HomeMy WebLinkAboutContract 44713 (2)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"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection with the Improvements.
Developer Information:
Developer Company Name: LNR CPI Presidio, LLC
Address, State, Zip Code: 4350 Von Karman Ave., Suite 200 I Newport Beach, CA 92660
Phone, E-Mail: (949)885-8500 I rkern@starwood.com
Authorized Signatory/Title: Ricard Kern, Vice President
Project Name: Costco at The Presidio
Project Location: 8900 Tehama Ridge Pkwy. - The Presidio Addition, Lot 3R1, 3R2, 3R4 — Block D
Plat Case No.: FS-013-060 Plat Name: The Presidio Addition
Mapsco: 35 A, B, F
Council District: 2 City Project No: 02129
CFA: 2013-44 DOE: 7077
To be completed by staff:
Received by: L���� Date: 1 I1 L'-L 12J
RECEIVED AUG 15 2013
1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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:
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 from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") 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 infrastructure. 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
contractor has 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) Storm Drain (B-1) X , Street Lights &
Signs (C)_.
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E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be administered
in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure 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 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 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 insuring the maintenance
and repair of the constructed infrastructure during the term 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 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, 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 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.
I. 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.
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, whether or not such injuries, death or
damages are caused, in whole or in part, by the alleged negligence of
the City of Fort Worth, its officers, servants, or employees.
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
injuries, death or damages are caused, in whole or in part, by the
alleged negligence of the City of Fort Worth, its officers, servants, or
employees. 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 and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated by the
City
N. Upon completion of all work associated with the construction of the
infrastructure and 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 storm 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. The City's obligation to participate (exclusive of front foot charges) in the
cost of the community facilities shall terminate if the facilities are not
completed within two (2) years; provided, however, if construction of the
community facilities has started within the two year period, the developer
may request that the CFA be extended for one year. If the community
facilities 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 community
facilities if at the end of two (2) years from the date of this Agreement the
community facilities 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 community facilities 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.
v. Notwithstanding the foregoing provisions, if construction of the facilities
described herein is not initiated within the two-year period (as defined above)
due to the failure of the prospective property purchaser (Costco Wholesale),
upon written notice from Developer of such failure to purchase, all
obligations of City and Developer under this Agreement shall terminate and
be of no further force and effect. The ability to terminate this Agreement for
the reasons stated in this subsection may be exercised at any time within the
two-year period. City and Developer will cooperate, one with the other, to
effect any documentation reasonably required by City, Developer, its
contractor, surety or lender to evidence termination of this Agreement for this
reason. Should the City desire, it may require, as a condition to termination of
this Agreement, that Developer vacate the plat associated with the
contemplated project. Alternatively, the parties may, upon mutual agreement,
execute a new Community Facilities Agreement.
Cost Summary Sheet
Project Name: Costco at The Presidio
CFA No.: 2013-044 DOE No.: 7077
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 $ 167,343.00
2. Sewer Construction $ 84,107.00
Water and Sewer Construction Total $ 251,450.00
B. TPW Construction
1. Street $
2. Storm Drain $ 298,904.00
3. Street Lights Installed by Developer $ -
TPW Construction Cost Total $ 298,904.00
Total Construction Cost (excluding the fees): $ 550,354.00
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 5,029.00
D. Water/Sewer Material Testing Fee (2%) $ 5,029.00
Sub -Total for Water Construction Fees $ 10,058.00
E. TPW Inspection Fee (4%) $ 11,956.16
F. TPW Material Testing (2%) $ 5,978.08
G. Street Light Inspsection Cost $
H. Street Signs Installation Cost $
Sub -Total for TPW Construction Fees $ 17,934.24
Total Construction Fees: $ 27,992.24
Choice
Financial Guarantee Options, choose one Amount (ck one ,
'Bond = 100% $ 550,354.00
'Completion Agreement = 100% / Holds Plat $ 550,354.00
'Cash Escrow Water/Sanitary Sewer= 125% $ 314,312.50
'Cash Escrow Paving/Storm Drain = 125% $ 373,630.00
'Letter of Credit = 125% wl2yr expiration period $ 687,942.50
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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, ands id Dev Loper has executed this
instrument in quadruplicate, at Fort Worth, Texas this "'. day of
200 .
