2d. Funding Agreement with MnDOT for turn lanes on Hwy 101 at Sandy Hook and Choctaw Circle l
I 4.d,
CITYOF _______
II 111 :4111111r
.
1 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612F937'67' GINS niNG COPY
N R^csived
IMEMORANDUM Revis'.an NI).
'ID: Charles Folch, Asst. City Engineer
Approved by C ty r.c'!I
i Date •2 /
FROM: Dave Hempel, Sr. Engineering Technician Approved by City Cou:cii
DATE: May 1, 1991 Date
1 SUBJ: Approve Cooperative Construction Agreement with MnDC►r for Auxiliary Turn
Lanes on Southbound Trunk Highway 101 at Sandy Hook Road and Choctaw
1 Circle; Project No. 89-26
The attached Cooperative Construction Agreement has been prepared by the
= 1 .Minnesota Department of Transportation (MnD(7r) to address specific
responsiblities with regards to construction and funding. As noted, therein
the State will reimburse the City 100% for the cost of the Trunk Highway 101
right turn lane construction as set forth within this agreement. Related _
1 construction costs in excess of the State's share, if any, will be paid out of
the City's local State Aid Fund No. 415.
IAs the City Council may recall, the City previously received bids back in
September 1990 with anticipation of an executed Cooperative Agreement with
MnDCIT. However, MnDOr was not able to prepare a Cooperative Agreement for this
project due to delays in easement negotiations. In addition, the City only
1 received one bid, which was approximately $13,000.00 higher than the engineer's
estimate. Since that time the necessary easement has been acquired and the
Cooperative Construction Agreement has been prepared consistent with
1 negotiations for the installation of these improvements. Staff has recently
readvertised for bids on this project. The bid opening is scheduled for May 14,
1991 with consideration by the City Council on May 20, 1991.
IIThis improvement project does not include the auxiliary turn lanes on Trunk
Highway 101 at Cheyenne Trail and Pleasant View Road as previously requested by
the City Council on October 8, 1990. MnDC►r's policy for implementing safety
1 related improvements such as auxiliary turn lanes are considered once a year.
Requests for such improvements are formally submitted by municipalities to MnDOT
in May of each year. MnDCT prioritizes the requests according to the level of
1 safety and costs of the project. Written responses with the results are sent
out in August. Staff will be formally requesting these auxiliary turn lanes on
southbound Trunk Highway 101 at Pleasant View Road and Cheyenne Trail this month
for MnDOT's consideration. Construction could tentatively be scheduled for
1
October 1991.
It is therefore recommended that the Cooperative Construction Agreement for S.P.
1 2736-35 (T.H. 101 = 187) be approved and authorized for execution.
Attachment: 1. Cooperative Construction Agreement
1
itotkNESO,.bt Minnesota Department of Transportation
Metropolitan District
Z Transportation Building
ISt. Paul, Minnesota 55155
��yrOF TO. Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
IGolden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
Telephone No. 1"2/'4k4.3
I 41z 4-111
I
I9r Cc t'irt e DR, CITYfeee €: /'# e-#.494vy/P-55A/
C/1hV4i 17/i9 1jC� "'MI ATTENTION: CH17/2 LE5 1�I2 SAS/
I SS 317
STATE PRCUECT: 27 3 SJ' (T. ,V. !p/)
IAGREEMENT NO.: ‘07 E Z 4
TYPE OF AGREEMENT: 6*-l7e'6`°, CC?N S T
I
I .
.=..=
I 1. The original 'L
and copies of this agreement must be signed by the
appropriate city/oeunt-y officials.
IMust bear the city's/eos seal.
I 2. 3 copies of the city's/®e 's resolution designating officers to
execute the agreement must be certified, including seal.
II 3. When this agreement becomes fully executed, one of the copies will be
returned to the city/county.
