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HomeMy WebLinkAboutContract 57137-R1CSC No. 57137-Rl CITY OF FORT WORTH RENEWAL OF AGREEMENT WHEREAS, this First Renewal of Agreement is between the City of Fort Worth, ("CITY"), and Teias Commercial Construction, LLC ("CONTRACTOR"); and WHEREAS, CITY and CONTRACTOR entered into that certain Original Agreement (City Secretary #57137; M&C 21-0871) for Small Diameter Water Main Extensions, Replacements, and Relocations Contract 2021; and WHEREAS, M&C 21-0871 authorized up to two renewals of the Original Agreement; and WHEREAS, the parties desire to renew the Original Agreement; and WHEREAS, funding for this renewal is available as appropriated by M&C 23-0527. NOW, THEREFORE, it is agreed by the CITY and CONTRACTOR as follows: Article I The Original Agreement, is hereby renewed for another term as described therein. Article II The CONTRACTOR's compensation for this Renewal shall remain $750,000.00, as specified in the Original Agreement. Article III All other provisions of the Original Agreement shall remain in full force and effect. First Renewal of Agreement Small Diameter WM Ext. Repl. & Reloc. Contract 2021 Tejas Commercial Construction City Secretary No. 57137 City Project No. 103388 Page 1 of 2 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth nwta" 8WG1kdalyc Dana Burehdoff (Jul1b. 2023 Tf 59 CDT) Dana Burghdoff Assistant City Manager DATE: J u l 20, 2023 APPROVAL RECOMMENDED: Laura R Wilson, for (Jul 13, 2023 YX12 CDT) Chris Harder, P.E. Director, Water Department Tejas Commercial Construction, LLC Charles Allen Vice President DATE: 7/ ,/.-o L 3 APPROVED AS TO FORM AND LEGALITY: A 1 1)rIrklIiiI I 7n73173RCDT) Douglas W. Black Senior Assistant City Attorney Jannette S. Goodall City Secretary Contract Compliance Manager: M&C: 21-0871(auth.): 23-0527(Funding) Date: 06/27/2023 Form 1295:2023-1027979 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. /0 ny Sao n r (—Lawrence Hamilton Senior Professional Engineer First Renewal of Agreement Small Diameter WM Ext. Repl. & Reloc. Contract 2021 Tejas Commercial Construction City Secretary No. 57137 City Project No. 103388 Page 2 of 2 1 2 3 4 5 6 7 SECTION 00 61 13 PERFORMANCE BOND 0061 13 - 1 PERFORMANCE BOND Page 1 of BOND NUMBER: 107815968 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 8 That we, Was Commercial Construction, LLC, known as "Principal' herein and 9 Travelers Casualtv and Suretv Companv of America, a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 1 1 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Seven Hundred Fiftv 13 Thousand Dollars ($ 750,000.00), lawful money of the United States, to be paid in Font 14 Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 27 day of _June , 2023, which Contract is hereby referred to and made a 19 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 20 and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as First Renewal, Small Diameter Water 22 Main Extensions, Replacements & Relocations Contract 2021: Citv Proiect No. 103388 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfillly 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 I" RENEWAL, SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS, REPLACEMETNS & Revised July I, 2011 RELOCATIONS CONTRACT 2021 City Project No. 103388 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 this instrument by duly authorized agents and officers on this the day of ,20 0/?, ��, PRINCIPAL: fin;/' �� eias Commercial Construction, LLC a n _ Signature ATTEST:�j,, (Principal) Secretary rr���,tj�Name and Title% pa;ucz Witness as to Pr4cipal Witness as to Surety Address: PO Box 10395 River Oaks, TX 76114 SURETY: Travelers Casualtv and Suretv Comnanv of America jD BY: / - Signature Llovd Rav Pitts Jr — Attorney -In -Fact Name and Title Address: ONE TOWER SQUARE HARTFORD, CT 06183 Telephone Number: 469-661-0314 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 43 Surety's physical address is different from 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 I` RENEWAL, SMALL DIAMETER WATER MAIN EXTENSIONS, REPLACEMETNS & RELOCATIONS CONTRACT 2021 City Project No. 103388 1 2 3 4 5 6 7 SECTION 00 61 14 PAYMENT BOND 0061 14- 1 PAYMENT BOND Page 1 of 2 BOND NUMBER: 107815968 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 8 That we, Teias Commercial Construction, LLC, known as "Principal" herein, and 9 Travelers Casualtv and Surety Companv of America, 