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HomeMy WebLinkAboutContract 59061-R3CSC No. 59061-R3 CITY OF FORT WORTH THIRD 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 agreed to the first renewal of the ORIGINAL AGREEMENT for an additional term in the amount of $750,000.00, said FIRST RENEWAL was available in the 2024 operating budget of the Water and Sewer Capital Projects Fund, as appropriated in Ordinance #26453-09-2023. WHEREAS, The City and Contractor agreed to the second renewal of the ORIGINAL AGREEMENT for an additional term in the amount of $750,000.00, said SECOND RENEWAL was available in the 2024 operating budget of the Water and Sewer Capital Projects Fund, as appropriated in Ordinance #26453-09-2023. WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for the third term in the amount of $750,000.00, said THIRD RENEWAL is available in the 2025 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 Third Renewal of Agreement Page I of 2 Tejas Commercial Construction, LLC 2022 Water Service Leak Repair Contract EXECUTED by each parry's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. City of Fort Worth Jesica McEachern Assistant City Manager DATE: 04/20/2025 APPROVAL RECOMMENDED: Christopher Harder (Apr 15, 2025 08:55 CDT) Chris Harder, P.E. Director, Water Department Tejas Commercial Construction, LLC Charles D. Allen Vice President DATE: 1 /13/2025 APPROVED AS TO FORM AND LEGALITY: 1 M&C:23-0117 (Auth.) / 25-0206 (Funding) Date: March 11, 2025 Douglas Black (Apr 16, 2025 13:26 CDT) Douglas W. Black Sr. Assistant City Attorney Contract Comoliance Manaeer By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requir ments. David Munoz Project Manager a49FORT�B ATTEST: h I3z�� Jannette S. Goodall City Secretary ooF00000 oop�yaao OVa �=C Plan nEops4tip Third Renewal of Agreement Tejas Commercial Construction, LLC 2022 Water Service Leak Repair Contract OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 2 FoRTWORTH.- i November 8, 2024 Tejas Commercial Construction, LLC P.O. Box 10395 River Oaks, Texas 76114 Mr. Charles Allen: Please be advised that the $750,000 contract amount for the 2022 Water Service Leak Repair Contract between your firm and the City of Fort Worth is nearing maximum fund limits due to impending project estimates. Pursuant to the terms of the contract as specified in the SUMMARY OF WORK / OPTION TO RENEW (01 11 00) the City of Fort Worth Water Department is prepared to exercise their option to renew this contract for the final of three renewals of $750,000 under the same terms, conditions and unit prices. This letter serves as the sixty (60) day notice of impending fund exhaustion for the original contract amount. The City of Fort Worth will require additional Performance, Payment and Maintenance Bonding in the amount of $750,000 in order to expedite the first renewal of the 2022 Water Service Leak Repair Contract. Thank you for your attention to this matter, David Munoz Engineer Project Coordinator City of Fort Worth Water Department Cc: John Robinson, Inspector David R. Johnson, Inspection Supervisor Tony Sholola, Assistant Director Water Capital Delivery Lawrence Hamilton, Water Engineering Supervisor Billy Coffelt, Assistant Water Systems Superintendent file Fort Worth All-Amedca CIty WATER DEPARTMENT 1 I I Ie' THE CITY OF FORT Wof TH * 200 TExAs STREEr * FoRr WoKTH, TExAs 76102 817-392-8240 * Fax 817-392-8195 1964.1993 • 2011 1 r Printed on recycled paper 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 Completion Tejas Commercial Construction, LLC $1,679,950.00 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 Budget Revised Fund Project FY2023 CIP Authority Change FY2023 Name Name Appropriations (Increase/ Budget Decrease) g 56002 - 104552— $0.00 This M&C $900,000.00 $900,000.00 W&S 2022 Capital Water Projects SL Fund Repair Contrac 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 Appropriations Additional Appropriations Project Total* Capital Projects - Fund $0.00 $900,000.00 $900,000.00 56002 Project Total $0.00 $900,000.00 $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 Fund Department Account Project ProgramActivity Budget Reference # /4mount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: J. Chris Underwood (2629) ATTACHMENTS 1. 