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HomeMy WebLinkAboutContract 35661 CITY SECRETARY_qNo�j CONTRACT NO. ____--- COMPLETION AGREEMENT[bl] This Completion Agreement ("Agreement) is made and entered into by and among the City of Fort Worth ("City"), and W/J Haywire I L.P. , a Texas Limited Partnership ("Developer"), and Texas Capital Bank, National Association rb2l("Lender"), effective as of k ---� , 200�. The City, U the Developer and the Lender are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 92.592 acres that is located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes (which tract of real property is hereinafter called the "Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP-06-110 or FS---------; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Paving, Drainage & Utility Improvements to Serve Haywire Ranch, Section 1 (hereinafter called the "CFA"); and WHEREAS, the City has required certain assurances of the availability of funds to complete the streets, street signs and lights, and the water and sewer utilities for the development of the Property (herein collectively called the "Community Facilities"), and WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter defined) subject to, and in accordance with, the terms, provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of the Property (hereinafter collectively called the "Plans"); and rHl IAL RECORD '\,1 L iv. WORTH, TEX, WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW THEREFORE, for and in consideration of the benefits to be derived from the mutual observance by the parties of the terms and conditions hereof, and for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the Community Facilities in the aggregate should not exceed the sum of Four Million Three Hundred Sixteen Thousand Nine Hundred Thirty Eight and 89/100 Dollars ($4,316,938.89), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. 3. Adiustments to the Completion Amount. The Lender may from time to time make advances to the Developer for the development of the Property under the development loan that has been made by the Lender to the Developer for the purpose of financing the costs of constructing the Community Facilities for the Property (the "Loan") subject to, and in accordance with, the terms, conditions and provisions of the Loan Documents (which term is hereinafter defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit "B", attached hereto and incorporated herein for all purposes, with the Hard Costs (which term is hereinafter defined) line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and COMPLETION AGREEMENT May 2007 Page 2 of 13 installation of the Community Facilities. To the extent that advances under the Loan are for the payment of Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold statutory retainage from any advances under the Loan or pursuant to this Agreement. All such retainage withheld, to the extent it is attributable to Hard Costs, shall also reduce the Completion Amount dollar for dollar. All retainage withheld by the Lender for Hard Costs that are advanced to the City pursuant to this Agreement shall be released to the City as provided in the Texas Property Code upon expiration of the statutory retainage period. 4. Completion by the Developer. The Developer agrees to complete the Community Facilities on or before the date for completion that is established in the Loan Documents plus thirty (30) days (hereinafter called the "Completion Date"), in accordance with the CFA, the Plans that are approved by the Lender[b3l and the City and all documents evidencing or securing the Loan (which documents are hereinafter collectively called the "Loan Documents"). For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities. The City shall promptly notify the Lender and the Developer upon such acceptance. 5. Completion by the City. In the event that either: (A) the development of the Property is not completed by the Completion Date for any reason whatsoever, or (B) the Developer is in default under the Loan, then the Lender, at its sole option, may request the City to complete development. The City may, at its sole option and at the cost and expense of the Developer, within 10 days from receipt of Lender's request, notify Lender that it will undertake to complete the Community Facilities and the City shall then commence, pursue, and complete the Community Facilities in a diligent and workmanlike manner in accordance with the Plansfba] on or before the completion date, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Community Facilities. COMPLETION AGREEMENT May 2007 Page 3 of 13 If the City does not timely elect to complete the construction of the Community Facilities, then the Lender may at its election terminate this Agreement, or at its option, proceed to complete the Community Facilities[bsl and the City agrees to accept the Community Facilities in accordance with Section 4 hereof, or foreclose on any of its collateral, or take any and all such action as may be provided under the Loan Documents. 6. Advance of Completion Costs to the City and Delivery of Lard Costs Collateral to the City. In the event the Lender has requested the City and the City has elected[b6] and agreed to complete the Community Facilities, Lender shall transfer to the City all remaining undisbursed Hard Costs specified in the Approved Budget within 10 days of the date that the City elected to complete and provided Lender with written notice of such election. The Developer hereby authorizes and instructs the Lender to make the transfer of any remaining undisbursed Hard Costs specified in the Approved Budget to the City within 10 days of notification that the City elects to complete the Community Facilities. In the event the cost to complete the Community Facilities exceeds the moneys transferred to the City, City shall notify Lender and Developer in writing of the need of additional funds. The additional funds required to complete the Community Facilities shall be delivered to the City[b7] by the Developer within 10 business days following notification to Lender and Developer. Failure to deliver the additional funds shall relieve the City of the obligation to complete the Community Facilities, in which event City shall use the Hard Costs funds in its possession to pay the contractor(s) all funds due it/them[ba] for the work performed to date. Any remaining undisbursed Hard Costs shall be returned to Lender within a reasonable time. 7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Community Facilities if there is any default under any Loan Documents in lieu of requesting the City to complete the Community Facilities. If the Lender elects to complete COMPLETION AGREEMENT May 2007 Page 4 of 13 the Community Facilities, any Hard Costs it expends shall, dollar for dollar, reduce the Completion Amount. 