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HomeMy WebLinkAboutContract 43986 (2)CITY SECRETARY CONTRACT NO. COMPLETION AGREEMENT 1712 r le i, ram. This Completion Agreement ("Agreement) is made and entered into by and among the City of Fort Worth ("City"), and Seventeen Lakes, Ltd., a Texas Limited Liability Company("Developer"), and Red Star Note Holdings, LLC, a Texas Limited Liability Company ("Lender"), effective as of ce_rvt-e,r 11 , 201 The City, 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 26.759 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-012-034_ or FS ; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of _Seventeen Lakes Phase II (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 Proper Yeren�=e=, collective) called the "Plans" • and OFFlCIALRECOj CITY SECRETARY Ft WORTpI TX 1 2-17-1 2 A09 : 32 IN 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 One Million Four Hundred Twenty Three Thousand Nine Hundred Eleven and 25/100 Dollars ($1,423,911.25), 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. Adjustments 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 Fxhibit "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 Page 2 of 12 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 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 reasonably timely diligent and workmanlike manner in accordance with the Plans, 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. Page 3 of 12 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, 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 Hard Costs Collateral to the City. In the event the Lender has requested the City and the City has elected 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 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. 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 the Community Facilities, any Hard Costs it expends shall, dollar for dollar, reduce the Completion Amount. Page 4 of 12 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. However, release of the 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. Page 5 of 12 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: (i) Notice to the City shall be addressed and delivered as follows: Page 6 of 12 and/or City of Fort Worth Planning and Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: CFA Division David Schroeder, Development Manager Email: David.Schroeder@fortworthgov.org Confirmation Number: 817-392-2239 Attention• CFA Division Jana Knight, Administrative Assistant Email: Jana Knight@fortworthgov.org Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: Douglas W. Black Office of the City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Confirmation Number 817-392-7607 (ii) Notice to the Developer shall be addressed and delivered as follows: Seventeen Lakes, Ltd. Attn• Jeff Ledyard 3890 W. Northwest Highway, Suite 100 Dallas, Texas 75220 (iii) Notice to the Lender shall be addressed and delivered as follows: Red Star Note Holdings, LLC Attn: Brad Ayers 5950 Berkshire Lane, Suite 1100 Dallas, Texas 75225 Email: brad@eagleog.com A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. Page 7 of 12 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. 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) Page 8 of 12 Executed IN QUADRUPLET by the Parties hereto: DEVELOPER: Seventeen Lakes, Ltd. a Texas limited partnership By: Trey -Moore Development, L.L.C., a Texas limited liability company its co -managing general partner By: Maurice E. Moore, III, Manager By: PBBM Investments, L.L.C., a Texas limited liability company its co -managing general partner By: SI Bradley W. Ayres, Vice President LENDER: Red Star Note Holdings,LLC a Texas limited liability company By: Bradley W. Ayres,Manager' CITY OF FORT WORTH: ReuemeSit--. Fernando Costa Assistant City Manager APPROVED AS TO FORM: Douglas W. Black Assistant City Attorney ND n4,�G " V ATTEST: Mary J. ayser City Secretary '��44n���n' Oititt a°000°ob'EXA� .CY S <etc' w•titativometw' Red Star Note Holdings, LLC, the "Guarantor" of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty Agreement that was executed by Seventeen Lakes, Ltd. OFFICIAL RECORD CITY SECRt$XARY WORTH, TX Page 9 of 12 LIST OF EXHIBITS TO THE COMPLETION AGREEMENT EXHIBIT A - LI-iGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET Page 10 of 12 EXHIBIT A Page 11 of 12 EXHIBIT A - LEGAL DESCRIPTION STATE OF TEXAS § COUNTY OF DENTON § WHEREAS Seventeen Lakes, Ltd., f/k/a Terra/Chadwick, Ltd., is the owner of 26.763 acres of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 906, City of Fort Worth, Denton County, Texas, and being a portion of those certain tracts of land conveyed m tracts I & II to Terra/Chadwick, Ltd., according to the deed filed in Instrument #99-92624, Real Property Records of Denton County, Texas (R.P.R.D.C.T.); said 26 763 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found with cap stamped "TNP", at the northeast corner of Lot 1, Block 13, Seventeen Lakes, an addition to the City of Fort Worth, Denton County, Texas, as filed in Cabinet W, Slide 936, Plat Records of Denton County, Texas and being the southeast corner of Seventeen Lakes Boulevard (60' wide R-O-W); THENCE N 24°24'07" E, passing along the southeasterly R-O-W line of said Seventeen Lakes Boulevard, at 60 00 feet passing the southeast corner of Lot 1, Block 10 of said addition and continuing along the southeasterly line of said Block 10, at 241.53 total feet passing a 1/2 inch iron rod found with cap stamped "TNP" at the common south corner of Lots 2 and 3 of said Block 10 and continuing along said line passing along a south portion of Lot 8, Block 9 of said addition in all a total distance of 430.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; THENCE S 79°49'34" E, continuing along a south line of said Lot 8, 144.43 feet to a 5/8 inch iron rod found with cap stamped "TNP", THENCE N 24°24'07" E, continuing along the easterly line of said Lot 8, 374.83 feet to a 5/8 inch iron rod found with cap stamped "TNP"; THENCE S 79°49'34" E, continuing along the most northerly south line of said Lot 8, 103.51 feet to a 5/8 inch iron rod found with cap stamped "TNP" in the east lme of said Tract II, also being the west line of a tract of land conveyed to AIL Investments, L.P accordmg to the deed filed in Volume 4108, Page 1825, Deed Records of Denton County, Texas (D R D.C.T.); THENCE S 00°50'28" E, along the common line of said Tract II and said AIL tract, 1,400.24 feet to a 5/8 inch iron rod found with unreadable cap at the common east corner of said Tracts I and II; THENCE S 00°51'30' E, continuing along the common line of said Tract I and said AIL tract, passing the southwest corner of said AIL tract, also being the northwest corner of a tract of land conveyed to AIL Investments, L.P., accordmg to the deeds filed in Volume 2452, Page, D.R.D.C.T , and continuing along said common line of Tract I and said AIL tract, in all a distance of 1,652.15 feet to a 5/8 inch iron rod set with cap stamped "TNP"; THENCE N 89°58'21" W, leaving said line over and across said Tract 1, 447.36 feet to a 5/8 inch iron rod set with cap stamped "TNP' at the beginning of a non -tangent curve to the left whose radius is 470.49 feet and whose long chord bears S 05°54'44" W, 96.77 feet; THENCE continuing over and across said Tract 1 and continuing along said curve in a southwesterly direction through a central angle of 11 °48'20 ', an arc length of 96.94 feet to a 5/8 inch iron rod set with cap stamped "TNP"; THENCE S 00°00 11" W, continuing over and across said Tract 1, 309.68 feet to 5/8 inch iron rod set with cap stamped "TNP"; THENCE S 44°59'49" E, continuing over and across said Tract 1, 14.14 feet to 5/8 inch iron rod set with cap stamped ` TNP" Sheet lof 3 HTR 11201 THENCE S 00°O1'39" W, continuing over and across said Tract 1, 70.01 feet to the south line of said Tract 1 and the north line of existing Henrietta Creek Road; THENCE N 89°58'21" W, along said south line of Tract 1 and along said north line of Henrietta Creek Road 275.73 feet; THENCE leaving said line over and across said Tract 1 the following courses and distances: N 00°O 