602022 WATER SL REPAIR CONTRACT— TEJASC 1295.pdf (CFW Internal) 2.602022 WATER SL REPAIR CONTRACT— TEJASC CompMemo.pdf (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 A023(r2).pdf (Public) 6. PBS CPN 104552.pdf (CFW Internal) 7. TEJASC SAM.pdf (CFW Internal) City of Fort Worth, Texas Mayor and Council Communication DATE: 03/11/25 M&C FILE NUMBER: M&C 25-0206 LOG NAME: 602022WATER SL REPAIR CONTRACTR3-TEJASC SUBJECT (ALL) Adopt Appropriation Ordinance in the Amount of $900,000.00 to Fund the Third Renewal of a Contract with Tejas Commercial Construction, LLC, for the 2022 Water Service Leak Repair Contract Project and to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 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 PayGo funds within the Water & Sewer Fund, for the purpose of funding of the 2022 Water Service Leak Repair Contract project (City Project No. 104552) and to effect a portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: On February 14, 2023, Mayor and Council Communication (M&C) 23-0117, the City Council authorized execution of a contract in the amount of $750,000.00, with Tejas Commercial Construction, LLC for the 2022 Water Service Leak Repair Contract project (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. On October 17, 2023, M&C 23-0863, the City Council authorized funding for the first renewal in the contract amount of $750,000.00 and an additional $150,000.00 for project management, land acquisition, material testing and inspection. On February 27, 2024, M&C 24-0171, the City Council authorized funding for the second renewal in the contract amount of $750,000.00 and an additional $150,000.00 for project management, land acquisition, material testing and inspection. The City and the contractor desire to exercise the third renewal of the contract in the amount of $750,000.00 and an additional $150,000.00 for project management, land acquisition, material testing and inspection. 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 to perform 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 2025-2029 Capital Improvement Program, as follows: 602022WATER SL REPAIR CONTRACTR3-TEJASC Capital BudgetRevised Project Fund FY2025 CIP Change Authority Name Appropriations (Increase/ Name Budget B Decrease) Budget 56002 - 104552 W&S — 2022 ter Capital $0.00 This M&C $900,000.00 $900,000.00 SL Projects Repair Fund 2022 I Funding is budgeted in the Transfer to Water/Sewer account of the Water & Sewer Fund for the purpose of funding the 2022 Water Service Leak Repair Contract project within the Water & Sewer Capital Projects Fund. FY2025 — Water PAYGO Appropriations per City Ordinance 27107-09-2024 FY2025 Amended FY2025 PayGo (includes any YTD PayGo FY2025 Original council Approved This M&C Remaining Adopted actions for/Moved to PayGo PayGo subsequent to Capital Projects Balance budget adoption) 1$92,597,771.00 $92,597,771.00 ($35,701,891.00) ($900,000.00) $55,995,880.00 Note: There may be other pending actions or recently approved actions that are not reflected in the table due to timing. Appropriations for the 2022 Water SL Repair Contract project are as depicted below: Fund Existing Additional Project Total* Appropriations Appropriations W&S Capital Project Fund $2,700,000.00 $900,000.00 $3,600,000.00 56002 (Project Total $2,700,000.00 $900,000.00 $3,600,000.00 *Numbers rounded for presentation purposes. This project is located in ALL COUNCIL DISTRICTS. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water & Sewer Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the 2022 Water SL Repair Contract project. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: David Munoz 2629 1 2 4 5 6 7 SECTION 00 6113 PERFORMANCE BOND 0061 13- 1 PERFORMANCE BOND Pagel of 2 Bond Number: 022237438 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 8 That we, Teias Commercial Construction. LLC , known as "Principal" 9 herein and The Ohio Casualtv Insurance Companv , a corporate surety (sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, 13 Seven Hundred — Fifty Thousand & 00/100 Dollars ($ 750,000.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum 15 well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 13 day of January , 20 24, 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; Citv Project No. 104552 — Third Renewal 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 WATER SERVICE LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT— THIRD RENEWAL Revised July 1, 2011 City Project No. 104552 2 3 4 5 6 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 34 35 36 37 38 39 40 41 42 43 44 45 006113-2 PERFORMANCE BOND Page 2 of 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 detennined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 13 day O PRINCIPAL: = ��t� f�0 /= Teas Commercial Coristetion'IGa•�. 40, BY: �� rG ��. �,lzk Signature .