HomeMy WebLinkAboutContract 45389 (2)VE] Fzb28Z04G
CITY 8VCRETATV
CONTRACT We
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
City Secretary
Contract No.
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the Improvements.
Developer and Project Information:
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Developer Company Name: Decatur -Angle Ltd.
Address, State, Zip Code: 1000 Throckmorton Street, Fort Worth, Texas 76102
Phone, E-Mail: (817) 392-7540, jesus.chapa@fortworthtexas.gov
Authorized Signatory/Title: Jesus J. Chapa, Assistant General Manager
Project Name and Brief Description: Water, Sewer, Paving and Street Light Improvements to serve
Decatur -Angle Apartments
Project Location: NE Corner of Old Decatur Road and Angle Avenue, Fort Worth TX 76106
Plat Case No.: FS-13-174 Plat Name: Decatur -Angle Apartments
Council District: 2
To be completed by staff
Received by: )(
City Project No: 02228 CFA: 2014-005 DOE: 7185
,;_ --r Date: DI \ D i l Li
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OFFICIAL RECORD
CITY SECRETARY
-� ,, Ft WORTH,rx
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 process requires the
contractor to submit an Affidavit of Bills paid signed by its contractor and Consent
of Surety signed by its surety to ensure the contractorhas, paid the sub -contractor
and suppliers in full. Additionally, the contractor will provide in writing that the
contractor has been paid in full for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by
this Agreement and that said construction shall be completed in a good and
workmanlike manner and in accordance with all City standards and the City -
approved construction plans, specifications and cost estimates provided for the
Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof:, Water (A) -X , Sewer (A-1)
X Paving (B) X , Storm Drain (B-1) _, Street Lights & Signs (C) X .
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 conformance with paragraph 8, Section II, of the Policy.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the followings
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being insured, licensed and bonded to do
work in public streets and/or prequalified to perform water/waste water
construction as the case may be.
ii. To require its contractor to furnish to the City a paymentand performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the Improvements, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the Improvements for
a period of two (2) years insuring the maintenance and, repair of the constructed
infrastructure during the teiiu of the maintenance bond. All bonds to be furnished
before work is commenced and to meet the requirements of Chapter 2253, Texas
Government Code.
iii. To require the contractor(s) it hires to perform the construction work contemplated
herein to provide insurance equal to or in excess of the amounts required by the
City's standard specifications and contract documents for developer -awarded
infrastructure construction contracts. The City shall be named as additional
insured on all insurance required by said documents and same will be evidenced on
the ACORD Certificate of Insurance supplied by the contractor's insurance
provider and bound in the construction contract book
iv. To require its contractor to give 48 hours notice, to the City's Construction Services
it,
Division of intent to commence construction so that City inspection personnel will
be available; and to require the contractor to allow the construction to be subject to
inspection at any and all times by City inspection forces, and not to install or
relocate any sanitary sewer, stoiin drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such laboratory
tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract ,documents submitted to
the City to schedule a Pre -Construction Meeting. The, submittal should occur no
less than 10 working days prior to the desired date of the, meeting. No construction
will commence without a City -issued Notice to Proceed to the Developer's
contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement until said sewer and water mains and service
lines have been completed to the satisfaction of the Water Department.
G. Developer agrees to provide, at its expense all engineering drawings and documents
necessary to construct the improvements required by this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
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 m conflict with any of the community
facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City
harmless for any inadequacies in the preliminary plans, specifications and cost
estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current
and future improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify, hold harmless and defend the City, its officers, agents
and employees from all suits, actions or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection
with the construction, design, performance or completion of any work to be
performed by said Developer, his contractors, subcontractors, officers, agents or
employees, or in consequence of any failure to properly safeguard the work, or
on account of any act, intentional or otherwise, neglect ;or misconduct of said
DEVELOPER, his contractors, sub -contractors, officers, agents or employees.
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 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 infrastructure and.
