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HomeMy WebLinkAboutContract 56896-R1 56896-R1 CITY OF FORT WORTH 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#56896, M&C 21-0867) for the PROJECT generally described as: 2021 Water Main Leak Repair Contract; and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to three times as provided by M&C 21-0867; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term in the amount of $750,000.00, said funds for this renewal are available in the 2022 operating budget of the Water and Sewer Capital Projects Fund, as appropriated in by M&C 22-0354 (May 10, 2022) Ordinance#25502-05-2022. 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. EXECUTED by each parry's duly authorized representative and EFFECTIVE as of the date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Renewal of Agreement Page I of 2 William J.Schultz,Inc.dba Circle C Construction Company 2021 Water Lead Services Replacement Contract subscribed by the City's designated Assistant City Manager. City of Fort Worth William J. Schultz, Inc. dba Circle C Construction Company baira.l4crrolrca{F Gana fiur�WOM g36,10 1@l i ass Dana Burghdoff Teresa S. Skelly Assistant City Manager President Aug 26,2022 DATE: DATE: g•ZZ - 22 I APPROVAL RECOMMENDED: CM1risbpM1er HaNRlau6M A]101A1CGT1 �� Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY: M&C: 21-0867 (auth); 22-0589 (Funding Date: Nov. 9, 2021; Aug. 9, 2022 D%i wag4g2%3pR1431GGnssa,cnn Douglas W. Black Sr. Assistant City Attorney Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract including ensuring all performance and reporting g requirements. J. Chris Underwood Project Manager �bo� F°°Rr aa 0 ATTEST: poo o=d B oo 000000000 &tta SGoodalllaa636,3m33 cGn tt rEXAsoa ��bOd44�' OFFICIAL RECORD Jannette S. Goodall City Secretary CITY SECRETARY FT. WORTH, TX First Renewal of Agreement Page 2 of 2 William J.Schultz,Inc.dba Circle C Construction Company 2021 Water Lead Services Replacement Contract City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 9, 2022 REFERENCE NO.: **M&C 22-0589 LOG NAME: 6021WMLEAKR1-CIRCLEC SUBJECT: (ALL)Adopt Appropriation Ordinance in the Amount of$900,000.00 to Fund the First Renewal of a Contract with William J. Schultz, Inc. d/b/a Circle C Construction Company for the 2021 Water Main Leak Repair Contract and 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$900,000.00, transferred from available funds within the Water& Sewer Fund, for the purpose of funding of the 2021 Water Main Leak Repair Contract (City Project No. 103327) and to effect a portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: On November 9, 2021, Mayor and Council Communication (M&C 21-0867)the City Council authorized the execution of a contract in the amount of$750,000.00, with William J. Schultz, Inc. d/b/a Circle C Construction Company for the 2021 Water Main Leak Repair Contract(City Secretary Contract No. 56896) and provided for the option of three renewals. The City and the Contractor desire to exercise the first renewal of the contract in the amount of $750,000.00 with the same terms and conditions. The work to be performed under this contract consists of repairing water mains as leaks in the system are found. This contract is necessary to maintain quality water service by augmenting Water Field Operations' efforts in repairing water main leaks within the water system in a timely manner. In addition to the contract renewal amount, $150,000.00 is required for project management, material testing and inspection. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal years 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: 6021 WMLEAKRI-CIRCLEC Capital Revised Fund Project FY2022 CIP Authority Budget Change FY2022 Name Name Appropriations (Increase/Decrease) g Bud et 56002 — 103327 W&S — Water Capital Main $0.00 M&C 21- $900,000.00 $900,000.00 Projects Leak 0987 Fund J Repair Cntrct 77 This M&C $900,000.00 $1,800,000.00 Funding is budgeted in the Transfer to Water/Sewer account of the Water operating budget for the purpose of funding the W&S Capital Projects for 2021 Water Main Leak Repair Contract project within the Water& Sewer Capital Projects Fund. This project will have no impact on the Water Department's operating budget when completed. Appropriations for the 2021 Water Main Leak Reparir Contrac project are as depicted below: FUND Existing Additional Appropriations Project Total* Appropriations Water Capital Fund $900,000.00 $900,000.00 $1,800,000.00 56002 Project Total $900,000.00 $900,000.00 $1,800,000.00 1:7 *Numbers rounded for presentation purposes. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water& Sewer Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the W&S Capital Projects Fund for the Water Main Leak Repair Cntrct 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 ID Year (Chartfield 2) FROM Fund Department ccount Project Program ctivity Budget Reference # mount 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 1.6021WMLEAKR1-CIRCLEC funds availabilitypdf (CFW Internal) 2. 6021WMLEAKR1-CIRCLEC SAM.pdf (CFW Internal) 3. 6021WMLEAKR1-CIRCLEC 56002 A022.docx (Public) 4. 6021WMLEAKR1-CIRCLEC Updated FID Table.xlsx (CFW Internal) 5. PBS CPN 103327.pdf (CFW Internal) CD to (Tivl to U, cn to v to to to cn to to to cn cn to trl m m m m m m m m m m m m m m m m m a) m m O p C. 0 0 0 0 o 0 O p o 0 0 0 0 0 0 o p p 0 0 0 O O 0 o 0 0 0 0 0 0 N N N N N N N N N N N N N N N N n 0 O o 0 0 0 p o 0 0 0 0 p 0 0 0 p 0 o r m m m m m m m m m m m m m m m h p O o Cl O o 0 0 0 p O 0 0 0 p o 0 0 o n O O O O O O O O 0 O o 0 0 0 0 0 LD 0 0 71 A A A .p .p .A .p A A .p A � .p A .p .p O A .A W W W W W W W W W W W W W W W W N W W O O O o 0 0 0 0 0 0 0 0 0 p 0 O O O 0 a' fD Ul Vl l!l Vl Vl Ul Vl w In Vl In w Vl In A F, W W V w Vl W 1-1 W W "IW W F-� w l�D lD W F-� W F-, V In A W F- W F, F-* W I-'- F-� Vl Lri In Vl o O cm) o 0 0 00 0 p O 0 o p m m m m N In W O F-� F-� Vl F� In W O Vl W F-� O o O O O L, 0 0 0 08 Vl F' CD In O O p p p F-� O p p N F, O N 0 0 00 p F-� F+ CD CD N O O CD CD O O O O O 0 o O O O O O O W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N N N N N N N N N N N NJN N N N N N J V V Ili V J V V V J V V V V J V V V O O O O O O O O O O O O p O O O o O O o o O O O 0 o O O O O p J V V V J V V V J V V V V V J V 00 00 00 00 00 00 00 CA W W W W W (n .A A O CD CD0 0 O CD0 O O O O p lD w lD lD lD lD lD lD lD lD lD lD l0 lD wwN N lD w lD lD W w W lD lD w w lD w w w w 0 O w w lD W W lD W LD LD lD W W W W W lD N N N i/)- N l0 lD lD w kn F-' VR V F' i/> i/T J O O O O O O N N 0O O 1-' in• iA 0 0 Vl O O �' 0 0 In In In O w 0 0 O O O p O O O O �' F-* O p 0 0 0 0 0 0 p O O O O O O o O o o O O O p p O o O O O p p p O O O o 0 0 0 0 0 0 0 0 O p p p O O O O O O O O O O O O O O O O O O p O O 3 u 0 O 0061 13- 1 PERFORMANCE BOND Page I of 2 1 BOND NO. TXC615580 2 SECTION 00 6113 3 PERFORMANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 i 9 That we,William J. Schultz,Inc. dba Circle C Construction Company,known as i 10 "Principal" herein and Merchants Bonding Company(Mutual),a corporate surety(sureties, if I I 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 Texas,known as "City"herein, in the penal sum of, 14 Seven Hundred Fifty Thousand & 00/100 Dollars($ 750,000.00), lawful money of the United 15 States, to be paid in Fort Worth,Tarrant County, Texas for the payment of which sum well and 16 truly to be made, we bind ourselves, our heirs, executors,administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the 9"'day of August,2022, which Contract is hereby referred to and made a part hereof 20 for all purposes as if fully set forth herein,to furnish all materials, equipment labor and other 21 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 22 provided for in said Contract designated as 2021 Water Main Leak Repair Contract; City 23 Project No. 103327—First Renewal 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. !' CITY OF FORT WORTH 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July 1,2011 City Project No. 103327 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 15"'day of August,2022. 