8. Easements. In the event the City or the Lender .undertakes the completion of the Community Facilities, the Developer (and to the extent necessary the Lender) grants to the City and the Lender open access to the Property and shall execute and deliver such temporary easements over and across the entirety of the Property for the purpose of access and use for the completion of the construction of the Community Facilities in accordance with this Agreement. To the extent requested by the City and the Lender, written temporary construction easements in form acceptable to the City and the Lender shall be executed by the Developer and filed of record. Nothing in this paragraph shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents. 9. Lender's Rights. Nothing in this Agreement shall affect any portion of the Lender's collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the collateral as it elects in accordance with the Loan Documents. 10. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to payment and performance bonds or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 11 . Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; (b) mutual written agreement of all of the Parties; or (c) the reduction of the Completion Amount to zero[b91; or (d) termination of this Agreement by Lender pursuant to Section 5 hereof. However, release of the COMPLETION AGREEMENT May 2007 Page 5 of 13 plat shall be governed by paragraph 12 hereof and termination pursuant to (b) or (c) of this paragraph 11 shall not require the City to release the plat. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 13. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: a. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; b. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; c. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and d. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in a., b., and c. above. 14. Miscellaneous. A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: COMPLETION AGREEMENT May 2007 Page 6 of 13 (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Transportation Public Works Shadran Scott Confirmation Number: 817-392-7905 and/or Attention: Water Department Peggy Chaney Senior Eng. Tech. Confirmation Number: 817-392-8428 With a copy thereof addressed and delivered as follows: Amy J. Ramsey Office of the City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Confirmation Number: 817-392-7617 (ii) Notice to the Developer shall be addressed and delivered as follows: W/J Haywire I LP 600 N. Pearl St., Ste. 650, LB 149 Plaza of the Americas Dallas, TX 75201 Attn: Clyde C. Jackson, Jr. COMPLETION AGREEMENT May 2007 Page 7 of 13 (iii) Notice to the Lender shall be addressed and delivered as follows: Texas Capital Bank, National Association 2100 McKinney Ave., Ste. 1225 Dallas, TX 75201 Attn: Brett Walker Telephone: (214) 932-6748 Fax: (214) 932-6806 [b101 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof; provided, however, that this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. COMPLETION AGREEMENT May 2007 Page 8 of 13 G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to his Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) COMPLETION AGREEMENT May 2007 Page 9 of 13 Executed by the Parties in five counterparts, each of which shall be deemed to be an original, to be effective as of the date first stated above. CITY OF FOR ORTH APPR0 ,E� AS TO FORM AND LEGA , T A, By: G �� Marc Ott Amy J., a sey Assistant City Manager Assistant City Attorne DEVELOPER LENDER W/J HAYWIRE I LP, a Texas limited partnership By: W/J Haywire I Management LLC, a Texas limited liability company, its general partner By: _:mil ,MWgAJ* By: sw� Name: Name: Brett Walker[bl]i Title: Title: Senior Vice President@12i CCU Attested By. Marty Hendrix City Secretary Q- Contract \\ Authorization Date COMPLETION AGREEMENT `JJ�1�r NJCYJ�' �p�gP�� May 2007 �� �Y1 IIS � Page 10 of 13 [b13]LIST OF EXHIBITS TO THE COMPLETION AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET COMPLETION AGREEMENT May 2007 Page I I of 13 EXHIBIT A COMPLETION AGREEMENT May 2007 Page 12 of 13 LEGAL DESCPJPTION BEING all that tract of land in Tarrant County,Texas,being a part of the J.T.ALLEN SURVEY,ABSTRACT No.67,a pad of the C.E.P.L MFG.CO.SURVEY,ABSTRACT No.382,a part ofthe T.&N.O.RR.Co. SURVEY,ABSTRACT No. 1566,a part of the S.B.HOPKINS SURVEY,ABSTRACT No.672, and being a part of that 260.061 acre tract of land conveyed to W/J Haywire i LP is tw=ded in Clerk's Document Number D206260623,Tarrant County Deed Records,and being further descnled as follows: BEGINNING at a PK nail found at the southwest comer of said 260.061 acre tract,said point being in the approximate center line of Whito Settlem cat Road(50 foot right-of- way),said point being the southeast corner of the tract of land conveyed to J.J.Dearing and Betsy Jo Dearing Browder as recorded in Volume 8317,Page 475,Tarrant County Deed Reoords,and to Robert Dearing Browder as recorded in Volume 14336,Page 556. Tarrant County Dead Records; THENCE North 00 degrees 00 minutes 45 seconds West,at 25.00 feet,passing a five- eighths inch iron rod found in the north line of White Settlernent Road,in all a total of 67.01 feet to a one-half inch iron rod with"JBI"yellow cap set far comer; THENCE South 75 degrees 57 minutes 38 seccmds Fast,272.35 feet to a one-half inch iron rod with"JBl"yellow cap set for comma; THENCE