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HomeMy WebLinkAboutContract 50957 Received Date:Jul 10,2018 Received Time:Jul 10,2018 Developer and Project Information Cover Sheet: Developer Company Name: Burleson Fields,LLC Address, State,Zip Code: 201 W.Bufford St.#101,Burleson,TX 76028 Phone&Email: 817-295-7368, dshipman(c-,)shipmanco.com Authorized Signatory,Title: David Shipman,Jr,Authorized Agent Member Project Name: McPherson Village Phase 1 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: E.of Chisom Tr. @ Intersection of Summer Creek Rd. & Sunflower Ridge Plat Case Number: [FP-17-041 Plat Name: McPherson Village Phase 1 Mapsco: 116 D Council District: 6 CFA Number: 2018-021 City Project Number: 101259 City of Fort Worth,Texas Standard Community Facilities Agreement-McPherson Village Phase 1 O FFICIALRECORD CFA Official Release Date:02.20.2017 ETARY Page 1 of 11 TX STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 50957 WHEREAS, Burleson Fields, 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 McPherson Village Phase 1 ("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-McPherson Village Phase 1 OFFICIAL RECORD CFA Official Release Date:02.20.2017 CITY SECRETARY Page 2 of 11 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) _ Sewer(A-1) 1 .Paving(B) 0. Storm Drain(B-1) ®, Street Lights & Signs (C) N. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section 11,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section I1, 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-McPherson Village Phase 1 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-McPherson Village Phase 1 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 dama-ges are caused, in whole or in part, by the alleged nekligence 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 allezed naaliaence 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-McPherson Village Phase 1 CFA Official Release Date:02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the cons ruction 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 construcrion 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 uarantee, 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 Agree nent(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-McPherson Village Phase 1 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. City of Fort Worth,Texas Standard Community Facilities Agreement-McPherson Village Phase 1 CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: McPherson Village Phase 1 CFA No.: 2018-021 City Project No.: 101259 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 $ 622,290.09 2.Sewer Construction $ 404,799.47 Water and Sewer Construction Total $ 1,027,089.:56 B. TPW Construction 1.Street $ 1,558,853.52 2.Storm Drain $ 1,234,748.95 3.Street Lights Installed by Developer $ 161,602.94 4. Signals $ TPW Construction Cost Total $ 2,955,205.41 Total Construction Cost(excluding the fees): $ 3,982,294.!17 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 20,541.79 D. Water/Sewer Material Testing Fee(2%) $ 20,541.79 Sub-Total for Water Construction Fees $ 41,083.58 E. TPW Inspection Fee(4%) $ 111,744.10 F. TPW Material Testing(2%) $ 55,872.05 G. Street Light Inspsection Cost $ 6,464.12 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ _ Sub-Total for TPW Construction Fees $ 174,080.27 Total Construction Fees: $ 215,163.85 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 3,982,294.97 Completion Agreement=100%/Holds Plat $ 3,982,294.97 x Cash Escrow Water/Sanitary Sewer-125% $ 1,283,861.95 Cash Escrow Paving/Storm Drain=125% $ 3,694,006.76 Letter of Credit=125%w/2yr expiration period $ 4,977,868.rl City of Fort Worth,Texas Standard Community Facilities Agreement-McPherson Village Phase 1 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 Burleson Fields,LLC Jesus T. Chgpd Jesus J.Chapa(Jun 28,'2018) Jesus J. Chapa Assistant Cit yy Manager Date: J u n 28,2018 David Shipman(J n 27,2018) Name: David Shipman, Jr Recommended by: Title: Authorized Agent Member i - i - / Date: J u n 27,2018 ifer L.Eze c(Jun 27,2018) VEvelyn 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 Ric�d A. requirements. Richard A.McCracken(Jun 28,2018) Richard A.McCracken �7ril/!/G c9yj4 ttAkl-moi Assistant City Attorney Janie Scarlett Morales(Jun 28,2018) M&C No. N/A Name: Janie Morales Date: Title: Development Manager Form 1295: N/A SORT ATTEST: •••.'' ' Mary J.Pays&(Jul 5,20") Mary J.Kayser/Ronald Gonzales * 'k City Secretary/Assistant City Secretar .. City of Fort Worth,Texas G �--H IAL RECORD Standard Community Facilities Agreement-McPherson Village Phase 1 u CFA Official Release Date:02.20.2017 C17Y 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 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 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-McPherson Village Phase 1 CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101259 None. 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INSTALL I (j _ I INSTALL (Rl-1) & , I it STREET SIGN W1-1R & STREET SIGN - INSTALL / W11-11R / g 1 131 III 1P& I - —-- INSTALL W1-1R & i 13 J � W13-1P �i l i � II� / INSTALL # STREET& I STOP (Rt-1) SIGNS f • � INSTALL STOP SIGN - (R1-1) & STREET SIGN I ±JI -- N I INSTALL: i I STOP SIGN I I (R1-1), i I INSTALL STOP SIGN STREET SIGN & I GRAPHIC SCALE 1"=250' (R1-1) & STOP BAR STREET SIGN I LTrr � 125 0 125 250 INSTALL LEGEND WW13R1P INSTALL I INSTALL I I;I STREET& PROPOSED STREET STOP SIGN . STRI_ET SIGN OY I STOP (R1-1) SIGNS W, i 1 PROPOSED STREET NAME SIGN INSTALL PROPOSED REGULATORY SIGN f —— —— W1-1L& INSTALL a W13-1P SPEED LIMiT SIGN _ (R2-i) i Po-.OF TFr T T I INSTALL y° 9s I I I I i :tT I I i TWO-WAY TRAM CHARLES F. STARK I I SIGN CfTY PROJECT NO. 101259 I I SIGN �': 57357 _ .L.__ __ _ _ _ I (W6-3) OWNER/DEVELOPER POSA- �ISTEa. � _ I Fs /ONAL s BURLESON nom, LLCINSTALL-- —— /d p18 121 NORTHWEST NEWTON ST. V 02�08�2 BURLESON, TX 76028 I STOP SIGH 1 USE OF THIS ELECTRONIC SEAL/SK;KrTURE TEL 817-295-7368 I STREET SIGN I AlJRiORI!ED BY CHARLES F.STARK,P.E. !! TEAS REGISTRATION NO.5735713 I I I 1 1 as *I EXHIBIT C 1 PROJECT No. 282-Ml STREET SIGNS IMPROVEMENTS DATE: SEPTI1W 2D17 6221 Southw"F,rtW—Ul, '9Texard,376132 McPHERSON VILLAGE PHASE I S"�` Fort Worth, Texas 76132 T:,817.231.8100 (F)817.231.8111 Texas Registered Enyine¢nng Finn F-10998 McPI-IERSON VII,LAGE ADDI'T'ION,PHASE 1 Texas Registered Sorvey Firm F-10158800 CITY OF FT,WORTH,TARRANT COUNTY,TEXAS w .barronstark.com 00 42 43 DAP-BID PROPOSAL Page I of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VII IAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Itean Information Biddees Proposal Bidlist Item Specification I Unit of Bid No. Descnphon Section No. Measure Quantity Unit Price Bid Value UNIT I:WATER IMPROVEMENTS 1 0241.1015 Remove 12"Water Line 024114 LF 54 $20.00 $1,080.00 2 0241.1118 4"-12"Pressure Plug 024114 LF 4 $850.00 $3,400.00 3 3201.0614 Conc Pvmt Repair,Residential 320129 SY 59 $125.00 $7,375.00 4 3305.0003 8"Waterline Lowering 330512 EA 7 $2,500.00 $17,500.00 5 3305.0005 12"Waterline Lowering 330512 EA 1 $3,200.00 $3,200.00 6 3305.0109 Trench SafetV 33 05 10 ILF 7550 $1.001 $7,550.00 7 3305.1003 20"Casing By Oen Cut for 8"Water 33 05 22 LF 100 $120.00 $12,000.00 8 3305.1004 24"Casing By Open Cut for 12"Water 33 05 22 LF 50 $140.00 $7,000.00 9 3311.0001 Ductile Iron Water Fittings wJ Restraint 331111 TON 32 $3,800.00 $121,600.00 10 3311.0251 8"DIP Water 33 1110 ' LF 100 $72.00 $7,200.00 11 3311.0261 8"PVC Water Pipe 331112 IF 5540 $31.97 $177,113.80 12 3311.0441 12"PVC Water Pipe 331110,331112 LF 2010 $41.86 $84,138.60 13 3311.0451 12"DIP Water 331110 ILF 50 $82.50 $4,125.00 14 3312.0001 Fire Hydrant 331240 JEA 8 $2,900.00 $23,200.00 21 3312.0117 Connection to Existing 4"-12"Water Main 331225 EA 1 $3,650.00 $3,650.00 15 3312.20D3 1"Water Service 331210 EA 138 $750.00 $103,500.00 16 3312.3002 6"Gate Valve 331220 EA 8 $878.22 $7,025.76 17 3312.3003 8"Gate Valve 331220 EA 15 $1,126.67 $16,900.05 18 3312.300512"Gate Valve 331220 EA 4 $2,145.47 $8,581.88 19 3312.3103 8"Cut-in Gate Valve 331220 EA 1 $3,650.00 $3,650.00 20 3471.0001 Traffic Control 347113 MO 1 $2,500.00 $2,500.00 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 11 45 TOTAL UNIT I:WATER IMPROVEMENTS $622,290.0 f I CITY OF FORT WORTH STANDARD CONSTRUCTION SPBCIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Vesion Febmary 16,2018 00 42 43-Bid Pmp0W DAP UdUfl a 03-17-2018 00 42 43 PAP-BID PROPOSAL Pegs 2 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS 1 0330.00018"Concrete Encase Sewer Pipe 033000 Icy 165 $48.50 $8,002.50 2 3301.0002 Port-CCN Inspection 330131 LF 5334 $1.40 $7,467.60 3 3301.0101 Manhole Vacuum Testing 330130 EA 21 $160.05 $3,361.05 4 3305.0109 Trench Safe 330510 LF 5334 $0.49 $2,613.66 5 3305.2200 20"Casing by Open Cuf for 8"and 10"Sewer 33 05 22 LF 150 $120.00 $18,000.00 6 33313101 4"Sewer Service 333150 EA 138 $600.00 $82,800.00 7 3331.4115 8"Sewer Pipe 33 1110,33 3112 LF 4779 $2950 $140,980.50 8 3331.4116 8"Sewer Pipe,CSS Backfill 33 1110,33 3112 LF 162 $40.00 $6,480.00 9 3331.4119 8"DIP Sewer Pie 331110 LF 75 $69.50 $5,212.50 10 3331.4201 10"Sewer Pipe 34 1110,33 3112 LF 555 $36.86 $20,457.30 11 3331.4205 30"DIP Pie 35 1110,33 3112 LF 75 $85.361 $6,402.00 12 3331.4206 10"Sewer Pipe,CSS Backfill 331110,33 3112 LF 79 $69.84 $5,517.36 13 3339.0001E xy Manhole Liner 333960 VF 50 $325.00 $16,250.00 14 3339.10014'Manhole 333910,333920 EA 17 $2,340.00 $39,780.00 15 3339.1002 4'Drop Manhole with Raven Coating 33 39 10,33 39 20 EA 3 $5,200.00 $15,600.00 16 3339.1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 50 $385.00 $19,250.00 17 3339.1003 4'Manhole with Raven Coating 33 39 10,33 39 20 VF 1 $4,125.00 $4,125.00 18 3471.0001 Traffic Control 347113 MO 1 $2,500.00 $2,500.00 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 14�4w I I — TOTAL UNIT IL SANITARY SEWER IMPROVEMENTS $404,799.47 CITYOFFORT WORTH STANDARD CONSTRUCTION SPEMICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fm Vasion FcW=y 16,2018 0042 43 Bid Pmpoed_DAP Ud1iHa 05-17-2018 OD 42 43 UAP-BID PROPOSAL. Page 3 of4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Pmject Item Information Bidder's Proposal BidlistItem Specification Unit of Bid No. Descnphon Section No. Measure Quantity Unit Price Bid Value UNIT III:DRAINAGE IMPROVEMENTS 1 0241.3013 Remove 18"Storm Line 024114 LF 50 $20.00 $1,000.00 2 0241.3103 21"Storm Abandonment Plug 024114 JEA 6 $850.00 $5,100.00 3 0241.4201 Remove 4'Drop Inlet 02 4114 EA 1 $1,850.00 $1,850.00 4 0241.4401 Remove 18"Headwall/SET 02 41 14 EA 2 $1,000.00 $2,000.00 5 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 730 $15.25 $11,132.50 6 3137.0101 Concrete Ri ra 313700 SY 1 740 $54.001 $39,960.00 7 3137.0104 Medium Stone Ri ra ,dry 313700 SY 972 $65.00 $63,180.00 8 3292.0400 Seedln&H dromulch for Channel Only 329213 SY 2190 $4.25 $9,307.50 9 3305.0109 Trench Safety 330510 LF 3290 $0.50 $1,645.00 10 3339.1001 4'Manhole 333910 EA 1 $4,200.00 $4,200.00 11 3341.0103 18"RCP,Class III 334110 LF 67 $46.00 $3,082.00 12 3341.0201 21"RCP,Class III 334110 LF 663 $48.00 $31,824.00 13 3341.0205 24"RCP,Class III 334110 LF 1356 $58.00 $78,648.00 14 3341.0205 27"RCP,Class III 344110 LF 27 $68.00 $1,836.00 15 3341.0302 30"RCP,Class III 33 41 10 LF 464 $75.00 $34,800.00 16 3341.0305 33"RCP,Class)u 3441 10 LF 343 $85.00 $29,155.00 17 3341.0309 36"RCP,Class III 334110 LF 596 $90.00 $53,640.00 18 3341.0402 42"RCP,Class III 334110 LF 62 $118.00 $7,316.00 19 3341.2001 10x4 Box Culvert 334110 LF 408 $620.00 $252,960.00 20 3341.2002 10x5 Box Culvert 334110 LF 425 $650.001 $276,250.00 21 3349.0D01 4'Storm Junction Box 334910 EA 5 $3,800.00 $19,000.00 22 3349.0002 5'Storm Junction Box 334910 EA 1 $4,107.95 $4,107.95 23 3349.0006 CIP Storm Junction Structure(15'-4"X35'x4") 334910 EA 2 $21,550.00 $43,100.00 24 3349.0104 V Stacked Manhole 334910 EA $2,200.00 25 3349.0106 Manhole Steps 334910 EA $65000 26 3349.4103 18"SET,1 pie 334940 EA 2 $2,500.00. $5,000.00 27 33495001 10'Curb Inlet 33 49 20 EA 16 $4,500.00 $72,000.00 28 3349.5002 15'Curb Inlet 33 49 20 EA 9 $6,000.001 $54,000.00 29 3349.6001 10'Recessed Inlet 33 49 20 EA 6 $4,8W.001 $28,800.00 30 3349.7001 4'Drop Inlet 33 49 20 EA 1 $3,800.00 $3,800.00 31 3349.9004 Orifice Weir Outlet Structure 33 49 20 EA 1 $39,925.00 $39,925.00 32 CG-FW-0 42"TxDOT Type CH-FW-0 HEADWALL 466 EA 1 $4,725.00 $4,725.00 33 CH-FW-0 24"TxDOT Type CH-FW-0 HEADWALL 466 EA 1 $1,89o.00 $1,890.00 34 CH-FW-0 36"TxDOT Type CH-FW-0 HEADWALL 466 EA 1 $4,410.00 $4,410.00 35 PW TxDOT Type PW-2 HEADWALL 466 EA 1 $45,105.00 $45,105.00 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT III:DRAINAGE IMPROVEMENTS1 $1,234,748.95 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVEW FER AWARDED PROTECTS Form Version February 16,20 18 00 42 43 Bid Proposal DAP Utilities 05-17.2018 00 42 43 DAP-BID PROPOSAL Page 4 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VILLAGE PHASE 1 CPN 101259 UNIT (PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price FBid Value Bid Summary UNIT I:WATER IMPROVEMENTS $622,290.09 UNIT II:SANITARY SEWER IMPROVEMENTS $404,7_99.47 UNIT III:DRAINAGE IMPROVEMENTS _ $1,_234,748.95 UNIT IV:PAVING IMPROVEMENTS _ NO BID UNIT V:STREET LIGHTING IMPROVEMENTS NO BID Total Construction Bid $2,261,838.51 This Bid is submitted by the entity named below: — BIDDER: BY: WD.DSTONE CONSTRUCTION,LLC 12850 HIGHWAY 287 FORT WORTH,TX 76052 /.' TIT L 7, ,7 Contractor agrees to complete WORK for FINAL ACCEPTANCE i 385 _calendar days after the date when the CONTRACT commences to run as provided In the General Condi ns. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Febmwy 16,201 B 00 42 43—Bid Pmposel_DAP Utilities 05-17.2018 00 42 43 DAP-BID PROPOSAL Page 2 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT IV:PAVING IMPROVEMENTS 1 0241.0402 Remove Asphalt Pavement 0241 13 SY 27761 $4.05 $11,242.80 2 3201.0656 Conc Pvmt Repair,HES,Arterial/Industrial 32 01 29 SY 74 $122.00 $9,028.00 3 3211.0211 6"Flexible Base,Type B,GR-1 or Gr-2 32 1123 SY 643 $18.20 $11,702.60 4 3211.0400 Hydrated Lime for 6",8"and 10"Cone Pvmt 32 11 29 TN 447 $150.00 $67,050.00 5 3211.0501 6"Lime Treatment 32 1129 SY 19853 $2.40 $47,647.20 6 3211.0502 8"Lime Treatment 8"and 10"PVmt 32 1129 SY 9017 $2.65 $23,895.05 7 3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 743 $13.00 $9,659.00 8 3212.0501 4"Asphalt Base Type B 32 12 16 SY 100 $25.70 $2,570.00 9 3212.0501 4"Asphalt Base Type B(Stabilization @ box) 3212 16 SY 128 $32.00 $4,096.00 10 3213.0101 6"Conc Pvmt 32 13 13 SY 18729 $34.00 $636,786.00 11 3213.0103 8"Cone Pvmt 32 13 13 SY 1710 $42.00 $71,820.00 12 13213.010S 10"Conc Pvmt 32 13 13 SY 6796 $63.00 $428,148.00 13 13213.0301 4"Conc Sidewalk 32 13 20 SF 27198 $4.21 $114,503.58 14 3213.0501 Barrier Free Ramp,Type R-1 32 1320 EA 15 $1,096.10 $16,441.50 15 3213.0502 Barrier Free Ramp,Type U-1 34 1320 EA 1 $1,096.10 $1,096.10 16 3213.0504 Barrier Free Ramp,Type M-2 32 13 20 EA 2 $793.41 $1,586.82 17 3213.0506 Barrier Free Ramp,Type P-1 33 1320 EA 7 $793.41 $5,553.87 18 3217.0002 4"SLD Pvmt Marking HAS(Y)(DBL) 32 1723 LF 3786 $3.25 $12,304.50 19 3217.2103 REFL Raised Marker TY 11-A-A 32 17 23 EA 95 $5.50 $522.50 20 13292.0400 Seeding,H dromulch,Stabilization 32 92 13 SY 17000 $1.75 $29,750.00 21 3441.4003 End of Road Barricades 3471 13 EA 5 $1,500.00 $7,500.00 22 3471.0001 Traffic Control 3471 13 MO 1 $5,000.00 $5,000.00 23 3471.0002 Portable Message Sign 3471 13 WK 4 $1,250.00 $5,000.00 24 MBGF Metal Beam Guard Fence TxDot Std 540 LF 125 $34.00 $4,250.00 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT IV:PAVING IMPROVEMENTS $1,527,153.52 CrTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version February 16,2018 Copy of 00 42 43 Bid Proposal DAP Paving 05-08-2018 00 42 43 DAP-BID PROPOSAL Page 3 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHEPSON VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. I Measure Quantity Unit Price Bid Value UNIT IV:STREET SIGN IMPROVEMENTS 1 3441.4002 Furnish/Install Alum Sign Ground Mount TxDOT Std. 344130 EA 37 $310.00 $11,470.00 2 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 4130 EA 52 $275.00 $14,300.00 3 D633 15 MPH(W13-1p) 344130 EA 8 $90.00 $720.00 4 D633 ROAD ENDS 344130 EA 1 $90.00 $90.00 5 D633 Stop Signs(111-1) 344130 EA 11 $90.00 $990.00 6 D633 Street Name Blades(D3-1) 344130 EA 52 $50.00 $2,600.00 7 D633 W1-1L 344130 EA 4 $90.00 $360.00 8 D633 35 MPH(112-1 344130 EA 2 $90.00 $180.00 9 D633 DIVIDED ROAD(W6-3) 344130 EA 2 $90.00 $180.00 10. D633 DO NOT PASS 344130 EA 2 $90.00 $180.00 11 D633 SCHOOL CROSSING ASSEMBLY(S1-1),(SW16-7P) 344130 EA 2 $90.00 $180.00 12 D633 SCHOOL SPEED LIMIT SIGN ASSEMBLY(54-3P)(R2-1)(s4-1P)(54-6P) 344130 EA 2 $90.00 $180.00 13 D633 SCHOOL ZONE AHEAD 344130 lEA 1 $90.00 $90.00 14 D633 W1-R1 344130 EA 2 $90.00 $180.00 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 40 41 42 43 44 45 TOTAL UNIT IV:STREET SIGN IMPROVEMENTS1 $31,700.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Febmmy 16,2018 Copy of 00 42 43 Bid Proposal DAP Paving 05-08-2018 00 42 43 DAP-BID PROPOSAL Page 4 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT III:DRAINAGE IMPROVEMENTS NO BID UNIT III:DRAINAGE IMPROVEMENTS _ NO BID UNIT III:DRAINAGE IMPROVEMENTS NO BID UNIT IV:PAVING IMPROVEMENTS $1,527,153.52 UNIT IV:STREET SIGN IMPROVEMENTS $31,700.00 UNIT V:STREET LIGHT IMPROVEMENTS NO BID Total Construction Bidl $1,558,853.52 This Bid is submitted by the entity named below: BIDDER: BY: JLB CONTRACTING,INC. 7151 RANDOL MILL ROAD FORT WORTH,TEXAS 76120 TITLE: VP of Business Development DATE: 5/17/18 v Contractor agrees to complete WORK for FINAL ACCEPTANCE within 130 calm nda r days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foran V enion Febnmy 16,2018 Copy of 00 42 43—Bid Proposal DAP Paving 05-08-2018 00 42 43 DAP-BID PROPOSAL Page 2 of 3 SECTION 00 42 43 DevelDper Awarded Projects-PROPOSAL FORM MCPH WN VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Item Information Bidders Propoul Bidlist Item DesSpecification Unit of Bid No. ��°O Section No. I Measure Quantity Unit Price Bid Value UNIT V:STREET LIGHTING IMPR MENT 1 2 RESIDENTIAL 3 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 EA 34 41 20 24 $1,000.00 $24,000.00 4 3441.3351 Fumish/Install Rdway Illum TY I1 Pole EA 34 41 20 24 $1,200.00 $28,800.00 5 3441.1646 Furnish/Install Type 33B Arm EA 34 41 20 24 $150.00 $3,600.00 6 3441.3201 LED Lighting Fixture EA 34 41 20 24 $500.001 $12,000.00 7 2605.3015 2"CONDT PVC SCH 80(T) LF 26 05 33 3270 $5.00 $16,350.00 8 3441.1410 NO 10 Insulated Elec Condr LF 3441 10 9810 $0.50 $4,905.00 9 10 COLLECTOR 11 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 EA 34 41 20 12 $1,150.00 $13,800.00 12 3441.3352 Fumish/Install Rdway Illum TY 18 Pole EA 34 41 20 12 $1,900.00 $22,800.00 13 3441.1645 Fumish/Install Type 33A Arm EA 34 41 20 12 $150.00 $1,800.00 14 3441.3201 LED Lighting Fixture EA 34 41 20 12 $625.00 $7,500.00 15 2605.3015 2"CONDT PVC SCH 80 LF 26 05 33 2587 $5.00 $12,935.00 16 3441.3404 QUADPLEX ALUM ELEC CONDUCTOR LF 3441 10 2587 $2.50 $6,467.50 17 2605.0111 Fumish/Install Elec Sery Pedestal 120/240V EA 260500 1 $5,000.00 $5,000.00 18 3441.1502 Ground Box Type B,w/A ron EA 34 41 20 4 $400.00 $1,600.00 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V:STREET LIGHTING IMPR2_VEMENTO $161,557.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version Febnmy IQ 2018 IUC pricing-McPherson ViUge Phi 004243 DAP-BID PROPOSAL Page 3 of 3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM MCPHERSON VILLAGE PHASE 1 CPN 101259 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT I:WATER IMPROVEMENTS NO BID UNIT II:SEWER IMPROVEMENTS NO BID UNIT III:DRAINAGE IMPROVEMENTS NO BID UNIT IV:PAVING IMPROVEMENTS NO BID UNIT V:STREET LIGHTING IMPROVEMENTS $161,557.50 Total Construction Bid $161,557.50 This Bid is submitted by the entity named below: BIDDER: BY: R� drd WO e INDEPENDENT UTILITY CONSTRUCTION,INC. 5109 SUN VALLEY DRIVE FORT WORTH,TX 76119 TITLE resident DATE: 05/10/2018 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 45 calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Forth Vection February 16.2018 IUC pricing-McPherson Village PhI 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP—PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed.In the"Major Work Type"box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date ROADWAY AND INDEPENDENT UTILITY CONSTRUCTION PEDESTRIAN LIGHTING INC. 03/26/2019 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BY; ichard 1fe (Signature) TITLE: President DATE: 05/10/2018 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT—DEVELOPER AWARDED PROJECTS 00 45 12_Pregwifitation Statement 20LS—DAP Street Lights Form Verson September L 2015 COMPLETION AGREEMENT—LENDER FUNDED This Completion Agreement("Agreement)is made and entered into by and among the City of Fort Worth ("City"), and Burleson Fields, LLC, a Texas Lunited Liability,-Company ("Developer"), and Simmons Bank as successor by. merger with Southwest Bank ("Lender'), effective as of the date subscribed by the City's City Manager or Assistant City Manager. The City, the Developer and the Lender are hereinafter collectively called the"Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 88 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 r-17041-or FS not apRfi"le; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development o[_McPherson Village Phase 1 CX T'A"); 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 13 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 Agree-.ment 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 THREE MILLION NINE D WQ1UY It, TWO HUN-DRED=NINETY 1*O R AND 97/100 Dollars ($3,982,294.97)_ 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 fi nancing 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 ME CFA Official Release Date:07.01.2015 Page 2 of 13 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 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 JLE CFA Official Release Date:07.01.2015 Page 3 of 13 additional funds required to complete the Improvements shall be delivered to the City within 10 business days following notification to Lender and Developer. F ailure to deliver the additional funds shall relieve the City of the obligation to complete the Imfrovements, 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 shah, 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. 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 13 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 I I 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 Revised 09.07.2017 JLE CFA Official Release Date:07.01.2015 Page 5 of 13 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: Burleson Fields,LLC 201 W Bufford, Suite 101 Burleson,Texas 76028 Email: dship angshipmanco.Com (iii) Notice to the Lender shall be addressed and delivered as follows: Simmons Bank 2601 South Hulen Street Fort Worth,Texas 76109 Email: jiii':luttrell@simmonsbaiike6m 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 13 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 7LE CFA Official Release Date:07.01.2015 Page 7 of 13 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: Burleson Fields, LLC ✓esus T. chgpa Jesus J.Chapa(Jun 28,2018) 1 YL'LT/W S�2Gbf'/'LGL/1i Jesus J. Chapa David Shipman(J n 27,2018) — Assistant City Manager Name: David Shipman,.fir Title:Authorized Agent Member Date: Jun 28,2018 Date: Jun 27,2018 Approved as to Form and Legality: LENDER: Simmons Bank, an Arkansas State Bank Ri, u, �A, iyicGYaciceyv Richard A.McCracken(Jun 28,2018) Richard A. McCracken Assistant City Attorney James R.Luttrell(Jun 27,2018) Name: Jam-.