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HomeMy WebLinkAboutContract 32319 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, Keller-Woodland Springs III, Ltd., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to The Villages of Woodland Springs, Phase IV, Section 6, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through VRV Development, LP, its General Partner, Marken Management, GP, LLC, its General Partner, and by Matthew Marchant, its duly authorized Partner, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. CFA VIVS PH 4-SECTION 6.doc 1 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damagges are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). I. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. CFA VWS PH 4-SECTION 6.doc 2 L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water(A)None; Sewer(A-1)None; Paving(B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B1, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B 1, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $373,482.48. Item Developer City Cost Total Cost A. Construction 1. Streets $ 340,182.00 $ - $ 340,182.00 2. Storm Drainage $ 16,805.00 $ - $ 16,805.00 3. Street Lights $ 1,716.00 $ - $ 1,716.00 4. Street Name Signs $ 500.00 $ $ 500.00 B. Engineering Design $ - $ C. Construction Engineering and Management by DOE 4% $ 14,279.48 $ 14,279.48 TOTALS $ 373,482.48 $ - $ 373,482.48 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The developer is responsible for installation of sidewalk. 2. Developer's column for Item C represents four percent(4%)cost for construction inspection fees and materials testing less 10% for contingency cost. (*)Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. Future Improvements —Developer to escrow $94,594.00 for future construction of Alta Vista Road adjacent to this development. This cost includes sidewalk. CFA VWS PH 4-SECTION 6.doc 3 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, d saidEpz- U­`a has executed this instrument in triplicate, at Fort Worth,Texas this the day of Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robert Goode, P. E. Director ATTEST: City Of Fort orth By: _ 1441;z, Mac Ott City Secretary Assistant City Manager Approved as to Form: Assista ity 4dorney, ATTEST: DEVELOPER Keller-Woodland Springs III, Ltd. By: VRV Development, Inc. Its General Partner Marken Management, GP, LLC Its General P n By: Corporate Secretary Matthew Marchant Partner CFA VWS PH 4-SECTION 6.doc 4 06/28/2005 12:30 11415/1ytf7 resit r-NUI C-r-rtD UNIT III. STORM DRAIN I ITEM APPROX. DESCRIP'T'ION OF ITEMS WITH UNIT TOTAL NO. QUANTITY 'BID PRICES WRITTEN IN WORDS PRICE AMOUNT 1 (Furnish and install, including all appurtenant work,complete b i place,the following items) 1. 24"Class III R.C.P.; Per linear Foot: 59 L.F. Fottx-Five Dollars $45.00 $2,655.00 11 and NO Cents 2. Standard 15' Curb Inlet; Per Each: 2 EA. Thirty-Five hundred Fifty_ Dollars $3,550.00 $7,100.00 and NO Cents 3. Standard 4' Storm Drain Mn Top; 1 Per Each: 1 EA. Eighteen Hundred Fift L—Dollars $1,850.00 $1,850.00 and NO Cents 4. 24"Safety End Treatment; Per Each: 2 EA. Two 71ousand Dollars $2,000.00 $4,000.00 j and NO Cents 5. Connect to Existing Lateral; Per Each: 2 EA. Six Hundred Dollars $600.00 $1,200.00 and NO Cents j TOTAL AMOUNT BID UNIT III: STORM DRAIN 16,805.00 1 B-7 06/28/2005 12::10 214.15/2yti5 rFdlt t11IU.014rr-SZ) vriLL rHut- U„i r UNIT IV: PAVING IMPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install,including all appurtenant work,complete in place, the following items) 1. 