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HomeMy WebLinkAboutContract 36065 1 COMMUNITY FACILITIES AGREEMENT THE STATE OF EXAS § City Secretary COUNTY OF TARRANT Contract No&DO WHEREAS, td 11TAutkqV (0, hereinafter called "Developer", desires to make certain imp ovements to Valley Brook Phase V, 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 V 1 '[ CFA 2007061 7j d PIE 06 13 07 a �°� s E. The Developer shall award all contracts for the construction of ommunity facilities in accordance with Section II, paragraph 7 of the olicy. F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section Il, 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, i officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, bV the alleged negligence of the City of Fort Worth, its officers,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. I. 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 V 2 CFA 2007061 06 13 07 K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications land 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, 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 $466,062.16. Valley Brook Phase V 3 CFA 2007061 06 1307 SUMMARY OF COST VALLEY BROOK PHASE V Item Developer City Cost Total Cost Cost + A. Construction $ - 1. Streets $388,135.68 388,135.68 2. Storm Drainage $48,785.22 48,785.22 3. Street Lights' 4% $1,456.00 1,456.00 4. Street Name Signs $1,470.00 1,470.00 B. Engineering Design $C. Construction Engineering and Management by DOE $ $ 4% 17,476.84 17,476.84 D. Materials Testing by DOE $ $ 2% 8,738.42 8,738.42 $ $ TOTALS 466,062.16 $ - 466,062.16 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 V 4 CFA 2007061 061307 IN TESTIMONY REOF, the City of Fort Worth has caused this instrument to be executed in triplicat 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 aaid D velo er has executed this instrument in triplicate,at Fort Worth,Texas this the Lily o ,2007. Approval Recommended: Transportation and Public Works Department Robert G ode, P. E. Director �....._._.�...___4 Cit h NO M&C R1 QUIRED Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secreto—ry= R E C E I V E D . Ap v a-9 to Form• {(� � ssista it Atto ey ATTEST: DEVELOPER KBL II Partners,Ltd. A Texas Limited Partnership ' By: Lennar Texas Holding Company, A Texas Corporation, General Partner Corporate Secretary Ja c Dawson, Vice President Valley Brook Phase V 5 CFA 2007061 06 13 07 L 1L% � - Please follow Signature Authority rules included: Any documents that do not meet the criteria will be returned unapproved. Per LEGAL DEPARTMENT: IF THE DEVELOPER SIGNATURES ON FORMAL & INFORMAL CFAs (COMMUNITY FACILITY AGREEMENT), BONDS1, ESCROW PLEDGES, LETTERS OF CREDIT AND COMPLETION AGREEMENTS DO NOT FALL IN THE FOLLOWING CATEGORIES, THEY MUST HAVE A CORPORATE OR COMPANY BOARD AUTHORIZATION TO SIGN: 1. Corporations (Corp.): Only the President and Vice Presidents of a corporation have apparent authority to bind the corporation to the agreement. A contract document executed by the President or any Vice President is acceptable. If the document is executed by any other person, the same is not acceptable, unless the City has on file a corporate resolution of the board of directors authorizing the individual to execute the documents. 2. General Partnerships(GP): Contract documents may be executed by any partner of general partnership. The signature must be accompanied by the word "Partner". 3. Limited Partnerships(LP): Contract documents may be executed only by the General Partner. The signatures must be accompanied by the words "General Partner". BB of Texas L. P. By Beautiful Buy Homes, Inc. Its General Partner By: John Doe, President (NOTICE THAT THE PRESIDENT IS PRESIDENT OF THE GENERAL PARTNER. HE CANNOT BE PRESIDENT OF A PARTNERSHIP) SEE THE LEGAL REPRESENTATIVE FOR THE DEVELOPER IF THERE IS ANY QUESTION. 