HomeMy WebLinkAboutContract 53039-R1 CSC No. 53039-Rl
CITY OF FORT WORTH
RENEWAL OF AGREEMENT
WHEREAS, this First Renewal of Agreement is between the City of Fort Worth,
("CITY"), and William J. Schultz Inc., dba Circle C Construction Company
("CONTRACTOR"); and
WHEREAS, CITY and CONTRACTOR desire to renew the Original Agreement
(City Secretary#53039;M&C 19-0158); and
WHEREAS, M&C 19-0158 (September 17, 2019) authorized up to two renewals of
the Original Agreement ("Renewal")for the Project generally described as:
WATER MAIN EXTENSIONS, REPLACEMENTS, & RELOCATIONS
CONTRACT 2019; and
WHEREAS,funding for this Renewal is available as appropriated by M&C 22-0179.
NOW, THEREFORE, it is agreed by the CITY and CONTRACTOR as follows:
Article I
The Original Agreement,as amended,is hereby renewed for another term as described
therein.
Article II
The CONTRACTOR's compensation for this Renewal shall remain $2,000,000.00,
as specified in the Original Agreement.
Article III
All other provisions of the Original Agreement,as amended,shall remain in full force
and effect.
OFFICIAL RECORD
First Renewal of Agreement WATER MAIN EXTENSIONS,REPLACEMENTS&RI CITY SECRETARY
Circle C Construction Company City Seer
City Project No. 102195 FT.WORTH, TX
EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant
City Manager.
APPROVED:
City of Fort Worth William J. Schultz Inc., dba Circle C
Construction Company
9ana BUYGLdO C
Dana Burghd off(Aug 12,202211:00077)
Dana Burghdoff Teresa Skelly
Assistant City Manager President
Aug 12, 2022 �
DATE: DATE: 57 ` 2-
APPROVAL RECOMMENDED:
C6rvirto�l�ev h`avclev
ChnstapherH rder(Aug 9,20220]:34 CDT)
Chris Harder,P.E.
Director,Water Department
APPROVED AS TO FORM AND LEGALITY: M&C: 19-0158
Date: 9/17/19
Form 1295: 2022-844717
DBlack(Aug 11,2022 12:49 CDT)
Douglas W.Black
Senior Assistant City Attorney a� FORT ��
� o°°0000°o
F/�°° o°����
ATTEST: P"o 0.A d
,7GI11l18tt8,�6,yye 0, o o:'
x S.oodu(,�iz,mz CDT) 0 ° °0
O °0 9
Jannette S. Goodall �d'� ° ,L7
°000000°° a
City Secretary ����EXpSoaQ
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
req 'rements.
LPVrence Hamilto ,P.E.
Project Manager
OFFICIAL RECORD
First Renewal of Agreement WATER MAIN EXTENSIONS,REPLACEMENTS&RE CITY SECRETARY
Circle C Construction Company City Secre
City Project No. 102195 FT.WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, March 8, 2022 REFERENCE NO.: **M&C 22-0179
LOG NAME: 60WMERRCON2019Rl-CIRCLEC
SUBJECT:
(ALL)Adopt Appropriation Ordinance in the Amount of$2,500,000.00 to Fund the First Renewal with
William J. Schultz, Inc., dba Circle C Construction Company, for Water Main Extensions, Replacements
and Relocations Contract 2019 for Various Locations Throughout the City to Effect a Portion of Water's
Contribution to the Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated
receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of
$2,500,000,00, transferred from available funds in the Water and Sewer Fund, for the purpose of funding
the Water Main Extensions, Replacements and Relocations Contract 2019 project (City Project No.
102195) and to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital
Improvement Program.
DISCUSSION:
On September 17, 2019, Mayor and Council Communication (M&C 19-0158), the City Council authorized
the execution of a contract in the amount of$2,000,000.00, for the Water Main Extensions, Replacements
and Relocations Contract 2019 (City Secretary Contract No. 53039) and provided for the option of two
renewals.
The City and the contractor desire to exercise the first renewal of the contract in the amount of
$2,000,000.00.
The work to be performed under this contract consists of extending, replacing and/or relocating water
mains, service lines, and other pertinent construction required to upgrade existing water infrastructure or
as required to provide water service to individual customers or developers.While funding for this project
comes from the Water and Sewer Capital Projects Fund, the Water Department issues work orders to the
contractor after payment of applicable estimated costs by the customer and/or developer.