1'39" E, 69.89 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 19°11'23" E, 88.88 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°00' 11" E, 92.33 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 25°53'17" W, 78.11 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 05°32'35" E, 185.13 feet to a 5/8 inch iron rod set with cap stamped "TNP' at the beginning of a non -tangent curve to the right whose radius is 975.00 feet and whose long chord bears S 80°39'18" E, 130.04 feet; Continuing along said curve in a southeasterly direction through a central angle of 07°38'51", an arc length of 130.14 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S 76°49'53" E, 61.44 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the beginning of a non -tangent curve to the right whose radius is 540.00 feet and whose long chord bears N 10°45'05" E, 50.04 feet Continuing along said curve in a northeasterly direction through a central angle of 05° 18'42", an arc length of 50.06 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 76°49'53" W, 59.33 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the beginning of a tangent curve to the left whose radius is 1025.00 feet and whose long chord bears N 78°35'36" W, 63.04 feet Continuing along said curve in a northwesterly direction through a central angle of 03°31'28", an arc length of 63.05 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 09°37'32" E, 183.06 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 50°05'24" E, 156.87 feet to a 5/8 inch iron rod set with cap stamped "TNP' at the beginning of a non -tangent curve to the left whose radius is 414.22 feet and whose long chord bears N 27°30'48" E, 362.13 feet; Continuing along said curve in a northeasterly direction through a central angle of 51 °50'27", an arc length of 374.78 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 30.20 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 89°07'22" E, 110.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 35.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S 89°07'22" W, 5.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 15.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 89°07'22" E, 5.00 feet to a 5/8 inch iron rod set with cap stamped TNP", N 44°07'22" E, 14 14 feet to a 5/8 inch iron rod set with cap stamped ' TNP"; N 00°52'38" W, 230.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; Sheet 2 of 3 HTR 11201 N 45°52'38" W, 14.14 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 35.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S 89°07'22" W, 5.00 feet to a 5/8 inch iron rod set with cap stamped ' TNP"; N 00°52'38" W, 15.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 89'0722" E, 5.00 feet to a 5/8 inch iron rod set with cap stamped "TNP", N 44°07'22" E, 14.14 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 295 17 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S 89°07'22" W, 110.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 29°28'35" W, 136.68 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 60.00 feet to a 5/8 inch iron rod set with cap stamped `TNP'; N 89°07'22" E, 175.42 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00°52'38" W, 123 03 feet to a 5/8 inch iron rod set with cap stamped' TNP"; S 89°07'22" W, 140.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; THENCE N 00°52'38" W, passing over the common lme of said Tracts I and II, and continuing in all, a total distance of 234.05 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the beginning of a tangent curve to the left whose radius is 330.00 feet and whose long chord bears N 26°46'14" W, 288.22 feet; THENCE continuing along said curve over and across said Tract II in a northwesterly direction through a central angle of 51°47'13", an arc length of 298.27 feet to a 5/8 inch iron rod set with cap stamped «TNP,,. THENCE N 25°10'58" E, 142.23 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the beginning of a non -tangent curve to the left whose radius is 470.00 feet and whose long chord bears N 60°57'27" W, 76.05 feet; THENCE continuing along said curve in a northwesterly direction through a central angle of 09°16'52", an arc length of 76.13 feet to a 5/8 inch iron rod set with cap stamped "TNP"; THENCE N 65°35'53" W, continuing over and across said Tract II 146.50 feet, to the POINT OF BEGINNING and containing 1,165,807 square feet or 26.763 acres of land. "PRELIMINARY - THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE" THE BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83, BASED ON GPS. Sheet 3 of 3 HTR 11201 EXHIBIT B Page 12 of 12 EXHIBIT B - APPROVED BUDGET PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: SEVENTEEN LAKES LTD. PROPOSAL FOR: PROJECT NAME: SEVENTEEN LAKES PHASE 2 WATER PROJECT NO. P265-602150194883 SEWER PROJECT NO. P275-702130194883 FILE NO. W-2236 X NO. X-21917 CITY PROJECT NO. 01948 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of ;WATER, SANITARY SEWER, PAVING, DRAINAGE AND STREET LIGHT FACILITIES land all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: SEVENTEEN LAKES, PHASE 2 Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Transportation & Public Works of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required 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: Updated: 8/30/2010 UNIT I: WATER IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete In place, the following items) 1, 473 LF 8" PVC C900, DR-14 Water Line Per Linear Foot Thirty Dollars No Cents $ 30.00 $ 14,190.00 2. 5 EA Fire Hydrant Assembly (Incl. Hydrant, Valve, Fittings Lead Line) Per Each Three thousand six hundred fifty Dollars No Cents $ 3,650,00 $ 18,250.00 3. 75 EA 1" Water Service Tap Per Each Two hundred Dollars N o Cents $ 200.00 $ 15,000.00 4. 2,575 LF 1" Copper Water Service Line Per Linear Foot N ine Dollars Fifty Cents $ 9.50 $ 24,462.50 75 EA Water Meter Box Per Each Fifty Dollars N o Cents $ 50.00 $ 3,750.00 6. 1 EA 16"x8" Tapping Sleeve w/ Valve and Lid Per Each Forty five hundred Dollars No Cents $ 4,500.00 $ 4,500.00 7. 3 EA 16"x6" Tapping Sleeve w/ Valve and Lid Per Each Forty three hundred Dollars No Cents $ 4.300.00 $ 12,900.00 UNIT I: WATER IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 8. 0.5 TON Ductile Iron Fittings Per Ton Seven thousand Dollars No Cents S 7,000.00 S 3,500.00 3 EA Connect to Existing 8" Water Per Each Eight hundred Dollars No Cents $ 800.00 $ 2,400.00 10. 473 LF Trench Safety Per Linear Foot No Dollars Twenty five Cents $ 0.25 S 118.25 11. 473 LF Testing Per Linear Foot One Dollars No Cents $ 1.00 $ 473.00 12. 246 LF 6" PVC Utility Sleeves Per Linear Foot Fifteen Dollars No Cents $ 15.00 $ 3,690.00 SUBTOTAL WATER IMPROVEMENTS $ 103,233.75 UNIT II: SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 761 LF 10" SDR-26 PVC Sewer Line Per Linear Foot Thirty eight Dollars No Cents $ 38.00 $ 28,918.00 2. 639 LF 10" SDR-35 PVC Sewer Line Per Linear Foot Thirty six Dollars No Cents $ 36.00 S 23,004.00 3. 1,074 LF 8" SDR-26 PVC Sewer Line Per Linear Foot Thirty four Dollars No Cents $ 34.00 $ 36.516.00 607 LF 8" SDR-35 PVC Sewer Line Per Linear Foot Thirty two Dollars No Cents $ 32.00 S 19.424.00 5. 9 EA Standard 4' Diameter SSMH Per Each Twenty eight hundred Dollars No Cents $ 2,800.00 $ 25.200.00 2 EA 1 EA 4' Diameter Drop SSMH Per Each Thirty four hundred Dollars No Cents $ 3,400.00 $ 6,800.00 4' Diameter Shallow SSMH Per Each Twenty five hundred Dollars No Cents S 2,500.00 S 2,500.00 UNIT 11: SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS (Furnish and install, including all appurtenant work, complete in place, the following items) 8. 9. UNIT PRICE TOTAL AMOUNT 26 VF Internal Corrosion Protection for SSMH Per Vertical Foot Eighty five Dollars N o Cents $ 85.00 $ 2,210.00 16 VF Extra Depth for Std. 4' Dia. SSMH (>6') Per Vertical Foot One hundred fifty Dollars N o Cents $ 150.00 $ 2,400.00 10. 14 VF Extra Depth for 4' Dia. Drop SSMH (>6') Per Vertical Foot N ne hundred eighty Dollars N o Cents $ 180.00 $ 2,520.00 11. 71 EA 4" Sewer Service Tap Per Each Two hundred Dollars N o Cents $ 200.00 $ 14,200.00 12. 