICATE (Expiratlon of notary commisston does not Invalidate thls instrument) _
I; the unde�signed, assistant secretary o.f the OLD REPUBLIC SURETY COMPANY, a Wisconsin coiporation; CERTIEY U�at the foregoing and atlached Po�ver
' of Attomey remains in full force andihas not been revoked; and furthermore; Ihat the Resolulions of the board of directors seGfoith in the Power of Attorney, are now �n ;;•
force. � i I � �
t
89-5054 ,, �� „y�� Signed and sealed at tfie City of Brookfield, WI this day of
, o �t
�;�° ;.��.,.,' `'� 1'S�L:.�1t.C�' 4�t�.�-�'�.! _
,
.o. a�rS� �i=
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'�',, ,t ` : � ' - ; ,_ _ Assislant Secretary .., ,..
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PITTS,FENNELL & ASSOCIATE5 LT,C '
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22851-W ronons iozozo
IMPORTANT NOTICE
- To obfain information or make a complainf:
You may ca(I �fd Republic 5urety
__ Company's and/or Old Republic Insurance
Company`s toll-free telephone number for
information or to make a compla[nt at:
1-(80d) 527-9884
You may also write to Old Republic Surety
— Company and/or O(d Republic lnsurance
Campany at:
2201 E Lamar Blvd. Unit 260
Arlington,�TX ?6006
You may contact the �'exas Department of
Insurance to obtain informafion on
companies, coverages, rights or complaints
at:
1 �(800) 252-3439
You may write the Texas Deparimen# of
Insurance:
P.O. Box 149104
Austin, TX 78714-91 D4
Fax: (512) 475-1771
Web: htfp:!lwww.tdi.stafe.tx.us
E-Mail: ConsumerProtectionCc�fdi.state.tx.us
PREMIl1M OR CLA(M D[SF'UTES:
Should you have a dispute concerning your
premium or about a claim you should
confact the agent or Oid Repubiic Surety
Company andlor Old Repubfic Insurance
_. Company firsi. If the dispufe is nflf resolved,
you may contact the Texas Departmenf of
Insurance.
ATTACH THIS NOT[CE TO YOUR
POLCCY: This notice is for informafion onfy
and does not become a part or cpndition of
the atfached documenE.
AVtSO IMPOR7AhlTE
Para obtener informacion o para someter una
queja:
Usted puede Ilamar al numera de telefono gratis de
Old Republic Surety Company's / Old Repub(ic
Insurance Company's para informacion o para
sameter una queja al�
9-(800) 527-9834
Usfed iambien puede escribir a Old Republic Sureiy
Company / Old Republic insurance Company:
2201 E Lamar Bl�+rd. Unit 260
Arling�on,TX 76006
Puede comunicarse con el Departamento de
Seguros de Texas para obtener infarmacion acerca
de companies, coberiuras, derechos o quejas ai:
1-(800j 252-3439
Puede escribir al Departamento de 5eguros de
Texas:
P.O. Box �49104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state,fic.us
E-Mail: ConsumerProteciion( c(�.fdi.sfafe.fx.us
DISPUTAS SQBRE PRiMAS O R�CLAMOS:
Si tiene una disputa concemiente a su prima o a un
reclamo, debe comunicarse con el agente o Oid
Republic Surety Company / Otd Republic Insurance
Company primero. Si no se resuelve la dispu#a,
puede enfonces comunicarse con el deparfamento
(TDl).
UNA ESTE AVISO A SU POLI7A: Este aviso es
solo para proposito de informacion y no se
convierte en parte o condicion de! clocumento
adjunto.