North 59 degrees 02 minutes 22 seconds East, 14.14 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE North 14 degrees 02 minutes and 22 seconds East, 89.64 feet to a one-half inch iron rod with"JB1"yellow cap set for corner; THENCE North 75 degrees 57 minutes 38 seconds West, 118.22 feet to a one-half inch iron rod with"JBI"yellow cap set for corner; THENCE North 53 degrees 58 minutes 47 seconds West,361.56 feet to a one-half inch iron rod with"JBI"yellow cap set for cornet, THENCE North 36 degrees 06 minutes 06 seconds West,337.97 feet to a one-half itch iron rod with"JBI"yellow cap set for corner, THENCE North 70 degrees 42 minutes IS seconds East, 120.00 feet to a one-half inch iron rod with"JBf"yellow cap set for corner; THENCE North 19 degrees 17 minutes 45 seconds WM 128.00 feet to a one-half inch iron rend with"JBI"yellow cap set for corner; THENCE North 23 degrees 38 minutes 03 seconds West,273.37 feet to a one-half inch iron rod with"JBP'yellow cap set for corner; THENCE South 51 degrees 46 minutes 29 seconds West, 105,00 feet to a one-half inch iron rod with"JBI"yellow cap set for comer; THENCE North 38 degrees 13 minutes 31 seconds West,247.26 feet to a one-half inch iron rod with"JBI"yellow cap set for corner in the west line of said 260.061 arse tract, said point also being in the cast line of said JJ.Dearing and Betsy Jo Dearing Browder tmmdt,and said Robert Dearing Browder tract; THENCE North 00 degrees 00 minutes 45 wwndb West, 1289.52 tea with the west line of said 260.061 acre tract,and with the east line of said J.J.Dearing and Betsy Jo Dearing Browder tract, and said Robert Dearing Browder tract to a ow-half inch iron rod with "JBI"yellow cap set for corner, THENCE North 89 degrees 59 minutes IS seconds Fast, 150,14 feet to a one-half inch iron rod with"J81"yellow cap set for comer, THENCE North 00 degrees 50 minutes 12 seconds West,10.00 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE North 89 degrees 59 minutes 15 seconds East,50.00 feet to a one-half inch imn rod with"JBI"yellow cap set for corner, THENCE South 00 degrees 00 minutes 45 w. ands Past,20.75 fleet to a one-half inch iron rod with"Mr yellow cap set for corner, THENCE North 89 degrees 59 minutes IS seconds East, 140.00 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE North 00 degrees 00 minutes 45 seconds West,40.00 feet to a one-half inch iron rod with"JBI"yellow cap set for corner; THENCE North 89 degrees 59 minutes 15 seconds Fast:,390.00 feet to a one-half inch iron nod with"JBI"yellow cap set for corner, THENCE North 00 degrees 00 minutes 45 seconds West,120.00 feet to a one-half inch iron rod with"JBI"yellow cap set for comer, THENCE North 45 degrees 00 minutes 45 seconds West, 14.14 feet to a one-half inch iron rod with"JBI"yellow cap set for corner•, THPNCF..South 89 degrees 59 minutes 15 seconds West,10.00 feet to a one-half inch iron rod with"JHr'yellow cap set for comer; THENCE North 00 degrees 00 minutes 45 seconds West,50.00 feet to a one-half inch iron rod with"W'yellow cap set for corner; THENCE North 89 degrees 59 minutes 15 seconds Fast,325_00 fezt to a one half inch iron rod with"JBI"yellow cap set for corner; THENCE North 44 degrees 59 minutes 15 seconds East, 14.14 feet to a one-half inch iron red with"Mr yellow cap set for corner, THENCE North 00 degrees 00 minutes 45"TAm is West,9.93 feet to a one-half inch iron rod with"JBr yellow cap set for corner, THENCE South 89 degrees 52 minutes 21 seconds East,50.00 feet to a one-half inch iron rod with"JB f"yellow cap set for corner, THENCE South 00 degrees 00 minutes 45 seconds East,9.91 feet to a one-half inch iron rod with"JB1"yellow cap set for comer, THENCE South 44 degrees 41 minutes 55 seconds East, 14.22 feet to a one-half inch iron rod with"JB1"yellow cap set for comer, THRNCF Snutheaxriy, 10.00 feet with a curve to the tight having a central angle of 00 degrees 18 minutes 50 seconds,a radius of 1825.00 feet,a tangent of 5.00 feet,whose chord beers South 89 degm 04 minutes and 15 seconds East, 10.00 feet to a one-half inch iron rod with"JBF yellow cap set for comer; THENCE South 00 degrees 00 minutes 45 seconds East,50.01 feet to a ore-half inch iron rod with"JBI"yellow cap set for corner, THENCE Northwesterly, 10.45 feet with a curve to the left having a central angle of 00 degrees 20 minutes l4 seconds,a radius of 1775.00 feet,a tangent of 5.23 feet,whose chord burs North 89 degrees 03 minutes and 05 seconds West, 10.45 feet to a one-half inch iron rod with"dBr yellow cap set for corner, THENCE South 46 degrees 17 minutes 23 seconds WeaL 14.31 feet to a one-half inch iron rod with"JBP yellow cap set for corner, THENCE Southwesterly, 120.60 feet with a curve to the right having a central angle of 06 degrees 44 minutes 28 seconds,a radius of 1025.00 feet,a tangent of 60.37 feet, whose chord bears South 05 degrees 36 minutes and 39 seconds West, 120.53 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE Sourly,374.48 feet with a curve to the right having a central angle of 13 degrees 02 minutes 36 seconds,a radius of 1645.00 feet,a tangent of 182.05 firet,whose chord been South 83 degrees 24 minutes and 27 seconds East,373.67 feet to a one-half inch iron rod with"JBI"yellow cap set for corner; THENCE South 76 degrees 53 minutes 09 seconds East, 118.23 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE North 83 degrees 35 minutes 58 seconds East, 199.16 feet to a one-half itch iron rod with JBI"yellow cap set for comer, THENCE Soukheesterly, 139.93 feet with a cum to the right having a central angle of 03 degrees 59 minutes 24 seconds,a radius of 1995.00 feet,a tangent of 69.49 feet,whose chord bears South 08 degrees 28 mimes and 22 seconds East, 138.90 feet to a one-half inch inm rod with"M'yellow cap set for comer, THENCE Southeasterly, 199.71 feet with a curve to the right laving a central angla or 09 degrees 08 minutes 03 seconds,a radius of 1.190.00 feet,a tangent of 93.O6 feet,whose chord bears South 01 degrees 54 mi nutts and 38 seconds East, 1899.51 feet to a ono-half itch iron rod with"JBI"yellow cup set for cornet; THENCE Soutb 88 degrees 18 minutes 23 seconds East,40.01 