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HomeMy WebLinkAbout059064-R2 - Construction-Related - Contract - William J. Schultz, Inc. dba Circle C Construction CompanyCSC No. 59064-R2 CITY OF FORT WORTH RENEWAL OF AGREEMENT WHEREAS, this Second Renewal of Agreement is between the City of Fort Worth, ("CITY"), and William J. Schultz, Inc. dba Circle C Construction Company ("CONTRACTOR"); and WHEREAS, CITY and CONTRACTOR entered into that certain Original Agreement (City Secretary 459064; M&C 23-0130) for Water Main Replacement Contract 2022, and WHEREAS, M&C 23-0130 authorized up to two renewals of the Original Agreement; and WHEREAS, CITY and CONTRACTOR executed Renewal No. I to the Agreement on December 10, 2024 as provided for by M&C 24-1 138; and WHEREAS, the parties desire to renew the Original Agreement; and WHEREAS, funding for this renewal is available as appropriated by M&C 26-0017. NOW, THEREFORE, it is agreed by the CITY and CONTRACTOR as follows: Article I The Original Agreement, as amended, is hereby renewed for another term as described therein. Article II The CONTRACTOR's compensation for this Renewal shall remain $1,000,000.00, as specified in the Original Agreement. Article III All other provisions of the Original Agreement, as amended, shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Renewal ol'Agreement Water Main Replacement Contract 2022 Circle C Construction Company City Secretary No. 59064 Cite Protect No. 104265 Page I o1'2 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth op�v, Jesica McEachern Assistant City Manager DATE: 04/18/2026 APPROVAL RECOMMENDED: Christopher }+artier Christopher Harder (Aor 10, 2026 07:50:09 CDT) Chris Harder, P.E. Director, Water Department William J. Schultz, Inc. dba Circle C Constructoin Company �4 ' Teresa S. Skelly President DATE: 1)7aic.4 /z r 2o2G APPROVED AS TO FORM AND LEGALITY Douglas Black (Apr 13, 2026 15:16:40 CDT) Douglas W. Black g--IMk 4 ;ao� F°Rrw$ Senior Assistant City Attorney ,XIA,- °9d0 �o Ovo �=d P a ATTEST: QaQ�no544a Jannette S. Goodall City Secretary Contract Compliance Manager: M&C: 23-0130(auth.), 26-0017(Fundinp_) Date: 1 / 13/2026 Form 1295:2025-1353238 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting re irements. OFFICIAL RECORD Lawrence l-1 milton CITY SECRETARY Senior Professional Engineer FT. WORTH, TX Second Renewal of Agreement Water Main Replacement Contract 2022 Circle C Construction Company City Secretary No. 59064 City Prgiect No. 104265 Page 2 of 2 4/8/26, 6:25 PM M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 14, 2023 REFERENCE NO.: **M&C 23-0130 LOG NAME: 60WMAINREPL2022-CIRCLEC SUBJECT. (ALL) Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of $1,000,000.00 for Water Main Replacement Contract 2022, with Two Optional Renewals, and Adopt Appropriation Ordinance 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: 1. Authorize execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,000,000.00, for Water Main Replacement Contract 2022, with two optional renewals; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,300,000.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the Misc 2022 Water Main Replacements project (City Project No. 104265) to effect a portion of Water's contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,000,000.00, for Water Main Replacement Contract 2022, with two optional renewals. The work to be performed under this contract consists of repairing, replacing or relocating water mains and services as required to provide quality water service to individual customers or developers. While funding for this project comes from the Water and Sewer Capital Fund, the Water Department issues work orders to the contractor after payment of applicable estimated costs by the customer and/or developer. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $1,000,000.00. Final payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew this contract two times under the same terms, conditions and unit prices subject to appropriated funding. The project was advertised for bid on August 25, 2022 and September 1, 2022 in the Fort Worth Star - Telegram and on September 22, 2022 the following bids were received: Bidder Amount Time of Fcompletion William J Schultz, Inc. dba Circle C Construction Company $6,283 225.00 365 Calendar Days Staff has reviewed the proposed unit prices and considers them to be fair and reasonable. In addition to the contract amount, $300,000.00 is required for project management, material testing and inspection. apps.cfwnet.org/ecounciI/printmc.asp?id=30756&print=true&DocType=Print 1 /3 4/8/26, 6:25 PM M&C - Council Agenda It is the practice of the Water Department to appropriate its Capital Improvement Program (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: 60WMAINREPL2022-CIRCLEC apital C Fund Name Project Name FY2023 CIP Appropriations Authority Budget Change (Increase/ Decrease) Revised FY2023 Budget 56002 - 104265 — W&S Misc Capital 2022 $0.00 This M&C $1,300,000.00 $1,300,000.00 Projects Water Fund Main Repl Funding is budgeted in the Transfer to Water/Sewer account of the Water Capital Project Department's Water & Sewer Fund for the purpose of funding the Misc 2022 Water Main Replacement project within the Water & Sewer Capital Projects Fund. Appropriations for Water Main Replacements Contract 2022 as depicted below: Fund Existing Appropriations Additional Appropriations project Total* W&S Capital Project- Fund 56002 $0.00 $1,300,000.00 $1,300,000.00 Project Total $0.00 $1,300,000.00 $1,300,000.00 *Numbers rounded for presentation purposes. This project will have no impact on the Water Department's operating budget when completed. Business Equity: William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City's Business Equity Ordinance by committing to 12 percent Business Equity participation on this project. The City's Business Equity goal on this project is 12 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Water & Sewer Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Misc 2022 Water Main Repl project to support the approval of the above recommendations and execution of the contract. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivityC Budget Reference # mount ID - 1i A Year (Chartfield 2) apps.cfwnet.org/ecounciI/printmc.asp?id=30756&print=true&DocType=Print 2/3 4/8/26, 6:25 PM M&C - Council Agenda FROM Fund Department Account Project ProgramActivity Budget Reference # Amount II ID I ID I j Year (Chartfield 2) j J CERTIFICATIONS: Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Adolfo Lopez (7829) ATTACHMENTS 1. 60WMAINREPL2022-CIRCLEC 1295 Form.pdf (CFW Internal) 2. 60WMAINREPL2022-CIRCLEC Compliance Memo.pdf (CFW Internal) 3. 60WMAINREPL2022-CIRCLEC FID TABLE (WCF 01.13.23).xlsx (CFW Internal) 4. 60WMAINREPL2022-CIRCLEC funds availability_pdf (CFW Internal) 5. 60WMAINREPL2022-CIRCLEC SAM.pdf (CFW Internal) 6. ORD.APP 60WMAINREPL2022-CIRCLEC 56002 A023(r2)_(1).pdf (Public) 7. PBS CPN 104265.pdf (CFW Internal) apps.cfwnet.org/ecouncil/printmc.asp?id=30756&print=true&DocType=Print 3/3 Official site of the City of Fort Worth, Texas ACITY COUNCIL AGEND F..... NTH Create New From This M&C DATE: 1/13/2026 REFERENCE **M&C 26- LOG NAME: 60WMAINREPL2022R2- NO.: 0017 CIRCLEC CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Adopt Appropriation Ordinance in the Amount of $1,300,000.00 to Fund the Second Renewal of Water Main Replacements Contract 2022, with William J. Schultz, Inc. dba Circle C Construction Company to Effect a Portion of Water's Contribution to the Fiscal Years 2026-2030 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 Fund in the amount of $1,300,000.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding the Second Renewal of the Miscellaneous Water Main Replacements Contract 2022 (City Project No. 104265) and effect a portion of Water's contribution to the Fiscal Years 2026- 2030 Capital Improvement Program. DISCUSSION: On February 14, 2023, Mayor and Council Communication (M&C) 23-0130, the City Council authorized execution of a contract in the amount of $1,000,000.00, for the Water Main Replacements Contract 2022 (City Secretary Contract No. 59064) and provided for the option of two renewals. M&C 23-0130 also provided for an additional $300,000.00 for project management, land acquisition, material testing and inspection. Funding for the first renewal of the contract was authorized on December 10, 2024 (M&C 24-1138) in the amount of $1,000,000.00 with an additional $300,000.00 for project management, land acquisition, material testing, and inspection. The City and the contractor desire to exercise the second renewal of the contract in the amount of $1,000,000.00 and an additional $300,000.00 for project management, land acquisition, material testing, and inspection. The work to be performed under this contract consists of extending, replacing and/or relocating water mains, service lines, and other pertinent construction required to replace existing water mains or as required to provide water service to individual customer or developers. While funding for this project comes from the Water and Sewer Capital Projects Fund, the Water Department issues work orders to the contractor after payment of applicable estimated costs by the customer and/or developer. It is the practice of the Water Department to appropriate its Capital Improvement Program throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified and to comply with bond covenants. Funding is available in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the Water Main Replacements Contract 2022. FY2026 — Water PAYGO Appropriations per City Ordinance 27979-09-2025 FY2026 FY2026 YTD PayGo This M&C FY2026 Original Amended Approved Remaining Adopted PayGo PayGo for/Moved to PayGo (includes any Capital Projects Balance council actions subsequent to budget adoption) $101,090,082.00 $101,090,082.00 ($24,864,777.00) ($1,300,000.00) $74,925,305.00 Note: there may be other pending actions or recently approved actions that are not reflected in the table due to timing. Appropriations for Water Main Replacements Contract 2022 for various locations throughout the City are depicted below: Fund I Existing Additional project Total* Appropriations Appropriations W&S Capital Project - Fund $2,600,000.00$1,300,000.00 $3,900,000.00 56002 Project Total r $2,600,000.00 $1,300,000.00 $3,900,000.00 *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 Water and Sewer Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Misc 2022 Water Main Repl project. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying 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 ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: Scott Lafferty (8213) ATTACHMENTS 104265, 2nd renewal, 1295 form.pdf (CFW Internal) 60WMAINREPL2022R2-CIRCLEC FID Table (WCF 12.04.25).xlsx (CFW Internal) 60WMAINREPL2022R2-CIRCLEC Funds Availability.docx (CFW Internal) ORD.APP 60WMAINREPL2022R2-CIRCLEC 56002 A026(R1).docx (Public) PBS CPN 104265.pdf (CFW Internal) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O m m m m m m m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 A4� 0 0 4P 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 4P 0 A 0 A 0 A O A kD O O A O 91 W O W O W O W O W O W O W O W O W O W O W O W O W O W O W O W O A N O In W O W O A N L n In In In In In L n ( n In In In In In In A O W W W V (n In W W W W V W W 1--� w w lD LD m F� W F A In " W F-A W F 1 W F+ - to In V7 In O O O W O In O W O O O F-� O F-� O w O W O w O W O O O In O W O N m O m O m O m O O In O In f-' O O O In O In N O to O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O A. N A NJ ? N A NJ A NJ A NJm A N A. N A N ? N A N A N A N A N A N A. N Nj N A N m m m m m m m m m m m m m m m m m m m ll7 VI VI V1 Vt l77 l!1 (J1 ll1 VI VI VI Vt l71 l!1 lli U1 ll7 l71 m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O r+ r r4 N N r+ r+ r N N y IJ V -4 V V IJ V V V V V V -J V V IJ V V 14 V V V Z AAOOOOO O O O OOOO OLn lD N N w w lD lD - lD lD lD lD lD - lD - lD ID LD W lD LD lD LD W ID W W ID LD ID LD W LD O O LD w w w w lD w w w w w w w lD w w fV N N 4-4 i/> V F+ iA O f-+ t/f to N to iA 00 O O O O O lD In O 0 , 0 00 0 0 In O O 1p O In O O O O O O O O O O O O O O O O O Ln Ln O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O O 0061 13- 1 PERFORMANCE BOND Page I of 2 BOND NO. 101698440 1 SECTION 00 61 13 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 Bonding Company (Mutual) , a corporate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as I I "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 Texas, known as "City' herein, in the penal 13 sum of, One Million Dollars ($____I 0000,000.00___J, lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which 15 sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors 16 and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the _l3th_ day of _January 2026_, which Contract is hereby referred to and made 19 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 20 and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as Second Renewal, Water Main 22 Replacements Contract 2022; City Project No. 104265 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 filed 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 MWR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 104265 Revised December 8, 2023 Second Renewal 2 3 4 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 36 37 38 39 40 41 42 43 44 0061 13-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the March , 20 26 . ATTEST: m- (Principal) Secretary Michele S. Lankford 3 rd day of PRINCIPAL: William J. Schultz. Inc. dba Circle C Construction Company BY: �mr_ Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 Fort Worth, TX 76140 Witness as to Principal SURETY: Merchant din Com an (Mutual) BY: Signature Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway !� . West Des Moines, IA 50266-7754 Witness as to Surety , John A. iller Telephone Number: 800 678-8171 Email Address: Sher to name erassocinc.com *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 December 8. 2023 M W R2022 City Proiect No, 104265 Second Renewal M ERC HANT� 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 [he 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 April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "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 291h day of July 2024 •'' IO%0 ' N .......... '••• MERCHANTS BONDING COMPANY (MUTUAL) P q< • �!Q N.... �O�yjA.• MERCHANTS NATIONAL BONDING, INC. \ y? pRPORq �o'��RP09 • $? dib/a MERCHANTS NATIONAL INDEMNITY COMPANY 2 ..2 > . 2 • C> '�� .y,•r . 2003 >7; : y 1933 c,c: By04. •'•,�% ... : ���.' '.b.�W• • .... • •`\d•• President STATE OF IOWA COUNTY OF DALLAS ss. • •��•"'"'��' , On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A,Q' IA4 Penni Miller o o Commission Number 787952 r • • My Commission Expires lowl> January 20, 2027 -� Z �--� Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify [hat 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 3rd day of March , 2026 G C 0. -o- G� a: o.c 2003 1933 Secretary POA 0018 (6/24) ••���'""''�•�•, 0061 14 - I PAYMENT BOND Page 1 of 2 BOND NO. 101698440 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 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 8 "Principal" herein, and Merchants Bonding Company (Mutual) , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a I I municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal sum of One Million Dollars ($_I,00.000.00_), lawful money of the 13 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 14 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 15 assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 13th day of _January`, 2026 , which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 19 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 20 designated as Second Renewal . Water Main Replacements Contract 2022; City Project No. 21 104265 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH MWR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104265 Revised December 8, 2023 Second Renewal 0061 14-2 PAYMENTnOND 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 3rd day of 3 March , 20 26 ATTEST: M Am,*t� (Principal) Secretary Micheld S. Lankford 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 B ding Com any (Mutual) ATTEST: BY: Signature (Surety) Sec CC 41004 Witness as to Surety John A!Miller 5 Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800) 678-8171 Email Address: sheryl ,.iohnamillerassocinc.com 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. I I END OF SECTION IN CITY OF FORT WORTH MWR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104265 Revised December 8, 2023 Second Renewal 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 surely(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 April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "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 29th day of July 2024 • .