00 G1 19 - 1
MAMTf:NANCE BOND
Page I of 3
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S�CTION 00 61 19
MAINTENANCE BOND
Bond Number: 5940387
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TH� STAT� OF T�XAS §
§ ICNOW ALL BY TH�S� PR�S�NTS:
COUNTY OF TARRANT §
That we Tejas Cornmercial C�nstruction, LLC , lcnown as
"P�•incipal" herein and Old R�ublic Surety Com}�an� , a corporate sui•ety
(stu�eties, if more than one) duly authorized to do business in the State of Texas, lcnown as
"Surety" herein (wltether one or more), are held and firmly bound unto the City of Fo��t Woi�th, a
mtmicipal corporation created pursuaut to the laws of the State of Texas, laiown as "City" herein,
in tl�e sum of Seven Hundred Fiftv Thousand Dollacs ($_750,000.00�, lawful
money of the United States, to be paid in Fort Worth, Tat•rant County, Te�as, for payment of
which sum well and tculy be made unto the City a�id its successors, we bind ourselves, oui• heirs,
executors, administratoi•s, successors and assigns, jointly and severally, itrmly by these presents.
16
17 WHEREAS, the Principal has entered into a certain written contract with the City awarded
18 the day of � ���' ''�� �' ' , 20_, which Conh�act is hereby
19 referred to and a made part hereof for all pucposes as if fuliy set fo��th herein, to fiirnish all
20 materials, equipment labor and other accessories as defined by law, in the prosecution of the
21 Work, includiug any Work resulting from a duly authorized Change Order (collectively herein,
22 the "Worlc") as provided for in said conh�act and designated as
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SI:CO�U ItENE4\'�1L - SvinLL DIAfv1C:TE(t �VA'l�LR i��1�11N L='\l'L:NSIO�!5,
RL,PI .i1CL'.��i�N"I�S. �� RELO�'nTIONS C'ONl'ft �\CT 2019. CPT�J 102197; and
WHER�AS, Principal biuds itself to use such materials aud to so construct the Worlc in
28 accordance with the plans, specifications and Contract Documents that the Worlc is and will
29 remain free fi•om defects in matei•ials or workmanship for and during the period of rivo (2) yea��s
30 aftei• the date of Final Acceptauce of the Work by tlie City ("Maintenance Pei•iod"); and
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32 WH�R�AS, Principal binds itself to repair or i•econstruct the Work in wl�ole or in pai�t
33 upon receiving notice fi•om the City of tlie need therefor at a�ry time within the Maintenance
34 Period.
Cl7'Y OP I�OR'C WORTH SDWMGRR2019, 2nd Renewal
STANDARD CONSTRUCTION SPECIFiCATION DOCUMENTS City Project. No. 102197
Revised July l, 201 I
0061 19-2
MAINTENANCE BOND
Page 2 of 3
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2 NOW THER�FORE, the condition of tliis obligation is such that if Principal shall
3 remedy any defective Work, for which timely notice was provided by City, to a completion
4 satisfactoiy to the City, then this obligation shall become null and void; otherwise to remain in
5 full force and effect.
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'7 PROVIDED, HOW�V�R, if Principal shall fail so to repair ot• 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 reconstcucted with all associated costs thereof being boiyie by the Principal and
10 the Surety under this Maiutenance bond; and
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PROVIDED rURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Cou��t for the Northern District of Texas, Foi�
Woi�th Division; and
PROVIDED FURTHLR, that this obligation shall be continuous in natu�•e and
successive recoveries may be had hereon for successive bi•eaches.
CITY OF FORT WORTH SDWMERR2019, 2nd Rene�val
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project. No. 102197
Reviscd Juty t, 2011
00G1 19-3
MAINTENANCE BOND
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IN WITN�SS WHEI2�OF, tile Principal and the Sm�ety have eaclt SIGNED and SEALED this
iustrument by duly authorized agents and officers on tl�is the day of
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ATTEST:
(Principal) 5ecretary
�G?� �i�
Witness as to P' cipal
ATTEST:
(Surety) Secretary Melissa �ts
.C% �',
Witnes' s to Surety oldan A Pitts
PRIIVCIPAL:
Tejas Commercial Construction, LLC
BY: L� �"���—� . ���� < <�� �_ �
Signature
�.t,.::- /� T> . �4 � i��:- �� :_
Name and Title
Address: P•O. Box 10395
River Oalcs. TX 76114
SURETY:
Old Re�ublic Suretv omnan�
BY: �:� f .G/����'�---
Sig ture �
Llo�d Ra� Pitts Jr - Attorne�-In-Fact
Name and Title
Addcess: 2201 E. Lamar Blvd., Unit 260
Arlin on, TX 7h00h
Telephone Number: (214) 819-3611
*Note: If signed by an officer of tlie Sucety Company, there must be oii file a certified extract
fcom the by-laws showiug that this persott itas authoi•ity to sign such obligation. If
Surety's physical addcess is different fi•om its mailing address, both must be pi•ovided.
