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Home My WebLink AboutContract 51627 Received Date: 12/10/2018 Received Time: 12:43 p.m. Developer and Project Information Cover Sheet: Developer Company Name: 800 McPherson Partners,LLC Address, State,Zip Code: 600 Summit Ave,Fort Worth,TX,76102 Phone&Email: 817-377-2900, Authorized Signatory, Title: Robert H. Barham ,President Project Name: Brook Meadow Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: 800 McPherson Blvd.Fort Worth TX, 76140 Plat Case Number: None Plat Name: None Mapsco: None Council District: CFA Number: 2018-052 City Project Number: 101556 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH,TX Standard Community Facilities Agreement-Brook Meadow C11A Official Release Date:02.20.2017 Pa e1of11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51627 WHEREAS, 800 McPherson Partners, LLC , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Brook Meadow ("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 I1, 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-Brook Meadow �F��CRA�RECORD CFA Official Release Date:02.20.2017 Page 2 of 11 CITY SECRETARY FT,WORTH,TX 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) N, . Sewer(A-1)Q, Paving(B) 0, Storm Drain (13-1) 14- 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-Brook Meadow 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-Brook Meadow 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 negligence 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-Brook Meadow 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 has 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-Brook Meadow 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 (I-9). Upon request by City, Developer shall provide City with copies of all I-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. Ci y of Fort Worth,Texas Standard Community Facilities Agreement-Brook Meadow A Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Brook Meadow CFA No.: 2018-052 City Project No.: 101556 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 $ 173,394.25 2.Sewer Construction $ 163,478.50 Water and Sewer Construction Total $ 336,872.75 B. TPW Construction 1.Street $ 329,034.75 2.Storm Drain $ 105,716.05 3.Street Lights Installed by Developer $ 65,010.00 4. Signals $ - TPW Construction Cost Total $ 499,760.80 Total Construction Cost(excluding the fees): $ 836,633.55 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 6,737.46 D. Water/Sewer Material Testing Fee(2%) $ 6,737.46 Sub-Total for Water Construction Fees $ 13,474.92 E. TPW Inspection Fee(4%) $ 17,390.03 F. TPW Material Testing(2%) $ 8,695.02 G. Street Light Inspsection Cost $ 2,600.40 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 28,685.45 Total Construction Fees: $ 42,160.37 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 836 633.55 Completion Agreement= 100%/Holds Plat $ 836 633.55 x Cash Escrow Water/Sanitary Sewer-125% $ 421,090.94 Cash Escrow Paving/Storm Drain=125% $ 624,701.00 Letter of Credit=125%w/2yr expiration period $ 1,045,791.94 City of Fort Worth, Texas Standard Community Facilities Agreement-Brook Meadow CFA Official Release Date: 02.20.2017 Page 8of11 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 800 McPherson Partners,LLC Jesus J.Chapa(Dec 7,2018) Jesus J. Chapa Assistant City Manager Robert H.Barham(Dec 6,2018) Date: Dec 7,2018 Name: Robert H. Barham Recommended by: Title: President Y lux Date: Dec 6,2018 Evelyn Robe (Dec 7,2018) Evelyn Roberts/Jennifer Ezernack 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 &4apd,4 A(chal/ke& requirements. Richard A.McCracken(Dec 7,2018) Richard A. McCracken _ 3�-- Assistant City Attorney Jennifer Ezernack on behalfof(Dec 7,2018) M&C No. N/A Name: Janie Morales Date: Title: Development Manager Form 1295: N/A ATTEST: Awry J.Kayser(Dec 30,2018) Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas Standard Community Facilities Agreement-Brook Meadow Cflk Official Release Date:02.20.2017 Pa e9of11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -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 f� Exhibit 13-1: Storm Drain Improvements Storm Drain Cost Estimate oExhibit 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-Brook Meadow CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101556 None. Cit f ofFort Worth,Texas Sta nidard Community Facilities Agreement-Brook Meadow CF k Official Release Date:02.20.2017 pate 11 of 11 00 42 43 DAP-BID PROPOSAL Peg.I of 3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Unit of Bid No Description Specification Section No. Measure Quantity Unit Price Bid Value UNIT I:WATER IMPROVEMENTS 1 3305.0109 Trench Safety 33 05 10 LF 1997 $0.25 $499.25 2 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TN 0.8 $4,500.00 $3,600.00 3 3311.0261 8"PVC Water Pipe 33 11 10,33 11 12 LF 1997 $35.00 $69,895.00 4 3312.0001 Fire Hydrant 33 12 40 EA 5 $4,200.00 $21,000.00 5 3312.0106 Connection to Existing 16"Water Main 33 12 25 EA 2 $4,000.00 $8,000.00 6 3312.2003 1"Water Service 33 12 10 EA fi0 $950.00 $57,000.00 7 3312.3003 8"Gate Valve 33 12 20 EA 5 $1,250.00 $6,250.00 8 3312.4112 16"x8"Tapping Sleeve 8r Valve 33 12 25 EA 2 $2,500.00 $5,000.00 9 9999.1001 1"Irrigation Service 33 12 10 EA 1 $950.00 $950.00 10 9999.1003 4"Sch.80 Irrigaiton Sleeve 33 11 10,33 11 12 LF 60 $20.00 $1,200.00 TOTAL UNIT I:WATER IMPROVEMENTS $173,394.25 UNIT It:SANITARY SEWER IMPROVEMENTS 1 3301.0002 Post-CCN Inspection 3301 31 LF 1901 $2.00 $3,802.00 2 3301.0101 Manhole Vacuum Testing 3301 30 EA 9 $150.001 $1,350.00 3 3305.0109 Trench Safety 33 05 10 LF 1901 $1.001 $1,901.00 4 3305.0113 Trench Water Stops 33 05 15 EA 3 $250.00 $750.00 5 3305.1002 16"Casing By Open Cut 33 05 22 LF 30 $120.00 $3,600.00 6 3305.3002 8"Sewer Carrier Pipe 33 05 24 LF 30 $60.00 $1,800.00 7 3331.3101 4"Sewer Service 3331 50 EA 60 $650.00 $39,000.00 8 13331.4115 8"Sewer Pipe 33 11 10,33 31 12,33 31 20 LF 1802 $40.00 $72,080.00 9 3331.4116 8"Sewer Pipe,CSS Backfill 33 11 10,33 31 12,33 31 20 LF 69 $50.00 $3,450.00 10 3339.1001 4'Manhole 33 39 10,33 39 20 EA 9 $3,400.00 $30,600.00 11 3339.1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 14.3 $185.00 $2,645.50 12 9999.2001 Connect to Existing Manhole by Coring 33 39 10,33 39 20 EA 1 $2,500.00 $2,500.00 TOTAL UNIT It:SANITARY SEWER IMPROVEMENTS $163,478.50 -L-AX119kV, Danny McFadden CITY OF FORT WORTH Brook Mello' STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS City Project No.101556 Form Verson February 16,2018 00 42 43 Bid Proposal DAP.xIs 00 42 43 DAP-BID PROPOSAL Page 2 of 3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Unit of Bid No. Description Specification Section No. MeasureQuantityUnit Price Bid Value UNIT III:DRAINAGE IMPROVEMENTS 1 3125.0101 SWPPP 2 1 Acres 31 2500 LS 1 $16,600.00 $16,600.00 2 3137.0104 Medium Stone Riprap,dry 31 3700 SY 59 $95.00 $5,605.00 3 3341.0205 24"RCP,Class III 3341 10 LF 58 $65.00 $3,770.00 4 3341.0302 30"RCP,Class 111 3341 10 LF 23 $75.00 $1,725.00 5 3341.0309 36"RCP,Class III 3341 10 LF 234.03 $95.00 $22,232.85 6 13341.0409 48"RCP,Class III 3341 10 LF 108.16 $145.00 $15,683.20 7 13349.0001 