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Contract 59910 (2)
CSC No. 59910 FORTWORTH. PROJECT MANUAL FOR THE CONSTRUCTION OF NEW MAIN STREET OUTFALL STORM DRAIN Mattie Parker Mayor City Project No. 103262 Chris Harder Director, Water Department David Cooke City Manager Lauren Prieur Interim Director, Transportation and Public Works Department Prepared for The City of Fort Worth Water & TPW Department 2023 TRANSYSTEMS 500 W. Th Street, Suite 1100 Fort Worth, TX 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX m3-/3-.n,a23 FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 7/3/23, 8:45 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 6/13/2023 REFERENCE NO.: **M&C 23-0473 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas Fo_ H 20SW M NEW MAIN ST OUTFALL NO SUBJECT: (CD 2) Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of $9,242,595.00 for Construction of the Fort Worth Central City New Main St Outfall Storm Drain Project, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $9,242,595.00 for construction of the Fort Worth Central City New Main St Outfall Storm Drain project (City Project No. 103666); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Revenue Bonds 2020 Fund by increasing estimated receipts and appropriations in New Main St Outfall Storm Drain project (City Project Number 103666) in the amount of $603,000.00 and decreasing estimated receipts and appropriations in FWCC Cemetery Outfall & Houston project (City Project Number 103667) by the same amount; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in New Main St Outfall Storm Drain project (City Project Number 103666) in the amount of $5,714,000.00 of which $611,000.00 is from available funds and $5,103,000.00 is by decreasing estimated receipts and appropriations in other identified projects (City Project Nos. 103260,103261, 103667) totaling the same amount; and 4. Amend the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The construction contract recommended by this Mayor and Council Communication (M&C) will provide for construction services related to the Fort Worth Central City (FWCC) New Main St Outfall Storm Drain project. The Transportation and Public Works (TPW) Department Stormwater Program is advancing the funding for Main St Outfall FWCC project and will be reimbursed by the Tarrant Regional Water District (TRWD). This project will involve the relocation of storm drain and sanitary sewer lines, as indicated on the streets below, in preparation for the north and south bypass channel planned by the United States Army Corps of Engineers (USACE). The stormwater portion of the project will begin at the intersection of NE 8th St and Commerce St and outfall into theTrinity River, approximately L mile east of N Main St. Street From To Scope of work Commerce St NE 8th St/ Commerce St 21 ft Storm Drain Intersection SE NE 8th St and NE 8th St/ Commerce St 295 ft Storm Drain Commerce St Intersection E apps.cfvmet.org/council_packet/mc_review.asp?ID=31101&counciIdate=6/13/2023 1/5 7/3/23, 8:45 AM M&C Review NE 8th St and NE 8th St/ Commerce St 336 ft E Sanitary Sewer Commerce St Intersection NE 8th St/ Calhoun St 616 ft Storm Drain and Outfall (TRWD Property) Intersection NE structure NE 8th St/ Commerce St Abandon/ Cut and Plug NE 8th St Intersection 160 ft E Sanitary Sewer NE 8th St/ Calhoun St Abandon/ Cut and Plug NE 8th St Intersection 40 ft E Sanitary Sewer NE 8th St/Calhoun St 345 ft Calhoun St Intersection NW Abandon Storm Drain Pipe The project was advertised for bids on 3/30/2023 and 4/6/2023 in the Ft. Worth Star Telegram. On 5/4/2023, the following bids were received: Bidder William J. Schultz, Inc. Base Bid Alternate A Alternate B Alternate A+B dba Circle C $10,710,495,.00 $9,242,595.00 $10,735,770.00 $9,267,870.00 Construction Company S J Louis Construction of Texas LTD $15,045,772.00 $14,248,121.50 $15,415,924.50 $14,273,059.50 Fort Worth Civil Constructors it $15,443,155.10 $13,330,078.10 $15,474,476.10 $13,361,419.10 Ragle Inc $14,310,260.45 $11,374,460.45 $14,343,960.45 $11,408,160,45 Based on the received bids, the City is moving forward with the Alternative A bid from Circle C Construction. In addition to the contract amount, $611,603.00 is necessary for project management, inspection, and material testing and $462,129.75 is provided