feet to a one-half inch iron rod with"JBr'yellow cap set for comer, THENCE Northeasterly,0.80 feet with a carve to the lea having a central angle of 00 degrees 27 minutes 23 seconds,a radius of 1230.00 feet,a tangent of 4.90 feet, whose chord bears North 02 degrees 23 minutes and 49 seconds East,9.80 feet to a one-half inch iron rod with"W'yellow cap set for corner, THENCE North 46 degrees 14 minutes 14 seconds East;14.31 feet to a one-half inch iron rod with"JRT"yellow cap�wt for corner, THENCE South 89 degrees 27 minutes 42 seconds EasL 126.10 feet to a one-half inch iron rod with"JBI"yellow cap sat for corner; THENCE Southeasterly.96.29 feet with a curve to the right having a central angle of 03 degrees 21 minutes 06 seconds,a radius of 1475.00 feet,a tangent of 43.15 feet,whose chord bears South 87 degrees 47 minutes and 09 seconds East,86.27 feet to a one-half inch inn rod with"JBI"yellow cap set for comer; THENCE South 40 degrees 19 mim tcs 59 seconds East, 14.00 feet to a ono4 alf inch iron rod with"JBI"yellow cap sea for corner; THENCE South 05 degrees 14 minutes 59 seconds West,155.O8 feet to a one-half inch iron rod with"JBI"yellow cap set for corner; THENCE Southwesterly, 150.43 feet with a curve to the left having a central angle of 04 degrees 15 minutes 23 seconds,a radius of 2025.00 feet,a tangent of 75.25 feet,whose chord bears South 03 degrees 07 minutes and 17 seconds West. 150.40 feet to a one-half inch iron rod with"JB1"yellow cap sot for corner; THENCE South 00 degrees 59 minutes 36 seconds West, 150_88 feet to a one—half inch iron rod with-jar yellow cap set for comes; THENCE Northwesterly,171.66 feet with a curve to the right having a central angle of 20 degrees 16 minutm-46 sewnds,a radius of 485.00 feet,a tangent of 86.74 fret,whose chord bears North 75 degrees 54 minutes and 44 seconds West, 170.77 feet to a one-half inch iron rod with'181"yellow cap set#br comer; THENCE North 65 degrees 46 minutes 21 seconds West, 103.17 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE Southwesterly,96.62 feet with a curve to the right having a central angle of 04 degrees 25 minutes 43 seconds,a radius of 1250.00 feet,a tangent of 49.33 feet,whose chord bears South 22 degrees 00 minutes and 47 seconds West,96.60 feet to a one-half inch iron rod with"M"yellow cap set for comer; THENCE South 24 degrees 13 minutes 39 smonds West,313.49 feet to a one-half inch iron and with"JBI"yellow cap set for corner, THENCE South 65 degrees 46 minutes 21 seconds East,20.00 feet to a one-half inch iron rod with"JBI"yellow cap set for comer. THENCE South 24 degrees 13 minutes 39 seconds West,50.00 feet to a one-half inch iron rod with"J81"yellow cap set for cotter; THENCE North 65 degrees 46 minutes 21 seconds West,20.00 feet to a one-half inch iron trod with"JBI"yellow cap set for corner; THENCE South 24 degrees 13 minutes 39 seconds West 115.00 feet to a one-half inch iron rod with"JBI"yellow cap set for corner. THENCE South 65 degrees 46 minutes 21 seconds East, 124.54 feet to a one-half inch iron rod with"JBI"yellow cap set for corner; THENCE Southeasterly,431.48 feet with a curve to the left having a central angle of 24 degrees 43 minutes 18 seconds,a radius of 1000.00 fioet,a tangent of 219.15 feet,whose chord bears South 78 degrees 08 minutes and 00 seconds East,428.14 feet to a one-half inch iron rod with"JBI"yellow cap set for comer; THENCE North 89 degrees 30 minutes 20 seconds East, 17.61 feet to a one-half inch iron rod with"JBI'''yellow cep set for corner; THENCE North 00 degrees 29 minutes 40 seconds West,20.00 feet to a one-half inch Iron rod with"JBI"yellow cap set for corner; THENCE North 89 degrees 30 minutes 20 seconds East,$0.00 feet to a one-half inch iron rod with"JBP'yellow cap set for corner, THENCE South 00 degrees 29 minutes 40 seconds East, 130.00 feet to a one-half inch iron rod with"Mr yellow cap set for comer, THENCE South 45 degrees 29 minutes 40 seconds East, 14.14 feet to a one-half inch iron rod with"JBI"yellow cap set for comer, THENCE North 99 degrees 30 minutes 20 seconds East, 10.00 feet to a onz-half inch iron rod with"JBI"yellow cap set for corner, THENCE South 00 degrees 29 minutes 40 seconds East,50.00 feet to a ono-half inch iron rod with"JBI"yellow cap set for corner; THENCE South 89 degrees 30 minutes 20 seconds West, 10.00 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE South 44.degrees 30 minutes 70 seconds Walt, 14.14 feet to a one-half inch iron rod with"JBI"yellow cap set for cornw, THENCE South 00 degrees 29 minutes 40 seconds East,220.00 feat to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE South 45 degrees 29 minutes 40 seconds East, 14.14 feet to a one-half inch Iron rod with"JBI"yellow cap set for corner; THENCE North 89 degrees 30 minutes 20 seconds East, 10.00 feet to a one-half inch iron rod with"JBI"yellow cap set for comer; THENCE South 00 degrees 29 minutes 40 seconds East,50.00 feet to a one-half inch iron rod with"JBI"yellow cap set for corner, THENCE South 89 degrees 30 minutes 20 seconds West, 10.00 feet to a one-half inch iron rod with'181"yellow cap set for comer, THENCE South 44 degrees 30 minutes 20 seconds West, 14.14 feet to a one-half inch iron rod with"JBI"yellow cap set for comer; THENCE South 00 degrees 29 minutes 40 seconds East, l 11.79 feet to a one-half inch iron rod with"JBI"yellow cap set fnr corner in a south line of said 260.061 acre tract, said point being in the north lists of that tract of land described as Tract I conveyed to Harold V.Johnson,III as rewrded in Volume 17040,Page 198,Tarrant County Deed Records; THENCE South 99 degrees 37 minutes 12 seca ds West,995.79 feet to a one-half inch iron rod found at an inner ell corner in the south line of said 260.061 acre tract,said point being the northwest corner of that tract of land described as Tract 11 conveyed to Harold V.Johnson,III as recorded in Volume 17040,Page 199,Tarrant County Deed Records; THENCE South 00 degrees 29 minutes 56 seconds East,at 613.10 feet passing a five- eiglsihs inch iron rod found in the mwth line or White Seth= mt Ruud,is all a wtal of 639.10 feet m a point for corner, said point