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HomeMy WebLinkAboutContract 36055 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, 13L /'A�r�+.��s,lrv_ , hereinafter called "Developer", desires to make certain improvements to Valley Brook Phase IV, 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, Denton and Wise Counties,Texas,hereinafter called"City",to do certain work in connection with said improvements. 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: 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 and subsequently amended, is hereby incorporated into this Community Facilities 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. 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. Valley Brook Phase IV 1 CFA 2007060 061307 E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be + administered in conformance with paragraph 8, Section lI, of the Policy. G. 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 ofFcers,servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. 1. 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). J. 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). Valley Brook Phase IV 2 CFA 2007060 06 1307 K. Developer hereby releases and agrees to indemnify and hold the City ' less for any inadequacies in the preliminary plans, specifications d cost estimates supplied by the Developer for this contract. L. 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. M. 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.. N. 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. II. 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, 131 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, i construction and inspection is estimated to $ 282,610.64. Valley Brook Phase IV 3 CFA 2007060 06 1307 SUMMARY OF COST VALLEY BROOK PHASE IV Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $236,362.59 236,362.59 2. Storm Drainage $28,247.45 28,247.45 $ 3. Street Lights $1,144.00 1,144.00 4. Street Name Signs $980.00 980.00 B. Engineering Design $C. Construction Engineering and Management by DOE $ $ 4% 10,584.40 1 10,584.40 D. Materials Testing by DOE $ $ 2% 5,292.20 5,292,20 $ $ TOTALS 282,610.64 $ - 282,610.64 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent(4%)cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent(2%)of paving and storm drain costs for materials testing. Valley Brook Phase IV 4 CFA 2007060 06 1307 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 D el er has executed this instrument in triplicate,at Fort Worth,Texas this the ATday off 2007. Approval Recommended: Transportation and Public Works Department Robert Goode,P. E. Director City orth E O=&CI'cLIiI_C°'ly Marc Ott Assistant City Manager ATTEEST: Marty Hendrix RECEIVED City Secretary 001T 3 2 '4'0i7 Approved as to Form: Assista i6 Attorney ATTEST: DEVELOPER KBL II Partners,Ltd. A Texas Limited Partnership By: Lennar Texas Holding Company, A Texas Corporation, General Partner By: Corporate Secretary Jack awson,Vice President Valley Brook Phase IV 5 CFA 2007060 06 13 07 's EN INEER'S OPINION OF PROBABLE COST Date: 2/06/07 Project: Valley Brook, Phase 4 Client: KBL II Partners, Ltd. Job No: 10152 Location: Fort Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Facilities 1. 6" Reinforced Conc. Pavement S.Y. 7,873 $23.00 $181,079.00 2. 6" Subgrade Preparation S.Y. 8,384 $2.00 $16,768.00 3. Hydrated Lime 36#/SY Ton 125.8 $108.00 $13,582.08 4. Barrier Free Ramps Ea 2 $954.00 $1,908.00 5. 