CITY OF FORT WORTH - Recommended by:
Water Department
Transportation & Public Works Department
L
Wendy Chi- abulal, E BA, P.E. Dougla . Wiersig, P.E.
Developmen Engineering Manager Director
Approved as to Form & Legality:
Assistant City Attorney
M&C No. all Af
Date:
9
Approved by City Manager's Office
-2-314,40etz
Fernando Costa
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DEVELOPER:
LNR CPI PRESIDIO, LLC,
a Texas limited liability company
By: LNR CPI A&D Holdings, LLC,
a Delaware limited liability company
Its: Member
By: LNR Commercial Property Investment Fund Limited Partnership,
a Delaware limited partnership
Its: Member
By: LNR CPI Fund, GP, LLC,
a Delaware limited liability company
Its: General Partner
Name: Ricard Kern
Title: Vice President
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included 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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PAGE NO.:1 OF 1
HALFF ASSOCIATES, Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
Client: City of Fort Worth Date: 7/9/1013
Project: Costco at The Presidio AVO: 29241
City Project No.:
Project Manager: Pat Buckley File Name: Cost Estimate -Public -Water
Prepared By: CH
ESTIMATE OF PROBABLE COST
Pay BIDLIST
Item Item No.
WATER IMPROVEMENTS
Spec. Section No.
Description
Total Unit Total
Unit Quantity Cost Amount
1 0241.0100 02 41 13 Remove Sidewalk SF 100 $3.00 $300
2 3213.0301 32 13 20 4" Conc. Sidewalk SF 100 $4.00 $400
3 3305.0102 33 05 14 Cathodic Protection Test Station Adjustment EA 1 $610.00 $610
4 3305.0109 33 05 10 Trench SafeLF 2,327 $1.00 $2,327
5 3305.0111 33 05 14 Valve Box Adjustment EA 7 $695.00 $4,865
6 3305.1003 33 05 22 20" Casin_@ By Open Cut LF 145 $70.44 $10,214
7 3305.2003 33 05 24 10" Water Carrier Pipe LF 145 $28.11 $4,076
8 3311.0001 33 11 11 Ductile Iron Water Fittings TON 2.53 $3,000.00 $7,590
9 3311.0041 33 11 10, 33 11 12 4" Water Pipe LF 167 $12.25 $2.046
10 3311.0141 33 11 10, 33 11 12 6" Water Ppe LF 100 $17.44 $1,744
11 3311.0241 33 11 10, 33 11 12 8" Water Pipe LF 250 $22.65 $5,663
12 3311.0341 33 11 10, 33 11 12 10" Water pipe LF 1,665 $28.11 $46,803
13 3312.0001 33 12 40 Fire Hydrant EA 5 $3,144.00 $15,720
14 3312.0105 33 12 25 Connection to Existing 12" Water Main EA 3 $1,544.00 $4,632
15 3312.2203 33 12 10 2" Water Service EA 1 $3,864.00 $3.864
16 3312.2801 33 12 11 3" Water Meter and Vault EA 1 $20,862.00 $20.862
17 3312.3001 33 12 20 4" Gate Valve EA 1 $1,007.00 $1,007
18 3312.3002 33 12 20 6" Gate Valve EA 5 $1.145.00 $5.725
19 3312.3003 33 12 20 8" Gate Valve EA 6 1.527.00 $9,162
20 3312.3004 33 12 20 10" Gate Valve EA 7 $2,108.00 $14,756
21 3312.3005 33 12 20 12" Gate Valve EA 1 $2,478.00 $2,478
22 9999.0010 99 99 10 Relocate Existing Fire Hydrant EA 1 $2,500.00 $2,500
TOTAL $167,343
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this is an estimate
only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately estimate the cost of the
protect, or any part thereof.