In addition to the contract amount, $500,000.00 is required for project management, material testing,
inspection, and real property acquisition.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year as projects
commence, additional funding needs are identified, and to comply with bond covenants. The actions in
the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years
2022-2026 Capital Improvement Program, as follows:
60WMERRCON2019R1-CIRCLEC
I ........__._... — —.—..._._—...— ...........--
Capital Budget Revised
Fund Project FY2022 CIP Authority Change FY2022
Name Name Appropriations Decrease)
Budget
56002- 102195-
W&S Misc. Water
Capital Main $ This M&C $2,500,000.00 $2,500,000,00
Projects Contract
— Fund 2019-�-- - --I __----�
Funding is budgeted in the Transfer to Water account of the Water operating budget for the purpose of
funding the Misc. Water Main Contract 2019 project within the Water& Sewer Capital Projects Fund.
This project will have no impact on the Water Department's operating budget when completed.
i
Appropriations for the Water Main Extensions, Replacements and Relocations Contract 2019 for various
locations throughout the city are depicted below:
Fund
-------...._...---
Existing Additional Appropriations Pr_oject Total*
Appropriations W & S Capital
Projects - Fund $2,500,000,00 $2,500,000.00 $5,000,000.00
56002
,Project Total [$2,500,000.00 $2,50U,000.00 $5,000,000.00
*Numbers rounded for presentation.
Business Equity—William J. Schultz, Inc„ dba Circle C Construction Company is in compliance with the
City's Business Equity Ordinance by committing to five percent Business Equity participation on this
project. The City's Business Equity goal on this project is 10 percent.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water& Sewer Fund and upon
approval of the above recommendation and adoption of the attached appropriation ordinance, funds will
be available in the in the W&S Capital Projects Fund for the Misc. Water Main Contract 2019 project.
Prior to any expenditure being incurred, the Water Department has the responsibility to validate the
availability of funds,
FUND IDENTIFIERS (FIDs);
TO
Fund Department ccount Project'Program. ctivity Budget Reference # mount
�_- ID_..._..._..� --1 ID� � Year---.--,--SChartfield 2) �____..
FROM
Fund Department ccount Project Program ctivity Budget Reference# mount
ID �IDTT � Year Chartfield 2
_ _ _ t : '..__._.. _l
CERTIFICATIONS:
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Adolfo Lopez (7829)
ATTACHMENTS
1.60WMERRCON2019R1-CIRCLEC 1295,pdf (CFw Internal)
2.6QWMERRCON2019R1-CIRCLEC Compliance Memo.pdf (CFW Internal)
3,6OWMERRCON2019R1-CIRCLEC PBS CPN 102195.pdf (CFW Internal)
4.60WMERRCON2019R1-CIRCLEC SAM,pdf (CFW Internal)
5.60WMERRCON2019R1-CIRCLEC,docx (CM Internal)
6.60WMERRCON2019R1-CIRCLEC,xlsx (CFW Internal)
7.60WMERRCON2019R1-CIRCLEC 56002 A022.docx (Public)
I
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i
0061 13- 1
PERFORMANCE BOND
Page I of 2
1 BOND NO. TXC615577
2 SECTION 00 6113
3 PERFORMANCE BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
8 That we, William J. Schultz, Inc. dba Circle Construction Company, known as "Principal"
9 herein and Merchants Bonding Company (Mutual), 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 or
11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Two Million Dollars
13 ($2,000,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County,
14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
16 WHEREAS, the Principal has entered into a certain written contract with the City
17 awarded the 8th day of March, 2022, which Contract is hereby referred to and made a part hereof
18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as
20 provided for in said Contract designated as
21 FIRST RENEWAL - WATER MAIN EXTENSIONS, REPLACEMENTS & RELOCATIONS
22 CONTRACT 2019,CPN 102195
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 MWERR2019,1st Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102195
Revised July I,2011
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the day of MAR 0 8 2022
6 PRINCIPAL:
7 William J. Schultz, Inc. dba
8 Circle C Construction Company
9 /
10 BY: . cs'c sfs
11 Signature
12 ATTEST:
13
14 U u t)iA Teresa S. Skelly, President
15 (Principal)Secretary, Michele S. I kford Name and Title
16
17 Address: P. O. Box 40328
18 500 W. Trammell
19 Fort Worth, TX 76140
20
21 Witness as to Principal
22 SURETY:
23
24 Merchant JQ11dinc Com an (Mutual)
25
26 BY:
27 Signature
28
29 Sheryl A. Klutts,Attorney-in-Fact
30 Name and Title
31
32 Address: 6700 Westown Parkway
33 West Des Moines, IA 50266-7754
34 �t.