being the most southerly soudwast corner of said 260.061 acre tract; TM NCE North 75 dcpms 57 minutes 38 ac;conds West, 1280.87 feet with the south line of said 260.061 ire tract to the POINT OF BEGINNING and containing 4,033,312 squam feet or 92.592 acres of land. EXHIBIT B COMPLETION AGREEMENT May 2007 Page 13 of 13 I3 Q PROPOSAL Utility Improvements Haywire Ranch,Section 1 City of Fort Worth,Tarrant County,Texas Estimated Quantities and Unit Costs JBI Project No.WJA001 FOR: UTILITY IMPROVEMENTS FOR HAYWIRE RANCH,SECTION 1 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS The undersigned Contractor,having thoroughly examined the Bid Documents,including plans,specifications,and 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, furnish all labor,equipment,and material,except as specified to be furnished by the Owner,which is necessary to fully complete the project and subject to the inspection and approval of the City,and binds himself to this contract and furnish bonds as may be required by the Contract documents for the performing and completing of said work. Contractor proposes to do the work within time stated and for the following sums: Section A-!Water APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUANTITY WITH BID PRICES tii'RIT`1'EN IN WORDS UNIT PRICE AMOUNT BID i_ 2,336 LF 36"ductile iron pipe including trench,embedment,backtill,and compaction,complete in place;Per Linear Foot One.I Iundred Twelve Dollars and Twenty Cents $112.20 $262.099.20 ? 16.097 LF 8"diameter.C-900(DR-14),Class 200 PVC'pipe,including urnch, hdckcllt,and uotnpa:tiun,complete in place. Per Linear Foot Fourteen Dullam and Fine Cents S14.05 S226.162.85 3. 2 FA 36"butterfly valve and vault.complete in place: Per Each Twenty Thousand Four Hundred Thirty Five Dollars and Zero Cents S20A35.00 $40,970.00 4. 52 i'A 8"gate vale=e,complete in place.Per Each Seven Hundred Seventy Eight Dollars and Zero Cents $778.00 $40.456.00 5. 20 EA 6"gate valve,complete in place;Per Each Five Hundred Seventy Dollars and zero Cents $570.00 $1 1,400.00 G. 3 1:A 36"x 16"ring connection.complete in place;Per Each Simccri Thousand Two Hundred Dollars and Zero Cents $16,200.00 $48.600.00 7. 2 EA 8"x 8"ring connection.complete in place;Per Each One Thousand Seven I lundred Ninety Dollars and Zero Cents S 1.790.00 $3,1580.00 8. 20 EA Fire hydrant assembly.including riser pipe,complete in place; Per Each Two Thousand One Hundred Thirty Five Dollars and Zero Cents 52.135.00 $42,700.00 9. 6.3 -IN Cast iron Iittings at 36"ductile iron pipe.complete in place;her Ton Nine Thousand,rwo Hundred Thirty Five Dollars and Ciro Cents $9.235.00 $58.180.50 10. 6.6 'IN Cast iron Fittings at 8"PVC pipe,complete in place:Per Ton Two thousand Four hundred Eighty Five Dollars and Zero C mts $2,485.00 S16.401.00 11. 1 I'A 3" Air release valve on 36"pipe.complete in place;Per Each Twelve Thousand Six Hundred Filieen Dollars and Zero Cents $12.615.00 S12.615.00 B-2 Section A-Water,Continued APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID 12. 1 EA (.flow off valve and manhole on 36"pipe,complete in place:Per Each -rweive'rhousand Three Hundred Dollars and Zero Cents $12.300.00 $12.300.00 13. 1 EA Connect to existing 36"ductile iron pipe,complete in place:Per F.ach Five Thousand'Three Hundred Seventy Dollars and Zero Cents $5,370.00 $5.370.00 14, 1 EA Connect to existing 8"water main,complete in place,Per Each Three Hundred Seventy Dollars and Zero Cents $370.00 $370.00 1�. 1 EA 2"Type"K"copper domestic wrater service and meter box. complete in place.Per Each One'lltousand'T%vo hundred Sixty Dollars and 'Zero Cents $1,260.00 S1.260.00 16. 4 EA 2"Type"K"copper irrigation water sere,ice and ender box, complete in place;Per Each One Thousand Four hundred Twenty Three Dollars and Zero Cents $1,423.00 $5,692.00 17. 237 LA I"Type"K"copper domestic water service and meter box, complete in place*Per Each Four I lundred Seventy Two Dollars and Zero Cents $472.00 $1 1 1.864.00 18. 3 FA I"Type"K"copper domestic water service and teeter box for future lots,complete in place: Per tach Five Hundred Fitly Dollars and Zero Cents S550.00 $1.650.00 14 18,433 LF Chlorinate and pressure tasting as required b,governing authority.complete in place;E'er Linear Foot Zero Ikollar and Twc11ty`1'wo Cents $0.22 $4.055.26 20. 18.433 LF Excavation safety and support system including excavation saf'ett plans for trenches over five feet in depth,complete in place:Per Linear Foot Zero Dollar and Twenty Cents S0.20 $3,686.60 21. 141 1.F 1 -6"Sch.40 irrigation sleeving,complete in place:Per Linear Foot Pleven Dollars and Thirty Five Cents $11.30 $1,593.30 22. 164 LF 2-4"Sch,40 irrigation sleeving,complete in place:Per Linear foot Fleven Dollars and Zero Cents S 11.00 S 1.804.00 23. 265 LF I -4"Sch.40 irrigation sleeving,complete in place:Per Linear Foot Eight Dollars and Five Cents $8.05 $2,133.25 24. 429 LF I -2"Sch.40 irrigation sleeving,complete in place:Per Linear Foot Six Dollars and"1'cn Cents $6.10 $2.616.90 Subtotal Section A-Water S917,459.86 B-3 Section H-Sanitary Sewer APPROX. PAY CONTRACT UTII ITV IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL iTEM QUANTITY WITH BID.PRICES WRITTEN iN WORDS UNiT PRICE AMOUNT BID 1. 1,069 LF 12"diameter SDR-26 PVC pipe,including trench,embedment, backtill,and compaction,complete in place;Per linear Font Twenty Seven Dollars and Ninety Cents $27.90 $29,825.10 2. 31133 LF 12"diameter SDR-35 PVC pipe,including trench,embedment, backlill,and compaction,complete in place;Per Linear Foot t wenty One Dollars and Filly Cents $21.50 $67,339.50 3. 474) LF 8"diameter SDR-26 PVC pipe,including trench,embedment, backfill,and compaction,complete in place;Per Linear Foot Eighteen Dollars and Sixty Cents $18.60 $8.742.00 4. 7,824 LF 8"diameter SDR-35 PVC pipe,including trench,erbedment, backfill.and compaction.complete in places Per Linear Foot Seventeen Dollars and Ninety Cents $17.90 $140.049.60 5. 43 FA 4'diameter manhole,complete in place;Per Each Two Thousand One Hundred Four Dollars And Zero Cents $2 104 0f) $90 47?00 6. 237 EA 4"sanitary sewer sen ices,complete in place:Per Each Three I lundred Four Six Dollars and Zero Cents S34600 $82.002.00 7. 