4. Limited Liability Partnerships(LLP): Contract document may be executed by any Director/ Managing Partner. The signature must be accompanied by the words "Managing Partner" or "Director". 5. Sole Proprietorships: Contract Documents must be executed by the Owner of the sole proprietorship. The signature must be accompanied by the word "Owner". 6. Limited Liability Company or Corporation (LLC): Contract document may be executed by any President, Vice President, or Manager. 7. Joint Venture: Must have a Managing Agent sign. The signature name should be spelled under the signature and the title placed beside or below it. The documents will be returned until they are done according to legal standards. All persons submitting these types of documents may refer to Peggy Chaney 817-392-8428, Caroline Jones 817-392-7905, for general questions, or to Gary Steinberger 817-392-7615 for authorization questions. Facsimile: 817-392-8359 Revised Per GS/Legal plus Memo&details added 6/14/2005 ENGINEER'S OPINION OF PROBABLE COST Date: 3/13/07 Project: Valley Brook, Phase 5 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. 12,594 $22.87 $288,024.78 2. 6" Subgrade Preparation S.Y. 13,432 $2.00 $26,864.00 3. Hydrated Lime 36#/SY Ton 201.5 $108.00 $21,759.84 4. Barrier Free Ramps Ea 8 $954.00 $7,632.00 5. 4' Sidewalk L.F. 661 $12.00 $7,932.00 6. Connect to Concrete Header L.F. 58 $11.00 $638.00 Paving Subtotal $352,850.62 10% Contingency $351285.06 Paving Total $388,135.68 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: 3/13/07 Project: Valley Brook,Phase 5 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 1. 10' Curb Inlet Ea. 2 $2,580.00 $5,160.00 2. 27" R.C.P. L.F. 155 $49.20 $7,626.00 3. 21" R.C.P. L.F. 41 $36.85 $1,510.85 4. Trench Safety L.F. 196 $1.00 $196.00 5. Connect to Existing Ea. 1 $200.00 $200.00 6. Construct 4' x 4' SDMH Ea. 1 $2,950.00 $2,950.00 7. 6'Pilot Channel L.F. 231 $41.85 $9,667.35 8. 6" Thick Gabion Mattress S.Y. 108 $84.25 $9,099.00 9. Landlok Pyramat BPTRM S.Y. 742 $10.50 $7,791.00 10. Inlet Protection Ea. 2 $75.00 $150.00 Storm Drain Subtotal $44,350.20 10% Contingency $4,435.02 Storm Drain Total $48,785.22 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: 3/13/07 Project: Valley Brook, Phase 5 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. 14 $2,000.00 $28,000.00 2. Street Signs Ea. 7 $100.00 $700.00 3. Street Light Conduit L.F. 5,122 $1.00 $5,122.00 Miscellaneous Subtotal $28,700.00 10% Contingency $2,870.00 Miscellaneous Total $31,570.00 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 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. III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS (4) EA $ 2,600 ($10,400.00) MID-BLOCK RESIDENTIAL (7) EA $ 2,600 ($18,200.00) CHANGE OF DIRECTION RESIDENTIAL (3) EA $ 2,600 ($7,800.00) 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 ($36,400.00) City's Cost $00,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $1,456.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $1,456.00 DEVELOPERS COST: $1,456.00 (for inspection) (Streetlights installed by Tri-County) CFA CODE # 2007061 Valley Brook Estates, Phase V Fort Worth,Texas June 13, 2007 PAGE 1 OF EXHIBIT "C" II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shal' 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 en ineering plans and specifications approved by the Transportation and Public Works Depa ment. 