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HomeMy WebLinkAboutContract 52201 Received Date:04/22/2019 Received Time:9:08 AM Developer and Project Information Cover Sheet: Developer Company Name: Deer Meadow 29,Inc. Address, State,Zip Code: 305 Lackland Rd. ,Fort Worth,TX, 76116 Phone&Email: 817-731-7595,dallen(a)lacklandholdings.com Authorized Signatory, Title: Don Allen , Secretary Project Name: Deer Meadows Phase 5 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: South of Intersection of Crockett Drive and Meadow Lane Plat Case Number: None Plat Name: None Mapsco: Council District: CFA Number: CFA2018-082 City Project Number: 101530 City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 OFFICIAL RECORD Page 1 of 11 CITY SECRETARY FT: WORTH, TX STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 52201 WHEREAS, Deer Meadow 29, Inc., ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements")related to a project generally described as Deer Meadows Phase 5 ("Project") within the City or the extraterritorial jurisdiction of Fort Worth,Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ('Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas -- Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 2 of 11 i i to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) ®, Sewer(A-1) ❑X, Paving (B) OX, Storm Drain(B-1) ©, Street Lights & Signs (C) ©. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured,licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s)it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits,actions or claims of any character,whether real or asserted,brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negljgence of the City of Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from,or in any way connected with,the construction of the infrastructure contemplated herein,whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further,Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date: 02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent(2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent(4%) and material testing fees equal to two percent(2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent(4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements leas started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IMMIGRATION AND NATIONALITY ACT R. Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Developer shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date: 02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Deer Meadows Phase 5 CFA No.: CFA2018-082 City Proj ect No.: 10,`5 3 0 An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 269,271.00 2.Sewer Construction $ 310,825.00 Water and Sewer Construction Total $ 580,096.00 B. TPW Construction 1.Street $ 762,658.03 2.Storm Drain $ 1,450,707.50 3.Street Lights Installed by Developer $ 98,487.60 4. Signals $ TPW Construction Cost Total $ 2,311,853.13 Total Construction Cost(excluding the fees): $ 2,891,949.13 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 11,601,92 D. Water/Sewer Material Testing Fee(2%) $ 11,601.92 Sub-Total for Water Construction Fees $ 23,203.84 E. TPW Inspection Fee(4%) $ 88,534.62 F. TPW Material Testing(2%) $ 44,267.31 G. Street Light Inspsection Cost $ 3,939.50 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 136,74 .43 Total Construction Fees: $ 159,94!i.27 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% Completion Agreement=100%/Holds Plat $ 2,737,888.73 x Cash Escrow Water/Sanitary Sewer— 125% Escrow Pledge A reemetn Off Site Paving and Street Lights =12 $ 192,57f6.50 x Letter of Credit=125%w/2 r expiration period City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer 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. CITY OF FORT WORTH DEVELOPER Deer Meadow 29,Inc. S•---7Gr Jesus J.Chapa(Apr 19,2019) Jesus J. Chapa Assistant City Manager Date: Apr 19,2019 Don alien(Apr 10,201 Name: Don Allen Recommended by: Title: Secretary r y Date: Apr 10,2019 n�. Y Evelyn Robe(Apr 17,20191 Evelyn Roberts/Jennifer Ezemack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting A &ha,i a1 X requirements. Richard A.McCracken(Apr 19,2019) Richard A. McCracken Assistant City Attorney a Scarlett Morales(Apr 18,2019) M&C No. NSA Name: Janie Morales Date: Title: Development Manager Form 1295: NLA ATTEST: Mary✓. K� sv er Mary J Kayser(Apr 22,2019) Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 OFFICIAL RECORD CFA Official Release Date: 02.20.2017 CITY SECRETARY Page 9 of 11 FT WORTH,TX Check items associated with the project being undertaken: checked items must be included as Attachments to this Agreement Included Attachment ® Attachment I -Changes to Standard Community Facilities Agreement ® Location Map ® Exhibit A:Water Improvements ® Exhibit A-1: Sewer Improvements ® Water and Sewer Cost Estimates ® Exhibit B: Paving Improvements ® Paving Cost Estimate ® Exhibit B-1: Storm Drain Improvements ® Storm Drain Cost Estimate ® Exhibit C: Street Lights and Signs Improvements �. Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101530 None. City of Fort Worth,Texas Standard Community Facilities Agreement-Deer Meadows Phase 5 CFA Official Release Date:02.20.2017 Page 11 of 11 COMPLETION AGREEMENT—LENDER FUNDED This Completion Agreement("Agreement)is made and entered into by and among the City of Fort Worth ("City"), and DEER MEADOW 29, INC. ("Developer"), and VISTA 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 29.347 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 18-049 and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of DEER MEADOW PHASE 5 ("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. 