35
36 Witness as to Surety, John A. M er Telephone Number: (800)678-8171
37
38
39
40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract
41 from the by-laws showing that this person has authority to sign such obligation. If
42 Surety's physical address is different from its mailing address, both must be provided.
43 The date of the bond shall not be prior to the date the Contract is awarded.
44
CITY OF FORT WORTH MWERR2019,Ist Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102195
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-Attorney 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 Attorneys-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
Attorney-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 Attorney-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 11th day of February 2020
•• \0 CoMERCHANTM•.
o , '
PORgy: �4� RPOgg9y�� MERCHANTS NATIONAL BONDING BONDING COMPANY, INC.
2003 :d' 1933 a'C: By
.;� '•yid ��• Ql`
•,•�1/ 'J��. .•ly �•• President
STATE OF IOWA •'""""'`` •'•••'
COUNTY OF DALLAS ss.
On this 11th day of February 2020 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.
POLLY MASON
z° •o o o Commission Number 750576 � j�
My Commission Expires ov(�
�oWP January 07, 2023
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
1,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 day of
pRPoR'6'o% RP09 'A9••
' 2003 �; y' 1933 Q:c• Secretary
�� N.
POA 0018 (1/20) '••.," "`.••' '••.••..
0061 14- 1
PAYMENTBOND
Page I of 2
1 BOND NO. TXC615577
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 J. 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 more),
11 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant
12 to the laws of the State of Texas, known as "City" herein, in the penal sum of Two Million
13 Dollars ($2,000,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant
14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our
15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
16 presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 8°i day of March, 2022, 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 FIRST RENEWAL - WATER MAIN EXTENSIONS, REPLACEMENTS & RELOCATIONS
23 CONTRACT 2019, CPN 102195
24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
28 force and effect.
29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
30 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 MWERR2019,Ist Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102195
Revised July I,2011
0061 14-2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the day of
3
PRINCIPAL:
William J. Schultz, Inc. dba
Circle C Construction Company
ATTEST: BY: a -f�
Signature
l Teresa S. Skelly, President
(Principal) Secretary, Michele . Lankford Name and Title
Address: P. O. Box 40328
500 W. Trammell
Fort Worth, TX 76140
Witness as to Principal
SURETY:
Merchants n i Company Mutual
ATTEST: BY:
Signature
Sheryl A. Klutts, Attorney-in-Fact
(Surety) SecgetAW6 Name and Title
/ Address: 6700 Westown Parkway
West Des Moines, IA 50266-8171
Witness as to Surety, John A. filler
Telephone Number: (800) 678-8171
4
5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
6 bylaws showing that this person has authority to sign such obligation. If Surety's physical
7 address is different from its mailing address, both must be provided.
8
9 The date of the bond shall not be prior to the date the Contract is awarded.
10 END OF SECTION
11
CITY OF FORT WORTH MWERR2019, Ist Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102195
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-Attorney 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 Attorneys-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
Attorney-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 Attorney-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 11th day of February 2020
•,.••P�10Nq�••.,� ,•'LNG Cp••.
• '�•• MERCHANTS BONDING COMPANY(MUTUAL)
�•''RP•oR''•�o° • o 'RPo 9 .
q>�.2; �•�'V� 9'��•yz'. MERCHANT NATIONAL BONDING,INC.
2003 :�;• :y 1933 b c' By
'.,•J� •... rJ,.•� �Y'' ; ' \1,• President
STATE OF IOWA ••��"' "`�••• ••••'
COUNTY OF DALLAS ss.
On this 11th day of February 2020 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.
�PRtA�s POLLY MASON
z ,o a, Commission Number 750576 l/VLq�p
My Commission Expires FA�
�oWP January 07, 2023 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 day of
P�10N4� •.,o ••��1N 'GO,y�.o•.
