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HomeMy WebLinkAboutContract 7844 COMMUNITY FACILITIES AGREEMENT CITY STATE OF TEXAS No- COUNTY OF TARRANT WHEREAS, the Fort Worth Metropolitan YMCA of Tarrant County, Texas , hereinafter called "Developer", desires to make certain improvements to a portion of Overton South Addition, Block 1, to the City of Fort Worth, Texas, and, WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant County, Texas , hereinafter called "City", to do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said Developer, the Fort Worth Metropolitan YMCA, acting by and through R. Earl Cox III, its duly authorized president and the City of Fort Worth, acting herein by and through R. N. Line, its duly authorized City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as follows, to-wit: V lh"Ai',4 5K J WATER AND/OR SANITARY SEWER FACILITIES Water and sanitary sewer facility extensions needed to serve this proposed development are to be provided on the previously prepared community facilities agreement ra)a,ting to Blocks 1-7, Overton South Addition, and all required services not covered in that agreement will be provided through established routines, as specified in applicable ordinances and regulations. RECOMMENDED: ~ . """'^s`"', "' ' ~~^~ " Water ~-r^~ Date �/� STORM DRAINAGE AND STREET IMPROVE14ENTS A. STORM DRAINAGE IMPROVEMENTS: 1. The City agrees to install or cause to have installed, or the Developer agrees to cause to be installed, the storm drainage facilities shown on the attached Exhibit "A", in accordance with plans and specifications to be prepared by the City or prepared by the Developer's engineer as approved by the Public Works Director. 2. The estimated cost of the storm drain facilities is based on the follow- ing minimum design. It is understood that actual sizes and costs may vary after detail engineering is accomplished and bids are taken: a. lVaNIMUM DESIGN 2027 C.Y. Unclassified Channel Excavation; 55 C.Y. Unclassified Trench Excavation and Backfill; 105 C.Y. Reinforced Concrete Rip-rap; 90 L.F. 33-inch R.C.C.P. ; 1 Each 48-inch Rein- forced Concrete Rip-rap Headwall $23,300.00 Cost of Preparation of Plans and Specifica- tions for the Improvements if so Performed by the City (10% of Contract Cost) $ -0- TOTAL COST OF STORM DRAIN FACILITIES $23,300.00 3. The Developer's non-refundable payment is determined by 11all or "b" below: a. In the event the Developer awards his own contract and does not desire City participation, the Devel- oper pays the entire cost of the storm drainage facilities. The conditions set out in Section IV, Paragraph F shall apply. b. In the event the Developer desires City participa- tion and follows the procedures as set forth in Section III, Policy for Storm Drain Installation, of the "Policies and Regulations for the Instal- lation of Community Facilities" of the City of Fort Worth, the non-refundable cost to the Developer is as follows: OVERTON SOUTH ADDITION BLOCK 1 (REVISED) H-1 Estimated Developer Storm Drainage Construction Cost $23,300.00 Estimated City Participation $ 3,300.00 (25% of the cost of Concrete Rip-rap) Estimated Developer's Non-refundable Construction Cost $20,000.00 Non-refundable Engineering Cost if City Prepares Plans and Specifica- tions (10% of Non-refundable Con- struction Cost) $ -0- Estimated Developer's Non-refundable Cost $20,000.00 4. Upon completion of the storm drainage facilities, it is agreed and under- stood that the Developer's payment shall be adjusted to equal the above percentage of the final cost, except that the City shall not be obligated to make any refunds until all facilities required under all sections of this agreement have been completed to the satisfaction of the City. No refund of less than $25.00 will be made. In the event the difference in the deposit and actual cost exceeds $25.00, the Developer agrees to pay to the City any underpayment and the City agrees to refund any over- payment to the Developer. 5. Other storm drainage facilities are required within and adjacent to Block 1, Overton South Addition. These facilities are included in the Community Facilities Agreement for Blocks 1 through 7, Overton South Addition (Community Facilities Contract No. 7737) . In case these storm drainage improvements are not constructed by its Developer, the required drainage facilities will be included in Item 2 above. 6. The Developer hereby agrees and binds itself to execute a "Drainage Ditch Maintenance Agreement" for the proposed unlined channels within Block 1, Overton South Addition as outlined on the attached Exhibit "A". 7. The City's "Storm Drainage" cost is estimated to be $5,400.00, consist- ing of the following items: a. City Participation in the Developer's Storm Drainage Cost $3,300.00 b. Construction Engineering and Administration Cost (9% of Total Construction Cost) $2,100.00 OVERTON SOUTH ADDITION IT OCT 1 1 (R11VISED) 11-2 B. STREET IMPROVEMENTS: 1. The street improvements required on Westhaven Drive West and Barwick Drive are included in the Community Facilities Agreement for Blocks 1 through 7, Overton South Addition (Community Facilities Contract No. 7737) . Therefore, no street improvements are required under this contract. In case the improvements are not constructed under the preceding Community Facilities Agreement, the Developer herein will be responsible for initiating the assessment paving of these streets. 2. The Developer agrees to construct at its own expense sidewalk adjacent to Barwick Drive, as shown on Exhibit "A", to the line set by the City Engineer. At the option of the Developer, required sidewalks shall be installed either with the construction of abutting street improvements or at the building site prior to occupancy. The City may require the construction of the sidewalk improvements specified in this agreement in advance of the issuance of building permits where such sidewalk construction is necessary to protect the public safety. The estimated cost of sidewalk improvements, as shown on Exhibit "A", is $1,980-00. RECOMMENDED: )c ek M. Graham, P.E. b alie lic W Wo orks Director Based on Policy Effective March 1974 OVERTON SOUTH ADDITION BLOCK 1 (REVISED) 11-3 STREET LIGHTS No street; lights will be required in this contract. r ry r terre, Traffic Engiviering Engineering Director Overton South kd"d'r . Fort vortko, Texas IV. (,F,.N'ERAL REQ��IRUJLNIS, A. , It is agreed and understood by the parties hereto that the developer shall emph,,,y a civil engineer, licensed to practice in the State of Texas, for the design preparation of plans and specifications for the cr,)nstrurtion of all fa,cilities covered by this contract , suA)ject to paragraph B. R. For any project estimato(J t.a a:ost less than $6,000, or for any project designed to serve a single lot or tract , the developer may at his option request the City to provide the design engineering, and if such request is granted the developer shall pay to the City an amount equal to 10 per cent of the final construction cost of such project. C. In the event the developer employs his own engineer to prepare plans and