for project contingencies. As a part of this M&C, Stormwater 2020 Revenue Bond funding will be transferred into this project from currently funded projects to fund the construction project. The 2020 Revenue Bond funds will be transferred from the FWCC Cemetery Outfall & Houston project. Stormwater Paygo funding will be transferred from FWCC 5th St. Greenleaf Sump, FWCC Bazaar Outfall, FWCC Cemetery outfall & Houston projects, and Stormwater UNSPEC which is primarily comprised of residual funding from completed projects. The reallocation of funding from the projects listed above will serve as an interim use of existing resources and appropriations to support the delivery schedules of FWCC drainage projects until a short term financing mechanism takes its place. After careful review and collaboration with Financial Management Services and the City's financial advisors, the Stormwater Program has identified commercial paper as the most suitable short term financing option to support the timing and delivery of FWCC drainage projects. To that end and on June 27th, the Stormwater Program will be requesting Mayor and Council's approval of a Commercial Paper program to facilitate the short term financing, capital, and cashflow needs pertaining to the FWCC drainage projects. Once the Stormwater commercial paper program is in place, the funding sources currently assigned and appropriated to FWCC drainage projects will be restored and reprogrammed back to Stormwater critical capital projects. Appropriations for the FWCC New Main St Outfall project are as depicted below: Fund Existing Additional Adjustments Project Total Appropriations Appropriations apps.cfvmet.org /council_packet/mc_revi ew.asp?ID=31101 &counciIdate=6/13/2023 2/5 7/3/23, 8:45 AM M&C Review 52007 - Stormwater Rev Bonds 2020 ?$1,775,000.00 $603,000.00 $0.00 $2,378,000.00 Fund (103666) 52007 - Stormwater Rev Bonds 2020 $675,000.00 $0.00 ($603,000.00) $72,000.00 Fund (103667) 52002 - Stormwater Capital Projects Fund $2,225,000.00 $5,714,000.00 $0.00 $7,939,000.00 (103666) 52002 - Stormwater Capital Projects Fund $2,325,261.00 $0.00 ($2,324,000.00) $1,261.00 (103260) 52002 - Stormwater Capital Projects Fund $1,830,397.00 $0.00 ($1,830,000.00) $397.00 (103260) 52002 - Stormwater Capital Projects Fund $949,929.00 $0.00 ($949,000.00) $929.00 (103667) 52002 - Stormwater Capital Projects Fund $7,327,493.04 $0.00 ($611,000.00) $6,716,493.04 (UNSPEC) Project Total $17,108,080.04 $6,317,000.00 ($6,317,000.00) $17,108,080.04 Capital Fund FY2023 CIP Budget Change Revised FY2023 Name Project Name Appropriations Increase/Decrease ( ) Budget 52007- 103666 — Stormwater Rev FWCC New $1,775,000.00 $603,000.00 $2,378,000.00 Bonds 2020 Main St Outfall Fund & 8? 52007- 103667 — Stormwater Rev FWCC Cemetery $675,000.00 ($603,000.00) $72,000.00 Bonds 2020 outfall & Fund Houston 52002- 103666 — Stormwater FWCC New $2 225,000.00 $5,714,000.00 $7,939,000.00 Capital Projects Main St Outfall ' Fund & 8? 52002- 103260 — Stormwater FWCC th St $2,325,261.00 ($2,324,000.00) $1,261.00 Capital Projects Greenleaf Fund Sump 52002- 103261 — $1,830,397.00 ($1,830,000.00) $397.00 Stormwater FWCC Bazaar Outfall apps.cfvmet.org /council_packet/mc_revi ew.asp?ID=31101 &counciIdate=6/13/2023 3/5 7/3/23, 8:45 AM M&C Review Capital Projects Fund 52002 - 103667 — Stormwater FWCC Capital Projects Cemetery $949,929.00 ($949,000.00) $929.00 Fund Outfall & Houston 52002 - Stormwater UNSPEC $7,327,493.04 Capital Projects ($611,000.00) $6,716,493.04 Fund Project Total $17,108,080.04 $0.00 $17,108,080.04 Due to TRWD water quality regulations associated with the outfall location of these storm drain improvements, this project will install a specialized water quality treatment inlet device in 1 inlet, which will require a higher level of maintenance than the existing system's inlets. This additional maintenance is expected to cost Stormwater field operations an additional $300.00/year to maintain. Construction is expected to start in July 2023 and be completed by August 2024. The $9,242,595.00 amount of this contract, the $100,000.00 material testing fee (to be performed by a geotechnical testing firm), and the $255,453.00 inspection fee (to be performed by an inspection firm) are considered FWCC-related work, which are eligible for funding from Tax Increment