4'Storrs Junction Box 33 49 10 EA 2 $4,500.00 $9,000.00 8 13349.0002 5'Storm Junction Box 33 49 10 EA 1 $5,500.00 $5,500.00 9 3349.0003 6'Storm Junction Box 33 49 10 EA 1 $6,500.00 $6,500.00 10 3349.3011 48"Straight Headwall,1 pipe 33 49 40 EA 1 $5,500.00 $5,500.00 11 3349.5001 10'Curb Inlet 33 49 20 EA 4 $3,400.00 $13,600.00 TOTAL UNIT 111:DRAINAGE IMPROVEMENTS $105,716.05 UNIT IV:PAVING IMPROVEMENTS 1 3201.0122 5'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 48 $30.001 $1,440.00 2 3211.0212 6"Flexible Base,Type B,GR-2 3211 23 SY 633 $22.00 $13,926.00 3 3211,0400 Hydrated Lime 3211 29 TN 127 $185.00 $23,495.00 4 3211.0501 6"Lime Treatment _ 32 11 29 SY 7019 $3.25 $22,811.75 5 3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 605 $14.00 $8,470.00 6 3213.0101 6"Conc Pvmt 32 13 13 SY 6587 $38.00 $250,306.00 7 3213.0301 4"Conc Sidewalk 32 13 20 SF 1288 $3.25 $4,186.00 8 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 2 $1,200.00 $2,400.00 9 3213.0504 Barrier Free Ramp,Type M-2 32 13 20 EA 1 $1,300.00 $1,300.00 10 9999.4001 3/8"Steel Plate Flume Crossing SF 35 $20.00 $700.00 TOTAL UNIT IV:PAVING IMPROVEMENTS $329,034.75 UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.2101 Conduit Box 26 05 33 EA 9 $500.00 $4,500.00 2 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 544 $12.00 $6,528.00 3 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 1632 $1.00 $1,632.00 4 3441.1638 Install Type 33 B Arm 34 41 20 EA 9 $400.00 $3,600.00 5 3441.3201 LED Lighting Fixture 344126-- EA 9 $600.00 $5,400.00 6 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 3441 20 EA 9 $1,200.00 $10,800.00 7 3441.3341 Rdwy Illum TY 11 Pole _ 3441 20 EA 9 $2,400.00 $21,600.00 8 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA 7 $750.00 $5,250.00 9 3441.4004 Fumish/Install Alum Sign Ex Pole Mount 3441 30 EA 2 $350.00 $700.00 10 3471.0001 Traffic Control 3471 13 MO 1 $2,500.00 $2,500.00 11 9999.5001 Street Name Sign Blades 3441 30 EA 10 $250.00 $2,500.00 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $65,010.00 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS TOTAL UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS I i Danny McFadden CITY IDF FORT WORTHBrook Meadow STAIDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS City Project No.101556 Foram eteiaa Felxuoy 16,2018 0042 43 Bid Propoad_DAP.xIs 004341 DAP-DIDPROPOSAL Pep 3 era SECTION 00 42 43 DeveloW Awarded ProJecle-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Unit of Hid Description Specification Section No. Measure Quantity Unit Price Hid Value Did Summary UNIT I:WATER IMPROVEMENTS 5173,394.26 UNIT It SANITARY SEWER IMPROVEMENTS $$163,478.60 UNIT III:DRAINAGE IMPROVEMENTS $106,716.05 UNIT IV:PAVING IMPROVEMENTS $329,034.75 UNIT V.STREET LIGHTING IMPROVEMENTS $86,010.00 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Contraction Did f836,633.551 This Bid is submitted by the entity named below: BIDDER: BY:Brock H gins CONATSER CONSTRUCTION TX,L.P. 5327 Wichita Street Fort Worth,TX 761I9 TITLFA President DATE- Contractor agrees to complete(YORK for FINAL ACCEPTANCE j 120 ealendar days after the dale when the CONTRACT commences to run as prodded in the General END OF SECTION i Danny McFadden CITY OF FORT WORTH D,-k Msedow STANOARD CONSTRUC TION WE': IF ICATION DOCUMENT3•DEVELOPER AWARDED PROJECTS City h*ct Na IGISM F.-Venin F,bnq 16,2018 0114343pMPFgga1J2APads E ER AN 5,672 SITE L) 35W L) 0 RoWLEY < lop 6,974 WEEK L) GR& x 04 LT L) rn O 04 04 VICINITY MAP NOT-TO-SCALE E co U) C)'.'