4' Sidewalk L.F. 75 $12.00 $900.00 7. Connect to Concrete Header L.F. 58 $11.00 $638.00 Paving Subtotal $214,875.08 10% Contingency $21,487.51 Paving Total $236,362.59 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional_ It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 2/06/07 Project: Valley Brook, Phase 4 Client: KBL II Partners, Ltd. Job No: 10152 Location: Fort Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities I. 10' Curb Inlet Ea. 4 $2,580.00 $10,320.00 2. 27" R.C.P. L.F. 69 $48.35 $3,336.15 3. 21" R.C.P. L.F. 34 $36.80 $1,251.20 4. Trench Safety L.F. 103 $1.00 $103.00 5. Connect to Existing Ea. 2 $200.00 $400.00 6. Construct 4' x 4' SDMH Ea. 2 $3,050.00 $6,100.00 7. 5'F-F Flume L.F. 59 $47.45 $2,799.55 8. 6" Thick Gabion Mattress S.Y. 4 $267.40 $1,069.60 9. Inlet Protection Ea. 4 $75.00 $300.00 Storm Drain Subtotal $25,679.50 10% Contingency $2,567.95 Storm Drain Total $28,247.45 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional_ It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. - I 1 ENGINEERS OPINION OF PROBABLE COST Date: 2/06/07 Project: Valley Brook,Phase 4 Client: KBL II Partners, Ltd. Job No: 10152 Location: Fort Worth, Texas Page: 3 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Miscellaneous 1. Street Lights Ea. 11 $2,000.00 $22,000.00 2. Street Signs Ea. 2 $100.00 $200.00 3. Street Light Conduit L.F. 2,990 $1.00 $2,990.00 Miscellaneous Subtotal $25,190.00 10% Contingency $2,519.00 Miscellaneous Total $27,709.00 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional- It must be recognized that any evaluation of work to be perfonned to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions_ Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS (1) EA $ 2,600 ($2,600.00) MID-BLOCK RESIDENTIAL (8) EA $ 2,600 ($20,800.00) CHANGE OF DIRECTION RESIDENTIAL (2) EA $ 2,600 ($5,200.00) 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 ($28,600.00) City's Cost $00,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $1,144.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $1,144.00 DEVELOPERS COST: $1,144.00 (for inspection) (Streetlights installed by Tri-County) CFA CODE # 2007060 Valley Brook Estates, Phase IV Fort Worth,Texas June 13, 2007 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: $1,144.00 (for inspection) June 12, 2007 CFA CODE # 2007060 Valley Brook Estates, Phase IV PAGE 2 OF EXHIBIT "C" III. STREETLIGFITS LOCATIONS: INTERSECTIONS: Mountain Robin Ct & Quarry Ridge Tr 1 MID — BLOCK: Quarry Ridge Tr 4 Sun Haven Way 4 CHANGE OF DIRECTION: Mountain Robin Ct & Sun Haven Way_1 Mountain Robin Ct 1 (streetlights installed by Tri-County) CFA CODE # 2007060 Valley Brook Estates, (Phase IV PAGE 3 OF EXHIBIT "C" 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$245.00 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 $980.00: Mountain Robin Ct & Quarry Ridge Tr Mountain Robin Ct & Sun Haven Way Mountain Stream Tr & Quarry Ridge Tr Mountain Stream Tr & Sun Haven Way Valley Brook Estates, Phase IV CFA code: 2007060 June 12, 2007 05/16/2007 09:43 FAX 9722869178 U 002/004 Four D Construction, Inc. ' + 11200 Old Seagoville Road Balch Springs,TX 75180 Phone: (972)286-0094 FAX: (972)286-9178 www.FourOConetrucOon.com Date: 05/16/2007 To: Chuck Marsh Goodwin & Marshall Inc. 2405 Mustang Drive. Grapevine,Texas 76051 Project: Valley Brook-Phase 4 Location: Fort Worth Four D Construction, Inc, is pleased to provide a quote for the above referenced project. Please review the following bid items and associated costs. This quote is based on