The date of tlie bond shall not be pi•ior to the date the Contract is awai•ded.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
SDWMERR2019, 2nd Reuewal
City Project. No. 102197
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- POWER,OF ATTORNEY '
KNOW ALL MEN BY THESEPRESENTS: Tliat OLD REPUBLIC SURfiTY COMPANY, a Wisconsin stock insurance corporation, does make, constihite and
aPPoint: ;
: LLOYD RAY.PITTS. JR, WILUAM D. BIRDSONG; JORDAN A.PITTS,AF DALLAS, TX <:-.
its true and la�vful Attomey(s)-in-Fact, witli fuli power and authol•ity, for and on behalf of the companyras surery, to execute and deliverand'affix the -.
seal of [he company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
deposiloiybUnds, itioiignge ileticiency �o�ids� iiiorlgnge gu�ra�ity bonds, guainnters of installilieiiC��per nnd note gunranty �onds, se.l�=insurance woikers
c�mpensation Gouds sutii:�nteeing p�yntent of benefits or black limg bonds), as Pollows:
.: _ ,
ALL WRITTEN INSTRUMENTS
and to bind OGD:REPUBLIC SURETY CONIPANI' ttierehy, and all of the aets of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is'made_under and by autliority of the board of directors aEa special meeting held on February;l8, 1982. This Power of Attomey is signed and , '.:
sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURET:Y'COMPANY on --
Feb�ua�y 18, 1982.
' RESOLVED Uiat; the president, any vice-president, or assistant vice president, in conjunction witli the secrelary or any assistant secretaty, may appoint
:' attorneys-in' fact or agents with autho;ity as defined or limited in the instrument evidencing Ute appointment in each case, for and on behalf oF the company fo '_
' ezecute.and deliverand affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may retn.ove ".'>'
any such atlomey-in-fac[ or agent and revoke any Power of Attomey previously granted to such person.
"' RESOLVED FURTHER; that an bond;;underiaki� reco izance, or suret shi obli ation shall be valid and bindin u on the Com an
Y 8, B� Y P g S P P Y
(i) when sigued by the pi�esident, any vice president or assistant vice president, and attesfed and'sealed (if a seal be reyuired) by. any secret<uy or aSsistant
secretary; or ; ; r ;
(ii) when signed by lhe president, any vice president or assistant vice president, secretary:or assislant secretary, and countersigned andsealed (if a seal be
required) by a duly au[horized attomey-in-fact or agent; or
,(iii) wlien duly,executed and sealed (if.a seal be required) by one or uiore attomeys-imfact or agents pursuant to and within the limits ofthe authority,
" ` evidenced by the Power of Attomey issued by lhe company to such,person or persons, <;
RESOLVED FURTHER, that the signature o£any authorized officer'and the seal of the company may be afTixed by facsimile to any Power of Attomey or
cerliFcation there of authorizing the execution and delivery of any bond, underiaking� recognizance, or otl�er suretyship obligations of the company;<: and "
such signature and seal when so used shall have the same force and effect as tliough manually affixed.
r M W1TNE$S .WH��I�E�F; ULD REPUBLIC SURETY COMPANY has caused these presenis to be signed by its proper officer, and its corporate seal to be
affixed this _' S'CI�I" �'`, day of JANUARY, 2021. , <.
_ _ . 1 ' ,,,. ,. : , OLD REPUBLIC SURETY COMPANY
' ; Oy`G Si1NEr .
