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HomeMy WebLinkAboutContract 44829 (2)COMPLETION AGREEMENT �„ `�. a !' ,��i i�.i � - � This Completion Agreement ("Agreement) is made and entered into by and among the City of Fort Worth ("City"), and �Spring Ranch Investmentsl, a Texas Limited Partnership ;("Developer"), and, Liberty Banlc �("Lender"), effective as of June 27th �OI13I. 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� 14.767 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� 013-015� or FSL�����- __'; and WHEREA�, the Beveloyer and tlle City llave eiiiered iriio a C�rriiriuriiiy Facilities Agreement relating to the development of Spring Ranch Phase Two I (hereinafter called the "CFA"); and WHEREAS, the City has required certain assurances of the availability of funds to complete the streets, street signs and lights, and the water and sewer utilities for the development of the Property (herein collectively called the "Community Facilities"), and WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter defined) subject to, and in accordance with, the terms, provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of the Property (hereinafter collectively called the "Plans"); and WHEREAS, the Parties desire to set forth the terms and conditions of such accominodations as are described above. ,� r, i. 4� ,� ._ ; , :�; :• , 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 ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows: l. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the Community Facilities in the aggregate should not exceed the sum of �four hundred and twenty thousand two hundred and seven & 19/1001 Dollars ($�420,207.19',), 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 Exhibit "B", attached hereto and incorporated herein for all purposes, with the Hard Costs (which term is hereinafter defined) line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and 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 Page2of13 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 bv the Citv. 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. If the City does not timely elect to complete the construction of the Community Facilities, then the Lender may at its election terminate this Page 3 of 13 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 Citv and Delivery of Hard Costs Collateral to the Citv. 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. Comuletion 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. 8. Easements. In the event the City or the Lender undertakes the completion of the Community Facilities, the Developer (and to the extent Page 4 of 13 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 Ri�hts. 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 Citv Repuirements. 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. 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 Page5ofl3 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 I1 Miscellaneous. Non-Assignment of A�reement. 