HomeMy WebLinkAboutContract 45379 1/
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PROJE(`7 MANIAL
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Sa i a 'y Sevrert Rehab a tion ("ont"ract, 79,
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it V 'ecl Nay. 491
1' No. 0948
Betsy Price 'J"0111 I liggills
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S. Frank Crumb 11 1µn,
Director, Water Departi-nent
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Prepared f
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Water Department
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Pachewc�o 0 mA'p O'o c h
0 OFFICIAL RECORD
rFFIC',IAL RECORD
CITY] y
CIT'Y SE:CRETARY
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City of Fort Worth, Texa's
Ma o vr anum
COUNCIL ACTION: Approved on '12/1712013 - Ord'imna,nce No, 2107742-2013
DATE: Tuesday, December 1,71 2013 REFERENCE NO.: �C-26616
LOG NAME: 60SS79 CIRCLEC
SUBJECT:
Authorize Execution of a Co�ntract with William J. Schultz, Inc. d/b/a Circle "'C," Construction Company, in
the Amount of$2,977,235.00 for Sanitary Sewer Rehabilitation, Contract 79, on Riverside Driver Berry
Street, Ellis Ranch Trail, Fairway Drive, Glen, Garden Dr�ive, Stardust Lane and Three Easements, Provide
for Project Costs and Contingencies for a Project Tolta,l in the Amount of$3,122,552.001 and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council-
1. Authorize a transfer in the amount of$145,317.00 from the Water and Sewer Operating Fund to the
Sewer Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts pts and appropriations in the
Sewer Capital Projects Fund in the amount of$145,317,001 from available funds, and
3. Authorize the execution of a contract,with William J. Schultz, Inc. d/b/a Circle "'C" Construction
C painy, in the amount of$2,977,235.00 for Sanitary Sewer Rehabilitation, Contract 79.
DISCUSSION:
On July 12,, 20111 (M&C C-25000) the City Council authorized an Engineering Agreement with Pacheco
Koch Coinsult,inig Engineers, Inc., for Sanitary Sewer Rehabilitation, Contract 79 for the prep aration of
plans and specifications for the rehabilitation of deteriorated sewer mains on Riverside Drive, Berry Street,
Ellis, Ranch Trail', Fairway Drivel Glen Garden D�rive, Stardust Lane and three easements.
Street From To
Riverside Drive tj!a�_Rqint Road 650 feet east
_7
'Berry Street Beginning from a point 300 feet west
1 O00 feet east of the
Berry S,treet/011d
Mansfield Road
Intersection,
Ellis Ranch-Trail Briardale Road Fairway Drive �.
'Ellis Ranch Trail t�jhp Road
'Fairw
�ay
Nnnabetle Lane, Ellis, Ranch Trail Hi �point Road,wu�n i h oint Road Fairway Drive Glencrest Drivel
in rear of lots between Briardale Road and, Ellis Ranch Trail 700 �feet East
eview� , treet
Page 1 of 3
-
Lc name: 60SS79CIRCLEC
`Located in rear of lots between Ridgeview Street and Ellis Reach Trail 700 feet West
Kipsae Drive
Located in rear of lots between Briardale Road and Ellis Ranch Trail 750 feet West
'Ri,dgeview Street
The project also includes the installation n of the following sanitary sewer mains and laterals-
• M-1021R - Beginning from the Ellis Ranch Trail Briar ale Road, intersection northerly 1,350 feet, the
easterly 200 feet then northerly ,050 feet consisting of the installation of a 66-inch sanitary serer
pipe.
• b-3541 - Located on easement between houses on Glencrest Drive and Timberline Drive.
• L-4089 - Beginning from a point located 650 feet west of the Riverside Drive/Highp int Road
intersection northerly 200 feet then 200 feet on Clear view Drive.
The project t was advertised for bid on August 29, 2 013 and September 5, 2013 in the Fort Worth Star-
el rare. On October 3, 2013, the following bids were received:
Bi der mount Time f�Completion
1 i�� m J Schultz, Inc. /b/a, Circle " � w 1$219771235-00 2,110 Calendar Days
Construction Comp e
P.J. Loinis Construction of'Texas, Ltd. $3,,1 199,5�52.
r Contracting Services,, L.L.C. ��,. ���� .� �$31584)500-00
Oscar Reinda C ontract"r , Inc., $4) 2 1330.0
LWright, Construction 4)2521219.00
MMBE Office - 'William J. Schultz Inc. /b a Circle "C" Construction tion C o any is in compliance with the
Comity's BD,E Ordinance by commlittinlg to 3 percent MBE partici ati n and documenting good faith effort.