Reinvestment Zone No.9 (Trinity River Vision TIF) pursuant to the TRVA Project Plan. Having met its $26.6 million commitment to the TRV Project, the City will be reimbursed the amount of $9,598,048 by the TRWD upon project completion, in accordance with the provisions of the executed Interlocal Agreement between the City and the TRW D (City Secretary Contract No. 43425). Staff will record a receivable every month for reimbursable expenses, and the FWCC Program Manager in the FW Lab Department will be responsible for collecting the full reimbursement from TRWD upon project com pletion. Business Equity— William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City's Business Equity Ordinance by committing to 9\% Business Equity participation on this project. The City's Business Equity goal on this project is 8\%. This project is located in COUNCIL DISTRICT 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the various capital projects within the Stormwater Rev Bonds 2020 Fund and various capital projects with the Stormwater Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Stormwater Rev Bonds 2020 Fund and Stormwater Capital Projects Fund for FWCC New Main St Outfall & 8 project to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I Year (Chartfield 2) apps.cfvmet.org /council_packet/mc_revi ew.asp?ID=31101 &counciIdate=6/13/2023 4/5 7/3/23, 8:45 AM Submitted for City Manaqer's Office by; M&C Review William Johnson (5806) Originating Department Head: Additional Information Contact: ATTACHMENTS Lauren Prieur (6035) Linda Young (2485) 20SWM NEW MAIN ST OUTFALL funds availabilitv.pdf (CFW Internal) 20SWM NEW MAIN ST OUTFALL Updated FID.xlsx (CFW Internal) Compliance Memo Sianed 5.19.23AI.pdf (CFW Internal) M&C CPN103262 Main Street Map.pdf (Public) ORD.APP 20SWM NEW MAIN ST OUTFAL 52002 (Rec3),(Rev5.26.23).docx ORD.APP 20SWM NEW MAIN ST OUTFAL 52007.docx (Public) SAM.gov Search.pdf (CFW Internal) SKM C250i23051709360.Ddf (CFW Internal) (Public) apps.cfvmet.org /council_packet/mc_revi ew.asp?ID=31101 &counciIdate=6/13/2023 5/5 005243-1 Agreement Page 1 of 9 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 6/13/2023, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and William J. Schultz, Inc. dba Circle C Construction Company, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor mayjointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: New Main Street Outfall Storm Drain City Proiect Number 103262 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of nine million, two hundred and forty two thousand - five hundred and ninety five dollars Dollars ($9,242,595.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 365 Calendar Days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised 8/22/2022 005243-2 Agreement Page 2 of 9 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City One Thousand Two Hundred Fifty Dollars ($1.250.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised 8/22/2022 005243-3 Agreement Page 3 of 9 i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made apart of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 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 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to overate and be effective even if it is alleeed or proven that all or some of the damaees beine soueht were caused. in whole or in cart, by anv act. omission or neelieence of the citv. This indemnity 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. CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised 8/22/2022 005243-4 Agreement Page 4 of 9 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is soecifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in Dart. by anv act. omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised 8/22/2022 005243-5 Agreement Page 5 of 9 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 New Main Street Outfall Storm Drain City Project No 103262 005243-6 Agreement Page 6 of 9 companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised 8/22/2022 005243-7 Agreement Page 7 of 9 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in anyway responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised 8/22/2022 005243-8 Agreement Page 8 of 9 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: M Teresa Skelly (Jut 18, 2X314:56 CDT) Signature Teresa Skelly (Printed Name) President Title PO Box 40328 Address Fort Worth, TX 76140 City/State/Zip City of Fort Worth M t3X-4QJ---11 William Johnson (ALJ 1, 202311:12 CDT) William Johnson Assistant City Manager Aug 1, 2023 Date o� pORr�QQ °°°lY�adO ��.