HomeMy WebLinkAboutContract 53040-R2 CSC No. 53040-R2
CITY OF FORT WORTH
SECOND RENEWAL OF AGREEMENT
WHEREAS, the City of Fort Worth, ("City"), and William J. Schultz Inc. dba Circle C
Construction Company, ("Contractor"), entered into that certain ORIGINAL AGREEMENT
(City Secretary #53040, M&C 19-0162) for the PROJECT generally described as: SEWER
MAIN EXTENSIONS,REPLACEMENT, &RELOCATIONS CONTRACT 2019 and
WHEREAS, the ORIGINAL AGREEMENT may be renewed up to 2 times as provided
by M&C 19-0162 and
WHEREAS, the City of Fort Worth, ("City"), and William J. Schultz Inc., dba Circle C
Construction Company ("Contractor"), entered into that certain FIRST RENEWAL (City Secretary
#53040-R1,M&C 20-0902)
WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for
an additional term at the same price and funding for said SECOND RENEWAL is available in
the budget of the Water and Sewer Capital Projects Fund, as appropriated in Ordinance# 25335-
02-2022.
NOW, THEREFORE, it is agreed by the City and Contractor as follows:
Article I
The Scope of Services as set forth in the ORIGINAL AGREEMENT has not changed.
Article II
The Contractor's compensation shall be in the amount up to $1,000,000.00. The Term of
this renewal agreement shall be effective as of the effective date and shall remain active until the
funds are expended or programmed.
Article III
There are no other changes to any other terms or conditions of the ORIGINAL
AGREEMENT.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Renewal of Agreement SEWER MAIN EXTENSIONS,REPLACEMENTS&RELOCATIONS
Circle C Construction Company City Secretary No.53040
City Project No. 102196 Page I of 2
EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date
subscribed by the City's designated City Manager.
City of Fort Worth William J. Schulz,Inc. dba Circle C Construction
Company
Dana Bur�15,202� S(j
Dana Burghdoff Teresa S. Skelly
Assistant City Manager President
DATE: J u n 15,2022 DATE: — Z z - ZZ
APP OVAL RECOMMENDED:
kris Harder,P.E.
Director,Water Department
APPROVED AS TO FORM AND LEGALITY:
M&C: 22-0126 (funding}
Date: 02/22/2022
8A Fonn, 1295 No. 2021-812350
DBlack(Jun 15,202211:08 CDT)
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 requirements.
&LIM" A I I
Lawrence Hai ilton, P.E.
Senior Professional Engineeron
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°ATTEST: 00 00
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Tgnnette S. Goo�%ll �o °004
Jannette S.Goodall(Jun 16,2022 14:42 CDT) O 0
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Jannette S. Goodall *�d OFFICIAL RECORD
City Secretary d� °°00000°° d CITY SECRETARY
��>Z nEXAS.oA'
FT. WORTH, TX
Second Renewal of Agreement SEWER MAIN EXTENSIONS,REPLACEMENTS&RELOCATIONS
Circle C Construction Company City Secretary No.53040
City Project No. 102196 Page 2 of 2
0061 13-1
PERFORMANCE BOND
Page I of2
I BOND NO.TXC615565
2 SECTION 00 6113
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 C Construction Company, known as
9 "Principal"herein and Merchants Bonding Company(Mutual),a corporate surety(sureties, if
10 more than one)duly authorized to do business in the State of Texas, known as"Surety"herein
11 (whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal
12 corporation created pursuant to the laws of Texas,known as"City"herein,in the penal sum of,
13 One Million Dollars($1,000,000.00), lawful money of the United States,to be paid in Fort
14 Worth,Tarrant County,Texas for the payment of which sum well and truly to be made,we bind
15 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,
16 firmly by these presents.
