HomeMy WebLinkAboutContract 30603 CITY c R-RETARY
CONTRACT NO,ty �
COMPLETION AGREEMENT
HIGHPOINT HILL PHASE I
Final Plat-FP#004-095
This completion Agreement (hereinafter called "Agreement) is made and entered into by and
among the City of Fort Worth (hereinafter called the "City), BH Development Two, L.P. (hereinafter
called the "Developer") and The Frost National Bank (hereinafter called the "Lender"), effective as of
August 30, 2004. 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
29.52 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 Highpoint Hill Phase n and;
WHEREAS the Developer intends to develop Highpoint Hill Phase I as an addition to the City;
and
WHEREAS, the Developer and the City have entered into a Community Facilities Agreement
relating to the development of Highpoint Hill Phase I(hereinafter called the "CFA"), and
WHEREAS, the City has required certain assurances of the availability of funds to complete the
water, sanitary sewer, storm drain, paving, street lights and street name signs for the development of
Highpoint Hill Phase I (hereinafter 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
Highpoint Hill Phase I(hereinafter collectively called the"Plans); and
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 the Agreement for all purposes.
7.
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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, three
hundred thirty-five thousand, one and 51 hundredths dollars ($1,335,001.51) (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 will, from time to time, make advances
to the Developer for the development of Highpoint Hill Phase I 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 of Highpoint Hill Phase I (hereinafter called 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 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.
To keep the City advised of Hard Costs, the Developer shall promptly deliver to the City those
portions of all draw requests delivered to the Lender which contain requests for the payment of Hard
Costs and such draw requests shall itemize Hard Costs in such form and detail as shall be reasonably
acceptable to the Lender and the City. Upon approval of Lender of any draw request containing requests
for Hard Costs to be advanced to the Developer, the Lender shall give notice to the City setting forth the
amount of any Hard Costs to be advanced (the "Funding Notice"). The City will be deemed to have
approved the proposed advance of Hard Costs by the Lender,unless it so notifies in writing Lender that it
objects to such advancement of Hard Costs within three (3) business days of the receipt of the City of the
Funding Notice. If the City objects to such advancements of Hard Costs by the Lender, the City will
have its own inspector examine and evaluate the construction; then the Lender and the City shall cause
their respective inspectors or consultants to cooperate and shall use their best reasonable efforts to settle
any dispute over the appropriateness of any advance of Hard Costs. The Developer acknowledges that
the Lender's obligation to fund advances under the Loan within a specified time frame shall be deemed
waived by the Developer if the City and the Lender are in dispute with respect to any requested advance.
If any such dispute is not resolved promptly, the two consultants shall agree within five (5)business days
on a qualified third party to resolve the dispute whose decision shall be final and binding on all parties
and shall be rendered within five (5)business days of such consultant's selection. Any delay occasioned
by any such dispute shall extend the Completion Date by such period of time.
c,
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 "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
called the "Loan Documents"). For the purposes of this Agreement, the development of Highpoint Hill
Phase I 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 Highpoint Hill
Phase I is not completed by the Completion Date for any reason whatsoever, or (B) the Developer is in
default under the Loan and the Lender notifies the City that the Developer is in default and, at the
Lender's sole option, requests the City to complete development, whichever shall first occur, then, the
City may, at the cost and expense of the Developer, commence, pursue and complete the installation of
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. Prior to the commencement of any
work by the City, the City shall provide evidence of insurance reasonably required by the Lender naming
the Lender and the Developer as additional insured.
6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral to the City.
Upon the occurrence of either event described in paragraph 5 above, if the City elects within ten (10)
business days of the Completion Date or notice from the Lender, as the case may be, to complete the
construction of the Community Facilities, the Lender shall thereafter advance to the City any remaining
undisbursed Hard Costs specified in the Approved Budget relating to the Loan that are incurred by the
City in completing the Community Facilities in an aggregate sum not to exceed the Completion Amount,
as adjusted, by funding monthly draws to the City as described herein.
