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HomeMy WebLinkAboutContract 42724CRY 8ECROARY CONTRACT NO....�r�.� -- COMPLETION AGREEMENT This Completion Agreement ( "Agreement) is made and entered into by and among the City of Fort Worth ( "City "), and Wilbow- Skyline Development Corporation, Inc., a Texas Corporation ( "Developer "), and Frost Bank ( "Lender "), effective as of December 12, 2011. 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 8.899 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 -011 -002; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Skyline Ranch Phase III (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 accommodations as are described above. OFF -I.iAI CITY SL ,.PET;0iY _ _ ; � "s . t�dC sus T 1•!, ; =� 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 Two Hundred Eighty Nine Thousand, Nine Hundred Twenty One and 00 /100 Dollars ($289,921.00), 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 UA1P1IIIO% Vh R f FkI1',I J a n u a 200 Page ? of 1 ? 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. If the City does not timely elect to complete the construction of the Community Facilities, then the Lender may at its election terminate this ( U,A1Pt I I10% 4GRFI NI IN I Jauuar� '_007 Page 3 of 12 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. 8. Easements. In the event the City or the Lender undertakes the completion of the Community Facilities, the Developer (and to the extent l OMPI I I10N. A 0 R F FNI Ft;1 January 2007 Page 4 of 12 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 1 1 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 0010 PI Fi10N 4GRF:FNFNI January 2007 Page S of 1 ? 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: (1) 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 10NIPI FI1O5 RFI III N I Januar_o 200 Page 0 of 12 and /or Attention: CFA Division David Schroeder, Development Manager Email: David .Schroeder @fortworthtexas.gov Confirmation Number: 817- 392 -2239 Attention: CFA Division Jana Knight, Administrative Assistant Email: Jana.Knight @fortworthtexas.gov Confirmation Number: 817- 392 -2025 With a copy thereof addressed and delivered as follows: Douglas W. Black, Assistant City Attorney 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: Aaron R. Richards Wilbow- Skyline Development Corporation 4131 North Central Expressway, Suite 1140 Dallas, Texas 75204 Confirmation Number: 972 - 994 -1684 (iii) Notice to the Lender shall be addressed and delivered as follows: Larry Chilton Frost Bank 777 Main Street, Suite 500 ( U'v -0PI I -IIO, - A(,RI- FV1I-NI J a n u a r > 2007 Page 7 of 12 Fort Worth, TX 76102 Confirmation Number (817) 420 -5024 Email: larry.chilton @frostbank.com A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof; provided, however, that this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. 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) l u %IPI I IIUS 4C�KI -I N1I',I January 2001 Page 8 of 12 Executed by the Parties in five counterparts, each of which shall be deemed to be an original, to be effective as of the date first stated above. CITY OF FORT WORTH By: 4 iL Fernando Costa Assistant Cit Manager Date: /2/; 2Z I/ DEVELOPER APPROVED AS TO FORM AND poa�°���b� E p Q� FORTo��� o 0, c o 4 v0 o YgalW. B1 0 0 Assistant City Attor - °° °00 J *o a °000000 °° a Ronald P. Gonzales, Asst► LENDER By: By: Name: Aaron R. Richards Na e: Larry CWWton Title: Vice President Title: Executive Vice President Wilbow- Skyline Development Corporation, 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 Wilbow- Skyline Development Corporation. r`rect Authorization �_.