�f!rt , j a��C�,,``� ATTEST: (Principal) Secretary &RIA� Witness �tomcipal w_� Witness as to Surety Z1fia-, lti Lam, A/le— " V. t Name and Title Address: PO BOX 10395 River Oaks, TX 76114 SURETY: The Ohio Casualty Insurance Cn1Yipa)a . , BY: Sig re Jordan Pitts, Attorney -In Fact Name and Title - - Address: 9450 Seward Road Fairfield, OH 45014 Telephone Number: 469-661-0314 *Note: If signed 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 FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 WATER SERVICE LEAK REPAIR CONTRACT — THIRD RENEWAL City Project No. 104552 0061 14 - 1 PAYMENT BOND Page I of 2 Bond Number: 022237438 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Teias Commercial Construction, LLC known as "Principal" 9 herein, and The Ohio Casualty Insurance Company , a corporate 10 surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of Seven Hundred — Fifty Thousand & 00/100 Dollars ($750,000.00), lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 15 sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors 16 and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 13 day of January. 20 24 , 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 2022 Water Service Leak Repair Contract; Citv Proiect No. 104552 — Third 22 Renewal 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 detennined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH WATER SERVICE LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT— THIRD RENEWAL Revised July 1, 2011 City Project No. 104552 006114-2 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 13 day of 3 4 5 6 7 8 9 10 11 12 January 120 24 ATTEST: (Principal) Secretary Witness as to Phricipal ATTEST: 01r (Surety) Secretary Witness as to Surety PRINCIPAL: Tejas Commercial Construction, LLC OMA Signature " r� • ` s Name and Title Address: PO BOX 10395 '+,........`cL �`ea�`� River Oaks, TX 76114 `p`Tras�sff,r�assoE'`"�! SURETY: The Ohio Casualtv Insurance Company — BY: Signature Jordan Pitts, Attorney -In -Fact- Name and Title Address: 9450 Seward Road Fairfield, OH 45014 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 WATER SERVICE LEAK REPAIR CONTRACT —THIRD RENEWAL City Project No. 104552 C6 Q) c _ N U O L > N N � 0 OCo do C N L rn Os E N O N � U t>S C o� Z 0 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 mutum. The Ohio Casualty Insurance Company Certificate No: 8207315-992468 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jordan Pitts; Lloyd Ray Pitts, Jr-; William D. Birdsong all of the city of Richardson state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, 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 shall be as binding upon 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 Power of 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 9thday of February , 2022 Liberty Mutual Insurance Company 1NSU "'If INS& a tNsu p The Ohio Casualty Insurance Company \ JP'n0.P0 1< 0 �,JPo°RPO�rgZ �Po pPO �yc+ Company c, o "za, West American Insurance Com an Foci C3 Fo m 'i912 0 0 1919 1991 C _ y0 ZNA MPSa`,da �s �NDIANP' ,da3 r D U By: cc David M. Carey, Assistant Secretary a cc State of PENNS.YLVANIA County of MONTGOMERY ss ' o T On this 9th day of ` February 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance CIS 0) Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes L therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. SP PAgT a 2 QFi iy0NwF Commonwealth of Pennsylvania - Notary seal >_ oc '9<5 y Teresa Pastella, Notary Public Montgomery County te E OF My commission expires March 28.2025 By • O O �v Commission number 1126044 2 r YL4 Member. Pennsylvania Association of Notaries Teresa Pastella, Notary Public Q O �QRy PV�� O This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: t0 M ARTICLE IV — OFFICERS: Section 12. Power of Attorney. o 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the -a President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m m any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall -a C have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Co tv instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the -2 to provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0 n ILLARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President 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 behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy 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 manually affixed. 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 power of attorney of which the for4ing fsi a.ful!, 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 hereunto set in hand a,Idattixed-the' seals if said Companies this day of V %NS �qtl INS& — _ \NSt/R °aeoiy� y�Pr°aPo�rgy . AZ P°°aaoRy q?C+ J 3 o tti Q 3 Fo o `"0 1C. 1919 n_ 1991 C.)0 — t��'y``� a s a e a o ~d'J19SA4CHU5��:o'ay 'yQ F 4'I MPsa`� a '! �NDIANP• a By. Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 0061 19- 1 MAINTENANCE BOND Pagel of 3 Bond Number: 022237438 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Teias Commercial Construction, LLC , known as "Principal" 9 herein and The Ohio Casualty Insurance Company , a corporate surety (sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum 13 of Seven Hundred — Fifty Thousand & 00/100 Dollars ($750,000.