2 EA 4"sanitary saver services liar future..complete in place.Per Each Four Hundred Forty Four Dollm-,and Zero Cents $444.00 $8880) 8. 1 EA Connect to existing PVC.complete in place:Per Each I%vo I lundred Seventy Dollars and zero Cents S270.00 $270.00 9. 700 1,17 Cement stabilized backfill,complete in place:Per Linear Foot Twenty Two Dollars and Zero Cents $22.00 S15.400.00 10. 12,496 LF 'i'V,air,and mandrel testing as required by governing authority complete in place;Per Linear Foot Zero Dollar and"Twenty Five Cents $0.25 S3.124.00 I I. 12,496 LF Excavation safety and support system including excavation safety plans for trenches over live feet in depth,complete in place;Per Linear Foot Zero Dollars and Twenty Three Cents $0 23 $2.871.08 Subtotal Section B-Sanitary Sewer $441,006.28 B-4 Section C-Drainage APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUANTITY WITH BID PRiCI~S WRITTEN IN WORDS UNIT PRICE AMOUNT BCD 1. 96 LF 4-barrel 10'x 6'KCB.including trench,embedment,backfill.and compaction.complete in place,Per Linear Foot One'Mousand One Hundred Forty Dollars and Zero Cents $1.140.00 S 109.440.00 2. 59 LF Tx 5'RCB,including trench,embedment,backfill,and compaction.complete in place;Per Linear Foot Two Hundred Sixty Dollars and Zero Cents $260.00 $15.340,00 3. 134 LF Tx 5'RCB,(umtertight 0-rink)including trench,embedment, backfill.and compaction.complete in place:Per Linear Foot Two Hundred Sixty Two Dollars and Zero Cents $262.00 $35.108.00 4. 62 LF 5'x 5'RCB.including trench,embedment,backfill.and compaction,compute in place,Per Linear Foot 'J"WO Iiundred Three Dollars and Zero Cents $203.00 $12.586.00 5. 638 LF 60"RCP,including trench,embedment.backfill,and compaction, complete:in place;Per Linear Foot One Hundred Seventy Fright Dollars and Seventy Cents $178.70 $1 14.010.60 6. 1.326 LF 48'RC:11.including trench,embedment,backfill.and compaction. complete in place;Per Linear Foot One Hundred Nincteen Dollars and Five Cents 51 19Ai $l i7.960.30 7. 457 LF 42"RC'P,including trench.embedment,backfill,and compaction. complete in place;Per Linear Foot One Flundred`kvo Dollars and L:ighty Five Cents $102.85 $47.002.45 8, 193 LF 42"RCP,(watertight o-ring)including trench,crnbedment, backfill,and compaction,complete in place.Per Linear Foot One I lundred Seventeen Dollars and'kyenty Five Cents $117 25 $22.629.25 9. 1.058 LF 36"RCP,including trench,embedment.hackfill.and compaction. complete in place:Per Linear Foot Seventy Three Dollars anti Fifteen Cents $73,15 $77.392.70 10. 145 LF 36"RCP,(watertight wring)including trench,embedment, backfill,and compaction,complete in place:Per Linear Foot Eighty Seven Dollars and Ten Cents $87.10 $12.629.50 I I. I.1 36 LF 30"RCP,including trench.embedment,backfill,and compaction. complete in place,Per Linear Foot Fifty five Dollars and'l'wenty Five Cents $55.25 $62.764.00 12. 56 LF 27"RCP,including trench,embedment,backfill,and compaction, complete in place:Per Linear root Forty Seven Dollars and Ninety Five Cents $47.95 $2.685.20 13. 2.288 LP 24"RCP,including trench,embedment.backfill,and compaction. complete in place;Per Linear Foot Forty One Dollars and fifty Five Cents $41,55 $95.066.40 B-5 Section C-Drainage,Continued APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID 14. 944 LF 21"diameter RCP,including trench,embedment.backfill.and compaction.unmplete in place;Per Linear Font Thirty Five Dollars and Sixty Cents $35.60 S33,606.40 15. 2 FA 15'standard curb inlet,complete in place;Per Each Three.Thousand Two hundred Sixty Dollars and Zero Cents $3 260.00 $6,520.00 16. 40 EA 10'standard curb inlet,complete in place;Per Each Two thousand hour Hundred Fil'ty hive Dollars and'Zero Cents $2.455.00 $98.200.00 17. 8 EA 10'recessed curb inlet,complete in place;Per Each Two Thousand Five Hundred Ninety Five Dollars and Zero Cents $2.595.00 $20,760.00 19, 1 EA 5'x 5'horizontal inlet with grate,complete in place:Per Each Five Thousand Nine Hundred Fitly Dollars and"Zero Cents $5 950.00 $5,950.00 19. 1 LA 4 1/2'x 4 W'Drop inlet with lid per TxDot standards,complete in place:Per Each Two Thousand SiX Flundred Fifty Dollars and Zero Cents $2,650.00 $2.650.00 20, 3 EA T x 4'Drop inlet.complete in place.Per Each Two Thousand"Three Hundred Fifty Dollars and Zero Cents $2.3i0.00 $7.050.00 21. 55 EA Inlet crusiun protection(2 stages).complete in place;Per Each Seventy live Dollars and Zero Cents $75.00 $4.125,00 22. 1 FA 13'x 3'junction box.complete in place:Per Each Four Thousand 7'Nventy Five Dollars and Zero Cents S4.025.00 $4,025,00 23. 3 Fi;1 G' G Junction box.complete in place;Per Each Four Thousand Two Hundred Thirty Five Dollars and Zero Cents S4,235.W $12.705.00 24. 4 FA Y x 5'storm manhole.complete in place;Per Each Three Thousand Three Hundred Ten Dollars and Zero Cents S3.310.00 $13.240.00 25. 13 EA 4'x 4'storm sewer manhole.complete in place;Per Each Two Thousand Four I lundred Ninety Five Dollars and Zero Cents $2.495.00 $32.435.00 26, 2 I;A 'kDot Type VW"headwall at 4-barrel I fi'x 6'RCB.complete in place:Per Each Thirty Three Thousand Four Hundred Seventy Five Dollars and Zero Cents $33.475.00 $66.950.00 27. 1 RA Type It heaadwall at Tx 5'RCB,complete in place:Per Each Eight Thousand Eight Hundred Seventy Five Dollars and Zero Cents $8.875.00 $8,875.00 28. 1 I;A Type 11 SET headwall at 48"RCP,complete in place;Per Each Six'Thousand Seventy Dollars and Zero Cents $6.070.00 $6.070.00 B-6 Section C-Drainage,Continued APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID! 29. 1 LA TxDot Type"PW"headwall at 42"RCP,complete in place;Per Each B o Thousand Seven Hundred Lkillars and'Zero Cents S2.700.00 $2.700.00 30, 1 VA Type B headwall at 42"RCP,complete in place;Per Each One`thousand Seven hundred forty Five Dollars and Zero Cents S1.745.00 S 1,745.1M 31. 1 EA Type B headwall at 36"RCP,complete in place;Per Each One Thousand Four Hundred Seventy Five Dollars and.Zero Cents 51.475A)0 S1.475.{1U 32. 