HomeMy WebLinkAboutContract 39497COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, the undersigned "Developer" desires to make certain improvements (refer
to the name of the project at the bottom of the page) an addition to the City of Fort Worth,
Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, ahome-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "City", to do certain work in connection with said improvements.
Developer Information:
Developer Company Name: Andalusia
Authorized Signatory: Max Lenker
Title: President
Project Name: RaceTrac #881 Lake Worth
Project Location: 6005 Lake Worth Boulevard
Additional Streets: N/A
Plat Case No.: FS-009-104
Mapsco: 46Z-60D
To be completed by staff
Received by:
CFA: 2009-041
Inc.
Plat Name:
Council District: 7
DOE: 6252
Oaks Manor Addition
Date:
City Project No: 01376
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
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 and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") 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 infrastructure. Developer further acknowledges
that said process requires the contractor to submit an Affidavit of Bills
paid signed by its contractor and Consent of Surety signed by its surety
to ensure the contractor has paid the sub -contractor and suppliers in full.
Additionally, the contractor will provide in writing that the contractor
has been paid in full 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. iThe following checked exhibits are made a part hereof. Water (A, X
Sewer (A4) _X Paving (B) -L Storm Drain (B-1) , Street Lights
& Signs (C)'_
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
Combined CFA final Sept 12, 2008 2
F. For all infrastructure 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
insured, licensed and bonded to do work in public streets and/or
prequalified to perform water/waste water 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 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.
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 ACORD
Certificate of Insurance supplied by the contractor's insurance provider
and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence construction so
that City inspection personnel will be available; and to require the
contractor to allow the construction to be subject to inspection at any
and all times by City inspection forces, and not to 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 to schedule a Pre -Construction Meeting. The
fc3
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 until said sewer and water
mains and service lines have been completed to the reasonable
satisfaction of the Water Department.
I Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by 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 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.
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, his
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, his contractors, sub -contractors, officers, agents or
employees, except to the extent such injuries, death or damages are
caused, in whole or in part, by the alle>?ed gross neQlizence or
Combined CFA final Sept 11, 2008 4
willful misconduct of the City of Fort Wortla, 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, except to the extent such iniuries, death or damages are
caused, in whole or in part, by the alleged gross negligence or
willful misconduct of the CUP 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 and shall cause to be
executed and delivered to the City an indemnity agreement from such
contractors on a form to be promulgated by the City.
N. Upon completion of all work associated with the construction of the
infrastructure and 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%) each (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
5
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. The City's obligation to participate (exclusive of front foot charges) in
the cost of the community facilities shall terminate if the facilities are
not completed within two (2) years; provided, however, if construction
of the community facilities has started within the two year period, the
developer may request that the CFA be extended for one year. If the
community facilities are not completed within such extension period,
there will be no further obligation of the City to participate. City
participation in a CFA shall be subject to the availability of City funds
and approval by the Fort Worth City Council.
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
community facilities if at the end of two (2) years from the date of this
Agreement the community facilities 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 community facilities or to cause
the payment of costs for 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.
Combined CFA final Sept 12, 2008 6
Cost Summary Sheet
Project Name: Race Trac #881 Lake Worth
CFA No.: 2009-041 DOE No.: 6252
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
A. Water and Sewer Construction
1, Water Construction
2, Sewer Construction
Water and Sewer Construction Cost Sub -Total
B. TPW Construction
1, Street
2, Storm Drain
TPW Construction Cost Sub -Total
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water/Sewer Inspection Fee (2%)
D. Water/Sewer Material Testing Fee (2%)
Sub -Total for Water Construction Fees
E. TPW Inspection Fee (4%)
'' F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
i Finanr_ial Guarantee Options. choose one
Developer's Cost
'$ 167,856.00
10,516.00
$ 1789372,00
$ 178,372.00
$ 3,567.44
$ 3,567.44
$ 7,134.88
$ 7,134.88
Choice
Amount fck one)
Bond
= 100%
$
1782372.00
�
Com
letion A reement = 100% /Holds Plat
$
178,372.00
Cash
Escrow Water/Sanitary
Sewer= 125%
$
222,965.00
Cash
Escrow Paving/Storm
Drain r= 125%
$
-
Letter
of Credit = 125% w/2
r expiration period
$
222,965.00
IN TESTIMONY WIIEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested
by its City Secretary, with the corporate seal of the City affixed, and said Developer has
executed this instrument in quadruplicate, at Fort Worth, Texas this I day
of , 200 _0
CITY OF FORT WORTH - Reconunetttled by:
Water Department
EMBA, P.E.
