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HomeMy WebLinkAboutContract 49074 s CITY SE0REMfrRY ..`� CONTRACT NO, �C o � ay o COMPLETION AGREEMENT—LENDER FUNDED CPr,1 This Completion Agreement ("Agreement) is made and entered into by and among the City of Fort Worth ("City"), and�G ALEDO DEQ; , a Texas Limited Liability Corporation("Developer"), and SOUTHWEST BANK ("Lender"), effective as of the date subscribed by the City's City Manager or Assistant City Manager. 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 25.921 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 ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP 016-023 or FS and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of MORNINGSTAR - SECTION 5, PHASE 3'("CFA"); and WHEREAS, the City has required certain assurances of the availability of funds to complete the water and sewer utilities, streets/paving, storm drain, street lights and street signs for the development of the Property("Improvements"), 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 (collectively, the"Plans"); and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. City of Fort Worth, Texas Standard Completion Agreement—Lender-Funded OFFICIAL RECORD CFA Official Release Date: 07.01.2015 CITY ONCRE'1'ARY Page 1 of 18 ff.WORTHI 1rX 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 Improvements in the aggregate should not exceed the sum of ONE MILLION SEVEN HUNDRED SIXTY,TWO THOUSAND EIGHT ITDRED FOI)R and EIGHT CENTS, Dollars ($4 6-2 84. 8a,), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Improvements 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 Improvements 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 line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and installation of the Improvements. 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. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 2 of 18 4. Completion by the Developer. The Developer agrees to complete the Improvements on or before the date for completion that is established in the Loan Documents plus thirty (30) days (the "Completion Date"), in accordance with the CFA, the Plans approved by the Lender and the City and all documents evidencing or securing the Loan (collectively, 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 Improvements. 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 fiom receipt of Lender's request, notify Lender that it will undertake to complete the Improvements and the City shall then commence, pursue, and complete the Improvements 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 Improvements. If the City does not timely elect to complete the construction of the Improvements or if the Lender does not request the City to complete construction of the Improvements, then the Lender may at its election terminate this Agreement, or at its option, proceed to complete the Improvements, 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 Improvements, 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 Improvements. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 3 of 18 In the event the cost to complete the Improvements 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 Improvements 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 Improvements, 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 Improvements if there is any default under any Loan Documents in lieu of requesting the City to complete the Improvements. If the Lender elects to complete the Improvements, 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 Improvements, the Developer (and to the extent necessary the Lender) grants to the City and the Lender open access to the Property and shall execute and deliver such temporary easements over and across