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City of Fort Worth, Texas
Mayor and Couric"11 Co unni�cation
ONA
7`1
2
N,'
IN A ,
DATE, Tuesday, May 07, 2013 REFERENCE NO.: C-216240
LO,G NAME: 610091WSMP - CIRCLEC
SUBJECT:
Authorize Execution of a Contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, in
the Amount of$2,210,111.100 for Water and Sanitary, Sewer Replacement Contract 20109, WSIMI-P on
Walton Avenue, Westhaven Drive, Encanto Drive, Wolens Way, Leith Avenue, Wiser Avenue and South
West Drive, Provide for Supplementary Project Costs,, Staff Costs and Contingencies for a Project Total in
the Amount of$2,335,414.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommendi ed that the City Council:
1. Authorize, the transfer of'$2,3,35,,414.,00 from the Water and Sewer Operating and to the Water Capital
Projects Fund in the amount of$1,2,44,081.00 and Sewer Capital Projects Fund in the amount of
$
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropr,iations in the
Water Caplit,a�l Projects Fund in the amount of$11,244,,081.00 and the Sewer Capital Projects Fund in the
amount of$11,091,333.00 from available funds; end
3. Authorize the execution of a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction
Company, in the amount of$2,2101111.00 for water,and sanitary sewer replacement Contract 20019,:
WSM-P.
DISCUSSION:
On March 1, 2011, (M&C C-24750) ,the City Council authorized an engineering Agreement with: Brown &
Gay, Engineers,, Inc., for Water and Sanitary Sewer Replacement Contract 2009, WSIVI-P for replacement
of deteriorated water and/or sanitary sewer mains.
This Mayor and Council Communication is to authorize a construction contract for the replacement,of the
deteriorated water and/or sanitary sewer mains as indicated on the following streets-,
10 'Scol e of'Wo�rk
reet, F om To P
'Westcreek Drive 0T'o�odway Avenue �,,Water/Sewer
'Walton Avenue
J�louth West Drive Westhaven Drive Wentworth Street Water/Sewer
Encanto Drive I'Trail Lake Drive Winslow Drive Water/Sewer
Wolens N/V:a Granbq!yRoad I' rail Lake Dirive Water/Sewer
Y.
ww
Leith Avenue Lubbock Avenue 'Cockrell Avenue Water
Avenue A'Minot Avenue Normar Avenue '�Water
[M s�r_
Loigname.- 60091WSMP - CIRCLEC Page lof3
The project was advertised for bid' on January 17 and: January 24, 2013 in the Fort Worth Star
Tel am. On February 7, 2013, the following bid's were received.
Al"dder Amount omp,lietion
'.210 Calendar Days
'William J. Schultz, Inc. d/'bi/a
'C*role "C" ConstructionC rn
0 'pa
68141000
rk Contract,n.9 Services, ILA ],$213 .
4551473 ...........acksoin Construction, Inc. 1574,1371.00
...........................
rnsco Construction, Inc.
3�,743,147.0"
$418211719.00
In addition to the, contract cost, $59,000.00 (water: $33,000.00; sewer.. $26,,000.00) is required for
construction staking, project management, inspection and material testing and $66,303.00 (water:
$35,273.00; sewer-. $31,103,0.00) is provided for project contingencies.
M/WBE Office: William J. Schultz, Inc. d/b/a Circle "C" Construction Company is in compliance with the
City's BIDE Ordinan�ce by committing to nine percent MBE participation and documenting good faith
eff ort. William J. Schultz,, Inc. d/b/a. Circle "C" Construction Company identified several subcontracting
and supplier opportunities,. However,, the MB,Es, contacted in the areas identified did not submit the lowest
bids. The, City's MBE goal on this project is 15, percent.
The project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION / CEIRTITICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
and adoption of the attached appiropriat,ion ordinances, funds will be available in the current capital
budget, as appropriated, f'the Water Capital Projects Fund and -the Sewer Capital Projects Fund.