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¢'�i't�-�". y; _..._.�1ct•�}�'1'(�rre.� i-'��,,�4,,,�r.,. ,"c :
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Assista�l �Secrdlar/ ;[ 6 .:SFAL � : �'
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STATE OF WI�SCONSIN, COLJNTY OF WAUKESHA-SS ���,. �''` ` President
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On lhis 8TH .� I� ��� , ilay of JANUARY, 2021 , pecsonally came before me, Alan Pavlic �d
` Karen J Haffner� �� , to me known to be the indiViduals and oFGceis oithe OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they,each acknowledged the execution of the same, and being by me duly s�vom, did s.everally depose and say; that Uiey are the said officers of the
corporation nfa�esaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal nnd their signntures �s such officers
were duly af�ixed_and subscribed to the said instrument by the authority of tlie board of directors of said coipontion. ` '
. . � j�o1� t� �.r�i�, � : � _ .
. �+: ��qT 1��'•.ti�' ���� • � �.-..
; ; " ` A f .Noiary Rublid
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,,,, ��' My co�mnission expires: 9/28/2022
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CERTIFICATE (Explration of notary commisslon does not invalidate this Instrument)
I; the unde�signed, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin coiporation; CERTIFY that Uie foregoing and aftached Powe�
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of Attomey reinains in full force� and has not been l�evoked; and Furthermore; that the Resolutions of the board of directors seC forth in the Power of At[orney, are no.w m
force. � ,
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89-5054 �,pr� , Signed and sealed at tHe City of Hrookfield, WI [his day of
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_ `>.. ' � , Assistant Secrelary
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PITTS,FENNELL & AS50C�ATF,S LLC'
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fMPORTANT NOTICE
To obfain information or make a complaint:
You may cail Old Republic Sure#y
_ Company's and/or Old Republic lnsurance
Company`s toll-free talephone number for
information or to make a complaint af:
1-(800) 527-9834
You may also write to Old Republic Surety
— Company and/or Old Repubiic Insurance
Company af:
2201 E Lamar Blvd. Unit 260
P.rlington, - TX 76006
You may contact the �"exas Departmeni af
Insurance to obtain informatian on
companies, coverages, rights or complaints
at:
1-(800j 252-3439
You may write the Texas Departmeni of
insurance:
P.O. Box 1491 �4
Ausfin, TX 78714-9104
Fax: (512) 475-1771
Web: httt�://www.tdi.state.tx.us
E-Mail: ConsumerProtection aC�.tdi.state.ix.us
PREMIUM OR CL.A[M DISPUTES:
Should you have a dispute concerning your
premium or about a claim you shouid
contact the agent or Old Republic Surety
Company and/or Oid Repub{ic Insurance
Company first. If the dispute is nof resolved,
you may cantact ihe Texas Departmenf of
Insurance.
AT7ACH TH[S NOT(CE TO YOUR
PaL(CY: This nofice is for information only
and does noi become a part or �ondifion of
fhe attached document.
AVISO iMPORTANT�
Para obtener informacian o para somefer una
queja:
Usted puede ilamar al numero de telefono gratis de
Old Republic Surety Company's / Old Republic
Insurance Company's para informacion o para
someier una queja al:
9-(800) 527-9834
Usted tambien puede escribir a Old Repubiic Surety
Company / Old Republic (nsurance Company:
2201 E I,amar Blvd. Unit 260
Arl.ington,TX 76006
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companies, coberturas, derechas o quejas al:
7 -(800) 252-3439
Puede escribir al Departamento da Seguros de
Texas:
P.O. Box 149104
Ausfin, TX 78714-9'f 04
Fax: (512) 475-1771
Web: http://www.tdi.siate.bc.us
E-MaiL• ConsumerProteciion! c(�.tdi.staie,tx.us
QISPUTAS SOBRE PRIMAS O RECLAMOS:
Si fiene una disputa concemiente a su prima o a un
reciamo, debe comunicarse con el agente o Oid
Repubfic Surefy Company/ Old Republic insurance
Company primero. Si no se resuelve la disputa,
puede entonces comunicarse con el departamento
(TDt).
UNA ESTE AV(SO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se
convierte en parte o condicion del documento
adjunto.