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 Seven Hundred 13 Fiftv Thousand Dollars ($ 750,000.00), lawful money of the United States, to be paid in 14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 27 day of June , 2023, which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and 20 other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as First Renewal, Small Diameter Water Main Extensions, 22 Replacements & Relocations Contract 2021; Citv Proiect No. 103388 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 1s` RENEWAL, SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS, REPLACEMENTS & Revised July 1, 2011 RELOCATIONS CONTRACT 2021 City Prgject No. 103388 1 2 3 4 5 6 7 8 9 10 12 0061 14 - 2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of ATTEST: (Principal) Secretary ad&? Witness as to Pr2cip_al ATTEST: YQ&,�� (Surety) Secretary Witnes o Surety , 20 aa �` \\0%kUliInuIl,,i �C e•�flR,� PAL: awtlinmercial Construction, LLC •'• '•�Stgnature Name and Title Address: PO Box 10395 River Oaks, TX 76114 SURETY: Travelers Casualtv and Suretv Companv of America BY: �, f- u� Signature Llovd Rav Pitts Jr — Attorney -In -Fact Name and Title Address: ONE TOWER SQUARE HARTFORD, CT 06183 Telephone Number: 469-661-0314 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH I` RENEWAL, SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS, REPLACEMENTS & Revised July 1, 2011 RELOCATIONS CONTRACT 2021 City Project No. 103388 Travelers Casualty and Surety Company of America ASW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lloyd Ray Pitts Jr of DALLAS , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 04 ��NffyCp JP�TY ANp Ni j/H t l CNN. W HiCONND . , CO�Paail State of Connecticut City of Hartford ss. By: Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 if JiR•,p a 'v0K7/,�.''. VOTARY P1ei_0 }}f �An. Nowik, Notary Public C�M4E 1pµ+" This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of H,UTFORD, yi W HAATFORD. G QOIIPOGUI CONK. Y W CONN. o ym {//// j/ yPPP_ Kevin E. Hughes, A,,,cretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-000-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httr)://www.tdi.state.tx.us E-mail: ConsumerProtectionCa.tdi.state. tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 61 19 MAINTENANCE BOND 0061 19- 1 MAINTENANCE BOND Page 1 of 3 BOND NUMBER: 107815968 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Teias Commercial Construction, LLC, known as "Principal" herein and Travelers Casualtv and Suretv Companv of America, a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Seven Hundred Fiftv Thousand Dollars ($750,000.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 27 day of June , 2023, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as V Renewal, Small Diameter Water Main Extensions, Replacements & Relocations Contract 2021: Citv Proiect No. 103388, 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 Is' RENEWAL, SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS, REPLACEMENTS & Revised July 1, 2011 RELOCATIONS CONTRACT 2021 City Project No. 103388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ILI 0061 19 - 2 MAINTENANCE BOND Page 2 of NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Font Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 I" RENEWAL, SMALL DIAMETER WATER MAIN EXTENSIONS, REPLACEMENTS & RELOCATIONS CONTRACT 2021 City Project No. 103388 0061 19 - 3 MAINTENANCE BOND Page 3 of 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 day of 3 20 ,�•.•• �. 5 _ . : hk1ICIPAL: (etas Commercial Construction, LLC 7 % i ''' Signature 11 ATTEST: 12 14 (Principal) Secretary Name and Title 15 16 Address: PO Box 10395 17 River Oaks. TX 76114 18 C1 n 19ou 20 Witness as to Prmctpal 21 SURETY: 22 Travelers Casualtv and Suretv Companv 23 of America 24 ��25 BY: 26 Signature 27 28 Llovd Rav Pitts Jr — Attorney -In -Fact 29 ATTEST: Name and Title 30 31 Address: ONE TOWER SQUARE 32 (Surety) Secretary HARTFORD, CT 06183 33 34 Surety Wit to 7 Telephone Number: 469-661-0314 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. III CITY OF FORT WORTH I` RENEWAL, SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EXTENSIONS, REPLACEMENTS & Revised July 1, 2011 RELOCATIONS CONTRACT 2021 City Project No. 103388 Travelers Casualty and Surety Company of America AOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lloyd Ray Pitts Jr of DALLAS , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. by. SA�r� �r