HomeMy WebLinkAboutContract 47191 (2)r
RECEIVEL)
NOV - 3 2015
Developer and Project Information Cover Sheet:
Developer Company Name:
Lodgestar Investments
Address, State, Zip Code: 6350 Overton Ridge Blvd
Phone & Email: 817-989-7800, april@lodgestar.net
Authorized Signatory, Title: Rakesh Patel, CEo
Project Name and Brief LCG Centreport Phase III
Description:
Project Location:
Plat Case Number:
Mapsco: 56P
None
FP-15 -03 8 Plat Name: LCG Centre Port Phase III Addition
Council District: 5
CFA Number: 2015-092
To be comple 'd ay staff:
Received by:
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 1 of 11
City Project Number: 02666
DOE Number: 7524
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
City Secretary
Contract No.
WHEREAS, Lodgestar Investments, ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto ("Improvements") related
to a project generally described as LCG Centre Port Phase III ("Project") within the City or the
extraterritorial jurisdiction of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS, any future City participation in this CFA is subject to the availability of
City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the
Project.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein, the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby
incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply
with all provisions of said Policy in the performance of its duties and obligations hereunder
and to cause all contractors hired by Developer to comply with the Policy in connection
with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 2 of 11
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by
Developer for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and workmanlike
manner and in accordance with all City standards and the City -approved construction
plans, specifications and cost estimates provided for the Project and the exhibits attached
hereto.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) , Sewer (A-1) ■ , Paving (B) , Storm Drain (B-1) ►1, Street Lights &
Signs (C)
F1
■
E1
E The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in confou nance with paragraph 8, Section II, of the Policy. Developer shall
ensure its contractor(s) pays the then -current City -established wage rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified insured, licensed
and bonded to do work in public ways and/or prequalified to perform
water/wastewater construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the infrastructure for
a period of two (2) years from the date of final acceptance insuring the
maintenance and repair of the constructed infrastructure during the term of the
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 3 of 11
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 Certificate of Insurance (ACORD or other state -
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book..
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contractor to allow the construction to
be subject to inspection at any and all times by City inspection forces, to not
install or relocate any sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed, and to
make such laboratory tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents submitted to
the City in order to schedule a Pre -Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City -issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Depai huent
G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 4 of 11
I. City shall not be responsible for payment of any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the community
facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current and
future improvements provided for by this Agreement.
L The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents and employees
from all suits, actions or claims of any character, whether real or asserted, brought
for or on account of any injuries or damages sustained by any persons (including
death) or to any property, resulting from or in connection with the construction,
design, performance or completion of any work to be performed by said Developer,
its contractors, subcontractors, officers, agents or employees, or in consequence of
any failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, its contractors, sub -contractors,
officers, agents or employees, whether or not such iniuries, 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.
M. Developer will further require its contractors to indemnify, defend and hold harmless
the City, its officers, agents and employees from and against any and all claims, suits or
causes of action of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including death, resulting
from, or in any way connected with, the construction of the infrastructure
contemplated herein, whether or not such iniuries. 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. 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
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 5 of 11
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.
N. Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered into
by the Developer with its contractor along with an assignment of all warranties given by the
contractor, whether express or implied. Further, Developer agrees that all contracts with
any contractor shall include provisions granting to the City the right to enforce such
contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and stonnn drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the construction
contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. Developer shall complete the Improvements within two (2) years, provided,
however if construction of the Improvements has started within the two year
period, the developer may request that the CFA be extended for one additional
year.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial 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 Improvements if at
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 6 of 11
the end of two (2) years from the date of this Agreement (and any extension
period) the Improvements have not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the completion
of the construction of the Improvements or to cause the payment of costs for
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 7 of 11
Project Name:
Cost Summary Sheet
LCG Centre Port Phase III
CFA No.: 2015-092 DOE No.: 7524
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scheduling a pre -construction meeting.
An itemized estimate corresponding to each project -specific exhibit is required to support the
following information.
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total $ 45,190.00
$ 45,190.00
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
$ 56,680.35
$ 5,525.00
$ 4,500.00
TPW Construction Cost Total $ 66,705.35
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. Signals Inspection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Options, choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125% w/2vr expiration period
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 8 of 11
$
111,895.35
903.80
903.80
1,807.60
2,488.21
1,244.11
180.00
$ 3,912.32
$ 5,719.92
Amount
111, 895.35
111,895.35
56,487.50
83,381.69
139,869.19
Choice
(Mark one)
ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH
Jesus J. Chapa
Assistant City Manager
Date: 49 3c"iS
Recommended by:
•
b......-t, r" 'Le c--
Wendy Chi- abulal, EMBA, P.E.
Development Engineering Manager
Water Department
lAkThZ
Douglas . Wiersig, P.E.