FUND CIENTER&
TO F'und'/Account/'Centers FROM Flu nd/Accoul nit/Ceinte rs
1&2 12 53 476045 6031701485ZZ $1 244,081.00 ■ E45 538040 0609020
I - $1,_244,081.00
J ) R258 47'6045 x0317014 5Z $11091,333.00 1 45 538040 0709020 $1,0911 L333.00
2) P253 531350 6031:70148552 $6,000.00 3) P253 541200 60,31701148583 $1,_1 7'5,8,061-00
12)P2513 511010 60317014815180 $4,000.00 2) P258 541200 703170148583 $1,034,305-00
2) P253 5!41200 603170148:583 V 211,0811.00
I
2) P253 531200 603170148584 $5,000-00
P2531 5311 350 6013170148584 $31000.00
2) P253 531350 6031701148585 1 5,00'0.00!
2) P258 531350 703170148552 $5,000.00
2)P'258 5!11010 7013170148580 $3,000.001
2) P258 541200 703170148583 $12065,,a33-00
2)P258 5131200 703170148584 $,4,000.00
Logname.: 6009WSMP - CIRCLEC Page 2 f 3
I'M
2) P258 531350 70'31 701 48584 $,2"0 0,001
2) P,25 531350 7031170148585 $12,000.00
,"WM'"Ww
CERTIFICATIONS1.1
Fo ta (6!
Submitted for City Manager's Office by ernand Cos 122)
Orig"inatina, De ment Head-.-, S. Frank Crumb (8207)
11
Roberto Sauceda (2387)
Add,ft"onall Information Contact:
ATTACHMENTS
1. 60 'S, - CIRCLEC Sewer FAR. (CFW Internal)
2. 6009WSMP- CIRCLEC Water FAR. (CFW Internal)
31. 6009WSMP-CIRCLEC COM�P'LIANCIE. df (CFW Internal)
4. 6009WSMP-CIRCLEC MAP 01,1.-pdf (Public)
5., 6 MP-CIRCLEC MAP Q2.pdf (Public)
6. 6009WS!MP-CIRCL,EC MAP-03.pdf (Public)
7. 6009WSMP-CIRCLEC MAP 04.pdf (Public)
8. 60,09WSMP-CIRCLEC MAP 05.pd,f (Public)
9. 6009WSMP-CIRCLEC MAP 06.pdf (Public)
10.1 6009WSMP-CIRCLEC P253AO13.doc' (Public)
11. 6009WSMP-CI'RCL,E,C P2518,AO13.doc (Public)
12. PE45-538040-060190120.doex (CFW Internal)
13. PE45 5318,040-070190201.docx (CFW Internal)
Logname: 6 9WSMP - CIRCLEC Page-j of 3
lo....,.
005243-
Agreement
"'age I of
1 SECTION 41 '52143
2 AGREEMENT
3
THIS AGREEMENT, authorized on May 7, 2013 � City' of Fort
made . . ���� the
Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
("City"), and William J. Schultz Inc. ha Circle C Construction CoMpany, authorized to do
7 business in Texas, ,actin by and through its duly authorized representative, ("Contractor").
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows.
10 Article 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 "rojeet identified herein..
13 Article 2. PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 Water& Sani'tary ►ewer a laee nent Contract 2009 WS P
NOW
17 Cit Pr `e+ct Nu. 01485. DOE No. 6589
18 Article 3. CONTRACT T' . E
W 19 3.1 Time is of the essence.
20 All time limits for Milestones? if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
IMP
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 270 days after the date when the
24 Contract Time commences to n as provided in paragraph 2.03 of the General Conditions.
25 3.3 Liquidated damages
Y� 6 Contractor recognizes that time 1s of the essence of this agreement and that City will
27 suffer financial loss ifthe Work is not completed within the times specified In Paragraph
28 3.2 above, plus any extension thereof allowed in accordance with Article 12, of the
29 General Conditions. The Contractor, also recognizes the delays, expense and difficulties
30 involved in proving in a legal proceeding,the actual loss suffered by the City if the Work
31 is not completed on time. Accordingly, instead of requiring and such proof, Contractor
32 agrees that as liquidated damages for delay (hut not as a penalty), Contractor shall pay