-, U-) -0 ,;i 0 (a J013 NO. 61157-01 VICINITY MAP EXHIBIT PAPE-DAWSON -0 1 DATE APRIL 2018 a) ENGINEERS cl- DESIGNER PID 0 BROOK MEADOW ri Q 96 CHECKED ID DRAW PD ORT WORTE I SAN ANTONIO I AUSTIN I HOUSTON I DALLAS 1 OF FORT WORTHTEXAS jL 15111 WEST FWY,STE 7130 1 FORT WORTH,TX 761161 817.870.3668 4; SHEET , TEXAS BOARD OF PROFESSIONAL ENGINEERS FIRM REGISTRATION 170 D LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL NO COMMEN TS MN 8/21/18 LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS et ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 BATFSfi FHtO D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT 1 26 1 2 3 25 ¢ 2 3 SCALE: 1'= 150' I � 24 � 003 0 150 , W �_ o ——.--f w (L 29 a 4 0 O ir CL 5 22 a 5 V 6 21 I 6 77 7 20 j 7 I I� 8 i 19 z 8 LOT 1, BLOCK 1 z t U CALLED 3.0 ACRES CALVARY ADDITION I 3 9 18 g g MARTIN MORA et ux VOLUME 388-151, PAGE 11 INSTRUMENT NUMBER O a OPRTCT I w I 10 I 10 D2OPRTCT 0 I 10 1� 11 l a " 16 I 11 12 15 12 13 PROPO D 8' WA ' Gti I� 14 PEACEFUL BROOK DR 14 g — — _ 15 CID I 16 17 18 1 mouj oo I 16 o a AL ED 6.908 ACRES o<,ri v I ED F. MORRIS et ux cv m z wi r) /BLOCK 3 LOT 15X IN UMENT NUMBER m o AUTUMN BR DR w ��aO o D2 0 81 411 8 9 1 r Y"' IC OPRTCT o ww \ _ w o� > CALLED 6.641 ACRE o ¢ TRACT 2'\ E SCOTT GRANT BLOXOM et ux INSTRUMENT NUMBER LEGEND N D \ D203203819 \ � OPRTCT o u PROPOSED WATER LINE N 3 U -0 PROPOSED GATE VALVE a. o PROPOSED FIRE HYDRANT 1 ua C 66 4 E Do E N im ND. 61157-01 EXHIBIT A - WATER EFORTWORTH APE-DAWSON ap DATE APRIL 2018 NGINEERS o, DESIGNER PD BROOK MEADOW ¢ CHECKED PD DRAWN PD AN ANTONIO I AUSTIN I HOUSTON I DALLAS U STE 700 1 FiRT WORTH,TX 76116 1 817.870.3668 �; ,Eu 2OF 7 FORT WORTH, TEXAS ROFESSIONAL ENGINEERS,FIRM REGISTRATION 0I70 o LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL No Comments MH 5/29/18 LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS et ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 BAP FEttO D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT T-71 t 2 Q 25 Q 2 3 3 SCALE: 1'= 150' I 3 24 1 001 3 0 150 I, v Ldo a- 4 23 d 4 0 o CL 5 22 (L 5 v 6 21 1 6 (I I 7 20 1 7 8 8 19 Z 8 LOT 1, BLOCK 1 1 U CALLED 3.0 ACRES CALVARY ADDITION 9 9 18 g 9 MARTIN MORA at ux w VOLUME 388-151, PAGE 11 O a INSTRUMENT NUMBER OPRTCT Q w D208380100 10 17 Q1 � I 10 OPRTCT o r, 12 a 11 16 1 e12 15 12 # 13 14 13 PROPOSED 8' WA 14 PEACEFUL BROOK DR 14 I - v 15 ri 16 17 18 } M 00 I 1 3 16 L) x o a ` CALLED 6.908 ACRES v 0 EDDY F. MORRIS et ux r DO "� /LOCK 3 LOT 15X INSTRUMENT NUMBER 00 o AUTUMN BR DR D206141189 w o Y w OPRTCT \cp CALLED 6.641 ACRE 'TRACT 2'-,,, o SCOTT GRANT BLOXOM at ux o Ln \ INSTRUMENTD20320381NUMBER \ LEGEND OPRTCT � PROPOSED WATER LINE .. ' PROPOSE13 GATE VALVE 04 4 EPROP05ED FIRE HYDRANT �— c s N JOB kn. 61157-01 EXHIBIT A - WATER PAPE—DAWSON DATE APRIL 2018 ENGINEERS ` CL DESIGNER PIDBROOK MEADOW rmi Q CHECKED PD DRAWN PD FORT WORTH I SAN ANTONIO 1 AUSTIN I HOUSTON 1 DALLAS 2 OF 7 FORT WORTH TEXAS 6500 WEST FWY,STE 700 1 FORT WORTH,TX 761161 817.870.3688 N SHEET ! TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRN REGISTRATION#470 � LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL NO COMMENTS MH 8/27/18 LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS et ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 BAT FEttO D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT 26 2 25 SCALE: 1"= 150' 0 150 3 I J I 3 24 I� O r 4 23 ' 0 I w � 5 :::::2:21 :::5:1 w w Z FL z Q 1 6 21 I 6 r I I 7 20 7 1 I 7 1 1 Ic! 8 I 19 8 i m LOT 1, BLOCK 1 co t CALVARY ADDITION I o 9 18 o CALLED 3.0 ACRES 9 MARTIN MORA et ux VOLUME 38 PAGE 11 9 w 0 W O INSTRUMENT