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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. _ f�J':1. _�_ ��•_�~:�°._ 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. . Tli . 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