HomeMy WebLinkAboutContract 47791-R2 �°a°f:,°a r NARY
CUNTRACT NO. 47791— Ra
2
P pEFpR�`�pp CITY OF FORT WORTH
SECOND RENEWAL OF AGREEMENT
WHEREAS, the City of Fort Worth, ("City"), and William J. Schultz Inc. d/b/a
Circle C Construction Company, authorized to do business in Texas, ("Contractor"),
entered into that certain ORIGINAL AGREEMENT (City Secretary #47791, M&C C-
27711) for the PROJECT generally described as: Water & Sewer Main Replacements
Contract 2015A, City Project Number 2738; and
WHEREAS, the ORIGINAL AGREEMENT may be renewed up to two times as
provided by M&C C-27711; and
WHEREAS, the City and Contractor renewed the ORIGINAL AGREEMENT
effective February 9, 2018 (CSC No. 47791-R1) with funding provided by M&C C-28532;
and
WHEREAS, the City and Contractor desire to renew the ORIGINAL
AGREEMENT 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#23695-06-2019.
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 $3,000,000.00. 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, not expressly amended herein, shall
remain in full force and effect.
EXECUTED by each parry's duly authorized representative and EFFECTIVE as of the date
subscribed by the City's designated City Manager.
OFFICIAL RECQRE,
Second Renewal of Agreement CITY tC pARY
Circle C Construction Company OISA
�4` TX
City of Fort Worth William J. Schultz Inc.d/b/a Circle C
Construction Company
a
D+o►ho'. PJ 4 In Teri Skelly
Assistant City Manager President
DATE: 01 I(' DATE: 7-2 9-/ 9
APPROVAL RECOMMENDED:
/c,(L
Christopher Harder,P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
M&C: C-29156 (Funding)
Date: _6/18/2019
1295#+,WA ao lot-y11 Io5 I
Douglas W. Black
Sr. Assistant City Attorney
ATTES
d
Mary 4. ayser INC e
City Secretary
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.
6—MW-
Siinature
Lawrence Hamilton
Name of Employee
Senior Professional Engineer
Title
OFFICIAL, RECORD
CITY SECRF,`TARY
Second Renewal of Agreement e 2 o 2
Circle C Construction Company FT. %".% T
City Project No.2738p
006113-1
PERFORMANCE BOND
Page 1 of 2
1 BOND NO.TXC611159
2 SECTION 00 6113
3 PERFORMANCE BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
8
9 That we, William I Schultz, Inc. dba Circle C Construction Company, known as"Principal"
10 herein and Merchants Bonding Company(Mutual), a corporate surety(sureties, if more than one)
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 Texas, known as"City" herein, in the penal sum of,Three MillipF Dollars
14 ( 3,000,000.OL , lawful money of the United States, to be paid in Fort Worth,Tarrant
15 County,Texas for the payment of which sum well and truly to be made, we bind ourselves, our
16 heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
17 presents.
18 WHEREAS, the Principal has entered into a certain written contract with the City
19 awarded the day of , 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 Z"ke-17ewai - Water &Sewer Heplacernents Contract 2015A -City Project No. 2738
24 NOW,THEREFORE, the condition of this obligation is such that if the said Principal shall
25 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully
26 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
29 be 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 MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2738
Revised July 1,2011 2nd Renewal
006113-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of
2 the 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 this
5 instrument by duly authorized agents and officers on this the! 18th day of June. 2019.
6 PRINCIPAL:
7
8 William J.Schultz, Inc.dba
9 Q[gle C Construction Company
10
11 BY:_
12 Signature
13 ATTEST:
14
15 My Jt 'a9.Q Teresa S.Skelly, President
16 (Principal)Secretary, Michele S. Idbrd Name and Title
17
18 Address: P.O. Box 40328
19 500 W.Trammell
20 Fort Worth,TX 76140
21
22 Witness as to Principal
23 SURETY:
24 Nor hants Zdflam ny(Mutual)
25
26 BY:
27 SignatureO
28
29 Sheryl A. Mutts,Attorney-in-Fact
30 Name and Title
31
32 Address: 6700 Westown Parkway
33 West Des Moms,IA 50266-7754
34
35 Witness as to Surety,J n A. Miller Telephone Number: (800)678-8171
36
37
38
39 *Note: If signed by an officer of the Surety Company, there must be on file a certified
40 extract from the by-laws showing that this person has authority to sign such
41 obligation. If Surety's physical address is different from its mailing address,
42 both must be provided. The date of the bond shall not be prior to the date the
43 Contract is awarded.
44
CITY OF FORT WORTH MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2738
Revised July 1,2011 2n0 Renewal
MERCE� TT_S�
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
.. . q�''•., • LNG Cp°•.
�•y�:DEtPOR9;��• �p?O�p� �'�y•• MERCHANTS BONDING COMPANY(MUTUAL)
,•G !� A*. 99j;.y�° MERCHANTS NATIONAL BONDING,INC.