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 City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 1 of 17 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 Two Million Seven Hundred Thirty-Seven Thousand Eight Hundred Eighty-Eight Dollars and Seventy-Three Cents Dollars($2,737,888.73),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. 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 City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 2 of 17 thirty(30) days (the"Completion Date"), in accordance with the CIA, 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 from 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. 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 City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME CFA Official Release Date:07.01.2015 Page 3 of 17 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 CIA 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 CIA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME CFA Official Release Date:07.01.2015 Page 4 of 17 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 CIA are completed. 13. Construction Contracts. Developer agrees to inc;l.ide in each Construction contract that it enters into for the completion of the Improvements the fol lowing: 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. 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,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME CFA Official Release Date:07.01.2015 Page 5 of 17 City of Fort Worth Planning and Development Department 200 Texas Street Fort Worth,Texas 76102 Attention: CFA Division Janie Morales,Development Manager Email: Janie.Morales@fortworthtexas.gov Confirmation Number: 817-392-7810 and/or Attention: CFA Division Email: cfa@fortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: Richard A. McCracken Office of the City Attorney City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: Deer Meadow 29, Inc. Attn: Tim Fleet and Don Allen 3045 Lackland Road Fort Worth, TX 76116 Email: dallen@lacklandholdings.com (iii) Notice to the Lender shall be addressed and delivered as follows: Vista Bank Attn: Marcus Williams 1300 Summit Ave, Suite 100 Fort Worth, TX 76102 Email: mwilliams@vistabank.com A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME CFA Official Release Date:07.01.2015 Page 6 of 17 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 Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 7 of 17 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.: CITY OF FORT WORTH: DEVELOPER: DEER MEADOW 29, INC. Ste•-7ur Jesus J.Chapa(Apr 19,20191 Jesus J. Chapa Don alien(Apr 10,201 Assistant City Manager Name: Don Allen Title: Secretary Date: Apr 19,2019 . Apr 10,2019 Date Approved as to Form and Legality: LENDER: VISTA BANK &h&_d 4 &Cwke Richard A.McCracken(Apr 19,2019) Richard A. McCracken Marcus wilAams Assistant City Attorney Marcus Williams(Apr 17,2019) Name: Marcus Williams ATTEST: Title: Vice President ,SORT ' Contract Compliance Manager l ' Mary T. Kc sv cr Mary J.�Kayser(Apr 22,2019) By signing I acknowledge that I am the Mary J. Kayser person responsible for the monitoring and City Secretary administration of this contract, including ensuring all performance and reporting M&C: requirements. Date: e Scarlett Morales(Apr 18,201 Janie S. Morales Development Manager City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 LE CFA Official Release Date:07.01.2015 Page S of 17 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Tim Fleet, 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 Tim Fleet. GUARANTOR tim flee (Apr 11� 2� 0 By: 19) Name: Tim Fleet City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME CFA Official Release Date:07.01.2015 Page 9 of 17 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 Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 10 of 17 ATTACHMENT"1" Changes to Standard Completion Agreement None City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 11 of 17 EXHIBIT A STATE OF TEXAS § COUNTY OF TARRANT § BEING A TRACT OF LAND IN THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 , CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO DEER MEADOW 29, INC., RECORDED UNDER INSTRUMENT NUMBER D219065567, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), (HEREINAFTER REFERRED TO AS TRACT 1) , AND ALSO BEING ALL OF THAT CERTAIN TRACT OF LAND BEING DESCRIBED IN A SPECIAL WARRANTY DEED TO DEER MEADOW 29, INC., RECORDED UNDER INSTRUMENT NUMBER D219065566, RECORDED UNDER INSTRUMENT NUMBER D203315118, O.P.R.T.C.T., (HEREINAFTER REFERRED TO AS TRACT 2), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED "JOHNSON" FOUND FOR THE SOUTHEAST CORNER OF LOT 1, BLOCK 7, OF SAID GARDEN MEADOWS, PHASE 1, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF. RECORDED UNDER INSTRUMENT NUMBER D202144116, O.P.R.T.C.T, SAME BEING ON THE NORTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN WARRANTY DEED TO TEXAS ELECTRIC SERVICE COMPANY, (HEREINAFTER REFERRED TO AS T.E.S.C.O TRACT), RECORDED IN VOLUME 3539, PAGE 348 DEED RECORD, TARRANT COUNTY, TEXAS (D.R.T.C.T.), SAME ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE NORTH 00024'07" WEST, WITH THE COMMON LINE BETWEEN SAID LOT 1, BLOCK 7 AND SAID TRACT 1, PASSING AT A DISTANCE OF 170.00 FEET A FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED "RPLS 5299" FOUND IN THE EXISTING NORTH RIGHT-OF-WAY LINE OF NELSON PLACE (A 50 FOOT RIGHT- OF-WAY), SAME BEING THE SOUTHEAST CORNER OF LOT 35, BLOCK 4, OF SAID GARDEN MEADOWS PHASE 1, CONTINUING ALONG SAID COURSE WITH THE COMMON LINE BETWEEN SAID LOT 35 AND SAID TRACT 1 A TOTAL DISTANCE OF 