HomeMy WebLinkAboutContract 46245 Developer and Project Information Cover Sheet:
(Developer Company Name: Komada,LLC
Address, State,Zip Code: 12025 Starcrest Drive, San Antonio,TX 78247
Phone,E-Mail: 210-807-9200 Ext.4,shaun.perez( !Ut .coin
Authorized Signatory/Title:Thomas C.Russell,Area Manager
Project Name and Brief Description:Naval Joint Air Station New Commercial Driveway
Project Location: Intersection of Alta Mere Dr and Ridgmar Meadow Rd
Plat Case No.:N/A Plat Name:N/A
Mapsco: 74A Council District: 3 City Project No: 02347
CFA: 2014-063 DOE: 7285
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OFFICIAL RECORD
CITY SECRETARY
FT, WORTRO TX
1
GOVERNMENTAL ENTITY
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, the undersigned Developer ("Developer") desires to make certain
specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Naval Joint Air Station New
Commercial Driveway("Project") within the City 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 Improvements and 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 or by providing written certification from the
Developer's Chief Financial Officer (or equivalent position regardless of title)
that the Developer has appropriated sufficient funds to pay its contractor for all
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work to be performed under this Agreement. Developer 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 acknowledges
that the said acceptance process requires the Developer's contractor(s) 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 any sub-
contractors and suppliers in full. Additionally, the contractor must also
provide in writing that the contractor has been paid in full by Developer for
all the services provided under their 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) _ , Sewer
(A-1)_, Paving (B)_, Storm Drain(B-1)_, Street Lights & Signal (C) X.
E. The Developer shall award all contracts for the construction of the
Improvements in accordance with Section lI, paragraph 7 of the Policy and the
contracts shall be administered in conformance with paragraph 8, Section lI, of
the Policy.
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 streets and/or 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 Improvements, and a maintenance bond
in the name of the City for one hundred percent (100%) of the contract price
of the Improvements valid for a period of two (2) years from the date of
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final acceptance insuring the maintenance and repair of the constructed
infrastructure during the tern 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 hues 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 an 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 at least 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 until said sewer and water mains and
service lines have been completed to the satisfaction of the Water
Department.
G. Developer shall provide, at its expense, all engineering drawings and
documents necessary to construct the Improvements under this Agreement.
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H. Developer shall cause the installation or adjustment of the required utilities to
serve the development or to construct the Improvements contemplated 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
Improvements 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. Developer will 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.
M. 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
5
- express intended third party beneficiary of such contracts.
N. 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.
O. 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, if one is
submitted, to cause the completion of the construction of the Improvements
if at 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, if one is submitted,
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
6
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)
7
Cost Summary Sheet
Project Name:Naval Joint Air Station New Commercial Driveway
CFA No.: 2014-063 DOE No.: 7285
1
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 $
B. TPW Construction
1.Street $ -
2.Storm Drain $ -
3.Street Lights Installed by Developer $ 38,460.00
4.Street Signal Installed by Developer $ 157,651.00
TPW Construction Cost Total $ 196,111.00
Total Construction Cost(excluding the fees): $ 196,111.00
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 $ 1,538.40
H. Street Signal Inspection Cost $ 6,306.04
Sub-Total for TPW Construction Fees $ 7,844.44
Total Construction Fees: $ 7,844.44
Financial Guarantee Options(Choose one) Amount Mark choice
Bond=100% $ 196,111.00
Completion Agreement=100%/Holds Plat $ 196,111.00
Cash Escrow Water/Sanitary Sewer=125% $ -
Cash Escrow Pavin /Storm Drain=125% $ 245,138.75 j
Letter of Credit=125%w/2 r expiration period $ 245,138.75
Statement of Appropriated Fundin $ 196,111.00
8
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 DEVELOPER
Komada,LLC
On behalf of The United States Navy
Fernando Costa Name: Thomas C.Russel
Assistant City Manager Title: Area Manager
Date: A f//*— Date: November 24,2014
Recommended by:
Water Department Trans ortation&Public Works Department
Not Required Gr
Wendy Chi-Babulal,EMBA,P.E. Doug iersig,P.E.
Development Engineering Manager Directo
N2r&Legality: M&C No.