33 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time
34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
35 Acceptance.
CITY OF FORT"WORTH 2009 WSM-P
STANDARD CONSTRUCTION 1 DOCUMENTS "1 5
oN
Revised August 17,2012
OO 5243,-2
40 "eenient
Page 2 of 4
36 ArtlHe 4.CONTRACT PRICE
37 City agrees Contractor for 'Performance of the Work in accordance with the Contract
38 Documents a arnou .t current funds o Two lour, "";two Hundred Ten Th ousand One
39 Hundred Eleven and 00/100 dollars 12,2101111.09).
401 Article 5., CONTRACTDOCUMENTS
41 5.1 CONTENTS:
2 A. The Contract Documents which
3 Contractor concerning g the Work consist of the following.
. Thin Agreement.
45 1 Attachments to this Agreement.:
6 a.. Bid Form
I MI
47 1 "r osal Form
48 2) Vendor Compliance to State Law'Non-Resident Bidder
49 3) P,requalificat,ion Statement
50 4) State and F"e er documents (r �� �peefi
51 b. Current Prevailing Wage Rate Ta e
5 . Insurance ACORD Form(s)
I MIR 53 d. Payment Bond
54 e. r er o sacs Bond
5 f Maintenance Road
Power,of Attorney for the Bonds
57, h. Worker's Compensation Affidavit
58 i. MBE and/or SBE Commitment Fonn
ION 591 3. General Conditions.
. Supplementary Conditions.
6 5. Specifications specifically made a part of the Contract, Documents by attaichme nt
or if not attached, incorporated orate reference and described . the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
octImentatior submitted by Contractor prior to Notice of Award.
9. The following which, may e delivered or issued aster the Effective Date of the
Agreement and if ssued become an incorporated pert of the Contract Documents.
619 . Notice to Proceed.
Field Orders.
c. Change Orders.
2 d. Letter of Final Acceptance..
3
1,
CITY OF FORS"WORT
STANDARD CONSTRUCTION SPECIFICATION DOCUMEN S 0148'5
Revised,august 17,2012
00 52 4 -3
Agreement
Page 3 of 4
73 Article . . EMNIFIC TIO
74 . . Contractor covenants and agrees to indemnify, hold harmless and defend, at its owe
75 expense, the city, its officers, servants and employees, from and against any and all
claims arising out of, or alleged to arise out of, the work and services to be performed.
1"M 76 77 by the contractor, its officers, agents, employees, subcontra.ctors, licenses or invitees
7 under this contract. This indemnification provision, is � ecifleal intended to o erate
7 9 and lie effective even if it is al le ed or proven that all or some of the damages bein
80 son ht were caused in whole or in art by any act. omission or i ence of the city,
81 This 1nde nit provision is intended to include, without limitation, 'indemnity for
costs,expenses and legal fees incurred by the city in defending against such claims and
causes of actions.
4
5 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
86 the city, its officers, servants and employees,from and against any and all loss, damage
7 or destruction of property of the city,arising out of,or alleged to arise out of,the word
88 and services to be performed by the contractor, its officers, agents, employees,
subcontractors, licensees or invitees under this contract. This indemnification,
90 provision, is s ecificall intended to o erate and be effective even if it is ails ed or
1 proven that all or some of the damages l ein sou ht were caused in whole or in art
9 b an act omission or ne hence of the cit
9
94 article 7.MISCELLANEOUS
95 7.1 Terms.
96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
97 have the meanings indicated in the General Conditions.
98 7.2 Assignment of Contract..
1 WIN 99 This Agreement, including all of the Contract. Documents y not be assigned by the
100 Contractor without the advanced express written consent of ti e City.
101 7.3 Successors and Assigns.
1.02 City and Contractor each binds itself, its partners, successors, assigns and legal
103 representatives to the other party hereto, in respect to all covenants, agreements and
104 obligations contained in the Contract Documents.
105 7.4 Severabillt w
1, 106 Any provision or part of the Contract Documents held to be unconstitutional, void. or
107 unenforceable by a court off. competent jurisdiction shall he deemed stricken, and all
lob remaining provisions shall continue to be valid and binding upon. CITY and
1,09 CONTRACTOR.
1,10 7.5 Governing Law and venue.