`l -E -a©I ( ()N1P1 F 1105 AGKIII ',II N I )anuar� 200 - Page 9 of 12 DEVELOPER By: Ag Name:�A ron R. Richards Title: Vice President CiTY ' rTAtiY F WOUH. TX LIST OF EXHIBITS TO THE COMPLETION AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET ( 11NIPI P I[(), 40RI -I NII -N I Januar. ?U0" Page 10 o1 1 _' EXHIBIT A LEGAL DESCRIPTION SKYLINE RANCH PHASE III STATE OF TEXAS COUNTY OF TARRANT KNOW all men by these presents that Wilbow — Skyline Ranch Development Corporation is the owner of the following described property to wit: Being a tract of land in the D. H. Dickson Survey, Abstract No. 442, the J. Watson Survey, Abstract No. 1667 and the N. Proctor Survey, Abstract No. 1229, Tarrant County, Texas and being a portion of that tract of land described as Tract One in a deed to Wilbow — Skyline Ranch Development Corporation and recorded in Volume 17055, Page 258, County Records, Tarrant County, Texas and being more particularly described as follows: Beginning at a capped 5/8" iron found in the northerly line of said Tract One, in the southerly line of a Union Pacific Railroad right of way (150 foot wide) and at the northerly corner of Lot 51, Block 4, Skyline Ranch, an addition to the City of Fort Worth as shown on the plat recorded in Cabinet A, Slide 11740, Plat Records, Tarrant County, Texas; Thence with the lines of said Skyline Ranch the following calls: S 36 degrees 05 minutes 44 seconds W, 106.08 feet to a capped 5/8" iron set; S 34 degrees 25 minutes 05 seconds E, 174.24 feet to a capped 5/8" iron set; N 55 degrees 34 minutes 55 seconds E, 46.21 feet to a capped 5/8" iron found; S 34 degrees 25 minutes 05 seconds E, 155.00 feet to a capped 5/8" iron found; S 29 degrees 28 minutes 14 seconds E, 48.30 feet to a capped 5/8" iron found; S 22 degrees 28 minutes 18 seconds E, 92.58 feet to a 5/8" iron found; S 07 degrees 46 minutes 39 seconds E, 92.58 feet to a capped 5/8" iron found; S 06 degrees 55 minutes 00 seconds W, 92.59 feet to a capped 5/8" iron found; S 17 degrees 44 minutes 03 seconds W, 93.38 feet to a capped 5/8" iron found; S 84 degrees 30 minutes 26 seconds W, 122.51 feet to a capped 5/8" iron found; N 69 degrees 05 minutes 47 seconds W, 151.43 feet to a capped 5/8" iron set in an easterly line of Lot 1, Block 2, Rolling Hills Estates, Phase I, an addition to the City of Benbrook as shown on the plat recorded in Volume 388/178, Page 81, said plat records; Thence with the lines of said Lot 1 the following calls: N 21 degrees 07 minutes 16 seconds E, 21.28 feet to a capped 5/8" iron set; N 17 degrees 52 minutes 47 seconds W, 95.00 feet to a capped 5/8" iron set; N 36 degrees 52 minutes 47 seconds W, 114.00 feet to a capped 5/8" iron set; N 49 degrees 52 minutes 47 seconds W, 263.00 feet to a capped 5/8" iron set; N 61 degrees 52 minutes 47 seconds W, 125.00 feet to a capped 5/8" iron set; S 85 degrees 07 minutes 13 seconds W, 101.00 feet to a capped 5/8" iron set; S 58 degrees 07 minutes 13 seconds W, 48.04 feet to a capped 5/8" iron set; Thence N 31 degrees 52 minutes 47 seconds W, departing the lines of said Lot 1, 159.59 feet to a capped 5/8" iron set at the beginning of a curve to the left; Thence 50.23 feet with the arc of said curve to the left to a capped 5/8" iron set. Said curve to the left has a radius of 150.00 feet, a central angle of 19 degrees 11 minutes 17 seconds and a long chord which bears N 17 degrees 19 minutes 25 seconds W, 50.00 feet; Thence N 72 degrees 40 minutes 35 seconds E, 88.62 feet to a capped 5/8" iron set; Thence N 07 degrees 13 minutes 58 seconds W, 181.25 feet to a capped 5/8" iron set in the northerly line of