HomeMy WebLinkAboutContract 59061-R1CSC No. 59061-R1
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 #59061, M&C 23-0117) for the PROJECT generally
described as: 2022 Water Service Leak Repair Contract; and
WHEREAS, the ORIGINAL AGREEMENT may be renewed up to three times as
provided by M&C 23-0117; and
WHEREAS, The City and Contractor desire to renew the ORIGINAL
AGREEMENT for an additional term in the amount of $750,000.00, said funds for this
renewal are available in the 2024 operating budget of the Water and Sewer Capital Projects
Fund, as appropriated in Ordinance #26453-09-2023.
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 $750,000.00. 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 III
There are no other changes to any other terms or conditions of the ORIGINAL
AGREEMENT.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Renewal of Agreement Page l of 2
Tejas Commercial Constriction, LLC
2022 Water Service Leak Repair Contract
EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date
subscribed by the City's designated Assistant -City Manager.
City of Fort Worth
15arui, B��Gcr7r�
Dana Burghdoff (No 2023 A'11 CST)
Dana Burghdoff
Assistant City Manager
DATE: Nov 7, 2023
APPROVAL RECOMMENDED:
CGtnkonhei- ffal4el-
Christopher Hardier (Oct 24, 2023 11:47 CDT)
Chris Harder, P.E.
Director, Water Departrnent
Tejas Commercial Construction, LLC
Charles D. Allen
Vice President
DATE:
APPROVED AS TO FORM AND LEGALITY:
M&C: 23-0117 (auth); 23-0863 (Funding)
Date: Feb. 14, 2023; Oct. 17. 2023
Mack (Nov 6, 2023 17:41 CST)
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. -Chris Underwood
Project Manager
ATTEST:
Jannette S. Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Renewal of Agreement
Tejas Commercial Construction, LLC
2022 Water Service Leak Repair Contract
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SECTION 00 61 14
PAYMENT BOND
0061 14- 1
PAYMENTnOND
Page I oT2
BOND NUMBER: 022237425
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Teias Commercial Construction. LLC , known as "Principal"
herein, and The Ohio Casualtv Insurance Company, a corporate surety (sureties), 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 penal sum of Seven Hundred — Fifty
Thousand & 00/100 Dollars ($750,000.00), lawful money of the United States, to be paid in Fort
Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, Principal has entered into a certain written Contract Nwith City, awarded the
1711' clay of October , 20 23 , which Contract is hereby referred to and made a 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 as provided for in said Contract and
designated as 2022 Water Service Leak Repair Contract; Citv Project No. 104552 — First
Renewal
23 NIO%V, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shrill ImN 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 accorclance with the provisions of said statute.
31
CITY OF I:ORT WoRT1I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 201 1
WATER SERVICE LEAK
REPAIR CONTRACT— FIRST RENEWAL
City Prgiect No. 104552
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0061 14-2
PAYMENTBOND
Page 2 of 2
IhI WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the day of
,20
ATTEST:
(Principal) Secretary
Pia / l V&44%-
Witness as to 1�rincipal
ATTEST:
7vvx�� i - �
(SLu•ety) Secretary
Melissa Pitts
Witness - Surety
Jordan ' s
PRINCIPAL:
Teias Commercial Construction, LLC
BY:
Signature
Name and Title
Address: 6313 Stone Lake Dr
Fort Worth TX 76179
SURETY:
The Ohio Casualtv Insurance Companv
, bIl-
BY:
Signature
Llovd Ray Pitts Jr
Name and Title
Address: P.O. Box 34526
Seattle. WA 98124
Telephone Number: 1-800-843-6446
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
WATER SERVICE LEAK
REPAIR CONTRACT —FIRST RENEWAL
City Proiect No. 104552
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised .luly I, 2011
0061 13 - 1
PERFORMANCE BOND
Page I or'2
SECTION 00 61 13
2 PERFORMANCE BOND
3 BOND NUMBER: 022237425
4 THE STATE. OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTS( OF TARRANT §
7
8 That we, Texas Commercial Construction, LLC , known as "Principal"
9 herein and The Olilo Casualty Insurance Comoanv, a corporate surety(sureties, if more than one)
10 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one oi-
1 I more), are lield 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 —
13 Fiftv Thousand EC 00/100 Dollars ($ 750,000.00), lawful money of the United States, to be paid
14 in Fort Wortl), Tarrant County, Texas for the payment of which sum well and truly to be made,
15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
16 severally, firmly by these presents.