—s R. Fu;i;ell ATTEST: Title: Rcgional President OR,.;OF RT �-� . .,....0Contract Compliance Manger -7 Mary J.kayser(Jul 5,2 ) V' = By signing I acknowledge that I am the Mary J. Kayser IL'♦ '• person responsible for the monitoring and City Secretary '♦ administration of this contract, including A ensuring all performance and reporting M&C: requirements. Date: �%Gwy c2gk`L—L/il"lPf Janie Scarlett Morales(Jun 28,2018) Janie S. Morales Development Manager City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 RLE CFA Official Release Date:07.01.2015 Page 8 of 13 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX DayidShJpiham r.,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 David;4Shiptr�ann Sr. GUARANTOR Sr By. David Shipman,tr(Jun 27,2018) Name: David Shipman Sr. Title:Authorized Agent Member City of Fort Worth,Texas i Standard Completion Agreement—Lender-Funded Revi ed 09.07.2ECFA Official Release Date:07.01.2015Page 9 of 13CITY STARFT. W ,T 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 13 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 13 EXHIBIT A BEING an 88.14 acre tract of land situated in the John Korticky Survey,Abstract No. 914, City of Fort Worth, Tarrant County, Texas and being the same tract as conveyed to Burleson Fields, LLC as evidenced by warranty deed recorded in Clerk File D216137216,Deed Records Tarrant County, Texas. Beginning at a found 1/2 inch iron rod in the east line of Chisolm Trail Parkway (variable width ROW)for the intersection of the Chisolm Trail Parkway east line;and the south line of Sun Flower Ridge Drive. Thence North 89°31'10" East with the Sun Flower Ridge south line a distance of 1587.30 feet to a set 1/2 iron rod in the west line of Summer Creek Road (55'ROW); Thence South 01°45'36" East with the Summer Creek Road west line a distance of 1981.55 feet to a set 1/2 inch iron rod in the north line of the Texas Electric Service Company right-of-way as recorded in Volume 3599, Page 588, Deed Records Tarrant County, Texas; Thence South 89°12'21" West with the north line of said Texas Electric Service Company right- of-way a distance of 2597.84 feet to a found 1/2 inch iron rod in the east line of Chisolm Trail Parkway, said point being the beginning of a curve to the left having a radius of 2984.79 feet, a central angle of 43°36'02", and a long chord that bears North 25°21'33" East, 2216.93 feet; Thence along said curve to the left and east line of Chisolm Trail Parkway an arc length of 2271.34 feet to the Point of Beginning and Containing 3,839,255 square feet, 88.14 acres of land, more or less. 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 13 EXHIBIT B APPROVED BUDGET Section I Water $622,290.09 Sewer $404;799:47 Subtotal $1,027-,089,.56 Section II Interior Streets $1;558,853.52 Storm Drains $1,234,148.95 Subtotal $2,7.93,602.47 Section III Street Lights $1611-602:94 Sub-total $161;602.94 TOTAL $3,982,294.97 City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME CFA Official Release Date:07.01.2015 Page 13 of 13