Development Engineering Manager
to Form &Legality:
Amy J. R�sey
Assistant ity Attorney..
ATTEST:
1V
r Marty HendrA
City Secretary
ATTEST
Signature
;(Print) Name: Phil GuraL
Title: Assistant Secretary
Transportation &Public Works Department
'/v
William A. Verkest, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
Andalusia Properties, Inc.
Signature
Print Name: Max Lenker
Title: President
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Combined CFA final Sept 12, 2008
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Location Map
® Exhibit A: Water Improvements
® Water Estimate
® Exhibit A-1: Sewer Improvements
® Sewer Estimate
❑ Exhibit B: Paving Improvements
❑ Paving Estimate
❑ Exhibit 13-1: Storm Drain Improvements
❑ Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
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EXISTING 8" VALVE NOTES:
MOVE PLUG AND 1 • W E. = WATER EASEMENT.
CO ECT TO EXISTING LINE 2 PRIVATE WATER LINES NOT
INCLUDED IN CFA. (* NOT
PART OF CFA)
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\\ �\ INSTALL 1234 LF
\ OF 8" WL
15 W.E. \ \ \ *
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PRIVATE FIRE HYDRANT
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CAB. A, SLIDE 4754, —/
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26' FIRE &UTILITY ESMT
\OL. 388-54, PG. 39,
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EXISTING FIRE HYDRANT
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CREAMER ADDITION 1-8" GATE VALVE
CAB. A, SLIDE 4754 \
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P.R. T.C. T. INSTALL STALL:
1-8" 45' BEND -" o
DATE: 09.16.09
PROJECT #: 2390-0-1
H.A. C.' THA C mycoslae i� mcinnis associates
DRAWN BY.m G. DeANDA LAKE WORTH, TEXAS civil engineering surveying lendscepearchitecture piani p
tbpe registration number: f — 2759
CHECKED BY.• J. SUMP TER FACILITIES AGREEMENT orli2 0 o e ° s ` ° 6 r ° m
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WATER EXHIBIT 8 1 7- 4 6 9- 1 6 7 1
SHEET NO: 1 OF 2 fox: 817-274-8757
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STA 140+32.23 18"SS M-217* 14026
CONSTRUCT 4' STD. MANHOLE OVER �;
EXIST G 18" SS LINE WITH CONCRETE
COL L R AND WATER TIGHT INSERT`.,
RIM ELEV= 753.52
\ 8FL=748. 75\\
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63 LF 58" SS @ 0. 4 0
CONSTRUCT 4' STD. MANHOLE,
WITH CONCRETE COLLAR ANDS,
<:> WATER TI GH T INSERT
x RIM ELEV= 753.E 7
8" FL= 749.00
1 114 FL=749.56
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SHADY OAKS M N
BLOCK A-R, LOT 2
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DA TE: 08610. 09
PROJECT #: 2390-0-1 �'XHIBI T A 1
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DRAWN BY.• G. DeANDA
CHECKED BY.• J. SUMP TER
SHEET N0: 2 OF 2
LAKE WORTH, TEXAS
FACILITIES AGREEMENT
SEWER EXHIBIT
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PART B — PROPOSAL
DEVELOPER AWARDED CONTRACTS
14 This proposal must not be removed from this book of Contract Documents.
ITO: Andalusia Properties, Inc.