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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
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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 storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two perdent4(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. If applicable, the City's obligation to participate (exclusive of front foot charges) in
the cost of the Improvements shall terminate if ; the Improvements are not
completed within two (2) years; provided, howevet, , if construction of the
Improvements has started within the two year period, the developer may request
that the CFA be extended for one year. If the Improvements are not completed
within such extension period, there will be no further obligation of the City to
participate. City participation in a CFA shall be subject to the availability of City
funds and approval by the Fort Worth City Council.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two (2) years from the date of this Agreement 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)
Cost Summary Sheet
Project Name. Decatur -Angle Apartments
CFA No.: 2014-005
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
TPW Construction Cost Total
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water/Sewer Inspection Fee (2%)
D. Water/Sewer Material Testing Fee (2%)
Sub -Total for Water Construction Fees
E TPW Inspection Fee (4%)
F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
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/2yr expiration period
DOE No.:7185
Developer's Cost
319,213.50
37,499.50
356,713.00
38,322.50
5,500.00
43,822.50
400,535.50
7,134.26
7,134.26
14,268.52
1,532.90
766.45
220'.Op
2,519.35
16,787.87
Choke
Amount. (ck one)
400,535.50 X
400,535.50
445,891.25
54,778.13
500,669.38
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 q adruplicate, at Fort Worth, Texas this ,i day of
20 . jr
CITY OF FORT WORTH - Reconiniended by:
Water Department
Wendy Cif abulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. b/Q-
Date:
Afl14ST:
ttiMary J. Kayser
City Secretary
ATTEST:
Signature
(Print) Name:
Title:
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DEVELOPER:
Transportation & Public Works Department
Dougla• . Wiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
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NO MC REQUIRED
DECATUR-ANGLE LTD., a Texas limited partnership
By: DECATUR-ANGLE GP LLC, a Texas limited liability
company, its General Partner
By: FORT WORTH HOUSING FINANCE
CORPORATION, a Texas housing finance
corporation, its Sole Member
By:
8
Signature
(Print) Name: Jesus J. Chapa
Title: Assistant General Manager
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OFFICIAI. RECORD
CITY SECRETARY
FT. WORTH, TX
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included
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Attachment
Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
Exhibit B: Paving Improvements
Paving Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
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THE CITY OF FORT WORTH, TEXAS
COST EXHIBITS
DECATUR-ANGLE APARTMENTS
LOCATION MAP
N.T.S.
FORT WORTH
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Feb 17, 2014
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LEGEND
PROPOSED PUBLIC WATER LINE
W EXISTING WATER LINE
F.H. FIRE HYDRANT
DOM. DOMESTIC
IRR. IRRIGATION
PROP. 4" DOM.
METER
PROP. 8" DOM.
STUB
U
PROP. 2" IRR.
STUB & METER
PROP. F.H.
N ` - - - OLD_DECATUR RCO—A-D — 1� --- —
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i \— PROP. F.H.
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PROP. F.H.
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CO
CO
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PROP. 16" WATER LINE
SCALE: 1" = 250'
PROP. 4" DOM.
METER
PROP. 8"
STUB
PROP. F.H.
EX. 54" WATER LINE
CONNECT TO EX.
EX. 54" WATER LINE 16" WATER LINE
EX. 8" WATER LINE
EX. 16" WATER LINE
EXHIBIT A
WATER IMPROVEMENTS
DECATUR-ANGLE APARTMENTS
❑fin IGMey-Hom
� and Associates, Inc.
UNIT PRICE BID
Item No. I Bidlist Item No.
3305.0003
2 3305.0109
3 3305.1104
4 3305.2207
5 3311.0001
6 3311.0061
7 3311.0261
8 3311.0551
9 3311.0561
10 3312.0106
11 3312.2802
12 3312.3001
13 3312.3002
14 3312.3003
15 3312.3006
16 3312.3106
17 3312.4112
18 3312.0001
19 3312.0002
20 3312.1002
21 3312.2203
22 3312.6002
23 3471.0001
8" Waterline Lowering (for sanitary sewer work)
Trench Safety
24" Casing By Other Than Open Cut
24" Water Carrier Pipe
Ductile Iron Water Fittings w/ Restraint
4" PVC Water Pipe
8" PVC Water Pipe
16" DIP Water
16" PVC C905 Water Pipe
Connection to Existing 16" Water Main
4" Water Meter and Vault
4" Gate Valve
6" Gate Valve
8" Gate Valve
16" Gate Valve w/ Vault
16" Cut -in Gate Valve w/ Vault
16" x 8" Tapping Sleeve & Valve
Fire Hydrant
Water Sampling Station
2" Combination Air Valve Assembly for Water
2" Water Service
6" Blow Off Valve
Traffic Control
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS
Form Revised 20120120
SECTION 00 42 43
PROPOSAL FORM (DAP VERSION)
Project Item Information
Description
Specification
Section No.