The Developer hereby authorizes and instructs the lender to make periodic advances of any
remaining undisbursed Hard Costs specified in the Approved Budget not to exceed the Completion
Amount in increments paid to the City within the same time period specified in the Loan Documents
after receipt of advance requests meeting the requirements of the Loan Documents from the City of the
Hard Costs remaining to be drawn under the Loan as specified in the Approved Budget incurred by it and
approved by the Lender, subject to retainage. The advance requests from the City shall be made not
more frequently than monthly (save and except for final payment) and shall be accompanied by
reasonably acceptable evidence of the Hard Costs specified in the Approved Budget that have been
incurred by the City. The City shall use the funds advanced for the payment of such Hard Costs as are
described in the advance request, and if the City fails to do so, the Lender's obligation to fund additional
advances shall thereafter be terminated and of no continuing force and/or effect. The City shall provide
mechanic's and materialmen's releases as may be reasonably requested by the Lender. Upon request of
the City, the Lender may pay such advances directly to the suppliers and contractors described in the
advance request.
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, and at its option, proceed to complete the
Community Facilities, foreclose on any of its collateral, or take any and all such action as may be
provided under the Loan Documents.
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. In such event, however, the Lender must
complete the Community Facilities by the Completion Date or the City shall complete the same as
provided above. 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 necessary the Lender) grants to the City and the Lender open
access to Highpoint Hill Phase I and shall execute and deliver such temporary easements over and across
the entire Highpoint Hill Phase I 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 obligation 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 Highpoint Hill Phase I
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.
12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of
Highpoint Hill Phase I until the Community Facilities are substantially completed and all Hard Costs
contractors have been paid, less retainage. Upon receipt and acceptance by the City of evidence of
substantial completion and the payment by the Developer of all Hard Costs contractors, the City shall
immediately file the final plat of Highpoint Hill Phase 1 as prescribed herein is to guarantee the
Developer's obligations under the CFA.
13. Construction Contracts. The Developer agrees to include in all construction contracts 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 guaranty payment for work
performed on the Community Facilities;
B. A statement that Highpoint Hill Phase I is private property and that same may be subject
to mechanics' and materialmen's liens;
C. A requirement that the contractor release the City from any claim that is related to any
work on Highpoint Hill Phase 1.
D. A requirement that the contractor include in its subcontracts 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:
Ji. Notice to the City shall be addresses and delivered as follows:
CITY OF FORT WORTH
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
ATTENTION:
DEVELOPMENT COORDINATOR
TELECOPY NUMBER: 817-871-8092
CONFIRMATION NUMBER: 817-871-7905
with a copy thereof addressed and delivered as follows:
CITY OF FORT WORTH
1000 THROCKMORTON STREET
FORT WORTH,TEXAS 76102
ATTENTION: GARY STEINBERGER, ESQ.
ASSISTANT CITY ATTORNEY
TELECOPY NUMBER: 817-871-8359
CONFIRMATION NUMBER: 871-871-7600
-c.' _ _.n. -.-
ii. Notice to the Developer shall be addressed and delivered as follows:
BH DEVELOPMENT TWO, L.P.
2929 West 5'h Street, Suite A
Fort Worth, Texas 76107
ATTENTION: Robert H. Barham
TITLE: President of the General Partner, Barham &Harris, Inc.
TELECOPY NUMBER: 817-332-1400
CONFIRMATION NUMBER: 817-377-2900
iii. Notice to the Lender shall be addressed and delivered as follows:
THE FROST NATIONAL BANK
777 Main Street
Fort Worth, TX 76102
ATTENTION: M.C. Cockerline
TITLE: Senior Vice-President
TELECOPY NUMBER: 8I7-420-5250
CONFIRMATION NUMBER: 817-420-5077
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 be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provisions of the 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 this Agreement.
.1:
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.
Executed by the Parties to be effective as of the date first stated above.