111 This Agreement, including all of the Contract Documents is performable in the State of
u, 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Cou rt for the
113 Northern District of Texas,:fort Worth Division.
CITY of FORT WO T14 2009 WSAI-,
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FATS 01 8
Revised August 17,2012
P
0, 43-4
J,
Agreement
Page 4 of 4
114 7.6 Other Provisions.
115 The Contractor agrees to pray at least minimum wage per hour for all labor as the sane is
116 classified, pro vulgate and set out by the City, a copy of which is attached hereto and
117 made a part hereof the same as if it,were copied verbatim herein.
118 7.7 Authority to Sign.
;.
119 Contractor shall attach evidence authority to sign Agreement, if other than duly
1 20 authorized signatory of the Contractor.
r.
121
122 IN WFINESS WHEREOF, City and Contractor have executed this Agreement in multiple
123 counterparts.
124
125 This Agreement is effective as of the last date signed by the Parties ("Effective Dates).
126
Contractor: City of fort Worth
William J Schultz, Inc dba
l Circle, C Ca'ns rued i n C.
By.
Fernando Costa
B : Assistant City Manager
(Signature!
J
Date
F1
Le
. eresa S. Shelly A tes n � ,
(Printed Name) /*T7r,It� c tart' �
Sep
Title: Vice President
.0
Address:
P :fox 40328 &C
0
Date- 7 ? '
X00000000 X_
eoi
City/State/Zip: Fort Worth, TX 76140 Approved as to Form and Legality: �
�l 6", tol I. V.41-61
Date � �,Yl 14 4 ell 4 "1" Kr-e 4-
Assistant City Attorney
127
1
1 �" Al RECOMMENDED
130
131
132
133 S.drank,Crumb, FEE
134 DIRECTOR,
135 Water Department
CITY SECRETARY
136
"I won
v TX
CITY OF FORT WORTH 2009 WSAI-P
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01485
Revised Augus,t 17,2012
0061 13- 1
PERFW-MANCE BOND
Page I of
BOND NO. 'TXC107214
2 SECTION 00 6113
3 PERFORMANCE BOND
4
5 THE STATE OF TEXAS
'KNOW 6 § THESE SENTS
7 COUNTY OF TARRANT §
8
9 That we, William J. Schulte Inc, Ada Circle C Construction Company, known as
"'Pr ncip�al" herein and Merchants Bondinp, Cu a (Mutual), a corporate surety(sureties, if
I 1 more than erne) duly authorized to o business in the State of Texas, luiewn 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
M, Two 11 io Two Hundred e'en Thousand, One Hundred Eleven and 00/100 Dollars
15 ($2,210,111.09), lawful money of the United States, to e, paid in Fort Worth, Tarrant County,
��
16 Texas for the payment of which sure well and truly to be made, we bind ourselves, our heirs,
executers, administrators, successors and assigns,jointly and severally, firmly by tee presents.
18 WHEREAS, the principal has entered into a certain written contract with the City
19 awarded the 7 th day of�� 201 , 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 ether
21 accessories defined by law, in the prosecution of the Work, including any Change Orders, as
22 provided for in said Contract designated as Water and Sanitary Seer Replacement Contract
23 2009 WSM-I ,City Project No. 011485,DOE No. 658
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 fell force and effect.
30, PROVIDED ED FURT R,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, Tort
32 Worth Division.,
CITY OF FORT"FORTH 20,09 WS P
,,.
STANDARD,CONSTRUCTION SPECIFICATION DOCUMENTS 011485
Revised July 1,2011
l/
01061132
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the previsions of Chapter 2253 of the
2 Texas Government Cede, as amended, and all liabilities on this bend shall be determined in
31 accordance with the provisions of said statue.
4 IN WITNESS WHERIEOF,l the Principal and the Surety have SIGNED, and SEALED
5 this instrument
by duly authorized agents and officers can this the 7"'dad of�s 2013.
I,,
61 PRINCIPAL:
7'
VIP 8
Wi liam J. Schultz Inc.dba
Circle C Construction Compan
11 :BY:
12 Signature
13 ATTEST:
14 Teresa kell lee-Fresidet
15 (Principal)Secretary,Michele S.Lan l" d Name and Title.