A/.o � A y n OC NA * t,� CONN. � W ONN.. NN. o cow"n � y� State of Connecticut City of Hartford ss. By: Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 0. voIARY -n� t LG r"�`" f Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of �wp�rQ Ja`tr aNa �Rrt NARTfORD" L �9p0RtK s Kevin E. Hughes, Ass, tant Secretary ro verify the authenticity of this Power of Attorney, please callus at 1-800-421-3880, Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this PowerofAttorney is attached, IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-000-328-21 g9 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtectionCa tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, November 9, 2021 REFERENCE NO.: **M&C 21-0871 LOG NAME: 60SDWMERRC2021-TEJASC SUBJECT: (ALL) Authorize Execution of a Contract with Tejas Commercial Construction, LLC in the Amount of $750,000.00 for the Small Diameter Water Main Extensions, Replacements and Relocation Contract 2021 and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a contract with Tejas Commercial Construction, LLC in the amount of $750,000.00 for Small Diameter Water Main Extensions, Replacements and Relocation Contract 2021 with up to two renewals (City Project No. 103388); and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $900,000.00, from available funds in the Water and Sewer Fund, for the purpose of funding the Small Diameter Water Main Extensions, Replacements and Relocation Contract 2021 project (City Project No. 103388). DISCUSSION: 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 and Sewer Capital Projects Fund, the Water Department issues work orders to the contractor after payment of applicable estimated costs by the customer and/or developer. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $750,000.00. Final payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City of Fort Worth (City) the option to renew (subject to appropriated funding) this contract two times under the same terms, conditions and unit prices. The project was advertised for bid on July 8, 2021 and July 15, 2021 in the Fort Worth Star -Telegram and on August 5, 2021, the following bids were received. Bidder II Amount Time of Completion 7ejas Commercial Construction, I$3,553,600.00 365 Calendar Days LLC Staff has reviewed the proposal unit prices and considers them to be fair and reasonable. In addition to the contract amount, $150,000.00 is required for project management, material testing and inspection. This project will have no impact on the Water Department's operating budget when completed. Appropriations for Small Diameter WMERR are as depicted below: FUND Existing I Additional Project Appropriations I Appropriations Total's "W&S Capital Projects - Fund $0.00 $900,000.00 $900,000.00 56002 Project Total 11 $0.001 $900,000.0011$900,000.00J *Numbers rounded for presentation purposes. Business Equity: Tejas Commercial Construction, LLC a certified Business Equity Firm, is in compliance with the City's Business Equity Ordinance by counting 98 percent of it's self -performance services towards meeting the Business Equity goal on this project. The City's Business Equity goal on this project is 16 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water and Sewer Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for Small Diameter WM REPL (2021) project to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs),: TO Fund Department ccount Project Program ctivity Budget Reference # mount ID 1 I ID I 1 I Year (Chartfield 2) _ � FROM Fund Department ccount Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for Citv Manager's Office bv: Dana Burghdoff (8018) Originating Department Head: Additional Information Contact: Chris Harder (5020) Adolfo Lopez (7829) ATTACHMENTS 1. 60SDWMERR2021 FID Table (NN 10.04.21).xlsx (CFW Internal) 2. 60SDWMERRC2021-TEJASC 1295 form. pdf (CFW Internal) 3. 60SDWMERRC2021-TEJASC Compliance Memo. PDF (CFW Internal) 4. 