William J. Schultz, Inc. b a Circle "C" Construction Compan identified several subcontracting are
suppliers opportunities. However, the MBE's: contacted in the areas identified did not submit the lowest
bibs. The City's MBE goal Can this project is 10 percent.
Most State Revolving Loans are granted for construction contracts only. Since no, other expenses can be
covered by the SRF founding, additional ,appropriations of$145,31 .0 $56,0 00.00 for construction
staking, project management, material testing and inspection and $89,317.00 for project contingencies)
are needed from the Sewer Capital Projects Fund.
The project is located in COUNCIL DISTRICT 8, Mapsco 77Z and 91 D.
FISCAL INFORMATION /CERTIFICATIONS:
The Financial Management Services Director certifies, that funds are available in the current capital
budget, as appropriated, of the Clean Water SR F2007 Fungi and upon approval of the above
recommendations and adoption of the attached ,appropriation orbinance� funds will be available in the
current capital budget, as appropriated, of the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Ce nters, FROM Fund/Account/Centers
& 258 476045 70 1491 ZZ JJ45,31TOO 1 ) PE45 53804�O 0709020 $145J_317.00
21P258 531�3510 708170149152 $12,0100-00 2I 254 541200 708170149183 $2,977,235.00
h?258 531200 7081 149184 10,000.00
0
2) P258 531350 708170,149184 $4,000-00
ZJ-P258 541200 708170149�183 �8,9,317.00
2) P258 51 708170'149180 $11011000.00
2) P258 511010 7081 701491 5 $20,000.00
CERTIFICATIONS:
Submifted for Cl ly Manager's Office by., Fernando Costa ('6122)
Origina fir g Department Head: S. Frank C,rumb (8246)
Additional Information Contact: Roberto C. Sauceda (2387)
ATTACHMENTS
1. 180. 60SS79 - Circle C (FAR P254 funds verification - as of 11-19-2013 JCT).docx (CFW Internal),
2. 6OSS'79-CIRCLEC COMPLIANC (CFW Internal)
3. SS79-CIRCLEC REVISED M,AP.pdf (Public)
4. 60SS79-CIRCLEC P258 AO.docx (Pubiic)
5. FAR-00003 CI 1491 P254.,pdf (CFW Internal)
6. FAR-00004 CIP#0149,'1 P25 (CF'W interval)
7. PE45-53,8040-070902 .docx (CFA'Internal)
Page 3 of 3
.............
9,
005243-1
Agreement
J,
Page Iof'4
SECTION 00 52
2 AGREEMENT
3
4 THIS AGREE MENT, authorized on is made by and between the City of'
5 Forth Werth a Texas
� �. m rule ��.0 nieipwality, c ��y and through i. duly authorized City
6 Manager, and William J.
authorized to do business in Texas, acting by and through its duly authorized representative,
8 ("Contractor").
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
10 follows:.
11 Article 1.WORK
12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
13 Project identified herein.
14 Article 2.PROJECT
1
15 The project for which the Work under the Contract Documents may be the whole or only a part is
6 generally described as follows
Sanitan Sewer Rehabilitation Contract 79
t Ci Pro" e t DOE No. 6948
19 Article 3. CONTRACT'TIME
201 3.1 Time is of'the essence.
21 xll time limits for Milestones if any, and Final Acceptance as stated in the Contract
FRI 22 Documents are of the essence t this Contract.
23 3.2 Final Acceptance.
4 The e orl will he complete for Final Acceptance within 300 days after the date when the
25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
3.3 Liquidated damages
7 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial l loss if the Work is not completed within the times specified in Paragraph
9 .2 above, plus any extension thereof allowed in accordance with Afticle 12 of the
30 General Conditions, The Contractor also recognizes the delays, expense and difficulties,
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead, of requiring any such proof, Contractor
IPA
33 agrees that as liquidated damages for delay (but net as a penalty), Contractor shall pay
34 City Sig Hundred ���` Dollars $50 for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
Acceptance.