17 WHEREAS,the Principal has entered into a certain written contract with the City
18 awarded the 22nd day of_February.2022,which Contract is hereby referred to and made a part
19 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and
20 other accessories defined by law,in the prosecution of the Work,including any Change Orders,
21 as provided for in said Contract designated as
22 SECOND RENEWAL-SEWER MAIN EXTENSIONS REPLACEMENTS,&
23 RELOCATIONS CONTRACT 2019,CPN 102196
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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102196
Revised July 1,2011
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 22"d day of FebruaTy,2022.
6 PRINCIPAL:
7 William J.Schultz, Inc. dba
$9 Circle C Construction Company_
_
10 BY:
I 1 Signature
12 ATTEST:
13
14 �� pi ,�j Teresa S. Skelly President _
15 (Principal)Secretary Michele S. a ord Name and Title
16
17 Address: P.O. Box 40328
18 19 500 W. Trammell
Fort Worth,TX 76140
20 --
21 Witness as to Principal
22 SURETY:
23
24 25 Merchants ding Company (Mutual)
26 BY:
27 .'ignature
2$
29 Sheryl A. Klutts Attom_ey in-Fact
30 Name and Title
31
32 Address: 6700 Westown Parkway
33 West Des Moines, IA 50266-7754
34
35
36 Witness as to Surety John A. Miller 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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102196
Revised July I,2011
0061 )4..1
PAYMENT BOND
Page I of 2
1 BOND NO.TXC615565
2 SECTION 00 6114
3 PAYMENT BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARR.ANT §
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 Foil Worth, a municipal corporation created pursuant
12 to the laws of the State of Texas, known as "City" herein, in the penal sum of One Million
13 Dollars ( '1,000.000.00), 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 22"d day of February, 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 SECOND RENEWAL - SEWER MAIN EXTENSIONS, REPLACEMENTS &
23 RELOCATIONS CONTRACT 2019,CPN 102196
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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102196
Revised July 1,2011
0061 14-2
PAY MEW 80ND
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 22nd day of February,2022.
3
PRINCIPAL:
William J. Schultz. Inc. dba
Circle C Construction Company___
ATTEST: BY:
Signature
Teresa S. Skelly, Presideri
(Principal)Secretary Miche Lankford Name and Title
Address: P. O.Box 40328
500 W.Trammell _
_— Fort Worth,TX 76140
Witness as to Principal -
SURETY:
Merchants o in Com an Mutual
ATTEST: BY:
Signature
Sheryl A. Klutts Attorney-in-Fact
(Surety) Sec Name and Title
Address: 6700 Westown Parkway
West Des Moines, IA 50266-7754
Witness as to Surety John A.Miller
4 Telephone Number: 800 678-8171
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. ]f 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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102196
Revised July 1,2011
0061 19-1
MAINTENANCE BOND
Page 1 of 3
1 BOND NO.TXC615565
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 One Million Dollars(S 1,000,000.00),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 22"d day of February,2022,which Contract is hereby referred to and a made part hereof for
21 all 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")as provided for in said contract
24 and designated as
25
26 SECOND RENEWAL-SEWER MAIN EXTENSIONS REPLACEMENTS &
27 RELOCATIONS CONTRACT 2019 CPN 102196; 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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No. 102196
Revised July 1,2011
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 satisfactoty to the City,then this obligation shall become null and void; otherwise to remain in
8 full force and etfect.
9
t0 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
1 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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No, 102196
Revised July 1,2011
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 22nd day of February,2022.