�° p�.8 °. Attest: ago osd pip f °°° °° Jannette Goodall, City Secretary (Seal) J u t 18, 2023 M&C: 23-0473 Date Date:6/13/2023 Form 1295 No.: 2023-1041757 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 New Main Street Outfall Storm Drain City Project No 103262 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 005243-9 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 Agreement Page 9 of 9 ensuring all performance and reporting requirements. IkAx A, -A Max Aransen (J u 124, 2023 07:31 CDT) Max Aransen Project Manager Approved as to Form and Legality: DBlack (Jul 31, 2023 11:51 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: X Lauren Prieur (Ju128, 202316:50 CDT) Lauren Prieur, P.E., Director Transportation & Public Works Department New Main Street Outfall Storm Drain City Project No 103262 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 BOND NO. TXC616795 SECTION 00 6114 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 006114-1 PAYMENT BOND Page 1 of 3 That we, William.J. Schultz, Inc. dba Circle C Construction Comaanv known as "Principal" herein, and McIchants BOudine COmaauv (Mutual) a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" Nine Million, Two Hundred Forty -Two Thousand, Five herein, in the penal sum of Hundred Ninety -Five and No/100****************** Dollars ($ **9,242,595.00** - _J, lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, forthe payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 13th day of June , 20 23 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 20 equipment, labor and other accessories as defined by law, in the prosecution of the Work as 21 provided for in said Contract and designated as New Main Street Outfall Storm Drain, City 22 Project Number 103262. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall 24 pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of 25 the Texas Government Code, as amended) in the prosecution of the Work under the Contract, 26 then this obligation shall be and become null and void; otherwise to remain in full force and 27 effect. CITY OF FORT WORTH New Main Street Ou"I Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised July 1, 2011 006114-2 PAYMENT BOND Page 2 of 3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of 2 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument 5 by duly authorized agents and officers on this the 17 day of �u 6 20 23 7 ATTEST: Michele S. Lankford (Principal) Secretary Witness as to Principal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 PRINCIPAL: William J. Sebultzjac. dba __— Circle C Construction Company BY: Signature Teresa S. Skelly Name and Title Address: 500 Trammell P. O. Box 40328 Fort Worth, TX. 76140 SURETY: Merchants Bonding Company (Mutual) New Main Street Outfall Storm Drain City Project No 103262 1 2 3 4 S ATTEST: (Surety) Secretary . W04c0ow'. 44e . John A. Miller Witness as to Surety 006114-3 PAYMENT BOND Page 3 of 3 BY: 4-j�� ae6�� Signature Sheryl A. Klutts, Attonley-in-Fact Name and Title Address: 6700 WestowJl Parkwav West Des Moines. IA 50266-7754 Telephone Number: L00L678-8171 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. 6 The date of the bond shall not be prior to the date the Contract is awarded. VA 8 END OF SECTION CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised July 1, 2011 MEN CHANT's'%%, BONDING CQMPANY� 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 •""`"'"• ......... MERCHANTS BONDING COMPANY (MUTUAL) P�10N4��' t •�Q�CO MERCHANTS NATIONAL BONDING, INC. :�aFtPU/�q �•�4yQ�pOg99y: d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Cj 2003 ; �s� y Y 1933 By •:d �: gad, cN tr :•••�•......... •.•� .......,�'a•• 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. •� Kim Lee: a Commission NLLTber 7C2737 ` My Commission Expires Apti[ 14, 2T4 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. 