NO
CITY OF FORT WORTH Sanitary y Be rea Rehabilitation Contract 79
STANDARD CONST LK."TION SPECIFICATION DOCUMENT Project No.01491.
Revised December e 20,2012
005243-2
Agreernent
Page 2 of 4
Article 4. CONTRACT PRICE
f) 8 City agrees to pay Contractor ' r performance of the Work in accordance with the Contract
39 Documents an amount in Current funds of Two Million Nine Hundred Seventy-Seven
40 Thousand Two Hundred Thin -Five and No/100 Dollars `$ ,7323 )4
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43 A. The Contract Documents which comprise the entire agreement between City and
44 Contractor concerning the Work consist of the following
45 1. This Agreement.
46 2. Attachments to this Agreement:
47 a. Bid Form
111 48 l Proposal Furl c.
49 2 Vendor Compliance to State [,aw Non-Res' nt ld.der
501 3 Prequalification Statement
1 4 State and Federal documents(project e fic)
2 h. Current Prevailing 'age .ate Table
3 e. Insurance ACORD Forms
4 d. Payment Bond
55 e. Performance Bond
f. Maintenance Bond
5:7 g. :Power of Attorney for the Bonds
n ensat o AffidaWorker's I 't
i. MWBE Commitment Form.
General Conditions.
1 4. Supplementary Conditions.
5. Specifications specifically made a part of the Contract Documents by attachment
NMI 63 or if not attached, as incorporated by reference and described in the Table of
64 Contents of the Project's,Contract Documents.
6. Drawings.
7. Addenda.
. Documentation submitted by Contractor prior to Notice of Award.
68 9. The following which may he delivered or issued after the Effective Date of the
Agreement and., if issued, become a n incorporated part of the Contract Documents
a.. Notice to Proceed.
1 h.. Field Orders.
2 e. Change Orders.
3 d. Letter of Final Acceptance..
4
CITE`OF FORT WORTH Sanitary'Sewer Rehabilitation Contract 79
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Project No,01491
Revised December 20,2012
0105243-3
gi-ee nt
Fags 3 of 4
5 Article 6. INDEMNIFICATION
0) 7'6 61.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
Ir
77 expense, the city, its officers, servants and employees, against
claims. arising out of, or alleged to arise out of, they work and services to be performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
under this contract. This indemnification r visioln is s i caii intended o 2 amts
t and a e ec i e even if it is all a
" or proven that all or some of the damages,being
2 soli t were c Lase in whore or ire part, n act omission or n� i ce o the..�
3 This indemnity is intended o include, without limitation, indemnity fo
i ! . . iIW W¢ IN 4W 0 dF
costs, expenses and legal fees incurred by city in defending against such claims and
i
85 causes of actions.
86
87 6.2 Contractor covenants and agrees to, indemnify and hold harmless, at its own expense,
r 88 the city,its officers, servants and employees,from and against any and all loss, damage
89 or destruction of property of the city arising out of, or alleged to arise out of,the work.
90 and services too be performed by the contractor, its officers., agents,, employees,
91 subcontractors, lice sees or invitees wader this, contract. Ihis inuemn,Hication
�92 rovision is �� ca, intended
operate� and be effective eves � � � ��� a ir�
93 proven that all or some of the dama es Dein sou h were caus in whole or in part
94 by any,act,,omission or ii j ii encie of the
95
96 Article 7. ISCEL ANEOUS
7 7.I Terms..
'Terms used in this Agreement wWc%are defined in A.rticle I of the General Conditions,will
have the nieanings indicted in the General Conditions.,
I 00i 7.2 Assigment of Contract.
tot This Agreement, including all of the Contract Documents may not 'be assigned by the
102 Contractor without,the advanced express written consent of the City.
103 7.3 Successors and Assigns.
1014 City and Contractor each binds, itself", its partners, successors, assigns and legal
105 representatives, to the other party, hereto, in respect to all caveats, agreements and
obligations contain it d'n the Contract Documents,.
107 7A Severability.
1018 Any provision or part of the Contract, Documents, held to e unconstitutional, void or
109 une ft rc e y court of c ete t jurisdiction shall deemed stfcker and all
remaining'110 n CITY and
t CONTRACTOR.
r-11-1
112 7.5 GoverningLaw,and Venue.