1 Kindly return the executed agreement and resolutions to:
�han C. cko
I Agreement Specialist
Minnesota Department of Transportation
I 5801 Duluth Street
Golden Valley, MN 55422
1 1 Cebittig7-
MINNESOTA
1.990 An Equal Opportunity Employer
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67824
CITY OF CHANHASSEN •
I
RESOLUTION
BE IT RESOLVED that the City of Chanhassen enter into Agreement No. 67824 I
with the State of Minnesota, Department of Transportation for the following purposes,
to-wit:
I
To provide for payment by the State to the City of the State's share of the costs of
the right turn lane construction and other associated construction to be performed
I
upon and along Trunk Highway No. 101 at Sandy Hook Road and at Choctaw Circle
within the corporate City limits under State Project No. 2736-35 (T.H. 101=187).
I
BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized
and directed to execute such agreement.
1
CERTIFICATION
I
State of Minnesota
County of Carver I
City of Chanhassen
I
I hereby certify that the foregoing Resolution is a true and correct copy of the I
resolution presented to and adopted by the Council of the City of Chanhassen at a
duly authorized meeting thereof held on the day of , 1991, I
as shown by the minutes of said meeting in my possession.
I
City Manager
I
I
I
r
1
' PRE-LETTING
SERVICES STATE OF MINNESOTA AGREEMENT NO.
DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION 67824
AGREEMENT
S.P. 2736-35 (T.H. 101=187)
State Funds
ORIGINAL
Agreement between AMOUNT ENCUMBERED
The State of Minnesota
Department of Transportation, and $41,349.72
' The City of Chanhassen
Re: State cost right turn lane
construction upon and along AMOUNT RECEIVABLE
' T.H. 101 at Sandy Hook Road
and at Choctaw Circle in Mone)
Chanhassen
I
THIS AGREEMENT is made and entered into by and between the State of
' Minnesota, Department of Transportation, hereinafter referred to as
' the "State" and the City of Chanhassen, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
67824 1
WITNESSETH:
WHEREAS the City is about to perform right turn lane construction and
other associated construction upon and along Trunk Highway No. 101 at
Sandy Hook Road and at Choctaw Circle within the corporate City '
limits in accordance with City-prepared plans, specifications and/or
special provisions designated by the City as City Project No. 89-26
and by the State as State Project No. 2736-35 (T.H. 101=187) ; and
WHEREAS all of the right turn lane construction is to be performed 1
within the Trunk Highway No. 101 right-of way limits; and
I
WHEREAS the City has requested participation by the State in the
costs of the right turn lane construction; and
WHEREAS the State will reimburse to the City 100 percent of the costs
of the Trunk Highway No. 101 right turn lane construction as
hereinafter set forth; and
WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes '
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of '
constructing, maintaining and improving the trunk highway system.
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67824
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City shall receive bids and award a construction contract to the
lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State-approved City plans,
specifications and/or special provisions designated by the City as
City Project No. 89-26 and by the State as State Project No. 2736-35
' (T.H. 101=187) . The contract construction shall be performed in
accordance with State-approved City plans, specifications and/or
' special provisions which are on file in the office of the City's
Engineer and in the office of the Commissioner of Transportation at
' St. Paul, Minnesota, and are made a part hereof by reference with the
same force and effect as though fully set forth herein.
' Section B. Documents to be Furnished to the State
The City shall, within 7 days of opening the bids for the
' construction contract, promptly submit to the State's District
Engineer at St. Paul a certified copy of the low bid and an
abstract of all bids together with the City's request for concurrence
by the State in the award of the construction contract. The City
shall not award the construction contract until the State advises the
City in writing of its concurrence therein.
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67824 I
Section C. Cancellation of Agreement
Each party to this agreement reserves the right to withdraw from and
cancel this agreement within 30 days after the opening of bids if
either party determines any or all bids to be unsatisfactory; the
withdrawal from or cancellation of the agreement shall be I
accomplished by either party serving a written notice thereof upon
the other.
Supervision and Inspection
Section D. Direction, Supervl ection of Construction p
The contract construction shall be under the direction of the City '
and under the supervision of a registered professional engineer;
however, the State cost participation construction covered under this ,
agreement shall be open to inspection by the State's District
Engineer at St. Paul or his authorized representatives. The City
shall give the District Engineer five days notice of its intention to
start the contract construction.