2,260 LF 4" PVC Sewer Service Line Per Linear Foot Five Dollars Sixty Cents $ 5.60 $ 12.656.00 13. 71 EA 4" Two -Way Cleanout Per Each Fifty Dollars No Cents $ 50.00 $ 3,550.00 14. 270 LF Cement Stabilized Backfill Per Linear Foot Twenty Dollars No Cents $ 20.00 $ 5,400.00 UNIT II: SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 15. 362 LF Flowable All Per Linear Foot Thirty five Dollars N o Cents $ 35.00 $ 12,670.00 16. 6 EA Clay Dam Per Each Three hundred Dollars N o Cents $ 300.00 $ 1,800,00 17. 1 EA Connect to Existing 10" SS Per Each N ne thousand Dollars N o Cents $ 1.000.00 $ 1,000.00 18. 3,081 LF Trench Safety Per Linear Foot One Dollars N o Cents $ 1.00 $ 3,081.00 19. 3,081 LF Post -Construction TV Inspection Per Linear Foot One Dollars Fifty Cents $ 1.50 $ 4,621.50 20. 12 EA Vacuum Testing for SSMH Per Each O ne hundred Dollars N o Cents $ 100.00 $ 1,200,00 SUBTOTAL SANITARY SEWER IMPROVEMENTS S 209,670.50 UNIT III: PAVING IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 14,296 SY 7.5" Concrete Pavement w/ Curb and Gutter Per Square Yard Thirty one Dollars No Cents $ 31.00 $ 443,176.00 2. 2,180 SY 6" Concrete Pavement w/ Curb and Gutter Per Square Yard Twenty seven Dollars Fifty Cents $ 27.50 $ 59,950.00 3. 400 SY 2" Type 'D' HMAC Per Square Yard Fifteen Dollars No Cents $ 15.00 $ 6,000.00 400 SY 5.5" Type 'B' HMAC Per Square Yard Twenty six Dollars No Cents 26,00 $ 10,400.00 5. 15,400 SY 8" Lime Stabilized Subgrade Per Square Yard Three Dollars No Cents $ 3.00 $ 46,200.00 2,288 SY 6" Lime Stabilized Subgrade Per Square Yard Two Dollars Seventy five Cents $ 2.75 $ 6,292.00 7. 410 TON Lime for Stabilization (48#/SY for 8" Subgrade and 36#/SY for 6" Subgrade) Per Ton One hundred sixty Dollars No Cents $ 160.00 5 65,600.00 UNIT III: PAVING IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 8. 10 EA Type'H' ADA Ramp Per Each Twelve hundred Dollars No Cents $ 1.200.00 $ 12,000.00 9. 7,604 SF 4" Concrete Sidewalk Per Square Foot Three Dollars No Cents $ 3.00 $ 22,812.00 10. 1,655 SF Retaining Wall (Redi-Rock or Approved Equivalent) Per Square Foot Thirty eight Dollars Ten Cents $ 38.10 $ 63,055.50 11. 275 LE 42" Tall Welded Steel Fence (Ameristar or Approved Equivalent) Per Linear Foot Forty Dollars No Cents $ 40.00 $ 11,000.00 12. 87 LE Concrete Header Per Linear Foot Twenty Dollars No Cents $ 20.00 $ 1,740.00 13. 3 EA End of Road Barricade Per Each Eight hundred Dollars No Cents $ 800.00 $ 2,400.00 14. 20 EA Adjust Valves/Rims to Grade Per Each Two hundred fifty Dollars No Cents $ 250.00 $ 5,000.00 UNIT III: PAVING IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 15. 1 LS Traffic Control Per Lump Sum Twenty five hundred Dollars No Cents $ 2,500.00 $ 2,500.00 16. 200 LF Remove Existing 4' Pipe Rail Fence Per Linear Foot Five Dollars No Cents $ 5.00 $ 1,000.00 SUBTOTAL PAVING IMPROVEMENTS S 759,125.50 UNIT IV: DRAINAGE IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 61 LF 12'xS' Reinforced Concrete Box Per Linear Foot Six hundred fifty Dollars No Cents $ 650.00 $ 39,650.00 2. 469 LF 36" Class 111 RCP Per Linear Foot Ninety five Dollars No Cents $ 95.00 $ 44,555.00 3. 70 LF 30" Class III RCP Per Linear Foot Sixty Dollars No Cents $ 60,00 $ 4,200.00 4. 431 LF 24" Class 111 RCP Per Linear Foot Fifty Dollars No Cents $ 50.00 $ 21,550.00 5. 22 LF 21" Class III RCP Per Linear Foot Forty eight Dollars No Cents $ 48.00 $ 1.056.00 2 EA 12'x5' RCB Headwall (TxDOT PW) Per Each Sixteen thousand five hundred Dollars No Cents $ 16,500.00 $ 33.000.00 7. 1 EA 36" Headwall (CoFW DV) Per Each Thirty five hundred Dollars No Cents $ 3,500.00 $ 3,500.00 UNIT IV: DRAINAGE IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenantwork, complete in place, the following items) 8. 1 EA 30" Headwall (CoFW DtI) Per Each Three thousand Dollars N o Cents $ 3,000.00 $ 3,000.00 1 EA 24Safety End Treatment (TxDOT SETP-PD) Per Each Thirty two hundred fifty Dollars N o Cents $ 3,250.00 $ 3,250.00 10. 8 EA 10' Standard Curb Inlet Per Each Twenty two hundred Dollars N o Cents $ 2.200.00 $ 17,600.00 11. 2 EA 4'x4' SDMH Per Each Twenty five hundred Dollars No Cents $ 2,500.00 $ 5,000.00 12. 