Director
Transportation & Public Works Department
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. aditie
Date:
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 9 of 11
DEVELOPER
Lodgestar Investments
Name: Rakesh Patel
Title: CEO
Date: / 0 raR- /
ATTEST: (Only if required by Developer)
Signature
Name:
ATTEST:
`ilar/J. K5/6'r
City Secretary
OFFICIAL RECORD
CITY SECRETARY
F7: WORTH, TX
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included
■
0
■
Attachment
Attachment 1 - Changes to Standard Community Facilities Agreement
Location Map
Exhibit A: Water Improvments
Water Cost Estimate
Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
Exhibit B: Paving Improvements
Paving Cost Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 10 of 11
ATTACHMENT "1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 02666
None
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 11 of 11
360
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WATER, PAVING, STORM DRAIN &
STREET LIGHT IMPROVEMENTS TO SERVE
LCG CENTREPORT PHASE III
(LCG CENTREPORT PHASE III ADDITION, LOT 1-7, BLOCK A)
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CENTREPORT ADDITION
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EXISTING WATER LINE
PROPOSED WATER LINE
EXISTING FIRE HYDRANT ASSEMBLY
EXISTING WATER VALVE
PROPOSED FIRE HYDRANT ASSEMBLY
N PROPOSED WATER VALVE
EXHIBIT A
WATER IMPROVEMENTS
LCG CENTREPORT PHASE III
(LCG CENTREPORT PHASE III ADDITION, LOT 1-7, BLOCK A)
SHEET 1 OF 2
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GRAPHIC SCALE
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LOT 6
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CENTREPORT ADDITION
INST. NO. D211180645
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LEGEND
12"W EXISTING WATER LINE
8"W PROPOSED WATER LINE
EXISTING FIRE HYDRANT ASSEMBLY
N EXISTING WATER VALVE
PROPOSED FIRE HYDRANT ASSEMBLY
PROPOSED WATER VALVE
EXHIBIT A
WATER IMPROVEMENTS
LCG CENTREPORT PHASE III
(LCG CENTREPORT PHASE III ADDITION, LOT 1-7, BLOCK Al
SHEET 2OF2
Lodgestar Construction Preliminary Construction Cost
LCG CentrePort Phase III
CFA NO: 2015-92 j DOE: 7524 j City Project No: 02666 j X No: X-23246 I File No: K-2421
Water Project No: P265 605150266683
Bidlist Item I
No.
3312.0117
3312.3003
3312.3002
3311.0261
3311.0161
3312.0001
3311.0001
3303.0204
3305.0116
Description
Connection to existing 12" water main
8Gate Valve and box
6' Gate Valve and box
8' Water Pipe
6' Water Pipe
Fire Hydrant (3' - 6' Depth)
Ductile Iron Water Fittings w/Restraint
Crushed limestone
Trench Safety
Specification Unit of Bid
Section No. I
Measure Quantity
UNIT I: WATER
33 12 25
33 12 20
33 12 20
33 11 12
33 11 12
33 12 40
33 11 11
33 05 10
33 05 10
EA
EA
EA
LF
LF
EA
TON
CY
LF
Unit Price I Bid Value
1 $2,600.001
2 $1,100.00
2 $1,000.00
930 $25.00
10 $19.00
2 $2,500.00
20 $225.00
100 $32.00
940 $2.39
TOTAL UNIT I: WATER
$2,600.00
$2,200.00
$2,000.00
$23,250.00
$190.00
$5,000.00
$4,500.00
$3,200.00
$2,250.001
$45,190.00I
LOT 1
MOO
LOT 5
EX. 54" RCP -f
EX 42" RCP
LOT 6
PROPOSED
10' CURB INLET
TOP OF EXISTING CURB INLET
BOX TO BE CONVERTED TO
JUNCTION BOX.
REGGIS=GOURT
�\ ...
LOT 2
PROPOSED 35 LF OF 18' RCP
FROM EXISTING INLET TO
PROPOSED 10' CURB INLET
EX. 54" RCP
LOT 7
STATE HIGHWAY 360
0'
EX 48" RCP
II_
100'
GRAPHIC SCALE
EXHIBIT B-1
STORM DRAIN IMPROVEMENTS
LCG CENTREPORT PHASE III
(LCG CENTREPORT PHASE III ADDITION, LOT 1-7, BLOCK Al
EX
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Lodgestar Construction Preliminary Construction Cost
LCG CentrePort Phase III
CFA NO: 2015-92 DOE: 7524 1 City Project No: 02666 1 X No: X-23246 1 File No: K-2421
Water Project No: P265 605150266683
I Bidlist Item
No.