plans provided by: Goodwin&Marshall,Inc_ BID ITEM ITEM DESCRIPTION QTY UofM UNIT PRICE EXTENDED PRICE PHASE 4 1 8"PVC DR-18 2363 LF $13.85 $32,727.55 2 8"GATE VALVE 3 EA $803.00 $2,409.00 3 FIRE HYDRANT ASSEMBLY 5 EA $2,765.00 $13,825.00 4 1"WATER SERVICE W/METER 103 EA $529.00 $54,487.00 5 1 112"IRRIGATION SERVICE W/METER 1 EA $1,448.00 $1,448.00 6 CAST)RON FITTINGS 0.7 TN $2,201.00 $1,540.70 7 CONNECT TO EXISTING 8"STUB OUT 2 EA $221.00 $442.00 8 END&8"PLUG 1 EA $163.00 $163.00 9 CONCRETE 5 CY $85.00 $425.00 10 TRENCH SAFETY 2363 LF $0.10 $236.30 11 PRESSURE TEST&CHLORINATION 2363 LF $0.10 $236.30 SUB-TOTAL $107,939.85 21 8"PVC SDR 35 2139 LF $19.35 $41,389.65 22 8"PVC SDR 26 130 LF $15.16 $1,970.80 23 4'DIAMETER STD. S.S. MANHOLE 6 EA $1,900,00 $11,400.00 24 5'DIAMETER STD. S.S. MANHOLE 1 EA $2,851.00 $2,851.00 25 EXTRA DEPTH FOR 4'DIAMETER MANHOLE 16 VF $25.00 $400.00 26 EXTRA DEPTH FOR 5'DIAMETER MANHOLE 6 VF $25.00 $150.00 27 SDR-35 SEWER SERVICE 45 EA $341.00 $15,345.00 28 SDR-26 SEWER SERVICE 59 EA $365.00 $21,535.00 29 CONNECT TO EXISTING 8"SEWER 2 EA $240.00 $480.00 30 END&8"PLUG 1 EA $115.00 $115.00 31 CEMENT STABILIZED BACKFILL 130 LF $18.00 $2,340.00 32 TRENCH SAFETY 2269 LF $0.25 $567.25 33 AIR TEST&TV SEWER LINE 2269 LF $0.10 $226.90 34 CONCRETE 5 CY $85.00 $425.00 35 CLAY DAM 5 EA $100.00 $500,00 SUB-TOTAL $99,695.60 41 19 CURB INLET 4 EA $2,580.00 $10,320.00 42 21"RCP CLASS 111 34 LF $36.80 $1,251.20 43 27"RCP CLASS III 69 LF $48.35 $3,336.15 44 S'F-F FLUME 59 LF $47.45 $2,799.55 45 4'X 4'STORM DRAIN MANHOLE 2 EA $3,050.00 $6,100.00 46 CONNECT TO EXISTING 27"RCP 2 EA $200.00 $400.00 47 INLET PROTECTION 4 EA $75.00 $300.00 05/16/2007 09:44 FAX 9722869178 2 003/004 48 6"GABION MATTRESS 4 SY $267.40 $1,069.60 49 TRENCH SAFETY 103 LF $1.00 $103.00 SUB-TOTAL $25,679.50 71 PAYMENT, PERF. &MAINTENANCE BOND 1 LS $6,270.00 $6,270.00 SUB-TOTAL $6,270.00 TOTAL $239,584.95 PHASE 5 1 8"PVC DR 18 3806 LF $13.65 $51,951,90 2 8"GATE VALVE 10 EA $803.00 $8,030.00 3 FIRE HYDRANT ASSEMBLY 5 EA $2,765.00 $13,825.00 4 1"WATER SERVICE W/METER 109 EA $520.00 $56,680.00 5 3/4" IRRIGATION S�RVICE W/METER 1 EA $772.00 $772.00 6 CAST IRON FITTINGS 1.2 TN $3,068.00 $3,681.60 7 CONNECT TO EXISTING 8"STUB-OUT 2 EA $221.00 $442.00 8 END& PLUG 1 EA $163.00 $163.00 9 CONCRETE ENCASEMENT ON 8"WATER 20 LF $45.00 $900.00 10 CONCRETE 5 CY $85.00 $425.00 11 TRENCH SAFETY 3806 LF $0.10 $380.60 12 PRESSURE TEST&CHLORINATION 3806 LF $0.10 $380.60 SUB-TOTAL $137,631.70 21 8"PVC SDR 35 3158 LF $18.95 $59,844.10 22 8"PVC SDR 26 180 LF $16.00 $2,880.00 23 4'DIAMETER STD. S.S.MANHOLE 12 EA $1,845.00 $22,140.00 24 5'DIAMETER STD. S.S. MANHOLE 1 EA $2,851.00 $2,851.00 25 EXTRA DEPTH FOR 4'DIAMETER MANHOLE 24 VF $25.00 $600.00 26 EXTRA DEPTH FOR 5'DIAMETER MANHOLE 6 VF $25.00 $150.00 27 SDR 35 SEWER SERVICE 52 EA $342.00 $17,784.00 28 SDR 26 SEWER SERVICE 54 EA $351.00 $18,954.00 29 CONNECT TO EXISTING 8"SEWER 3 EA $241.00 $723.00 30 END&8"PLUG 1 EA $115.00 $115.00 31 CEMENT STABILISED BACKFILL 180 LF $18.00 $3,240.00 32 TRENCH SAFETY 3338 LF $0.20 $667.60 33 AIR TEST&TV SEWER 3338 LF $0.10 $333.80 34 CONCRETE 5 CY $85.00 $425.00 35 CLAY DAM 7 EA $100.00 $700.00 SUB-TOTAL $131,407.50 41 10'CURB INLET 2 EA $2,580.00 $5,160.00 42 21"RCP CLASS III 41 LF $36.85 $1,510.85 43 27"RCP CLASS NI 155 LF $49.20 $7,626.00 44 6'PILOT CHANNEL 231 LF $41.85 $9,667.35 45 4'X 4'STORM DRAIN MANHOLE 1 EA $2,950.00 $2,950.00 46 CONNECT TO EXISTING 27"RCP 1 EA $200.00 $200.00 47 INLET PROTECTION 2 EA $75.00 $150.00 48 