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: $1,456.00 (for inspection) June 12, 2007 CFA CODE # 2007061 Valley Brook Estates, Phase V PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: INTERSECTIONS: Sapphire Pool Tr & Graywolf Ridge Tr 1 Sapphire Pool Tr& Yellow Cedar Tr 1 Fountain Flat Dr & Yellow Cedar Tr 1 Fountain Flat Dr & Dunraven Tr 1 MID — BLOCK: Dunraven Tr 2 Fountain Flat Dr 2 Sapphire Pool Tr 3 CHANGE OF DIRECTION: Fountain Flat Dr & Graywolf Ridge Tr 1 Yellow Cedar Tr & Dunraven Tr 1 Dunraven Tr 1 (streetlights installed by Tri-County) CFA CODE # 2007061 Valley Brook Estates, Phase V PAGE 3 OF EXHIBIT "C" IV STREET NAME SIGNS 1. The Ci of Fort Worth will install the street name signs upon final approv I of the street construction. The street name signs will remain the pro erty 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 six (6) intersections at a cost to the Developer of$1,470.00: Sapphire Pool Tr & Graywolf Ridge Tr Sapphire Pool Tr& Yellow Cedar Tr Fountain Flat Dr & Graywolf Ridge Tr Fountain Flat Dr & Yellow Cedar Tr Fountain Flat Dr & Dunraven Tr Dunraven Tr & Yellow Cedar Tr Valley Brook Estates, Phase V CFA code: 2007061 June 12, 2007 05/16/2007 09:43 FAX 9722869178 Q 002/004 t Four D Construction, Inc. 11200 Old Seagoville Road Balch Springs,TX 75180 Phone: (972)286-0094 FAX: (972)286-9178 ww f.FourDConatructron.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 CITY 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 W1 METER 103 EA $529.00 $54,487.00 5 1 1/2"IRRIGATION SERVICE W/METER 1 EA $1,448.00 $1,448.00 6 CAST IRON 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 T DIAMETER STD. S.S. MANHOLE 1 EA $2,851.00 $2,851.00 25 EXTRA DEPTH FOR 4'DIAMETER MANHOLE 16 VF $25.00 $4D0.00 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 10'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 111 69 LF $48.35 $3,336.15 44 5'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.D0 $400.00 47 INLET PROTECTION 4 'EA $75.00 $300.00 05/16/2007 09:44 FAX 9722869178 9 003/004 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 SERVICE 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 8 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 8 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 STABILIZED 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 III 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 Q 004/004 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+l-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: a V.P. 05/16/2007` 14 i 35_ 2143579171 LH LACY COMPANY PAGE 01/04 oy Laeon Company,LLG,Genera(Partner Estilmattng Department FACSIMILE MANSMITTAL DATE: 5/16/2007 TIME: 2:29 PM TO: GOODWIN&MARSHALL, INC. RECIPIENT'S FAX#: 817-329-4453 ATTN: EDDIE ECKART LACY'S FAX NUMBER: FROM: BOBBY GORDON (214)357-8171 . Alt(214)-350-0662 RE: VALLEY BROOK PHASES 4&5 NUMBER OF PAGES INCLUDING THIS FORM 4 .IF YOU ENCOUNTER ANY PROBLEMS IN RECEPANG THIS TRANSMITTAL OR YOU AID NOT RECEIVE ALL PAGES,PLEASE NOTIFY OUR SENDER AT: J214)357-0146 MESSAGE _05/16/2007 14:35 2143579171 LH LACY COMPANY PAGE 02/04 NLacy Construction Qvil Contortion As Piannod —1h18 y-cg0QB NAME: VALLEY BROOK PHASES 4$5 LOCATION: FORT WORTH BID DATE: 5/15/07 BID TIME: 3:00 PM ITEM BID D 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 8384 SY $2,00 $16,768.00 3 HYDRATED LIME(38#/SY) 125.76 TN $108.00 $13,582.08 4 BARRIER FREE RAMPS 2 EA $954.00 $1,908.00 5 CONNECT TO CONCRETE HEADER 58 LF $11.OD $538.00 6 4'SIDEWALK 75 LF $12.00 $900.00 SUBTOTAL $214,875.08 PAVING IMPROVEMENTS PHASE 5 1 6"3500 PSI CONCRETE PVMT 12594 SY $22.87 $288,024.78 2 6"LIME SUBGRADE 13432 SY $2.00 $26,W4.00 3 HYDRATED LIME(36##/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.OD $638.00 6 4"SIDEWALK 661 LF $12.00 $7,932.00 7 MAINTENANCE BOND 2 YR 100%) 1 LS $17,503.00 $17,503.00 SUBTOTAL $370,353.62 TOTAL $585,228,70 AGE 1 TOTAES: 585, 8,70 JOB TOTALS: $586 226.70 1880 Crowd Road P.O.Box 541297 T,214.357,0146 0811as,Texas 75234 Dallas,Tvas 75354-1297 F,214.350.0662 05/16/2007 14:35 2143579171 LH LACY COMPANY PAGE 03/04 Lag Construction Civil Constructlon As Planned www.lhlacy.com This Agreement is Subject to Arbitrations Pursuant To Ardele 226 of the Texas Revised Civil Statutes Froposal and Contract Lennar Holmes of Texas May 16,2007 1,707 Market Place Boulevard, Suite 250 