289.71 FEET TO A FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED "RPLS 4836" FOUND FOR THE NORTHEAST CORNER OF SAID LOT 35, SAME BEING ON THE SOUTH LINE OF LOT 1, BLOCK 4, OF SAID GARDEN MEADOWS, PHASE 1; THENCE SOUTH 89035-53" WEST, WITH THE COMMON LINE BETWEEN SAID LOT 35 AND SAID LOT 1, BLOCK 4, A DISTANCE OF 50.74 FEET TO A FIVE-EIGHTHS IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 35, SAME City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 12 of 17 BEING THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 4 AND BEING IN THE EXISTING EAST RIGHT-OF-WAY LINE OF NICOLE WAY (A 50 FOOT RIGHT-OF- WAY) AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE AN ARC DISTANCE OF 156.46 FEET NORTHEASTERLY WITH SAID NON- TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 150.02 FEET, THROUGH A CENTRAL ANGLE OF 59045'20", AND A CHORD BEARING AND DISTANCE OF NORTH 41058'34" EAST, 149.46 FEET TO FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED "RPLS 5299" FOUND IN THE EXISTING SOUTHEASTERLY RIGHT-OF- WAY LINE OF SAID NICOLE WAY AND BEING THE MOST NORTHERLY CORNER OF SAID LOT 1, BLOCK 4; THENCE NORTH 18008'39" WEST, WITH THE COMMON LINE BETWEEN THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF SAID N COLE WAY AND SAID TRACT 1 A DISTANCE OF 50.00 FEET TO A FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED "RPLS 5299" FOUND IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID NICOLE WAY AT THE BEGINNING OF A `JON-TANGENT CURVE TO THE LEFT; THENCE AN ARC DISTANCE OF 37.87 FEET SOUTHWIZESTERLY WITH SAID NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 10050'53", AND A CHORD BEARING AND DISTANCE OF SOUTH 66025'54" WEST, 37.81 FEET TO A FIVE-EIGHTHS INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET AT THE SOUTHEAST CORNER OF LOT 19, BLOCK 1, OF SAID GARDEN MEADOWS, PHASE 1; THENCE NORTH 00024-07" WEST, WITH THE COMMON LINE BETWEEN SAID LOT 19 AND SAID TRACT 1, A DISTANCE OF 144.38 FEET TO A FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED "RPLS 4838" FOUND FOR THE NORTHEAST CORNER OF SAID LOT 19, SAME BEING THE NORTHWEST CORNER OF SAID TRACT 1 AND BEING ON THE SOUTH LINE OF BLOCK 9, OF W. B. EDWARDS GARDEN ACRES ADD'N, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-20, PAGE 1, P.R.T.C.T.; THENCE NORTH 89035-53" EAST, WITH THE COMMON LINE OF SAID BLOCK 9 AND SAID TRACT 1 A DISTANCE OF 902.14 FEET TO �, FIVE-EIGHTHS INCH IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING" IN THE EAST RIGHT- OF-WAY LINE OF MEADOW LANE (50 FOOT RIGHT-OF-WAY), SAME BEING THE SOUTHWEST CORNER OF LOT 1R, BLOCK 10, W. B. EDWARDS GARDEN ACRES ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER INSTRUMENT NUMBER D170086629, O.P.R.T.C.T.; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 13 of 17 THENCE NORTH 89038-00" EAST, WITH THE COMMON LINE OF SAID BLOCK 10 AND TRACT 1, PASSING AT A DISTANCE OF 353.88 FEET A ONE-FOURTH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT 1 AND THE NORTHWEST CORNER OF SAID TRACT 2, AND CONTINUING ALONG SAID COURSE AND PASSING AT A DISTANCE OF 665.92 FEET A FIVE-EIGHTHS IRON ROD FOUND AT THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO TEXAS ELECTRIC SERVICE COMPANY RECORDED UNDER INSTRUMENT No.D174003546, (O.P.R.T.C.T.), AND CONTINUING ALONG SAID COURSE A TOTAL DISTANCE OF 1314.95 FEET TO A FIVE-EIGHTHS INCH IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING" FOR THE NORTHEAST CORNER OF SAID TRACT 2 AND THE NORTHWEST CORNER OF STILL MEADOWS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER D187025472, O.P.R.T.C.T., FROM WHICH A ONE-INCH IRON PIPE FOUND BEARS N 07025'51" W, 0.80 FEET AND FROM WHICH A ONE- HALF INCH IRON FOUND AT THE SOUTHEAST CORNER OF SAID BLOCK 10, OF SAID W. B. EDWARDS GARDEN ACRES BEARS NORTH 89038'00" EAST, 1258.44 FEET; THENCE SOUTH 00045'44" EAST, WITH THE COMMON LINE BETWEEN SAID TRACT 2 AND SAID STILL MEADOWS ADDITION A DISTANCE OF 581.48 FEET TO A FIVE-EIGHTHS INCH IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING" FOR THE SOUTHEAST CORNER OF SAID TRACT 2, SAME BEING THE SOUTHWEST CORNER OF SAID STILL MEADOWS ADDITION, SAME ALSO BEING ON THE NORTH LINE OF SAID T.E.S.CO TRACT, FROM WHICH A TESCO MONUMENT FOUND BEARS N 28030'53" E, 0.47 FEET; THENCE SOUTH 89043'40" WEST, WITH THE COMMON LINE BETWEEN SAID T.E.S.CO TRACT AND SAID TRACTS 1 AND 2 A DISTANCE OF 2220.75 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 29.527 ACRES (1,286,176.37 SQUARE FEET) OF LAND. SAVE AND EXCEPT: BEING A TRACT OF LAND IN THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 , CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO TEXAS ELECTRIC SERVICE COMPANY RECORDED UNDER INSTRUMENT No.D174003546, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), (HEREINAFTER REFERRED TO AS SUBJECT T.E.S.C.O TRACT), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 14 of 17 COMMENCING AT A FIVE-EIGHTHS INCH CAPPED IRON ROD STAMPED ""RPLS 5299" FOUND FOR THE SOUTHEAST CORNER OF LO7 1, BLOCK 7, OF SAID GARDEN MEADOWS, PHASE 1, AND ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 1 AND BEING IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN WARRANTY DEED TO TEXAS ELECTRIC SERVICE COMPANY, RECORDED IN VOLUME 3539, PAGE 348, D.P.R.T.C.T. (HEREINAFTER REFERRED TO AS ADJOINING T.E.S.C.O TRACT), SAME ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE N 89043'40" E, ALONG THE NORTH LINE OF SAID ADJOINING T.E.S.C.O. TRACT AND THE SOUTH LINE OF SAID TRACT 1 A DISTANCE OF 1,385.04 FEET TO THE POINT OF BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBJECT T.E.S.C.O TRACT AND THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE ALONG