17 WHIEREA s, the Principal has entered into a certain written contract with the City
18 awarded the I7l" day of October , 20 23 , 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 2022 Water Service Leak Repair
22 Contract: Ci tv Li ooject No. 104552 — First Renewal,
23 NO`1t�, THEREFORE, the condition of this obligation is such tilat if the said Principal
24 shall faitlifilly perform it obligations under the Contract and sliall in all respects duly and
25 faitlifull�- p°r1�irm 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 FURTHER, that if any legal action be filed on this Bond, venue shall lie in
30 Tarrant COunI�•. TeUS or the United States District Court for the Northern District of Texas, Fort
31 Wortlt Di%,isioil.
crry of Foin N1'oR r1 I WATER SERVICE LEAK
S'rmWDARD C'�': '.I R(V I'ION SPECIFICATION DOCUMENTS REPAIR CONTRACT— FIRST RENEWAL
Revised .luly I. 10 11 City Project No. 104552
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0061 13-2
PERFORMANCE BOND
Paige 2 ol'2
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
IPA WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the day of
, 20
ATTEST:
(Principal) Secretary
�1157 MeAl
Witness as to 1
1�Ancipal
PRINCIPAL:
Teias Commercial Construction, LLC
Signature
Name and Title
Address: 6313 Stone Lake Dr
Fort Worth TX 76179
SURETY:
The Ohio Casualty Insurance Company
BY: '94�jw�
Signature
Lloyd Ray Pitts Jr
Name and Title
Address:
P.O. Box 34526
Seattle. WA 98124
Telephone Number: 1-800-843-6446
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
f-nm the by-laws 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.
CITY OF FORT \,W)R TH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I. _101 1
WAITR SERVICE LEAK
REPAIR CONTRACT— FIRST RENEWAL
City Prgicet No. 104552
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except In the manner and to the extent herein stated,
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8207315-992468
West American Insurance Company
SURETY
POWER OF ATYGRUEY
KNOWN ALL PERSONS BY THESE PRESENTS; That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that
Liberty Mutual Insur%c()ol ip; n� is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laels of the State of Indians (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Jordan Pitts; Lloyu I'r. Put . I William 1). Birdsong
all of the city of ___ RiL hat, I-.oi_ _ _ 5l<,ta of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknov:Iclpe and drlivor, for snd on itz behalf as .urety and as its act and deed, any anti all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shalt be h;ndi -r, upon the Companies -.s if they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS NIHERFrbi:; thi- Pn::,er of ^.P.orney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this _ 9lir Lily bf P:brl;ah_ _ p__
Liberty Mutual Insurance Company
INSUP SU/? The Ohio
asualty Insurance
a°T� aPop QP�oaP°2aURV oPaoN° , WesttAm scan Insurance Companyany
(1912 0 0 1919 0 LU
1991 0 -7
�� yncuu5` da o °rrnssea� d� �s �Horntt� da Syr C U
� sib�'N,t By: 9 �
to David M. Carey, Assistant Secretary
State of PENNSY!.VAi,!IA
Countyof MONTGOivl,R i 0
oOn this 9th day of Fehrum —'r"-ueforo mr: personalty appeared Dr,wd M. Carey who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance )
Company, The Ohio Casually Comm m;, • nu 1Vest A.mencan Insurance Company, and that he, as such, t eing authorized so to do, execute the foregoing instrument for the purposes —U
> therein contained by signing on oeipalf ,; :h; c^rner,tinns by hiapcalf as a duly authorized officer.