the entirety of the Property for the purpose of access and use for the completion of the construction of the Improvements 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 Developer's performance bond or other financial security in connection with the development of the Property and the completion of the Improvements that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants City of Fort Worth, Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 4 of 18 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 Improvements; (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 Improvements are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 13. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Improvements the following: a.A statement that the City is not holding any security to guarantee any payment for work performed on the Improvements; 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 of the Improvements; 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. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 5 of 18 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 Attention: CFA Division Julie Westerman, Development Manager Email: Julie.Westerman@fortworthtexas.gov Confirmation Number: 817-392-2677 and/or Attention: CFA Division Email: cfa@fortworthtexas.gov 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: 817-392-7615 (ii) Notice to the Developer shall be addressed and delivered as follows: PGAI DO DEVELOP.,, NT LLC; 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) City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 7 of 18 ACCORDINGLY,the City of Fort Worth, Developer and Lender have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee.: CITE'OF FORT WORTH: DEVELOPER: Jesus J Chapa Name: K B RLY GILL, Assistant City Manager Title: PRESIDENT of KTFW INVESTMENTS, INC., MANAGER of DEVELOPER Date: / Approved as to Form and Legality: Date: ( 3 l rr �p LENDER: Assistant City Attorney -A Name: ALEC BARRY ATTEST: Title: PRESIDENT, 7`h STREET _ BANKING CENTER i M ry J. Kay � ®RT City Secretary M&C: Nl✓�- Date: LOFFICIAL IjCQiWR�'�'H,TX City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 8 of 18 t KIMBERLY GILL, 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 KIMBERLY GILL. GUARANTOR By: Name: , 44vU 624 Title: City of Fort Worth, Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 9 of 18 List of Exhibits to the Completion Agreement Attachment 1 —Changes to the Standard Completion Agreement Exhibit A- Legal Description Exhibit B - Approved Budget City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 10 of 18 ATTACHMENT"1" Changes to Standard Completion Agreement NONE City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 11 of 18 EXHIBIT A STATE OF TEXAS COUNTY OF PARKER Whereas FG Aledo Development, LLC and FWFW Holdings, Inc. are the sole owners of a tract of land out of the P. J. McClary Survey, Abstract No. 907, and situated in Parker County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in February of 2016, said tract being a portion of the same tract of land described in the deed to FG Aledo Development, LLC, recorded as Document No. 2014-10308 in the Deed Records of Parker County, Texas, and being a portion of the same tract of land described in the deed to FWFW Holdings, Inc., recorded as Document No. 2014-10303 in said Records and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch "MILLER 5665" capped steel rod found for the northwest corner of Lot 2X, Block 43, Morningstar, an addition to Parker County, Texas according to the plat thereof recorded as Document No. of the Plat Records of Parker County, Texas, said rod being in the easterly right-of-way line of Farmer Road (FM 3325); Thence North 05 degrees 47 minutes 11 seconds East with said