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HomeMy WebLinkAboutContract 55430-R1 CSC No. 55430-Rl CITY OF FORT WORTH 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 #55430, M&C 21-0051) for the PROJECT generally described as:2021 Water Lead Services Replacement Contract; and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to one time as provided by M&C 21-0051; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term in the amount of $350,000.00, said funds for this renewal are available in the 2022 operating budget of the Water and Sewer Capital Projects Fund, as appropriated in by M&C 22-0354 (May 10, 2022, Ordinance#25502-05-2022). NOW, THEREFORE, it is agreed by the City and Contractor as follows: Article I The Original Agreement is hereby renewed and the scope of services has not changed. Article II The Contractor's compensation shall be in the amount up to $350,000.00. The Term of'this renewal shall be effective as of the effective date indicated below and shall expire upon the expenditure of the funding. Article HI There are no other changes to any other terms or conditions of the ORIGINAL AGREEMENT. EXECUTED by each patty's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. City of Fort Worth Tejas Commercial Construction,LLC Da a surandoff �A Dn A /%n/Dn�' Dana Burghdoff .[21,20221024 CDT) Dana Burghdoff Charles Allen Assistant City Manager Vice President DATE: Jul 21, 2022 DATE: 7/12/2022 First and Final Renewal of Agreement OFFICIAL RECORD Tejas Commercial Construction,LLC 2021 Water Lead Services Replacement Contract CITY SECRETARY FT. WORTH, TX APPROVAL RECOMMENDED: , s,zozz,a�on Chris Harder,P.E. Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: 21-0051 (auth); 22-0354 (Funding) Date: Jan. 12,2021; May 10, 2022 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. J. hris Underwood Project Manager a ATTEST: x,'* '��0��l1� cP 00 d 7Gt1111����c�C7DD�Gl� p�0 00��d 0 J--fttt s.G..&[[(J.121,mzzis:4s CDT) 040 Jannette S. Goodall 0 ° d 0 0 � 00 0 �d City Secretary ��� 000ppp0000 d �>Z nEX ASaAp First and Final Renewal of Agreement OFFICIAL RECORD Tejas Commercial Construction,LLC 2021 Water Lead Services Replacement Contract CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0354 LOG NAME: 6021WLEADSVCR1-TEJASC SUBJECT (ALL)Adopt Appropriation Ordinance in the Amount of$400,000,00 to Fund the First and Final Renewal of a Contract with Tejas Commercial Construction, LLC for the 2021 Water Lead Services Replacement Contract and to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$400,000.00,transferred from available funds within the Water&Sewer Fund,for the purpose of funding of the 2021 Water Lead Services Replacement Contract project(City Project No. 103035)and to effect a portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvements Program. DISCUSSION: On January 12,2021, Mayor and Council Communication(M&C 21-0051)the City Council authorized the execution of a contract in the amount of $350,000.00,with Tejas Commercial Construction, LLC,for the 2021 Water Lead Services Replacement Contract(City Secretary Contract No. 55430)and provided for the option of one renewal. The City and the Contractor desire to exercise the first and only renewal of the contract in the amount of$350,000.00 with the same terms and conditions . The work to be performed under this contract consists of replacing water services that have been identified as lead water services.This contract is necessary to maintain quality water service by augmenting Water Field Operations'efforts in removing lead service lines from the water system in a timely manner. In addition to the contract renewal amount,$50,000.00 is required for project management, material testing and inspection. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year as projects commence,additional funding needs are identified,and to comply with bond covenants.The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program,as follows: 6021 WLEADSVC1-TEJASC Capital BudgetRevised Project FY2022 CIP Change Budget B Fund Name Appropriations Authority (Increase/ Name Decrease) Budget 56002- 103035 W&S —Misc Capital Lead $ - This M&C $400,000.00 $400,000.00 Projects Services Fund 2021 Funding is budgeted in the Transfer to Water/Sewer account of the Water operating budget for the purpose of funding the W&S Capital Projects for 2021 Water Lead Services Replacement Contract project within the Water&Sewer Capital Projects Fund. This project will have no impact on the Water Department's operating budget when completed. Appropriations for 2021 Water Lead Services Replacement Contract project are as depicted below: FUND Existing Additional Project Appropriations Appropriations Total* W&S Capital Projects-Fund $400,000.00 $400,000.00 $800,000,00 56002 Project Total $400,000.00 $400,000.00 $800,000.00 *Numbers rounded for presentation purposes. This project is located in ALL COUNCIL DISTRICTS. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water&Sewer Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be available in the in the W&S Capital Projects Fund for Misc Lead Services Rep] 2021 project. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Chris Underwood 2629 i i L L L d X X X Vf VI VI Q Q Q L L L a a a 'a �l 'a �l 3 3 N 3 0 0 o Q Q c Q W J L m _ M Y m GJ CO R 00 Y o0 3 a V a Z a ca Li- (Au � u '111U) v 111111111 C Z ~ W X ° t L tw L tw L = m u L. m cu W D Y Y ZLU Y Q Q LU Q rr N a Q a Q LL a Q 3 3 3 0 0 0 ' a a a a a a 0 0 0 0 0 0 LL LA. LL 0061 13- 1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 Bond Number: 5955228 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Tejas Commercial Construction, LLC , known as 9 "Principal" herein and_Old Republic Surety Company_, a corporate surety(sureties, if more 10 than one)duly authorized to do business in the State of Texas, known as "Surety"herein (whether 1 1 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of Texas, known as"City"herein, in the penal sum of, Three 13 Hundred Fifty Thousand and no/100 Dollars($ 350,000.00 ), lawful money of the United 14 States,to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and 15 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally,firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 12"' day of January , 20 21 , which Contract is hereby referred to and made a part 19 hereof for all purposes as if fitlly 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 2021 Water-Lead Services Replacement 22 Contract—Renewal; City Proiect No. 103035 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 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 City Project No. 103035 0061 13-2 PERFORMANCE BOND 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 `„\111111I I N11I��I 5 this instrument by duly authorized agents and officers on this the 29th day of June,2022. ,��°� ��> lG`Qh ���i,,� 6 PRINCIPAL: � c 'C_`r �T % 7 Teias Commercial Construction LL ' F ; O� 8BY: � 10 � 11 Signature 4 12 ATTEST: 13 14 �'h�r��5 ill P/Cc Y�res.d � 15 (Principal)Secretary Name and Title 16 17 Address:P.O.Box 10395 18 River Oaks,TX 76114 19 20 21 Witness as to PrinciiDl 22 SURETY: 23 Old Republic Surety Company 24 --- 25 -- _ 26 BY: _ 27 Signature 28 29 Lloyd Ray Pitts Jr—Attorney-In-Fact 30 Name and Title 31 32 Address:2201 E.Lamar Blvd.,Unit 260 33 Arlington,TX 76006 34 35 aJO PAAd6;_;P;;'__ 36 Witnes to Suret Jordan A Pitts Telephone Number: (214)-819-3611 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 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 City Project No. 103035 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 Bond Number: 5955228 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 9 "Principal" herein, and Old Republic Surety Company_, a corporate surety (sureties), duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant 12 to the laws of the State of Texas, known as "City" herein, in the penal sum of Three Hundred 13 Fifty Thousand and no/100 Dollars ($ 350,000.00), lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, 15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 12"' day of January, 20 21, 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 2021 Water Lead Services Replacement Contract—Renewal, City Proiect No. 22 103035 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 CITY OF FORT WORTH 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 City Project No. 103035 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 29th day of June,2022. 3 PRINCIPAL: Teias Commercial Construction,LLC ATTEST: BY: C/"�'�� �'�-��— \` O�G�ai-00nsfj��''�. Signature `` + ,'•��POfZ,9T, c�.''% (Principal) Secretary Name and Title n Address: P.O.Box 10395 ' River Oaks,TX 76114 '�' •'OPoAh 0�\���`� dpU \\\ /fll/Gtrl p 11111\ Witness as to Prin pal ' 1 SURETY: Old Republic Surety Company ATTEST: BY: Signature r Lloyd Ray Pitts Jr—Attorney-In-Fact (Surety) Secretary Melissa Pitts, Bond Secretary Name and Title Address: 2201 E. Lamar Blvd.,Unit 260 Arlington,TX 76006 Witness s to Su' y Jordan A Pitts Telephone Number: (214)-819-3611 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 City Project No. 103035 * * * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: LLOYD RAY PITTS JR,WILLIAM D. BIRDSONG,JORDAN A. PITTS of DALLAS,TX its true and lawful Attorney(s)-in-Fact, with full power and authority 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), 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, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney 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 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-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the 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 and binding upon the Company (i) when signed by the president,any vice president or assistant vice president,and attested and sealed (if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(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 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 such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,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. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this __ 9th day of December 2021 OLD REPUBLIC SURETY COMPANY �� =p SEAL _ 9 Ip01 < AS51„ant Sacreta.y * President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 9th day of December 2021 personally came before me, Alan PayliC and __Karen J Haffner 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 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. I I it �p7Agr. 'r?•.AV8L�4 �., Notary Public My Commission Expires: September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned., assistant secretary 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. r Suitt"" 89-5054 SEAL ;> Signed and sealed at the City of Brookfield,WI this 29 day of June 2022 o. < PB T ORSC 22262(3-06) "'�^ �l Secrela PITTS,FENNELL &ASSOCIATES LLC IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Old Republic Surety Company's and/or Old Republic Insurance Usted puede Ilamar al numeeo de telefono gratis de Company's toll-free telephone number for Old Republic Surety Company's/Old Republic information or to make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-(800) 527-9834 1-(800)527-9834 You may also write to Old Republic Surety Company and/or Old Republic Insurance Usted tambien puede escribir a Old Republic Surety Company at: Company/Old Republic Insurance Company: 2201 E Lamar Blvd. Unit 260 2201 E Lamar Blvd. Unit 260 Arlington, TX 76o06 Arlington,TX 76006 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companies, coberturas, derechos o quejas al: at: 1-(800)252-3439 1-(800)252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us Web:http://www.tdi.state.tx.us E-Mail: ConsumerProtection((a-tdi.state.tx.us E-Mail: ConsumerProtection a().tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concerniente a su prima o a un Should you have a dispute concerning your reclamo, debe comunicarse con el agente o Old premium or about a claim you should Republic Surety Company/Old Republic Insurance contact the agent or Old Republic Surety Company primero. Si no se resuelve la disputa, Company and/or Old Republic Insurance puede entonces comunicarse con el departamento Company first. If the dispute is not resolved, (TDI). you may contact the Texas Department of Insurance. UNA ESTE"ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY:This notice is for information only adjunto. and does not become a part or condition of the attached document. 