V W
IN WITNESS WHEREOF, I have hereunto s.9`scri!paJ my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
0 CO
d O
O'� 9P PAST
— ` @� ^,xotilPE, ( a)F( Commonvrea8h or Pennsylvania -Notary heal >,_
O °x• rG
Teresa Postella, Notary Publlo m
r 2 v Montgomery County i E
O OF My commission exP'res hiarch 28. 2025 L3y ; `^2�
Qj �hSY44
LVP��O h!embm Penotylvoanl tAssodalWn of f nla es Teresa Pastella, Notary Public va- 00
N TARy PV0 OL N
C a? This Power of Attorney is made an6 exeuulr i pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual
O •G Insurance Company, anu West Americ;,n h °:ur;,nC.e Company which resolutions are now in full force and effect reading as follows: 0 CO04
1 a) ARTICLE IV- OFFICERS: a 12. " oehr of Atlornr�y. o 0
o Any officer or ollwr oibcri; o1 i" ("'moia!iun ,wihorized for that purpose in writi:iq by the Clodrnian or the President, and subject to such limitation as the Chairman or the � -
0 President may prescribe, gl,a ! :.L; ,,e i wrli stinineys-in-i.,�t, as may br, ne ess; fy to act in beh if of the Corporation to make, execute, seal, acknowledge and deliver as surely m =
r- any and all undertakings, bonus i� r;gnizanc; s and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -0 ctoi
�- have full power to binii b,te .'.uli oiauon oy meir signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a)
Zv instruments shad ne i :: a .fin rs .I >,!.r„ eu uy the President and attested to by the Secretary. zany power of authority granted to any representative or attorney -in -fact under the agi
provisions of ihi:> al6cir ,e i, vr,;;. „ „t ,Iny umu uy Isla coalu, the Chaiinian, the Piesident of by ille officer or officers granting such power or authority. U- n
ARTICLE XIII - :r. u. u,ur., ., p: r.ctiat 5. Suiety Bonds and Undertakings.
Any officer of thL , I drai pulpose fit eitiiinq uy the chairman fir the pfe6iueni, and subject to such limitations as the chairman or the president may prescribe,
shall appoint 3w:. wy .,, necessar i0 ant in behalf of file i;ouipany to wwKe, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recogniz;,i Such attorneys -in -fact subject to the liwitauons set forth in their fespective powers of attorney, shall have full power to bind the
Company by the,, sign i ino of ruty such instruments and to attach thereto file seal of the Company. When so executed such instruments shall be as binding as if
signed by the plesiue,a e..,c die a,.r.iraary.
Certificate of Designation - The Presidrnt of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on bell di of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely
obligations.
Authorization - By unanimous con•:ont of thr! Compony's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon P eel lihod Opy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though nlanuolly ,fftxed
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original poyrai of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked,
IN TESTIMONY WHEREOF. I have, hei eunto set my hand and affixed the seals of raid Companies this day of
tNSUP �VY INSU `iNSUR
`0 O,?grgYfi yJP�oaroR4�R92 !GP`opvnrrsr9y�
J3 Fotn `i 3 oc �3 Fotn i�' `/
1912 0 U 1919 0 2 f991 0
d 9ssdo Fr� , r`y'o a �N s' By.
d�/- O*°Saa �yl M* 55ra Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Cu 02121
Liberty
mutt il.
SURETY
Figure: 28 TAC § 1.601(a)(2)(B)
Have a complaint or need help?
If you have a problem with a claim or your premium, call your insurance company or
HMO first. If you can't work out the issue, the Texas Department of Insurance may be
able to help.
Even if you `rile a complaint with the Texas Department of Insurance, you should also file
a complaint or appeal through your insurance company or HMO. If you don't, you may
lose youi- right to appeal.
The Ohio Casualty Insurance Company
To get information or file a complaint with your insurance company or HMO:
C-dl: Liberty Mutual Surety Claims at 206-473-6210
Online: www.LibertyMutualSuretyClaims.com
Email: IIOSCL@libertymutual.com
Mail: P.O. Box 34526 Seattle, WA 98124
The Te: F!,,, Department of Insurance
To get help with an insurance question or file a complaint with the state:
Call with a question: 1-800-252-3439
File a complaint: www.tdi.texas.gov
Crnail: ConSLIlTIerProtectlon@tdi.texas.gov
14ail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091
�Jicae una queja o necesita ayuda?
Si tiene, i in problema con una reclamacion o con su prima de seguro, Ilame primero a
su comrlani ale seguros o HMO. Si no puede resolver el problema, es posible que el
Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en
ingles) pueda ayudar.
Aun Si iisieG piesenta una queja ante el Deparamento de Seguros de Texas, tambien
clelje pig �3e niar una queja a traves del proceso de quejas o de apelaciones de su
cornpahia de seguros o HMO. Si no to hace, podrfa perder su derecho para apelar.