right-of-way line a distance of 9.05 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 07 degrees 15 minutes 41 seconds West continuing with said right-of-way line a distance of 308.99 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 29 degrees 21 minutes 05 seconds West continuing with said right-of-way line a distance of 58.98 feet to a 1/2 inch "MILLER 5665" capped steel rod set; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 12 of 18 Thence North 73 degrees 37 minutes 56 seconds East a distance of 272.80 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 1575.00 feet and whose chord bears North 17 degrees 09 minutes 38 seconds West at 43.59 feet; Thence northerly with said curve through a central angle of 01 degrees 35 minutes 08 seconds and an arc length of 43.59 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence North 72 degrees 02 minutes 48 seconds East a distance of 50.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 71 degrees 03 minutes 59 seconds East a distance of 142.72 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 57 degrees 49 minutes 46 seconds East a distance of 377.47 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 71 degrees 03 minutes 59 seconds East a distance of 563.44 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 82 degrees 41 minutes 53 seconds East a distance of 53.22 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 74 degrees 51 minutes 02 seconds East a distance of 191.74 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the right with a radius of1165.00 feet and whose chord bears North 20 degrees 58 minutes 08 seconds East at 16.12 feet; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 13 of 18 Thence northerly with said curve through a central angle of 00 degrees 47 minutes 33 seconds and an arc length of 16.12 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 68 degrees 38 minutes 05 seconds East a distance of 175.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the right with a radius of 990.00 feet and whose chord bears North 24 degrees 45 minutes 46 seconds East at 117.34 feet; Thence northerly with said curve through a central angle of 06 degrees 47 minutes 42 seconds and an arc length of 117.41 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 61 degrees 50 minutes 23 seconds East a distance of 70.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 920.00 feet and whose chord bears South 24 degrees 58 minutes 46 seconds West at 102.10 feet; Thence southerly with said curve through a central angle of 06 degrees 21 minutes 42 seconds and an arc length of 102.15 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 68 degrees 12 minutes 05 seconds East a distance of 10.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 910.00.00 feet and whose chord bears South 01 degrees 46 minutes 26 seconds East at 727.83 feet; Thence southerly with said curve through a central angle of 47 degrees 08 minutes 41 seconds and an are length of 748.78 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; City of Fort Worth, Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 14 of 18 Thence South 25 degrees 20 minutes 46 seconds East a distance of 26.11 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 64 degrees 39 minutes 14 seconds West a distance of 80.