Irving,Texas 75063 L..14,Laoy Company,Ltd.,a Texas Limited Panncrship,hereinafter referred to as'Lag3%offers to furnish all labor,nwtaials tmd equipment rocprited for the performance of the following described work in connection with constniction or imlorovurnenls as foilows: Project Name Valley Brook,Phase 4&S County: Tarrant City: Fort Worth,Texas Property Owner: Lelnnor Homes of Texas Engineer. Goodman and Marshall,Tnc. See Attached Schedule of Items and Special Conditions This proposal ie aonditionad upon ovmsr Irmancing boron amoptabk to Lacv print to mobilimtion. In regard to theFPA NPAF_S requirements.our proposal and anycaatraa resulting fiom this proposal is hasal on the following;1.)Owner preparing 4orm Water ManaRcrncnt plans(SWPPP). 2.)Owner tiling Notice of Intent with the EPA as site operator and parfortning duties required by operator. 3.)Owner ennslructing erosion control devices wt requited by the SWPPP plane or compensating LAcy at agreed upon prima for doing so. lacy agrees to maintain erosion control devices corwractod by Lacy duringthe performance ofLacy.9 work.It is hereby agtnxd that upon completion ofiacy's work,Lacy is no ionRer for the cotistrxelon4 operation or maintenance oftroeion control requirements_ The prices given herein Are contingent upon Lacy using an onsite concrete batch plant for the production ofpavingmedtrials.Ifan ensiteha t:h plant is disallnvtcd for any reason,prior must be adjusted to cover additional most ofcommercial readymix conarK Our prico includes one(l)mobitintion to complete all work quoted as a eontinuor>_a opn,tion. No consideration for phasing is induced. The following items are for tl+d purpo9"fgaini7rRa tax exempt atawfor this project:1.)Owner must fumish LAcyan memrAion 0"ficateprinrto Lacy mobil imbon, 7.)The following dauxe must be included in the contracts:"Title to the material¢for the work hereunder will pass to the owner wben delivered to the jobsiteond before they are incorporated into the realty or mod by the owner or con traitor.Owncr intends to donate the propvtyto the city and/or courrtyand the cityand/c rcounty intends toacoept the prope'tybcfore the materials ureincorporated intothe rcAltynrusedbytheowncror the contmctor." Tiettotaiomountbidshallbescparntedasfallows: a.)Total Materials$ b.) btal other Charges 4 All commitments for performance by Lacy are subject to the availabi lityof moteriais and fuel from regular local commurvial sources at approximately the mme costa as on the bid dateor unit prices maybe adjustal by Lacy. This bid is speoii tcally bored upon the owner providing clear unabstrwied access for our paving equipment at least 25 fcct from the back ofcuth on one cmrtimrous side of AllconcretestroctAndailoys. Thisincludus,birtisrrotlimitedto,obsrruetionscausedbyfirchydrants..cleanouta,scrviees,walls,grade ditra=tials and poly onlob. If this access is limitai,Lacy will pass along theadditionaI costs to pour hyothtr means. Payment at the above unit prices shall be made on actual measured quantities of work performed(unless n lump sum payment is clearly atetW). Partial paymcikq shall hr mode on the estimated quantities by the 106 of the month followinx the month in which the work is pc-forttled leas 10%r uinagc Failure to pay within the time stated excuses or auspmds all future performance,ru Lacy's option. Final payment including retainage shalt be made immediately upon receipt offinal billing and interest at the maximum legal rote will bt charg*d on any amnunts unpaid 30 da)a thercafter;along with rcasonahlcattomcys fees and collection costs if incurred, Pricen arc valid for 30 calendar days from the date of this proposal. Prices arc cootingant upon ovoer's acceptance of lacy terms and conditions hotip. Additional taq Special Cnnditions attached are hereby made a part ofthis praposal, Signnturc: L.H.Lacy CanTany,Ltd. Namefritle: By:Luton,LLC.General Partner Date: By: - -- -- - Bobby Gordon,Estimator 1880 Crown Road F.O.Box 541297 T.2 14.35 1.0146 nallac Tarn,,75234 Dallas.Texas 75354-1297 F;214.350.066Z 05/16/2007 14:35 2143579171 _ LN LACY COMPANY PAGE 04/04 NLaq Construction Civil ConmuCdan As Planned www.lhl0ry-cnm Lacy Special Conditions 1. This proposal exclr , the following items: Inspection fee's Staking Testing Inlet tops and variable Height curb&gutter at inlets Conduit or irrigation sleeves Relocate and replace fence - Scedirlg/sodding(temporary or permanent) - Removals not specifically quoted - Landscaping - Pavement nnarldngs or street signage Brick pavers Under cutting or replacement of unsuitable material Tree protection fencing Erosion Control Devices(installation or maintenance) Excavation or grado to drain. 2. This proposal is based on miner providing grades at+l-0.F tolerance prior to our mobilization. 3. Thi's proposal excludes undercutting of pavement subgade.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 cosite. 5. 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(I)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 ilIssues will be passed along to the owner. 8. Adjustments,in excess of six inches to manholes,water valves and cleanouts constructed by others will he constructed fariour cost plus 10 percent Items located outside the paved area are not part of our scope. 9. All back-fill material for our curbs will be with.available, adjacent material only. No hauling or importing backftU material in included. 10. THIS PROPOSAL IS BASED ON LACY HAVING AN UNMTRICTED SUPPLY OF WATER THROUGHOUT ENTIRE PROJECT AND AT NORMAL COST. LACY NOT RESPONSIBLE FOR DELAYS DUE TO CITY WATER RESTRICTIONS, It. TIUS PROPOSAL IS BASED ON PLANS DATED 03/0112007,BY GOODWIN&MARSHA.LL, INC. Iago Crown Road P.O,dnx 54129; T 214.357.0146 D011Aa,Texas:75234 N1105,Texas 75354-1297 P 214.350.0662 N W+ J W O 0 S o O z N WALL- o c z o PRICE- } w A Cm KELLER o z o N D N HERITAG KROGER TRACE a PARK VISTA CIRCLE PROJECT LOCATION PHASE S PHASE 4 t f J FRANK PHASE 3 w > J N F- F U = J J PHASE 2�: �H 40 PHASE I RODEO J S RREL �L Y CUTTIN 3 HORSEQ q� ARABI N u 0 COL T p TARRANT w 0 ~ 0 0 0 o a a = o WALL - PRICE Q WATAUGA CITY LIMIT a SUNDOWN VICIN1 TY MAP N.T.S. VAI Din D D��D D IS TAT D� PTH'TASE 5 LOCATED IN 0%74EMEVEMPM BY: PREPARED BY: ar MA SHALL CIVIL ENGINEERS-PLANNERS-SURVEYORS LENNAR HOMES OF TEXAS 2405 Mustang Drive,Grapevine,Texaa 76051 LAND AND CONSTRUC170N,LTD. Metro(817)329-4373 IRVI G,TEX PLACE BOULEVARD.SlUrrE 7-520250 T AY 2007 IRVdNO.TEXAS 75063 PHONE:469-587-5200 �lVll a FAX:469-587-5221 9 E \10152\plans\VolleyBrookPh5-CFA.pro Fri Jun 01 14 26 15 2007 0 > o Ln W `.�d�1 r y W) [.O Oj � •�� In .d 3 N `� � o n L a]SQCl) bz nL P a m 2d ®` °° LL z 6 LU U a 1 0 1 C LL 0 U VRSVHd31{OOlf9 ZLE99ZSO20 M 1NiwnHISNI I AR-MAON LSM '011 'S83N1HVd II 19A O N Ln o : o; o!h � � � . a L � ml co O o �o m x O a T a) Y- — — a uj 3 > r Iv I 0 07 3.41 m a aQ / N m0(jU ^ 04 N M M O lu 0 W m -- -- -- N N JNU Ol(`m0 N ry N of P q M P Om no. - -- -- P W 0 U m z- (� N1 h O Z cc Q .. ..N H m I .. _N � o CcJ N _ , y Yz NQ In N —Q, I---_N ^_ H a) Cy I N O 7 =71 UL N -N NLYAV Nl1Q ado sa cD N N M > Lam— J ..N v •UN10 a W O ON _- R om 0) �y f�xc ace a4 m = b a M:z m: O - PPaa �zww Y./d U W::)S O H ¢Cc, - cc~ul 716(Y L 9� 19 7G 1.{ ?IO �yy I N Y N _ 1 1'3 1'H d E'L9 'lS V '8V0 30ViIH3H 1V SO A3NIA 3H1 30 E N3018 • 101 o N� CU v O LU r �� �� z � � €'u�. % > Q 100=0 0 N IL r- C N ®fi g O p m ®u ® a LL LU 2 N s n a LL 1'J 1'FJ 0 U 2LE99ZSOZ0 M 1N3W0d1SNI A�1IVV/1°�RIILS�it9 '011 'SH3NIHVd II 19N O N M m LLJ 0 m Q cl� cl�Z r p p r o I N C .. _.......__.._.....:...- x �C1 P M N n cn O I b L l Q 0 �n z __ O p ? p � Y�� �Jzl N Ln W O � O F� OJQJU N P M p W W �C9 U d .M i J •-:tea¢ �-- ._ .- M � N N ru .a m N N 0 co cv .. .. .. 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