The Ohio Casualty Insurance Company
Paia obi.o!i�-r iniorrnacion o para presentar una queja ante su companfa de seguros o
I IiV1u:
U%AS.15292e -i2j
Llarne a: Liberty Mutual Surety Claims al 206-473-6210
En linea: www.LibertyMutualSuretyClaims.com
Correo electr6nico: HOSCL@libertymutual.com
Direcci6n postal: P.O. Box 34526 Seattle, WA 98124
El Dep rtamento de Seguros de Texas
Para obtener ayuda con una pregunta relacionada con los seguros o para presentar
una queja ante el estado:
Llarne con sus preguntas al: 1-800-252-3439
Presene una queja en: www.tdi.texas.gov
Cur; eo alectr 6nico: ConsumerProtection@tdi.texas.gov
Direcci6n postal: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091
LMS-15292e 912o
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SEC11ON 00 61 19
MAINTENANCE BOND
0061 19 - 1
MAINTENANCE BOND
Page I of 3
BOND NUMBER: 022237,125
THE STATE OF TEXAS §
§ KNOW ALL 13Y THESE PRESENTS:
COUNTY01F WARRANT §
That we _ Tejas Commercial Construction. LLC , known as "Principal"
herein and The Ohio Casualtv insurance CompaIly, 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
—Fiftt,':Fieu,-,and N, 00/100 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.
�Ni tF t S, the Principal has entered into a certain written contract with the City awarded
the 17"' day of Crctober_, 20 23 , which Contract is hereby referred to and a made part hereof
for all pu1-,00!;Cs .1:. 11'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 fi•om
a duly a111101-iZed Cnan ge Order (collectively herein, the "Work") as provided for in said contract
and designated its 21z2 Water Service Leak Repair !Contract- Citv Project No. 104552 — First
R.enevva1; and
26 ' f!*,_i-Zt..A"3. Principal binds itself to use such materials and to so construct the Work in
27 accordance 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 hvo (2) years
29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
30
31 'tip HEVZEAS, 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 2O22 WATER SERVICE LEAK
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT— FIRST RENEWAL
Revised July 1. 2011 City Prcjccl No. 104552
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0061 19-2
MAINTENANCE BOND
Page 2 ol'3
NO�A' T r=_r, PEFORE, 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 111.111 and void; otherwise to remain in
full force and effect.
MOVI OU,I), 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
2111)!',D FURTHER, that if any legal action be filed on this Bond, venue shall lice jn
Tarrant County. Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division; and
Pk �I � �; FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CITY OF PORT WORTI I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
RevisedJuly 1, 2011
2022 WATER SERVICE LEAK
REPAIR CONTRACT— FIRSTRENEWAL
City Project No. 104552
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0061 19-3
MAINTENANCE BOND
Page 3 of 3
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
instrument by duly authori-r_ed agents and officers on this the day of
120_
ATTEST:
(Principal) Secretary
Witness as to i'r`f��ipal
PRINCIPAL:
Teias Commercial Construction. LIX
BY:�l —
Signature
V.
Name and Title
Address: 6313 Stone Lake Dr
Fort Worth TX 76179
SURETY:
The Ohio Casualtv Insurance Compare
BY: ---
Signature
Lloyd Rav Pitts Jr
ATTEST: &__6
Name and Title
�' Address:
(Surety) Secretary P.O. Box 34526
Melissa s Seattle. WA 98124
Witness to Surety Telephone Number: 1-800-843-6446
Jord , itts
"Note: IT sip'
ned by an officer of the Surety Company, there must be on file a certified extract
from the by-laws 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.
CITY OF FORTWORTI I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Ally I. 201 1
2022 WATER SERVICE LEAK
REPAIR CONTRACT— FIRSTRENEWAL
City Project No. 104552
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
(j Mutual The Ohio Casualty Insurance Company Cerlif(cale No: 8207315-992468
SURETY West American Insurance Company
�O'INLR OF ATTC;E:i� r
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that
Liberty Mutual Irsurm c,: ;ul Ip, m� is a corporation duly organized under the laws of the Slate of Massachuselts, and West American Insurance Company is a corporation duly organized
under the lairs of Ilia State of frickm i (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Jordan Pills; Lloyr. Vov Pitt I wiiiianl I). Birdsong
all of the city of _ Rich:u - 1,.,):: state of I'X each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknorledge and d, F; er, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and sh^II be a� hi•hrliro Iwon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Po%,in: cf Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th �'diy,ot ' 1! !