UNIT I: WATER IMPROVEMENTS
33 05 12
33 05 10
33 05 22
33 05 24
33 11 11
33 11 12
33 11 12
33 11 10
33 11 12
33 12 25
33 12 11
33 12 20
33 12 20
33 12 20
33 12 20
33 12 20
33 12 25
33 12 40
33 12 50
33 12 30
33 12 10
33 12 60
34 71 13
Unit of
Measure
EA
LF
LF
LF
TON
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
MO
00 42 43
BID PROPOSAL
Page 1 of 4
Bidder's Application
Bid Quantity
Bidder's Proposal
Unit Price
$5,000.00.
2055 $1.50
80 $200.00
80 $150.00
3.5 $4,500.00
5 $30.00
80 $60.00
215 $130.00
1755 $81.75
2 $4,000.00
2 $10,000.00
2 $300.00
5 $500.00
3 $800.00
2 $7,000.00
2 $7,500.00
1 $3,000.00
5 $2,000.00
1 $3,250.00
1 $8,500.00
1 $2,500.00
1 $4,500.00
1 $1,500.00
Transfer total to Summary Sheet
Bid Value
$5,000.00
$3,082.50
$16,000.00
$12,000.00
$15,750.00
$150.00
$4,800.00
$27,950.00
$143,471.25
$8,000.00
$20,000.00
$600.00
$2,500.00
$2,400.00
$14,000.00
$15,000.00
$3,000.00
$10,000.00
$3,250.00
$8,500.00
$2,500.00
$4,500.00
$1,500.00
$323,953.75
00 42 43 Bid Proposal Workbook-20140217.xls
by. stephen.gose
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g name: K: \SNA_Civil\068682806\CAD\Exhibits\CFA\E—CFA.dwg
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LEGEND
PROPOSED SEWER LINE
SS EXISTING SEWER LINE
— d w . — — W
_ — — OLD_DECQTUR RO
PROP. MANHOLE
PROP. MANHOLE
CONNECT TO EX.
MANHOLE
EX. 15" SAN. SEW.
SCALE: 1" = 250'
• PROP. 8" SAN. SEW. LINE
EX. 15" SAN. SEW.
EXHIBIT Al
WASTEWATER IMPROVEMENTS
DECATUR-ANGLE APARTMENTS
i
❑�1 Moley-Ham
and Associates, Inc.
UNIT PRICE BID
Item No. I Bidlist Item No.
I
2
3
4
5
6
7
8
9
I0
II
0330.0001
3301.0002
3301.0101
3305.0109
3305.0112
3311.0261
3331.4115
3339.1001
3339.1003
3471.0001
9999.9999
SECTION 00 42 43
PROPOSAL FORM (DAP VERSION)
Project Item Information
Description
Specification ( Unit of
Section No. Measure
UNIT II: SANITARY SEWER IMPROVEMENTS
Concrete Encase Sewer Pipe
Post -CCTV Inspection
Manhole Vacuum Testing
Trench Safety
Concrete Collar
8" PVC Water Pipe
8" Sewer Pipe
4' Manhole
4' Extra Depth Manhole
Traffic Control
Connection to Existing 4' Dia. SSMH
CITY OF FORT WORTII
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
03 30 00
33 01 31
33 01 30
33 05 10
33 05 17
33 11 12
33 31 50
33 39 10, 33
33 39 10, 33 :
34 71 13
9999.9999
CY
LF
EA
LF
EA
LF
LF
EA
VF
MO
EA
00 42 43
BID PROPOSAL
Page 2 of4
Bidder's Application
Bid Quantity
Bidder's Proposal
Unit Price
3 $110.00.