60SDWMERRC2021-TEJASC.docx (CFW Internal) 5.60SDWMERRC2021-TEJASC 56002 A022(r2).docx (Public) 6. SAM Teias Commercial Construction, LLC.pdf (CFW Internal) 60SDW M ERRC2021-TEJASC 2 56002 0600430 4956001 103388 2022 $900,000.00 2 56002 0600430 103388 2022 $900,000.00 0609020 5956001 0600430 4956001 103388 2 56002 0600430 4956001 103388 001730 9999 ($900,000.00) 2 56002 0600430 5110101 103388 001730 9999 $70,000.00 2 56002 0600430 5310350 103388 001730 9999 $800.00 2 56002 0600430 5330500 103388 001730 9999 $2,000.00 2 56002 0600430 5710010 103388 001740 9999 I $500.00 2 56002 0600430 5310350 103388 001740 9999 $500.00 2 56002 0600430 5330500 103388 001740 9999 $500.00 2 56002 0600430 5110101 103388 001780 9999 $1,000.00 2 56002 0600430 5330500 103388 001780 9999 $10,000.00 2 56002 0600430 5540101 103388 1 001780 1 9999 1 $100.00l 2 56002 0600430 55SO102 103388 1 001780 1 9999 1 $100.001 1 56002 0600430 5740010 103388 1 001780 1 9999 1 $750,000.00ITo pay contractor 2 I 56002 I 0600430 15310350 I 103388 001784 I 9999 I I I $2,000.00 2 56002 0600430 15330500 I 103388 001784 I 9999 I I $12,000.00 2 56002 I 0600430 15110101 I 103388 I 001785 I 9999 I I I $50,500.00 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 27, 2023 LOG NAME: 60SDWMERRC2021 R1-TEJAS REFERENCE NO.: **M&C 23-0527 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 2021 to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 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 $900,000.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding Small Diameter Water Main Extensions, Replacements and Relocations Contract 2019 project (City Project No. 103388) and to effect a portion of Water's contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: On November 9, 2021, Mayor and Council Communication (M&C 21-0871), the City Council authorized 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. 57137) and provided for the option of two renewals. The City and the contractor desire to exercise the first 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 diameter 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 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. 60SDWMERRC2021 R1-TEJAS Capital project FY2023 CIP Budget Change Revised Fund Name Appropriations Authority (Increase/Decrease) FY2023 Name Budget Fund 103388 56002 — Small — W&S Diameter Capital R PL Projects (2021) $0.00 This M&C $900,000.00 $900,000.00 Funding is budgeted in the Transfer to Water/Sewer account of the Water operating budget for the purpose of funding the Small Diameter WM REPLC (2021) project within the Water & Sewer Capital Projects Fund. Appropriations for the Small Diameter Water Main Extensions, Replacements, and Relocations Contract 2021 for various locations throughout the City are depicted below: Fund Existing Appropriations W & S Capital Projects - Fund $900,000.00 56002 Project Total 11 $900,000.00 *Numbers rounded for presentation. Additional I project Total* Appropriations $900,000.00 $1,800,000.00 $900,000.001$1,800,000.00 This project is located in ALL COUNCIL DISTRICTS. 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 W&S Capital Projects Fund for the Small Diameter WM REPL (2021) project to support the approval of the above recommendation and execution of the contract. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs); TO Fund Department ccount Project Program ctivity Budget Reference # mount ID 1 , ID I 1 ( Year I (Chartfield 2) 1 Fund Department ccount Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for Citv Manaqer's Office bv: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Adolfo Lopez (7829) ATTACHMENTS 1. 60SDWMERRC2021R1-TEJAS FID Table (WCF 06.09.23).xisx (CFW Internal) 2. 60SDWMERRC2021R1-TEJAS funds availabilitv.docx (CFW Internal) 3. 60SDWMERRC2021R1-TEJAS SAM.pdf (CFW Internal) 4. ORD.APP 60SDWMERRC2021 R1-TEJAS 56002 A023(r1).docx (Public) 5. PBS CPN 103388.pdf (CFW Internal) 605 D W ME R RC2021 R 1-TEJ ASC 2 56002 0600430 103388 2023 $900,000.00 2 56001 0609020 5956001 $900,000.00 2 56002 0600430 4956001 103388 001730 9999 ($900,000.00) 2 56002 0600430 4956001 103388 001730 9999 ($900,000.00) 2 56002 0600430 5110101 103388 001730 9999 $70,000.00 2 56002 0600430 5310350 103388 001730 9999 $800.00 2 56002 0600430 5330500 103388 001730 9999 $2,000.00 2 56002 0600430 5710010 103388 001740 9999 $500.00 2 56002 0600430 5310350 103388 001740 9999 $S00.00 2 56002 0600430 5330500 103388 001740 9999 $500.00 2 56002 0600430 5110101 103388 001780 9999 $1,000.00 2 56002 0600430 5330500 103388 001780 9999 $10,000.00 2 I 56002 0600430 5540101 103388 1 001780 I 9999 1 1 $100.001 2 56002 0600430 5550102 103388 1 001780 1 9999 1 $100.001 1 56002 1 0600430 5740010 103388 1 001780 1 9999 1 I $750,000.00ITo pay contractor 2 I 56002 I 0600430 15310350 I 103388 001784 I 9999 I I I $2,000.00 2 I 56002 I 0600430 5330500 I 103388 001784 I 9999 I I I $12,000.00 2 I 56002 I 0600430 5110101 I 103388 I 001785 I 9999 I I I $50,500.00