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the northerly boundary line of said addition; Thence westerly with the northerly boundary line of said addition the following calls: North 25 degrees 20 minutes 46 seconds West a distance of 26.11 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the beginning of a curve to the right with a radius of 990.00 feet and whose chord bears North 20 degrees 55 minutes 47 seconds West at 152.47 feet; Northerly with said curve through a central angle of 08 degrees 49 minutes 59 seconds and an arc length of 152.62 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the end of said curve; South 73 degrees 29 minutes 13 seconds West a distance of 125.00 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the beginning of a curve to the right with a radius of 1115.00 feet and whose chord bears North 15 degrees 40 minutes 12 seconds West at 32.81 feet; Northerly with said curve through a central angle of 01 degrees 41 minutes 10 seconds and an arc length of 32.81 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the end of said curve; South 75 degrees 10 minutes 23 seconds West a distance of 184.50 feet to a 1/2 inch "MILLER 5665" capped steel rod found; North 14 degrees 49 minutes 08 seconds West a distance of 104.41 feet to a 1/2 inch "MILLER 5665" capped steel rod found; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 15 of 18 South 64 degrees 39 minutes 14 seconds West a distance of 161.51 feet to a 1/2 inch "MILLER 5665" capped steel rod found; North 25 degrees 20 minutes 46 seconds West a distance of 12.03 feet to a 1/2 inch "MILLER 5665" capped steel rod found; South 64 degrees 39 minutes 14 seconds West a distance of 185.00 feet to a 1/2 inch "MILLER 5665" capped steel rod found; South 60 degrees 03 minutes 16 seconds West a distance of 49.20 feet to a 1/2 inch "MILLER 5665" capped steel rod found; South 51 degrees 28 minutes 20 seconds West a distance of 200.65 feet to a 1/2 inch "MILLER 5665" capped steel rod found; South 88 degrees 46 minutes 43 seconds West a distance of 300.59 feet to a 1/2 inch "MILLER 5665" capped steel rod found; North 00 degrees 29 minutes 08 seconds West a distance of 85.26 feet to a 1/2 inch "MILLER 5665" capped steel rod found; South 89 degrees 11 minutes 11 seconds West a distance of 185.00 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the beginning of a curve to the right with a radius of 1575.00 feet and whose chord bears South 00 degrees 38 minutes 19 seconds East at 9.62 feet; Southerly with said curve through a central angle of 00 degrees 21 minutes 00 seconds and an arc length of 9.62 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the end of said curve; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 16 of 18 Thence South 89 degrees 32 minutes 11 seconds West continuing with said northerly boundary _ line a distance of 258.57 feet to the point of beginning and containing 25.921 acres of land, more or less City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 17 of 18 EXHIBIT B APPROVED BUDGET Section I Water $359584,70' Sewer $275746,$( Subtotal $63433150 Section II Interior Streets $7900700 Storm Drains $269357.50' Subtotal $106032 7:58; Section III Street Lights $6;84500 Sub-total $68 t4WO TOTAL $176280, City of Fort Worth, Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 18 of 18 OAK EK \ C TION I SECTION 5 PHASE 2 SECTION A EN 5 00 0� �gRysFCRE EST p0� MIOSRTNIINRG N.T.S. OLD WEATHERFORD /moi l l / BFtPNC"_.� OLD WEATHERFORD gRys CHAPIN � 1187 20 °RFFk 30 30 58 MA YS Underwood r Cemeteryl �r UNION l 20 �-\�ED0 � � Q 8 ��A` / UNION P ACIFIC LOCATION MAP WATER NO. 59601-0600430-100723-001480 SANITARY SEWER NO. 59607-0700430-100723-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2455 SECTION 5, PHASE 3 XIi24082JECT N0. 100723 WELCH ENGINEERING, INC. CONSULTING ENGINE-ERS \ \• , '': PROP. B"W G�P• r / ROP. 12'W PROP. 8"W •li 1 Ppp. 8'W PROP. 8'W t1'PROP.12'W N \\ i ..i'/� '`\ '� .K,, `\1�'�� - _-_____._ II II J•---'I , i \� \ . it =1'. r��l/1 PROP. 6'W ``1 \ \ GO�� < �. � f rn PROP 16'W -C..._}. 2� �� Y- PROP. 8"W� , O- o \" PROP.` 8'W,'.'\ \' EX/ST.'�W - £X/ST 87W ,- I ISI EX15r. 8'W' ' I i' EX/Sr. 12 8-W I I Ili �-- - ' -- - -- \ �\J.l� '•\ \� � �O I j �ii I SARALILY WAY IIj Fps R S`A� 1J V I EX/ST 8"W i��- -- --- ---- I lil I EVERLY CT iIa j liI ` I ilo III .._ �.....