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 Bond Number: 5955228 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 9 "Principal"herein and_Old Republic Surety Company_, a corporate surety(sureties, if more 10 than one)duly authorized to do business in the State of Texas, known as"Surety"herein (whether 11 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of the State of Texas, known as "City"herein, in the sum of Three 13 Hundred Fifty Thousand and no/100 Dollars($ 350,000.00), lawful money of the United 14 States,to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly 15 be made 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 12"' day of January,,20 21, which Contract is hereby referred to and a made part hereof for 20 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 2021 Water Lead Services Replacement Contract—Renewal; City Proiect 24 No. 103035; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 City Project No. 103035 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall becorne null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 Cite Project No. 103035 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 29th day of June,2022. 3 4 PRINCIPAL: 5 Teias Commercial Constr eti 10 Signature F- �egT 11 ATTEST: a� .6"xl.� 12 13 D. A 14 (Principal)Secretary Name and Title 15 16 Address: P.O.Box 10395 17 River Oaks,TX 76114 18 19 OpAz Aw- 20 Witness as to Pr cipal 21 SURETY: 22 Old Republic Surety Company 23 24 25 BY: 26 Signature 27 28 Lloyd Ray Pitts Jr—Attorney-In-Fact 29 ATTEST: Name and Title 30 31 Address:2201 E. Lamar Blvd., Unit 260 32 (Surety)Secretary Melissa Pitts. Bond Secretary Arlington,TX 76006 33 34 35 Witness urety J rdan A Pitts 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 i CITY OF FORT WORTH 2O21 WATER LEAD SERVICES STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT RENEWAL Revised July 1,2011 City Project No. 103035 **** * * * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: LLOYD RAY PITTS JR,WILLIAM D. BIRDSONG, JORDAN A. PITTS of DALLAS,TX its true and lawful Attorney(s)-in-Fact, with full power and authority 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), 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, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney 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 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-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the 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 an bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company Y 9 9 Y p 9 9 p p Y (i) when signed by the president,any vice president or assistant vice president,and attested and sealed (if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary, and countersigned and sealed(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 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 such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,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. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these resents to be signed b its proper officer,and its corporate seal to be p g Y p p p affixed this 9th _ day of December 2021 .>' I'll""° OLD REPUBLIC SURETY COMPANY eJ° sunpr q In O a A w,__ 7�u a SEAL Assi—ant Secreia III u,uao,o�O President STATE OFWISCONSIN,COUNTY OF WAUKESHA-SS On this _9th_r_w day of December 2021 ,personally came before me, Alan Pavlic and __ Karen J Haffner 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 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. yp R.P '?•.p�9ti�G. Notary Public .......... My Commission Expires: September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary 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. o . W OOPPOAATE 0: 89-5054 g SEAL Signed and sealed at the City of Brookfield,WI this 29 day of June 2022 I ORSC 22262(3-06) " AAS.cr.t. f ssis..., PITTS,FENNELL&ASSOCIATES LLC IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Old Republic Surety Company's and/or Old Republic Insurance Usted puede Ilamar al numero de telefono gratis de Company's toll-free telephone number for Old Republic Surety Company's/Old Republic information or to make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-(800) 527.9834 1-(800)527-9834 You may also write to Old Republic Surety Company and/or Old Republic Insurance Usted tambien puede escribir a Old Republic Surety Company at: Company/Old Republic Insurance Company: 2201 E Lamar Blvd. Unit 260 2201 E Lamar Blvd. Unit 260 Arlington, TX 76066 Arlington,TX 76006 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener information acerca companies, coverages, rights or complaints de companies, coberturas, derechos o quejas al: at: 1-(800)252-3439 1-(800)252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P.O. Box149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us Web:http://www.tdi.state.tx.us E-Mail: ConsumerProtection((a),tdi.state.tx.us E-Mail: ConsumerProtection a().tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concemiente a su prima o a un Should you have a dispute concerning your reclamo, debe comunicarse con el agente o Old premium or about a claim you should Republic Surety Company/Old Republic Insurance contact the agent or Old Republic Surety Company primero. Si no se resuelve la disputa, Company and/or Old Republic Insurance puede entonces comunicarse con el departamento Company first. If the dispute is not resolved, (TDI). you may contact the Texas Department of Insurance. UNA ESTE"ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document.