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: City of Fort Worth Planning and Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Page 6 of 13 Attention: CFA Division David Schroeder, Development Manager Email: David.Schroeder@fortworthgov.org Confirmation Number: 817-392-2239 and/or 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: �Spring Ranch Investments, LP c/o Steve Patterson� �'hysical Address: 2588 E. Long Ave� �'ort Worth, TX 76137� �Nlailing Address: PO Box 471516 �'ort Worth, TX 76147I (iii) Notice to the Lender shall be addressed and delivered as follows: ibertv Bank c/o Laura Miller �3880 Hulen Street, Suite 1001 �Fort Worth, TX 76107 Email: Lmiller(a�libertydfw.com' Page 7 of 13 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Applv. 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 13 Executed IN QUADRUPLICATE by the Parties hereto: CITY OF FORT WORTH: / ' � C..N,�� . Fernando Costa Assistant City Manager Date: 20 /3 APPROVED AS TO FORM: ; '—� i c ; Douglas W. Blacic Assistant City Attorney ATTEST: M&C: :'; ';'°=� Date: r� r� ....- s r ^i • a�. : DEVELOPER: Spring Ranch Investments, LP By: Bowie Holdings, LLC //� 1,.�¢.. l�C �'A � � ��l ����� ) L'Lr'1 Name: Steve Patterson Title: Manager Date: 8/13/13 LENDER: Liberty Bank �, /v(i;,i ��T,fi�?i.� Name: Laura Miller Title: President 1� ,�, -= � 'S�, ai, 'Steve Patterson; the "Guarantor" of the Development Loan, is executing this Completion Agreement for the sole purpose of acicnowledging 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 'Steve Patterson'i. � _�_ Page 9 of 13 �FF���A� ��CORD �1�'i' SECREi'�4Ry �1� W4RTH, 'TX I City Secretary LIST OF EXHIBITS TO THE COMPLETION AGREEMENT EXHIBIT A - EXHIBIT B - LEGAL DESCRIPTION APPROVED BUDGET Page 10 of 13 EXHIBIT A PI2QFi�R'I`�_' DES�:Ft1PT�C}N �F�NG a 14.�67 acre. ti�ac�t c�f la��d ii� d�P f���l�,�a�al� T�t�yd �urv�}�, r'�t�stract T�Iuii�E�er �12, �ii��tecl in thc Ciiy af T���� ��'orth, '1'.�rr�nt Gc�u��ty, '�'ex:�s, ar�d b�ir�� � pt�rti�n of tla�f c�z�t,ain kract of lancl �e�c.rilacd in d��t� lo �pt�in� Rattc:l� Invesl��ei�ts L.�'., �`L�����d�d ij� I�1sErulnent I�tz.t�2E�er D205�1�-91:�0, Ueei� R�cord5, `�'an•atil C:aunt�, Tex�as. '1'he t�eariilgs for tlt.is siuve_y arc bas��l caii tl�e bearings �fi llx�y �i�pear i�1 the I�ir�al 1'I�t of ��,rin� R�i�cit Acic�it�on, �'ccoeded in (;ahitlet A, `�licie ] ��7�, PI�t Rcct�rds, Tarrazt� Gt�tin[y, T�x�s. Said I4.7G7 a�r� trac:t �f l�ii�cl b�in� �1�s�:ribed b�t m�tes and b�i�n� as %%lc�w: 8���1NhI�NG at a'fi" iro►� rc�r� ��vitl� j3last�ic aa� st�nYp�d RFLS 431 � founcj at die nc�Yt}�«est cai�l�i� nf I��t 1, L31c�ck � c�f tl�e �aic� S��rin� �anch Additioti, anei b�ing on il_�e east ri�lit of ���ay �in� t�� GttisI�altri Rancti I��'iv�, a 60' �ui�lic ri�l�e af ��ay; TH�:N�'F: Sc�utlt �i9�5�i'�19" Vv�est, cUr3tiiauin�; a1on�; Il�e nortl� iine ��iihe s�id S�rin,� Rai��[1 ��dditian and acrcass tl.re r�ght af�va� c�1�tl�e said Cl�isl�alrn Rancl� I�rive, 3t a distarice of 60' }�ass the w�si rig1�1. c�f �tra}� 3in� of tl�e saicf C;hisllolm It��ch L�ri�re and contirruin� For a f�lal ilistance c�f i23t1.U0 T'eet to �'r�" irun s'n�3 �ritI� �.7lastic ca�� stai�l�ed �PL� �1�18 fouald at ihe nortlawest cor��ex of Lc�# i{�, Bl�ck �, s�ne bein� t11e south�ast Gortaer c�f �oi 2, �3tc��k 3 c�F t1» s�id ���r�i�g Rar�s�l� Acic�i�z«�1; '�1 I iE1�I�.F Nt�t�(1 0'2i`33" We�t, c-ti.on� ��r� eas#eely li,.�u of ��id �pt�n� Ra��.�l� �dc�it.ican, � distai�ce of��a.(�1 l�e�t to a�/�" i►-ati rc�d with ��l�.sEic ta�.