HomeMy WebLinkAboutContract 33972 s
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.c�T"OL��}}
S
WHEREAS, Hillwood Residential Services,L.P., hereinafter called "Developer",
desires to make certain improvements to Heritage Addition Phase 3B Section 3, an
addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Brian Carlock, its duly
authorized Vice President of Hillwood Development Company, a Texas limited
liability company, General Partner of Hillwood Residential Services, L.P., a Texas
limited partnership and the City, acting herein by and through Marc Ott, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
conditions contained herein, do hereby agree as follows:
I. 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, is
hereby incorporated into this Community Facilities Contract as if copy
herein verbatim. Developer agrees to comply with all provisions of said
Policy in the performance of its duties and obligations hereunder.
B. The requirements of the Policy shall govern this Community Facilities
Agreement, provided, however, that any conflict between the terms of this
Community Facilities Agreement and the Policy shall be resolved in favor
of this Agreement.
C. Developer shall provide financial security in conformance with paragraph
6, Section II, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
CFA-tpw-sec3.doc 1 � 6� � `5�� iun
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E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. 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, 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.
G. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
H. In the event that City participation exceeds $25,000, Developer agrees that
no street construction or storm drainage will begin prior to City Council
approval of this Community Facilities Agreement. (Article 104.100,
Ordinance 7234).
I. Developer agrees that no lot shall be occupied under a certificate of
occupancy until the improvements required herein have been constructed
(Article 104.100, Ordinance 7234).
J. Developer hereby releases and agrees to indemnify and hold the City
harmless for any inadequacies in the preliminary plans, specifications and
cost estimates supplied by the Developer for this contract.
K. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to construct
current and future improvements provided for in this agreement.
CFA-tpw-sec3.doc 2V�
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Water(A) None; Sewer(A-1)None; Paving(B) attached; Storm Drain (B-
1) attached; Street Lights and Signs (C) attached.
H. Street and Storm Drain Facilities
A. The Developer(s) agree to install or to cause to have installed, the street,
storm drainage, street lighting, street name sign and other community
facilities improvements shown as "current improvements" on the attached
Exhibits B, B1, and C.
B. As shown below in the "Summary of Cost for Street and Storm Drain
Facilities", the Developer shall fund its share of "current improvements"
and shall pay to the City for its share of the cost of street, storm drainage,
street lighting, street name signs as shown on the attached Exhibits B, B1,
and C. The estimated total cost of current improvements and related
support services specified in this agreement, including design,
construction and inspection is estimated to $633,329.48.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $235,186.50 $ - $235,186.50
2. Storm Drainage $355,188.00 $ - $355,188.00
3. Street Lights $19,000.00 $ - $19,000.00
4. Street Name Signs Name Blades Only) $340.00 $ - $340.00
B. Engineering Design
C. Construction Engineering
and Management by DOE 4% $23,614.98 M $23,614.98
TOTALS $633,329.48 $ - $633,329.48
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of sidewalk.
2. Developer's column for Item C represents four percent (4%) cost for construction
CFA-tpw-sec3.doc 3
inspection fees and materials testing. The City will pay additional inspection fee over
4%.
3. City not preparing plans and specifications.
IN TESTIMONY WHEREOF, 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 triplicate, at Fort Worth, Texas this the day of
, 2006. RECEIVED
MAY 0 5 2006
Approval Recommended:
Transportation and Public Works
Department
NO M&C REQUIRED Robert Goode, P. E.
Director
ATTEST: City Of Fort VVorth
By:
�
c Ott
City Secretary Assistant City Manager
Approved as to Form:
J
Assistan tty Atomey
DEVELOPER
Hillwood Residential Services,L.P.
A Texas limited partnership
ATTEST: By: Hillwood Development Company,
a Texas limited liability company,
its gener :rtner
By.
Corporate Secretary ria Carloc c, ice President
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LOCATION MAP
HERITAGE ADDITION Carter Burgess
PHASE 3B — SECTION 3 CARTER & BURGESS,INC.
777 MAN STREET
FW WORTH,TX 76102
1817)735-6000
PROJECT NO. 011540.030. 1.0630
DGN=gl\job\ 011540\civ\ phose3\ 540p3lcfcl.dgn PAGE 1 OF 6
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LEGEND L__. .........................
PROP. 29' B/B STREETS
ROADWAY/50' ROW
EXHIBIT 'B'
PROP. 41 ' B/B HERITAGE ADDITION
ROADWAY/60' Row PHASE 313 - SECTION 3
PROP. 4' S I DEWALK ......................................