_ y:2 t�; •
2003 ;;�= y: 1933 �'e; By
•. •' .• °°`��jl''�' \1,• President
STATE OF IOWA ••�''"' ""•��'' ••°°••'°°
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 swom
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.
�04%At s' AUCIA K.GRAM
d Commission Number 767430
Z '°° My Commission Expires
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 12019 .
tG
......... . •O RPQ
Gy :�.v0 9q�,;.sue e
—o— O:GC �Fy:� -o- r^; a �1.�►�c�/T�
2003 y 1933 �'e° Secretary
POA 0018 (3/17) ••��''••••........•'�'• •••.° •••.°
006114-1
PAYMENT BOND
Page 1 of 2
1
2 BOND NO.TXC611159
3 SECTION 00 6114
4 PAYMENT BOND
5
6 THE STATE OF TEXAS §
7 § KNOW ALL BY THESE PRESENTS:
8 COUNTY OF TARRANT §
9
10 That we, William J. Schultz, Inca dba Circle C Construction Company, known as
i i "Principal' herein, and Merchants Bonding Company (Mutual), a corporate surety (sureties), duty
12 authorized to do business in the State of Texas, known as "Surety" 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 penal sum of Three
15 Million Dollars ($ 3,000,000.00 , lawful money of the United States, to be paid in Fort
16 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind
17 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
18 firmly by these presents:
19 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
20 18111 day of June, 2019, which Contract is hereby referred to and made a part hereof for all
21 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
22 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
23 designated as
24 2d Renewal- Water&Sewer Rep/acemen&Contract 2015A -City Project No. 2738
25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal
26 shall pay all monies owing to any(and all) payment bond beneficiary (as defined in Chapter 2253
27 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract,
28 then this obligation shall be and become null and void; otherwise to remain in full force and
29 effect.
30
31
CrrY OF FORT WORTH MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 2738
Revised July 1,2011 2n0 Renewal
00 61 14-2
PAYMENT BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of
2 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statute.
4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
5 instrument by duly authorized agents and officers on this the: IBth day of June 2019.
6 PRINCIPAL:
7
8 William J.Schultz,Inc.dba
9 Circle C Construction Company
10
11 BY: '
12 Signature
13 ATTEST:
14
4 J
15 Y')'-t�9 b Teresa S.Skelly, President
16 (Principal)Secretary, Michele S. r Name and Title
17
18 Address: P.O. Box 40328
19 500 W.Trammell
20 Fort Worth,TX 76140
21
22 Witness as to Principal
23 SURtOIY:
24 M
&rchantsndin M Ill)
25
26 BY:
27 Signat
28
29 Shervl A. Klutts.Attomey-in-Fact
30 Name and Title
31
32 Address:6700 Westown Parkway
33 West ties Moines,IA 50266-7754
34
35 Witness as to Surety,Joh A. Miller Telephone Number: (800)678-8171
36
37
38 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
39 bylaws showing that this person has authority to sign such obligation. If Surety's physical
40 address is different from its mailing address, both must be provided.
41
42 The date of the bond shall not be prior to the date the Contract is awarded.
43 END OF SECTION
44
CITY OF FORT WORTH MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2738
Revised July 1,2011 2id Renewal
MERCHA.NT�
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
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 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 6th day of April 2017
.•' .. �POR'•e�•� •Q� (APO '�y•• MERCHANTS BONDING COMPANY(MUTUAL)
A9'A.Z�; MERCHANTS NATIONAL BONDING,INC.
-o- 1:
v 2003 1933 e: By
• J
President
to
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.
�P1'tA4 s AUCIA K.GRAM
o a Commission Number 767430
!!!�A My Commission Expires
P • April 1,2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,Wiliam 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 .
O . R� A �rr/ i sr
y:
Secreta•a:~ 1933 '�• ry
v. 2003 ;,0 ;se �cti.
POA0018 (3/17) ""•••• •••••••�
006119-1
MAINTENANCE BOND
Page 1 of 3
1 BOND NO.TXC611159
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 1. Schultz, Inc. dba Circle C Construction Company, known as "Principal"
10 herein and Merchants Bonding Company LMutual), 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 the State of Texas, known as "City" herein, in the sum of Three Million
14 Dollars ($ 3,,000,000.00 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its
16 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 18t day of , 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
22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from
23 a duly authorized Change Order (collectively herein, the "Work'l as provided for in said contract
24 and designated as
25
26 7d Renewal- Water&Sewer Main Replacements Contract 2015A -City Project No. 2738
27
28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
29 accordance with the plans, specifications and Contract Documents that the Work is and will
30 remain free from defects in materials or workmanship for and during the period of two (2)
31 years after the date of Final Acceptance of the Work by the City("Maintenance Period'j; and
32
33 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon
34 receiving notice from the City of the need therefore at any time within the Maintenance Period.
35
CITY OF FORT WORTH MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2738
Revised July 1,2011 2rd Renewal
006119-2
MAINTENANCE BOND
Page 2 of 3
1 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy
2 any defective Work, for which timely notice was provided by City, to a completion satisfactory to
3 the City, then this obligation shall become null and void; otherwise to remain in full force and
4 effect.