� 5ta���p�ci RF'LS ��t8 f��ind o�l t��� t���th ri�lti ot�w�y tin� �,f��31ufF�pri»gs �Jr�v� a�C1' pu�lic ri�l�t of ��`ay as d�dieai�d ia�i tlle sa��l Sgrir7g I�.�ncf� Adrlitio�i; TH�Nt� � cc���tint�i�i� t�ver a�tci aurc�5s th� �ai�l Sprii�g R€�nc�l� Investtnents �..P. ira�E iltie tc�llc��vi�i� c��urses ans� c�i�tanc�;s: �1�C��`lh 59���'�9'" L'.ast, ��isiane� of L�i2.5C Feet �.o �'/a" irc�n i'c�d r��iih ��astic cap sta.tt�pet9 LtPL,`� ��3 i 8 set; Norfl� C)"Q I`� 1'° �+%est, a�ii�tance of ��O,f9� T'e�k lo �'!�" irc�n rtr�i �tiritii pl��tic cap star���ecl l��'L� �� 18 set U�t t�le ��oz�l� line �,f tlie saicl Sprir�� Rancti inv�str�7ents L.P. lrac•t; �I_F��N�E No�`ll� 89°S�'4�;" East, �tlol�c, lli� said »f�rit� }ilZe, a di�tattc�e c�f L 1��.55 F��t k� a!�v„ iroi� t�oc3 r�if.h Iiia�tic ca� �taszlpecl ILI'l,S �K1 � set; 'I'31E��t;E 1�:.���ir�� the said ��t�rtil lilie at�cl ci��ztifltiizr� vc�er �nd acruss t��� said �1��`��� �ta���h lflv��ttt�.�n�s L..F. teac.k (lie f�ll�,tivin� c;c�ur-ses and dist�t2ees: �out3� U�O1"11" ��st, a distance �?f 2}�.3"i Fe�t E� a!;�>. iroti rocl with pl��tic c���} stainp�tl IZ.E'L.S �S 15 se•t; Page 11 of 13 EXHIBIT A (Cont'd) �t�uth 4()°�3'�I" ��st, a ciist����� af 6�.0(? F��t to ica a�/x" IZ't7i�l TC�� W1tIl �"JI�S��C C��7 s�z�l��ed RI'L,S 4� �� s�� �� fh� ���int�iilb c�f � zlc�r�-tau�en� curv�, c�n��w� tc� the 5ou_�heast, having a i�adi��s �f �O�.QC� Fee� a c� ntr�I �n�;Ie of 4�°q8" ��°, �ud �i �:��v�d of 16Ci.31 Fe�t lae�l-in� Sr�utla 2���2�54" �esk; 5o«tliwesterl� �101�� il�e: arc �a�d zlan-�a»�czit cunr�, a distanG�: of 171.52 Fcet to a ra" iros� rod �vith �lastic c�� stan���ed R]?LS �81 � sei; Scuttl �°UI'Ol" Last, a d.ista�lce c�f 30.(�0 F�et to tla� P�37N`I` (�� I3LU1T��ii�i(�; anc3 cc���tai��i��� a cc�in�i�led acca o�` �4�.7�7 .��r�s, inc�r� c�z �ess. Page 12 of 13 EXHIBIT B 'Ltl:,k `itlfYitil.7t'4 ;�11c`�i T'�ojc�l til�me_ 5�n iu� lZ<<ucli 1'11, "? ['I�'�, i�o.: `'O1 ;-i14�; Itrms — - - �.. L'�.+ate� an3 Se•.�rei Cu,�slruclion 1 V'�lc�inr C:onsiruc:ion 2. Se+,��,r Ccnsiiuctien �Ncrferar�JSc:wra Cuu;l�rn;th�n T�tn! G. 7FV'J CGrtslru4l�o�t 1. 51ree1 '%. Storm Urair 3. .Street Li�hts Install�d b!/ D�velop_ r 7P14�Cdrr.;!ru::ti��t Cost Totvl Tol�l C-onslrucl'lon C%�st (Pxr�������� (i�P fPes): ConsVur_.tion Feec C �:'JaleriSe�mz:r Inspeclipn I'uc: {2 i��) D. :�Jalci9Us:wei A9alerial Te.tin;� 1=ee (2;*�) Svh- (bt.s7 f�r VJa!er i;nn5tn:r;lon F8e5 E TP1�u liispucliuri Fcu f4i�) �. TPV`J FA��IF��aI Te.=.tinq [7"•;;} G. S1rce� Lighl Inspsv.:tinn C;4sl I L Siraet Sign� Install�tion C:nsf S:rh Tot�l ior T�bV Constrr�cfion Fees Tul:�l Conslnirlion FeEaS: cict! Guaru�fce - i0i)i� Curn�,IFlion.<�.greent�iil- 1O0°!,lHnlds Pl:al C�91i 1: sr.�nvd :'Valed:,;�ivlary F,ev:ei= 725/n Casli Cs;:;nv F�iVlny?��loi�n C�rBin ='175;.� Lettcr oi Credi� = 12:; r:� vn'2yr axpiralian penod 1?C)L 1�io.:7cl�S Uevelufirr's Cn5! 5 :6 574 ta S 88 �+16 ��0 "v 169.4d4.64 S 5 r f 20 i.CJQS 2� ? 1 177 40 30 59? 99 2BG.7GB.S9 S d2o,za7_1s S c 3, iS5_81 3,i68.&7 �.�l7_C;'L S C c S 5,�97 34 4.4d3.E7 1.�43.32 �A5.00 15,11�.3�1 S Z1,�y6.96 ,� 1 1'� Iy 15 Cimir__c Page 13 of 13 LOCATION MAP "SPRING RANCH, ii PHASE 2" D.O.E. N0: 7058 WATER N0: P265-607150211583 SANITARY SEWER N0: P275-707130211583 STREET/STORM ORAIN N0: W-2268 ClTY PROJECT N0. 