( BY HOMEBUILDER) Carter - Burgess
PROP. 4' SIDEWALK
( BY DEVELOPER) CARTER & BURGESS,INC.
777 MAIN STREET
ORT ORTH,TX 76102
LIMITS OF PROJECT ——————— (F817)73W&-6000
PROJECT NO. 011540.030. 1.0630
OGN=cj:\Iob\ 011540\civ\ phc)se3\ 540p3lcfa.dgn PAGE 4 OF 6
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STORM DRAIN
LEGEND EXHIBIT 113-1'
PROP. STORM DRAIN LINE HERITAGE ADDITION
PROP. I NLETr p (-CHASE 3B - SECTION 3
PROP. MANHOLE v �'1��•
PROP. HEADWALL -� '" � . Ul '� � 1e SS
Carter :Burge
EXIST. STORM DRAIN LINE ______ _____ �
° a 1 CARTER & BURGESS,INC.
777 AWN STREET
LIMITS OF PROJECT ------- (SM FORT WO»'X76102
73S-PROJECT NO. 011540.030. 1.0630
DGN= -\'ob\ 011540\civ\ hase3\ 540p3lcfo.<Jn PAGE 5 OF 6
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STREET LIGHTS
LEGEND ;� EXHIBIT 'C'
PROP. SINGLE STREET LIGHT HERITAGE ADDITION
EXIST. SINGLE STREET LIGHT Q PHASE 3B - SEC'T'ION 3
( ON STEEL POLE WITH STREET
AND STOP SIGNS ATTACHED)
PROP. STREET SIGN Carter Burgess
EXIST. STREET SIGN 0 CARTER & BURGESS,INC.
'LIMITS OF PROJECT FOI M O STREET
--------_ FORT WORTH.7X 76102
(8171735-60M
PROJECT NO. 011540.030. 1.0630
DGN= -\'ob\ 011540\civ\ phase3\ 540p3lcfia.d n PAGE 6 OF 6
PART B — PROPOSAL Pfi ecce,
5 vtp
(This Proposal. must not be removed from this book of Contract Documents)
.flr
TO: Hillwood Residential Services, L.P.
PROPOSAL FOR: PROJECT NAME: HERITAGE ADDITION PHASE 3B SECTION 3
DOE NO. 5170
X NO.: 18249
Includes the furnishing of all materials (except as specified to be furnished by the City),
equipment and labor for the installation of Street Improvements and all necessary
appurtenances and incidental work to provide a complete and serviceable project designated
as:
Heritage Addition Phase 3B Section 3
Pursuant to the foregoing "Notice to Bidders," including plans, special contract documents, and
the General Contract Documents and General Specifications for Water Department 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 inspection and
approval of the Director of the City Water Department 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:
(Furnish and install, including all appurtenant work, complete in place, the following items. D-No.
refers to related items in Part D of the Special Conditions):
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
PART A—STREETS
210 1 9,000 S.Y. 6" Lime Stabilized Subgrade
(Includes Preparation of Subgrade),
complete in place for the sum of
One Dollar &
Sixty Five Cents per Square Yard $1.65 $14,850.00
212 2 135 TON Lime for Subgrade (30#/S.Y.)
complete in'-place for the sum of
Eighty Five Dollars &
No Cents per Ton
$85.00 $11,475.00
N:VOB\01 154Mpec\011540.030-PAV.doc SP-1
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
314 3 8,710 S.Y. 6", 3,000psi Reinforced Concrete
Pavement (Includes Joint Sealer
and 7" STD Attached Concrete
.Curb), complete in place for the
sum of
Twenty Two Dollars &
Fifteen Cents per Sq. Yard $22.15 $192,926.50
4 116 L.F. Connect to Existing Pavement,
Complete in place for the sum of
Ten Dollars &
No Cents per Linear Foot $10.00 $1,160.00
5 116 L.F. Remove and Haul Off Existing
Street Barricade
Five Dollars &
No Cents per Linear Foot $5.00 $580.00
6 60 L.F. 4' Wide Sidewalk, complete in place
for the sum of
Fourteen Dollars &
No Cents per Linear Foot $14.00 $840.00
7 9 Ea. Barrier Free Ramps, complete in
place for the sum of
Six Hundred Dollars &
No Cents per Each $600.00 $5,400.00
8 1 L.S. Storm Water Pollution Prevention
Maintenance
One Thousand Dollars &
No Cents per Lump Sum $1,000.00 $1,000.00
N:VOB\011540\Spec\011540.030-PAV.doc SP-2
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
9 1 L.S. City Required Bonds (Payment,
Performance, and Maintenance
Bonds)
Two Thousand
Six Hundred Dollars &
No Cents per Lump Sum $2,600.00 $2,600.00
10 8,710 S.Y. Construction Material Testing
No Dollars &
Fifty Cents per Square Yard $0.50 $4,355.00
TOTAL PART A—STREETS --- $ 235,186.50
City of Fort Worth requires a minimum of 30#/S.Y. The Paving Contractor will be responsible for a lime series test as directed by the City
of Fort Worth Construction Inspection Department.