2003 v: 1933 C' Secretary . �. A . POA 0018 (10/22)""""`� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 006113-1 PERFORMANCE BOND Page 1 of 4 BOND NO. TXC616795 SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, William J. Schultz, Inc. dba Circle C Construction Comvanv . known as "Principal" herein and Merchants Bonding Comvanv (Mutual) , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporationcreated pursuant to the laws of Texas known as "City" herein, in the Nine Million, Two Hundred Forty -Two Thousank Five penal sum of, Hundred Ninety-Fivrl Na/1 Dollars ($ **9,242,595.00** ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 13th day of . June , 2023, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as New Main Street Outfall Storm Drain, City Project Number 103262. 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 25 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 26 perform the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised July 1, 2011 006113-2 PERFORMANCE BOND Page 2 of 4 1 extension of the Contract that may be granted on the part of the City, then this obligation shall 2 be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 4 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Division. 6 This bond is made and executed in compliance with the provisions of Chapter 2253 of 7 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statue. 9 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 10 instrument by duly authorized agents and officers on this the J7_day of 11 20 23 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: nt) �� -)IA— Michelle S. Lankford (Principal) Secretary PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY; - %�A .ss� Signature Teresa S. Skelly Name and Title CM OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCU M ENTS City Project No 103262 Revised July 1, 2011 1 2 3 4 5 6 7 8 Witness as to Principal 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 006113-3 PERFORMANCE BOND Page 3 of 4 Address: 500 W. Trammell P. Q. Box 40328 Fort Worth, TX 76140 SURETY: Merchants Bonding Company (Mutual) i ABY: c Sign tyre Sheryl A. Klutts,. Attorney -in -Fact Name and Title Address: 6700 Westown Parkway_ West DesMoines, IA 50266-7754 New Main Street Outfali Storm Drain City Project No 103262 1 2 3 4 S 6 7 8 9 10 1 o Sure Jalm A. Miller Telephone (800)678-8171 006113-4 PERFORMANCE BOND Page 4 of 4 Number: *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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 New Main Street Outfall Storm Drain City Project No 103262 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 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 - ............ . ......... • -' MERCHANTS BONDING COMPANY (MUTUAL) 10•NA� •� •�00 Cq* •. MERCHANTS NATIONAL BONDING, INC. �y ,4oEtPORq�� : yOCa0ElP0iQ•�.�q�..c • d/bia MERCHANTS NATIONAL INDEMNITY COMPANY 2003 , r) y 1933 : c: By ' y �' ............ .......• ov'4 ' .d�Y fr �1�� President ., �. STATE OF IOWA '•.,, L�f •.•' '•. • �.• 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. 4�. °_ <n. Kim Lee o : r %ommi om ssm 7{#273i � ;�`: fafy Commission Expires Aprit 14, 2(i24 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 �0N 4N� a .• ?2r2 �' -D-co: v'. 2003 - y 1933 Secretary POA 0018 (10/22) 006119-1 MAINTENANCE BOND Page 1 of 4 BOND NO. TXC616795 i SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § S § KNOW ALL BY THESE PRESENTS: 6 COU NTY 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 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" Nine Million, Two Hundred Forty -Two Thousand, Five 13 herein, in the sum of Hundred Ninety -Five and No/100*************** Dollars 14 ($ **9,242,595.00** ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 13th day of. June 1, 202-3. which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as New Main Street Outfall Storm 25 Drain, City Project Number103262; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised July 1, 2011 006119-2 MAINTENANCE BOND Page 2 of 4 1 remain free from defects in materials or workmanship for and during the period of two (2) years 2 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 5 receiving notice from the City of the need therefor at any time within the Maintenance Period. 11 7 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 8 any defective Work, for which timely notice was provided by City, to a completion satisfactory 9 to the City, then this obligation shall become null and void; otherwise to remain in full force and 10 effect. 