02115 X-22289 ENGINEERING, I NC. CONSUL T/NG ENG/NEERS 1 � 100� DEVELOPER'S COST 8" WATER LINES, FIRE HYDRANTS, ~ GATE VALVES AND ASSOCIATED APPURTENANCES EXISTING WATER LINES, FIRE -;'; HYDRANTS, GATE VALVES ANO ` �`�'=' "" `" " - -" ASSOCIATED APPURTENANCES EXHIBIT "A" WATER IMPROVEMENTS "SPRING RANCH, PHASE 2" SCALE: 1 "=200' D.O.E. N0: 7058 WATER N0: P265-607150211583 SANITARY SEWER N0: P2 75-70 71 3021 1 583 STREET/STORM DRAIN N0: W-2268 CITY PROJECT N0. 02115 X-22289 WELCH ENGINEERIl�TG, I NC. CONSUL T/NG ENG/NEERS 100� DEVELOPER'S COST 8" SANITARY SEWER LINES AND ASSOCIATEO APPURTENANCES EXISTING 8�� SANITARY SEWER - - - �.^ -- - LINES AND ASSOCIATED APPURTENANCES EXHIBIT "A-i" SANITARY SEWER IMPROVEMENTS "SPRING RANCH, PHASE 2" SCALE: 1 "=200' D.O.E. N0: 7058 WATER N0: P265-607150211583 SANITARY SEWER N0: P275-707130211583 STREET/STORM DRAIN N0: W-2268 CITY PROJECT N0. 02115 X-22289 WEI.,CH ENGINEERII�TG, I NC. CONSUL T/NG ENG/NEERS •��. � �- - • ►•��i�i�i'i ����������� • . � .� SCALE: .1 "= 200' EXHIBIT "B" PAVING IMPROVEMENTS "SPRING RANCH, WEL,cH PHASE 2" D.O.E. N0: 7058 WATER N0: P265-607150211583 SANITARY SEWER N0: P275-707130211583 STREET/STORM ORAIN N0: W-2268 CITY PROJECT N0. 02115 X-22289 ENGINEERIl�TG, I NC. CONSUL T/NG ENG/NEERS ��� � �� ��; r� GRADE TO DRAIN CHANNEL PROP 3-30"RCP 100� DEVELOPER'S COST STORM SEWER AND HEADWA�L 100� DEVELOPER'S COST ROCK RIP RAP EXISTING STORM SEWER AND HEADWALL SCALE: 1 "=300' EXHIBIT "B -1 " STORM DRAIN IMPROVEMENTS "SPRING RANCH, PHASE 2" WELCH CONSUL T/NG D.O.E. N0: 7058 WATER N0: P265-607150211583 SANITARY SEWER N0: P275-707130211583 STREET/S70RM DRAIN N0: W-2268 CITY PROJECT N0. 02115 X-22289 ENGINEERIl�TG, I NC. ENG/NEERS � ; _. �_ i, � ._ . �_ . ._ _ _ _ ,_ _ _ _ �. ,. i i ; i i i ; i _ .� . i ..�._.�- _,- --- ._..�^____ _. _ __ _,.. ._. �.: � �- _ � BLUFF � __ ����"--- . , `\' . . w > � 0 � � �%,� _ __ \ C I � i { NGS� DRIVE j � _ _. � ._ _� NGO� SPRINGS DRIVE I � � � I I i I � ., __.-..,._. _.Mr f i i �-- PROPOSED STREET L.IGHT (100% DEVELOPER'S COST) p-- PROPOSED STREET SIGN (100% DEVELOPER'S COST) O-- PROPOSEO GROUND BOX (100% DEVELOPER'S COST) ;-f -- EXISTING STREET LIGHT EXHIBIT "C" STREET LIGHTS "SPRING RANCH, PHASE 2" WELCH EN CONSUL T/NG ENG/NEERS SCALE: 1 "= 200' D.O.E. N0: 7058 WATER N0: P265-607150211583 SANITARY SEWER N0: P275-707130211583 STREET/STORM ORAIN N0: W-2268 CITY PROJECT N0. 02115 X-22289 GINEERIl�TG, I NC. � i �� ol _� N Z U i i i I � .� SECTION 00 42 43 PROPOSAL FORM PROJECT: SPRING RANCH - PHASE TWO UNIT PRICE BID VU 4L 4S BID PROPOSAL Page I of 4 DATE: 07-21-13 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of Bid Quantity Unit Price Bid Value Section No. Measure iT�IT 1; WATER �MP1Z(��EMENTS : � ° - - �_ ._ . . b.. �� _�-�_._ � _ ..,__ _,..._ __ . ,_.,,._.. � , .. .._, , . ._ .: . , ,_ -,;.