specifi- cations for any or all facilities, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reprodu- cible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Public Works Director, Traffic Engineering Director, and/or Water Department Director will be final. D. It is further agreed and understood by the parties hereto that upon acceptw,lce by the City, title to al.1 facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth, and developer hereby relin- quishes any right, title, or interest in and to said facilities or any part thereof. E. The life of this contract shall be five (5) years and it is understood that any obligation on the part of the City to make any refunds hereunder shall cease upon the expiration of five (5) years from the date of execution of this contract, except for refunds due from "per connection charges" on sanitary sewers and from "front foot charges" an water mains, both of which refunds may continue to be made for a period of ten (10) years after the date hereof, as elsewhere provided herein. It is understood by and between the parties hereto that any of the facilities or requirements included herein to be performed by developer not completed within the five (5) year period, may be completed by the City at the developer's expense, and the City of Fort Worth shall not be obligated to make any refunds due the developer on any facility constructed under this agreement until all provisions of the agreement are fulfilled. IV 1 F. Performance bonds, or a cash deposit in lieu of and in like amount of the perfor- mance bonds, are required for streets, storm drainage and street lights, and must be submitted prior to the execution of the contract for installation of community facilities by the City. The bonds shall be standard performance bonds as provided by a licensed surety company on forms provided by that surety company. A cash deposit in lieu of the performance bands may be made in the Treasury of the City of Fort Worth or in any financial institution in Fort Worth which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay interest or. any deposit made here- under in the Treasury of the City of Fort Worth. When the option is exercised to make the cash deposit, in a financial institution, the following terms and conditions shall apply: (1) The developer shall execute four copies of a letter assigning the deposit to the City of Fort Worth and providing for the City to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing L7 the financial institution. (2) Upon satisfactory completion of the facilities for which the deposit is made as security, the City of Fort Worth shall reassign the deposit to the deve- loper, including accrued interest or dividends thereon, upon express order of the City Manager. (3) Deposits may be made in any Fort Worth financial institution whose accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings b Loan Insurance Corporation. Bonds or Cash Deposits will be furnished for: (a) 100 per cent of the estimated developers share of the cost of the storm drains. (b) 20 per cent of the estimated developer cost of streets for amounts between $0 and $25,000 or $5,000 plus 15 per cent of the estimated developer costs for amounts between $25,001 and $50,000 or $8,750 plus 10 per cent of the estimated developer costs for amounts 'between $50,001 and $100,000 or $13,750 plus 5 per cent of the estimated developer costs for amounts over $100,000. (c) 100 per cent of the developer's share of the cost of the street lights as specified in Section 3 of the contract. (d) A cash payment of the developer's share of the project cost is required prior to initiation of construction for any facilities for which the City shall award the contract. IV - 2 G. This contract , any part hcr,,of, or any interest herein shall not be assigned by developer without written consent of the City i'lanager, and it is further agreed that such written consent will not be granted for the assignment , transfer, pledge and/or conveyance of any refunds due or to become due to developer except that such assignment , transfer, pledge and/or conveyance shall be for the full amount of the total of all such refunds due or to become due hereunder. It. On all facilities included in this agreement for which the developer awards his own construction contract , the developer agrees to follow the following procedures: (1) If the City participates in the cost of the facilities , the construction con- tract must be awarded after advertising in a local newspaper at least one time not less than two weeks prior to the date of receipt of sealed bi.J--i as required by State statutes prescribing regulations for contracts for public work. The sealed bids must be opened in the presence of a representative if the City. (2) To employ a construction contractor who is approved by the Director of the department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets , and to be qualified in all respects to bid on public projects of a similar nature. (3) To require the contractor to furnish to the City payment, performance and maintenance bonds in the name of the City for 100 per cent of the contract price of the facility, said bonds to be furnished before work is commenced. To further require the contractor to provide public liability insurance. (4) To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility so that inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces , and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, ana to make such laboratory tests of materials being used as may be required by the City. (5) To secure approval by the Director of the department having jurisdiction of any and all partial and final payments to the contractor, said approval is made, in accordance with requirements of this agreement , and is not to constitute approval of the quantities on which payment is based. (6) To delay connections of buildings to service lines of sew,,r •and water mains constructed under this contract until said sewer nd water mains and ser—I.ce lines have been completed to the satisfaction of the Water Department. (7) It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construc- tion contract for all facilities, water and F­.