11 12 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 13 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 14 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal 15 and the Surety under this Maintenance bond; and 16 17 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 18 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 19 Worth Division; and 20 21 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 22 recoveries may be had hereon for successive breaches. 23 24 25 CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised July 1, 2011 00 61 19 3 MAINTENANCE BOND Page 3 of 4 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 17 day of J . �y 3 20 23 4 S 6 7 8 9 10 11 12 13 14 ATTEST. 15 16 17 Michele S. Lankford 18 (Principal) Secretary 19 20 21 _ 22 23 24 2S 26 27 Witness as to Principal 28 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1.2011 PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: � C Signature Teresa S. Skelly_ President Name and Title Address: 500 W_ Trammell P. O. Box 40328 Fort Worth, TX 76140 SU RETY' New Main Street Outfall Storm Drain City Project No 103262 1 2 3 4 5 6 7 8 9 10 11 12 ATTEST: 13 14 15 16 (Surety) Secretary 17 i 18 19 20 John A. Miller 21 Witness as to Surety 22 23 006119-4 MAINTENANCE BOND Page 4 of 4 Merchants Bonding Company (Mutual) Sheryl A. Mutts. Attorney -in -Fact Name and Title Address: 500 Westown Parkway West Des Moines. IA 50266-7754 Telephone (800)678-8171 Number: 24 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 25 from the by-laws showing that this person has authority to sign such obligation. If 26 Surety's physical address is different from its mailing address, both must be provided. 27 The date of the bond shall not be prior to the date the Contract is awarded. 28 CITY OF FORT WORTH New Main Street Outfall Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 103262 Revised July 1, 2011 MERCi i,ANTS 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 �+V1.I.IO ""• • • G MERCHANTS BONDING COMPANY (MUTUAL) ..0)Vq� ••f•� �... Co MERCHANTS MERCHANTS NATIONAL BONDING, INC. `Ciy�'4�POR9 �O'y : �,C, •- T,P0,9 '•,9•� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Ste, 2U ��;; y ; : y . 9,,�.?,c. j ' 2003 ; 1933 : c: By • 'C��' • .� • .... ''1 ,• !1i''••••••''.r� , . ` • President STATE OF IOWA •''••....�.�f,...•• '•. • �^. •,.• 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. �S H'� C ffin Kim Lee r Commig6on Number pi es 7 . My �,ammissmon Exp!: 1r4 APHI 14, 2T4 §�" &u--,, 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 .fflfffl •. �� �••• •'�AION4t .• G 0 . .•gyp, .......... < •• • �p11? .. G ,y� •. Z': 2003 '� . y' 1933 b: �; Secretary ;dam. •��a�:� •.•di,.• .••`1••. POA 0018 (10/22) """ MERCHANTS BONDING COMPANY,. MERCCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 • DES MOINES. IOWA 50306-3498 , (800) 678-8171 • (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515)243-81.71 (800)678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) 103262 New Main St Outfall Contract Agreement and Bonds Final Audit Report 2023-08-08 Created: 2023-07-21 By: Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAAwp_ZCb2UT08h_uo_GgOV8ohfS65mFNp "103262 New Main St Outfall Contract Agreement and Bonds" H istory Document created by Sadie.Ishmael@fortworthtexas.gov 2023-07-21 - 9:47:57 PM GMT- IP address: 204.10.90.100 Signer Sadie.Ishmael@fortworthtexas.gov entered name at signing as Sadie Ishmael 2023-07-21 - 9:58:20 PM GMT- IP address: 204.10.90.100 &0 Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date: 2023-07-21 - 9:58:22 PM GMT - Time Source: server- IP address: 204.10.90.100 24 Document emailed to max.aransen@fortworthtexas.gov for signature 2023-07-21 - 9:58:28 PM GMT Email viewed by max.aransen@fortworthtexas.gov 2023-07-24 - 12:31:27 PM GMT- IP address: 104.47.64.254 GS© Signer max.aransen@fortworthtexas.gov entered name at signing as Max Aransen 2023-07-24 - 12:31:53 PM GMT- IP address: 155.130.130.204 &,D Document e-signed by Max Aransen(max.aransen@fortworthtexas.gov) Signature Date: 2023-07-24 - 12:31:55 PM GMT - Time Source: server- IP address: 155.130.130.204 El* Document emailed to m.lankford@circlecconstruction.com for approval 2023-07-24 - 12:32:01 PM GMT Email viewed by m.lankford@circlecconstruction.com 