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DATE: 07/09/2013
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PAGE NO.:1 OF 1
Client:
Project:
City Project No.:
Project Manager:
City of Fort Worth
Costco at The Presidio
Pat Buckley
ESTIMATE OF PROBABLE COST
Pay
Item
BIDLIST
Item No.
SEWER IMPROVEMENTS
1 3301.0101
2 3301.0002
3 3303.0001
4 3305.0106
5 3305.0109
6 3305.0113
7 3331.4115
8 3339.0001
9 3339.1001
10 3339.1003
Spec. Section No.
33 01 30
33 01 31
33 03 10
33 05 14
33 05 10
33 05 15
33 11 10, 33 31 12, 33 31
33 39 60
33 39 10, 33 39 20
33 39 10, 33 39 20
HALFF ASSOCIATES, Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
Manhole Vacuum Testing
Post -CCTV Inspection
Bypass Pumping
Manhole Adjustment, Major
Trench Safety,
Trench Water Stops
20 8" Sewer Pipe
ERoxy Manhole Liner
4' Manhole
4' Extra Depth Manhole
Description
TOTAL
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this is an estimate
only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately estimate the cost of the
Protect or any part thereof.
Date:
AVO:
7/9/1013
29241
File Name: Cost Estimate -Public -Sewer
Prepared By: CH
Total Unit
Unit Quantity Cost
Total
Amount
EA 4 $500.00 $2.000
LF 1,166 $2.20 $2,565
LS 1 $5,000.00 $5,000
EA 1 $2,085.00 $2.085
LF 1,166 $1.00 $1,166
EA 4 $500.00 $2.000
LF 1,166 $34.80 $40,577
VF 19 $250.00 $4,750
EA 4 $5,216.00 $20,864
VF 31 $100.00 $3,100
$84,107
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PAGE NO.:1 OF 1
HALFF ASSOCIATES, Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
Client: City of Fort Worth Date: 7/9/1013
Project: Costco at The Presidio AVO: 29241
City Project No.:
Project Manager: Pat Buckley File Name::ost Estimate -Public -Storm Drain
Prepared By: CH
ESTIMATE OF PROBABLE COST
Pay BIDLIST
Item Item No.
DRAINAGE IMPROVEMENTS
Spec. Section No.
Description
1 3125.0101 31 25 00 SWPPP >= 1 acre
2 3137 0103 31 37 00 Large Stone Ripra9, grouted
3 3292.0400 32 92 13 Seeing, Hydromu ch
4 3292.0500 32 92 13 Seeding, Soil Retention Blanket
5 3305.0109 33 05 10 Trench Safety
6 3305.0112 33 05 17 Concrete Collar
7 3341.0205 33 41 10 24" RCP, Class III
8 3341.0302 33 41 10 30" RCP, Class III
9 3341.0309 33 41 10 36" RCP, Class III
10 3341.0402 33 41 10 42" RCP, Class III
11 3341.0409 34 41 10 48" RCP, Class III
12 3341.1503 33 41 10 8'x6' Box Culvert
13 3349.0002 33 49 10 15' Storm Junction Box
14 3349.0102 33 49 10 4' Manhole Riser
15 3349.4001 1 33 49 40 I ET, Type I for Box Culverts
16 3441.3502 I 34 41 20 1 Relocate Street Light Pole
Total Unit Total
Unit Quantity Cost Amount
LS 1 $10,000.001 $10.000
SY 101 $103.00 1 $10.403
SY 127 $2.70 $343
SY 316 $5.00 $1.580
LF 1.368 $1.00 $1.368
EA 5 $547.00 $2.735
LF 57 $45.17 $2.575
LF 33 $58.17 $1,920
LF 220 $76.76 $16.887
LF 389 $104.18 $40.526
LF 236 $125.89 $29.710
LF 455 $359.84 $163.727
EA 1 $3.264.00 1 $3.264
EA 2 $4,813.00 1 $9,626
CY 22 $100.001 $2.240
EA 1 $2.000.001 $2,000
ROUNDED TOTAL $298,904
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this is an estimate
only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately estimate the cost of the
proiect, or any part thereof.