�.D�Popq.6'0;
?2:2 —0— �,G: :ti: —0— "': ; r�E -aC'�.a�►t.� !«
a
s ' 2003 ; �; •y' 1933 c• Secretary
`r:'
:��•• •••��,:' •, mow•• .•t��,•
POA 0018 (1/20)
0061 19- 1
MAINTENANCE BOND
Page I of 3
I BOND NO. TXC615577
2 SECTION 00 6119
3 MAINTENANCE BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
8
9 That we, William J. Schultz. Inc. dba Circle C Construction Company, known as
10 "Principal" herein and Merchants Bonding Company (Mutual), a corporate surety (sureties, if
11 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein
12 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
13 corporation created pursuant to the laws of the State of Texas, known as "City' herein, in the sum
14 of Two Million Dollars ($2,000,000.00), lawful money of the United States, to be paid in Fort
15 Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City
16 and its successors, we bind ourselves,our heirs, executors, administrators, successors and assigns,
17 jointly and severally,firmly by these presents.
18
19 WHEREAS,the Principal has entered into a certain written contract with the City awarded
20 the 8th day of March, 2022, which Contract is hereby referred to and a made part hereof for all
21 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories
22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly
23 authorized Change Order (collectively herein, the "Work") as provided for in said contract and
24 designated as
25
26 FIRST RENEWAL - WATER MAIN EXTENSIONS, REPLACEMENTS & RELOCATIONS
27 CONTRACT 2019, CPN 102195; and
28
29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
30 accordance with the plans, specifications and Contract Documents that the Work is and will
31 remain free from defects in materials or workmanship for and during the period of two (2) years
32 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
33
CITY OF FORT WORTH MWERR2019, Ist Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No. 102195
Revised July I,2011
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from the City of the need therefor at any time within the Maintenance
3 Period.
4
5 NOW THEREFORE, the condition of this obligation is such that if Principal shall
6 remedy any defective Work, for which timely notice was provided by City, to a completion
7 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
8 full force and effect.
9
10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
I 1 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
13 the Surety under this Maintenance bond; and
14
15 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
17 Worth Division; and
18
19 PROVIDED FURTHER, that this obligation shall be continuous in nature and
20 successive recoveries may be had hereon for successive breaches.
21
22
23
CITY OF FORT WORTH MWERR2019, Ist Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No. 102195
Revised July I,2011
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the_day of_ 20_. MAR 0 8 2022
3
4 PRINCIPAL:
5 William J. Schultz, Inc. dba
6 Circle C Construction Company
7 �
8 BY: Cf
9 Signature
10 ATTEST:
11
12 Teresa S. Skelly, President
13 (Principal)Secretary, MicheleJS. ankford 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
22 Merchants So nq Company Mutual
23
24 BY:
25 ignature
26
27 Sheryl A. Klutts Attorney-in-Fact
28 ATTEST: Name and Title
29
30 Address: 6700 Westown Parkway
31 (Sur y)Secretary West Des Moines, IA 50266-8171
32
33
Pg
34 Witness as to Surety, John A. er Telephone Number: (800)678-8171
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.
40
CITY OF FORT WORTH MWERR2019,1st Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No.102195
Revised July 1,2011
MERCHANT
BONDING COMPANY,v
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-Attorney 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 Attorneys-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
Attorney-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 Attorney-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 11th day of February 2020
`•�1�,•oRPORq�o°. O?''RPO ' 'Oq'. MERCHANTS BONDING COMPANY(MUTUAL)
•h:'V �''•2�� • �:y0 94�yt; MERCHANT NATIONAL BONDING, INC.
j 2003 _ 1933 By
N.
•• �' 1�b . d�%�
President
STATE OF IOWA •...... ''� •'•'
COUNTY OF DALLAS ss.
On this 11th day of February 2020 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.
APRIA(s POLLY MASON
z ,o a, P Commission Number 750576 �My Commission Expires POVlbWN January 07, 2023 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 day of
.•' . . ... q< .•#p\taG•C�6j '.
co
2003 v'�; 1933 c;c• Secretary
POA 0018 (1/20) •�•�• ••
MERCHANTl�
BONDING COMPANY,,,,
MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL. BONDING, INC:.
P.O. BOX 14498 • DES MOINES. IOWA 50306-3498 • (800)678-8171 • (5I5) 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)