Liberty Mutual insurance Company
�L INSU,pq P_% INsp a 1148uRq The Ohio Casually Insurance Company
J ' conPOo.1rOy(I fq �Lorkpo ��vy \OP pOnPOR4r� 0 West American Insurance Company
it"�T oct a3 otn
1412 " 0 1919 0 1991 0
Cd�H�� c*j5* da y°�yrrnMea��da ls��roorn,ra�aa L
A:Fr David M. Carey, Assistznl Secretary J Cr 5
W State ofPENNSYL1ANO, c+
0) County of MON1 C ONIE R f s c E
0
o On this 9th day or i. _ I)r,,:, v _ ]033 beloro mo personally sopeared Dr,vid M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a)
L M Company, The Ohio Casualty Conhpc ny, , nn htest American Insurance Company, and that he, as sucn, f eing authorized so to do, execute the foregoing instrument for the purposes
Ntherein contained by signing on behalf ,i ill Ifrporatione ny himself as a duly authorized officer. 0)
IN WITNESS WHEREOF, I have hereunto :,u": ^rb u my name and affixed lily notarial seal at King o; Prussia, Pennsylvania, on the day and year first above written. Q m
� 'rn C) cn
0 9) 5p Pggr �Q
F
s_ Q� \�lrota7F9 < Commomvea:th of Pennsylvania - Notary Seal
Qj O Iry < y Teresa Pastella, Notary PublicMontg/, ) C� of issionomeq•C unty,arch J L
My commission expires Alarch 28, 2025 �, ; p
s- �w Comm,sslon number 1126044 •-
ti YIN �G Member. pennsl1vanla Assoclet!on o1 Naiades Teresa Pastella, Notary Public Q p
(p N �g1,Y PVO� o off
Q) This Power of Attorney is made aw eaecuiecl pursuant to and by authority of the following By -lays and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual �°N°
C) c Insurance Company, and West Arrterir.�n insurance Company which resolutions are not,,, in full force and effect reading as follows: o cV
E a) ARTICLE IV - OFFICERS:" CtiIn12 Pi-y. cco
40-
Any officer or other offrral !n i _, a„aliun authorize, for that purpose in t.'riliny by ih,. Chsifman cr the President, and subject to such limitation as the Chairman or the �-
President ma !)wscribo, sl .;;! „ ,o..in Gtc h r llon,e s iu-Gtct, as may br necesse n to a In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely m c0c Y' 1- Y i•-'•
any and all undertakings, bands, ,,.t ogni, anccs and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall o
O L have full power to bind the "immoral on oy their signature and execution of any such insiaanenls and to attach thereto the seal of the Corporation. When so executed, such cc: ro
Z instruments shall be as L,noutt, it :,! l„zu uy the President ant attested to b the Secretary. cur/ power or authorit
y granted to any representative or attorney -in -fact under the -0. (Wo
provisions of iihis artiCld lnuy ,r: c io;,.; it dn, little oy ilia uoald, the Chn,rman, the Presided or oy lite o!itcer or officers granting Such power or authority. 00)
ARTICLE XIII - iixect,lw,t t„ b. Swbly Bonds and Undertakings.
Any officer of the uourpeurr , uL : -,,_, ";t , u;dl pu,Pose 11-1 rnuing by fhb cuailrnau u1 the ple5iderhi, and sunject to such limitations as the chairman or the president may prescribe,
Shall appoint suCk dwnPy:,-iwi, l : ,njy ut• nta:3ssaly to at,( in bbihdli cf cite C,ontNany io make, execute, beat, acknowledge and deliver as surely any and all undertakings,
bonds, recegnizauces and .,!h: s 1� ,; t a,kyt, ores- Such atorneys-in-;act subject to the limitations set foah in their respective powers of attorney, shall have full power to bind the
Company by Melt sigoaloi,, ;=,,-i r- - , ,.,iu,l rn ally music iu>trtuuenls ai,d to attach lherato the seal of the Conhpany. When so executed such instruments shall be as binding as if
signed by the p,esioeut ant ra. s,-d i.y Li sat hry.
Certificate of Designation - The Prpsi;6;,.t of tite Cnnlpany, artinq pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as (nay be necess:lty to :,,i cu a :,cu , t ),many r0 111'11,d, UeCttte, SP,a,, ackluvledge and deliver as surety any and all undertakings, bonds, reeognizances and other surety
obligations.
