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