-Atary sewers, storm drainage and pavement, shall be separated in the bicdiag and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the abov,- were awarded as separate contracts. IV 3 110 I. Anything to the conrrary herein notwithstanding, for and in consideration of the premises and Cho covenants herein made by the City, the Developer covenants and agrees as follows: (1) The Developer shall make separate elections with regard to water and/or sanitary sewer facilities, storm drainage and street improvements and street lights as to whether the vork prescribed herein shall be per- formed by the City, its Contractor, or by the Developer's Contractor. Fach such separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement . In the event any of such separate elections has not been so made and delivered to City by such date, it shall be conclusively presumed that the Developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph IV F hereof. (2) Irrespective of any such election and whether the work is to be per- formed by the City, its Contractor or by the Developer's Contractor, the Developer covenants and agrees to deliver to the City a perform- ance bond or a cash deposit in lieu thereof in accordance with the pro- visions of Paragraph TV F of this agreement. (3) In addition to the bond or deposit required in the preceding paragrap"l, in the event Developer elects that the work be performed by the City, or its Contractor, or such election to presumed as provided above, the Developer covenants and agrees to pay to the City his share of the es- timated construction costs. The amount of such estimated payment shall be computed as set out in Sections I, II and III hereof, based upon the lowest responsible bids for such work as determined by City, or upon a cost estimate for work to be performed by City forces prepared by the City, an appropriate, and shall be subject to adjustment to actual costs upon final completion of the project. Such estimated payment shall be made promptly upon demand by City, it being contemplated that such payment will be made after the receipt of bids for the work but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. (4) Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its offi- cers, agents and employees from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including oath, resulting from, or in any way connected with, this agreement, or the construction of the improvements or facilities described herein: and in addition the Developer covenants to indemnify. hold harmless and de- fend the City, its officers, agents and employees from and against all claims, suits, or causes of action of any nature whatsoever brought for, or on account of any injuries or damages to persons or property, includ- ing death, resulting from any failure to property safeguard the work or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its Contractors, Subcontractors, agents or employees. J. The attached Exhibits A are made a part hereof for all intents and purposes. IV IN TESTIMONY WFEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has #kecuted thiqinstrument in quadruplicate, at Fort Worth, Texas this the day of 19-;Z. ATTEST: CITY OF FORT WORTH, TEXAS By: Ro 44 teman, City Secretary R. N. Line, City anager APPROVED AS TO FORM AND LEGALITY: DEVELOPER: Fort Worth Metropo �tan YMCA S. G. Johndroe, Jr. , City Attorney R. Earl Cox III, President IV - 5 APPENDIX "A" SUMMARY Cost Estimates for South Addition, Block 1 Performance Bonds Developer's City's Total Letter of Credit Construction Construction Construction C.D. 's or Section Cost Cost Cost Escrow Section I Water (Community Facilities Contract 7737) -0- Sewer (Community Facilities Contract 7737) -0- Section II Storm Drains $20,000 $3,300 $23,300 $20,000 Interior Streets (None Needed) Border Streets (Community Facilities Contract 7737) Section III Street Lights (Community Facilities Contract 7737) TOTALS $20,000 $3,300 $23,300 $20,000 Non refundable deposit for assessments as outlined in Section II (Performance Bonds and Letters of Credit are unacceptable) 3 / it of Fort Worth., Texas ' Mayor and Council Communication DATE REFERENCE SUBJECT: Contract for the Installation of PAGE NUMBER Community Facilities - Block 1, Overton 4/22/74 -2.7€37 1 of --2— The Fort Worth Metropolitan YMCA of Tarrant County, Texas, the developer of Black 1, Overton South Addition, has executed a proposed contract for the installation of community'.facilit ies to serve the areas shown on the attached maps. The preliminary cost estimate of the community facilities is as follows: Developer City Total Storm drains Construction $20,000 $3,300 $23,300 Engineering & inspection -0- 21100 2,2100 Total $20,000 $5,400 $25, 500 Street lighting, water facilities, sanitary sewer facilities, and street, paving are existing or will be installed under apmmunity facilities contract for Blocks IA through 7, Overton South Addition (Contract No. 7737, M&C 2679 dated 12/10/73). The storm drains will be installed in accordance with standard policies for the installation of community facilities. Drainage Ditch Maintenance A reement Although some work will be done to improve drainage conditions by extending a 33 inch storm drain pipe and constructing a reinforced concrete headwall along with reinforced concrete r prap, the developer also Proposes to improve and maintain a portion of the storm drainage system by a drainage ditch intenance agreement. The developer asks that a drainage ditch maintenance agreement for the portion of the ditch indicated on the attached map be entered into with the City in lieu of concrete ,Lining or enclosing the entire drainage ditch.. This contract includes City participation in the cost of storm drain improve- ment construction, engineering and administrative costs. In order to provide for the City's share of the cost of these ,improvements, a bond fund transfer is proposed from the appropriate unspecified account to the project account. Recommendation: It is recommended: l) That the following band fund transfer be approved: From To Amount Fur2os Unspecified Streets Storm Drain $5,400 City's Skjore In New Additions Improvements to Drain °atruc-- 104 -36000- 01 Block 1, Overturf tion Engineer- South Addition ing & Administ 104-36000--352 ration Costs. ,/////a�///���i/��/�,,./�i</�!�/�� DATE REFERENCE SUSIECT. PAGE NUMBER Contract for the Installation of 4/22,/74 C-2787 Community Facilities - Block 1, Overton 2 th- 2) That the City Manager be authorized to accept a drainage ditch maintenance agreement for the area indicated on the attached map; and 3) That the City Manager be authorized to reimburse the developer for the City's share of the cost of storm drain facilities construction upon their satisfactory completion; and 4) That the City Manager be authorized to execute the community facilities contract with R. Earl Cox, III, President of the Fort Worth Metropolitan YMCA. RNL:fs Attachment SUBMITTED BY: DISPOSITION BY COUNCIL- PROCESSED BY ff"APPROVED tj OTHER (DESCRIBE) CeVCRETAR!Y DATE CITY MANAGER W/ veQ City of Fort Worth., Texas v w Mayor and Council Communication DATE NUVOEgCE SUBJECT Sidewalks on Y.M.C.A. Property, PAGE 7/1/74 C-28,51 block 1 Overton South Addition of On April 22, 1974, ('M&C C-2787) , the City Council authorized the execution of a community facilities contract with the fort Worth Metropolitan Y.M.C.A. , developer of block 1 Overton South Addition. In addition to the construction of storm drain mpxovements as per City Policy, the Community facilities Contract No 7844, required the developer to construct sidewalks adiacent to Barwick Driv stance of approximately 180 feet. Paving, drainage, sidewalk, utilities and stre lights in Westhaven Drive are required by Community 'Facilities Contract No, ith, Q s�o L nd om an C- 679 dated 12/10173 The street paving of Barwick Drive and Westhaven Drive to Hulen is to be ac- complished by Casco Land Company, as per the Community Facilities Contract No. 7737 as amended on March 25, 1974 (M&C C-2751) . The Y.M,.C.A, property fronts on Westhaven Drive and on Barwick Drive. The streets are to be constructed by Casco Land Company along with a sidewalk along the Wort de of We ;t adjacent to the Y.M.C.A. property in accordance with the Community Facilities Contract No. 7737 with Casco Land Company. The sidewalk is to be constructed along the north sid'o of Barwick Drive adjacent to Y.M.C.A. property in accordance with unity Fact iti'..es iu frac't No. 7844 with... the Y.M.C.A. - Street and sidewalk i,mproventents which wore include ­Mn the various Community Facilities contracts are indicated on the attached exhibit. A letter from, the Executive Director of the Y.M.C.A. has been received where- in the Y.M.,C.A. has requested that the City Council Waive the requirements of sidewalk along the streets adjacent to Y.M.C.A. property for the following reasons 111. The property surrounding the site are residential and currently have no sidewalks. Thus, the sidewalks on the Y.M.C.A. property will "dead end" when they reach the neighbor's property. 