'J
APPROVED TO FO AND LEGALITY T FORT WH
By: By ,- ('�
Name: C` ry Steinbernar Name: Marc A. Ott
Asslsstant City Attorney Assistant City Manager
Title: Title:
BH DEVELOPMENT TWO, L.P.
By: M & HARRIS, INC., its General Partner
ATTEST:
MARTY HE RIX By:
CITY SECRETARY Nam Obert H. Barham
Title: President
X11'1 _ 1�'t L
THE FROST NATIONAL BANK
- - v.
Contract Authorization
By: H,�. -
Date Name: M.C. Cockerline
Title: Senior Vice-President
Robert H. Barham and James R. Harris, the Guarantors of the Development Loan, are 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
which shall be subject to and covered by the Loan Dnd the Guaranty Agreements that were
executed by Robert H. Barham and James R. Harris. 4
ert H. Barham
2 0
J es R. Harris
IT. .
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.
LIST OF EXHIBITS TO THE COMPLETION AGREEMENT
BY AND AMONG THE CITY OF FORT WORTH
AND
BH DEVELOPMENT TWO,L.P.
EXHIBIT A--LEGAL DESCRIPTION
EXHIBIT B--APPROVED BUDGET
EXHIBIT A
LEGAL DESCRIPTION
WHEREAS, BH Development Two, L.P. is the owner tract of land located in the John Steele Survey, Abstract No.
1381, City of Fort Worth, Tarrant County Texas, being a portion of that parcel described by document to Mrs.
Elizabeth Potter, Mrs. Virginia Mitchell Purcell, and William Horace Mitchell as recorded in Volume 4628, Page
705, Deed Records Tarrant County Texas (DRTCT), also being described by document recorded in Volume 12758,
Page 536, DUCT,and being more particularly described by metes and bounds as follows(bearing referenced to the
south right of way for State Farm to Market Highway 1 187(FM 1187):
COMMENCING at a found TXDOT (Texas Department of Transportation) concrete monument for the intersection
of the south line of said FM 1187 (variable width right-of-way) and the westerly line of a M.K.&T. Railroad
(variable width right of way), same being the northeast corner of said parcel and being the northeast corner of the
herein described tract, from said rod a 'h-inch iron rod bears N 11'52'29" West, 14.76 feet;
THENCE South 08°10'42" East, with aforesaid westerly line of the MK&T Railroad, generally along an existing
fence and being generally 50-foot west of the center of the existing railroad tracts, a distance of 344.51 feet to a set
iron rod for the POINT OF BEGINNING;
THENCE South 08°10'42" East, continuing along said Railroad right-of-way a distance of 547.06 feet to a set iron
rod;
THENCE North 68016'42" West, departing said Railroad a distance of 101.30 feet to a set iron rod;
THENCE South 23'27'15" West,a distance of 176.40 feet to a set iron rod;
THENCE North 66037'10" West,a distance of 329.58 feet to a set iron rod;
THENCE southwesterly along the arc of a curve to the right, having a central angle of 13°57'50", a radius of
2,065.00 feet,an arc length of 503.27 feet, and a chord of South 30°21'45" West, 502.03 feet to a set iron rod;
THENCE along the arc of a curve to the left, having a central angle of 33°03'35", a radius of 150.00 feet, an arc
length of 86.55 feet, and a chord of South 20°48'53" West, 85.35 feet to a set iron rod;
THENCE South 11'36'12" West, a distance of 60.03 feet to a set iron rod;
THENCE North 80008'28" West, a distance of 26.23 feet to a set iron rod;
THENCE northwesterly along the arc of a curve to the left, having a central angle of 08°19'40", a radius of 430.00
feet,an arc length of 62.50 feet, and a chord of North 86'03'10" West, 62.44 feet to a set iron rod;