�: 3311.0261 8" PVC Water Pipe 33 11 12 LF 1,576 $24.10 $37,981.60 3311.0141 6" PVC Water Pipe 33 11 12 LF 30 $16.20 $486.00 3312.3003 8° Gate Valve 33 12 20 EA 2 $1,185.00 $2,370.00 3312.3002 6" Gate Valve 33 12 20 EA 3 $950.00 $2,850.00 3312.0103 Connect. to Existing 8" Water Main 33 12 25 EA 2 $300:00 $600.00 3312.0001 Fire Hydrant 33 12 40 EA 3 $3,463.00 $10,389.00 3311.0001 Ductile Iron Water Fittings 33 11 11 TON 1 $2,612.00 $2,612.00 3305.0109 Trench Safety 33 OS 10 LF 1606 $0.25 $401.50 3312.2003 1" Water Service 33 12 10 EA 23 $558.00 $12,834.00 iJNIT 1: WATER IMPROVEMENTS BID SUMMARY �70,524.10 Project Item Information Bidder's Proposal Specification Unit of Bidlist Item No. Description Bid Quantity Unit Price Bid Value Section No. Measure L�T Z SANI�'ARY=SEW� IIVIFROVEME�TS . : . . ` _ � 3331.4115 8" PVC Se��er Pipe 33 11 10 LF 1,604 $28.50 $45,714.00 3331.4ll6 _ 8" PVC Se�ver Pipe, CSS Backfill 33 11 10 LF 83 $30.90 $2,564.70 �3339.1001 4' Manhole 33 39 10 EA 5 $2,360.00 $11,800.00 9999.0003 _ 4' Manhole over Live ]ine 33 39 10 EA 1 $3,294.00 $3,294.00 3331.3102 4" Se��er Service, T��o-�vay cleanout 33 31 50 EA 24 $525.00 $12,600:00 9999.0004 Connect to existing sanitary sewer EA 2 $502.00 $1,004.00 3301.0002 _ Post-CCTV Inspection 33 O1 31 LF 1,687 $1.15 $1,940.05 3301.0101 Manhole Vacuum Testing 33 01 30 EA 6 $135.00 $810.00 3305.0109 Trench Safety 33 OS 10 LF 1,687 $0.25 $421.75 0241.0401__ Remove Concrete Drive 02 41 13 SF 135 $11.40 $1,539.00 0241.1000 Remove Concrete Pavement 02 41 15 SY 20 $94.00 $1,880.00 9999.0005_ _ R/R Existing. Dual Storm Head�vall EA 1 $4,584.00 $4,584.00 9999.0006 Replace Grass Sod, Lot l, Block 8 SY 250 $3.06 $765.00 iJNIT 2: SANITARY SEWER IMPROVEMENTS BID SUMMARY $88,916.50 CITY OF FORT WORTH SPRING RANCH, PHASE TWO STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DOE: 7058 Form Revised 20l 20120 t��r.� p��;P�r rr� m i i S SECTION 00 42 43 PROJECT PROPOSAL FORM SPRING RANCH - PHASE TWO UNIT PRICE BID 00 42 43 BID PROPOSAL Page 2 of 4 DATE: 07-21-13 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of Bid Quantity Unit Price Bid Value Section No. Measure v�t�� 3::�To� nu� :. , _ f Il��PRO�IV�NT�: ._ ,...... , , ,... N. ; , � , _ _ _ , _. _ . __ _ _ . . , _.. _ _ ._. . . _ �. .>_-: 3305.0109 Trench Safety 33 OS 10 LF 144 $0.25 $36.00 3341.0302 30" RCP, Class III 33 41 10 LF 144 $59.35 $8,546.40 3349.4207 _ 30" SET, 3 pipes 33 49 40 EA 2 $3,420.00 $6,840.00 3125.0101 _ SWPPP> 1 acre 31 25 00 LS 1 $1,835.00 $1,835.00 3137.0104 Mediaum Stone, Riprap, dry 31 37 00 SY 49 $80.00 $3,920.00 iJ1�IT 3: STORM DRAIN IMPROVEMENTS BID SUMMARY $21;1��,ao CITY OF FORT WORTH SPRING RANCH, PHASE TWO 3TANDARD CONSTRUCT'ION SPECIFICATION DOCUMENTS DOE: 7058 Form Revised 20120120 r�r., pro�P�r ta� m� i s SECTION 00 42 43 PROPOSAL FORM PROJECT: SPRING RANCH - PHASE TWO UNIT PRICE BID U� 42 43 BID PROPOSAL Page 3 of 4 DATE: 07-21-13 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of Bid Quantity Unit Price Bid Value Section No. Measure TjNIT 5-. STREE�' Y;TGHTI:�TG IMP�20.�EMEI�TS 3441.3101 D25-6Pole �v/100W HPS PC Lighting 34 41 20 EA � $1,363.25 � $9,542.75 Fixture 3441.3011 2° CONDT PVC SCH 80 (T) 26 OS 33 LF 1539 $8.93 $13,743.27 9999.0011 � 3#10 TH1VN Copper CLF 1539 $2.73 $4,201.47 9999.0012 Ground Boxes 34 41 20-D624 EA 2 $828.00 $1,656.00 9999.0013 Foundation - Type $ 34 41 20-D622 EA 7 $1,053.50 $7,374.50 3441.3002 Rd�vy. Illum. Assembly TY 8,11,D-25 34 41 20 EA 7 $295.00 $2,065.00 UNIT 5: STREET LIGHTING IMPROVEMENTS BID SUMMARY �ss,ss2.99 CITY OF FORT WORTH SPRING RANCH, PHASE TWO STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS DOE: 7058 Form Revised 20120120 City Project No.: 021 15 PROJECT: SECTION 00 42 43 PROPOSAL FORM SPWNG RANCH - PHASE TWO 00 42 43 BID PROPOSAL Page 4 of 4 DATE: 07-21-13 UNIT PRICE BID CONTRACTOR Kart Constr. Kart Constr. Kart Constr. Stabile-Winn Kart Constr. Bidder's Application BASE BID UNIT 1: WATER IMPROVEMENTS BID SUMMARY $70,524.10 tJNIT 2: SANITARY SEWER IMPROVEMENTS BID SUMMARY $88,916.50 UNIT 3: STORM DRAIN IMPROVEMENTS BID SUMMARY $21,177.40 UNIT 5: STREET LIGHTING IMPROVEMENTS $38,582.99 TOTAL BASE BID $219,2oavv ALTERNATE BID TOTAL ALTERNATE BID TOTAL DEDUCTIVE ALTERNATE BID TOTAL ADDITIVE ALTERNATE BID TOTAL BID � $219,200.99 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 SPRING RANCH, PHASE TWO DOE: 7058 City Project No.: 021 I S DEDLTCTIVE ALTERNATE BID ADDITIVE ALTERNATE BID PART B - PROPOSAL (Cont,) Wiihin 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 undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water, Sanitary Sewer, Drainage, Paving and Street Lighting that said Contractor 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 perforni the work in accord with City of Fort Worth Construction Standards The undersigned assures that its employees and applicants for employrnent and those of any labor organization, subcontractors, or employment agency m either furnishing or referring employee applicants to the under'signed 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 �_ calendar days after issue of the work order, and to complete the contract within ___�— working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applica�le:) 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 ajority owner is in the State of Texas. 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. 2 (Initials) Respectfully submitted, 1��� L�161�15fr� By� Title �f /�� �- Addendum No. 3 (Initials) Addendum No. 4 (Initials) � �t�,� Telephone: ���� �gD7 (Seal �e��j� - Date: �/�'��%1�fi1�`��� � 5ECTION 00 42 43 PROPOSAL FORM PROTECT SPRING RANCH - PHASE TWO UNIT PRICE BID 00 42 43 BID PROPOSAL Page ] of 1 DATE: 07-21-13 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of Bid Quantity Unit Price Bid Value S�ction No. Measure ��T ,[� ]� Si���"* ���.���r��j.i���3��'��, .... gg <��,. :� � � J � �.,� [ t... � ��' t 4 ,:. E i .. 'i� ' ..t,-_, ..,. _.. ,�_ .�' t..t--: _.. � n.�3 -, �.i�;',. �� r..1F�... �,_.. 4 -�- .°.: t..,, .,_`� T,r,.�'� 1Y��Sr.r,w� - �' 3�.`', - "-.xt�s�i�, ... _,h: .r.. . . .. _-, . . , ..., �. - ' ' x �t'�.. 3213.0101 6" Conc Pvmt 32 13 13 SY 5,095 $31.03 ^$158,097.85 3211.0501 6" Lime Treatment 32 11 29 SY 5,426 $3.00 $16,278.00 3211.0400 Lime • 321129 TN 81.39 $165.00. $13,429.35 3123.0101 Unclas. excavation in ROW incl, bar 31 23 16 CY 12000 $0,50 $6,000.00 ditches 9999.0007 4" Solid White Strip LF - 3050 $1.50 $4,575.00 9999.0008 Street barricade LF 30 $39.00 $1,170.00 9999.0009 Connect to exist. conc. street pvmt. EA 1 $1,000.00 $1,000.00 3217.2102 REFL Raised Maker TY I-C 32 17 23 EA 38 $12.00 $456.00 UNIT 4: PAVING IMPROVEMENTS BID SUMMARY $2oi,006.20 CITY OF FORT WORTH SPRING RANCH, PHASE TWO STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DOE: 7058 SECTION 00 42 43 PROPOSAL FORM PROJECT: SPRING RANCH - PHASE TWO UNIT PRICE BID CONTRACTOR Siabile-Winn ALTERNATE BID TOTAL ALTERNATE BID TOTAL DEDUCTIVE ALTERNATE BID TOTAL ADDITIVE