THE WEST LINE OF SAID SUBJECT T.E.S.C.O TRACT THE FOLLOWING COURSES AND DISTANCES: N 12035'19" E, A DISTANCE OF 188.01 FEET TO A 1/2 INCH IRON ROD FOUND; N 12018'35" E, A DISTANCE OF 406.78 FEET TO A POINT FROM WHICH A 5/8 INCH IRON ROD FOUND IN PVC BEARS S 40001'03" W , 1.90' FOR THE NORTHWEST CORNER OF SAID T.E.S.C.O TRACT AND BEING IN THE SOUTH LINE OF LOT 7, BLOCK 10, W.B. EDWARDS GARDEN ACRES ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER INSTRUMENT No. D170086629, O.P.R.T.C.T.; THENCE N 89038'00" E, ALONG SAID THE SOUTH LINE OF SAID LOT 7, BLOCK 10 AND THE NORTH LINE OF SAID SUBJECT T.E.S.C.O TRACT, PASSING AT A DISTANCE OF 30.90 FEET THE WEST LINE OF LOT 8, OF SAID BLOCK 10, AND CONTINUING IN ALL A TOTAL DISTANCE OF 51.25 FEET TO A 5/8 INCH IRON ROD FOUND IN PVC AT THE NORTHEAST CORNER OF' SAID SUBJECT T.E.S.C.O TRACT; THENCE ALONG THE EAST LINE OF SAID SUBJECT T.E.S.C.O TRACT THE FOLLOWING COURSES AND DISTANCES: S 12-18-35" W, A DISTANCE OF 418.15 FEET TO A 1/2 INCH IRON ROD FOUND; S 12035'19" W, A DISTANCE OF 176.71 FEET TO A 5/8 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAIE, SUBJECT T.E.S.C.O City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 15 of 17 TRACT AND BEING IN THE NORTH LINE OF AFOREMENTIONED ADJOINING T.E.S.C.O. TRACT; THENCE S 89043'40" W, ALONG THE COMMON LINE OF SAID T.E.S.C.O. TRACTS A DISTANCE OF 51.29 FEET TO THE POINT OF BEGINNING AND CONTAINING 29,741.13 SQUARE FEET TO 0.683 ACRES OF LAND. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 16 of 17 EXHIBIT B APPROVED BUDGET Section I Water ." 269; 71.00 Sewer $310,825.00 Subtotal $580,096.00 Section II Interior Streets $'707,08523 Storm Drains $1,450,707.50 Subtotal $2,157;792.73 Section III Street Lights $0.00 Sub-total $0.00 TOTAL $2,737,888.73 City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 17 of 17 Developer and Project Information Cover Sheet: Developer Company Name: DEER MEADOW 29,INC. Address,State,Zip Code: 3045 LACKLAND ROAD,FORT WORTH,TX 76116 Phone&Email: 817-731-7595 dallen@lacklandholdings.com Authorized Signatory, Title: Don Allen,Secretary Project Name and Brief Deer Meadow Phase 5 Description: Project Location: EAST OF INTERSTATE 35W,NORTH OF FM1187 Plat Case Number: FP-18-049 Plat Name: Deer Meadow Phase 5 Mapsco: TAR-119G, Council District: 6 City Project Number: 101530 119H CFA Number: 2018-082 DOE Number: City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 1 of 10 ESCROW AGREEMENT THIS ESCROW AGREEMENT(the"Agreement"),entered into as of this day of , 20_11 by and among DEER MEADOW 29, INC., ("Developer"), the City of Fort Worth, a Texas municipal corporation("Fort Worth") and VISTA BANK("Escrow Agent") is to witness the following: WHEREAS, Developer and Fort Worth have entered into a Community Facilities Agreement for DEER MEADOW PHASE 5 (CFA#2018-082, DOE# 101530 City Secretary No. ,) in the City of Fort Worth, Tarrant County, Texas (the"CFA"); and WHEREAS, the CFA provides that Developer shall submit to Fort Worth performance bonds, cash deposits or other financial security acceptable to Fort Worth (collectively, the "Financial Security") for the purpose of guaranteeing satisfactory compliance by Developer with all requirements,terms, and conditions of the CFA (the"CFA Obligations"); and WHEREAS, Developer and Fort Worth desire and agree that Developer be allowed to escrow and pledge cash deposits to Fort Worth, to be held by Escrow Agent, as an escrow agent, in complete satisfaction of the obligation to submit the Financial Security to secure the performance of the CFA Obligations. NOW THEREFORE, for and in consideration of these recitals, ten dollars ($10.00) and other good and valuable consideration,the receipt, sufficiency alid adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: SECTION 1. DEFINED TERMS. For the purposes of this Agreement, unless the context otherwise clearly requires, the following terms shall have the following meanings: "Security Funds"shall mean the cash deposit of One Hutidred Ninety-Two Thousand Five Hundred Seventy-Five Dollars and Fifty Cents ($ 192,5 i 5.50 ,which sum represents one hundred twenty-five percent(125%) of the estimated Developer's cost of constructing the CFA Obligations (the"Estimated Developer's Cost"). "Lien" shall mean any lien, security interest, charge, tax lien, pledge or encumbrance designed to secure the repayment of indebtedness or the satisfaction of any other obligation to a third party not a party of this Agreement. SECTION 2. SECURITY FUNDS. As financial security for the full and punctual performance of the CFA Obligations, Developer hereby pledges, assigns, and transfers to Fort Worth., and hereby grants to Fort Worth a security interest in the Security Funds and all rights and privileges pertaining thereto with the exception of the interest income to be derived therefrom (which interest income shall remain the City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 2 of 10 property of Developer and shall be distributed by Escrow Agent in accordance with Developer's periodic instructions) subject, however, to the terms, covenants, and conditions hereinafter set forth. The security interest granted and the assignments made hereunder are made as security only and shall not subject the City of Fort Worth or Escrow Agent to, or transfer or in any way affect or modify, any obligation of Developer with respect to the CFA Obligations or any transaction involving or giving rise therefrom. SECTION 3. PHYSICAL POSSESSION OF SECURITY FUNDS. Concurrently with the execution of this Agreement,Developer shall have delivered to and deposited with Escrow Agent the Security Funds. The