16
17 Address:P.0.Box 411328
1s
1,
19 Fort Worth TX 76140
2+
21
22 Witness as to Principal
23 SURETY:
24
25 Merchanti Merchant ondin Company 'utual
26
27 B :
2 ' Signatur
29
3O Sheryl A.Mutts,A tome -in-F:aet
31 Name and Title
32
33 Address:2100 Fleur Drive
34
35, Des Moines LA 50321 orre4l 1011 36 wift
37 Witness as to Surety,John A. filler Telephone Number: 1-8001-678-8171
3s
39
40 *Note if signed by an officer of the Surety Company, there must he on file a certified extract
41 from -the by-laws showing that this person has authority to sign such obligation. If
42 Surety's ' mailing,address, both must he provided.
ire s h s�cal address �s different from its
43 The date of the bond shall not he prior to the date the Contract is awarded.
CITY OF FORT WORTH 2,009 sM_p
STANDARD,CONSTRUCTION sP'ECIFICATIO,N DOCUMENTS 01485
Revised.Duly 1,2011
0061 14-1.
PAYMENT BOND
Page I of 2
-� i BOND NO. T C1 7214
2 SECTION 00, 611 14
4
5 THE STATE OF TEXAS
6 § KNOW ALL BY THESE PRESENTS,
7 COUNTY OF TARRANT §
That wee William J. Schultz, Inc. dba. Circle Construction. Company, known as
t '.Principal"' herein and Merchants Bonding Company uuat , a corporate surety sureties
1 I 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 '�Fort Worth, a municipal corporation created
3 pursuant to the laws of the State of Texas, known an as "City," herein, in the penal sum of Two
t
Million rfwn, Hundred Ten Thousand, One Hundred Eleven and 0/100 DOLLARS
15 . lawful money of the United States, to, be paid in Fort Worth, Tarr ant County,
16 Texas, for the payment of which sum well and truly he made, we bind Ourselves, our heirs,
17 executors, administrators, successors and assigns,jointly and severally, firmly by these presents:
18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
19 ' day of May, 2013, 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 rOvided for said Contract and
22 designated as Water and Sanitary Sewer Replacement Contract 200:9 WSM-P, City Project
23 No. 0185,DOS No. 6589.
4 NOW, "HERE ORE, 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
IMP 26 Chapter 2253 of the Texas Government Code, as a mended in the prosecution of the Work under
27 the Contract, then this obligation shall he 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
am,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
31 accordance with the provisions of said statute.
CITY OF FORT WORTH 2009 sM-P
IMP STANDARD D C TRUCTION SPECIFICATION DOCUMENTS 01485
Devised July 1,2011
IM
0061 14-
PAYMENT BOND
Page 2 of 2
I. T ESS WIIER.EOF, the Principal and Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and fivers on this h day f�� 2013
4
PRINCIPAL,,
William J. Schultz, Inc. d a
Circe C Construction Co u
ATTEST-.
..,Z teee.�e- 6,J W........
Signature
_W31w_� (_(�In Teresa S Slcell —Vice irre l n
(Principal) Secretary, Michele S. Minkford News and Title
�s. Address P. 0 Box 40328
Fort Woir l ,TX 76140
Witness as to Principal
SURETY:
Merchants BA ng Company (Mutual)
IF
ASST. BY o4
w
Sig �:ire
Sheryl
(Surety) Secret r News and Title
Address. 21.00 Fleur Drive
Dl's o es,IA 50,321
Witness as to Surety, John A. Miller
Telephone Numbers 1-800-678-8171
5
6 Note: If signed by an officer of the Surety,, there must be on file a certified extract from the
pr 7 bylaws showing that this person has authority to sign such obligation. if Surety's physical
address is different from its mailing address,both intrust be provided
91
�p
10 The date of the bond shall not be prior to the date the Contract is awarded.
11
END OF SECTION
12
i11 MMI
CITY OF FORT WORTH 2009 WSM-P
P)
STANDARD!CONSTRUCTION SPECIFICATION DOCUMENTS 01485
Revised July 1,2011
J/
0061 19- 1.