PROPOSAL FOR: PROJECT NAME: RACETRAC #881
6005 LAKE WORTH BLVD., (SH. 199 )
WATER SND SANITARY IMPROVEMENTS
(2009 )
WATER PROJECT NO, P265-6081.50137683_
SEWER PROJECT NO. P275407130137683_
CITY PROJECT NO, 01376_
X NO.21051_
Includes the furnishing of all materials, except materials specified to be furnished by the
City, equipment and labor for the installation of Water and Sanitary Sewer
improvements and all necessary appurtenances and incidental work to provide a
complete and serviceable project designated as:
RACETRAC #881
6005 LAKE WORTH BLVD. (SH. 199 )
WATER AND SANITARY SEWER IMPROVEMENTS
( 2009 )
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, the
General Contract Documents and General Specifications for Water Department Projects,
the General Contract Documents and General specifications for Transportation and
Public works Projects, the site of the project and understanding the amount of work to be
done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor,
equipment and material except as specified to be furnished by the City, which is
necessary to fully complete the work as provided in the Plans and Contract Documents
and subject to the inspection and approval of the Director of the Department of
Engineering of the City of Fort Worth, Texas; and binds himself upon acceptance of this
Proposal to execute a contract and furnish an approved Performance Bond, Payment
Bond, Maintenance Bond, and such other bonds, if any, as may be required by the
Contract Documents for the performing and completing of the said work. Contractor
proposes to do the work within the time stated and for the following sums:
B-1
Updated 05/16/2005
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO, QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
UNIT I: WATER
Unit Price Total
1, 1296 LF 8" PVC WATER LINE ( INCLUDES ,Amount
FITTINGS & HORIZONTAL
BLOCKING)
THIRTY-FOUR DOLLARS & $34,00 $44,064.00
NO CENTS per LINEAR FOOT
Unit Price Total
2. 6 EA. 8" GATE VALVE & BOX Amount
NINE HUNDRED FIFTY DOLLARS
&
950.00 $54700.00
NO CENTS - EACH
Unit Price "Total
3. 2 EA, CONNECT TO EXISTING Amount
WATERLINE
SEVEN IIUNDRED DOLLARS &
$700.00 $1,400.00
NO CENTS -EACH
Unit Price Total
4. 1 EA. I !z' DOMESTICWATER SERVICE .Amount
& METER BOX
FOURTEEN HUNDRED DOLLARS &
1400.00 $1,400,00
NO CENTS EACH
Unit Price Total
5. 1 EA. 1 %" IRRIGATION SERVICE & Amount
METER BOX
FOURTEEN HUNDRED DOLLARS &
$11400.00 $12400.00
NO CENTS - EACH
REMOVE & DISPOSE OF EXISTING Unit Price Total
6, 2148 SY ASPHALT PVN4T. Amount
. EIGHT DOLLARS &
$8.00 17 184.00
NO CENTS per SQUARE YARD
. B-2
Updated 05l16/2005
INST.�LL .-ASPHALT PAVEMENT
Unit Price
Total
7.
2148 SY
( PER CITY OF FT. WORTH DETAIL
Amount
2000-1A )
FORTY THREE DOLLARS &
$43.00
$92,364400
NO CENTS per SQUARE YARD
TESTING( EXCLUDING GEOTECH)
Unit Price
Total
8.
1 LS
Amount
NINE HUNDRED DOLLARS &
NO CENTS per LINEAR FOOT.
$900.00
$900900
TRENCH SAFETY
Unit Price
Total
9.
1296 LF
Amount
ONE DOLLARS &
FIFTY CENTS per LINEAR FOOT
$1,50
1 944.00
TRAFFIC CONTROL PLAN PER
Unit Price
Total
10.
I LS
TXDOT SPECS
Amount
.