5
6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal
9 and the Surety under this Maintenance bond; and
10
11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
13 Worth Division; and
14
15 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive
16 recoveries may be had hereon for successive breaches.
17
18
19
CITY OF FORT WORTH MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2738
Revised July 1,2011 21 Renewal
006119-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by
2 duly authorized agents and officers on this the L, day of June, 2019.
3 PRINCIPAL:
4
5 William J.Schultz, Inc.dba
6 Circle C Construction Company
7
8 BY:
9 Signature
10 ATTEST:
12 Teresa S.Skelly, President
13 (Principal)Secretary, Michele S. La ord 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 Merchants in man (Mutual)
22
23 BY:
24 SignaturV
25
26 Shgrr rl A. Mutts,Attorney-in-Fact
27 Name and Title
28
29 Address: 6700 Westown Parkway
30 West Des Moines, IA 50266-7754
31
32 Witness as to Surety,John A. Miller Telephone Number: (800)678-8171
33
34
35
36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the
37 by-laws showing that this person has authority to sign such obligation. If Surety's physical
38 address is different from its mailing address, both must be provided.The date of the bond shall
39 not be prior to the date the Contract is awarded.
40
CITY OF FORT WORTH MWSR2015A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2738
Revised July 1,2011 2n°Renewal
M.ERCHANT�
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 6th day of April 2017
.•'•• 0NgI•B•'•. CO .o
y:'pHpOR,4•.O•; : RpoRq�9y�: MERCHANTS BONDING COMPANY
MERCHANTS NATIONAL ONDIING,(INC(MUTUAL)
:22 -0- Ott: ;ry- Z -o_ R`:
2003 ;`�c :y 1933 c: By /
7 :ti• f
%�d •. ,..; •. d,;• ;sac.
.,�..�.........•.',•'•. .••� • �••. President
STATE OF IOWA '�•"" "'•�, ••••••••
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�,t�lAt s AUCIA K•GRAM
Z a m Commission Number767430
My Commission Expires v` CS'.6"
roP ' 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 .
• ...........
RR .o': o 'oa A4'•y � ' 01/
.may c, r:Z; ;y 'c, �►:,�:
j' 2003 ;�� y 1933 j Z. Secretary
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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. 23695-06-2019
DATE: 6/18/2019 REFERENCE NO.: **C-29156 LOG NAME: 60WSR2015AR2-
CIRCLEC
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Appropriation Ordinance in the amount of$3,700,000.00 to Fund the second
Renewal of City Secretary Contract No. 47791 with William J. Schultz Inc. d/b/a Circle C
Construction Company in the Amount of$3,000,000.00 for Water and Sewer Main
Replacements Contract 2015A, at Various Locations Throughout the City (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
$3,700,000.00 from available funds for Water and Sewer Main Replacements Contract 2015A, at
Various Locations throughout the City (City Project No. CO2738).
DISCUSSION:
On May 3, 2016, (M&C C-27711) the City Council authorized the City Manager to execute a contract
in the amount of$3,000,000.00, with the option of two renewals, with William J. Schultz, Inc. d/b/a
Circle C Construction Company for Water and Sewer Main Replacements Contract 2015A. The first
renewal in the amount of$3,000,000.00 was authorized on January 9, 2018 (M&C C-28532).
The City and the Contractor desire to exercise the second renewal of the contract in the amount of
$3,000,000.00 and with the same terms and conditions.
The work to be performed under this contract consists of extending, replacing and/or relocating water
and sewer mains, services, and other pertinent construction required to provide water and sewer
service to individual customers or developers.
In addition to the contract amount $700,000.00 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 DBE ordinance by documenting good faith effort on the second renewal. The City's goal on
this project is 10 percent.
This project is located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required for this contract because: This M&C does not request approval of a
contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water Operating
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27082&councildate=6/18/2019 8/16/2019
M&C Review Page 2 of 2
Fund budget includes appropriations of$23,865,180.00 for the purpose of providing Pay-As-You-Go
funding for Water Capital Projects. After this transfer for Fiscal Year 2019, the balance will be
$8,770,890.00. The Fiscal Year 2019 Water Operating 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 $19,605,177.00.
Appropriations for Water and Sewer Main Replacements Contract 2015A are as depicted below:
Fund Existing Additional Project Total*
Appropriations Appropriations
W&S Capital
Projects - Fund $0.00 $3,700,000.00 $3,700,000.00
56002
Water Capital - $3,695,000.00 $0.00 $3,695,000.00
Fund 59601
Sewer Capital
Legacy - Fund $3,640,000.00 $0.00 $3,640,000.00
59607
Project Total $7,335,000.00 11 $3,700,0 1$11,035,000.00
*Numbers rounded for presentation purposes.
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 (7829)
ATTACHMENTS
60WSR2015AR2-CIRCLEC 56002 A019r.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27082&councildate=6/18/2019 8/16/2019