MAINTENANCE BOND
Page I of 3
BOND NO.TXC107214
SECTION oo 6119
1
)' 3 MAINTENANCE BONS
4
THE STATE of TEXAS
6 § KNOW ALL BY THESE PRESENTS.
7 COUNTY OF TA ANT
8
,J 9 That we William J. Schultz Inc. d a Circle C Construction C2Ma,pA. known as
10 "'Principal" herein and Hoch ,nts Bonding Company Mutn#1 , a corporate surety (sureties, if
11 more than one) duly authorized to do business in the State of Texas, known as Surety's herein
12 (whether one or more), are held and firmly hound unto the City, of Fort 'worth, a municipal
13 corporation created pursuant to the laws of the State of Texas, known as "City"'heron , in the sure
14 of Two Milhon, Two undr Ten Thousand, One Hundred Eleven and 00/100 DOLLARS
15 2,210,111. " , lawful money of the United States, to he paid in Fort Worth, Tarrant County,
16 Texas, for payment of which sum well and truly he made unto the City and its successors, we
17 hind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
18 firmly by these presents.
t
20 WHEREAS,, the Principal has entered into a certain written contract with the City awarded the
21 7", day of M 2013, which Contract is hereby referred to and a made part hereof for all
22 purposes as if fully,set forth herein, to furnish all materials, equipment labor and other accessories
23 as defined by law, in the prosecution of the Work, including any Work resulting from a duly
24 authorized Change order (collectively herein, the "Work." as provided for in said contract and
25 designated as Water and Sanitary Sewer Replacement Contract 2009 WSM- ', City P"roJ
+ ect
26 No. 1485,DOE No. 6589, and
27'
28 WHE ASS, Principal hinds 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 material's or workmanship for and during the period of two 2 years
1 after the date of Final Acceptance of the Work by they City("Maintenance Period"); and
2
CITY OF FORT WORTH 2009 WS -P
iD
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ANTS 0 1485
Revised July 1,2011
0061 I9-
pop MAINTENANCE BOND
Page 2 of 3
1. WHEREAS, Principal l birds itself to repair or reconstruct the "work in whole or in part
t
2 up y time within the Maintenance
�� receiving notice rcw`n ��� f .1.� r��� therefore ��
Period.
5 NOW THEREFORE, the condition off. this obligation is such that if Principal shall
110 V
remedy any defective Work, or which timely notice was provided by City, to a completion
7 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
8 full force and effect.
cct.
9
10 PROVIDED, H E,VER 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 a]l associated casts thereof being bo c by the Principal and
13 the Surety under this Maintenance bond; and
14
15 PROVEDED FURTHER,that if any legal action be filed on this fond, venue shall lie in
16 Tarrant Gaunt Texas car the United States i
County, States strict Court for the Northern District of cis, Fort
17 Worth Division; and
1
9 PROVIDED FURTHER, that t .s obligation shall be continuous in nature and
20 successive recoveries may be had hereon for successive breaches.
low/ 21
22
N
PON
�a
}
CITY OF FORTWORTH 2009 W'SM-P
HIM, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01485
Revised July I,2011
0061. 19-
MAINTENANCE BOND
Page 3 of 3
1 M WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
instrument b duly authorized agents and officers, this,7 day of 9213.
3
4 PRINCIPAL:
51 Wilfiam J Schultz inc dba
Circle C Construction COM M
BY
Signature
1!
ATTEST:
1
1 .._._.. Teresa S. Skelly- Niue President
13 (Principal) Secretary, l ehele& Lank r Name and Title
14
15 Address: P. 0. �ox 40328
1
1.7 Fort Worth T'X 76140
1
19 Witness as to Principal
PRO 20 SURETY:
21
22 Merchants4 din Cn an .ritual
23
24 BY,
25 Signature
2
27 Sheryl A., K utts Attorney-in-Fact
28, ATTEST: Name and Title
2
30 address: 2100 Fleur. r ye
31 (Sure Seeretar 0 Des Moines,1A 50321
`0
32 33 � 1 ON
34 Witness a to Surety,John A.Miller Telephone Number: 1-80,0-678-8171
3 *Note: If signed,by an officer,of the Surety Company, there must be on Isle 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.