6"GABION MATTRESS 108 SY $84.25 $9,099.00 49 LANDLOK PYRAMAT HPTRM 742 SY $10.50 $7,791.00 50 TRENCH SAFETY 196 LF $1.00 $196.00 SUB-TOTAL $44,350.20 71 PAYMENT, PERF. &MAINTENANCE BOND 1 LS $8,530.00 $8,530.00 SUB-TOTAL $8,530.00 TOTAL $321,919.40 GRAND TOTAL $561,504.35 We have allowed 45 working days for this project. PROVISIONS: 1. Erosion control for stage one inlet protection(inlet bottoms only)is included and all other erosion control and maintenance by others_ 05/16/2007 09:44 FAX 9722869178 IM004/004 2.All underground utility conflicts to be relocated by others_ 3.Proposal based on'utility work being installed prior to any new gas, electric,cable or other utilities. 4.Utility spoils will be�stockpiled onsite at a location approved by owner. 5.Exclusions: a.Tree Protection and Clearing g.Construction Staking, Layout and Surveying b.Landscaping and Sprinklers h.Additional Mobilization c.Traffic Control i. Lab Cost and Water Meters d.Seeding,Sodding and Hydromulching j.Sidewalk and Driveway Removal and Replacement e.Density and Soils Testing k. Inspection Fees&Permits 6.Roadway sub-grade must be+/-0.20 of a foot prior to construction and will be returned to like condition upon completion. 7.Due to uncertain pipe prices,this pricing is valid for 21 days from date above. Signed: Name: J son J iels Title: E e V.P. 05/1G/21307- 14.35_ 2143579171 LH LACY COMPANY PAGE 01/04 i� Lal- u Lecan Company,LL.C,Ganera[Partner Es#inmatlog Department FACSIMILE MANS /T AAL DATE: 5/16/2007 TIME: 2:29 PM TO: GOODWIN&MARSHALL, INC. RECIPIENT'S FAX#: 817-329-4453 ATTN: EDDIE ECKART LACrS FAX NUMBER: FROM: BOBBY GORDON (214)357•31T1 Alt-(214)-35"662 RE: VALLEY BROOK PHASES 4 3,5 NUMBER OF PAGES INCLUDING THIS FORM 4 .IF'YOU ENCOUNTER ANY PROBLEMS IN R ECEMNG THIS TRANSMITTAL OR YOU DID NOT RECEIVE ALL PAGES,PLEASE NOTIFY OUR SENDER AT: (27 4)357-07 46 MESSAGE `05/16/2007 14: 35 2143579171 LH LACY COMPANY PAGE 02/04 Lacy Construction civil Conwotdon As Plannod www.Ihlacy.cp*OB NAME: VALLEY BROOK PHASES 4&5 LOCATION: FORT WORTH BID DATE: 5115/07 BID TIME, 3:00 PM ITEM DID SID NO, DESCRIPTION QTY UNIT UNIT AMOUNT PAVING IMPROVEMENTS PHASE 4 1 6"3500 PSI CONCRETE PVMT 7873 SY $23,00 $181,079.00 2 6"LIME SUBGRADE M84 SY $2.00 $16,768.00 3 HYDRATED LIME(38#/$Y) 125.76 TN $108.00 $13,582,03 4 BARRIER FREE RAMPS 2 EA $954,DO $1,908.00 5 CONNECT TO CONCRETE HEADER 58 LF $11.00 $638.0D 6 4'SIDEWALK 75 LF $12.00 $900.00 SUBTOTAL $214,875.08 PAVING IMPROVEMENTS PHASE 5 1 6"3'500 PSI CONCRETE PVMT 12594 SY $22.87 $288,024.78 2 6"LIME SUBGRADE 13432 SY $2.DD $26,864.00 3 HYDRATED LIME(38#/SY) 201.48 SY $108.00 $21,759,84 4 BARRIER FREE RAMPS 8 EA $964.00 $7,632.00 5 CONNECT TO CONCRETE HEADER 58 LF $11.00 $638.D0 6 4"SIDEWALK 661 LF $12.00 $7,932.00 7 MAINTENANCE BOND 2 YR 1M%) 1 LS $17,503.00 $17,503.00 SUBTOTAL $370,353.62 TOTAL $585,228.70 AGE OTAL 85, 8,70 JOB TOTALS: $586 228.70 i 860 Crown Road P.O.Box 541297 r_214.357,0146 Dallas,T2xal^75234 Dalias,Texas 75354-1297 F,.214,350.0662 05/16/2007 14: 35 2143579171 LH LACY COMPANY PAGE 03/04 _ Lacy Construction civil Construction As Planned www,lhlacy.com This Agreement is Subject to Arbitrations Pursuant To Atticle 226 of the Texas Reviged Civil Statutes Proposal and C.antlract Lennar Haloes of Texas May 16,2001 1.707 Market Place Boulevard, Suite 250 Irving,Texas 75063 L_H.Lacy Company,Ltd.,a Texas Limited Partnership,hcreinaRct'refurred to as"lacy",offers to fumish all labor,materials imd ecluiptnent nxprired for the perrormancc of the Fallowing