405 $1.00
3 $150.00
405 $1.50
3 $2,000.00
151 $20.00
254 $22.80
3 $3,500.00
8 $250.00
1 $1,500.00
1 2,250.00
Transfer total to Summary Sheet
Bid Value
$330.00
$405.00
$450.00
$607.50
$6,000.00
$3,020.00
$5,791.20
$10, 500.00
$2,000.00
$1,500.00
$2,250.00
$32,853.70
00 42 43 Bid Proposal Workbook-20140217.xls
Drowing name: K: \SNA_Civi1\068682806\CAD\Exhibits\CFA\E—CFA.dwg EXHIBIT B Feb 17, 2014 12:36pm by stephen.gose
1
11
a3
3
09Z = 6 31V3S
J
UNIT PRICE BID
Item No. Bidlist Item No.
I
2
4
5
6
7
8
9
0241.1000
0241.1300
3213.0401
3213.0303
3213.0506
3216.0101
3292.0400
3471.0001
Remove Conc Pvmt
Remove Conc Curb&Gutter
6" Concrete Driveway
6" Conc Sidewalk
Barrier Free Ramp, Type P-1
6" Conc Curb and Gutter
Seeding, Hydromulch
Traffic Control
CIT1 OF FORT NORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fonn Revised 20120120
SECTION 00 42 43
PROPOSAL FORM (DAP VERSION)
Project Item Information
Description
Specification
Section No.
UNIT III• PAVING IMPROVEMENTS
02 41 15
02 41 15
32 13 20
32 13 20
32 13 20
32 16 13
32 92 13
34 71 13
Unit of
Measure
SY
LF
SF
SF
EA
LF
SY
MO
00 42 43
BID PROPOSAL
Page 3 or4
Bidder's Application
Bid Quantity
232
60
1790
3570
Bidder's Proposal
Unit Price
$1.00
$10.00
$9.00
$3.50
1 $1,000.00
135 $5.50
5550 $1.00
1 $1,500.00
Transfer total to Summary Sheet
Bid Value
$232.00
$600.00
$16 110.00
$12 495.00
$1 000.00
$742.50
$5,550.00
$1,500.00
$38,229.50
00 42 43 Bid Proposal Workbook-20140217.xls
Drawing name: K:\SNA_Civil\068682806\CAD\Exhibits\CFA\E—CFA.dwg EXHIBIT C Feb 17, 2014 12:36pm by stephen.gose
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Item No.
UNIT PRICE BID
Bidlist Item No.
SECTION 00 42 43
PROPOSAL FORM (DAP VERSION)
Project Item Information
Description Specification I Unit of
Section No. Measure
UNIT IV: SITE LIGHTING
3441.3301 Rdwy Ilium Foundation TY 1,2, and 4
2 3441.3321 Furnish/Install 40' Wood Light Pole
3 3441.3501 Salvage Street Light Pole
4 3441.3502 Relocate Street Light Pole
5 9999.9999 #6 Duplex Overhead Electric Conductor
WATER IMPROVEMENTS
SANITARY SEWER IMPROVEMENTS
DRAINAGE IMPROVEMENTS
PAVING IMPROVEMENTS
STREET LIGHTING IMPROVEMENTS
TRAFFIC SIGNAL IMPROVEMENTS
Time of Completion
IMPROVEMENTS
34 41 20
34 41 20
34 41 20
34 41 20
EA
EA
EA
EA
LF
00 42 43
BID PROPOSAL
Page 4 of 4
Bidder's Application
Bidder's Proposal
Bid Quantity Unit Price
1 1,750.00
1 750.00
1 400.00
1 2,500.00
10 10.00
Transfer total to Summary Sheet
TOTAL CONSTRUCTION BID
Bidder agrees that the Work will be substantially complete within **** calendar days after the date when the Contract Time
commences to run as set forth by the Developer.
CITY OF FORT \VORTII
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20i20120
Bid Value
$1,750.00
$750.00
$400.00
$2,500.00
$100.00
$5,500.00
$323,953.75
$32,853.70
$38,229.50
$5,500.00
$400,536.95
00 42 43 Bid Proposal Workbook-20140217.xls