1 LS 40'reinforced concrete:weir with 19"gabion mattress,Y x 3' ghbion baskets at upstream and downstream toes,and 12"dry rock rip-rap at Pond"C".to include all related appurtenances, complete in place;Per Lump Sum One I lundred Ten 17tousand Four llundred'r%venty Five Dollars and 7:ero Vents Y 1 10.425.00 $1 10.425.00 33. 420 SY 12"Rock rip rap,complete in place:Per Square Yard 1 ifty One Dollars and Five gents S51.05 S21.441.W 4. 1.400 SY 18"diameter rock rip rap,complete in place,Per Square.Yard Seventy One Dollars and Sixty Cents S71.00 S 100.240.(X) 35. 2 EA Rock check dam per City standards.complete in place;Per Each One Thousand Dollars and Zero Cents S1.000.00 S2,000.(X) 36. 8,592 IT l"xcarution safety and support system including excavation safety plans for trenches over fire feet in depth,complete in place;Per i.inear I mit Zero Dollars and'fen Cents $0.10 $859.20 37. 8.592 LF All testing tts required by governing authority,complete in place; Per linear Foot Zero Dollars and Ten Cents S0.10 $859.20 381 272 LF TxDot handrail.complete in place;Per Linear Foot Seventy lour Dollars and Filly Five Cents 574.55 $20.277.60 Subtotal Section C-Drainage S 1,349,697.80 B-7 Section D-Miscellaneous APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BIll 1. 1 L.S Maintenance bond for water and sanitary sewer improvements per City of Fort Worth requirements,complete;Per Lump Sum Twenty Six Thousand Fight Hundred Fifty Dollars and"Zero Cents $26,850.00 $26,850.00 2. 1 LS Payment and performance bonds per City of Fart Worth requirements.complete;Per Lump Sum Twenty Six Thousand right hundred Fifty Collars and Zero Cents $26.850.00 $26.850.00 Subtotal Section D-Miscellaneous $53,700.00 SUMMARY Subtotal Section A-Water $917,459.86 Subtotal Section B-Sanitan Sewer $441.tH)6.28 Subtotal Section(:-Drainage $1.349.697,80 Subtotal Section 1) Mi%celinneou5 $5:3.7(X).00 TOTAL UTILITY IMPROVEMENTS $2,761,863.94 B-8 ALTERNATE APPROX. PAY CONTRACT UTILITY IMPROVEMENTS-DESCRIPTION OF ITEMS TOTAL. ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID 1. 2,336 LF 16"ductile iron pipe including trench,embedment,backtill,and compaction.complete in place.Per Linear Foot Forty Four Dollars and Ninety Five Cents $44.95 $105.003.20 2. 2 EA 16"gate valve and vault,complete in place;Per Each Seven Thousand Nine Hundred Dollars and Zera Cents $7.900.00 $15.800.00 3. 3 LA 16"x 16"ring connection,complete in place;Per Each Th.rcc Thousand Six Hundred Dollars and Zero Cents $3.600.00 $10,800.00 4. 2 EA 16"x 8"ring connection,complete in place,Per Each Three lbousand'fivo Hundred Twenty Dollars and Zero Cents $3.220.00 S6,440.00 5. Ll TN Casting iron tittings at 16"ductile iron pipe,complete in place: Per Ton Six Thousand Ninety Five Dollars and Zero Cents $6.095.00 S6.704.50 6. 2.336 LF Chlorinate and pressure testing as required by governing authority.complete in place;Per Linear foot Zero Dollar and Ten Cents S0.10 $233,60 7. 2.336 LF Excavation safety and support system,including;excavation safety Plans for trenches over five(5)feet in depth.complete in place;Per Linear Foot Zero Dollur and T"en Cents S0.10 S233.60 8. 1 EA I"air release v"alve on 16"diameter pile.complete in place:;Per gash Three Thousand One Hundred Thirty Dollars and Zero Cents $3.130.00 $3.130.00 9. 2.336 LF 36"RCC'P with all related appurtenances.to including,trench, embedment,backfill,and compaction.complete in place;Per Linear Foot One Hundred"thirty Seven F)ollars and Twenty Five Cents S137.25 $320.616.00 D-9 BID PRQE4 Paving Improvements Haywire Ranch,Section 1 City of Fort Worth,Tarrant County,Texas Estimated Quantities and Unit Costs JBI Project No.WJA001 FOR: PAVING IMPROVEMENTS FOR HAYWIRE RANCH,SECTION 1,CITY OF FORT WORTH,TARRANT COUNTY, TEXAS The undersigned Contractor,having thoroughly exarrruied Llnu Bad Documents,including plans,specifications,and 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,furnish all labor,equipment,and material,except as specified to be furnished by the Owner,which is necessary to fully complete the project and subject to the inspection and approval of the City,and binds himself to this Contract and furnish bonds as maybe required by the Contract Documents for the performing and completing of said work. Contractor proposes to do the work within time stated and for the following sums: PAV APPROX. PAVING I'LiPROVE ENTS-DESCRIPTION OF ITEMS TOTAL ITEM QUAN tllN WITH DID f RICrfi WRITTEN IN WORDS ORDS l NIT rRiCt .a'•IOUNT lily I. t3,868 SY 7"-3000 psi reinforced concrete street pavement for machine placed with T'integral curb,complete in place:Per Square Yard 'twenty one dollars and F.:ighty Five Cents $21.85 S303,0 L 5.$0 2. 43,085 SY 6"-3000 psi reinforced concrete street pavement for machine placed with 7"into al curb,.complete in place;Per Square Yard Ninricen dollars and L_ighty five Cents $19 85 $855 23T25 3. S00 SY 6"-3000 psi reinforccd concrete pavement with!"curb w include 6"stabilized suberadc for amenity parking lot,complete in place:Per Square Yard Twenty Fight Lhillan and Filly Cents $28..50 $22.800,00 4. 60,378 SY 6"time stabilized subgradc.complete in place:Per Square Yard One Dollars and Thirty Cents $1.30 $78,491 40 5, 1,026 TN Hydrated lime ma1cnal(34#1SY),complete in place:Per"Lon Ninon-Five Wilars and Zero Cents $95.oN) $97.470,00 6. 732 SY 2" type 1)on 4"•I'ype H over 6"tlex base.complete in place;Per `Sam Yard 1'hirty7"hree Dollars and Fitly Cents $33 30 $24,522.00 7. 352 L.F Concrete streci header.complete in place:Per Linear Foot Six Dollars and Zero Cents $6.(H) $2,112,00 8. 315 LF Street barricade.complete in place:Per Linear Ftar Fifty Dollars and Zero Cents $50.00 $15,750,00 9, 43t) L.F Sawcut,remove.and dispose of existing asphalt pavement, complete in place,Per Linear Foot Ten Dollars and Zero Cents $10.00 54,300.00 10. 