2. The South Side Y.M.C.A. branch will serve the southwest area, upper middle-class neighborhood where almost 100:% of the members will drive to the facility, thus, there will be very little pedestrian traffic generated by Y.M.C.A. members. This has been the experience of other Y.M.C.A. facilities in similar communities. 3. The Y.M.C.A. has provided sidewalks around the parking area and in front of the building for those parking or dropping off, people in the off-street circular drive." DATE REI;EREN+�E SUBJECT, Sidewalks on Y.M,C.A. Property, PAGE NuhtBER C-2351 7/1/74 Block 1, Overton South Addition 2 ar Recommendation it is recoMnded that the Cit Council make a determination as to the need: for 'sidewalks adjacent to the Y M C A and that Communit Facilities 11 on cts No 7787 and 784 a amended to reflect an changes that ma be so determined. RNL kr Attachment SURP41TTED BY: DISPOSITIO Y COUNCIL; PRO e By APPROVED kil44MER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER SPECIFICATIONS AND CONTRACT DOCUMENTS FOR DRAINAGE FACILITIES FOR BLOCK 1, OVERTON SOUTH ADDITION PROJECT NO. 104-36000-352 IN THE CITY OF FORT WORTH, TEXAS MAY, 1974 R.M. STOVALL RODGER N. LINE MAYOR CITY MANAGER JACK M. GRAHAM, P.E. PUBLIC WORKS DIRECTOR JOHN L. JONES, P.E. CHIEF ENGINEER PREPARED BY BROWN & DAVIES, ENGINEERS FORT WORTH, TEXAS FORT WORTH METROPOLITAN Y.M.C.A. COMMUNITY FACILITIES CONTRACT DEVELOPER NO. 7844 FILE NO. S-1425 TABLE OF CONTR TS_ 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PREVAILING WAGE RATES FOR STREETS, DRAINAGE AND UTILITY CONSTRUCTION 4. PROPOSAL S. SPECIAL PROVISIONS 6. CERTIFICATE OF INSURANCE 7. MAINTENANCE BOND S. PERFORMANCE BOND 9. PAYMENT BOND 10. CONTRACT NOTICE TO BIDDERS Sealed proposals for the following: DRAINAGE FACILITIES IN BLOCK 1, OVERTON SOUTH ADDITION PROJECT NO. 104-36000-352 addressed to Mr. Art Thompson, Director, Fort Worth Metropolitan Y.M.C.A. , will be received at the office of BROWN & DAVIES, ENGINEERS, 1412 West Magnolia Avenue, Fort Worth, Texas, until: and then publicly opened and read aloud. Plans, Specifications and Contract Documents for the project may be obtained at the office of BROWN & DAVIES, ENGINEERS. A Five Dollar ($5.00) deposit is required for each set of docu- ments, which contain additional information for prospective bidders. The FORT WORTH METROPOLITAN Y.M.C.A. reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders must be qualified, bonded and approved to work in the City of Fort Worth. "Standard Specifica- tions for Construction., City of Fort Worth, Texas, Public Works Department" and City of Fort Worth Water Department General Contract Documents and Gen- eral Specifications, where applicable, will govern this work, except where modified by the Special Provisions. Construction and inspection will be under the supervision of the Director of Public Works of the City of Fort Worth, Texas. The Contractor shall comply with the minimum wage rates, in accordance with the provisions of Article 5159a of "Vernon's Annotated Civil Statutes". R. EARL COX., III, PRESIDENT FORT WORTH METROPOLITAN Y.M.C.A. ADV. DATE: INSTZ,JO` ON TO BEM` . BID t BW will not be re+t red to fum-Issh a bid bc�1 or 6t, ii bd d' #securit'l for this erect. 2. BOND AND I The Contractor will be repaired to ,make a � bow and bond of n� less than one hired per cent of the contract t price, conditioned d upon the faithful perforiance of the contract and upon of all persons u►�! �- ' the labor or furnishing, the ;t^a terdals used on this project M M' : No penalties v4ll be involved for failure to complete the project in the time'stated, but the time of completion willdefinitely be considered when avar4ing the Contract fir. °ClI In case of ambiguity or lack of clearness in stating; prices in the proposal, the Developer reserves the right to adapt the most ad- vart geous construction thereof to the Developer or to reject the pro- ,w, posal'. 5• ; - , U=5: Not lees than the prevailing wage rates established by this City of Fart Worth, Tms, and as set forth in the Contract Documents =A st be paid on this project, b, ' " , OS 'Elio; A ow, certified financial Statement may be red-sd i d � the f Works Director if required for use by, the City of Tort Worth in determIxting the successful Bidder. This statement, if req red,;is ,to be prepaid by an Independent Certified Public Accountant or'ludepondent Public Accountant holding a valid peridt issued bar an appropriate State Licensing Agency.; The Bidder mist,t have the required bps and be otherwise approved to work on City of Port Worth projects under the jurisdiction of the Public 'forks Department. 7. Mo The eutoosaftl bidder will be required to furnish a one year ftiritomwe Bo A The for= for this maintenance bond are fur- Lobe CITY OF FORT WORTH, TEXAS Prevailing Wage Rates for STREETS, DRAINAGE AND UTILITY CONSTRUCTION November, 1973 Hourly Hourly Classification Rate Classification Rate Air Tool Ilan 2.55 Form Loader 3.25 Asphalt Raker 3.30 Front End Loader(21-, CY & Less) 3.25 Asphalt Shoveler 2.50 Front End Loader(Over 21; CY) 3.50 Batching Plant Scaleman 2.80 Motor Grader Operator Fine Grade 3.65 Batterboard Setter 3.25 Motor Grader Operator 3.25 Carpenter Rough 3.50 Roller, Steel Wheel, (Plant- Carpenter Helper, Rough 2. 75 Mix Pavements) C 3. 30 Concrete Finisher (Paving) 3.50 Roller, Steel Wheel (Other- Concrete Finisher Helper (Paving) 3.00 Flatwheel or Tamping) 2. 75 Concrete Finisher (Structures) 3.50 Roller, Pneumatic Self-Propelled 2.50 Concrete Finisher Helper (Struc- Scrapers (17 CY or Less) 3.25 tures) 3.00 Scrapers (Over 17 CY) 3. 50 Form Builder (Structures) 3.50 Side Boom 3. 45 Form Builder Helper (Structures) 2.50 Tractor (Crawler) 150 HP and Less 2.80 Form Liner (Paving and Curb) 3.25 Tractor (Crawler) Over 150 HP 3.25 Form Setter (Paving and Curb) 3. 15 Tractor (Pneumatic) Over 80 HP 3. 30 Form Setter Helper (Paving and Trenching Machine, Heavy 3. 50 Curb) 2.65 Wagon-Drill or Boring Machine or Form Setter (Structures) 3.50 Post Hole Driller Operator 3.00 Form Setter Helper (Structures) 2.50 Reinforcing Steel Setter (Paving) 2. 