6 PRINCIPAL: 7 William J. Schultz,Inc. dba 8 Circle C Construction Company 9 / 10 BY: I I Signature 12 ATTEST: 13 14 Teresa S. Skelly, President 15 (Principal)Secretary Michel . Lankford Name and Title 16 17 Address: P. O.Box 40328 18 Fort Worth,TX 76140 19 20 21 Witness as to Principal 22 SURETY: 23 24 Merchants IR ing Company 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 44•35 36 Witness as to Surety John A. iller 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 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July 1,2011 City Project No. 103327 MERCHANT� BONDING COM PANYr,. 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•''���10 N'.,,•• !q .'O�p�R,4'�O': r`g�`? oRPa9''A9•� MERCHANTS BONDING COMPANY(MUTUAL) 4J•?4. MERCHANT NATIONAL BONDING,INC. '�2003 :�� :a'r 1933 � ; By '•.•�1/ '' rJ?` `••jY ' ;" `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. APRIA(� POLLY MASON O Commission Number 750576q�Q�� a °°° My Commission Expires �. / January07, 2023 OWP 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 15th day of August,2022. o'�P��UNq< .• OpNG �. •. CO 2003 1933 Secretary .sa. :may: POA 0018 (1/20) .••...•• 0061 14- 1 PAYMENT BOND Page I of 2 1 BOND NO.TXC615580 2 SECTION 00 6114 3 PAYMENT 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), 11 duly 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 the State of Texas, known as "City" herein, in the penal sum of Seven 14 Hundred Fifty Thousand & 00/100 Dollars ($750,000.00), lawful money of the United States, 15 to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 16 made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and 17 severally, firmly by these presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 9t' day of August, 2022, which Contract is hereby referred to and made a part hereof for all 20 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 as provided for in said Contract and 22 designated as 2021 Water Main Leak Repair Contract; City Proiect No. 103327 — First 23 Renewal 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 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July I,2011 City Project No. 103327 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 15th day of August, 2022. 3 PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company ATTEST: BY: �S Signature Teresa S. Skelly,President (Principal)Secretary Mich S. Lankford Name and Title Address: P. O. Box 40328 Fort Worth,TX 76140 Witness as to Principal SURETY: Merchants 3(Miniz Com an (Mutual ATTEST: BY: Signature Sheryl A. Klutts,Attorney-in-Fact (Surety) Secretar Name and Title Address: 6700 Westown Parkway West Des Moines,IA 50266-7754 Witness as to Surety John A. Miffler 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 Il CITY OF FORT WORTH 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July I,2011 City Project No. 103327 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." i 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 s 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 oON4 NG C PO <e :•�'�`' ��'�•• MERCHANTS BONDING COMPANY MUTUAL �:G �� •'y: �;VD 9�.?�; MERCHANT NATIONAL BONDING,INC. 2:2 _a_ c^:p� .ty:Z -o- 0: ; v 2003 1 :�' 1933 � C; By •,��.�' •......••:�',.•` '.�� ;' �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 .000 Commission Number 750576 My Commission Expires �. /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 15th day of August, 2022. 00 �RPot"•gyp': RPOq _ 2003 s�;� ►y'� 1933 b'c• Secretary ��J•• i`� ;' • J'�• •A•• POA 0018 (1/20) " " 0061 19- 1 MAINTENANCE BOND Page I of 3 1 BOND NO. TXC615580 2 SECTION 00 61 19 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 I 1 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 Seven Hundred Fifty Thousand & 00/100 Dollars($750,000.00), lawful money of the i 15 United States,to be paid in Fort Worth,Tarrant County, Texas,for payment of which sum well 16 and truly be made unto the City and its successors,we bind ourselves, our heirs, executors, 17 administrators, successors and assigns,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 9th day of Angus 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 2021 Water Main Leak Repair Contract; City Project No. 103327—First 25 Renewal; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH 2O21 WATER MINA LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July I,2011 City Project No. 103327 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely i 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and E II 12 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF PORT WORTH 2O21 WATER MINA LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July 1,2011 City Project No. 103327 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 15th day of August,2022. 