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tVlayor and ounc�l �rnr�runi�ation
DATE: Tuesday, February 16, 2021 REFERENCE NO.: **M&C 21-0�31
LOG NAME: 60SMALL.DWMERR2019R2-TEJASC
SUBJECT:
(ALL) Adopt Appropriation Ordinance in the Amount of $900,000.00 to Fund the Second Renewal with
Tejas Construction, LLC, for Small Diameter Water Main Extensions, Replacements, and Relocations
Contract 2019 for Various Locations Throughouf fhe City
RECOMMENDATION:
It is recommended that the City Council adopt the attached appropriation ordinance increasing receipts
and appropriations in the Wafer and Sewer Capital Projects Fund in fhe amount of $900,000.00 for the
Smal( Diameter Water Main Extensions, Replacements and Relocations Contract 2019 projecf (City
Projecf No. 102197) transferred from available funds within the Water and Sewer Fund.
DISCUSSION:
On September 17, 2019, Mayor and Council Communication (M&C 19-0164), the City Council authorized
the execution of a contract in the amount of $750,000.00, for the Small Diameter Water Main Extensions,
Replacements, and Relocations Contract 2019 (City Secretary Contract No. 53038) and provided for the
opfion of two renewals. The first renewal of the contract was aufhorized by the City Council on August 25,
2020 (M&C 20-0601).
The City and the contractor desire to exercise the second renewal of the contract in the amount of
$750,000.00.
The work to be performed under this contract consists of extending, replacing, and/or relocating small
diamefer 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 and Sewer Capital Projects Fund, the Water Department issues
work orders to the contractor afEer payment of applicable estimated costs by the customer andJor
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 locafions throughout the cify are depicted below:
Fund Existing Additional Project Total*
Appropriations Appropriations
W & S Capital
Projects - Fund $900,000.00 $900,000.00 $1,800,000.00
56002
Water Capital - �g00,000.00 $0.00 $900,000.00
Fund 59601
Project Total
iile:///C:/CTsers/SLAFFE�l/AppData/LocallTemp/Q8JBDF26.htm 4/29/2021
*Numbers rounded for presentation.
M/WBE OFFICE: Tejas Commercial Construction, LLC is in compliance with the City's BDE Ordinance by
committing to five percent MBE participation on the 2nd renewal. The City's MBE goal on this 2nd renewal
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 funcls are currently available in the Water & Sewer Fund and upon
approval of the above recommendation and adoption of the attached appropriation ordinance, funds will
be available in the current capital budget, as appropriated, in the W&S Capital Projects Fund for the Small
Dia. Water Contract 2019 project to support the renewal of the contract. Prior to any expenditure being
incurred, the Water Department has the respon�ibility to validate the availability of funds.
CERTIFICATIONS:
Submitted for City Manaqer's Office bv:
Oriqinating Department Head:
Additional Information Contact:
Dana Burghdoff (8018)
Chris Harder (5020)
Adolfo Lopez (7829)
ATTACHMENTS
1. 60SMALLDWMERR2019R2-TEJASC Compliance Memo.pdf (CFW Internal)
2. 60SMALLDWMERR2019R2-TEJASC FID Table (CH 12.28.20).xlsx (CFW Internal)
3. 60SMALLDWMERR2019R2-TEJASC Funds Available.docx (CFW Internal)
4. 60SMA�LDWMERR2019R2-TEJASC SAM.pdf (CFW Internal)
5. 60SMALLDWMERR2019R2-TEJASC 56002 A021.docx (Public)
file:///C:/LTsers/SLAFFE�1/AppData/Local/Temp/Q8JBDF26.htm 4/29/2021
FUND IDENTIFIERS (FIDs):
12/30/2020
B2Gnow
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To; Deparfiment Project Manager
From: Office of Business Equity
Date: December 30, 2020
In the Amount of: $750,000.00 Water-102197
DOE/Project Ho.
Project/Bid: Small Diameter Water Main Extensions, Repiacements and
Relocations, Contracfi 2019- Renewal 2
1, Compliance with the Cifiy's Business Diversity Enterprise (BDE) Ordinance has
been achieved by the fo(lowing method:
Tejas Commercial Construction, LLC. is in compliance with the City's BDE
Ordinance by committing to 5% MBE participation on this 2nd renewal. The City's
MBE goal on this 2nd renewal is 5%. Additionally, Tejas Commercial
Construction, LLC. is a certified M/WBE firm.
https:/lfortworth.diversitycompliance.com/FrontPage/DiversityMain.asp?XID=1305 1/1
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