NUMBER OPRRTCTTCT p(L 10 17 (L D208380100 10 a I w I 10 OPRTCT 1� 11 I 11 16 I 11 12 12 15 12 NJ I 13 �• I� � HOOK DR 14 d�l I-- _ PROPOSED 8' SS Ik t vo 15 ru �p 18 1 „)FQ I O� 3 16 47 o a OQ AL 1 6.908 ACRES SZ3 0 a Iri v Q� ED F. MORRIS et ux rt m Z'� /BLOCK 3 LOT 15X AUTUMN BROO R IN UMENT NUMBER m o D206141189 Y" OPRTCT 3 rn � CALLED 6.641 ACRE sa o 'TRACT 2-� E SCOTT GRANT BLOXOM it ux E INSTRUMENT NUMBER \ D203203819 \ o OPRTCT LEGEND 4 PROPOSED SANITARY SEWER LINE WITH FLOW ARROW CL E PROPOSED SANITARY MANHOLE CID 06 E 0 E N im No. 61157-01 EXHIBIT Al - SEWER PAPE-DAWSON ap C) 0DATE APRIL 2018 ENGINEERS cn DESIGNER PD BROOK MEADOW a CHECKED PD DRAWN PO FORT WORTH 1 SAN ANTONIO I AUSTIN I HOUSTON I DALLAS 6500 WEST FWY,STE 700 1 FORT WORTH,TX 76116 1 817.870.3668 v SHEET 3 OF 7 FORT WORTH, TEXAS TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION#470 D LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL No Comments MH 5/29/18 LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS at ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 BATEST FSO D2DO137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT 26 1 SCALE: 1'= 150' IIF 3 24 I 3 1 I 150 z —� 0 1 23 U. 4 w w 5 22 w w z Q 6 21 IF 7 I 7 20 I 1 7 � I u I 19 8 n LOT 1, BLOCK 1 r CALVARY ADDITION I o g 18 o CALLED 3.0 ACRES x w 9 MARTIN MORA at ux U-1 VOLUME 388-151, PAGE 11 N p INSTRUMENT NUMBER a OPRTCT ' 10 a(L 10 17 a D208380100 I I 10 OPRTCT L) I 11 16 I 11 o' 12 151:1�13 j 13 14 EJHOOK 14 Wyy PROPOSED 8" SS l + 15 � �O 16 17 18 1 > MF< QOy UJI3 16 x o a p CALLED 6.908 ACRES o a Tri v Q� EDDY F. MORRIS at ux DD Z cc /LOCK 3 LOT 15X AUTUMN BROOK R INSTRUMENT NUMBER _ 41189 — D2061TCT � ��"'� ��...� � OPRTCT c� > CALLED 6.641 ACRE 'TRACT 2' o SCOTT GRANT BLOXOM at ux INSTRUMENT NUMBER \ D203203819 \ OPRTCT LEGEND PROPOSED SANITARY SEWER LINE o WITH FLOW ARROW EE PROPOSED SANITARY MANHOLE CLC LO Iii to C 00 N Q toe 'go. 81157-01 EXHIBIT Al - SEWER PAPE-DAWSON 1p DATE APRIL 2018 ENGINEERS Q " " P° BRrmi OOK MEADOW Q CHECKED PD DRAWN PD FORT WORTH I SAN ANTONIO I AUSTIN I HOUSTON I DALLAS 3 OF 7 FORT WORTH TEXAS TEXAS WEST FWF RO SSIO00 1 FORT WORTH,TI 76116 FIRM REGISTR668 ATION � N SHEET f T[%AS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION 9470 0 � THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS at ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 TISK FEt:O D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT 26 1 25 2 SCALE: 1"= 150' 3tL ¢ 3 24 V 3 0 150 W 4 23 W 4 a. Z � PROPOSED ¢ 5 C/) PROPOSED CONCRETE CONCRETE PAVEMENT 6 PAVEMENT I I h I i LOT 1, BLOCK 1 CALLED 3.0 ACRES CALVARY ADDITION 9 MARTIN MORA at ux VOLUME 388-151, PAGE 11 OPRTCT INSTRUMENT NUMBER D208380100 10 10 10 OPRTCT i 11 11 12 12 13 d. 14 14 R DPOSE,D 15 L RA yI 16 17 18 o 3 c" o a AL ED 6.908 ACRES 0<Iii� IED F. MORRIS at ux rl m Z / / LOCK 3 LOT 15X T IN UMENT NUMBER 000-m p — —� D20 R9 r-Y"' OPRTCT 0 w W v > CALLED 6.641 ACRE o i TRACT 2" E a SCOTT GRANT BLOXOM et ux E E INSTRUMENT NUMBER LEGEND \ D203203819 OPRTCT 4 � 5J PROPOSED PAVEMENT _ � y E a 0_5" d c 00 E 06 E N = JOB NO. 61157-01 EXHIBIT B - PAVING PAPE-DAWSON o L, DATE APRIL 2p18 ENGINEERS DESIGNER PDrzi BROOK MEADOW "' CHECKED PO DRAWN PD Q FORT WORTH I SAN ANTONIO I A1:STIN{HOUSTON I DALLAS V 6500 WEST FWY,STE 700 1 FORT WORTH,.X 76116 1 817.870.3668 N SHEET 4 OF 7 L FORT WORTH, TEXAS TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION f410 v o LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS et ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 FEttOW5HtfI