130 LF Connect to existing asphalt pavement,complete in place;Per Linear Feat Five Dollars and Zero Cents S5.00 S2,150.00 11, 21.128 SF 4"3000 psi(4'vvidc)reinforced concrete side walk,complcic in place,Per Square rout Three Dollar and Tarns,Five Cants $3.25 $68,666.00 12, 49 P:A Barrier free ramps per City standards,complete in place:Per Each Seven I lundred Dollar-and Zero Cents, $700 00 $34.300.00 B•2 on�nr.r:rnn7anr7.evNiaerr n,m+�7mm,�. Pasha Improvements,Confined FAPPRO\. TOTAL PaY REVISED PAVING IMPROVEMENTS-DESCRIPTION OFrrEA4s AMOUNT iTE�i QUANTITY WITH BID PRICES WRiTTEN iN NVORDS 10NIT"PRICE REVISED 13, 91 LF 3"Schedule 40 PVC conduit,to include 2 ground boxes(signal standards),complete in place,Per Linear Foot F'wenty Seven Dollars and Zero Cents $27.00 $2,457.00 14, 360 SY 3"-5"rock rip-rap,complete in placz;Per Square Yard Forty Dollars and Zero Cents S40,00 $14.AMM) 1 S. 310 LF Solid white thermoplastic striping per City standards,complete in place:Per Linear Foot Three Dollars and Twenty Five Ca ma $a'25 $1-007.50 16. 1 L_'s "Right'Curn Only"lane markers along.White Settlement Road as per C'it 'standard,comptelr in place I'lurc Hundred Ditllars and Zero Cents $30(00 $300.00 17. 2 FA "Turn Only"lane markers along Lave Oak Creek Road as per Cite standards,complete in place Three Hundred Dollars and Zero Cents Is, I LS White channelization buttons(Ty.W-4&Ty.11-C'ft-4)along S4'hite Settlement l(nad,complete in place Two hundred Fifty(pillars and Zero Cents $250.00 $250.00 19. 1 F.S 1'raf)ic buttons jy,11-AA4) 41 2'spacing along Live Oak Creek Road.uTmtplew in place One IlantiTed Tvwtinty Dollars and Zero Cents 51211.Ot) $120.00 20_ 1 LS lndi%idttal lane buttons through median section(Ty.W-4& Py. if-AA-4) typical divided t'uadnvay markings along Live Oaf: Creek Road,complete in place One lltousand Five Hundred Dollars and Zero Cents S L500.(10 $1.500.00 21. I IS Median transition buttons (Ty.Y-4&Ty.IF-AA-4) along Live Oak Creek Road.comoletc in place Four Hundred Twenty Dollars and Zero Cents S420.{)0 $4200) 22, 1 LS (-.enter line buttons (T).Y-4&Ty.II-AA-41) typical multi-lane, two-way marking along live Oak Creek Road,complete in place Three Thousand'Fuo Hundred Dollars and Zero Cents $3.2NM)o $3,200.00 23, 1 LS Individual lane buttons (1'y.W4&1'y,II-AA4) typical ntuld- lane,two-µay marking along Live Oak Creek Road,complete in place One Thousand Six Hundred Twenty Dollars and Zero Cents $1.620.00 $l,G20.00 24. 385 LF Rcawvc and dispose of existing butbcd wite tine,cznnplcu in place;Per linear Fran One Dollars and Zero Cents $1.00 $385.00 25. 1 IS Traffic control and barricading during construction.complete in place:Per Lump Sum Five thousand Dollars and Zero Cents S5.000Y) $5.000.00 26. 1 F.S Maintenance bonds for paving improvements per City of Fort Worth requirements,complete:Per Lump Sum Fifteen Thousand Dollars and Zero Cents $15,000.00 $15,000.00 27 1 LS Payment and Performance bonds for paving improvements, complete-Per 1 ungl Sum One Dollar and Zero Cents $1,00 $1.0O Total Paving improvements 51,555,074.95 B-3 11 A1f1A1f:nfI�TDI1f T CYH{ri1T1 n 7M7M/17 v1� M&C Request Review Page 1 of 2 City of Fart Worth Employee Intranet www.cfwnet.org Fou Home J CouncilEmployee Directory I ACTodayOnline I Departments I Site Pr COUNCIL ACTION: Approved on 7/10/2007 - Ord. No. 17646-07-2007 DATE: 7/10/2007 REFERENCE NO.: C-22245 LOG NAME: 60HAYWIRE R CODE: C TYPE: NON-CONSENT PUBLIC HEARING:NO SUBJECT: Authorize Execution of a Community Facilities Agreement with WJ Haywire I, L.P., for Construction of Onsite Water and Sewer Services to Serve Haywire Ranch, Phase I and A Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$292,123.68 from the Water and Sewer Operating Fund to the Water Capitz Projects Fund in the amount of $260,968.24 and Sewer Capital Projects Fund in the amount of$31,15! 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 1 Capital Projects Fund in the amount of$260,968.24 and the Sewer Capital Projects Fund in the amoun $31,155.44, from available funds; and 3. Authorize the City Manager to execute a Community Facilities Agreement with WJ Haywire I, L.P., fc installation of onsite water and sanitary sewer services to serve Haywire Ranch, Phase I, a future singl, family home development, located in far west Fort Worth. DISCUSSION: WJ Haywire I, L.P., a Texas limited partnership, the developer of Haywire Ranch, has executed a prop contract for community facilities to serve a single-family development located in the far west part of Foi Worth, north of White Settlement Boulevard and west of Chapel Creek Boulevard (see attached map). The Utility Agreement with Haywire Ranch, Phase I provides for developer participation in oversizing u to not exceed $767,100. This was further broken out into $455,500 in Phase IA and $321,600 in Phas IB. For accounting purposes, the entire $455,500 for Phase IA was included in the offsite improvemen covered under a separate Community Facilities Agreement. The total cost for onsite water and sewer improvements for this development is $1,412,804.80. There be City participation in water pipe (36'716") and sewer pipe (12"/8") oversizing to increase pipe capacit: development and drainage area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees and material testing fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOl WATER $636,571.70 $250,931.00 $887,502 SEWER $441,006.28 $29,957.16 $470,963 SUBTOTAL $1,077,577.98 $280,888.16 $1,358,466 http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-22245 08/20/2007 M&C Request Review Page 2 of 2 INSPECTION $21,551.57 $5,617.76 $27,169 MATERIAL TESTING $21,551.57 $5,617.76 $27,169 TOTAL $1,120,681.12 $292,123.68 $1,412,804 This development is located adjacent to COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the att appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the W; and Sewer Capital Projects Funds. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2)P264 472045 6001500541ZZ $260,968.24 1)PE45 538070 0609020 $260,968 1&2)P274 472045 7001300541ZZ $31,155.44 1)PE45 538070 0709020 $31,155. 2)P264 539140 600150054183 $250,931.00 3)P264 539140 600150054183 $250,931 2)P274 539140 700130054183 $29,957.16 3)P274 539140 700130054183 $29,957 2)P264 531350 600150054185 $5,018.62 2)P274 531350 700130054185 $599.14 2)P264 531200 600150054184 $5,018.62 2)P274 531200 700130054184 $599.14 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Carrie McBeth (7585) ATTACHMENTS 60Havwire nch O Ranch.d_oc Haywire_Raverall Exhibits.pdf Haywire Ranch Ph I maps.pdf http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-22245 08/20/2007