Date:
Douglas W.Black
Assistant City Attorney
ATTEST: ATTEST: (if required)
M ac� I
jA-
Mary J."Yaryy Name/
City Sec 0 Coco � Governmental Entity:
Leg
OffiCUAL RECORD
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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 hnprovements
❑ Sewer Estimate
❑ Exhibit B: Paving hnprovements
❑ Paving Estimate
❑ Exhibit B-1: Storm Drain Improvements
❑ Storm Drain Estimate
® Exhibit C: Street Lights and Signs Improvements
® Street Lights and Signs Estimate I
(Remainder of Page Intentionally Left Blank)
10
Exhibits
New Commercial Driveway for Naval Air Station
Fort Worth Joint Reserve Base
CP# 02347/File#K-2347/D.O.E.# 7285
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included Attachment
X Exhibit A: Location Ma
X Exhibit B-1: Street Light Improvements
X Exhibit B-2: Street Lights Estimate
X Exhibit C-1: Traffic Signal Improvements
X Exhibit C-2: Traffic Signal Estimate
X Exhibit D: Approved Cover Page Infrastructure Design/
Engine rin Submittal
(Remainder of Page Intentionally Left Blank)
Exhibit D: Approved Cover Page Infrastructure Design /
Engineering Submittal
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Exhibit B-2: Street Lights Estimate
0042 43
DAP-BID PROPOSAL
Page 5 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.3011 2"CONDT PVC SCH 40(T) 26 05 33 LF 566 $9.00 $5,094.00
2 2605.3007 1 1/2"CONDT PVC SCH 80(B) 26 05 33 LF 188 $18.00 $3,384.00
3 3441.1413 NO 6 Bare F,lec Condr SLD 3441 10 LF 18 $1.00 $18.00
4 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 36 $1.00 $36.00
5 3441.1414 NO 8 Bare Elee Condr 3441 10 LF 736 $1.00 $736.00
6 13441.1409 NO 8 Insulated Elee Condr 3441 10 LF 1472 $1.00 $1,472.00
7 2605.0112 Install Elec Sery Pedestal 26 05 00 JEA 1 $4,000.00 $4,000.00
8 3441.3004 Rdwy Illum Assnibly Special(on signal pole) 3441 20 EA 4 $500.00 $2,000.00
9 3441.3501 Salvage Street Light Pole 3441 20 EA 2 $910.00 $1,820.00
10 3441.3411 Reconnect Conductor 344120 EA 1 $1,500.00 $1,500.00
11 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 1 $730.00 $730.00
12 3441.1503 Ground Box Type D,w/Apron 3441 10 EA 1 $750.00 $750.00
13 3441.3301 Rdwy Illum Foundation 3441 20 EA 3 $1,440.00 $4,320.00
14 34413003 Rdwy Illum Assmbly 3441 20 EA 3 $4,200.00 $12,600.00
TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $38,460.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS-DEVELOPER AWARDED PROJECTS
Fonn Version April 2,2014 004243 Bid Proposal_DAP_NAS.xls
Exhibit C-2: Traffic Signal Estimate
0U 42 43
DAP-BID PROPOSAL
Page 6 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. Section No. Measure Quantity
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
1 2605.01 12 Install Elec Sery Pedestal 26 05 00 EA 1 $4,000.00 $4,000.00
2 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 16 $9.00 $144.00
3 2605.3016 2"CONDT PVC SCH 80(B) 26 05 33 LF 121 $18.00 $2,178.00
4 2605.3025 3"CONDT PVC SCH 80(T) 26 05 33 LF 56 $10.00 $560.00
5 2605.3026 3"CONDT PVC SCH 80(B) 26 05 33 LF 353 $20.00 $7,060.00
6 3441.1001 3-Sect Signal Head Assmbly 3441 10 EA 10 $900.00 $9,000.00
7 3441.1003 5-Sect Signal Head Assmbly 3441 10 EA 1 $1,400.00 $1,400.00
8 3441.1220 Furnish/Install Model 711 Preemption Detector 3441 10 EA 3 $785.00 $2,355.00
9 3441.1220 Furnish/Install Model 764 Phase Selector 3441 10 EA 1 $3,800.00 $3,800.00
10 3441.1224 Furnish/Install Preemption Cable 3441 10 LF 602 $2.00 $1,204.00
11 3441.1230 Furnish/Install Radar Presence Detection Device 3441 10 EA 4 $9,000.00 $36,000.00
12 3441.1231 Furnish/Install Radar Advance Detection Device 3441 10 EA 2 $9,000.00 $18,000.00
13 3441.1234 Furnish/Install Radar Cable 3441 10 LF 1,231 $2.00 $2,462.00
14 3441.1315 20/C 14 AWG Multi-Conductor Cable 3441 10 LF 593 $6.00 $3,558.00
15 3441.1320 6/C 14 AWG Multi-Conductor Cable 13441 10 LF 454 $2.00 $908.00
16 3441.1313 8/C 14 AWG Multi-Conductor Cable 13441 10 LF 187 $2.00 $374.00
17 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 310 $1.00 $310.00
18 3441.1414 NO 8 Bare Elec Condr 13441 10 ILF 606 $1.00 $606.00
19 3441.1409 NO 8Insulated Elec Condr 3441 10 LF 1,312 $1.00 $1,312.00
20 3441.1503 Ground Box Type D,w/Apron 3441 10 EA 4 $750.00 $3,000.00
21 3441.1611 Furnish/Install Type 41 Signal Pole 3441 10 EA 1 $3,300.00 $3,300.00
22 3441.1613 Furnish/Install Type 43 Signal Pole 3441 10 EA 1 $3,800.00 $3,800.00
23 3441.1615 Furnish/Install Type 45 Signal Pole 3441 10 EA 2 $5,500.00 $11,000.00
24 3441.1626 Install Mast Arm 16'-36' 3441 10 EA 1 $1,455.00 $1,455.00
25 3441.1627 Install Mast Arm 40'-48' 3441 10 EA 1 $1,900.00 $1,900.00
26 3441.1628 Install Mast Arm 52'-60' 3441 10 EA 2 $2,685.00 $5,370.00
27 3441.1703 TY 3 Signal Foundation 3441 10 EA 1 $2,200.00 $2,200.00
28 3441.1704 TY 4 Signal Foundation 3441 10 EA 1 $2,700.00 $2,700.00
29 3441.1705 TY 5 Signal Foundation 3441 10 EA 2 $2,800.00 $5,600.00
30 3441.1711 Signal Controller Foundation 3441 10 EA 1 $2,495.00 $2,495.00
31 3441.1724 Furnish/Install Controller R Cabinet,Ground MNT 3441 10 EA 1 $13,450.00 $13,450.00
32 3441.2001 Salvage Traffic Signal 3441 13 EA 1 $3,000.00 $3,000.00
33 3441.4001 Furnish/lnstall Alum Sign Mast Ann Mount 3441 30 EA 3 $250.00 $750.00
34 Metro Sign 4 $600.00 $2,400.00
TOTAL UNIT VI:TRAFFIC SIGNAL IMPROVEMENT $157,651.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Fonn Version April 2,2014 0042 43_Bid Proposal_DAP_NAS.xls