65 SY Rock Rip -Rap on Filter Fabric (Per Plan Dtls) Per Square Yard Seventy five Dollars No Cents $ 75.00 $ 4,875.00 13. 35 SY 3' Thick Gabion Mattress (Per Plan Dtls) Per Square Yard One hundred Dollars No Cents $ 100.00 $ 3.500.00 14. 309 SY 2' Thick Gabion Mattress (Per Plan Otis) Per Square Yard Eighty five Dollars No Cents $ 85.00 $ 26,265.00 UNIT IV: DRAINAGE IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX._ QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 15. 44 SY 12" Gabion Mattress (Per Plan Dtls) Per Square Yard Seventy five Dollars No Cents $ 75.00 $ 3.300.00 16. 27 SY 3'x3' Gabion Basket Toe (Per Plan Dtls) Per Square Yard O ne hundred twenty five Dollars N o Cents $ 125.00 $ 3.375.00 17. 165 LF Pedestrian Rail (TxDOT PR1) Per Linear Foot O ne hundred five Dollars N o Cents $ 105.00 $ 17.325.00 18. 1,053 LF Trench Safety Per Linear Foot Two Dollars N o Cents $ 2.00 $ 2.106.00 19. 1 LS Erosion Control (Inlet Protection) Per Lump Sump Twelve hundred Dollars N o Cents $ 1,200.00 $ 1,200.00 SUBTOTAL DRAINAGE IMPROVEMENTS $ 238.307.00 UNIT V: STREET LIGHT IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 2. 75 IF Cable - Num 4 Insulated Stranded XHHW - Install Per Linear Foot Two Dollars N o Cents $ 2.00 $ 150.00 345 LF Cable - Num 10 Insulated Stranded XHHW - Install Per Linear Foot Two Dollars Ten Cents $ 2.10 $ 724.50 3. 2,995 LF 4. 3,040 LF 5. 2 EA 6. 3 EA Cable - Quadruplexed Aluminum U nderground 2-2-2-4 - Install Per Linear Foot Six Dollars N o Cents $ 6.00 $ 17.970.00 Conduit - 2 Inch - Open Cut - Sch 40 - Install Per Linear Foot Twelve Dollars N o Cents $ 12.00 $ 36,480.00 Electrical Ground Box with Lid and Apron - Small - Install Per Each Seven hundred flfty Dollars No Cents $ 750.00 $ 1,500.00 Light -100 W HPS Cobra Head Fixture, Photo -Cell & Lamp - Install Per Each Four hundred Dollars No Cents $ 400.00 $ 1.200.00 13 EA Light -100 W HPS Cobra Head Fixture & Lamp - Install Per Each Two hundred fifty Dollars No Cents 8 250.00 $ 3.250.00 UNIT V: STREET LIGHT IMPROVEMENTS ITEM DESCRIPTION OF ITEMS WITH BID NO. APPROX. QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and Install, including all appurtenant work, complete in place, the following items) 8. 3 EA Light - Concrete Foundation Type 2 - Install Per Each Eight hundred Dollars No Cents $ 800.00 $ 2,400.00 13 EA Light - Concrete Foundation Type 4 - Install Per Each Eight hundred Dollars No Cents $ 800.00 $ 10,400.00 10. 1 EA Light - Photo -Cell Contact Closure Circuit Control - Install Per Each Fifty five hundred Dollars No Cents $ 5.500.00 S 5.500.00 11. 3 EA Light - Type D25-6 Pole & Arm - Install Per Each Eighteen hundred Dollars No Cents S 1.800.00 S 5.400.00 12. 13 EA Light - Type D30-6 Pole & Arm - Install Per Each Twenty two hundred Dollars No Cents 2,200.00 $ 28.600.00 SUBTOTAL STREET LIGHT IMPROVEMENTS $ 113,574.50 BID SUMMARY TOTAL AMOUNT BID WATER (UNIT I) TOTAL AMOUNT BID SEWER (UNIT II) TOTAL AMOUNT BID PAVING (UNIT III) TOTAL AMOUNT BID DRAINAGE (UNIT IV) TOTAL AMOUNT BID STREET LIGHTS (UNIT V) 103,233.75 209, 670.50 759,125.50 238,307.00 113,574.50 GRAND TOTAL AMOUNT BID $ 1,423,911.25 PART B - PROPOSAL (Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, foi the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department, 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400 The Bidder agrees to begin construction within ten (10) calendar days after issue of the work d� rS/NAIZCW order, and to complete the contract withfA ( /so ) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) ❑ A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B The principal place of business of our company or our parent company or majority owner is in the State of Texas. Updated: 8/30/2010 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No, 4 (Imtials) Respectfully submitted, CQNA I SER CONSTRUCTION 'I :X, LI' By' Afa itir:, Title Brock Huggins, Vice President of Conatser Mgmt Group, hie, G.P. Address P.Q. Box 15448 Fort Worth, TX 76119 Telephone: Phone: 817-534-1743 Fax: 817-534-4556 Fax: Updated: 8/30/2010