D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT MEIPHERGON RE) It 1 I 26 2 2 25 SCALE: 1'= 150' I 3 24 I 1 1— 4---) 4 23 z 5 3 5 22 Z O w 0 Lu 6 21 L----� a w w 7 a 1 7 20 2 I I _ 8 8 I 19 U _ 8 IT 1, BLOCK 1 ` CALLED 3.0 ACRES VARY ADDITIONI - 9 9 18 MARTIN MORA et ux 388-151, PAGE 11 INSTRUMENT NUMBER OPRTCT D208380100 !II 10 I ( 10 17 OPRTCT 11 10" PROPOSED 12 12 15 DROPOSFD 13 0" RCP 4 PR`0R0SE — Q �'i 42" RCP ACEFUL BROOK DR J%PROPOSED PROPOSED ROP x W A�IABLE 16 17 18 1 W a n o 0 WIDTH 3 U Toa D.E. ODR D 6.908 ACRES /� F. MORRIS et ux � m Z K 3 LOT 15X AUTUMN BROOIUMENT NUMBER ix 0O a2 0 61 411 89 le"' �� OPRTCT rn O- > CALLED 6.60 ACRE o "TRACT 2"� E LEG ND SCOTT GRANT BLOXOM et ux E E INSTRUMENT NUMBER \ D203203819 gi PROPOSED STOR DRAIN OPRTCT o ; PIPE & JUNCTION BOX rn rn 4 - PROPOSED CURB INLET 4 E 4 0,5 co cR I' 0 66 0 E ad E N JOB NO. 61157-01 EXHIBIT B1 - STORM DRAIN PAPE-DAWSON ,62 DATE APRIL 2018 ENGINEERS Cl DESIGNER PQBROOK MEADOW rd Q CHECKED PD DRAWN PD FORT WORTH 1 SAN ANTONIO I AUSTIN I HOUSTON I DALLAS U 6500 WEST FWY,STE 700 1 FORT WORTH,TX 76116 1 817.870.3668 SHEET 5 O F 7 FORT WORTH, TEXAS TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION#470 0 LL THIS D#MENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INAD 7 TLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS et ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 FEL±OW5HIP D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT 26 1 z 25 I 2 SCALE: 1'= 150' p w 24 0 150 I. I ¢ �I 3 w a Z 23 uj 4 2 :: 22 U) CL 7- 21 I 6 I� 7 20 I 7 � 7 I � I 8 1 19 8 - I LOT 1, BLOCK 1 l CALVARY ADDITION I =- g 18F CALLED 3.0 ACRES VOLUME 388-151, PAGE 11 MARTIN MORA ux INSTRUMENT NUMBER OPRTCT '(I 10 I 10 17 I 10 D OPRTCT 0 I 11 I I 11 16 I 11 12 F121512 — 13 DR 14 v 14 1 r 15 Lki 16 17 18 # oma I 3 16 Y o Qa AL ED 6.908 ACRES o a Iii I ED F. MORRIS et ux y -1 Z M / /�BtOCK 3 LOT 15X /� T IN UMENT NUMBER co _� ,�0D0 o BR D206141189 F-Y M OPRTCT ?J LLJ LU \� \ - w ?L > CALLED 6.644 ACRE o # TRACT 2'N E a SCOTT GRANT BLOXOM et ux E E INSTRUMENT NUMBER � \ D2OPRTCTt9 \ a LEGEND � 4 PROPOSED E 4 STREET LIGHT 60 ° E 0o E cm N JOB NO. 61157-01 EXHIBIT C - STREET LIGHTS PAPE-DAWSON o p DATE APRIL 2018 ENGINEERS DESIGNER PD BROOK MEADOW FmJ Q CHECKED PD DRAWN PD FORT WORTH I SAN ANTONIO I AUSTIN I HOUSTON I DALLAS U 6500 WEST FWY,STE 700 1 FORT WORTH,TX 76116 1 817.870.3668 ++ y SHEET 6 O F 7 FORT WORTH, TEXAS TE AS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION 4470 O n LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FlNAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL LANNIE V. KNIGHT LOT 1, BLOCK 1 MICHAEL ANTHONY PHILLIPS at ux INSTRUMENT NUMBER SOUTH FORT WORTH INSTRUMENT NUMBER VOLUME 10226, PAGE 996 BATISK FEt O D200137866 OPRTCT INSTRUMENT NUMBER OPRTCT D213093210, OPRTCT 1 26 1 z 2 25 22 SCALE: 1"= 150 I o �-3 24 Q 3 0 150 I, V I¢ a I L� Lu z 4 23 w 4 � a 5 22 5 v 6 21 I 6 7 20 � 7 I! 8 19 8 LOT 1, BLOCK 1 CALLED 3.0 ACRES CALVARY ADDITION I ° 18 9 MARTIN MORA et ux VOLUME 388-151, PAGE 11 INSTRUMENT NUMBER OPRTCT 17 D208380100 �II 10 I I � 10 OPRTCT 16 I 11 12 15 12 13 14 13 14 # G_A _ 15 0 I 16 17 18 �O W 3 16 x o as /� JED D 6.908 ACRES o m Iri v I ,� F. MORRIS et ux CD OOZ /LOCK 3 LOT 15X T UMENT NUMBER ��°D a206141189 V, x"1 — — .