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well 15 and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 16 administrators, 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 13 day of January , 20 24 , which Contract is hereby referred to and a made part hereof 20 for 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 2022 Water Service Leak Repair Contract: Citv Proiect No. 104552 — 24 Third Renewal; 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 2O22 WATER SERVICE LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —THIRD RENEWAL Revised July 1, 2011 City Project No. 104552 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0061 19-2 MAINTENANCE BOND Page 2 of 3 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 fled on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 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 2022 WATER SERVICE LEAK REPAIR CONTRACT— THIRD RENEWAL City Project No. 104552 2 3 4 5 6 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 41 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 13 day of January 20 24 . ATTEST: (Principal) Secretary Dal,-) Witness as to Prhicipal ATTEST:- rle� /� (Surety) Secretary Witness as to urety PRINCIPAL: ♦♦O`� es Teias Commercial Conl�ofi;ICi �.` Signature" r •y Name and Title �" 11►nmtt���� Address: PO BOX 10395 River Oaks, TX 76114 SURETY: The Ohio Casualty Insurance C-6m'�dny S ture Jordan Pitts, Attorney -In -Fact �. •��.' Name and Title Address: 9450 Seward Road Fairfield, OH 45014 Telephone Number: 469-661-0314 *Note: If signed 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 hailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2022 WATER SERVICE LEAK REPAIR CONTRACT— THIRD RENEWAL 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 Mutual. The Ohio Casualty Insurance Company Certificate No: 8207315-992468 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a Corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, Constitute and appoint, Jordan Pitts; Lloyd Ray Pitts, Jr.; William D. Birdsong all of the city of Richardson state of TX each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, 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 shal! be as binding upon 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 WITIlESS'WHEIif9F, this'Powv1gf Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto thisQh day of Febrr2022 Liberty Mutual Insurance Company nNSU�L JPVtQPIo SGR9 Pa RNsuggy The Ohio Casualty Insurance Company o Ra, y oo J r4 o y oo Rarer c+ West American Insurance Company ui 1912� 0 o y1919�o s 1991 0 (Do '�+ - _ - KdJ19s`rACH�g�.rib yO NAMPS�.da '�Sf �4'DIANP' rib B r i U 8i1 y: co N David M. Carey, Assistant Secretary m State of PENNSYLVANIA ss E c� N py County of MONTGOMERY o a On this 9th day of February 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance CU 00 � Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes L = therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > a Nco Z IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. a0 c-- a0 pISPoPWSTF Commonwealth of Pennsylvania - Notaryseal LL �+— Qj+•- �� FQIr �! Teresa Pastella, Notary Public /Q',r2� m O u i y Montgomery County O 1= p +�•, CF My commission expires March 28, 2025 By; � C m �c Commission number 1126044 _Q Teresa Pastella, Notary Public }, �fr tiS1'L`1P' 4�G Member, Pennsylvania Association of Notaries Q O rn �aRY PV0 ct (0 i% CIJ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual � C? o •� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: M E a� ARTICLE IV -OFFICERS: Section 12. Power of Attorney. o0 O m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the c 8 President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m = > any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -a v o ;= have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such SOCA ca Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the Q CD provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ti a ARTICLE All - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy 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 manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, I he ¢hio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the`foregoing ii,a-fiull, tfue 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 hereunto set.myyiaridasd-affixed the se�l�,ofsaid Companies this day of P� 1NSv�S o�\aNP*S�R oU�r�4 C,o 0- Lu2 19910 oy�i30By. 4*DIA _ Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02121 TEJACOM01 C AHAMILTON HLCJKLJ CERTIFICATE OF LIABILITY INSURANCE DATE 11127/2024Y) 11 /27/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (CONTACT NAME: INSURICA PHONE FAX 500 West 7th Street, Suite 1800 (A/C, No, Ext): (817) 261-1101 (A/C, No): (817) 261-1120 Fort Worth, TX 76102 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Monroe Guaranty Insurance Company 32506 INSURED INSURER B : FCCI Insurance Company 10178 Tejas Commercial Construction, LLC INSURER C : Continental Casualty Company 20443 2177 Eagles Ridge Dr. INSURER D : Weatherford, TX 76087 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD W D (MMIDD/YYYYI (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE OCCUR CPP 100033279 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY JECT LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO CA100033281 OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB OCCUR EXCESS LIAB �d CLAIMS -MADE UMB100033280 DED I I RETENTION $ A W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE WC0100063027 OFFICER/MEMBER EXCLUDED? �Y N / A (Mandatory in NH) If yes, describe under OJ OF OPERATIONS below Marine nJ'CRIPT C Inand 7095016147 A Inland Marine CPP 100033279 11/8/2024 11/8/2025 11/8/2024 11/8/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ EBL AGGREGATE $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ EACH OCCURRENCE $ 11/8/2024 11/8/2025 AGGREGATE $ X STATUTE I EERH 11/8/2024 11/8/2025 E.L. EACH ACCIDENT $ 11/8/2024 11/8/2025 11 /8/2023 11 /812024 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Limit of Liability Deductible 100,0001 5,0001 1,000,0001 2,000,0001 2,000,0001 1,000,0001 1,000,0001 2,000,0001 2,000,0001 I I 1,000,0001 1,000,0001 1,000,0001 897:331 1000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability has a Blanket Additional Insured, where required by written contract per form #CG2033 12-19; CGL 121 02-21), Primary and Non -Contributory, where required by written contract - Form #CG2001 12-19, Blanket Waiver of Subrogation, where Required by written contract (Policy Form CGL088 02-21) and Blanket 30 Day Notice of Cancellation (Form ##IL 060 07-13 and IL011 01-15). XCU Exclusion does not apply. Automobile Liability has Blanket Additional Insured, where required by written contract per (Form CAU058 10-22) Blanket Waiver of Subrogation, where SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 100 Fort Worth Trail Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE GG14.,) ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TEJACOM01 C LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED INSURICA Tejas Commercial Construction, LLC 2177 Eagles Ridge Dr. POLICY NUMBER Neatherford, TX 76087 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance AHAMILTON Page 1 of 1 Description of Operations/Locations/Vehicles: Required by written contract (Form #CAU058 10-22), Primary and Non -Contributory Additional Insured, where required by written contract (Form #CAU082 01-15) and Blanket 30 Day Notice of Cancellation (Form #IL 060 07-13 and IL011 01-15). Workers' Compensation Includes Blanket Waiver of Subrogation, where required by written contract (Form #WC 42 03 04B) and Blanket 30 Day Notice of Cancellation, where required by written contract (Form #42 06 01) Umbrella is Follow Form Phillip Rojo and Charles Allen are Excluded on Workers' Compensation Carrier A: Continental Casualty Company NAIC#20443 Installation Floater 11/8/2024 to 11/8/2025 - Policy #7095016147 $875,020 Blanket Limit $5,000 Deductible Except; $25,000 Wind/Hail Copy of Forms available upon request — please send your request with copy of certificate to Tamsy.Murray@lnsurica.Com The City of Ft. Worth, it's officers and Employees is recognized as Additional Insured as required by City Ordinance ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Munoz, David M From: Murphy, Donnette J Sent: Tuesday, April 8, 2025 3:22 PM To: Munoz, David M Subject: RE: Insurance Verification: 2022 Water Service Leak Repair Contract Attachments: 104552_Tejas-COI.pdf Hello, this is approved. Donnette Murphy Property & Casualty Manager City of Fort Worth HR/Risk Management 200 Texas Street Fort Worth, Texas 76102 Office: (817) 392-7784A A Cell: (682) 760-6749 Email: donnette.murphvnfortworthtexas.2ov City of Fort Worth d€" Working together to build a strong community FORT WORTH,, Follow Fort Worth From: Munoz, David M <David.Munoz@fortworthtexas.gov> Sent: Monday, April 7, 2025 11:37 AM To: Murphy, Donnette J <Donnette.Murphy@fortworthtexas.gov> Cc: Williams, Tressa <Tressa.Williams@fortworthtexas.gov>; Sauceda, Norma <Norma.Sauceda@fortworthtexas.gov> Subject: Insurance Verification: 2022 Water Service Leak Repair Contract Hello Donnette, Please find attached the Certificate of Insurance Acord for your review and approval. Thanks, David Munoz Engineer Project Coordinator Water Department