3
4 PRINCIPAL:
5 William J. Schultz,Inc.dba
6 Circle C Construe ion Company
8 BY:
9 Signature
10 ATTEST:
I1
12 (YI u-��—� Teresa S. Skelly, President _
13 (Principal)Secretary Michelle S. ankt-o-Al Name and Title
14
15 Address: P. O.Box 40328 _
16 500 W.Trammell
17 18 -Fort Worth TX 76140
- -
19 Witness as to Principal
20 SURETY:
21
22 MerWBdin Com an r_(M23 ���r „�e24 BY: ��25 re
26
27 Sheryl A. Klutts.Attome -in-Fact _
28 ATTEST: Name and Title
29
30 Address: 6700 Westown Parkway
31 (Su ty)Secreta West Des Moines.IA 50266-7754
32
33-
34 Witness as to Surety John A. lller 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 MSERR2019,2nd Renewal
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.No, 102196
Revised July 1,2011
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, February 22, 2022 REFERENCE NO.: **M&C 22-0126
LOG NAME: 60SSERRRCON2019R2-CIRCLEC
SUBJECT:
(ALL)Adopt Attached Appropriation Ordinance in the Amount of$1,300,000.00 to Fund the Second
Renewal with William J. Schultz, Inc., dba Circle C Construction Company, for Sanitary Sewer Main
Extensions, Replacements and Relocations Contract 2019 for Various Locations Throughout the City and
to Appropriate this Project as a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water and Sewer Capital Projects Fund in the amount of$1,300,000.00, transferred from available
funds in the Water and Sewer Fund, for the purpose of funding the Sanitary Sewer Main Extensions,
Replacements and Relocations Contract 2019 project (City Project No. 102196);and
2.Appropriate this Project as 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) 19-0162, the City Council authorized
the execution of a contract in the amount of$1,000,000.00, for the Sanitary Sewer Main Extensions,
Replacements and Relocations Contract 2019 (City Secretary Contract No. 53040) and provided for the
option of two renewals. On December 1, 2020, M&C 20-0902, the City Council authorized funding for the
first renewal and miscellaneous costs by adopting an appropriation ordinance in the amount of
$1,300,000.00.
The City and the contractor desire to exercise the second renewal of the contract in the amount of
$1,000,000.00.
The work to be performed under this contract consists of extending, replacing and/or relocating sewer
mains, service lines, and other pertinent construction required to upgrade existing sanitary sewer
infrastructure or as required to provide sanitary 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, $300,000.00 is required for project management, material testing,
inspection, and real property acquisition.
This project will have no impact on the Water Department's operating budget when completed.
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.
Capital Fund FProject IFY2022CID Budget Change Revised
Name Name Appropriations Authority (Increase/Decrease) FY2022 Budget
102196-Misc.
56002-W&S Capital Sewer Main
Projects Contract $ - This m&c $1,300,000.00 $1,300,000.00
Fund 2019
Appropriations for the Sanitary Sewer Main Extensions, Replacements and Relocations Contract 2019 for
various locations throughout the city are depicted below:
Fund Existing 11 Additional Project Total* 11
_ Appropriations IJ Appropriations
7Projects
Capital
- Fund $2,600,000.00 $1,300,000.00 F$3,900,7000.001
002t Total $2,600,000.00 $1,300,000.00 $3,900,000.00
*Numbers rounded for presentation.
Business Equity—William J. Schultz, Inc., dba Circle C Construction Company is in compliance with the
City's BIDE Ordinance by committing to zero percent MBE participation and documenting good faith effort.
William J. Schultz, Inc. dba Circle C Construction Company identified several Business Equity—William J.
Schultz, Inc., dba Circle C Construction Company is in compliance with the City's BDE Ordinance by
committing to zero percent MBE participation and documenting good faith effort. William J. Schultz, Inc. dba
Circle C Construction Company identified several.
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. Sewer 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 c ivt ity Budget Reference # FAmunt
_ , _ �� � _ 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: Adolfo Lopez (7829)
ATTACHMENTS
1.60SSERRRCON2019-CIRCLEC Compliance Memo.PDF (CFW Internal)
2.60SSERRRCON2019R2-CIRCLEC FID Table (WCF 12.07.21).xlsx (CFW Internal)
3.60SSERRRCON2019R2-CIRCLEC PBS CPN 102196.pdf (CFW Internal)
4.60SSERRRCON2019R2-CIRCLEC SAM for Circle C.pdf (CFW Internal)
5.60SSERRRCON2019R2-CIRCLEC SAM William J. Schultz, Inc..pdf (CFW Internal)
6.60SSERRRCON2019R2-CIRCLEC.docx (Public)
7. 60SSERRRCON2019r2 56002.docx (Public)
s s q