- EXrsr 8'W I j lil I + II� � ( � \1 •,t 1 �I� i lil I PRIMROSE'GARDEN CT 100% DEVELOPER'S COST 8" AND 12" WATER LINES, FIRE HYDRANTS, GATE VALVES AND ASSOCIATED APPURTENANCES CITY PARTICIPATION- 16" WATER LINE, GATE VALVES AND ASSOCIATED APPURTENANCES EXHIBIT "A„ SCALE: 1"=300' WATER NO. 59601-0600430-100723-001480 WATER IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-100723-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2455 CITY PROJECT NO. 100723 SECTION 5, PHASE 3 x-24082 WELCH I NGINEERINO, INC. CONSUL TING ENGINEERS t PROP. OR� W PROP. 10 SS y 1t, � PROP. 8 o- PROP. 8"SS - „•- TI i �` tttt ` i, .lk• y �i fY"SS Y (I J^ _.LPROP8"SS• J ... OP. 8S It , It 'PROP.` -SS t w EX/ST. B ss ' t i t I MORNINGSTAR `\SECTION 5 PHASE 2 T-� �� \ ' �\X i r. Bss SARALILY WAY E%ST. 8"SS.- i III �. .,.�--. I I I EX/ST8's5 EX/ST. 8s5 \` i EVERLY CT ! 11 1 I I I ( 1 EX/ST. 8sS I EX/ST. 8 sS ( f MOkVINGSTAR i o i l i l SECTION 5 ,! PHASE I , o i 'I PRIMROSE GARDEN CT 1 Z 100% DEVELOPER'S COST ♦- 8" SANITARY SEWER LINES AND ASSOCIATED APPURTENANCES EXHIBIT "A-1" SCALE: 1"=300' WATER NO. 59601-0600430-100723-001480 SANITARY SEWER IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-100723-001380 M ORN I N GSTAR STREET/STORM DRAIN NO. W-2455 CITY PROJECT NO. 100723 SECTION 5, PHASE 3 x-24082 WELCH ]ENGINEERING, I NC. CONSULTING ENGINE-ERS SHEET 1 OF 2 t \ \ W i lIr It Y 3 B' Vp , I w "o , j I_ _ h oa_ :( \" I - I'� \" NINGSTAR SECTION 5 , PHASE 2 A I' m 0 i �T \ I SARALILY WAY l •`` \''' \\ 50R.O.W. `� �'°o. `•. '\ \\ ip bd Ii!ERLY CT °'RAY m R.O.W. ! j 3j'&—I?J 3 MORNINGS.' IY a SECTION 5 PHASE 1 ch PRIMROSE RDEN CT' i L ( 50•R.O.W. I� I 100% DEVELOPER'S COST 6" PAVEMENT W/2% CROSS SLOPE ON 6" LIME SUBGRADE 100% DEVELOPER'S COST ® 7.5 PAVEMENT W/2% CROSS SLOPE ON 8" LIME SUBGRADE EXHIBIT "B„ SCALE: 1"=300' WATER NO. 59601-0600430-100723-001480 PAVING IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-100723-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2455 SECTION 5, PHASE 3 x 24082JECT N0. 100723 WELCH ENGINEERWC., INC. CONSUL TING ENGINEERS i , V RMIRE 4-9X6'AND 1-9X8' �\ + ` MUC A-BOX CUL wRT " 30RCP i 42"RCP ° 5 ,•,�• ' 24"RCP 24"RCP '" 24"RC20,r 10 20' 20' 36"RC' 24"RCP ,. ::� i� ..•.20'20 X24"RCP , W i 9JO fn C-4 MORNINGSTAR N SECTION 5 , PHASE 2; 77 SARALILY WAY t t� i I it EVERLYiCT i 9 �lw MORNINGSTAR I a ti l l SECTION 5 , PHASE I z I I II � � ( 'PRIMROSE GARDEN CT 10', 15, OR 20' INLET 100% DEVELOPER'S COST STORM SEWER AND INLET AND ASSOCIATED APPURTENANCES SCALE: 1"=300' EXHIBIT 99B-199 WATER NO. 59601-0600430-100723-001480 STORM DRAIN IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-100723-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2455 CITY PROJECT NO. 100723 SECTION 5, PHASE 3 x-24082 WELCH ENGINEERIN0, I NC. CONSULTING ENG/NE-ERS \� C POS.. ..t / �•. `•. �� i -' \ :tP�'-- .� LL 0 , �o ,I 01 r„ \R V0 1YIORNINGSTAR w \ \ SECTION 5 , PHASE 2 Ln SARALILY I I ! I I i t i i i •-- � \ EVERLY CT lz I I! I Iw MORNINGSTAR o ' ! SECTIDIV 5 ,1 PHASE I j PRIMROSE GARDEN CT'\ III *-- PROPOSED STREET LIGHT (100% DEVELOPER'S COST) 0-- PROPOSED STREET SIGN (100% DEVELOPER'S COST) ■-- PROPOSED GROUND BOX (100% DEVELOPER'S COST) SCALE: 1"=300' EXHIBIT "C" WATER NO. 59601-0600430-100723-001480 STREET LIGHTS SANITARY SEWER NO. 59607-0700430-100723-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2455 CITY PROJECT NO. 100723 SECTION 5, PHASE 3 X-24082 WELCH ENGINEERING, I NC. CONSUL TING ENG/NEE-RS 00 42 43 DAP-BID PROPOSAL Page 1 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CFA VALUES 12/29/2016 MORNINGSTAR-SECTION 5,PHASE 3 CPN: 100723 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity UNIT I:WATER IMPROVEMENTS 1 3311.0161 6"Water Pipe 33 11 12 LF 50 $26.00 $1,300.0 2 3311.0261 8"Water Pipe 33 11 12 LF 3,713 $29.50 $109,533.5 3 3311.0441 12"Water Pipe 33 11 12 LF 649 $49.00 $31,801.0 4 3311.0541 16"Water Pipe 33 11 12 LF 401 $65.00 $26,065.0 5 3312.3002 6"Gate Valve 33 1220 EA 6 $850.00 $5,100.0 6 3312.3003 8"Gate Valve 33 1220 EA 12 $950.0 $11,400.0 7 3312.3005 12"Gate Valve 33 1220 EA 2 $2,000.0 $4,000.0 8 3312.3006 16"Gate Valve w/Vault 33 1220 EA 1 $14,000.0 $14,000.0 9 3312.0117 Connect.to Existing 4"-12"Water Main 33 1225 EA 3 $800.0 $2,400.0 10 3312.0106 Connect.to Existing 16"Water Main 33 1225 EA 1 $2,100.0 $2,100.0 11 3312.0001 Fire Hydrant 33 1240 EA 5 $3,400.Oc $17,000.0 12 3312.1002 Air Valve Assembly-2"Vlave(D138) 33 1230 EA 5 $7,800.0 $39,000.0 13 331 1.0001 Ductile Iron Water Fittings 33 11 11 TON 3 $5,500.0 $16,500.0 14 3305.0109 Trench Safety 3305 10 LF 4,813 $0.40 $1,925.2 15 3312.2003 1"Water Service 33 12 10 EA 87 $780.00 $67,860.0 16 3471.0001 Traffic Control 3471 13 MO 2 $2,500.00 $5,000.0 17 3125.0101 SWPPP>1 acre 31 25 00 LS 1 $3,600.00 $3,600.0 TOTAL UNIT I:WATER IMPROVEMENTS $358,584.70 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 201336E3-CFA COST and QUANTITIES-SECTION 5 PHASE 3-12-29-16 00 42 43 DAP-BID PROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CFA VALUES 12/29/2016 MORNINGSTAR-SECTION 5,PHASE 3 CPN: 100723 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS 1 3331.4115 8"Sewer Pipe 3331 20 LF 3,330 $34.00 $113,220.0 2 3331.4116 8"Sewer Pipe,CSB Backfill 3311 10 LF 86 $75.00 $6,450.0 3 3331.4201 10"Sewer Pipe 3331 20 LF 245 $42.00 $10,290.0 4 3331.4202 10"Sewer Pipe,CSB Backfill 33 11 10 LF 13 $90.00 $1,170.0 5 3331.4208 12"Sewer Pipe 3331 20 LF $64.00 6 3305.0116 Concrete Encasement 3305 10 CY 15 $50.00 $750.0 7 3305.0112 Concrete Collars 3305 15 EA $150.0 8 3339.1001 4'Manhole 33 39 20 EA 15 $3,600.00 $54,000.0 9 3339.1002 4'Drop Manhole 33 29 20 EA 2 $7,500.00 $15,000.0 10 3339.1003 4'Extra Depth Manhole 33 39 20 VF 67 $150.00 $10,050.0 11 3331.3101 4"Sewer Service,Two-way cleanout 3331 50 EA 86 $385.00 $33,110.0 12 3301.0002 Post-CCTV Inspection 3301 31 LF 3,674 $2.80 $10,287.2 13 3301.0101 Manhole Vacuum Testing 3301 30 EA 17 $150.00 $2,550.0 14 3339.0001 Epoxy Manhole Liner 33 39 60 VF 58 $200.00 $11,600.0 15 3305.0109 Trench Safety 3305 10 LF 3,674 $0.40 $1,469.6 16 9999.0001 Connect to Existing Sanitary Sewer Main 33 11 10 EA $500.0 17 3305.0113 Trench Water Stops 3305 10 EA 16 $250.00 $4,000.0 18 3125.0101 SWPPP>I acre 312500 LS 0.5 $3,600.00 $1,800.0 TOTAL UNIT II:SANITARY SEWER IMPROVEMENT $275,746.80 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 201336E3-CFA COST and QUANTITIES-SECTION 5 PHASE 3-12-29-16 00 42 43 DAP-BID PROPOSAL Page 3 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CFA VALUES 12/29/2016 MORNINGSTAR-SECTION 5,PHASE 3 CPN: 100723 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Vah1e No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 3305.0109 Trench Safety 3305 10 LF 1,551 $0.50 $775.5 2 3341.0402 42"RCP,Class III 3341 10 LF 402 $115.00 $46,230.0 3 3341.0309 36"RCP,Class III 3341 10 LF 174 $90.00 $15,660.0 4 3341.0307 30"RCP,Class III 3341 10 LF 579 $68.00 $39,372.0 5 3341.0205 24"RCP,Class III 3341 10 LF 396 $60.00 $23,760.0 6 3349.0001 4'Storm Junction Box 3349 10 EA 2 $4,300.0 $8,600.0 7 3349.0002 5'Storm Junction Box 3349 10 EA 1 $5,800.0 $5,800.0 8 3349.5003 20'Curb Inlet 33 49 20 EA 10 $7,500.0 $75,000.0 9 3137.0104 Medium Stone,Riprap,dry 31 37 00 SY 596 $85.00 $50,660.0 10 3125.0101 SWPPP>1 acre 31 25 00 LS 1 $3,500.0 $3,500.0 TOTAL UNIT III:DRAINAGE IMPROVEMENT $269,357.