6"Reinforced Concrete Pavement w/ 7"Curb; Per Square Yard: 12,116 S.Y. Twenty-Three Dollars $23.50 $284,726.00 and Fifty Cents r 2. 6"Nine Stabilized Subgrade @ 30 Lbs./S.Y.;Per Square Yazd: 12,880 S.X. One Dollars $1.65 $21,252.00 and Sixty- ve Cents 3. Lime; Per Ton: 194 TONS Ninety Five Dollars $95.00 $18,430.00 and NO Cents 4. 6"H.M.A..C.Transition; Per Square Yard 263 S.Y. Eighteen Dollars $18.00 $4,734.00 and NO Cents 5. Remove Dead Enid Barricade; Per Each: 6 EA. Six Hundred Dollars $600.00 $3,600.00 and NO Cents 6. Construction Signage/Traffic Handling; Per Lump Sum: 1 L.S. Sixty-Seven Hundred Fftv Dollars $6,750.00 $6,750.00 and_ NO Cents B-8 06/28/2005 12:30 214:15/2y16h rAlt tNUlIVCtKJ VHLL rHl7G u, r I 7. Sawcut and Remove Existing Pavement. Per Linear.Foot: 69 LF. Ten Dollars $10.00 $690.00 and NO Cents i { TOTAL AMOUNT BID UNIT IV: PAVING IMPROVEMENT'S $ 340.182.00 i l 1 _l 1 I .f l l l I B-9 06/28/2005 12::10 214.ib t:eyj t) F'A I t t1YUlIVttKS VfiLL CHUG i l i l r 1 1 TOTAL AMOUNT BID WATER $,. 140.344.00 TOTAL AMOUNT BED SEWER $. 181,476.00 TOTAL AMOUNT BID STORM DRAIN S. 16,805.00 1 TOTAL AMOUNT BID PAVING HvIPROVEMENTS $. 340162.00 1 GRAND TOTAL AMOUNT BID $ 678.8 1 1 l 1 . 1 . l B-10 n 06126/2005 12:30 2143512'Jbb FIA I t tNUlNttl(5 Uf4L.L rraU� l ci 1/ IPART B -PROPOSAL Cont. Within ten (10) days 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, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the p;-operty of the City of Fort Worth,Texas,in the event the contract and bond or bonds are not executed and delivered l within the time above set forth, as liquidated damages for the delay and additional work I caused thereby. The undersigned bidder certified that he has been furnished at luist one set of the General Contact 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 Mowing publimdons, both of which are incorporated therein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978,Nrhich way be purchased from the Water Department. 2. The Standard Specifications for Street and Sturm Drain Construction which may be purchased [loom the Department of Transportation & Public JWorks. The undersigned assures that its employees and applicants for.-mployment and those of ' any Iabor organization, subcontractors, or employment agency in either furnishing or J referring employee applicants to the undersigned ane not 9iscriminated against as prohibited by the teams of City Ordinance No. 7278 as amendr:d by City Ordinance No. 7400. The Bidder agrees to begin construction within—"L-calendar days after issue of the work i order, and to complete the contract within(a5 working days aft:r beginning construction { as set forth in the written work order to be furnished by the Own n. (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 lover than resident bidders by state law. A copy of the statute is attached. I B-11 0b128/2005 11: ib 114 5/1`J�5 !'Alt tNUINttKS UALL rN�r 13/1/ 1 Non resident bidders in the State of ,our principal place of business,am not required to underbid resident bidders. l -B.The principal place of business of our company or oiir parent company or majority owner is in the State of Texas. 