113 This Agreement,, including all of the Contract Documents is perfoniiable in the State of
114 Texas. Venue small be Tarrant County, texas or the United States District ct Court for the
t Northern District of Texas, Fort Worth i s r.
MY OF FORT WORTH Sanitary Sewer Rehabilitation Coanti-act 79
STANDARDCONSTRUcrION SPECIFICATION DOCUMENT Project No.0 1491
Revis"I Decernbei-20,2012
/1
0061 13-1
PERFORMANCE BOND
Page I of
BOND NOS. TXC605702
SECTION 00 61 13
PERFORMANCE.BOND
4
5 THE ST"AG"E OF TEXAS
6 § TAW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
8
01
That we, William J. Schultz Inc. rlha Circle C Construction Company, known as
to "Principal" herein and Merchants ond"n
1 -2 Cum p mu ual a corporate surety(sureties, if
I 1 more than one) duly authorized to do business, in the State of Texas, known as Surety herein
t (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
corporation created pursuant; to the laws of Texas, known as "City" herein, in the penal sure of
14 Two M1111,01G Nine Hundred Seventy-Seven Thousand Two Hundred Thirst _Five and
15 No/100 Dollars $2 235.x, lawful money of the United States, to he paid in Fort Worth,
16 Tarrant County, Texas for the payment of which sum well and truly to he made, we hind
17 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
18 firmly by these presents.
s
1 :E ASS, the Principal ipal has entered into a certain written contract with the City
20 awarded the day of Dect4t!�Le-. , which Contract is hereby referred to and made.
1
2 t a part hereof for all purposes as if fully set forth herein, to fu ish all materials, e ,uipment labor
22 and ether accessories defined by law, in the prosecution of the Work, including ng any Change
23 Orders, as provided for in said Contract designated as San t r �e�er Rehab lon Contract
7 0 t Project Nu.01491- DOE No. 6948
25 NOW, THEREFORE,, the condition of this obligation is such that if the said Principal
SIR 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and
27 faithfully performs the Work, including Change Orders, under the Contract, according to the plans,
28 specifications, and contract documents therein referred to, and as well dur�in. and period of
9 extension of the Contract that may he granted on the part of the City, then this obligation shall he
and become null and void,l otherwise to remain in full force and effect.
31 PROVIDED:FURTHER,that if any legal action.be filed on this Bond, venue shall lie in
2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
33 Worth Division.
CITY OF FORT WORTH sanitary Sewer Rehabilitation Contract 79
STANDAR.D CONSTRUCTION SPEC]I '. TION DOCUMENT Prof ct No.01491
Devised July 1,2CO11
010 6 13-2
PERFORMANCE
JIMM Page 2 o '2
I `s bored is made and executed in compliancy with the provisions o chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on the bond shall be determined in
3 accordance with the provisions of said statue
4 IN WITNESS , the Principal and the Surety have SIGNED and S,E,AL
ED
tale instrument by duly authorized agents and o ci rs on this the
PRINCIPAL-
7
Wiffliam J. Schultz Inc.,tibia
Circle C Construction o n
I BY:
Z_40tor-112
1,2 Signature
3, ATTEST. �
14 � Teresa S. She1 V c1 Pres en
15 1
Principal) etaryr�,�Miiiche�� L� f6rd Name and Title
17 Address-. P.0.Box 40328
f
19 Foy Worth,TX 76140
2
2
Witness as to Principal
r 23 SURETY:
5 enchant /ndim Complanv
2
28 Signature
30 1 A.Mutts,,Attornty-M-Fact
31 Naine and Title
3
33 Address:2,100 Fleur
3
35'
Des Dross I 50321
36
317 Witness as to'Siurety,JohpoOK.Mflier Telephone Number: 1-1800-617'8-81171
3
3
*Note: If signed by are officer the Surety Company, there must be on le a certified extract
from the b
-laws showing that � s person has authority to sign such obligation.
2 Surety's physical address is different from its mailing address, both must be provided.
3 The date of the bond shall not be poor to the date the Contract is awarded.
CITY 4 F FORT WORTH
Sanitary S wei.Rehabilitation Contract
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Project No.01,491
Revised July 1,20 1.1
0061 1 - 1.