parties acknowledge and agree that Escrow Agent shall be required to segregate the Security Funds from other funds held by Escrow Agent for Developer in accordance with the normal practices of Escrow Agent acting as an escrow agent. Escrow Agent shall return all funds on deposit representing or evidencing the Security Funds remaining in its possession to Developer (or take such other action as Developer may request or direct)immediately after receipt of written notice from Fort Worth that the CFA Obligations have been fully performed. During such time as Escrow Agent has possession of the Security Funds, Escrow Agent shall furnish to the City of Fort Worth (when requested by Fort Worth) written acknowledgments signed by an officer of Escrow Agent detailing the amount of the Security Funds. Fort Worth's rights in the Security Funds shall be superior to those of Escrow Agent's notwithstanding any terms or understandings (written or otherwise) between Developer and Escrow Agent. SECTION 4. COVENANTS. (a) Affirmative Covenants. So long as any of the CFA Obligations remain unperformed, Developer covenants and agrees that Developer will: (i) from time to time execute and deliver to Fort Worth all such assignments, certificates, supplemental writings, and other items and do all other acts or things as Fort Worth may reasonably request in order to evidence and perfect the security interest of Fort Worth in the Security Funds; (ii) furnish Fort Worth with information which Fort Worth may reasonably request concerning the Security Funds; (iii) notify Fort Worth of any claim, action, or proceeding affecting title to the Security Funds or Fort Worth's security interest(s) therein; and (iv) adjust the Security Funds to an amount equal to the actual contract price, including revisions thereto, if the original Security Funds were based on an engineer's estimate of costs. (b) Negative Covenants. So long as any of the CFA Obligations remain unperformed, Developer covenants and agrees that Developer will not: City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 3 of 10 (i) assign or transfer any rights of Developer in the Security Funds; or (ii) create any Lien in the Security Funds,or any part thereof,or permit the same to be or become subject to any Lien except the security interest herein created in favor of Fort Worth. SECTION 5. EVENTS OF DEFAULT. Developer shall be in default under this Agreement only upon the happening of any of the following events (a"Default"): (a) default in the timely payment for or performance of the CFA Obligations after written notice thereof has been given to Developer and Escrow Agent and such default is not cured within seven(7) days after such notice; (b) any affirmative or negative covenant is breached by Developer. SECTION 6. RIGHTS AND REMEDIES OF FORT WORTH UPON AND AFTER DEFAULT. (a) Remedy. Upon the occurrence of a Default, Fort Worth shall have the right to direct Escrow Agent to transfer to Fort Worth all of the 'Security Funds. Escrow Agent is hereby authorized to transfer the Security Funds immediately upon the receipt of a written statement purporting to be executed by an authorized representative of Fort Worth stating that: (i) a Default by Developer has occurred related to the CFA Obligations; (ii) written notice of such Default has been given by Fort Worth to Developer and Escrow Agent and such Default was not cured within seven (7) days after delivery of such notice; and (iii) Fort Worth is entitled to have the Security Funds transferred in accordance with the Agreement. (b) Notices.Any notice required or permitted to be given to any party hereto shall be given in writing, shall be personally delivered or mailed by prepaid certified or registered mail to such party at the address set forth below, and shall be effective when actually received. To Developer: DEER MEADOW 29, INC. Attention: Tim Fleet and Don Allen 3045 Lackland Road Fort Worth, TX 76116 City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 4 of 10 To: Escrow Agent: VISTA BANK Attention: Marcus Williams 1300 Summit Ave, Suite 100 Fort Worth, TX 76102 To: City of Fort Worth City Of Fort Worth Attn: City Treasurer 200 Texas Street Fort Worth, TX 76102 With a copy to: City of Fort Worth Attn: CFA Administration 200 Texas Street Fort Worth, TX 76102 Any party may change its address for notice by giving all other parties hereto notice to such change in the manner set forth in this Section no later than ten (10) days before the effective date of such new address. SECTION 7. EXCLUSIVE RIGHTS AND REMEDIES. If the Developer fails to perform its obligations under the CFA, Fort Worth's sole and exclusive remedy shall be to complete the obligations of Developer at Developer's expense. In furtherance of such sole and exclusive remedy, Fort Worth is entitled to exercise its rights as set forth in Section 6 hereof. SECTION 8. SUBSTITUTION OF COLLATERAL. Notwithstanding any contrary provision in this Agreement,Developer shall have the right, at any time and from time to time, to obtain releases of all or any part of the Security Funds (hereinafter called the"Released Collateral") upon satisfaction of the following conditions: (a)Developer shall provide Fort Worth and Escrow Agent written notice(the"Substitution Notice") that the Developer desires to obtain Released Collateral in exchange for a contemporaneous substitution of an alternate Financial Security acceptable to Fort Worth(as specified and described in the Substitution Notice); and (b) Developer shall pledge to, or obtain for the benefit of Fort Worth, and deliver to Fort Worth the alternate Financial Security acceptable