described work in connection with cotionictian or itrrpnovmnetlts as Follows: Project Name: Valley Brook,Phase 4&5 County: Tarrant Cify: Fort Worth,Texas Properry Owner: Lemar Homes of Texas Engineer; Goodman and Mxrchall,ins. See Attached Schedule of Items and Special Conditions This proposal is conditioned upon owner fini raring being aeecptable to Lacy prior to mobiG7atiom in regard to theFPA NFDES requirements.our proposal and trrycontrad resulting fom this proposal is bass!6n the following: 1.)Owner preparing aorm Water Managemant plans(SWPPP). 2.)Owner filing Notice of Intent with the EPA ag sitc,operatot and perf6rmingdutie4 required by operator. 3-)Owner constructing erosion control devices as requited by the SWPPP plane or eompchsating Lacy at agreed upon prices for doing so. Isoy aRrcrx to maintain erosion control devices const uaa1 byl3cy ditringtho performance of LaLys work.It is hereby agreed Thai upon completion of Lacy's work,I-Roy is no longer responsible ror the mtt5trx ticiu operation or maintenance oftrotion control rct)uircments. The prices givcn herein tueeontingattupon Lacy usinganonsiteeoncrelebatchplant fat the production ofpavingmaterials,Ifarron9itethatdtplantiedisNlocncdfor any reason,brims must be adjusted to.o,over additional wst of commercial rendymix mncit-!d Our prim includes one(1)mobilisation to rompletc nil work quotoi as a continuous opi tion. No consideration for phasing is indoded. The Col)owing items arc for the purposeof gaining it tax exempt status fur this project:t_)Owner must furnish Lacy an exemption certifi late prior to Lary mobil iratiom 2.)The following cl:nr_sc must be included in the contmdr."Title to the mpteriale for the work hereunder will pass to the owner when dct ivered to the jobsite and bcfor+e they are incorporated into the rraltyormcdby the owner orcontractor,Owner intends to don ate the propvtyto the city and/or eoumyand the city andlerwuntyhftnds to accept the propertybcrore the materials wvincorporated intothe realty or used by the owncrar the con"clar." 77utotaIomount bid shalibe separated asfallows: a.)Toth Materials$ b.)'13tal Other Charges$ All commitments for perfomrance by Lacy arc subject to the availabi lityof materials and fuel from regular local commaci.-it sources at approximately the game mats as on the bid datcor unit pricy may be adjusted byl acy. T'hiebid is specifcallybased upon theowtrer providing clear unobstrvded access for our paving equipmcnl at(cast 25 fact from thebaek ofcuth on on*conthlous aide ofdllconcretestrrxtAndalicys- This inducirs,butis not limitorl to,obstructionscaw by firehydmnts,cleanouts,serviees,walls,grade ditCerentiais and poly onlots. lfthia accesx is litniud,Lacy will pass along theadditional ousts to pour bvother means, Payment at the above unit prices shalt be made on octual measured quantities of work performe4(unitas a lump sum payment is cle:uly stated). Partlal paymtnLq shall he made on the estimated quantitic4 by the 1 oa'or the month follov+ing the month in which the work is pc+-formed Ices 10°/h mwinagc Ftilurc to paywithin Ibc time stated excuses of auspcnds all future performance,nt Lacy's option. Final payment including retainage shall be made immediately upon receipt of final billing and interest at the maximum legal rate will be charged on any amnunts unpaid 30 day thereafter-along with rcasonahlcatttmtc}ro fees and collection costs if incurred, Prit—i are valid for 30 cazlcndpr days from the date of this proposal, Prices arc cootingart upon owner's acceptance of lacy terms and conditions har-in. Additinnal lacy Spccial Conditions attached arc hereby tnacie a pars ofthis pmposal. SigttahtrC: L.H.Lacy Company,Ltd. Name/rifle; By:Luton,LLC.General.Partner Date: By: Bobby Gordon, Estimator 1880 Crown Road P.O.Box 541797 T:214.357.0146 hallaq Toa,1:75234 D,11as,Texas 75354-1297 F,214,350,0662 05/16/2007 14:35 2143579171 LH LACY COMPANY PAGE 04/04 I Lac Construction Civil Consvuctlon As Planned vww.thl3ry.com Lacy Special Conditions 1. 