PAYMENTBOND
Page 1 of 2
BOND . TXC572
2 SECTION . 1
3 PAYMENTBOND
4
5 THE STATE F TEXAS
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OT T NT
8
That William T. Schultz inc, ba Circle C Construction Compan-jr, known as
1 "Principal" � � y
r�rne�. �w here., �. �. Merchants ..�undn �" � un� � corporate surety sureties ,
I t duly authorized to de us ness in the State of Texas, known as "Surety' herein (whether one or
12 mere), are held and firmly bound unto the City of Foil, Worth, a municipal corporation created
13 pursuant to the laws of the State cif Texas, known as "City" herein, in the penal sun of Two
4 Million Nine Hundred Seventy-Seven Thousand, Two Hundred Thirty-Five and No/10
15 DOL,LARS ($2-,977J35.00), lawful money of the United States, to be paid in Fort Worth, Tarrant
16 County, "texas, for the payment of'which sum well and truly he made, we bind ourselves, our
IMP
17 heirs, executors, administrators, successors and assigns, jointly and severally, finnly by these
18 presents:
WHEREAS, n" cip, has entered into a certain written Contract with City, awarded the
J Pt'-- day of �'� " , which Contract is hereby referred to and made a part hereof
21 -for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
2 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
designated sanalr Sewereation Contract C* " n"eeot o. 01491 DOE No.
24 6948.
25 NOW, THEREFORE, T11E CONDITION OF THIS OBLIGATION is such that if
6 Principal shall pay all monies owing to any (and all) payment bond beneficiary as defined. in
7 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
8 the Contract, then this obligation shall he and become null and void,- otherwise to remain in full.
9 force and effect.
30 This band is made and executed in compliance with the provisions of Chapter 2253 of the
31 Texas Govemrr ent Code, as amended, and all liabilities on this bond shall he determined in
3 w
�' accordance `it h the provisions of said statute.
CITY OF FORT FORTH Sanitary sewer Rehabilitation Contract 7
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Project No.01491
Rev,ised July 1,
0061 14.2
PAYMENT BOND
`age 2 of
IN WITNESS VMEREOF, the Principal and Surety have each SIGHED and SEALED this
2 instrument by ul authon',zed agents and officers on this �w a of, w �
3
POW1.
4
William J. Schultz, Inc. dba
Circle C Construction CoT an
B :
ATTEST Y
Signature
A� Teresa S. Skelly—Vice President
(Principal) Secretary,Michele S L"nkfo,rd Name and Title
Fort Worth,TX 76140
'witness as to Principal
SURETY:
Merchants ing Company(Mutual)
PIR
ATI EST:, B�Y
SidTiature
Shell A. Kiutts Attorue -iu-Fad
(Surety)Secretary Name and Title
Address: 2100 Fleur Drive
VP
Des Moines,M
Witness as to Sure A�W A. Mi ler
Telephone Number: 1-800-678-8171
6 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 nailing address,both must he provided.
9
10 The date of the bond shall not he prior to the date the Contract is awarded.
11 END OF SECTION
12
C T°"OF FORT WORTH sanitary Sever Rehabilitation,Contract 79
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Project No.0 149
Revised July Y,201
0061 19 1
MAINTENANCE BOND
Page 1 of 3
I BOND NO. TXC605702
2 SECTION 00 61 19
4
5 THE STATE OF TEXAS
'l 6 § O AI-jL BY THESE PRESENTS.
7 COUNTY OF "FARRAN T
8
, 9 That we William J. Schultz, Inc. d a. Circle C Construction CoMpagy, known as
1 "Principal" herein and Merchants Bonding o �iurt�l�1 , ��rp�arat+� sur�t� (sure
ties f
I I more than one) duly authorized to do business in the State of Texas, known as "'Surety"' herein
12 (whether one or more), are held and firmly hound unto the City of Fort Worth, a municipal
13 corporation created plaursuant to the laws of the State of Texas, known as "City"herein, in the'sum
14 of Two Million Nine Hundred Seventy-Seven Thousand, Two Hundred Thl -Five and
15 No/1001 DOLLARS ($.2,977,235.00) lawful money of the United States, to he paid in Fort Worth,
6 Tarrant County,, Texas, car payment of which sum well and truly he made unto the City and its
17 successors, we hind ourselves, our heirs,
executors, administrators, successors and assigns,jointly
18 and severally, firmly by these presents.
