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 $3,900,000.00
*Numbers rounded for presentation purposes.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water and Sewer Fund and
upon approval of the above recommendations and adoption of the attached appropriation ordinance,
funds will be available in the W&S Capital Projects Fund for the Misc 2022 Water Main Repl project.
Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the
availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account Project ' Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Jesica McEachern (5804)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Scott Lafferty (8213)
ATTACHMENTS
104265, 2nd renewal, 1295 form.pdf (CFW Internal)
60WMAINREPL2022R2-CIRCLEC FID Table (WCF 12.04.25).xlsx (CFW Internal)
60WMAINREPL2022R2-CIRCLEC Funds Availability.docx (CFW Internal)
ORD.APP 60WMAINREPL2022R2-CIRCLEC 56002 A026(R1).docx (Public)
PBS CPN 104265.pdf (CFW Internal)
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0061 13- 1
PERFORMANCE BOND
Page I of 2
BOND NO. 101698440
1 SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as
9 "Principal" herein and Merchants Bonding Company (Mutual) , a corporate
10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
I I "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of Texas, known as "City' herein, in the penal
13 sum of, One Million Dollars ($____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
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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
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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
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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
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18
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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 '•.
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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.