Owner shall be responsible for installation of all silt barriers, sediment traps, check dams,and seeding. The Earthwork contractor shall be
responsible for the"Construction Entrance/Exit'installation.
N:VOB1011540\SpeclOI 1540.030-PAV.doe SP-3
This contract is issued by an organization which qualifies for exemption pursuant to the
provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act.
Taxes: All equipment and materials not consumed by or incorporated into the project
construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991.
The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400
(Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in,
employment practices.
The undersigned agrees to complete all work covered by these Contract Documents within
30 working days from and after the date for commencing work, as set forth in the written Work
Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for
Streets, Drainage and Utility Construction," as established by the City of Fort Worth, Texas.
WithiR ten (40) days ef FeGeipt Gf R9tiGe of aGGeptaRGe ef this Ibid, the undeMigned will exeGute
Respectfully submitted,
Mario Sinacola & Sons Excavating, Inc.
By: Michael Sinacola, Vice President
Address: P.O. Box 2329
Frisco, TX 75034
(S E A L) If Bidder is Corporation
Date
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2
N:UOB\011540\Spec\011540.030-PAV.doc SP-4
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
SECTION C -STORM DRAIN SYSTEM
440 1 118 L.F. 24" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Complete in Place for the Sum of
Fft Dollars &
No Cents per Linear Foot $50.00 $5,900.00
440 2 32 L.F. 48" Class III R.C. Pipe Including
Trench Excavation and Backfill,
Complete in Place for the Sum of
One Hundred Thirty Five Dollars &
No Cents per Linear Foot $135.00 $4,320.00
440 3 387 L.F. 54" Class III R.C. Pipe Including
Trench Excavation and Backfill,
Complete in Place for the Sum of
One Hundred Eighty t Dollars &
No Cents per Linear Foot $180.00 $69,660.00
440 4 44 L.F. 60" Class III R.C. Pipe Including
Trench Excavation and Backfill,
Complete in Place for the Sum of
Two Hundred Fifteen Dollars&
No Cents per Linear Foot $215.00 $9,460.00
440 5 419 L.F. 72"Class III R.C. Pipe Including
Trench Excavation and Backfill,
Complete in Place for the Sum of
Two Hundred Ninety Five Dollars &
No Cents per Linear Foot $295.00 $123,605.00
N:UOB\01 1540\Spec\01 1540.030-Util.doc B 9 "OFFI M HMO
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
440 6 185 L.F. 78" Class III R.C. Pipe Including
Trench Excavation and Backfill,
Complete in Place for the Sum of
Three Hundred Forty Dollars&
No Cents per Linear Foot $340.00 $62,900.00
525 7 1,098 L.F. Trench Safety for the Sum of
One Dollars &
No Cents Per Linear Foot $1.00 $1,098.00
444 8 4 Ea. 15'Standard Curb Inlet, Complete in
Place for the Sum of
Two Thousand
Five Hundred Dollars&
No Cents Each $2,500.00 $10,000.00
444 9 2 Ea. 20' Standard Curb Inlet, Complete in
Place for the Sum of
Four Thousand Dollars &
No Cents Each $4,000.00 $6,000.00
444 10 2 Ea. 6' Square Drop Inlet, Complete in
Place for the Sum of
Four Thousand
Five Hundred Dollars &
No Cents Each $4,500.00 $9,000.00
11 1 Ea. Standard 9' Square Manhole,
Complete in Place for the Sum of
Seven Thousand
Five Hundred Dollars &
No Cents Each $7,500.00 $7,500.00
N:UOB\OI 1540\Spec\011540.030-Util.doc B10
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
444 12 3 Ea. Standard 8' Square Manhole,
Complete in Place for the Sum of
Six Thousand
Five Hundred Dollars &
No Cents Each $6,500.00 $19,500.00
410 13 1 Ea. Type B Headwall for 72" R.C. Pipe
with sloped end, Complete in Place for
the Sum of
Two Thousand
Five Hundred Dollars &
No Cents Each $2,500.00 $2,500.00
410 14 1 Ea. Type C Headwall for 78" R.C. Pipe
with sloped end, Complete in Place for
the Sum of
't
Three Thousand Dollars &
No Cents Each $3,000.00 $3,000.00
S.P. 15 301 S.Y. Rock Rubble Rip Rap (18"-24", 18"
Deep Min.)for the sum of
Forty Five Dollars&
No Cents per Square Yard $45.00 $13,545.00
S.P. 16 1 L.S. Storm Water Pollution Prevention
Maintenance for the sum of
Two Hundred Dollars&
No Cents per Lump Sum
$200.00 $200.00
17 1 L.S. Material Testing
Five Thousand Dollars &
No Cents per Lump Sum
$5,000.00 $5,000.00
SECTION C --- STORM DRAIN SYSTEM $355,188.00
N:UOB\011540\Spec1011540.030-Util.doc B 11
SUMMARY
Section A—Water $ 97,345.00
Section B—Sanitary Sewer $ 80.701.50
Section C—Storm Drain $ 355,188.00
GRAND TOTAL $ 533.234.50
'1
N:\JOB\011540\Spec\011540.030-Util,doc B 12
PART B-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.