t
20 WHEREAS, the principal has entered into a certain written contract with the City awarded the
1 day of ov .�� � which Contract is hereby referred to and a made part hereof for
2 all purposes as if ft illy set forth herein, to furnish all materials, equipment labor and other
23 accessories as defined by law, in the prosecution of the Work, including any Work resulting from
I
24 a duly authorized Change Order(collectively herein,the "Work"')as provided for in said contract
5 and designated as S nita ewer Rehabilitation C r tract 7 Cit y Pr2ject No. 01.4: 1 DOE
6 N , + 948 and
27
28 WHEREAS, Principal hinds itself to use such materials and to so construct the Work in
29 accordance with the plans, specifications and Contract Documents, that the Work is and will
30 remain free from defects in materials or world-anship for and during the period of o 2) years
31 after the date of Final Acceptance of the Work by the City "Maintenance Period"); and
32
CITE'OF FORT WORTH Sanitary"Sewer Rehabilitation Contra l"
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT NT Pro ect No.014' 1
Devised July 1 2011
00 61 1 -
MAINTENANCE BOND
r Page 2 of-3,.
1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from h City of the need therefore at any time within the Malntenanc
3 Period,.
0
NOW THEREFORE, the condition of this obligation is such that if Principal shall
1
remedy any defective Work, for which timely notice was provided by City, to a completion
7 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
dull force and effect..
9
10 PROVIDED, HOWEVER if Principal shall fail so to repair or reconstruct any timely
1111
11 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
12 he repaired and/or recon t.r cted with all associated cost thereof being bore by the Principal are
1011"1 13 the Surety under this Maintenance bond; and
1
71P 15 PROVIDED FURTHER that if any legal action he filed on this Band., venue shall lie in
16 Tarrant County, Texas or the United. States.district Court for the Northern.District of Texas, Fort
17 Worth Division; and
18
PROVIDED FURTHER., that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
22
CITY OF FORT WORTH 'Sanitary Server Rehabilitation ontra t 79
STANDARD CONSTRUCTION`TRUCTIO SPECIFICATION DOCU1 ENT Project No,01491
Revised July 1,2011
PRIM
f
0161. 19-3
MAINTENANCE iI4N D
Page 3 of
IN WITNESS VVNEREOF, the Principal a1 and the Surety have each SIGNED and SEALED this
2 instrument y Elul gut l r ze agents and officers on this
P
3
PRINCIPAL:
5 William J Schultz Inc.d a
Circle C Construction company
:
Signature
a�
10 ATTEST
1
1 Teresa S. + vivre President
vi al Secretary,Michele S.L kford �" e are Title
15 Address: P. 0 Box 40328
1
oi, 17 FoIr Worth " "x'61 40
1
19 Witness as to Principal
20 SURETY.-
22 Merchants_iQ ing.C'um an utual
2
2
ivature
2 ,
27 Shall.1. .Mutts,Attorue i Fact
28 ATTEST. Name and Title
2
30 Address: 2100 Fleur Drive
31 S Secretary
32 Des Moines,, 50321.
31
34 i e s a to uret , oh .;Miller Telephone Number: 1-800-678-8171
1 35
3 *Note. If signed by an oifficer of the Surety Company,auy, there must be on file a certified extract
37 from the by-laws showing i that, this person has authority to sign such obligation. If
38 Surety's physical address its different t fro Its mailing address, both must be rovided.
319 The date of the bond shall not be prior to the date the Contract s awarded.
0
N�
!7111111!
CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 7
STANDARD CONSTRUCTION SPECIFICATION DOCUME T Project No.,01491
Revised July 1,2011
MERCHANTS
r
IFF
BONDING COMPANYTM
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY('MUTUAL,)and MERCHANTS NATIONAL BONDING,
IN�C,.,both being corporations dully organized under the laws of the State of Iowa(herein,collectively called the"'Companies"),
and that the,Companies do hereby make,constitute and appoint,individually,
John A, Miller; John R Stockton; K R Harvey; Sheryl A Klutts,
of Fort Worth and State of PlIx their tru�e and lawful Attorney-in-Fact,with,full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknoWedge and deliver in their behalf as surety
any and all bonds, undertakings,, relcogni,zances or other written obligations,in,the nature thereof,subject to the limitation that,any
such instrument shall not exceed the amount of-
TEN MILLION($10,000,000.010)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking w�as,signed by the duty
authorized officers of the Gornpanies, and all the acts of said Attorney-in-F'act, pursuant,to the authority herein g,i,ven,, are
hereby ratified and confirmed.