3 4 PRINCIPAL: 5 William J. Schultz,Inc. dba 6 Circle C Construction Company 7 8 BY: 9 Signature 10 ATTEST: 11 12 Teresa S. Skelly,President 13 (Principal)Secretary Michele Lankford Name and Title 14 15 Address: P. O. Box 40328 16 Fort Worth,TX 76140 17 18 19 Witness as to Principal 20 SURETY: 21 22 Merchanto UdinvCom an (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 (Sure )Secretary West Des Moines, IA 50266-7754 32 33 34 Witness as to Surety John A. M 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 2O21 WATER MINA LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT—FIRST RENEWAL Revised July I,2011 City Project No. 103327 MERCHANTS 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. i In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 �''RPOR' �o' ' O?'Q�PO '�9'. MERCHANTS BONDING COMPANY(MUTUAL) ti�'G� q�''•Z'• �:(>0 R4,,a.?; MERCHANT NATIONAL BONDING,INC. 2003 ;��; :y:� 1933 c; By ••d�. 1a . •.,��/' rJ��.• .•K'' ,' ' �•.• 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�m POLLY MASON 0 o a Commission Number 750576Aw� My Commission Expires �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 15th day of August, 2022. `h� G�RPOR4 01. :•Q'O�O>�POq� 9yc: 2003 Z' y' 1933 Secretary v . ��. POA 0018 (1/20) •�''�'• ,•••�•' '•' MERCHANTS BONDING COMPANY,,, MERCHANTS BONDING COMPANY(MUTUAL1 - MERCHANTS NATIONAL B )NDING, 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 I j I i i I [ SUP 0073 TX (2/15) i E E A ® DATE(MM/ Y) CERTIFICATE OF LIABILITY INSURANCE o8,11,20222022 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 Kim Wright NAME: K&S Insurance Agency HM Ext: (972)7714071 ac Ne; (972)771 4695 2255 Ridge Road,Ste.333 E-MAIL kwright@kandsins.com ADDRESS: P.O.BOX 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURER A: FCCI Insurance Co. 10178 INSURED INSURER B: Travelers Prop Cas Cc of Amer 25674 William J Schultz,Inc.dba INSURER C: Texas Mutual Insurance Co. 22945 Circle C Construction Company INSURER D: Federal Insurance Company 20281 500 W.Trammell Ave. INSURER E: Everman TX 76140 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL 5UHR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR D T 100,000 PREMISES Ea occurrr ence $ MED EXP(Any one person) $ 5,000 A CPP100051064 08/12/2022 08/12/2023 PERSONAL&ACV INJURY $ 1,000,000 GEMLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PEC LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CA100051065 08/12/2022 08/12/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESSLIIAB CLAIMS-MADE CUP2S886795 08/12/2022 08/12/2023 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X SPER TATUTE ORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? NIA 0002051085 08/12/2022 08/12/2023 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractors Equipment Leased/Rented Equip. $500,000 D 06706289 08/12/2022 08/12/2023 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project: 2021 Water Main Leak Repair Contract,City Project Number 103327 See attached for additional information. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00014904 LOC#: AC"R" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED K&S Insurance Agency William J Schultz,Inc.dba Circle C Construction Company POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.The General Liability endorsement wording include both the insured's ongoing and completed operations. The General Liability and Auto Liability policies contain an endorsement with"Primary and Noncontributory"wording. The General Liability,Auto Liability and Workers'Compensation policies include a blanket automatic waiver of subgrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. 'ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE,LIMITS,CONDITIONS AND EXCLUSIONS. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD