HomeMy WebLinkAboutContract 49693-R2 A f
CITY OF FORT WORTH
SECOND RENEWAL OF AGREEMENT
WHEREAS, the City of Fort Worth, ("City"), and William J. Schultz Inc. dba
Circle "C" Construction Company, authorized to do business in Texas, ("Contractor"),
entered into that certain ORIGINAL AGREEMENT (City Secretary #49693, M&C C-
28355)for the PROJECT generally described as: Sewer Main Replacements Contract 2017,
City Project Number 100909;and
WHEREAS, the ORIGINAL AGREEMENT may be renewed up to two times as
provided by M&C C-28355; and
WHEREAS, the City and Contractor renewed the ORIGINAL AGREEMENT
effective April 24, 2018 (CSC No. 49693-R1) with funding provided by M&C C-28632;
and
WHEREAS, the City and Contractor desire to renew the ORIGINAL
AGREEMENT, as amended, for an additional term at the same price; funding for said
SECOND RENEWAL is available in the Water and Sewer Capital Projects Fund, as
appropriated in Ordinance#23694-06-2019(M&C C-29155).
NOW, THEREFORE, it is agreed by the City and Contractor as follows:
Article I
The Scope of Services as set forth in the ORIGINAL AGREEMENT has not
changed.
Article II
The Contractor's compensation shall be in the amount up to $1,000,000.00. The
Term of this renewal agreement shall be for one year,effective as of the effective date or the
expenditure of the funding,whichever occurs first.
Article III
All other provisions of the Original Agreement,as amended,not expressly amended
herein, shall remain in full force and effect.
EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date
subscribed by the City's designated City Manager.
SIGNATURE PAGE TO FOLLOW
OFFICIAL RECORD
Second Renewal of Agreement C I ETARY
Circle C Construction Company v���ae�
City .3- B wK'CsRTH,TX
City of Fort Worth William J. Schultz Inc. dba Circle"C'
Construction Company
'BCi1�A Teri Skelly
tM Assistant City Manager President
DATE: lkz'111 DATE: 7 -2 9 -/9
APPROVAL RECOMMENDED:
C� !`6
Christopher Harder,P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
M&C:_C-29155 (Funding)_
Date: 6/18/2019
1295#-D�M ao 11-Ogg?31
Douglas W. Black
Sr.Assistant City Attorney
ATTEST:
�'�L�j
Mary J. ayser
City Secretary ;''V; r;
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.
Signature
Lawrence Hamilton
Name of Employee
Senior Professional Engineer
Title OFFICIAL RECORD
CITY SECRETARY
Second Renewal of ioAgompey FT.Pa�oNfTH,T%
Circle C Construction Company
Ci Pro ect No.100909
006113-1
PERFORMANCE BOND
Page 1 of 2
1
2 BOND NO.TXC611158
3 SECTION 00 6113
4 PERFORMANCE BOND
5
6 THE STATE OF TEXAS §
7 § KNOW ALL BY THESE PRESENTS:
8 COUNTY OF TARRANT §
9 That we, William I Schultz. Inc., dba Circle C Construction Comgony, known as "Principal"
10 herein and Merchants Bonding Comppny (Mutual), a corporate surety(sureties, if more than one)
11 duty authorized to do business in the State of Texas, known as"Surety" herein (whether one or
12 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
13 pursuant to the laws of Texas, known as"City" herein, in the penal sum of, One Million
14 Dollars ($ 1,000,000.00 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
17 firmly by these presents.
18 WHEREAS, the Principal has entered into a certain written contract with the City
19 awarded the 29th day of August, 2017, which Contract is hereby referred to and made a part
20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and
21 other accessories defined by law, in the prosecution of the Work, including any Change Orders,
22 as provided for In said Contract designated as
23 Znd Renewal®Sewer Main Rey►/acMements Contract 2017
24 C�P�No. 100909
25 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall
26 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully
27 perform the Work, including Change Orders, under the Contract, according to the plans,
28 specifications, and contract documents therein referred to, and as well during any period of
29 extension of the Contract that may be granted on the part of the City, then this obligation shall
30 be and become null and void,otherwise to remain in full force and effect.
CITY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100909
Revised July 1,2011
006113-2
PERFORMANCE BOND
Page 2 of 2
1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
2 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort
3 Worth Division.
4 This bond is made and executed in compliance with the provisions of Chapter 2253 of
5 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6 accordance with the provisions of said statue.
7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this
8 instrument by duly authorized agents and officers on this the 181h day of June 2019.
9 PRINQPAL:
10
11 William J.Schultz,Inc.dba
12
ga
� 'n rTi n--
13
14 BY:�
15 Signature
16 ATTEST:
17
18 Teresa S.Skelly. President
19 (Principal)Secretary, Michele S. Lar►Icfo d Name and Title
20 U
21 Address: P.O. Box 40328
22 500 W.Trammell
23 Fart Worth.TX 76140
24
25 Witness as to Principal
26 SURETY:
27 •n I
28
29 BY:
30 Signature
ZW
31
32 Shend A. Klutts,AttorOeY-in-Fact
33 Name and Title
34
35 Address: 6700 Westown Parkway
36 Wei Des Moines,IA 50266-7754
37
38 Witness as to Su ety,kohn A. Miller Telephone Number: (800)678-8171
39
40
41
42 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
43 from the by-laws showing that this person has authority to sign such obligation. If
44 Surety's physical address is different from its mailing address, both must be provided.
45 The date of the bond shall not be prior to the date the Contract is awarded.
46
CITY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100909
Revised July 1,2011
006114-1
PAYMENT BOND
Page 1 of 2
1 BOND NO.TXC611158
2 SECTION 00 6114
3 PAYMENT BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
8 That we, William 3. Schultz, Inc., dba Circle C Construction Company, known as
9 "Principal' herein, and Merchants Bonding Company (Mutual), a corporate surety (sureties), duly
10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or
11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One
13 Million Dollars ($ 1,000,000.00 ), lawful money of the United States, to be paid in Fort
14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind
15 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 291fi day of August, 2017, 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
22 2nd Renewal—Se>c�+er/slain Re®IaceeneniF Qretract 20 7
23 C&Pro eet No. IW909
24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal
25 shall pay all monies owing to any(and all) payment bond beneficiary(as defined in Chapter 2253
26 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract,
27 then this obligation shall be and become null and void; otherwise to remain in full force and
28 effect.
29 This bond is made and executed in compliance with the provisions of Chapter 2253 of
30 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in
31 accordance with the provisions of said statute,
32
CITY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100909
Revised July 1,2011
00 61 14-2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 18th day of June. 2019.
3
4 PRINCIPAL:
5 William 3.Schultz,Inc.dba
6 Circle O Construction Compm
7
9 Signature �-
10 ATTEST:
11 ' ' A
12 mA.4> 6Ua li�.if'1 Teresa S. Skelly, President
13 (Principal)Secretary,Michele S. kford Name and Title
14
15 Address: P.O. Box 40328
16 500 W.Trammell
17 Fort Worth,TX 76140_
18
19 Witness as to Principal
20 SURETY:
21 Me aI
22
23 BY:
24 '—signatureq
25
26 Sheryl A. Klutts.Attommtin-Fact
27 Name and Title
28
29 Address: 6700 Westown Parkway
30 West Des Moines,IA 50266-7754
31
32 Witness as to Surety,43oA. iller Telephone Number: (800_)678-8171
33
34 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
35 bylaws showing that this person has authority to sign such obligation. If Surety's physical
36 address is different from its mailing address, both must be provided.
37
38 The date of the bond shall not be prior to the date the Contract is awarded.
39 END OF SECTION
40
CITY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100909
Revised July 1,2011
006119-1
MAINTENANCE BOND
Page 1 of 3
1
2 BOND NO.TXC611158
3 SECTION 00 6119
4 MAINTENANCE BOND
5
6 THE STATE OF TEXAS §
7 § KNOW ALL BY THESE PRESENTS:
8 COUNTY OF TARRANT §
9
10 That we, William J. Schultz, Inc., dba Circle C Construction Corrigany, known as"Principal"
i I herein and Merchants Bonding Compgny(Mutual), a corporate surety(sureties, if more than one)
12 duly authorized to do business in the State of Texas, known as"Sunny" herein (whether one or
13 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
14 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million
15 Dollars ($ 1000`000.00 ), lawful money of the United States, to be paid in Fort Worth,
16 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its
17 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,
18 jointly and severally, firmly by these presents.
19
20 WHEREAS, the Principal has entered into a certain written contract with the City awarded
21 the 29th day of August. 2017, which Contract is hereby referred to and a made part hereof for all
22 purposes as if fully set forth herein, to furnish all materials, equipment labor and other
23 accessories as defined by law, in the prosecution of the Work, including any Work resulting from
24 a duly authorized Change Order (collectively herein, the"Work'D as provided for in said contract
25 and designated as
26
27 Znd Renewal®Sewer Main EggkOMM C01?La_t ZO17
28 C&BM ec't N0. 100,90
29
30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
31 accordance with the plans, specifications and Contract Documents that the Work is and will
32 remain free from defects in materials or workmanship for and during the period of two (2)
33 years after the date of Final Acceptance of the Work by the City("Maintenance Period'J; and
34
CITY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100909
Revised July 1,2011
00 61 19-2
MAINTENANCE BOND
Page 2 of 3
1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon
2 receiving notice from the City of the need therefor at any time within the Maintenance Period.
3
4 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy
5 any defective Work, for which timely notice was provided by City, to a completion satisfactory to
6 the City, then this obligation shall become null and void; otherwise to remain in full force and
7 effect.
8
9 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
10 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
11 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal
12 and the Surety under this Maintenance bond; and
13
14 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall Ile in
15 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
16 Worth Division; and
17
18 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive
19 recoveries may be had hereon for successive breaches.
20
21
22
CITY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100909
Revised July 1,2011
006119-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 18th day of June. 2019.