'This Power-olf-Aftorney is made and executed pursuant to and by authority of the following, By-Laws adopted by the Board of
Directors of the Merchants Bonding,Company(Mutual)on April 23,2011, and adopted by the Board of Directors of Merchants National
B,on�dingi,Inc.,on,October 24,2011.
"The President,Secretary,Treasurer,,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
-in-Fact,and to authorize them to ex�e�cute on,behalf of the Company,and attach the
power and authority to appoint Attorneys
seal of the Company theretio,bonds and undertakings, recognizances,contracts of indeminity 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 sureltyshiip obligations,of the Co�miplany,and such signature and seal when so used shall have,the same force and
effect as though manually fixed."
1or In Witniess,Where,of,the Companies have cause�d this instrument,to be signed and sealed this Ist day of January , 20,12
oA fit
00 Co��
110144 4 0, 0 10,0 0*#4 1
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L MERCHANTS BONDING COMPANY(MUTUAL)
0,41:�o
ik P'()49 MERCHANTS NATIONAL BONDING,INC.
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a 1933 AW
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STATE OF IOWA 0#
COUNTY OF POLK ss. *ff President
On,this 1 s,t day of January 2012,before me,appeared Larry Taylor,to,me personally known,who,being by me duly sworn did
say that,he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and M,ERCHiANiTS NATIONAL BONDING,INC, and
that the seals affixed to,the,foregoing instrument is 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.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowal,the day and year
first above written.
&.4
MARANDA GREENWALT
Commission Num�ber 770312
My Commission Expires
0 October 28,2014
Notaty Public,Poilk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
1, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by,said Companies,
which is still in full force and effect and has not been amended or rev�oked.
In Witness Wh eof,I have hereunto set my,hand and affixed the seal of the Companies on
this, rv,ill clay of 10 1, -
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Secretary
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NVE_rDqvt1Z.,THLAANN S
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BONDING COMPANYTm
MERCHAN'T'S BONDING C_-.'OMPA,NY(MUTUAL) - MERCHANTS NA'TK)NAL BON DING INC.,
2100 FLEUR DRIVE . DES M [N ES, IOWA 50321-1158 , (80 0) 6788171 , (515)243-.3854 FAX
OF WN
I IA N T I
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance agent.
You may call Merchants onding Company (Mutual) toll-free telephone number for information or to make a
complaint at;
1-8 -678-8171
You may contact the Texas Department of Insurance to obtain information, on companies coverages, rights or
complaints at
1-800-262-3439
�1
You may write the Texas Department of Insurance at:
P. 0. Box 1,419104
Austin, TX 78714-91014
..........
Fax: 51 475-1771
Web: hftp://www.tdi.st,ate.tx.us
E-mail.- Cons,umerProtect,i'on@t,di.texa,s.gov
PREMIUM AND CLAIM DISPUTES-, Shiould you, have a dispute concerning your premium or about a claim
OWN you, should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY'-. Thin notice is for information only and does not become a part
r or oond'ition of the attached document.
ACCOR" CERTIFICATE OF LIABILITY ANC I�ATE��Il16��IDI
2/13/201
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION;MATION ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE HIC LDER. ,THIS,
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENDi, EXTEND R ALTER THE COVERAGE aAFFORDE a BY THE POLICIES
BELOW. THIS CERTIFICATE, OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE ATE HOLDER..
IMPORTANT*, If the certificate holder is an ADDITIONAL INSURED, the policy(lee) trust he endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the pollicy,certain policies may require an endorsement. A statement on this certificate does not confer nights to the
certificate holder in lieu of such endorsement(s)..
PRODUCER CONTACT Debrah Cherry
NAM
1/9 K & S Insurance Agency"" PHONE � (972) .