Authorization - By unrmr,nnue crn, n :, . (:, wfr rn7 s Bc pro of rlirectors the Comoany sots • d 1h.,1 lacsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever aupprtf,w) it, on n a 'on ; •)f any porPr of attornPy issued by the Conv):,ny in connection with surely bonds, shall be valid and binding upon the Company with
the same force and oh:ict a�, ii ow r,, ;rt;,_c
i, Renee C. Llewellyn. 1iu u;1dc rxi;r I ,nt , powar,,, T„e Qhia Insw;ince Cnmptmy liberty ivlulual Insurance Company, and Vilest American Insurance Company do
hereby certify tiho utP iAnoi,).d : ac ;lien ,i r. 4t,:: onieq is n f111,1,1: s vd rorrPct Cony of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY 1A1HFl:Lt a i i,, . ; my n,u t: "lit; aflued the s.,;;ls of^s:id O :lt:auios Ink, day of
1NSUR �gV'tNri�, %NSUtii
g j p`oavorrgr�o�rm �\Y Itpogr�ogy� `4Pt onooRgr�ycs
19 00 1919 1991
s v o Q o
��0/7 °4° *�aa3 y° H ""� °S�NdaI �s��N°* tt *�da� Ol Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC
Liberty
mutuit
SURETY
Figui-e: 28 IAC § 1.601(a)(2)(B)
Have a complaint or need Delp?
If \/ou h,.ve ;problem with a claim or your premium, call your insurance company or
I Ilvin fir:;*'. I Vou. can't Work out the issue, the Texas Department of Insurance may be
able to help.
Even if you file a complaint with the Texas Department of Insurance, you should also file
a cornplairri of appeal through your insurance company or HMO. If you don't, you may
lose your rigl-ri io appeal.
The Ohio Casualty Insurance Company
To get inrorrnation or file a complaint with your insurance company or HMO:
C,-M: Liberty Mutual Surety Claims at 206-473-6210
Online: www.LibeityMutualSuretyClaims.com
Email: IdOSCL@libertymutual.com
Mail: P.O. Box 34526 Seattle, WA 98124
'Ce:; s Department of Insurance
To get help with an insurance question or file a complaint with the state:
Call with a question: 1-800-252-3439
File a complaint: www.tdi.texas.gov
Ems I: ConsumerProtection@tdi.texas.gov
I'viall: MC 1'11-1A, P.O. Box 149091, Austin, TX 78714-9091
J ure una que,la ® necesita ayuda?
Si tiene, i in problema con Una reclamacion o con su prima de seguro, Ilame primero a
su comps )Fii da seguros o HMO. Si no puede resolver el problema, es posible que el
Deparramento de Seguros de Texas (Texas Department of Insurance, por su nombre en
ingles) pueda ayudar.
Aun Si ` i ',c. pi esenia una queja anie el Deparamento de Seguros de Texas, tambien
c.lebe pi :.;:;ii'rw Un queja a traves del proceso de quejas o de apelaciones de su
Corilpaiii;_'. Cle seguros o HMO. Si no to hace, podria perder su derecho para apelar.
The Ohio C;AM.1alty Insurance Company
Para of>i,-! ii :i i doi'rn�W'1611 o para presenter una queja ante su compania de seguros o
I iivlu:
L i A 5-15292e . b::
Llame �i: Liberty Mutual Surety Claims al 206-473-6210
En linen: www.LibertyMutualSLli-etyClaims.com
Correo electronico: I-IOSCL@Iibertymutual.com
Direccion postal: P.O. Box 34526 Seattle, WA 98124
El Dep: fie Seduros de Texan
Para obtenPr ayuda con Lina pregunta relacionada con los seguros o para presentar
una queja ante el estado:
Llame con sus preguntas al: 1-800-252-3439
?iesenie una queja en: www.tdi.texas.gov
�:,lectionico: CorisumerF'rotection@tdi.texas.gov
Direccion postal: MC 111-1A, P.O. Box 14.9091, Austin, TX 78714-9091
LMS•15292e 9/20
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, February 14, 2023 REFERENCE NO.: **M&C 23-0117
LOG NAME: 602022WATER SL REPAIR CONTRACT - TEJASC
SUBJECT:
(ALL) Authorize Execution of a Contract with Tejas Commercial Construction, LLC, in the Amount of
$750,000.00 for the 2022 Water Service Leak Repair Contract with Three Optional Renewals, and Adopt
Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital
Improvements Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a contract with Tejas Commercial Construction, LLC, in the amount of
$750,000.00 for 2022 Water Service Leak Repair Contract which includes three optional renewals;
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, transferred from available
funds within the Water and Sewer Fund, for the purpose of funding the 2022 Water Service Leak
Repair Contract project (City Project No. 104552) to effect a portion of Water's contribution to the
Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with
Tejas Commercial Construction, LLC, in the amount of $750,000.00, for 2022 Water Service Leak Repair
Contract, with three optional renewals.