�� — OPRTCT UJ W Zq 7 m > CALLED 6.644 ACRE o # TRACT 2' EcL SCOTT GRANT BLOXOM at yx E c INSTRUMENT NUMBER \ D203203819 \ 4 LEGEND OPRTCT oa N 4 rl �WJ PROPOSED oE o STREET NAME SIGN (O '-I- c do E Doc- N 3 JOB NO. 61157-01 EXHIBIT Cl - STREET NAME SIGNS JT PAPE-DAWSON Op r2 DATE APRIL 2018 ENGINEERS Im Ill DESIGNER PD BROOK MEADOW rmi Q CHECKED PD DRAWN PD FORT WORTH I SAN ANTONIO I AUSTIN I HOUSTON I OALLAS U 6500 WEST FWY,STE 700 1 FORT WORTH,TX 76116 1817.870.3608 o a1 SHEET 7 O F 7 FORT WORTH, TEXAS TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION N70 m LL THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN cq DtiUTENTLr ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT`S ORIGINAL SIGNATURE AND SEAL COMPLETION AGREEMENT—LENDER FUNDED This Completion Agreement("Agreement)is made and entered into by and among the City of Fort Worth ("City"), and 800 McPherson Partners, LLC, a Texas limited liability company ("Developer"), and Simmons 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 11.96 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-18-017; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Brook Meadow("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 CFA Official Release Date:07.01.2015 Page 1 of 14 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 eight hundred thirty-six thousand six hundred thirty three dollars and fifty five cents ($836,633.55), 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 Ci of Fort Worth,Texas S dard Completion Agreement—Lender-Funded C Official Release Date:07.01.2015 Pale 2 of 14 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 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 Ci 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 CFA Official Release Date:07.01.2015 Page 3 of 14 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 contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. C' of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 4 of 14 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. 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 CFA Official Release Date:07.01.2015 Page 5 of 14 City of Fort Worth Planning and Development Department 1000 Throckmorton 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 1000 Throckmorton Street Fort Worth,Texas 76102 Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: 800 McPherson Partners, LLC Attn: Robert H. Barham 600 Summit Ave. Fort Worth,Texas 76102 Email: rhb@barhaminterests.com (iii) Notice to the Lender shall be addressed and delivered as follows: Simmons Bank Attn: Amanda Osburn 2200 W. 7h Street, Suite 112 Fort Worth,TX 76107 Email: Amanda.Osburn@simmonsbank.com Cil of Fort Worth,Texas Ste idard Completion Agreement—Lender-Funded CF k Official Release Date:07.01.2015 P e6of14 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 14 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: 800 McPherson Partners, LLC Jesus J.Chapa(Dec 7,2018) BY: Barham Interests,Inc.,Manager Jesus J. Chapa Assistant City Manager $ Robert H.Barham(Dec 6,2018) Name: Robert H. Barham Date: Dec 7,2018 Title: President Approved as to Form and Legality: Date: Dec 6,2018 Av%?hNNY,4 I GC-9,,A217 Richard A.McCracken(Dec 7,2018) LENDER: Richard A. McCracken Assistant City Attorney Simmons Bank ATTEST: RT Amanda L.Osbum(Dec 7,2018) O , Q Name: Amanda Osburn OX Title: Senior Vice President : Ma;v T. Kayser } yy Mary J.Kayser(Dec 10,2018) T Mary J.Kayser �''.