'This proposal exclWes the following items; Inspection fee's - Stake Testing - Inlet tops and variable height curb&gutter at inlets Conduit or irrigation sleeves - Relocate and rep)Ace fence - Scedinglsodding(temporary or permanent) - RemQv-As not specifically Quoted - Landscaping - Pavement markings or street signage - Brick pavers - Under cutting or replacement of unsuitable materia) - Tree protection fencing - Erosion Control Devices(installation or maintenance) - Excavation,or grade to drain 2. This proposal is based on owner providing grades at+/-0.I'tolerance prior to our mobilization. 3. This proposal excludes undercutting of pavement subgrade in rock and replacing it witb select material, 4- This proposal is based on Lacy being provided a clear,acceptable area approximately 2 acres in size for the purpose of erecting and operating a portable concrete batch plant onsite. S. Lacy is to be paid for all actual measured quantities of work completed. 6. This bid is based on one(1)subgrade material application and one())final mix. If additional mixing is required above and beyond this,Lacy will be paid additional mixing cost on a unit price basis. 7_ Lacy is not responsible for any extra work due to sulfate conditions in the subgrade. Any additional cost to correct sulfate issues will be passed along to the owner. 8, Adjustments,.in excess of six inches to manholes,water valves and cleanouts constructed by others will be constructed for our cost plus 10 percent Items located outside the paved area are not part of our scope. 9. All backfill material for our curbs will be with available,adjacent material only. No hauling or importing backfill material in included. 10. THIS PROPOSAL IS 13ASED ON LACY HAVING AN UNRESTRICTED SUPPLY OF WATER THROUGHOUT ENTME PROJECT AND AT NORMAL COST, LACY NOT RESPONSIBLE FOR DELAYS DUE TO CITY WATER RESTRICTIONS. It. TINTS PROPOSAL IS BASED ON PLANS DATED 0310112007,BY GOODWIN&MA.RSHALL, INC. 1�80 Crown Road P.D,%C)X S4179 T 21�1.357.0146 Dallas.Tex.;75234 Dall55,Texas 75354-1297 F:216.350.D662 N w J o N w > u o m D S WALL- o o a z rn PR CE- r w -m o KELLER o N o U) HERITAGE KROGER TRACE a PARK VISTA CIRCLE Y PROJE LOCATI PHAS PHASE 5 �IIIDIl f FRANK r PHASE 3 F V = J PHASE 2� �l QO - PHASE I RODEO ��0 S,)RREL pit o r CUTTIN HORSE9 q ARABI N L-' (02, COL T �2p TARRANT WtLSON w o r- 0 0 < a Y 0It 0 a_ = o WALL - PRICE Q WATAU CITY OMIT a SUNDOWN VICINITYMAP N.T.S. VALL"'Y R R�0� ESTAT`9SEV F PlITABIR9 4 CITY OF FORT WORTH9 TEXAS OlInTED/®EVEI.®PED BY: Oe4 PREPARED BY: 9 GOODW T9 CIVIL ENGINEERS-PLANNERS-SURVEYORS - LBN 4AR HOMES OF TDXAS 2405 Mustang Drive,Grapevine,Texas>6051 LAI•ID Al1D CONS'P9tUCTiOIa,LTD. 1707 NIAPJI T PLACE 60LrLEYAP,D,SUffE 250 McUO(617)329-4373 6RVIDiO,TEXAS 75Q53 PHOtJE:469-587-52W 27 FAY:4W587-5221 9 � E:\10152\plans\VoPeyBrookPh4-CFA.pro Fri Jun 01 14 :30:21 2007 0 0 �.r N O $ O 6 eMY tu cmui �O N O m .n Cm CC ® W 5� ZU- e U O t7 7i Lo 3 ct a Ct U U Q � is U U7 O p \ m �! 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