1 1 1 I B-12 06/26/2005 12:30 2143572585 FAIL LNu1NELKb VALL ?'Ak3t I I(we)acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken in(o consideration on I preparation of the forcgoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Init::als) 1 Addendum No. 2(Initials) Addendum No.4(Initials) Respectfully submitted, I S ITE Co lv P-UTIFT4 e- . By: d� J � S'I3ta Title i Ad33L40 k'og OM $L..0 b G PZ*wc;--PP-M P46- I --rY -7,snso 1 q:72-313-0733 Telephone: . N� (Seal) Date: 1 1 l B-13 CONSTRUCTION COST ESTIMATE PEI #089700203 EXHIBIT "B-1" P R O J E C T N A M E: VILLAGES OF WOODLAND SPRINGS ACREAGE: 20.10 BY: SAC P H A S E: PH 4-SECTION 6 D A T E: 6-May-05 CHECKED: EAE FILE NAME: 89700203 DATE P R E P D: 6-May-05 REVISED: SAC APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT C. STORM SEWER SYSTEM 24"R.C.P. LF 59 $45.00 $2,655.00 15' INLET EA 2 $3,550.00 $7,100.00 4'STORM DRAIN MANHOLE TOP EA 1 $1,850.00 $1,850.00 24"SAFETY END TREATMENT EA 2 $2,000.00 $4,000.00 CONNECT TO EXISTING LATERAL EA 2 $600.00 $1,200.00 SUB - TOTAL STORM SEWER SYSTEM $16,1305.00 PATE ENGINEERS, INC. 5.06.05.xls R CONSTRUCTION COST ESTIMATE PEI #089700203 EXHIBIT"B" P R O J E C T N A M E: VILLAGES OF WOODLAND SPRINGS ACREAGE: 20.10 BY: SAC P H A S E: PH 4-SECTION 6 D A T E: 27-Jul-05 CHECKED: EAE FILE NAME: 89700203 DATE P R E P D: 6-May-05 REVISED: RLP APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT D. STREET PAVING 6"REINFORCED CONCRETE STREET PVMT. SY 12,116 $23.50 $284,726.00 6"LIME STABILIZED SUBGRADE SY 12,880 $1.65 $21,252.00 LIME TONS 194 $95.00 $18,430.00 6"HMAC TRANSITION SY 263 $18.00 $4,734.00 REMOVE DEAD END BARRICADE EA 6 $600.00 $3,600.00 CONSTRUCTION SIGNAGE/TRAFFIC HANDLING LS 1 $6,750.00 $6,750.00 SAWCUT&REMOVE EXISTING PAVEMENT LF 69 $10.00 $690.00 SUB - TOTAL STREET PAVINGhp`s'.': . 'I .. �Gp NOTE:ALL CONCRETE PAVEMENT AND CURBS SHALL BE 3500 PSI REINFORCED. E. FUTURE ALTA VISTA ROAD IMPROVEMENTS 8"REINFORCED CONCRETE STREET PVMT. SY 2,801 $25.00 $70,025.00 6"LIME STABILIZED SUBGRADE SY 3,008 $2.25 $6,768.00 LIME TONS 45 $105.00 $4,725.00 4'SIDEWALK LF 934 $14.00 $13,076.00 SUB - TOTAL FUTURE ALTA VISTA ROAD IMPROVEMENTS 4M PATE ENGINEERS, INC. 2005-07-27.xis III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 4 EA $ 0, 000 $00, 000.00 MID-BLOCK RESIDENTIAL 7 EA $ 0, 000 $00, 000.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 0, 000 $00, 000.00 MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0, 000 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0-- 0 (200 watt lights) x $7 .05 (per light) x 24 months = $00, 000.00 11 (100 watt lights) x $6.50 (per light) x 24 months = $1,716.00 Total: $1,716.00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $1,716.00 After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. CFA CODE #2005079 THE VILLAGES OF WOODLAND SPRINGS, PHASE IV-SECTION VI July 6, 2005 Fort Worth, Texas July 6, 2005 PAGE I OF EXHIBIT C z 2. STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of THE Director. 3. Streetlights on arterial streets shall be installed with underground conduit and conductors. 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities". 5. The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. 6. A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7. The developer shall pay the initial two year power cost to TRI- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-6596 to insure proper inspection of work. TOTAL DEVELOPER' S COST $1,716.00 THE VILLAGES OF WOODLAND SPRINGS, PHASE IV-SECTION VI July 6, 2005 Fort Worth, Texas February 14, 2005 PAGE II OF EXHIBIT C CFA CODE #2005079 "STREET LIGHTS" INTERSECTIONS SYCAMORE CREEK DR & BASILWOOD RD 1 WILD PEAR LANE & SUZIE Q DR 1 VIENNA APPLE RD & SUZIE Q DR 1 ALTA VISTA RD & SUZIE Q DR 1 MID BLOCK SYCAMORE CREEK DR 2 VIENNA APPLE RD 1 WILD PEAR LANE 2 BASILWOOD DR 2 THE VILLAGES OF WOODLAND SPRINGS, PHASE IV - SECTION VI PAGE III OF EXHIBIT C IV STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of $100.