3
4 PRINCIPAL:
5 William 1. Schultz,Inc.dba
6 Qrcle C Construction Companv
7
8 BY: —�ti,�t
9 Signature
10 ATTEST:
11 '
12 Teresa S. Skelly, President
13 (Principal)Secretary,Michele S. rd Name and Title
14 LT
15 Address: P. O. Box 40328
16 500 W.Trammell
17 Fort Worth,TX_ 76140
18
19 Witness as to Principal
20 SURETY:
21 Mercha moanvuaI)____
22
23 BY:
24 ignatu
25
26 Sheryl A. Klutts,Attomey-in-Fact _
27 Name and Tide
28
29 Address: 6700 Westown Parkway
30 ^ West Des Moines,IA 50266-7754
31
32 ness as to Sure , hn A. Miller Telephone Number: (M 678-8171
33
34
35
36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
37 from the by-laws showing that this person has authority to sign such obligation. If
38 Surety's physical address is different from its mailing address, both must be provided.
39 The date of the bond shall not be prior to the date the Contract Is awarded.
C1TY OF FORT WORTH MSR2017
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100909
Revised July 1,2011
MERCHANT
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
John A Miller;John R Stockton;Sheryl A Klutts
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments 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.
This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017
•• SPQR' eG••• :°to -�P0,#*- • MERCHANTS BONDING COMPANY(MUTUAL)
;may.GO 4j,. ,$ • 0:�0 q�.y�• MERCHANTS NATIONAL BONDING,INC.
ZE sit
-0- �': •
v` 2003 y 1933 �'c: Byc
•''a�ljr''" '':��`••° ••°6`�!b' `�.�•, President
STATE OFIOWA ••••'""""'��••• •°•°°"°°°
COUNTY OF DALLAS ss.
On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known,who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
A�' AU A K.GRAM
o Commission Nunber767430
My Commission Expiresak3.-,4�. v
J P • April 1,2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 18th day of June 2019 .
�G ° �. A Q
y pttpO/p,9• A; .��:pRPQR9•,9y° ,
2003 ;���: y' 1933 :e• secretary
POA 0018 (3/17) """"" ••°••°°
MERCHANT�S�
BONDING COMPANY,
MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC.
P.O. BOX 14498 , DES MOINES, IOWA 50306-3498 (800)678-8171 (515)243-3854 FAX
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc.
P.O. Box 14498
Des Moines, Iowa 50306-3498
(515) 243-8171
(800) 678-8171
Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266
SUP 0073 TX(2/15)
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRIr—
TWORTH
COUNCIL ACTION: Approved on 6/18/2019 -Ordinance No. 23694-06-2019
REFERENCE ** 60SSMRC2017R2-
DATE: 6/18/2019 NO.: C-29155 LOG NAME: CIRCLEC
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Appropriation Ordinance in the Amount of$1,300,000.00 to Fund the Second
Renewal of City Secretary Contract No. 49693 with William J. Schultz Inc. d/b/a Circle C
Construction Company in the Amount of$1,000,000.00 for Sewer Main Replacements
Contract 2017, at Various Locations Throughout the City and Provide for Additional
Project Costs (ALL COUNCIL DISTRICTS)
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
$1,300,000.00 from available funds for Sewer Main Replacements Contract 2017. (City Project No.
100909)
DISCUSSION:
On August 29, 2017, Mayor and Council Communication (M&C C-28355) the City Council authorized
the City Manager to execute a contract in the amount of$1,000,000.00, with the option of two
renewals, with William J. Schultz, Inc. d/b/a Circle C Construction Company for Sewer Main
Replacements Contract 2017. The first renewal in the amount of$1,000,000.00 was authorized on
March 20, 2018 (M&C C-28632).
The City and the Contractor desire to exercise the second renewal of the contract in the amount of
$1,000,000.00 and with the same terms and conditions.
The work to be performed under this contract consists of extending, replacing and/or relocating sewer
mains, services, and other pertinent construction required to provide sewer service to individual
customers or developers.
In addition to the contract amount $300,000.00 is required for project management, real property
acquisitions, survey, contingencies, material testing and inspection.
This project will have no impact on the Water Department's operating budget when completed.
Construction is expected to start July 2019 and be completed by July 2020 or when the contract
amount is exhausted.
M/WBE OFFICE - William J. Schultz, Inc. d/b/a Circle C Construction Company is in compliance with
the City's BDE Ordinance by documenting good faith effort on the second renewal. The City's goal on
this project is seven percent.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27081&councildate=6/18/2019 8/16/2019
M&C Review Page 2 of 2
appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water Operating
Fund budget includes appropriations of$35,856,873.00 for the purpose of providing Pay-As-You-Go
funding for sewer capital projects. After this transfer for Fiscal Year 2019, the balance will be
$21,455,177.00.
Appropriations for the second renewal of the Sewer Main Replacements Contract 2017 project by
Fund will consist of the following:
Existing Additional
FUND Appropriations Appropriations Project Total
W&S Captial
Projects - Fund $2,510,000.00 $1,300,000.00 $3,810,000.00
56002
Project Total $2,510,000.00 $1,300,000.00 11 $3,810,00.00
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
FROM
Fund DepartmentT Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Adolfo Lopez (7289)
ATTACHMENTS
60SSMRC2017R2-CIRCLEC 56002 A019r.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27081&councildate=6/18/2019 8/16/2019