50 Laborer, Common 2.00 Reinforcing Steel Setter(Structures)3.25 Laborer, Utility Man 2.25 Reinforcing Steel Setter (Helper) 2. 50 Manhole Builder, Brick 3.00 Steel Worker (Structural) 3.50 Mechanic 3. 65 Steel Worker Helper (Structural) 2.90 Mechanic Helper 2. 70 Oiler 2.95 Serviceman 2.85 Pipe Layer 3.00 Pipe Layer Helper 2.50 POWER EQUIPMENT OPERATORS Asphalt Distributor 3.00 Asphalt Paving Machine 3. 30 Bulldozer, 150 HP & Less 3.25 Bulldozer, Over 150 HP 3. 50 Concrete Paving Curing Machine 3.25 TRUCK DRIVERS Concrete Paving Finishing Machine 3. 50 Single Axle, Light 2.50 Concrete Paving Saw 2.88 Single Axle, Heavy 2.50 Crane, Clamshell, Backhoe, Derrick Tandem Axle or Semi-Trailer 2. 75 Dra-line, Shovel (less than l-,CY) 3.50 Vibrator Ilan (Hand Type) 2.65 Crane, Clamshell, Backhoe, Derrick Welder 3. 50 Dragline, Shovel, (11,CY and Over) 3. 70 PROPOSAL TO: MR. ART THOMPSON FORT WORTH., TEXAS DIRECTOR May, 1974 Y.M.C.A. FOR: DRAINAGE FACILITIES IN BLOCK 1, OVERTON SOUTH ADDITION PROJECT NO. 104-36000-352 Pursuant to the foregoing "Notice to Bidders", the undersigned bidder, having thoroughly examined the Contract Documents, Plans, Special Provisions, the site of the Project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all of the work as provided in the Plans and Contract Documents,, subject to inspection and approval by the Director of the Public Works Department of the City of Fort Worth, Texas, and binds himself upon acceptance of this Proposal to execute a Contract and fur- nish an approved Performance Bond and such other bonds, if any, as may be re- quired by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: SPEC. PAY ITEM ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO. NO. QUANTITY PRICES WRITTEN IN WORDS PRICE PRICE CHANNEL "All 110 1-A 1,790 C.Y. Unclassified Channel Excavation, TWO Dollars and NO -Cents per C.Y. $ 9-no $3 Sm_nn 418 2-A 70 C.Y. Class "B" Reinforced Concrete & Rip Rap, S.P. ONE HMM sTXTEM Dollars and NO Cents per C.Y. $ 13 4 QQ 440 3-A 90 L.F. 3311 Class III R.C.C.P. , Dollars and SEVENTY Cents per L.F. $ 1649 P-1 SPEC. PAY ITEM ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO. NO. QUANTITY PRICES WRITTEN IN WORDS PRICE PRICE 402 4-A 55 C.Y. Unclassified Trench Excavation., TWO Dollars and NO Cents per C.Y. $ 2.00 $__110.00 118 5-A 100 S.Y. Solid Bermuda Grass Block Sod- & ding, S.P. TWO Dollars and NO Cents per S.Y. $ 2.00 $ 200. SUB-TOTAL CHANNEL "All $13,513-00 CHANNEL "B" 110 1-B 100 C.Y. Unclassified Channel Excavation, TWO Dollars and NO Cents per C.Y. $ 2.00 $ 200. 418 2-B 29 C.Y. Class "B" Reinforced Concrete & Rip Rap, S.P. ONE HUNDRED SIXTEEN Dollars and NO $L 00. 116 Cents per C.Y. $ 364.00 406 3-B 1 Ea. Concrete Headwall for 4811 Pipe, & (S-SD13, A & B)2 S.P. FOUR HUNDRED Dollars and NO Cents per Each $ 4w-oo $ 400.00 P-2 SPEC. PAY ITEM ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO. NO. QUANTITY PRICES WRITTEN IN WORDS PRICE PRICE 118 4-B 65 S.Y. Solid Bermuda Grass Block Sod-- & ding, S.P. TWO Dollars and NO Cents per S.Y. $ 2.00 $--13QaO SUB TOTAL CHANNEL "B" $ 'LIT 091L.00 TOTAL CHANNEL "All AND CHANNEL "B" $ 170,607,00 P-3 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20-04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling #95-0-07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95-0.09 as amended to be effective October 2, 1968. The undersigned agrees to complete all work covered by these contract docu- ments within QA - working days from and after the date for commencing work as set fort?!-in the written work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Streets, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached de- posit check in the sum of Dollars, ($ ), is to become the property of the City of Fort Worth, Texas, or the attached Bidderls Bond is to be forfeited in the event the contract and bond are not executed within the time set forth., as liquidated damages for delay and additional work caused thereby. Respectfully submitted, gnx j137n Pffiff WeREf TE&B T61-e9 (S E A L) Date: P-4 SPECIAL PROVISIONS DRAINAGE FACILITIES FOR BLOCK 1, OVERTON SOUTH ADDITION CITY OF FORT WORTH, TEXAS PROJECT NO. 104-36000-352 COMMUNITY FACILITIES CONTRACT NO. 7844 FILE NO. 5-1425 1. SCOPE OF WORK: The work covered by these Plans and Specifications con- sists of a 33" storm drain pipe extension, storm drains, channel excava- tion and concrete rip rap channel liner, and miscellaneous construction to complete the project in accordance with the "Standard Specifications for Construction of the City of Fort Worth Public Works Department". This is a 100% Developer project, with no participation by the City, and it will be under the jurisdiction of the Public Works Department for con- struction and inspection. 2. THE PAY to be received by the Contractor, based on the unit prices bid on the Proposal, will be full payment for all work specified in the Plans and Specifications. No additional compensation will be allowed for fine grading which will be included in the unit prices bid for the various items of work involved. Payment will be made by the Developer upon ap- proval of the City for the work done. 3. "STANDARD SPECIFICATIONS FOR CONSTRUCTION'" OF THE CITY OF FORT WORTH PUBLIC WORKS DEPARTMENT will govern this project, except as modified by these Special Provisions and Special Specifications. A copy of the Stan- dard Specifications will be furnished the Bidder upon payment of $10.00. 4. THE BIDDER shall examine the site and familiarize himself with all con- ditions that may affect this project. 5. ALL CONTRACTORS AND SUB-CONTRACTORS., except under the authority of either a cement contractor's license and bond or plumbing license and bond, performing work under this contract, shall be required to comply with the requirements of Ordinance No. 3449, and Item 7, "Legal Rela- tions and Responsibilities to the Public" of the "Standard Specifica- tions for Construction". See also Item 2.4, "Competency of Bidders". 6. BONDS: The Contractor will furnish the required bonds, copies of which are included herewith. 7. SEQUENCE AND PHASES OF CONSTRUCTION: Probable sequence of construc- tion would be: 1. Clearing and grubbing area to receive excavated material. 2. Channel excavation and placement of excavated material. 3. Installation of 33" storm drain pipe extension. SP-1 7. SEQUENCE AND PHASES OF CONSTRUCTION (continued) 4. Install the headwall for the 4811 storm drain. 5. Install the concrete channel liner. 6. Install block sodding. 8. THE CONTRACTOR shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace, at his expense, any part or all of this project which becomes defective due to these causes. 