to Fort Worth (the "Substituted City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 5 of 10 Collateral")which Substituted Collateral shall in the aggregate be at least equal to the Estimated Developer's Cost; and (c) Said Substituted Collateral shall be of sufficient amount(s)to cover all work which has occurred prior to the substitution of collateral provided for in this Section. Upon satisfaction of the above-specified conditions, Escrow Agent shall be authorized (without the further consent of Fort Worth) to return to Developer the original Security Funds in Escrow Agent's possession that represent or evidence the Released Collateral or take such other action with respect to the Released Collateral as Developer may request or direct. Developer shall pay the expenses incurred by Escrow Agent In connection with obtaining each such release and substitution. SECTION 9 PERIODIC WITHDRAWAL OF COLLATERAL. Notwithstanding any contrary provision in this Agreement, Developer shall have the right to periodic withdrawals of the Security Funds (hereinafter called the"Withdrawn Collateral"),upon satisfaction of the following conditions: (a) Developer shall provide the City of Fort Worth and Escrow Agent with written notice (the "Withdrawal Notice") that Developer desires to obtain the Withdrawn Collateral in any amount less than or equal to the then-completed CFA Obligations as inspected or accepted by Fort Worth; and (b) the balance of the Security Funds after withdrawal of the Withdrawn Collateral is at least equal to the estimated value of the CFA Obligations then remaining to be performed (such remaining value is hereinafter called the "Estimated Cost to Complete"). The Withdrawal Notice shall include a description of the Withdrawn Collateral and Developer's calculation of the Estimated Cost to Complete. Upon receipt of the Withdrawal Notice,Fort Worth shall have seven (7) calendar days to notify Developer of Fort.Worth's objection to Developer's calculation of the Estimated Cost to Complete by providing Developer with Fort Worth's calculation of the Estimated Cost to Complete. The grounds for any objection are limited solely to a good faith determination by Fort Worth that the balance of the Security Funds is insufficient to cover the Estimated Cost to Complete. If Fort Worth fails to timely notify Developer and Escrow Agent of any objection, then Developer's calculation shall be deemed to have been accepted and approved by the City of Fort Worth and Escrow Agent is authorized to release the Withdrawn Collateral requested by Developer without delay. In the event a written objection is timely filed by Fort Worth and Fort Worth's calculation is within a range of five percent (5%) of Developer's Estimated Cost to Complete, then Developer shall be allowed to withdraw the amount corresponding to Fort Worth's calculation of the Estimated Cost to Complete. If Fort Worth's calculation of the Estimated Cost to Complete is outside a range of five percent (5%) of Developer's Estimated Cost to Complete, then Fort Worth and Developer, through a designated representative, will reconcile the calculations and jointly approve an Estimated Cost to Complete and advise Escrow Agent to disburse the amount as jointly determined. City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 6 of 10 If after the expiration of two (2) years from the date of this Agreement either: (i) none of the CFA Obligations have been performed; or (ii) there has been partial performance but the term of the CFA has not been extended by Fort Worth; then in either event, the City of Fort Worth shall be entitled to receive the Security Funds as specified in Section 6 and construct the improvements contemplated in the CFA. SECTION 10. NON-ACCESSIBILITY OF FORT WORTH'S RIGHTS. The rights,powers,and interests held by Fort Worth hereunder in and to the Security Funds may not be transferred or assigned by Fort Worth in whole or in part. Any attempted transfer or assignment shall be absolutely void and shall entitle Developer to a release of all Security Funds. SECTION 11. NO WAIVER. No waiver by Fort Worth of any Default shall be deemed to be a waiver of any other subsequent Default. No delay or omission by Fort Worth in exercising any right or power hereunder shall impair any such right or power or be construed as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude other or further exercise thereof. SECTION 12. BINDING EFFECT. This Agreement shall be binding on the parties, their successors and assigns. No provision of this Agreement may be amended, waived, or modified except pursuant to a written instrument executed by Fort Worth, Escrow Agent and Developer. SECTION 13. CHOICE OF LAW. This Agreement is to be construed and interpreted in accordance with the laws of the State of Texas. SECTION 14. COUNTERPARTS. This Agreement may be executed in any number of multiple counterparts and by different parties on separate counterparts,all of which when taken together shall constitute one and the same agreement. SECTION 15. INDEMNITY. Developer hereby agrees to release,hold harmless,and indemnify Escrow Agent(and its directors, officers, employees, agents and representatives) from and against all claims, damages, expenses,costs, suits and other liability of any kind whatsoever that arise out of or City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date: 07.01.2015 Revised 09.07.2017 JLE Page 7of10 are directly or indirectly related to the performance by Escrow Agent of its duties hereunder except for the gross negligence or willful misconduct of Escrow Agent or its directors, officers, employees, agents or representatives