FIFTEEN HUNDRED DOLLARS
f 500.00
$1,500.00
NO CENTS - LUMP SUM
TOTAL UNIT 1 - WATER
$167,856.00
B-3
Updated 05/16/2005
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
UNIT II: SANITARY SEWER
8" PVC MAIN Unit Price Total
Amount
I. 63 I,F THIRTY-ONE DOLLARS &
NO CENTS per LINEAR FOOT. $31.00 $1,953,00
4' STD. MANHOLE ( INCLUDES Unit Price Total
INSTALLATION OF CONCRETE Amount
26 1 EA. COLLAR & WATER TIGHT INSERT)
TWENTY-EIGHT HUNDRED
DOLLARS & $21900,00 $2,800,00
NO CENTS - EACH.
4' MANHOLE OVER EXISTING LINE
Unit Price
Total
( INCLUDES INSTALLATION OF
Amount
3.
I EA.
CONCRETE COLLAR & WATER
'FIGHT INSERT)
FORTY-FIVE HUNDRED DOLLARS &
4 5OOtO
$4,500v00
NO CENTS - EACH.
"TRAFFIC CONTROL PLAN PER
Unit Price
Total
TXDOT SPECS
Amount
4.
1 LS
SIX HUNDRED DOLLARS &
NO CENTS — LUN4P SUM
$600.00
$600.00
VACUUM TEST MANHOLES
Unit Price
Total
THRFE HUNDRED DOLLARS &
Amount
5.
? EA
NO CENTS per EACH.
300.00
$600,00
TRENCH SAFETY
Unit Price
Total
ONE DOLLAR &
Amount
6.
63 LF
NO CENTS per LINEAR FOOT.
1.00
63.00
TOTAL
UNIT 11:
SANITARY SEWER $ 10,516.00
Updated 05/16l2005
TOTAL AMOUNT BID WATER
TOTAL AMOUNT BID SEWER
GRAND TOTAL AMOUNT BID
B-5
$ 167,856.00
10,516.00
$ 178,372.00
Updated 05/16/2005
-PROPOSAL (Cont.)
After acceptance of this Proposal. the undersigned will execute the formal contract and
will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents, for the faithful performance of the Contract. The attached bid security, if
required is to become the property of the Developer.
The undersigned bidder certified that he has obtained at least one set of the General
Contract Documents and General Specifications for Water Department Projects dated
January 1, 1978, and that he has read and thoroughly understands all the requirements
and conditions of those General Documents and the specific Contract Documents and
appurtenant plans.
The successful bidder shall be required to perform the work in accord with the
following publications, both of which are incorporated herein and made a part
hereof for all purposes:
1. The General Contract Documents and General Specifications for
Water Department Projects dated January 1, 1978, which may be purchased
from the Water Department,
2. The Standard Specifications for Street and Storm Drain Construction
which may be purchased from the Department of Transportation & Public
Works.
The undersigned assures that its employees and applicants for employment and those of
any labor organization, subcontractors, or employment agency in eithcr furnishing or
referring employee applicants to the undersigned are not discriminated against as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
7400.
The Bidder agrees to begin construction within 5 calendar days after issue of the work
order, and to complete the contract within 120 working days after beginning construction
as set forth in the written work order to be furnished by the Owner.
(Complete A or B below, as applicable:)
A. The principal place of business of our co►npany is in the State of
Nonresident bidders in the State of ,our principal
place of business, are required to be percent lower than resident bidders
by state law. A copy of the statute is attached.
Updated 05/16/2005
Non resident bidders in the State of , our principal
place of business. are not required to underbid resident bidders.
X B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
I (we) acknowledge receipt of the following addenda to the plans and specifications, all
of the provisions and requirements of which have been taken into consideration on
preparation of the foregoing bid:
Addendum No. 1 (Initials)_
Addendum No. 2 (Initials) I
(Seal)
Addendum No. 3 (Initials)__
Addendum No. 4 (Initials)_ _
Respectfi�(ly submitted,
MORA CONSTRUCTION, INC.
By� �
Title
B-7
Address
P.O. BOX 154897
1RVING. TX 75015
Telephone: 972-399-08Q7
Updated 05/16/2005