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 201336E3-CFA COST and QUANTITIES-SECTION 5 PHASE 3-12-29-16 00 42 43 DAP-BID PROPOSAL Page 4 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CFA VALUES 12/29/2016 MORNINGSTAR-SECTION 5,PHASE 3 CPN: 100723 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity UNIT IV:PAVING IMPROVEMENTS 1 3213.0101 6"Cone Pvmt 32 13 13 SY 12,132 $32.22 $390,893.0 2 3211.0501 6"Lime Treatment 32 11 29 SY 12,921 $2.15 $27,780.1 3 3211.0400 Hydrate Lime 32 1129 TN 193.81 $162.00 $31,397.2 4 9999.0001 7.5"Cone Pvmt 32 13 13 SY 5,517 $35.84 $197,729.2 5 3211.0502 8"Lime Treatment 32 1129 SY 5,876 $2.35 $13,808.6 6 3211.0400 Hydrate Lime 321129 TN 117.57 $162.00 $19,046.3 7 3213.0301 4"Concrete Sidewalk(5'&10) 32 1320 SF 15,694 $4.60 $72,192.4 8 3213.0501 Barrier Free Ramp-Type R-I 32 1320 EA 14 $1,085.00 $15,190.0 9 3213.0506 Barrier Free Ramp-Type P-1 32 1320 EA 4 $660.00 $2,640.0 10 3441.4003 Furnish&Install Ground Mount post w/Stop& 3441 30 EA 19 $8,645.0 Directive $455.0 11 9999.0003 Street Name Plates for Street Intersection 3441 30 EA 7 $143.50 $1,004.5 12 3217.0501 24"Solid White Stop Bar Paint(W) 32 1723 LF 25 $16.35 $408.75 13 3217.0001 4"Solid Pvmt Marking Paint(W) 32 1723 LF 60 $2.65 $159.00 14 3217.0002 4"Solid Pvmt Marking Paint(Y) 32 1723 LF 80 $2.65 $212.0 15 9999.0004 Street barricade(street dead ends) 31 3600 LF 60 $28.40 $1,704.0 16 3471.0001 Traffic Control 3471 13 MO 2 $1,150.00 $2,300.0 17 3137.0104 Small Stone,Riprap,concrete 31 37 00 SY 41 $72.80 $2,984.8 18 3125.0101 SWPPP>I acre 31 2500 LS 1 $2,875.00 $2,875.0 TOTAL UNIT IV: PAVING IMPROVEMENT $790,970.08 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 201336E3-CFA COST and QUANTITIES-SECTION 5 PHASE 3-12-29-16 00 42 43 DAP-BID PROPOSAL Page 5 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CFA VALUES 12/29/2016 MORNINGSTAR-SECTION 5,PHASE 3 CPN: 100723 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 9999.0000 Holophane-Columbia Aluminum Pole, Washington- 1 14.5'Luminaire WFL-l00W-4K-AS-B-L5-H-PCS 3441 20 EA 25 $450.0 $11,250.0 2 3441.3001 Furnish/Install Rdwy Ilium Foundation TY 7 3441 20 EA 25 $850.00 $21,250.0 3 9999.0000 Install Rdwy Ilium Assembly TY D-25-6,ATB2-TYP2 3441 20 EA 5 $550.00 $2,750.0 13 138W-NW-NL-7PIN or approved equal,Pole Type 8 Truss 33B 4 9999.0001 Install ATB2-TYP2-138W-NW-NL-7PIN or approved 3441 20 EA 5 $125.00 $625.0 equal 5 9999.0002 Install Truss 33B Arm 34 41 20 EA 5 $100.00 $500.0 6 3441.3301 Furnish/Install Rdwy Ilium Foundation TY 2 3441 20 EA 5 $950.00 $4,750.0 7 2605.3015 Furnish/Install 2 Inch Conduit PVC SCH 80(T) 26 05 33 LF 2567 $8.00 $20,536.0 8 3441.3401 Furnish/Install 46 Triplex Alum Electric Conductor 3441 10 LF 2567 $2.00 $5,134.0 9 3441.1501 Furnish/Install Ground Boxes Type B 3441 10 EA 3 $450.00 $1,350.0 Note: Tri-County Electric is providing certain items above TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $68,145.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 201336133-CFA COST and QUANTITIES-SECTION 5 PHASE 3-12-29-16 00 42 43 DAP-BID PROPOSAL Page 7 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CFA VALUES 12/29/2016 MORNINGSTAR-SECTION 5,PHASE 3 CPN: 100723 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit Bid Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS $358,584.70 UNIT II:SANITARY SEWER IMPROVEMENTS $275,746.80 UNIT III: DRAINAGE IMPROVEMENTS $269,357.50 UNIT IV: PAVING IMPROVEMENTS $790,970.08 UNIT V:STREET LIGHTING IMPROVEMENTS $68,145.00 Total Construction Bid $1,762,804.08 Contractor agrees to complete WORI{for FINAL ACCEPTANCE within. It days, calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 201336E3-CFA COST and QUANTITIES-SECTION 5 PHASE 3-12-29-16 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee Title V""This form is N/A as No City Funds are associated with this Contract Printed Name Signature l p