391 The date of the bond shall not be prior r to the date the Contract is awarded.
P;,
CITY OF FORT WORTH 2009, SM-
),
STANDARD C O1 STRUCTION SPECI
FICATION N DOC1JMEN S 01485
Revised July 1,20 11
j
E
N C PA N Y
POWER F ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(M UTUTAL)and MERCHANTS NA"f ZONAL BONDING,
oF INC.,both being corporations duly organized under,the laws of the State of Iowa(herein collectively called the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
John A Miller" John R Stockton' K R Harvey; Sheryl A K utts
r
of Fort Worth and State of TX their,true and lawful Attorney-in-Fact,with full power
and authority hereby conferred) in their name, Iplace and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, reconi, ances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of..
TEN MILLION($10,)00:0,0001.00)DOLLARS
and to bind the Companies,thereby as fully and to the same extent as if each bond or undertaking was signed by the dulry
authorized officers of the Companies, and all the acts of said Attorney-in-Pact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-oaf-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Boards of
Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National
Bondling�,Inc.,on October 24,2011.
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any'`ldrice 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,recognizaincesw contracts of indemnity and other writings oblligatory in
a� 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 Witness Whereof,the Companies have caused this iinstrurnent to be signed and sealed this 1st day of January w 2012.MERCHANTS BONDING COMPANY(MUTUAL)
e;A�G.
A NA
C� � t , C.. 14P, (j*
lot,.,
�Ojj� 1933
( •
� By
7t:--7—o
,r �0
M ♦,ww 0 r
off V STATE OF IOWA 0
COUNTY OF POLK ss. � President
low
pp Larry y personally own,who being by me duly sworn did
On this �st day of ,�'���,� 2012,before me appeared Lar Taylor,to me rsorialll kn
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)AL and MERCHANTS NATIONAL BONDING, INC.. and
that the seals affixed to the foregoing instrument is the Corporate Seials,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.
P
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Cues Moines, Iowa,the day and year
first above written.
MARANDA NWALT
Commission Number 7703112
My Commission Expliires
October 28,201
r
Notary ublic, Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
1, William Varner,J!r.,Secretary of the 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 PO WER-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 se t my hand and affixed the seal of the Companies on
this 7th day of May 2 0113
040 0 AG . ..
.1 . '"
" Secretary
1933 4'::r*
4L Z
*** J 0 " a, �
P, r � � ► *
PA+ 014 (11/11 , " "
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IMPORTANT' N
To obtain r f rmatio n or mike a complaint:
You may contact your i�nsur nce agent at the telephone number provided by your insurance agent.
You may call Merchants Bonding Company's tall-free telephone number for information or to make a
compla"Int at.,
1-800478-8171
You may contact the Texas Department of Insurance to obtain it form l n on companies, coverages, rights or
Complaints at.*
1-800"2524439
You may writes the Texas Department f Insurance at
Pro
P'.01. Box 149104
Austin, TX 78714-9104
Fax: ('512)475_17
'web: http://www.ld'I.Elalglg,,U-s
E-mail: Consu merPr fe I'o tad L state tx.us
Should � dispute A C DISPUTES bout a claim
you should contact the agent first. If the dispute is not resolved, you may contact the'Texas: Department of
ATTACH THIS NOTICE TO YOUR -OLIC "r This notice its lbrinformatlion only and does not become a pa's
or condition of the attached doc,u merr .
SUP 0032 TX(7/07)
�y
DATE(MIU IDD/ )
CERTIFICATE OF LIABILITY I
5/9 '2013.
THIS CERTIFICATE A►TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON I THE CERTIFICA"rE HOLDER.,. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY'' OR NEGATIVELY AMEND, EXTEND CIS ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE TIFICATE F INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
h
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE A►TE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL NAIL INSURED, the policy ies must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsoment, A►statement on this certificate does not confer rights to the
certificate holder in Ilieu of such endorsement(s).