said Tract One and in the southerly line of said Union Pacific Railroad right of way; Thence S 81 degrees 34 minutes 29 seconds E with the northerly line of said Tract One and the southerly line of said Union Pacific Railroad right of way, 656.79 feet to the point of beginning and containing 8.899 acres or 387,629 square feet. Exhibit B PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: WILBOW- SKYLINE DEVELOPMENT CORPORATION PROPOSAL FOR: PROJECT NAME: SKYLINE RANCH, PHASE RC WATER PROJECT NO. P265- 603150170483 SEWER PROJECT NO. P275- 703130170483 FILE NO. W -2168 X NO. 21494 CTI'Y PROJECT NO. 01704 D.O.E. #6636 Includes the furnishing of all materials, except materials specified to -be furnished by the City, equipment and labor for the installation of WATER, SEWER, PAVING, DRAINAGE AND STREET LIGHT IMPROVEMENTS and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: SKYLINE RANCH, PHASE III 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 finnish 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: 8/302010 UNIT I: WATER i ITEM APPROX. DESCRIPTION OF ITEMS WITH . UNIT TOTAL AMOUNT I NO, QUANTITY BID PRICES WRITTEN PRICE including all appurtenant work, complet e in place, the following items) I (Furnish and install, 1. 448 LF 8 -Inch DR -14 PVC Water Pip I TbtTENTY Dollars Cents $ 20.00 $ 8,960.00 And NQ- I 2. 2 EA 8 -Inch Gate Valve with Box NDERED FI Dollars NINE HU FTY Cents $ 950.00 $ 1.900.00 And NO 3. 0.3 TON Cast Iron Fittings THREE THOUSAND Dollars Cents $3,000.00 $ 900.00 And No 4. 1 EA Fire Hydrant & Assembly Hydrant Tee, 6" Gate (Includes Valve, Necessary Lead Pipe) TWO THOUSAND FIVE HLJNDRED Dollars Cents $?.5 0 $ 2 And 5. 2 EA Connect to Existing 8" Water EIGHT HUNDRED Dollars Cents $__800.00 $ 1,6Q0 00 — And 6. 31 EA 1 -Inch Water Service Taps (Single Service) FOUR Dollars Cents - $ 400.00 $ 12.400.00 And NO 7. 710 LF 1 -Inch Copper Water Service Line (Single Service) FIVE Dollars Cents $-5.00 $ 3.550.00 . And No 8. 31 EA. Class 'A' Meter Box FIFTI' Dollars Cents $ 50.00 $ 1.550.00 And No 9. 0.2 CY Concrete Blocking FIVE HUNDRED Dollars Cents $ 500.00 $ 100.00 And No Updated: 8/30/2010 UNIT I: "MATER ITEM APPROX. NO. QUANTITY (Furnish and install, 10. 448 LF li Updated 6/30/2010 DESCRIPTION OF ITEMS WITH UNIT TOTAL BID PRICES )YRITTEN IN WORDS PRICE AMOUNT including all appurtenant work, complete in place, the following items Trench Safety System ONE Dollars And NO Cents $ 1.00 $ 448.00 UNIT II: SEWER 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. 1,125 LF 8 -Inch PVC SDR -35 Sanitary Sewer Pipe (All Depths) nVENTY -SIX Dollars And NO Cents $ 26.00 $ 29.250.00 2. 7 EA Standard 4 -Foot Diameter Manhole TWO THOUSAND SIB;. HUNDRED Dollars And NO Cents $2.600.00 $ 18,200.00 3. 9 EA 4 -Inch Sanitary Sewer Service w/ Two -Way Cleanout (SDR -35) (Includes Tap, 4" PVC & Two - Way Cleanout) FOUR. HUNDRED TIVVENTY -FIVE Dollars And NO Cents $ 425.00 $ 3,825.00 4. 19 EA 4 -Inch Sanitary Sewer Service w/ Two -Way Cleanout (SDR -26) (Includes Tap, 4" PVC & Two - Way Cleanout) FOUR HUNDI:EDSE11' l'Y_FIVL — ___Dollars Cents $ 475.00 $ 9.025.00 And NO 5. 7 EA Vacuum Test Sanitary Sewer Manhole ONE HUNDRED Dollars And NO Cents $ 100.00 $ 700.00 6. 1,125 LF Post Construction TV Inspection of Sanitary Sewer Main ONE Dollars And I7�Y Cents $ 1.50 $ 1.687._50 7. 1,125 LF Trench Safety System (Deeper than 5 Feet) ONE Dollars And No---------- -Cents $_ 1.00 _ $ l,,l?5.00 _ -. 8. 5 EA Adjust Rim Elevation (with Grade Rings) For existing 30" SS MH _ ONE I- iuNL�RSD--- -_ -� -- _Dollars And NO Cents $ 100.00 $ 500.00 Updated: 8/30/2010 0 0 w 9 0 I� I UNIT III: STORM DRAIN 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. 