The work to be performed under this contract consists of repairing water services lines as leaks in the
distribution system are discovered so as to minimize system water loss and respond quickly to customer
requests. The contract will augment Water Field Operations efforts in timely repairs of service line leaks
that are discovered or reported within the water distribution system.
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 the option to
renew this contract three times under the same terms, conditions and unit prices subject to appropriated
funding.
The project was advertised for bid on December 22, 2022 & December 29, 2022 in the Fort Worth Star -
Telegram and on January 26, 2023, the following bid was received:
Bidder Amount Time of
I Completion
Tejas Commercial Construction, $1,679,950.001
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, land acquisition,
material testing and inspection.
It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan
throughout the fiscal year, instead of within the annual budget ordinance, 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 2023-2027
Capital Improvement Program, as follows:
602022WATER SL REPAIR CONTRACT - TEJAS
Capital
Project
BudgetRevised
FY2023 CIP Change
Fund
Name
Name
Authority FY2023
Appropriations (Increase/ Budget
Decrease)
56002-
104552—
W&S
2022
Capital
Water
$0.00 This M&C $900,000.00 $900,000.00
Projects
SL
SL air
RepConntrac
Fund
Funding is budgeted in the Transfer to Water/Sewer account of the Water Capital Project Department's
Water & Sewer Fund for the purpose of funding the 2022 Water SL Repair Contract project within the
Water & Sewer Capital Projects Fund.
Appropriations for 2022 Water Service Line Repair Contract as depicted below.
FUND Existing additional Appropriations Project
Appropriations Total
Capital
Projects $0.00 $900,000.00 $900,000.00
- Fund
56002
Project $0.00
Total
$900,000.00 1$900,000.00
This project will have no impact on the Water Department's operating budget when completed.
Business Equity: Tejas Commercial Construction, LLC. is in compliance with the City's Business Equity
Ordinance by committing to 79 percent Business Equity participation on this project. The City's Business
Equity goal on this project is 10 percent. Additionally, Tejas Commercial Construction, LLC. is a certified
Business Equity Firm.
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 recommendations and adoption of the attached appropriation ordinance, funds will
be available in the W&S Capital Projects Fund for the 2022 Water SL Repair Contract project to support
the approval of the above recommendations 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
IFund l Department 1�4ccountl Project IProgram�Activityl Budget I Reference # mount
ID I ID II Year (Chartfield 2)
FROM
Fund Department ccount Project Program ctivity Budget Reference # mount)
ID I ID ( I Year ( (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: J. Chris Underwood (2629)
ATTACHMENTS
1. 602022 WATER SL REPAIR CONTRACT — TEJASC 1295.pdf (CFW Internal)
2.602022 WATER SL REPAIR CONTRACT —TEJASC ComoMemo.odf (CFW Internal)
3.602022 WATER SL REPAIR CONTRACT —TEJASC FID Table (WCF 02.01.23).xlsx (CFW Internal)
4. 602022WATER SL REPAIR CONTRACT -TEJASC funds availabilitv..pdf (CFW Internal)
5. ORD.APP 602022WATER SL REPAIR CONTRACT-_TEJASC_56002 AO23(r2).pdf (Public)
6. PBS CPN 104552.Ddf (CFW Internal)
7. TEJASC SAM.Ddf (CFW Internal)
602022 WATER SL REPAIR CONTRACT - TEJASC FID Table
1&2
I
1&2
56002
0600430
5110101 1104552
I
001740
1&2 156002
I
0600430
5330500 1104552
I
001740
1&2 156002
I
0600430
I5710010 1104552
I
001740
1&2 156002
I
0600430
I5740010 1104552
I
001740
Ij 1&2
56002 I
0600430
I5110101 1104552
001780
1&2
56002 I
0600430
I5540101
104552 I
001480
1 156002
I
0600430
I5740010
104552 I
001780
1&2 156002
I
0600430
I5310350 1104552
I
001784
1&2 156002
I
0600430
5330500 1104552
I
001784
1&2
56002 I
0600430
�5110101
104552 I
001785
156002
I
I2060000 1104552
I
RETAIN
9999
9999
9999
9999
9999
9999
9999
9999
9999
($900,000.00)
($900,000.00)
$1,250.00
$1,250.00
$1,250.001
$1,250.00I
$65,000.00
$5,000.00
$750,000.00
$5,000.00
$10,000.00 I
$60,000.00
10/19/23, 7:52 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 10/17/2023 REFERENCE
NO..