9. THE CONTRACTOR agrees to fully indemnify and save whole and harmless the City from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind or character and, in addition, from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or mis- conduct of the said Contractor, his agents, servants or employees. And the said Contractor further agrees to comply with all applicable provi- sions of the laws and building and construction codes of the City of Fort Worth and the State of Texas, and with any regulations for the pro- tection of workers which may be promulgated by the Government, and shall protect such work with all necessary lights, barriers, safeguards and warnings as are provided for in said Specifications and the Ordinance and regulations of said City. 10. CLEARING AND GRUBBING: The Contractor shall perform all clearing and grubbing necessary in the performance of this Contract. Such work shall be considered subsidiary and will not be paid for directly. All clear- ing and grubbing shall be done in accordance with Item 102, "Clearing and Grubbing". All objectionable matter required to be removed and not particularly des- cribed under these Specifications shall be covered under this Item. 11. DAMAGE TO EXISTING FACILITIES: Any damage to existing facilities not provided to be removed or replaced in these Plans or Specifications shall be restored to its original condition fully at the expense of the Con- tractor. 12. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 13. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following pro- cedures will be followed regarding the subject item on this contract: SP-2 13. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES (continued) (1) A warning sign not less than five inches (59 by seven inches 0"), painted yellow with black letters that are legible at twelve feet (121 ) shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET (6► ) OF HIGH VOLTAGE LINES". (2) Equipment that may be operated within ten feet (101 ) of high vol- tage lines shall have an insulating cage-type of guard about the boom or arm., except back hoes or dippers, and insulator links on the lift hook connections. (3) When necessary to work within six feet (61 ) of high voltage elec- tric lines, notify the power company (Texas Electric Service Com- pany) who will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power com- pany shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to Texas Electric Service Company, and shall record action taken in each case. (4) The Contractor is required to make arrangements with the Texas Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet (6► ) of a high voltage line without protection having been taken as outlined in Paragraph (3). 14. CONSTRUCTION: PAY ITEM NOS. 2-A AND 2-B - CLASS "B" REINFORCED CONCRETE RIP RAP: This pay item shall include fine grading and furnishing all necessary labor, material, tools and equipment to construct the Class "B" Rein- forced Concrete Rip Rap as detailed and as shown on the Plans. Steel substitutions approved by the Engineer will be allowed; however, the Contractor will not be compensated for sizes larger than required. See Standard Specifications Item No. 418. PAY ITEM NO. 3-B - CONCRETE HEADWALL FOR 4811 PIPE: This pay item shall include excavation, fine grading, forming and furnishing all necessary labor, material, tools and equipment to construct the com- pleted reinforced concrete headwall as detailed in City of Fort Worth Construction Standard Drawing S-SD13, A & B. Payment will be made on a per each basis as installed in accordance with the details and as directed, at the location as shown on the Plans. PAY ITEM NOS. 5-A AND 4-B - SOLID BERMUDA GRASS BLOCK SODDING: This pay item shall include the furnishing and installing of 18 inch bermuda grass strips in accordance with the details shown on the Plans and Speci- fication Item No. 118, "Sodding". SP-3 Printed June 1971 .41W CERTIFICATE OF INSURANCE TO: Date June 12 , 1974 CITY OF FORT WORTH Project No.lo4-36000-352 TEXAS Type of Drainage Facilities for ProjectBl'ock 1, Overton South AuzlTnon THIS IS TO CERTIFY THAT Glade, Inc . . P. 0. Box 11370 , Fort Worth Texas (Same and Address of Assured) 76109 is, at the date of this certificate, insured py this Company with respect to the business operations hereinafter described, for the type of Insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE )n1jr-g Nn- Effective Expires Limits of Liabilit Workman's y Compensation Public 1 Person $ Liability 1 Accident$ Contingent 1 Person $ Liability 1 Accident$ Property Damage Builder's Risk Automobile Umbrella Other T)CT,n7r;-�87 1i i -?n-7-� JI -?Q-76 I Acnic1pnt. $�-) . QQ-Q,-M0 The foregoing Policies tdo) (do Not) cover all sub-contractors. Locations Covered: State of Texas --- Descriptions of Operations Covered: General Cnntranting The above policies either in the body thereof or by appropriate endorsement provide, that they may not be changed or cancelled by the insurer in less than five days after the insured has received written notice of such change or cancellation. When applicable local laws or regulations require more than five days actual notice of change or cancellation to the assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. UNITED STATES FIRE INSURANCE COMPANY Name cf Insurer) ones and Chappell 8y. LL4�1�1 Title Agents F-1 Printed June 1971 CERTIFICATE OF INSURANCE TO: Date - June 7 , 1974 CITY OF FORT WORTH Project No. 104-36000-352 TEXAS Type of Drainage Facilities for Project Block 1, Overton South Addition THIS IS TO CERTIFY THATGlade , Inc . P .O. Box 11370 , Fort Worth , Texas 76109 (Same and Address of Assured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of Insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE 31A1 I cy NA_ Effective Expires Limits of Liabilit Workman's RJ 25914 1-28-74 1-28-75 Statutory Compensation Public RlCC 749115 1-28-74 1-2875 1 Person $ - Liability 1 Accident§ 300,000. Contingent RICC 749115 1-28-74 1-28-75 1 Person $ Liability I Accident$ 300,000. Property RlCC 749115 1-28-74 1-28-75 1 Accident$ 100,000. Damage Agpregate $ 100,000. Builder's Risk 1CC 749116 1-28-74 1-28-75 BI-1 Person $100,000. Automobile 1 Accident $300,000. Other PD-1 Accident$50,000. The foregoing Policies (U) (do Not) cover all sub-contractors. Locations Covered: State of Texas Descriptions of Operations Covered : General Contracting The above policies either in the body thereof or by appropriate endorsement provide, that they may not be changed or cancelled by the insurer in less than five days after the insured has received written notice of such change or cancellation. When applicable local laws or regulations require more than five days actual notice of change or cancellation to the assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. UNITED STATES FIDELITY AND GUARANTY COMPANY (Name of Insurer) Jones and Chappell By F-1 Title Agents Printed June 1971 "UXIENCZ RECORD List of Projects your OXgenization has successfully completed: NAME AM .ADDRESS AMT CONTRACT AOAV . TYM OF WORK OATR ACCEPTED List of Projects your Urganixation is now engaged in completing: ANTICIPATED DATE HAMS AND ADDRESS OF CONTRACT AWARD TYPE OF ORK OF COWLITION Of qMR List Surety Bonds in Force on above incomplete work: TYPZ Of NAME AND ADDRESS DATE OF CONTRACT AWARD A AMOUNT OF BOND OF SURETY F-2 !gvlpment schedule List of Equipment owned by Bidder that is in serviceable condition and avail- able for use. IMeemem�4Hi I�IIOIOOINVUW0i0uNM �nmm,v�n�wrvm�mM�newn+muuvs'ufi�uwawowmmnwiwiiwXmw,narvwiwwnw�ai�iwin�a�w� mwnl�!W �+m,IM��;:VtY mm'mmnum.n✓ �0.