38 LF 4' Concrete Flume TWENTY -TWO Dollars And NO Cents $ 22.00 $ 836.00 2. 20 SY Rock Riprap. (18- Inches Thick) w/ 6 -Inch Thick Bedding SEVENTY -FIVE Dollars And No Cents $ 75.00 $ 1,_500.00 3. 30 CY Earthen Channel TWELVE Dollars And NO Cents $ 12.00 $ 360.00 4. 250 SY Seeding - Earthen Channel THREE Dollars And NO Cents $ 3.00 $ 750.00 5. 42 CY Topsoil - Earthen Channel TW.F,LVE Dollars And NO Cents $ 12.00 $ 50 4.00 Updated: 8/30/2010 UNIT IV: PAVING IMPROVEMENTS ITEM APPROX. BID PRICES NO, QUANTITY WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 4,590 SY 6 -Inch 3,600 P.S.I. Reinforced Concrete Pavement TWENTY-SIX Dollars Cents $ 26.50 $-121,635.00 And FIFTY 2. 4,890 SY 6 -Inch Stabilized Subgrade TWO Dollars Cents $ 2.50 $ 12.225.00 And Fns y 3. 78 TON Hydrated Lime (32 LB /SY) ONE HUNDRED F.[F"TY Dollars Cents $ 150.00 $ 11,700.00 And No 4. 2,660 LF 7 -Inch Curb Dollars TWO And No Cents $ 2.00 $5,320-00 5. 1 EA Install Type III Traffic Barricade FTVE HUNDRED Dollars Cents $ 500.00 $ 500.00 And No 6 2 EA Type 'H'Wheel Chair Ramp Dollars ONE THOUSAND Cents $1,000.00 $ 2,000-00 And No 7. 516 LF 4 -Foot Concrete Sidewalk TEN Dollars Cents $ 10.00 $5,160.00 And No 8. 24. LF 5 -Foot Concrete Sidewalk For Passing Interval 'TWELVE Dollars Cents $_12.50 $ And - -- rn� _—__ ^ 9. 655 SY Remove Existing Concrete Pavement ELEVEN __..------- - - - - -- Dollars Cents $ 11.00 $ 7.205.00 And No Updated: 8/30/2010 a UNIT IV: PAVING IMPROVEMENTS I 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) 10. 55 LF Sawcut and Remove Existing Concrete Curb TEN Dollars And NO Cents $ 10.00 $ 550.00 11. 803 LIT Remove Existing Gravel Road FOUR. Dollars And No Cents $ 4.00 $ 3,212.00 Updated: 8/30/2010 UNIT V: STREET LIGHT IMPROVEMENTS ITEM BID QUANTITY DESCRIPTION I ICES WRITTEN IN WORDS PRICE AMOUNT NO. NO. (Furnish and install, including all appurtenant work, complete in place, the following items) 1. BID -00975 5 EA Light-Type D-25 oc � m t stall ONE THOUSAND SEVEN HUNDRED Dollars Cents $1.700.00 $8,500.00 And NO 2. BID-00965 5 EA Light-1 C 0 &damp obrasHll d Fixture; THREE. HUNDRED Dollars �o $ 300.00 $ 1.500.UQ And _Cents 3. BID-00967 5 EA Light- Concrete Foundation Type 4 — Install DIVE HUNDRED Dollars Cents $ 500.00 $ 2.500.00 And Np 4.' BID-00379 573 LF Cable -Num 8 Insulated — Install Dollars ONE --- TY -- Cents And FIF $ 1.50 $ 8 5. BID -00387 573 LF Conduit -2 Inch — Install EIGHT Dollars Cents $ 8.00 $4,584.00 And NO 01 Updated, 8/30/2010 01 BID SUMMARY TOTAL AMOUNT BID WATER TOTAL AMOUNT BID SEWER TOTAL AMOUNT BID STORM DRAIN TOTAL AMOUNT BID PAVING TOTAL AMOUNT BID STREET LIGHTS Updated: 8/302010 S, 33,908.00 $ 64.12.50 ._�._.� S> 3,970.00 .. 169 807.00 $ 17,943.50 GRAND TOTAL AMOUNT BID $ 289,921.00 M &C Review CITY COUNCIL AGENDA Page 1 of 2 Official site of the City of Fort Worth, Texas Foe t1 COUNCIL ACTION: Approved on 4/5/2011 DATE: 4/5/2011 REFERENCE NO.: * *C -24834 LOG NAME: 60WALNUT CREEK 4 AND SKYLINE RANCH 3 CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT: Authorize Execution of a Community Facilities Agreement with City Participation in the Amount of $570,336.00 with Wilbow- Skyline Development Corporation, Inc., for Construction of 30 -Inch Sewer Interceptor to Serve Walnut Creek, Phase IV and Eight - Inch Water and Sewer Mains to Serve Skyline Ranch, Phase III (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Wilbow - Skyline Development Corporation, Inc., for the installation of 30 -inch sewer interceptor to serve Walnut Creek, Phase IV and eight -inch water and sewer mains to Serve