THENCE South 44°41'28" West, a distance of 14.14 feet to a set iron rod;
THENCE South 00'18'38" East,a distance of 10.00 feet to a set iron rod;
THENCE South 89°41'22" West,a distance of 50.00 feet to a set iron rod;
THENCE North 00018'38" West, a distance of 10.00 feet to a set iron rod;
THENCE North 45018'38" West, a distance of 14.14 feet to a iron rod set;
THENCE South 89041'22" West, for a distance of 317.70 feet to a set iron rod;
THENCE South 44°41'22" West, a distance of 14.14 feet to a set iron rod;
THENCE South 00°18'38" East, a distance of 10.00 feet to a set iron rod;
THENCE South 89°41'22" West,a distance of 50.00 feet to a set iron rod;
THENCE North 00018'38" West, a distance of 10.00 feet to a set iron rod;
THENCE North 45017'2 1" West, a distance of 14.15 feet to a iron rod set;
THENCE northwesterly along the are of a curve to the right, having a central angle of 44030'34", a radius of 490.00
feet, an arc length of 380.65 feet, and a chord of North 67044'24" West, 371.15 feet to a set iron rod;
THENCE North 85016'55" West, a distance of 15.24 feet to a set iron rod;
THENCE South 54020'13" West, a distance of 10.00 feet to a set iron rod;
THENCE North 41022'37" West,a distance of 50.25 feet to a set iron rod;
THENCE North 54020113" East, a distance of 10.00 feet to a set iron rod;
THENCE North 08030'24" East,a distance of 13.94 feet to a iron rod set;
THENCE northwesterly along the arc of a curve to the right, having a central angle of 02055'19",a radius of 3039.71
feet, an arc length of 155.02 feet, and a chord of North 35°46'06" West, 155.00 feet to a set iron rod;
THENCE North 54020'13"East, a distance of 155.84 feet to a set iron rod;
THENCE along the arc of a curve to the left, having a central angle of 53°41'57", a radius of 1,200.00 feet, an arc
length of 1,124.67 feet,and a chord of North 27'29'14" East, 1,083.96 feet to a set iron rod;
THENCE North 00038'16" East, a distance of 25.00 feet to a set iron rod in the southerly right of way of the
aforesaid FM 1187;
THENCE South 87043'24" East with said right-of-way,a distance of 40.02 feet to a set iron rod;
THENCE South 00038'16" West,departing said right-of-way, a distance of 23.86 feet to a set iron rod;
THENCE along the arc of a curve to the right, having a central angle of 12°54'01", a radius of 1,240.00 feet, an arc
length of 279.19 feet,and a chord of South 07'05'16" West,278.60 feet to a set iron rod;
THENCE North 89041'22" East, a distance of 1078.92 feet to the POINT OF BEGINNING and containing 29.520
acres of land more or less.
EXHIBIT B
APPROVED BUDGET
SEE ATTACHED EXHIBITS
Opinion of Probable Cost
DATE: 8.27.04 JOB NO.: 04-120
OWNER: BH DEVELOPMENT TWO, L.P.
PROJECT: HIGHPOINT HILL ADDITION - PHASE 1 : SUMMARY
ITEM NO, DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 Water Unes (Exhibit A) $222,523.13
2 Sanitary Sewer (Exhibit A-1) $253,200.20
3 Streets (Exhibit B) $623,276.28
4 Storm Drain (Exhibit B-1) $195,501.90
5 Street Lights & Street Signs(Exhibit C) $40,500.00
TOTAL DEVELOPER COST $1,335,001.51
CITY COST
1 Water Llnes (Exhibit A) $0.00
2 Sanitary Sewer (Exhibit A-1) $0.00
3 Streets (Exhibit B) $0.00
4 Storm Drain (Exhibit B-1) $0.00
5 Street Lights &Street Signs (Exhibit C) $0.00
TOTAL CITY COST $0.00
PROJECT TOTAL $1,335,001.51
PREPARED: OL CHECKED BY: SHEET NO.: 1
CIVILworks Engineering
1192 Boling Ranch Road ' Azle, Texas 76020 ' Phone (817) 448-9595Fax(817) 448-6390
Opinion of Probable Cost
DATE: 8.27.04 JOB NO.: 04-120
OWNER: BH DEVELOPMENT TWO, L.P.