and Developer hereby agrees to release, hold harmless,and indemnify Fort Worth(and its respective directors,officers,employees,agents and representatives) from and against all claims, damages, expenses, costs, suits and other liability of any kind whatsoever that arise out of or are directly or indirectly related to any actions or inaction by Fort Worth with respect to this Agreement. SECTION 16. PAYMENT OF ESCROW FEES Developer will be responsible for the payment of all fees to Escrow Agent associated with this Agreement. REMAINDER OF THIS PAGE INTENTIONALLY BLANK City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date:07.01.2015 Revised 09.07.2017 ME Page 8 of 10 ACCORDINGLY,the City of Fort Worth,Developer and Escrow Agent 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 Manager or his/her designee. CITY OF FORT WORTH DEVELOPER DEER MEADOW 29,INC. S�-7Glr Jesus J.Chapa(Apr 19,2019) Jesus J. Chapa Don alien(Apr 10,201 Assistant City Manager Name: Don Allen Title: Secretary Date: Date: Apr 10,2019 Approved at to Form &Legality: ESCROW AGENT &,LZVW,4 &CA6I k941 VISTA BANK Richard A.McCracken(Apr 19,2019) Richard A. McCracken Sr. AssistanQty Attorney Ma✓cus Williams M p_C No. Marcus Williams(Apr 17,2019) Date: rV Name: Marcus Williams Title: Vice President r ATTEST: 0 r �7, Date: Apr 17,2019 �-A Maa-7 Contract Compliance Manager K4 sy OJ' ,t pp Ma J�Ka r(Apr 22 20191 '� Y g Mary J. Kayser By signing I acknowledge that I am the City Secretary person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Je Scarlett Morales(Apr 18,2019) v Janie S. Morales Development Manager OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Escrow Pledge Agreement FT. WORTH,TX CFA Official Release Date:07.01.2015 Revised 0 7.2017 JLE Page 9 of 10 ATTACHMENT "1" Changes to Standard Agreement Escrow Pledge Agreement None City of Fort Worth,Texas Escrow Pledge Agreement CFA Official Release Date: 07.01.2015 Revised 09.07.2017 JLE Page 9 of 10 M1_11 IA1P-UID IROrosA L • l¢te 1 uf3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Pmjm Item information Biddees Proposal Bidlist Item Spcci =ion Unit o! No. D.xriotian Sccnon No. Mcasurc Bid Qwmia Unit Priee Rid-Vni�.c UNIT 1:WATER IMPROVEMENTS 1 13311.0261 8"PVC Water Pipe 3311 12 LF 4.679 $19.00 $88.901.00 2 3312-0001 Fire Hydrant Assembly w/Gate Valve 33 12 40 EA 5 $3,600.00 $18,000.00 3 3312.3003 8"Gate Valve 8 Box 33 12 20 EA 8 $1.250.00 S10,000.00 4 3312.2003 1"Water Service 331210 EA 149 $805.00 S119.945.00 5 3312.0117 Connection to Existing 8"Water Main 33 12 25 EA 4 $800.00 $3,200.00 6 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 1.4 $7.200.00 $9.720.00 7 3305.0109 Trench Safety 330510 LF 4.679 $1.00 $4.679.00 8 2605.3031 4"CONDT PVC SCH 40 T 26 05 33 LF 149 $13.00 $1,937.00 9 9999.0001 1"Irrigation Service 00 00 00 EA 2 S805.00 $1,610.00 10 9999.0013 1 1/2"Irrigation Service 00 00 00 EA 4 $1.650.00 $6.600.D0 11 9999.0014Pressure/Sterilization Test 000000 LF 4679 S1.00 S4679.D0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 _ 37 TOTAL UNIT I:WATER IMPROVEMENTS S269.271.00 11 CITY OF FORT W OQSt STANDARD CONSTRUCnON SPECIFICATION DOMAENTS-DEVUDPEK AWARDM MQMCTS hum V.Aim&SqunA.L2a15 00 424�_FHI_Bid Rap sdD DAP N.iyAM1yQTo1,L m4'_4a DAp.soT rnuL SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Pmjeet Item Inrormafon Bidder's Pmpma BidN Iran D=riptian Specification Unit of Bid Qmnti y Unit Prim Bid Value No. Seetioo No. Measure UNIT 11:SANITARY SEWER IMPROVEMENTS 1 3331.4115 8"Sewer Main 333120 LF 4,742 $23.50 $111 437.00 2 3339,1001 4'Manhole 333910 EA 19 $3 600.00 $68 400.00 3 3339.1003 Extra Depth Depth Manhole(>6.0') 333910 VF 32 $200.00 $6 400.00 4 3331.3101 4"Sewer Service 333150 EA 149 $560.0D $83 440.00 5 3301.0002 Post-CCTV Inspection 33 01 31 LF 4,742 S2.00 $9 484.00 6 3301.0101 Manhole Vacuum Testing 33 01 30 EA 19 5200.00 $3 800.00 7 3305.0109 Trench Safety 330510 LF 4.742 $2.00 $9,484.00 8 3305.0202 Cement Stabilized Backfill 330510 LF 80 $105.00 $8 400.00 9 10330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 3.2 $275.00 $880.00 10 3331.3313 8"Sewer Service,Reconnection 33 31 50 EA 2 $800.0D $1 600.00 11 3305.0106 Manhole Adjustment,Major 330514 EA 1 $2.900.00 $2 900.00 12 3305.0113 Trench Water Stops 330515 EA 2 $300,OD $600.00 13 9999.0012 Connect to Existing Manhole 00 00 00 EA 2 $2 000.00 SA 000.00 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 TOTAL UNIT I: ANITARY SEWER IMPROVEMENTZ11 $310,825.00 MY of Foal WORM STANWRDCONMUCrM SPECIFICATION uoClmmrrs.DEVELOPU A%"DW PRoIEC" Fos Ve+oSgYs6n 1,30tT EOdIU ftC aid Pwpw+l0 DAP_t4n�iUalerQl0.J+ 004I P.1 DAP-BID PROPOSAL PSSeJ rs SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Pmposll Bidlist Ilom Spcsifiealion Unit of No. Daeripdon Section No. Mearurc Bid Quantity Unit Prig Bid Value UNIT III:DRAINAGE IMPROVEMENTS 1 3341.010318"RCP,Class 111 33 41 10 LF 103 $70.00 $7 210.00 2 3341.0201 21"RCP,Class 111 33 41 10 LF 259 $57.00 $14 763.00 3 3341.0205 24"RCP,Class 111 334110 LF 39 $67.00 $2613.00 4 3341.0208 27"RCP,Class 111 33 41 10 LF 66 $71.00 $4 828.00 5 3341.0302 30"RCP,Class III 3341 10 LF 367 $82.00 $30 094.00 6 3341.0305 33"RCP,Class 111 33 41 10 LF 47 $98.00 $4 606.00 7 3341.0309 36"RCP,Class III 33 41 10 LF 1779 $110.00 $195,690.00 6 3341.0402 42"RCP,Class III 33 41 10 LF 661 $145.00 $95,845.00 9 3341.0409 49'RCP.Class III 3341 10 LF 1425 $171.00 S243 675.00 10 3341.0502 54"RCP,Class III 33 41 10 LF 563 $223.00 $125 549.00 11 3341.0601 60"RCP,Class III 3341 10 LF 302 $265.00 $80,030.00 12 3349.5001 10'Curb Inlet 33 49 20 EA 18 S4,300.00 $77 400.00 13 3349.5002 15'Ctrb Inlet 33 49 20 EA 4 $8 200.00 $32 800.00 14 3349.5003 