ALTERNATE BID 'AL BID CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00 42 43 BID PROPOSAL Page I of ] DATE: 07-21-13 Bidder's Application $201,006.20 SPRING RANCH, PHASE TWO DOE: 7058 DEDUCTIVE ALTERNATE BID ADDITIVE ALTERNATE BID BID QUALIFICATION: 01 This proposal is submitted with the understanding that the owner's credit and financial arrangements for making payment under the Contract are satisfactory to Stabile & Winn, Inc. 02 Partial Payments on the Fifteenth of the next month, Finai Payment immediately upon acceptance from Owner. 03 Two Year Maintenance Bond is included. 04 All Testing, Soil Series, and Coring for Compliance to be furnished & paid for by others. 05 All Construction Staking is not Included. 06 Inspection Fees, if any, to be paid for by others. 07 Backfiil all work is included. 08 Utility Relocatic�ris, if any, to be furnished & paid for by others. 09 Temporary Barricades with Lites & Signage are included. 10 Imported Material (Topsoil, Select Fill, etc.) & Seeding Parkways are not included. 11 Concrete Header is included (Included in Item 01). 12 After the Utility Contractor has completed their work, the Street Subgrade and Parkways must be restored to +/- 0.10 Ft. by others or it will be done on a Force-Account-Basis. 13 Sales Tax is not included. 14 The Erosion Control Plan (SWPPP) and the implementation of the plan are not included. However, the maintaining of the existing implementation is included. 15 Unit 4: Paving Improvements: Pay item 3123.0101 Unclassified Street Excavation: This Pay Item is Not A Part of This Contract. 16 Unit Prices are contingent upon all the incorporated materials being installed prior to December 31, 2013. If all the incorporated materials cannot be installed within this time frame, then our unit prices maybe subjected to increases due to delays that are not within our cause or scope of work, and shall be treated as a Change Order to the Contract. This Bid Qualification is a part of this Contract. Contractor: STABILE & WINN, INC. °''�'-eE,��,.�G John W. Stabile President ;���. : I. �' ;� ,,: PART 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 undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water, Sanitary Sewer, Drainage, Paving and Street Lighting that said Contractor has read and thoroughly understands all the requireinents 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 City of Fort Worth Construction Standards The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employrnent agency in either furnishing or referring employee applicants to the under'signed are not discriminated against as prohibited by the terms of City Ordinance No, 7278 as amended by City Ordinanee No. 7400. Th� Bidder agrees to begin construcfion within /o calendar days after issue of the work order, and to complete the contract within �� working 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 % r�� • 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, 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. 2 (Initials Respectfully submitted, Addendum No. 3 (Initials Addendum No. 4 (Initials) 6�'s�.�' G-�' `r/.•.r.�-, ?�,.K,. : � ' _< �� i- Title /�.re.r%o��«� Address � �� 74.��a .y��ac.r� �.+d ���79 Telephone: �i7—�7-z�G (Seal) Date: �q�,y,v....t'° �� z o /3