PROJECT: HIGHPOINT HILL: EXHIBIT A - WATER LINE
ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 10'x16"Tapping Sleeve and Valve 1 Ea. 1,600.00 $1,600.00
2 10" PVC Water Line 1,353 L.F. 19.75 $26,721.75
3 8" PVC Water Line 5,641 L.F. 17.00 $95,897.00
4 10" Gate Valve 2 Ea. 800.00 $1,600.00
5 8"Gate Valve 13 Ea. 600.00 $7,800.00
6 Fire Hydrant Assembly 7 Ea. 1,700.00 $11,900.00
7 10" Plug 1 Ea. 300.00 $300.00
8 8" Plug 5 Ea. 250.00 $1,250.00
9 1"Water Service 147 Ea. 375.00 $55,125.00
10 Crushed Limestone 10 C.Y. 10.00 $100.00
Subtotal Developer Cost $202,293.75
Contingency (10%) $20,229.38
TOTAL DEVELOPER COST $222,523.13
Inspection Fee (2%) $4,450.46
PREPARED: OL CHECKED BY: SHEET NO.: 2
CIVILworks Engineering
1192 Boling Ranch Road * Azle, Texas 76020 * Phone (817) 448-9595 * Fax(817) 448-6390
Opinion of Probable Cost
DATE: 8,27.04 JOB NO.: 04-120
OWNER: BH DEVELOPMENT TWO, L.P.
PROJECT: HIGHPOINT HILL : EXHIBIT A-1 - SEWER LINES
ITEM NO, DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 Remove 40' of 10"Sewer 1 L.S. 1,200.00 $1,200.00
2 8-Inch PVC Sewer (SDR-35) (0'-14' Depth) 4,146 L.F. 23.00 $95,358.00
3 8-Inch PVC Sewer (SDR-26) (0'-14' Depth) 729 L.F. 25.00 $18,225.00
4 10-Inch PVC Sewer (SDR-35) (0'-14' Depth 149 L.F. 27.00 $4,023.00
5 10-Inch PVC Sewer (SDR-26) (0'-1 4' Depth 33 L.F. 29.00 $957.00
6 20"Steel Casing by Bore 108 L.F. 185.00 $19,980.00
7 Connect to Existing Manhole 0 Ea. 500.00 $0.00
8 Std. 4' Diameter Sewer Manhole 20 Ea. 1,200.00 $24,000.00
9 Additional Depth of Sewer Manhole 30 V.L.F. 120.00 $3,600.00
10 4-Inch PVC Sewer Service (SDR-35) 65 Ea. 325.00 $21,125.00
11 4-Inch PVC Sewer Service (SDR-26) 80 Ea. 365.00 $29,200.00
12 Post-Construction TV Inspection 5,057 L.F. 1.00 $5,057.00
13 Crushed Limestone 10 C.Y. 10.00 $100.00
14 Class 'B' Concrete 0 C.Y. 10.00 $0.00
15 Cement Stabilized Backfill 230 L.F. 10.00 $2,300.00
16 Trench Safety 5,057 L.F. 1.00 $5,057.00
Subtotal Developer Cost $230,182.00
Contingency (10%) $23,018.20
TOTAL DEVELOPER COST $253,200.20
Inspection Fee (2%) $5,064.00
PREPARED: OL CHECKED BY: SHEET NO.: 3
ClVitworks Engineering
1192 Boling Ranch Road " Azle, Texas 76020 ` Phone (817) 448-9595 " Fax(8171448-6390
Opinion of Probable Cost
DATE: 8,27,04 JOB NO.: 04-120
OWNER: BH DEVELOPMENT TWO, L.P.