Skyline Ranch, Phase III with City participation in the amount of $570,336.00. DISCUSSION: Walnut Creek, Phase IV and Skyline Ranch, Phase III are developments located in Fort Worth (see attached map). This part of a 30 -inch sewer main interceptor is a final segment of the interceptor located in Skyline Ranch development. There will be City participation for the construction of 30 -inch sewer main that will improve the service to the Skyline Ranch and surrounding areas including Walsh Ranch in the future. The City will pay for the 30 -inch sewer line and the developer will pay for the street over the sewer line. Developer agreed to pay all the cost of designing of the 30 -inch sewer line and paid for the two eight -inch drop connections at $10,348.00 in cash. The Developer estimated costs for water and sewer improvements are subject to construction inspection and material testing fees. The summary of costs associated with Walnut Creek, Phase IV and Skyline Ranch, Phase III is as follows: A. Water and Sewer Construction 1. Water 2. Sewer Water and Sewer Construction Cost Sub -Total Water and Sewer Contingency 25 percent Water and Sewer Construction Cost B. TPW Construction 1. Storm Drain 2. Paving 3. Street Lights TPW Construction Cost Sub - Total TPW Contingency 25 percent Developer City Cost Total Cost Cost $ 33,234.00 $ - $ 33,234.00 $ 64, 068.00 $ 438, 720.00 $ 502, 788.00 $ 97,302.00 $ 438,720.00 $ 536,022.00 $ - $ 109,680.00 $ 109,680.00 $ 97,302.00 $ 548,400.00 $ 645,702.00 $ 2,870.00 $ - $ 2,870.00 $ 187,600.00 $ - $ 187,600.00 $ 24,988.00 $ - $ 24,988.00 $ 215,458.00 $ - $ 215,458.00 http: // apps. cfwnet. org /council _packet /mc_review.asp ?ID =15051 &councildate= 4/5/2011 12/23/2011 M &C Review 539140 703140164083 $548,400.00 TPW Total Construction Cost $ 215,458.00 $ - $ 215,458.00 C. Water /Sewer Construction Fees: 1. Water /Sewer Inspection Fee (2 percent) $ 1,946.04 $ 10,968.00 $ 12,914.04 2. Water /Sewer Material Testing Fee (2 percent) $ 1,946.04 $ 10,968.00 $ 12,914.04 Water and Sewer Construction $ 3,892.08 $ 21,936.00 $ 25,828.08 Fees Sub -Total D. TPW Construction Fees 1. TPW Inspection Fee (4 $ 8,618.32 $ - $ 8,618.32 percent) 2. TPW Material Testing $ 4,309.16 $ - $ 4,309.16 Fee (2 percent) TPW Construction Fees Sub- $ 12,927.48 $ - $ 12,927.48 Total Total Water, Sewer and TPW Project Cost $ 329,579.56 $ 570,336.00 $ 899,915.56 This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund /Account/Centers FROM Fund /Account/Centers P275 539140 703140164083 $548,400.00 P275 531350 703140164085 $10.968.00 P275 531200 703140164084 $10.968.00 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Viesha Kaminska (8428) ATTACHMENTS Skyline Ranch Phase 3 plat.pdf Walnut Creek Skyline Ranch CFA exhibit.pdf http: // apps. cfwnet. org /council _packet /mc review.asp ?ID= 15051 &councildate = 4/5/2011 Page 2 of 2 12/23/2011 FoR W ' - Walnut Creek, Phase IV WATER 0 5,000 10,000 15,000 20,000 NAD_1983_StatePlane_ Texas _North_Central_FIPS_4202_Feet 1 inch equals 10,000 feet Feet Y a:1 .......... • noOC + OnA0n11ppnonpnao0000000naanaaaaaoo00GOJ0000 :0nnit0. i Illlt llllllAAW1 'ill�ilililili1111111IIIW1iW�� � UU - ic,Y.c {Fi.E.�..: —hce, •a---- _:. __.r�j:,�::i� ..ii�� ;;� , Iltilin111innii1tn111011rinnllillll�l�lrill 1Y- •ry/■1. � IIIIIIIIIUIIIIIIIIIl�l11111�11111111111i11111111111 � ��::�� IIIIIIIIll�f111111111�111111111p111i111111111111 6d selE 1111 I' I =1 �S 1 i ..Axe Eris NZI U � I �j T .O t51 °'p 2 Ai f ROLLING MILLS COURT E - g ^ J a4 W. `-- _ Y. tea ° �• r / rm 1 E &JJig �� _SURv�'11hE 1 t / p n Y v^ - e. 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