••P(� Nq<. •.• .• .......... MERCHANTS BONDING COMPANY (MUTUAL) . pIO\N'P COMA 0• MERCHANTS NATIONAL BONDING, INC. CO ;'OR IQ4 O , ,•�R 0g9.I d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v 2003 1933 c: By ••'4;V�lv' :r��`•� •••b�'ly'' �1�••• President STATE OF IOWA •., i7 ..•' ••.. COUNTY OF DALLAS ss. On this 29th day of July 2024 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. tiQ�kIA4Sm Penni Miller o cp Commission Number 787952 • • My Commission Expires l \ p t IOwA January 20, 2027 - '�`�- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, 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 3rd day of March 2026 . .•. ... t,0N • . co 2003 `�; • y 1933 c Secretary v . �. �ti•: POA 0018 (6/24) 1 2 3 4 BOND NO. 101698440 SECTION 00 61 19 MAINTENANCE BOND 0061 19- 1 MAINTENANCE BOND Page I of 3 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 That we William J. Schultz, Inc. dba Circle C Construction Company, known as 9 "Principal" herein and Merchants Bonding Company (Mutual) , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as I 1 "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" herein, 13 in the sum of One Million Dollars ($ 1,000,000.00_), 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_13th_ day of January , 2026 , which Contract is hereby referred to and a made part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 21 other accessories as defined by law, in the prosecution of the Work, including any Work resulting 22 from a duly authorized Change Order (collectively herein, the "Work') as provided for in said 23 contract and designated as Second Renewal, Water Main Replacements Contract 2022; City 24 Project No. 104265; 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 M WR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104265 Revised September 19, 2025 Second Renewal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 HP] 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 September 19, 2025 M WR2022 City Project No. 104265 Second Renewal 0061 19-3 MAINTENANCE BOND Page 3 of 3 I 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 3rd day of 3 March , 20 26 . 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 36 37 ATTEST: n " l (Principal) Secretary Michele . Lankford Witness as to Principal ATTEST: (Suret ) Secretary Witness as to Surety John A. M ler PRINCIPAL: William J. Schultz. Inc. dba Circle C Construction Company B Y: Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 Fort Worth, TX 76140 .6ndin 2 comu�ny FV '17, Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800) 678-8171 Email Address: Sheryl r@iohnamillerassocinc.com 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shal I not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH MWR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104265 Revised September 19, 2025 Second Renewal M E RC HANTS741�, 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 Attorneys) -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 April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "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 29th day of July 2024 """'''.. . • • .... • MERCHANTS BONDING COMPANY (MUTUAL) ��ONq •,�• •• \taG CQ, MERCHANTS NATIONAL BONDING, INC. pRPORq'�O' : 4�CiA9'•• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v' 2003 : ��, : y' 1933 o,c: By ••.,.� •........•:��•: ••b�ly' fa' \1a•• President STATE OF IOWA •�''•.....:�...•••••• ••' • • . • . • . COUNTY OF DALLAS ss. On this 29th day of July 2024 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. -- -� `P�tA�S Penni Miller o o Commission Number 787952 • • My Commission Expires IOWA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, 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 3rd day of March , 2026 .••P 10 N '•. �o • G C ,b• ' 'Oq'• p�PGR'' : : g : q O? �iPQ9 y. m. O q.40 - o - v tY 0 a: x : 2003 1933 .�; Secretary POA 0018 (6/24) •�•�'""'•••• MERCHANT7N-k BONDING COMPANY,M fAF.RCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING. INC. P.O. ROX 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. 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) FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: William J. Schultz, Inc. dba Circle C Construction Company Subject of the Agreement: Water Main Replacements Contract 2022 M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No ❑ 59064-R2 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑ If only specific information is Confidential, please list what information is Confidential and the page it is located. Page 17 and 18 Effective Date: 2/14/2023 If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104265 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.