PROJECT: HIGHPOINT HILL: EXHIBIT B - STREETS
ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 6" Concrete Pavement 19,685 S.Y. 18.75 $369,093.75
2 7" Concrete Pavement 4256 S.Y. 20.50 $87,248.00
3 Connect to Exist. Pavement 0 L.F. 7.00 $0.00
4 6" Lime Stabilized Subgrade 25257 S.Y. 1.65 $41,674.05
5 Lime (6%) 379 Ton 95.00 $36,005.00
6 7" Attached Concrete Curb 11,856 L.F. 1.50 $17,784.00
7 Standard Dead End Barricade 5 Ea. 400.00 $2,000.00
8 4"Thick Concrete Sidewalk 4,964 S.F. 2.50 $12,410.00
9 Standard Handicap Ramp 1 Ea. 400.00 $400.00
Subtotal Developer Cost $566,614.80
Contingency (10%) $56,661.48
TOTAL DEVELOPER COST $623,276.28
Inspection Fee (4%) $24,931.05
PREPARED: OL CHECKED BY: SHEET NO.: 4
CIVILworks Engineering
1192 Boling Ranch Road * Azle, Texas 76020 * Phone (817) 448-9595 * Fax (817) 448-6390
Opinion of Probable Cost
DATE: 8.27.04 .JOB NO.: 04-120
OWNER: BH DEVELOPMENT TWO, L.P.
PROJECT: HIGHPOINT HILL: EXHIBIT B-1 - STORM DRAIN
ITEM NO, DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 Standard 10' Curb Inlet 9 Ea. 1,850.00 $16,650.00
2 Standard 15' Curb Inlet 1 Ea. 2,600.00 $2,600.00
3 Standard 20' Recessed Curb Inlet I Ea. 3,500.00 $3,500.00
4 Standard 4' Square SDMH 2 Ea. 1,500.00 $3,000.00
5 Standard 5' Square SDMH 1 Ea. 1,600.00 $1,600.00
6 24" Class III RCP 644 L.F. 40.00 $25,760.00
7 30" Class III RCP 358 L.F. 52.00 $18,616.00
8 42" Class III RCP 72 L.F. 90.00 $6,480.00
9 48" Class III RCP 725 L.F. 95.00 $68,875.00
10 6'x4' RCBC 44 L.F. 220.00 $9,680.00
11 24" Standard Concrete Headwall 1 Ea. 1,800.001 $1,800.00
12 Double 30"Standard Conc. Headwall 2 Ea. 2,200.00 $4,400.00
13 6'x4' RCBC Standard Conc. Headwall 1 Ea. 2,600.00 $2,600.00
14 48" RCP Pipe Plug Ea. 250.00 $250.00
15 Curb Inlet Sediment Filter 11 Ea. 200.00 $2,200.00
16 Type "A" Grouted Rock Rip-Rap 175 S.Y. 45.00 $7,875.00
17 Trench Safety 1843 L.F. 1.00 $1,843.00
Subtotal Developer Cost $177,729.00
Contingency (10%) $17,772.90
TOTAL DEVELOPER COST $195,501.90
Inspection Fee (4%) $7,820.08
PREPARED: OL CHECKED BY: SHEET NO.: 5
CIVILworks Engineering
1192 Boling Ranch Road ' Azle, Texas 76020 ' Phone (817)448-9595 ' Fax (817)448-6390
Opinion of Probable Cost
DATE: 8.27.04 JOB NO.: 04-120
OWNER: BH DEVELOPMENT TWO, L.P.
PROJECT: HIGHPOINT HILL: EXHIBIT C - STREET LIGHTS
ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 Standard Street Light 18 Ea. 2,200.00 $39,600.00
2 Street Signs 9 Ea. 100.00 $900.00
PREPARED: OL CHECKED BY: SHEET NO.: 6
CIVILworks Engineering
1 192 Boling Ranch Road ' Azle, Texas 76020 ` Phone (81 7)448-9595 ` Fax(81 7) 448-6390