2023-07-24 - 12:53:38 PM GMT- IP address: 68.191.221.209 GS© Signer m.lankford@circlecconstruction.com entered name at signing as Michele Lankford 2023-07-24 - 12:54:47 PM GMT- IP address: 68.191.221.209 FDRTWORTHs I Paw m"Y Adobe Acrobat Sign J Document approved by Michele Lankford (m.lankford@circlecconstruction.com) Approval Date: 2023-07-24 - 12:54:49 PM GMT - Time Source: server- IP address: 68.191.221.209 Document emailed to deirdre.oneal@fortworthtexas.gov for approval 2023-07-24 - 12:54:55 PM GMT Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) added alternate approver donnette.murphy@fortworthtexas.gov. The original approver deirdre.oneal@fortworthtexas.gov can still approve. 2023-07-28 - 4:58:00 PM GMT- IP address: 204.10.90.100 C—�y Document emailed to donnette.murphy@fortworthtexas.gov for approval 2023-07-28 - 4:58:00 PM GMT Email viewed by donnette.murphy@fortworthtexas.gov 2023-07-28 - 7:10:07 PM GMT- IP address: 204.10.90.100 GS© Signer donnette.murphy@fortworthtexas.gov entered name at signing as Donnette Murphy 2023-07-28 - 7:10:31 PM GMT- IP address: 204.10.90.100 60Document approved by Donnette Murphy (don nette. murphy@fortworthtexas.gov) Approval Date: 2023-07-28 - 7:10:39 PM GMT - Time Source: server- IP address: 204.10.90.100 P4 Document emailed to patricia.wadsack@fortworthtexas.gov for approval 2023-07-28 - 7:10:40 PM GMT Email viewed by patricia.wadsack@fortworthtexas.gov 2023-07-28 - 7:49:13 PM GMT- IP address: 204.10.90.100 eS© Signer patricia.wadsack@fortworthtexas.gov entered name at signing as Patricia L. Wadsack 2023-07-28 - 8:32:33 PM GMT- IP address: 204.10.90.100 41 Document approved by Patricia L. Wadsack (patricia.wadsack@fortworthtexas.gov) Approval Date: 2023-07-28 - 8:32:35 PM GMT - Time Source: server- IP address: 204.10.90.100 C'y Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2023-07-28 - 8:32:41 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2023-07-28 - 9:49:49 PM GMT- IP address: 108.209.194.42 4 Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2023-07-28 - 9:50:24 PM GMT- IP address: 108.209.194.42 &0 Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Date: 2023-07-28 - 9:50:26 PM GMT - Time Source: server- IP address: 108.209.194.42 FoRTWORTHs I P°`4'y Adobe Acrobat Sign Document emailed to doug.black@fortworthtexas.gov for signature 2023-07-28 - 9:50:31 PM GMT Email viewed by doug.black@fortworthtexas.gov 2023-07-31 - 4:41:59 PM GMT- IP address: 204.10.90.100 J Signer doug.black@fortworthtexas.gov entered name at signing as DBlack 2023-07-31 - 4:51:13 PM GMT- IP address: 204.10.90.100 J Document e-signed by DBlack (doug.black@fortworthtexas.gov) Signature Date: 2023-07-31 - 4:51:15 PM GMT -Time Source: server- IP address: 204.10.90.100- Signature captured from device with phone number XXXXXXX4583 Document emailed to William.Johnson@fortworthtexas.gov for signature 2023-07-31 - 4:51:22 PM GMT Email viewed by William.Johnson@fortworthtexas.gov 2023-08-01 - 4:10:52 PM GMT- IP address: 204.10.90.100 Signer William.Johnson@fortworthtexas.gov entered name at signing as William Johnson 2023-08-01 - 4:12:06 PM GMT- IP address: 204.10.90.100 Document e-signed by William Johnson (William.Johnson@fortworthtexas.gov) Signature Date: 2023-08-01 - 4:12:08 PM GMT - Time Source: server- IP address: 204.10.90.100 Document canceled by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2023-08-08 - 2:47:43 PM GMT- IP address: 204.10.90.100 FDRTWORTHs I P°`4'y Adobe Acrobat Sign FO RT WO RT H�� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: FWCC New Main Street Outfall M&C: 23-0473 CPN: 103262 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Max Aransen TPWMA - Jul 24, 2023 2. Michele Lankford Contractors Jul 24, 2023 3. Deirdre O'Neal Risk Mgmt Jul 28, 2023 4. Patricia Wadsack TPW PL. LW Jul 28, 2023 5. Lauren Prieur TPW Jul 28, 2023 6. Doug Black Legal ,� J u 131, 2023 7. William Johnson CMO LL7 Aug 1, 2023 8. Ronald Gonzales CSO R Aug 8, 2023 9. Jannette Goodall CSO g Aug 8, 2023 10. Allison Tidwell CSO A' Aug 8, 2023 11. TPW SW Contracts TPW SW CC: Program Manager — Linda Young, Sr. CPO — Lissette Acevedo, TPW BSPAP Recon Team — Cindy Sengathith DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: tow sw contracts(affortworthtexas. gy Call 817-229-3283 with questions. Thank you!