PRODUCER CONTACT Debrah Cherry
NAME:
S Insurance Agency I HONUE (972 771 40171 ,(972)'771-4695,
FAQ
E-MA,IL
2255 Ride Road, Ste. 333 ADDRES fiche pry @kandsins.com
P. 0. Box 277 INEURER S AFFORDING COVERAGE NAIIC
Rockwall TX 7'50
IN;I.IREN1 A MUul teC1. Fire & Casualty CoMany 13021
INSURED IN ,URE tB:Great American Insurance CO. 116691
William J Schultz, Inc. INSUI ER C:Texas Mutual Insurance Co..
10/p, dba Circle C Construction Company INSURER D.0 c ntinental Casualty Insurance e 04.43
500 W. Trammell INSURER E
Everma a TIC 76140 INSURER F
COVERAGES CERTIFICATE ISIUI EI 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. NOTWITH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH I THIIS
CERTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED AEI BY THE POLICIES 'DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED UCED EY PAID CLAIMS.
IINSR TYPE C 'INSURANCE LIMITS
POLICY NUMBER N D 'y M POLICY 1 r
GENERAL LIABILITY EACH H OCCURRENCE 11000,000
X COMMERCIAL t ENERAL LIABIILITY DAM T O R ICDCI 000
PNEM E NBEB Ira �ua�rrence «�
CLAIMS-MADE OCCUR 8531+6434 /12/2012 8/12/2013 MED E CP(Any one person) 510001
G7152 6/11, CG7131 12/04 PERSONAL&ADV INJURY ,0100,01010
GENERAL AGGREGATE 2,CI"CICI,CICI0
C EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIC P ACC 2,000,000 IL $
P POLICY PRO- LCC
AUTOMOBILE LIABILITY COMBINED 9INGLE LIMIT
Ea accident 000 1 4 0 CI
ANY AUTO
BODILY INJURY'(Per person) $
ALL OWNED SCHEDULED 85316434 /12/2012 8/12/2013 BODILY INJURY(Per accident)
AUTOS AUTO '
NON-OWNED PROPERTY DAMA E
HIRED AUTOS AUTOS Peraccident)
71019 1/06 Underinsured motorist 250,000
X UMBRELLA LIAR � OCCUR EACH OCCURRENCE ~ 5,00 CI,C 010,,
B EXCESS LIAR CLAIMS-MADE TUU033288802 AGGREGATE $ 51000,000
DED RETENTION 10,000 /12/2012 8/1.2/2013
C: S COMPENSATION 0 B 11 935 7 CI X ETA VJ C T H-
AND EMPTORY LJMITS F.9
LOYERS'LIABILITY
ANY P C'ROPRIET R/I AN""TNERIF-X�,C UTlvt-- YIN
E,L.EACH ACCIDENT 11000,01001
OFFICER MEMN ER EXCLUDED? N�A
C4��3C4� / ► /12/2012 /12/2013
(Mandatory In NH) E.L.DISEASE-EA EMPLOYE 1 O00 000
It yes
U describe ender
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 000 000
D CC ntraa t fir'e Equipment 032905705 8/12/2012 /12/20113 Lea ed/Reinted equip policy limit 500,000
Deductible: $1,000. Leased/rented equip per item 5001000
DESCRIPTION OPERATIONS 11 LOCATIONS/VEIC:ILIE'8
(Attach AC ORD 101,Additional Remarks rks Sche Iurle,if more apace Is required)
Project: later & Sanitary Swewer Replacements Contract t 200 WSM-P City Project No. 01485 DOE No. 65189.
10 See above listing of additional nal insured, and waiver of subrogation endorsement forms.
CERTIFICATE HOLDER CANCELLATION
ELLATIO
MR SHOULD ANY OF THE ABOVE DESCRIBED PC LICIIES BE CANCELLED BEFORE
THE EXPIRATION N GATE THEREOF, NOTICE WIILL BE DELIVERED INI
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
1000 Throckmor ton Street AUTHORIZED REPRESENTATIVE
Fort Worth, TX 76102
. alker-1/DEBBIE
ACORD 25 2010105) 1988-2010 AC ORD CORPORATION. All rights reserved.
IN,S025vminnrst oi T'him nzmtn ontl Inn, :3ra ironic raraari mark-c r%f,r r.r)pn