• Contract Compliance Manager City Secretary .'GJ By signing I acknowledge that I am the TP , person responsible for the monitoring and M&C: administration of this contract, including Date: ensuring all performance and reporting requirements. Jennifer Ezernack on behalf of(Dec 7,2018) Janie S. Morales Development Manager ^sv of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 8 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Robert H. Barham 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 Robert H. Barham. GUARANTOR By: RobeIrt H.Barham(Dec 6,2018) Name: Robert H. Barham Brooks A. White 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 Brooks A. White GUARANTOR 8ralll&W By: Brooks White(Dec 6,2018) Name: Brooks A. White James B. Haddock 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 James B. Haddock. GUARANTOR Tymes BMaddooaddoo By: James B Haddock(Dec 6,2018) Name: James B. Haddock City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 9 of 14 i Cit of Fort Worth,Texas StEu Idard Completion Agreement—Lender-Funded CFI L Official Release Date:07.01.2015 Pa#10 of 14 1 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 11 of 14 ATTACHMENT"1" Changes to Standard Completion Agreement Citj of Fort Worth,Texas S dard Completion Agreement—Lender-Funded CF Official Release Date:07.01.2015 Pag 12 of 14 EXHIBIT A BEING A 11.96 acre tract of land situated in the Hiram Little Survey,Abstract Number 930, being all of a tract of land described in the Warranty Deed with Vendor's Lien to Bonnie S. Goree, recorded in Volume 6135, Page 993 of the Official Public Records of Tarrant County, Texas (OPRTCT), said 11.96 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northwest corner of said Goree tract in County Road 1072 also known as McPherson Road (variable width right-of-way where road has been dedicated), from which a found 1"pipe for reference bears South 00 degrees 48 minutes 02 seconds East, a distance of 25.00 feet; THENCE North 89 degrees 34 minutes 59 seconds East,with the north line of said Goree tract, a distance of 562.53 feet to point for corner at the northeast comer of said Goree tract; THENCE South 00 degrees 47 minutes 24 seconds East,with the east line of said Goree tract, passing at a distance of 25.00 feet a found 3/4" iron rod at the northwest corner of a called 3.0 acre tract of land described in the General Warranty Deed to Martin Mora et ux, recorded in Instrument Number D208380100, OPRTCT, continuing with the east line of said Goree tract, a total distance of 923.20 feet to a found 1/2" iron rod at the southeast corner of said Goree tract and the northeast corner of a called 6.641 acre tract of land described as TRACT 2 in the Warranty Deed with Vendor's Lien to Scott Grand Bloxom et ux, recorded in Instrument Number D203203819, OPRTCT, from which a found 5/8" iron rod bears South 88 degrees 57 minutes 26 seconds West, a distance of 0.90 feet and from which a found 1/2" iron rod at the southwest corner of said Mora tract bears North 00 degrees 47 minutes 24 seconds West, a distance of 146.92 feet; THENCE South 88 degrees 57 minutes 26 seconds West,with the south line of said Goree tract and the north line of said TRACT 2, a distance of 562.36 feet to a 6"metal post at the southwest corner of said Goree tract and the northwest corner of said TRACT 2; THENCE North 00 degrees 48 minutes 02 seconds West, with the west line of said Goree tract, a distance of 929.35 feet to the POINT OF BEGINNING and containing 11.96 acres of land, or 529,073 square feet of land, more or less. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 13 of 14 EXHIBIT B APPROVED BUDGET Section I Water $173,394.25 Sewer $163,478.50 Subtotal $336,872.75 Section II Interior Streets $329,034.75 Storm Drains $105,716.05 Subtotal $434,750.80 Section III Street Lights $65,010.00 Sub-total $65,010.00 TOTAL $836,633.55 Ci of Fort Worth,Texas Stat dard Completion Agreement—Lender-Funded CF Official Release Date:07.01.2015 P 14 of 14