CODE: C TYPE:
Official site of the City of Foit Worth, Texas
j'ORI VORTII
**M&C 23- LOG NAME: 602022WATER SL REPAIR
0863 CONTRACTRI-TEJASC
CONSENT PUBLIC NO
NO
SUBJECT: (ALL) Adopt Appropriation Ordinance in the Amount of $900,000.00 to Fund the First
Renewal of a Contract with Tejas Commercial Construction, LLC, for the 2022 Water
Service Leak Repair Contract and to Effect a Portion of Water's Contribution to the Fiscal
Years 2024-2028 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 & Sewer Fund, for the purpose of
funding of the 2022 Water Service Leak Repair Contract (City Project No. 104552) and to effect a
portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
On February 14, 2023, Mayor and Council Communication (M&C 23-0117) the City Council
authorized the execution of a contract in the amount of $750,000.00, with Tejas Commercial
Construction, LLC for the 2022 Water Service Leak Repair Contract (City Secretary Contract No.
59061) and provided for the option of three renewals. M&C 23-0117 also provided for an additional
$150,000.00 for project management, land acquisition, material testing and inspection.
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 repairing water service lines as leaks in the
distribution system are discovered so as to minimize system water loss and respond quickly to
customer requests. This contract will augment Water Field Operations efforts in timely repairs of
service line leaks that are discovered or reported within the water distribution system.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year,
instead of within the annual budget ordinance, 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 2024-2028 Capital Improvement
Program, as follows:
602022WATER SL REPAIR CONTRACTR9-TEJASC
Capital project FY2024 CIP Budget Change Revised
Fund Name Appropriations Authority Increase/Decrease) FY2024
Name Budget
56002 104552 _ - - - - -- --- — W&S -
— 2022
Water
Capital $0.00 This M&C $900,000.00 $900,000.00
Projects SL air
Fund RepContract
Funding is budgeted in the Transfer to Water/Sewer account of the Water Capital Project
Department's Water & Sewer fund for the purpose of funding the Water Service Leak Repair Contract
project within the Water & Sewer Capital Projects Fund.
112
10/19/23, 7:52 AM M&C Review
FUND Existing Additional project Total*
Appropriations Appropriations
Water Capital
Fund Capital
$900,000.00 $900,000.00 $1,800,000.00
6002
Project Total $900,000.00 $900,000.00 $1,800,000.00
*Numbers rounded for presentation purposes.
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 Water SL Repair Contract project. Prior
to any expenditure being incurred, the Water Department has the responsibility to validate the
availability of funds.
Fund
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year I
(Chartfield 2)
FROM
Fund
Department
Account
I
Project
I !
Program
Activity
Budget
Reference #
Amount
ID
ID
I Year I
(Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
Dana Burghdoff (8018)
Chris Harder (5020)
J. Chris Underwood (2629)
ATTACHMENTS
602022 WATER SL REPAIR CONTRACTR1-TEJASC.docx (CFW Internal)
602022WATER SL REPAIR CONTRACTR1-TEJASC FID Table (WCF 09.14.23).xlsx (CFW Internal)
ORD.APP 602022WATER SL REPAIR CONTRACTR1-TEJASC 56002 A024(r1).docx (Public)
PBS CPN 104552.pdf (CFW Internal)
SAM Teias Commercial Construction. pdf (CFW Internal)
annq rfwnat nrn/rnunril narkPt/mr. rPvlpw.asn?ID=31489&councildate=10/17/2023 2/2