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following five (5) intersections at a cost to the Developer of$500.00: Suzie Q Dr & Alta Vista Rd Suzie Q Dr & Wild Pear Lane Suzie Q Dr & Vienna Apple Rd Kenny Dr & Wild Pear Lane Sycamore Creek Dr & Basilwood Dr Villages of Woodland Springs, Phase IV, Section 6 CFA code: 2005079 June 30, 2005 0612712005 15:03 2143572985 PATE ENGINEERS DALL HAOE 02/b2 X'vMieCts10897002021SURVEYIDWG1vws46fpl.dwg,PLAT 24X30,6127/2005 2:5235 PM,RustyP ALTA VISTA s 3 r V 0 � N / G f*1 CAYLOR rn n � d� , a r ri rn � a n � z ci r KATY PAC?FIC R R A U.S. 377 MA IN �4 z �^ RUB z < vii r1l r ? m j 40re n APPLESPRINGS DRIVE » � � 29 I � � K.aus,trW'mcT as 3R s+ as n sa 17 j rr j a AELLER ME7'EPM"T SCHOOL DISTRICT SUZIE 0 DRIVE a 13 CAcc F ! + aT o 0. sr SYCAMORE CREEK DRIVE z I4 } 7F r 1 a 4 a 6 7 e R ra n 0 73 74 � i 30 "y Q AT ((i € ) j ea i j ? CEDAR FALLS DRIVE ' ra f i1 i , to ra i , THE VILLAGES OF WOODLAND SPRINGS PATE ENGINEERS PHASE IV, SECTION 6 8150 BROOKRWER DRIVE OVERALL STREET LAYOUT SUITE S-700 PROJECT NO. SHEET DALLAS, TEXAS, 75247 PH. (214) 357-2981 D.O.E. NO.A564 FAX 214 357-2985 N.T.S. STREET & STORM DRAIN EX111BIT 8 JOB NO.089700203 PLAN FlLE NO. W-1539 I w APPLESPRINGS DRIVE Ja � 37 ; I ¢ ar az Jn za ae aT ( i a cx to ro.sre Am?ma rt Jt b KF1LEft d`,G]EPf-TN 7stT.Samt DI57TlcT ' O zz we..p oov�tts,U7. I � 90 Q DRIVE O u _ j � � . 28 S o a a as 4 1777 23 , " Lu - ;I a zT SYCAMORE CREEK DRIVE a ' ' jp wZ 1 a J e P 6 7 A S 10 ry to t! t4 t L;) S ( 1 � � ao as 1 Q � I fCA�Q { e`er k� I ` CEUAR FALLS 13 11 L SbLGINt i6 .—...._. .. THE VILLAGES OF WOODLAND SPRINGS PATE ENGINEERS PHASE IV, SECTION 6 8150 BROOKRIVER DRIVE 97 INA OVERALL STORM SEWER LAYOUT SUITE S-700 DALLAS, TEXAS, 75247 PROJECT N0. SHEET PH. (214) 357-2981 D.O.E. NO.4564 FAX (214) 357-2985 N.T.S. STREET & STORM DRAIN EXHIBIT B-1 JOB NO.089700203 PLAN FILE NO. W-1539 "Al _.._..._� r4,..._..�......._.._... ;L.P.ea i_ _._._ �..__.____ APPLESPRINGS ORAVE rr i I � ro � w n M as az a+ .e zs za z: y 2 )FY MN ao€m4rr rr NL.p, 11: _ h'EI_l.Eft M3DfFF_! 1~NT SGtA?UL LNSTRlCT I {sin L P SUZlE�Q DRIVE i 12 23 a o , L.P. L.Pi�sr �.srt ra M. sf r r x 444 Q i i 1 p a L a { L.P.17 i {�y SYCAMORE CREEK 0 IVE m� Y K~rvyF J F. a as L;P+ -""�'�""� v a i E a as a is M - n L.P. o as rs a d s e s 7 e e rn n e2 a ea -I S NI 26 ~ ale 3 e za �cco J _ I iib b AY ......_.._ CFDAR FALLS DRIVE _ {7 THE VILLAGES OF WOODLAND SPRINGS PATE •::• ENGINEERS PHASE IV, SEGnON 6 8150 BROOKRIVER DRIVE STREET LIGHTS AND SIGNS LAYOUT SUITE S-700 DALLAS. TEXAS, 75247 PROJECT N0. SHEET D.O.E. N0.4564 PH. (214) 357-2981 FAX (214) 357-2985 N.T.S. STREET do STORM DRAIN EXHIBIT C JOB NO.08970(3203 PLAN FILE NO. W-1539 IMIT 60' A L T A - V I S T A R D A D 27' PAY REMATHE INDER SHALL R.O.W. DEDICATION BE PAID FOR BY THE (72 R.0. W. 1 36' CONCRETE CITY OF FORT WORTH / PAVEMENT SECTION 4' Sl EWALK 4' SIDEWALK—� 33 15 14 13 12 11 10 9 69 8 7 6 5 4 3 2 1 GO m C 32 m ANNE DRIVE p 31 - 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 R1 68 2g J _. LEGEND 8'CONCRETE PANNG 09TH 6"LIME STABALIZEO 5081RADE 4SIDEWALK THE VILLAGES OF WOODLAND SPRINGS PATEENGINEERS PHASE IV, SECTION 6 8150 BROOKRIVER DRIVE ALTA VISTA STREET LAYOUT SUITE S-700 DALLAS,TEXAS, 75247 PROJECT N0. SHEET PH, 214 357-2981 D.O.E. NO. 4564 FAX {2ta� 357-2985 N.T.S. STREET & STORM DRAIN EXHIBIT B JOB NO.D8970020 PLAN FILE NO. W-1539