� YM.rvnquWrnn ..bin/.WXbxiv�mdM1CMU�miorulPoMVA.rx�R�'�� M1waMNiNAw�aM.'ginWmpWlAp�BmmMmnRMM�RW15)L avry ilA�u�'.NR .Mmgll Mm+mlr'.0/IUO.:N�—,u/�nlusmmmwmemiunwrvmnwmmmnmmo�w o�.2,p�yuCia�Y� Portions of work Bidder proposes to subl,at in cams of Avrivs I Contrzpctm in- cluding amount and type: �mmimo!aioidm!mdmkmi!eNruwuwrvr-wrcwrnme'wH�wmmdmr�ummm�Nw.n'wmuwoummm�mwr� sro!reMmMGr�AfM!9tAWtSti�eMJYAm'aewmM wmmma'irwmmmil4roYiw.atlrtnmwmwmumMrevmmro'M'AgilwvM(':m'em'mu��w'm.��nvmw.vw'wrwumwm.�rvm'moMwmnmm�.wWw.�mwairwlw'uMUUUmpmUN�w�avw�'nrwuw�iorMw':.w.4�mwwliNllWlwwir�r�urtammrgmewm'mmiiimmuNUU�.muO�n�nrmnwi�i r'-3 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS, That Glade, Inc. hereinafter called Contractor, as principal, and United States Fidelity and Guaranty Company a corporation organized under the laws of the State of Maryland , as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and Laws of the State of Texas, at Fort Worth, in Tarrant County, Texas, the sum of Seventeen thousand, six hundred seven and no/100 Dollars ($ 17,607.00 ). lawful money of the United States, for the payment of which sum well and truly to be made unto said City. of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS, said Contractor has this day entered into a written Contract with Fort Worth Metropolitan Y.M.C.A. the Developer, dated 7- 7 , a copy of which is attached hereto and made a par hereof) and said Developer in turn entered into COMMUNITY FACILITIES CONTRACT NO. with the City of Fort Worth, Texas, the Owner; dated -?-2 6 /%71,/, for the Construction of Drainage Facilities for Block 1, Overton South Addition designated as Project No. 104-36000-352 , which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied verbatim herein, such project and construction being hereinafter referred to as the "work", together with Miscellaneous Construction in the City of Fort Worth, together with the necessary grading and excavation, which Contract and the Specifications therein mentioned adopted by the City are expressly made a part hereof, as though written herein in full; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One Year after the date of the final accep- tance of the work by the City; and, WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One Year ; and , WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period , if in the opinion of the Director ,., of Public Works of the City of Fort Worth, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as heron provided. MB-1 NOW, THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had 1 hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, the Glade, Inc. has caused these presents to be executed in three counterparts by its authorized Attorney-in-Fact, and said United States Fidelity and Guaranty Company , surety, Has caused these presents to be executed in three counterparts by its Attorney-in-Fact and attested by its corporate seal, this 7th day of June A.D. 19 74 U11 U ► Z., INC. Contractor Bye UNITED STATES FIDELITY AND GUARANTY COMPANY Surety William B. Chappell, Attorney/-&-Fact -Fact Baltimore, Maryland Address ATTEST: (SEAL) Secretary v i MB-2 (DC - 5/21/70) PERFORMANCE BOND THE STATE OF TEXAS X COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we Glade, Inc. a (2) Corporation of Fort Worth, Texas hereinafter called Principal, and (3) United States Fidelity and Guaranty Company a corporation organized and existing under the laws of the State of Maryland and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: Seventeen thousand, six hundred and seven and no/100 ($ 17,607.00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with Fort Worth Metropolitan Y.M.C.A. the Developer, dated 7 a copy of which is hereto attached and made a part hereof, an said Developer in turn entered into COMMUNITY FACILITIES CONTRACT No. with the City of Fort Worth, Texas, the Owner, dated c2 a 4t�. 2 /f 7"/ for the construction of Drainage Facilities for Block 1, Overton South Addition designated as Project No. 104-36000-352 . which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied verbatim herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmles's the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect, FROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby vaive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 1N WITNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the 7th day of June A.D., 19 74 GUADE, INC. ATTEST: N A (4 P. O. BOX 113 0 WORTH, TEXAS 76109, !('Principal Secretary (S E A L) (Address) Witness as to Principal (Address) UNITED STATES FIDELITY AND GUARANTY COMPANY u ety ATTEST! BY. Z& hz, (Attorney-in-facf) (5) .(Surety) Seerftilry- Baltimore, Maryland (Address) (S E A L) NOTE- Date of Bond must not be prior to date of Contract (1) Correct name of Contractor Witness as to Surety (2) A Corporation, a Partnership Fort Worth, exas or an Individual, as case may be (Address) (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (DC - 5/21/70) (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) Glade, Inc. a (2) of Corporation Fort Worth, Texas hereinafter called Principal, and (3) United States Fidelity and Guaranty Company a corporation organized and existing under the laws of the State of Maryland Vand fully authorized to transact business in the State of Texas, as Surety are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of: Seventeen thousand, six hundred seven and no/100 17,607.00 Dollars in lawful money of the United States, to 1P* paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with Fort Worth Metropolitan Y.M.C.A. the Developer, dated Z kz'---' IZ7,11-91 a copy of which is hereto attached and made a part hereof , and said Developer in turn entered into COMKUNITY FACILITIZS CONTRACT NO. with the City of Fort Worth, Texas, the owner, dated ?.7, for the construction of Drainage Facilities for Block 1, Overton South Addition designated as Project No. 104-36000-352 -, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied verbatim herein, such project and construction being hereinafter referred to as the "work". NOW,, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil, Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shalj be null and void , otherwise it shall remain in full force and effect, THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said ContTacr,, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in. Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Act. 56th. Legislature, Regular Session, 1959, PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall. lie in Tarrant Ccunty, State of Texas, and that the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or a6dition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, exten- sion of time, alteration or addition to the terms of the contract or to the work to the specificatj,ons, PROVIDED FURTHER, that no final ettlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied, IN WITNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the 7th day of June A.D, GLADE, INC Prin�il (4) ATTEST, B (Prircf P�S ecretary , (S E A L) P. O. BOX 11370 FORT WORTH. TMAS 7649 Witness as to Principal Fort Worth, Texas (Address) (Address) ATTEST: A, UNITED STATES FIDELITY AND GUARANTY COMPANY (Sure y) 4eer�etary Surety BY: .'x 4 F � Attorney-in-Fact (5) (SEAL) Baltimore, Maryland (Address) Witness as to Surety NOTE: Date of Bond roust not be prior to date of Contract. Fort Worth, Texas (1) Correct name of Contractor (Address) (2) A Corporation, A Partnership or an individual, as case may be (3) Correct name of Surety (4) If Contractor is Partnership, all partners should execute bond. (5) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact. (DC - 5/21/70) 1 � �� � � � � ��r ��� �� , � i � 1 ,' � � , r � l 1 � 1 l 1 i,r f �s�14 � �: G f �;;, ���� a a�V,�„�� � 'f i J r I ,`; r l ,� ,� III J �r < < 1 � � i � � 1f� � � �` � �; l l �r J`, I �' �, � � � � � � � ��I II I � 16 �� r ...., ((f11 « rp « � 7 , �I� fl JJ� �'��r✓�� � �f 1 J � ,f n, '� aa� ' � 11` 1 l �� r �� t "titi�� � � � 1 1` i l �1 ' t ° �l �i 1 �, � � � »���� il�� � ��I � � � � f � � r � l � � �� 1, �� � �i f 1 , , � ,, l �, << V 1 �l��l� � � iii � Il�ll����l ii A A. DRAINAGE DITCH MAINTENANCE AGREEMENT THE STATE OF TEXAS I I KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT WHEREAS, The Fort Worth Metropolitan Y.M.C.A., a corporation represented by R. Earl Cox III, its duly authorized President, is the owner of Block 1, Overton South Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, The Fort Worth Metropolitan Y.M.C.A. prepared and submitted a plat of said area to the City of Fort Worth for its approval prior to such plat being recorded in the office of the County Clerk of Tarrant County, Texas, and by virtue of such plat, Developer proposes to dedicate to the City of Fort Worth a drainage easement which extends from the northwest outfall of a concrete lined channel northwestward to the north property line of said Block 1, designated as Channel "A", and also from the outfall of an existing 48-inch storm drain eastward to the preceding easement, designated as Channel "B", and is shown as the area outlined in red on the attached diagram, which is marked Exhibit "A" and hereby incorporated herein by reference for all purposes; and, NOW THEREFORE, The/Fort Worth Metropolitan Y.M.C.A. of Tarrant County, Texas, being the owner of Block 1, Overton South Addition, an addition to the City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer", one dollar and 00/100 ($1.00) to R. Earl Cox III in hand paid by the —/City of Fort Worth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby covenants as follows with the public and the City of Fort Worth, such covenants to constitute a servitude upon and to run with the land and be binding upon The Fort Worth Metropolitan Y.M.C.A. and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Block 1, Overton South Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as P shown on plat recorded in Volume -1,11r,r,x , age 4,1 , of the Plat Records of Tarrant County, Texas. 1. Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel in the drainage easement outlined in red on the attached Exhibit "A" in accordance with the current standards then in force and effect in the City of Fort Worth at no expense to the City of Fort Worth. In the event Developer fails or refuses to correct any deficiencies or to make any improvements in the bed and banks of the drainage channel which are necessary in the opinion of the City of Fort Worth to bring such drainage channel into compliance with the current standards for such channels then in force and effect in the City of Fort Worth within 30 days after being directed in writing by the City of Fort Worth to correct such deficiencies or make such improvements, then and in such event the City of Fort Worth shall be authorized to enter in and upon such drainage channel and to correct such deficiencies or make such improvements or cause same to be done on behalf of and at the expense of Developer and to impress a lien for the cost of such work upon the real property in Block 1, Overton South Addition, an addition to the City of Fort Worth, Tarrant County, Texas, adjacent to and abutting the area in the drainage channel where such work was performed in order to secure reimbursement for such cost to the City. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas, an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this agreement. 2. Developer covenants and agrees and does hereby indemnify, hold harmless and defend the City of Fort Worth, its agents, servants and employees from and against all costs, expenses, losses, damages, claims or causes of action whatsoever arising, or which might arise, from the failure of Developer or any future owners of the above described pro- perty to maintain the bed and banks of the drainage channel in accordance herewith, or to perform any of its duties or obligations hereunder. -2- 3. Developer covenants and agrees that no habitable building shall be erected within the drainage easement outlined in red on Exhibit "All, but this paragraph shall not preclude construction of other improvements within the drainage easement which do not impede drainage. 4. Developer covenants and agrees that no habitable building shall be erected on the above described property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the drainage channel which would occur during a one hundred (100) year frequency flood. 5. Developer agrees that the above described real property abutting the drainage channel will not be subdivided into smaller parcels or tracts unless and until an agreement in writing is made between the City of Fort Worth and the then owners thereof providing for the improvement at no expense to the City of the bed and banks of the drainage channel to the extent deemed necessary by the City, impressing a lien upon such parcels or tracts for the cost of such improvements and indemnifying the City of Fort Worth, its agents, servants and employees from and against all cost, expenses, losses, damages, claims or causes of action whatsoever arising, or which might arise, from the failure of such future owners to maintain the bed and banks of the drainage channel in accordance herewith, or to perform any of their respective duties and obligations hereunder. It is further agreed that any attempt by developer to subdivide said real property without first complying herewith and any purported cognizance made pursuant thereto shall be void. The above covenants and agreements shall constitute a servitude upon and shall run with the land and be binding upon the Developer and all subsequent owners of the above described real property abutting the drainage easement outlined in red on the attached Exhibit "A", and hereby incorporated herein by reference for all purposes. EXECUTED THIS DAY OF A.D., 197#+ olitan Y.M.C.A. The Fort Wor-bh Meti�� By:"�"'S=/�� -3- THE STATE OF TEXAS X COUNTY OF TARRANT X Before me, the undersigned authority, on this day personally appeared' t y� �, known to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this C� day of A.D. , 191f.