77 —407 F=AX I��.(9172)771-4595
255 Ridge Road, Site. 333 EI SAIL.dc�herry @kends rye.com
P. 0. Box 2 7 7 INSURER(S) AFFORDING COVERAGE NAIC
Rockwall TX 75087 INSUI EI A.United Fire & Casualty Company 13021
I M11 INSURED INSURER B-Great American Insurance Co. 1 6691
William J Schultz,, In 1. INSURE( c:Texas Mutual Insurance Co.
d' a Circle C Construction Company INSURER 0 Continental Casua t y Insurance
500 W. Trammell INSURER E
verma n TX 76140 INSURER F'
COVERAGES CERTIFICATE N'U('MBE)R 13/14 Std REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED, NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NO'TVV1TH STAN DI NG ANY REQUIREMENT,UIREMENeIT, T'ENRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO,ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYRE,OF INSURANCE POLICY NUMBER POLICY Y"EYFYFY MMIDDn=Y` LIMIT'S
LTI�
GENERAL LIABILITY
EACH ?CCUPIENCE 11000,000
UARAGE
X COMMERCIAL GENERAL LIABILITY PPE
N E
�.Ca�! �
PREMISES(Ea p � �r�enee �
A CLAIMS-MADE, [z OCCUR 85316434 ME ►E.XP(Any one Person) $ S,0010,
CG 71152 52 6/11, CCU 7131 12/04 PERSONAL&ADV AD' INJURY $ 1,C OC 0,000
GENERAL AGGREGATE $ 21000,000
t EN'L A GREU ATE LIMIT APPLIES PEP. PRODUCTS-COM P/OP AGG $ 21000,000
POLICY � PRO- L $
ALNTCaCaEILE LIABILITY +� MEINEC, IN LE LI IIT
1 (Ea accident 0 00
ANY ALT
BODILY INJURY(Per p
erm)
ALL O NE D, SCHEDULED 15316434 /12/2 13 8/12/2014 BODILY INJURY I Peracci dent)
$
AUTOS AUTOS
X N Ni- N;EI PROPERTY DAMAGE
X HIRED AUTOS
AUTOS Per accident
WN 7109 1/06 Underinsured motorist 2
X UMBRELLA LIAR X OCCUR EACH CC URREN E 5 r 0 U 0 r 0 0 CI
EXCESS LIAB CLAIMS-MADE U0 33288U Q4 AGGREGATE $ ,000,oC)o
7q�ti EI 1?,FL /12/201 /12/2014 L RETENTION$
C WORKERS COMPENSATION 00011935701 X WC STATLU- iTH
AND EMPLOYERS LIABILITY I ER_
ANY PPCP IET R/PARTNEI dEXE U I I"E YIN
I E.I.EACH ACCIDENT � 0 M N 0
MBER EXCLUDED? NIA
CFI=IU�IEI�e"I�IE C42I~I��Ca4P� 1/"�� 112�' 013 /'12/20�.4
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE l 000 000
I ea,describe antler
D PIPTION
OF PERATI U�NS del i E.L.DISEASE�POLICY LIMIT l CI
Con t rt to Equipment 0 ' 705 /12/2013 /12/2014
Leased/Rented equip,piol,icy I,Irni�t 5001000,
Deductible: $1,,0ICI0. Leased/rented equip Per item, Soo,000
IMP A A 11
DESCRIPTION 4 . LOCATIONS l VEHICLES (Attach � required)
F'C>PE TI�aaN'S�LC�C I Iti ACQRI�� Add�Itl�rrr�rl I�ew�uar ,�Schedule,If rrr�re^ace I re�,r�lr�e
Sea above listing of ad tiona,. incurred and waiver of subrogation endorsement forms.
p Project: Sanitary Sewer Rehabilitation Contract 79
City Project No. 01491
DOE No. 69,48
CERTIFICATE HOLDER DER CANCELL.Aa,TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IES BE CANCELLED BEFORE
THE EXPIRATION, DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The City of Fort Worth
10,00 roc ��rt�n Street
AUTHORIZED REPRESENTATIVE
Fort Worth, TX 7161:02
Richard Daiker- .,/LES"A
ACOR 5(2010105) @ 198i8-201,0 AC RD CORPORATION. All rights reserved.
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