3305.0105
2241.0103
3305.0105
Description
Specification Unit of Bid
Section No. I Measure Quantity
Unit 11: STORM DRAIN
Connect 18" RCP to exist concrete curb inlet 33 05 14
18" CL III RCP 33 41 10
Convert top of exist curb inlet to juct box 33 08 14
EA
LF
EA
Unit Price Bid Value
1 $750.00
35 $65.00
1 $2,500.00
TOTAL UNIT 11: STORM DRAIN
$750.00
$2,275.00
$2,500.00
$5,525.00
LOT 5
100'
GRAPHIC SCALE
LOT 1, BLOCK 107
CENTREPORT ADDITION
INST. NO. D211180645
REGGIS COURT
LOT 6
PROPOSED CONCRETE
DRIVE APPROACH AND
BARRIER FREE RAMPS
11.5' TRAVEL LANE
11.5' TRAVEL LANE
200'
0
LOT 2
LOT 7
PROPOSED CONCRETE
DECELERATION LANE
(14' TOTAL WIDTH)
_L a
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STATE HIGHWAY 360
1
LEGEND
1
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1 ,
1
1
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as
IPROPOSED PAVING
IMPROVEMENTS
EXHIBIT B
PAVING IMPROVEMENTS
LCG CENTREPORT PHASE III
(LCG CENTREPORT PHASE III ADDITION, LOT 1-7, BLOCK A)
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Lodgestar Construction Preliminary Construction Cost
LCG CentrePort Phase III
CFA NO: 2015-92 j DOE: 7524 I City Project No: 02666 I X No: X-23246 1 File No: K-2421
Water Project No: P265 605150266683
Bidlist Item I
No.
0241.1300
3213.0103
3212.0501
3211.0502
3211.0400
3216.0101
3213.0506
3217.0201
3217.0001
3217.1004
3217.1002
3217.0501
3441.4002
3441.4002
3217.2102
3471.0001
9999.0001
3305.0111
Description
UNIT III:
Specification I Unit of I Bid I
Q
Section No. Measure uantity Unit Price I Bid Value
PAVING (STREETS AND SIDEWALKS)
Remove exist concrete curb and gutter
8" (4,000psi) Reinforced Concrete Pavement
4" Asphalt Stabilized Base (Type D)
8" Lime Stabilized Subgrade
Hydrated Lime for Stabilized subgrade
6" Monolithic integral curb
Barrier free sidewalk ramps - TXDOT type 7
8' Thermoplastic
4' Thermoplastic
Thermoplastic only
Thermoplastic arrow
Thermoplastic stop bar
Install stop sign per TXDOT standards
Install one way sign per TXDOT standards
Buttons
Traffic Control
Erosion Control
Relocate and adjust irrigation control
02 41 15 LF
32 13 13 SY
32 1129
32 1129
32 11 29
32 1613
32 13 20
32 17 23
32 17 23
32 17 23
32 17 23
32 17 23
34 4130
34 41 30
32 17 23
34 71 13
3125 00
33 05 14
SY
SY
TON
LF
EA
LF
LF
EA
EA
EA
EA
EA
EA
MO
LS
EA
I
288 $1.80
256 $127.66
256 $42.37
256 $10.37
7 $126.17
425 $3.04
2 $1,136.16
285 $2.75
400 $1.11
1 $310.00
3 $256.00
1 $243.13
1 $460.00
1 I $460.00
20 $4.01
1 I $1,585.40
1 I $0.00
1 $0.00
TOTAL UNIT III: PAVING (STREETS AND SIDEWALKS)
$518.40
$32,680.96
$10,846.72
$2,654.72
$883.19
$1,292.00
$2,272.32
$783.75
$444.00
$310.00
$768.00
$243.13
$460.00
$460.00
$80.20
$1,585.40
$0.00
$0.00
$56,282.79
EX 42" RCP
LOT 5
0'
100'
GRAPHIC SCALE
200'
FIEGGI&GOUI3I
CI
LOT 2
EXISTING STREET LIGHT POLE
AND BASE TO BE REMOVED.
UNDERGROUND ELECTRICAL
CONDUIT TO BE EXTENDED TO
NEW LIGHT POLE LOCATION.
11
II
II
EX 48' RCP
L
EX 54" RCP
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LOT 6 LOT 7 ! N ¢ o
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PROPOSED STREET LUMINAIRE ' o o vi
FONDATION AND POLE PER CITY 1 z z
STANDARDS. (LOCATED AT PC OF 1 i I o
PROPOSED CURB RETURN) 2
1
1 `-' =
__ __ 7 J
__ , ,,
STATE HIGHWAY 360
LEGEND
c PROPOSED STREET LIGHT
EXHIBIT C
STREET LIGHT IMPROVEMENTS
LCG CENTREPORT PHASE III
(LCG CENTREPORT PHASE III ADDITION, LOT 1-7, BLOCK A)
Lodgestar Construction Preliminary Construction Cost
LCG CentrePort Phase ID
CFA NO: 2015-92 1 DOE: 7524 1 City Project No: 02666 1 X No. X-23246 l File No: K-2421
Water Project No: P265 605150266683
Bidlist Item I
No.
9999-0002
3441.3502
3441.3301
2605,3012
Description
Specification IUnit of BidSection No. Measure Quantity
UNIT IV: STREET LIGHTING
Remove existing light pole and pole base
Relocate street light per city standards
Concrete base per city standards & specs
2" Schedule 40 PVC conduit & wire extensions
02 41 14 EA
02 41 14 EA
03 30 00 EA
26 05 43 LF
1
1
1
25
TOTAL UNIT IV: UNIT IV: STREET LIGHTING
Unit Price I Bid Value
$1,050.00
$500.00
$1,450.00
$60.00
$1,050.00
$500.00
$1,450.00
$1,500.00
$4,500.00