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HomeMy WebLinkAboutContract 56896-R2CSC No. 56896-R2 CITY OF FORT WORTH RENEWAL OF AGREEMENT WHEREAS, the City of Foil 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 exercised the first renewal of the ORIGINAL AGREEMENT for an additional term in the amount of $750,000.00; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for the second term in the amount of $750,000.00, funding for said SECOND RENEWAL is available in the 2022 operating budget of the Water and Sewer Capital Projects Fund, as appropriated in Ordinance #25773-09-2022. 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 $750,000.00. The Term of this renewal shall be for one year, effective as of the effective date or the expenditure of the funding, whichever occurs first. Article III There are no other changes to any other terms or conditions of the ORIGINAL AGREEMENT. Second Renewal of Agreement OFFICIAL RECORD William J. Schultz, Inc. dba Circle C Construction Company 2021 Water Lead Services Replacement Contract CITY SECRETARY FT. WORTH, TX EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. City of Fort Worth � AOff,M 2A,2 55 CDT) Dana Burghdoff Assistant City Manager DATE: May 28, 2023 APPROVAL RECOMMENDED: Chris Harder, P.E. Director, Water Department William J. Schultz, Inc, dba Circle C Construction Company Teresa S. Skelly President DATE: ,S- / - e-? APPROVED AS TO FORM AND LEGALITY: M&C: 23 -033(o Date: JL2,F1Z3 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. J. thris Underwood Project Manager ATTEST: Jannette S. Goodall City Secretary Second Renewal of Agreement OFFICIAL RECORD William J. Schult4 Inc. dba Circle C Construction Company CITY SECRETARY 2021 Water Lead Services Replacement Contract FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, April 25, 2023 REFERENCE NO.: **M&C 23-0336 LOG NAME: 6021WMLEAKREPAIR R2-CIRCLEC SUBJECT: (ALL) Adopt Appropriation Ordinance in the Amount of $900,000.00 to Fund the Second 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 2023-2027 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, from available funds, 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 2023-2027 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. On August 9, 2022, M&C 22-0589, the City Council authorized funding for the first renewal in the contract amount of $750,000.00. The City and the Contractor desire to exercise the second renewal of the contract in the amount of $750,000.00. 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 in 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. 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, instead of within the annual budget ordinance, 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 2023-2027 Capital Improvement Program, as follows: 6021 WMLEAKREPAIR1-CIRCLEC Capital Revised Fund Project FY2023 CIP Authority Budget Change FY2023 Name Name Appropriations (Increase/Decrease) Budget Fund 103327 56002 — Water — W&S Main Leak $0.00 This M&C $900,000.00 $900,000.00 Capital air Projects Ro�'ntract Funding is currently available in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the Water Main Leak Repair Contract project. Fund Existing Appropriations Additional Appropriations Project Total* W&S Capital Projects - Fund 56002 $1,800,000.00 $900,000.00 _ $2,700,000.00 Project Total $1,800,000.00 $900,000.00 $2,700,000.00 *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 Unspecified -All Funds project within the W&S Capital Projects Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for Water Main Leak Repair Cntrct project. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. FUNb IDENTIFIERS (FIDs).: TO Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department Accoun Project Program ctivity Budget Reference # moun 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. 6021WMLEAKREPAIR R2-CIRCLE C.docx (CFW Internal) 2. 6021WMLEAKREPAIR R2-CIRCLEC SAM.pdf (CFW Internal) 3. 6021 WMLEAKREPAIR R2-CIRCLEC FID Table (WCF 03.17.23).xlsx 4.ORD.APP 6021WMLEAKREPAIR R2-CIRCLEC 56002 A023(rl).docx 5. PBS CPN 103327.pdf (CFW Internal) (CFW Internal) (Public) 0061 13 - 1 PERFORMANCE BOND Page I of 2 BOND NO. TXC616794 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 9 "Principal" herein and Merchants Bondinu 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 Seven Hundred Fifty Thousand & 00/100 Dollars ($ 750,000.00), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and 15 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 25°i day of April, 2023, which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as 2021 Water Main Leak Repair Contract; City 22 Proiect No. 103327 — Second Renewal 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be fled on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT — SECOND RENEWAL Revised July 1, 2011 City Proiect No. 103327 006113-2 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 /VW day of 6 MAY 2023 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 al ATTEST: S crc�_ (Principal) Secretary Michele S ankford Witness as to Principal X 4;0 Witness as to Surety John A. Mt er PRINCIPAL: William J. Schultz. Inc. dba Circle C Construction Company BY: p cS Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 _Fort Worth, TX 76140 SURETY: N iyi = ,_ OR mmo W" �'w ,� Siinature i Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800) 678-8171 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT — SECOND RENEWAL Revised July 1, 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, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; Sheryl A Klults 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 20th day of March 2023 4k•-j,%O 4",# . • • "' • •. MERCHANTS BONDING COMPANY (MUTUAL) 4f, �'q< �:� • ••`ap��G COryjA.• MERCHANTS NATIONAL BONDING, INC. •�oipoRq�;, 2: : �oyo9,Pog9�9y�: d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 ; �; : y_ 1933 : c: By r:d�•. •� � : � STATE OF IOWA ••••'• �j `;?''' ••'�;Y .. •• President COUNTY OF DALLAS ss. f •�"""'••� On this 20th day of March 2023 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. , ,VOA" .o Kim Lee o Commission Number 702737 My Commission Expites ApH[ 14, 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 10 NA . O,y� oRPOR•. 0'.� ••�t�. PO A •• ' 2003 1933 C: Secretary :d•�'• •'ate; ••,d,;•.. �, .•:�d•.• 0061 14- 1 PAYMENT BOND Page I of 2 BOND NO. TXC616794 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 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), 10 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Seven 13 Hundred Fifty Thousand & 00/100 Dollars ($750,000.00), lawful money of the United States, 14 to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 15 made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 25"' day of April, 2023, 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 2021 Water Main Leak Repair Contract; City Project No. 103327 — Second 22 Renewal 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT— SECOND RENEWAL Revised July 1, 2011 City Project No. 103327 0061 14 - 2 PAYMENT BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 1810 day of 3 Il.a Y , 2023, 5 6 7 8 9 10 12 ATTEST: (Principal) Secretary Michele S. nkford Witness as to Principal PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 Fort Worth, TX 76140 SURETY: Merchants BQnAR Company Mutual ATTEST: BY: Signature (Surety) Secr X Witness as to Surety John A. ffiller Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800) 678-8171 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH 2O21 WATER MAIN LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT— SECOND RENEWAL Revised July 1, 2011 City Project No. 103327 ERCH1 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, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; 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 20th day of March 2023 �.. .• , • • G • • • , MERCHANTS BONDING COMPANY (MUTUAL) ... .... `NF.... , • MERCHANTS NATIONAL BONDING, INC. : y ;'OR R O , . R �'' 9 • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY _ VC, • 0 rn v 2003 : y 0- 0_ 1933 : c: By STATE OF IOWA ••��'• �;?�'• ••'�W 1 •��'�• President COUNTY OF DALLAS ss. `"""'`� ' •' On this 20th day of March 2023 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. Kim Lee - o Commis6on Number Ay Commis37 Commission Erps�2s¢r April 14, 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 0N4 Cp,�,'• _o- p:�� :ti: -o- x ' 2003 :' �' d 1933 b C: Secretary :,��i ., ��.� ••,do's,.. }*s.. •.. A POA 0018 (10/22)""`����' • • • • • • + 0061 19- 1 MAINTENANCE BOND Page I of 3 BOND NO. TXC616794 I SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 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 the State of Texas, known as "City" herein, in the sum 13 of Seven Hundred Fifty Thousand & 00/100 Dollars ($750,000.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well 15 and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 25th day of April, 2023, which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 23 designated as 2021 Water Main Leak Repair Contract; City Proiect No. 103327 — Second 24 Renewal; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH 2O21 WATER MINA LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT —SECOND RENEWAL Revised July I, 2011 City Project No. 103327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2021 WATER MINA LEAK REPAIR CONTRACT— SECOND RENEWAL City Project No. 103327 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 MAY , 2023. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ATTEST: m (Principal) Secretary Michele S. %Lfolr Witness as to Principal ATTEST: (Suret Secretary Witness as to Surety John A. Mil r PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 Fort Worth, TX 76140, SURETY: Merchants B 'n Com an Mutual BY: Signature Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800) 678-8171 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH 2O21 WATER MINA LEAK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPAIR CONTRACT— SECOND RENEWAL Revised July I, 2011 City Project No. 103327 RCHi'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, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; 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 20th day of March 2023 . ••....... •. �`P U ``., . • • "' • • . MERCHANTS BONDING COMPANY (MUTUAL) ,.••�P p< .•'�NG Cqhjo •• MERCHANTS NATIONAL BONDING, INC. ���j ,G�FI />•9� `�O �?,P099 gym.: d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Q 2 -o- 0 : ry-: � -o- o ; ;3 v : 2003 Z;` : y 1933 By %�.� ' ; ����. ••6� ...... • K\ President STATE OFIOWA •�'•����>��••.•'• •.•••�•.• COUNTY OF DALLAS ss. On this 20th day of March 2023 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. Q King Lee g '1 j Crimmic Ay Commission Expal32s37 v,•.,� April 14, 2024 l &-Q .-,r t Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of �. G ��•.2 : C> s ' 2003 1933 c; Secretary ;d W `A . POA 0018 (10/22) MERCHANTS' BONDING COMPANY,, MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 , DES MOINES, ]ON/VA 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. Boa 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) ACC>R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDnYYY) 5/19/2023 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(les) 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 NANNIEACT Kim Wright K&S Rockwall 0104 PHONE FAX • 972-771-4071 A/c No:972-771-4695 2255 Ridge Rd, Ste 333 E-MAIL Rockwall TX 75087 ADDRESS: kim.wrl ht kandsins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: FCCI Insurance Company 10178 INSURED WILLJSC-02 INSURER B : Travelers Property Casualty CO 25674 William J Schultz, Inc. dba Circle C Construction Company INSURER C: Texas Mutual Insurance Company 22945 500 W. Trammell Ave. INSURERD: Federal Insurance Company 20281 INSURERE: Everman TX 76140 INSURER F COVERAGES CERTIFICATE NUMBER:1382572824 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 L7R TYPE OF INSURANCE ADDL SUER POLICY NUMBER MO/DDY EFF MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP100051064 8/12/2022 8/12/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE FTI OCCUR DAMAGE TO RENTE PREMISES Ea occur ence $100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Z PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CA100051065 8/12/2022 8/12/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB X OCCUR CUP2S886795 8/12/2022 8/12/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? FN (Mandatory in NH) NIA 0002051085 8/12/2022 8/12/2023 X ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Contractors Equipment 06706289 8/12/2022 8/12/2023 Leased/Rented Equip 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 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. See Attached... CERTIFICATE HOLDER L;ANUt:LLA I IV The City of Fort Worth 200 Texas Street Fort Worth TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988.2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WILLJSC-02 LOC #: ACCW ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED K&S Rockwall 0104 William J Schultz, Inc. dba Circle C Construction Company 500 W. Trammell Ave. POLICY NUMBER Everman TX 76140 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 YS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS. 2021 Water Main Leak Repair Contract Second Renewal - City Project Number 103327 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Underwood, (Chris) J. From: O'Neal, Deirdre Sent: Thursday, May 25, 2023 2:13 PM To: Underwood, (Chris) J. Cc: Murphy, Donnette J Subject: FW: Certificate of Insurance -Circle C Const Attachments: 103327-2_Cert of Ins -Circle C.pdf Hello Chris, The COI meets the Standard Insurance Requirement. Please forward all future Insurance request to our new P&C Manager, Ms. Donnette Murphy. In the event she is not available, I am more than willing to assist. Thanl<you Deirdre O'Neal Deirdre O'Neal, AIC Sr. Property & Casualty Adjuster IM Risk Management 200 Texas Street Fort Worth, TX 76102 9 (817) 392-7403 1 A (817) 392-5874 City of Fort Wortlr — Working together to Guild a strong comnurnio. FORT WORTH Follow Fort Worth E C I V El From: Underwood, (Chris) J. <John.Underwood@fortworthtexas.gov> Sent: Thursday, May 25, 2023 10:06 AM To: O'Neal, Deirdre <Deirdre.ONeal@fortworthtexas.gov> Subject: Certificate of Insurance —Circle C Const Deirdre, Please find attached the Certificate of Insurance Acord for your review and approval. Th a n I<s, FORT WORTH. J. Chris Underwood Senior Engineering Tech Fort Worth Water Phone: 817-392-2629 Email: Jolin.Undcnvoodoa?FortWorthTexas.gov 927 Taylor Street Fort Worth, TX 76102 wNv-*v.FortWorthTexas.gov/water Clean water done right every time. ©©00