1
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors, or employment agency in either 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 35 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 company 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.
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.
MUOM01154MSpecM 1540.030-Util.doc B12
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. 3(Initials)
Addendum No. 2(Initials) Addendum No. 4(Initials)
Respectfully submitted,
Conastser Construction TX. L.P.
By:
Title
Jerry Conatser, President
Address
P.O. Box 15448
Fort Worth, TX 76119
Telephone: 817-534-1743
(Seal)
Date:
N:UOB\011540\Spec\011540.030-Util.doc B 13
III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 3 EA $ 1,900 $5,700.00
MID-BLOCK RESIDENTIAL 6 EA $ 1,900 $11,400.00
CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 1,900 $1,900.00
MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00
MID-BLOCK ARTERIAL 0 EA $ 3,200 $00,000.00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00
Subtotal $19,000.00
City's Cost $00,000.00
Developer's Subtotal $19,000.00
4% Inspection fee $0.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $19,000.00
DEVELOPERS COST: $19,000.00
CFA CODE # 2005155
Heritage Addition, Phase III-B, Section 3
Fort Worth, Texas May 25, 2006
PAGE 1 OF EXHIBIT "C"
II. STREETLIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of streetlights at the approximate locations
shown in exhibit "C", immediately after final acceptance of the street construction, in
accordance with engineering plans and specifications approved by the Transportation and
Public Works Department.
2. Streetlights on residential and/or collector streets can be installed using overhead or
underground conductors with the approval of the director of transportation and Public
Works.
3. The City of Fort Worth will install all the streetlights that use overhead or underground
conductors on residential, and collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting its design efforts, at the option
of the developer and at their expense they may purchase the poles, fixtures, and mast arms
from the City in order to assure compliance with city material standards
4. Street lights on arterial streets shall be installed with underground conductors
5. The developer agrees to dedicate all easements required for the installation and
maintenance of the street lights and to provide for the installation of any electrical
transformers required for the proper operations of the street light system
6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of Fort Worth.
DEVELOPERS COST: $19,000.00
May 24, 2006
CFA CODE # 2005155
Heritage Addition, Phase III-B, Section 3
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
INTERSECTIONS:
Birdville Way & Cargill Dr 1
Birdville Way & Exposition Way 1
Armour Dr & Cargill Dr 1
MID - BLOCK
Birdville Way 3
Armour Dr 3
CHANGE OF DIRECTION
Armour Dr 1
CFA CODE # 2005155
Heritage Addition, Phase 111-B, Section 3
May 24, 2006
PAGE 3 OF EXHIBIT ..
IV
STREET NAME SIGNS
1. The City of Fort Worth will install the street name signs upon final
approval of the street construction. The street name signs will remain
the property of, and will be maintained by, the City of Fort Worth.
2. The Developer will pay for the street name sign installations required
for this development to the extent of $100.00 per intersection. This
unit cost will be revised annually by the Department of Transportation
and Public Works to reflect prevailing costs of materials and labor.
3. This development creates the following four (4) intersections at a cost
to the Developer of$340.00:
Armour Dr & Cargill Cir
Armour Dr & Exposition Way
Birdville Way & Cargill Cir
Birdville Way & Exposition Way
Note: Contractor installs signs, sign faces (decals) fabricated
by the City of Fort Worth for $85.00 per location (4 faces).
Heritage Addition, Phase 3B Section 3
CFA code: 2005155 November 30, 2005