20'Ctrb Inlet 33 49 20 EA 2 $13 000.00 $26.000.00 15 3349.0001 4'Storm Junction Box 334910 EA' 4 S5.500.00 $22 000.00 16 3349.0002 5'Storm Juction Box 334910 FA 8 $7.000.00 $56 OD0.00 17 3349.0003 V Storm Junction Box 33 49 10 EA 3 $11 000.00 S33 DO0.00 18 3349.7001 4'Drop Inlet 33 49 20 EA 3 S5.600.00 $16 800.00 19 3349.7002 5'Drop Inlet 33 49 20 EA 2 $7.300.00 S14 6W,00 20 3305.0109 Trench Safety 330510 LF 5613 $2.00 $11 226.00 21 0241.3015 Remove 24"Storm Line 02 41 14 LF 18 $13.00 $234.00 22 0241.0317 Remove 33"Storm Line 0241 14 LF 12 $19.00 $228.00 23 0241.4201 Remove 4'Drop Inlet 0241 14 EA 1 $450.00 S450,00 24 3137.0102 Large Stone Riprap,dry 31 37 00 SY 531 $37.00 S19,647,00 25 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 23 S10.00 S230.00 26 9999.0002 Oulfall Weir Structure (125'X21') 00 00 00 SF 2625 $8.50 $22 312.50 27 9999.0003 Concrete Lined Channel 00 00 00 SY 262 $76.00 $19 912.00 28 9999.000418"Sloping Headwall 00 00 00 EA 1 $2.000.00 $2 000.00 30 9999.0005 27"Sloping Headwall 00 00 00 EA 1 $3.900.00 $3 900.00 31 9999.0006 36"Sloping Headwall 00 00 00 EA 1 $7.425.00 $7 425.00 32 9999.0007 48"Slop!Slop!29 Headwall 00 00 00 EA 1 $9.900.00 $9 900.00 33 990.0008 54"Sloping Headwall 00 00 00 EA 1 $11 700.00 S11 700.00 34 9999.0009 W'Stoping Headwall 00 00 00 EA 1 $14,400.00 $14 400.00 35 9999.0010 Concrete Flune with Curb 00 00 00 SY 2945 $82.00 $241490.()0 36 9999.0011 12'Steel Plate 00 00 00 EA 1 $2.150.00 $2150.00 37 38 39 40 41 42 43 TOTAL UNIT III:DRAINAGE IMPROVEMEN $1,450,707.50 CITY OF FORT WORTH STANDARDCONSIRl1MO!'I 1PECIRCATION DOCAN MR-DEVpAPE R AWARDED PROJECTS Feu V..6., _e, 1.20I3 OOQLI flC t4i PnpoaJD OAP PniyRlANp'QIOsh ea4243 OAP-IRDPROPWAI. P*,4d$ SECTION 00 42 43 OeveIWr Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Pmject Item larotmadoe Bidders Pmpmw BidliA It Speci6cauon Unit of No. Dncnpoon Scction No. kk me Bid QuaeUh We Ptiee Bid Value Pmjea llem lormmation Bidders Pmpmal Bi list ltc Specification Unit of No. �o Secdon No. Mcisurc Bid QuaR6ry Unit PH. Bid Value UNIT N:PAVING IMPROVEMENTS 1 32110101 6"Conc Pvmt 321313 SY 16,741 $30.40 $508 928.40 2 3211.0501 6"Lima Treatment 32 11 29 SY 18,41 S3.30 $60 769.83 3 3211.0400 Hydrated Lime 321129 TON 368 $178.00 $65 060 4 LF � 1. S14 5 3213.0302 4"Cone Sidewalk 321320 SF 4.961 $5.00 $24.805.00 6 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 11 $1 750.00 $19 260.00 7 3213.0504 Barrier Free Ramp.Type M-2 32 13 20 EA 2 $1,200.00 $2 400.00 8 3213.0506 Barrier Free Ramp.Type P-1 32 13 20 EA 1 $1 360.00 $1 360.00 9 3441,4003 Furnish/Install Alum SignGround Mount City Std 34 41 30 EA 6 S"0.001 $2 640.00 10 3471.0001 Traffic Control 3471 13 MO 1 $1,700.001 $1.700.00 11 9999.0012 Install FOR Barricade 00 00 00 EA 1 $900.00 $900.00 12 9999.0013 Remove EOR Barricade 00 00 00 EA 4 $150.00 $600.00 13 9999.0014 6"Steel Bogard wl Concrete Cap 00 00 00 EA 3 S400.00 $1.200.00 14 9999.0015 Connect to Existing Asphalt Pavement 00 00 00 EA 5 $1.000.00 $5 000.00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL UNIT IV_PAVING IMPROVEMENT $707,085.23 CITY or FORT WORTH STANDARD CONSTRUC110.V aPHgRCATION OOQRAENTS-OEVF2API RAwARDOD M0JWT7 I-Vmias.prvI r.mts 10424II PFC&dnepm.p WP P^",AUati7.QTO.d. W424T VAP•Bm PROPOSAL Pace S nr5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Pmjoet Item Information Bidders Proposal Bidlist Item Spceification Unitof No. Description Section No. Measure Bid QuonGty Unit Price Bid Valuc UNIT V:OFFSITE PAVING IMPROVEMENTS Nicole Wa 1 3213.0101 6"Conc Pvmt 321313 SY 996 $30.40 $30 278.40 2 3211.0501 6"Lime Treatment 321129 SY 1096 $3.30 $3 616.80 3 3211.0400 Hydrated L n e 321129 TON 22 $178.00 $3 916.00 4 3216.0101 6"Cone Curb and Gutter 321613 LF 618 $1.20 $741.60 5 3213.0302 4"Conc Sidewalk 3213 20 SF 2944 $5.00 $14 720.00 6 9999.0013 Remove FOR Barricade 00 00 00 FA 2 $150.00 $300.00 7 9999.0015 Connect to ExistkA As haft Pavement 00 00 00 EA 2 $1,000.00 $2 000.00 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TOTAL UNIT V:OFFSITE PAVING IMPROVEMENT $55 572.80 Bid Summary UNIT I:WATER IMPROVEMENTS 1 $269,271.00 UNIT II:SANITARY SEWER IMPROVEMENTS 1 $310,826.00 UNIT III:DRAINAGE IMPROVEMENTS $1 450,707.50 UNIT IV:PAVING IMPROVEMENTS $707.085.23 UNIT V:OFFSITE PAVING IMPROVEMENTS $55.572.50 Total Construction Bid $2,793.461.53 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 270 calendar days after the date when the CONTRACT commences to ran as Provided in the Central Cand10ons, Company: Jackson Construction,LTD. Sipotl. TYIm Troy L Jac END OF SECTION CITY of FORT woRTN STANDARDC0t6TR11C11ON SPECIFICATION DOCIRAENIS-DEVEIDM AWARDW PROJECTS F—Vaaicn Sap.—ba 1,2015 to42 VAC Bd hW—JO DAP P—,&tMf)QTOA. m 4243 DAP-BID PROPOSAL PWIofi SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlisl Item Specification Unit of Bid No. DescriptionSection No. Mieacure Quantity Unit PriceBid Value UNIT VI:STREET LIGHT IMPROVEMENTS 1 3441.3301 Rdwy Ilium Foundation TY 1 2 and 4 31 41 20 EA 27 $1 220.00 $32 940.00 2 3441.3001 Rdwy Ilium Assmbly TY 1 4 and 6 31 41 20 EA 27 $2 012.00 $54,324.00 3 2605.3015 2"CONDT PVC SCH 80 26 05 33 LF 940 $8.85 $8,319.00 4 9999.0016#10 Copper Cable 00 00 00 LF 940 $3.09 E2 904.60 5 6 7 8 9 10 11 12 TOTAL UNIT VI:STREET LIGH V T $98,487.60 Bid Summary UNIT VI:STREET LIGHT IMPROVEMENTS $98 487.60 Total Construction Bid $98,487.60 Contractor apses to complete WORK for FINAL ACCEPTANCE within 30 calendar days after the date when the CONTRACT commences to ran as provided in the General Conditions END OF SECTION Richard Wolfe President Independent Utility Construction, Inc. 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