1
The responsibility for the control of materials for the State cost
participation construction covered under this agreement shall be on
the City and its contractor and shall be carried out in accordance '
with Specifications No. 1601 through and including No. 1609 as set
forth in the State's current "Standard Specifications for ,
Construction".
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67824
Section E. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
Icontract special provisions. The completion date for the contract
construction may be extended by an exchange of letters between the
appropriate City official and the State's District Engineer for
unavoidable delays encountered in the performance thereof.
Section F. Additional Construction, Plan Changes, Etc.
The State shall not participate in the cost of any contract
construction that is in addition to the State cost participation
iconstruction covered under this agreement unless the necessary State
funds have been encumbered prior to the performance of the additional
' contract construction and the terms and conditions in the following
' paragraph have been met.
All changes in the plans, specifications and/or special provisions
for the State cost participation construction covered under this
agreement and all addenda, change orders and/or supplemental
agreements entered into by the City and its contractor for State cost
participation construction covered under this agreement must be
approved in writing by the State's District Engineer before payment
is made by the State therefor.
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67824 1
Section G. Compliance with Laws, Ordinances and Regulations
The City shall, in connection with the award and administration of '
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, including Minnesota Statute section ,
16B.101, and all applicable ordinances and regulations.
Section H. Right-of-Way. Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and/or any other '
permits and sanctions that may be required in connection with the
contract construction, and shall promptly furnish the State with 1
certified copies of the documents for those rights-of-way, easements,
construction permits and/or other permits and sanctions.
The City shall, within 90 days after the satisfactory completion of
the City-owned utilities contract construction, submit to the I
Director of the State's Pre-Letting Services Section five copies of a
permit application, including "as built" sketches, for all City-owned
utilities constructed upon and within the trunk highway right-of-way. '
Application for permits shall be made on State form "Application For
Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . I
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I 67824
ARTICLE II - BASIS OF PAYMENT BY THE STATE
' Section A. SCHEDULE "I",
A SCHEDULE "I" is attached hereto and made a part hereof by
reference. The SCHEDULE "I" includes all anticipated State cost
' participation construction items and the construction engineering
cost share covered under this agreement.
Section B. State Cost Participation Construction
100 PERCENT
' All of the right turn lane construction to be performed upon and
along Trunk Highway No. 101 at Sandy Hook Road and at Choctaw Circle
within the corporate City limits under State Project No. 2736-35
(T.H. 101=187) . The construction includes, but is not limited to,
' those construction items as described and tabulated on Sheet No. 2 of
the attached SCHEDULE "I".
' Section C. Construction Engineering Costs
The State shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the State participation
construction covered under this agreement.
Section D. Addenda. Change Orders and Supplemental Agreements
The State shall share in the costs of construction contract addenda,
' change orders and/or supplemental agreements which are necessary to
complete the State cost participation construction covered under this
7
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67824 1
agreement and which have been approved in writing by the State's
District Engineer.
Section E. Settlements of Claims
The State shall pay to the City its share of the costs of any '
settlements of claims made with the City's contractor.
All liquidated damages assessed the City's contractor in connection '
with the construction contract shall result in a credit shared by the
State and the City in the same proportion as their total construction ,
cost share covered under this agreement is to the total contract
construction cost before any deduction for liquidated damages. 1
ARTICLE III THE STATE PAYMENT BY H
Section A. Estimate and Advancement of the State's Cost Share '
It is estimated that the State's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
and a $3,000.00 contingency amount is the sum of $41,349.72 as shown
"
in the attached Preliminary SCHEDULE "I". The attached Preliminary
SCHEDULE "I" was prepared using estimated unit prices. Upon receipt I
and review of the construction contract bid documents described in
Article I, Section B. of this agreement, the State shall then decide 1
whether to concur in the City's award of the construction contract '
and, if so, prepare a Revised SCHEDULE "I" based on construction
contract unit prices. The contingency amount is provided to cover ,
8 1
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11 67824
overruns of the plans estimated quantities of State cost
1 participation construction and/or State-approved additional
construction including construction engineering costs.
1
1 The State shall advance to the City the State's total estimated cost
share, less contingency amount, as shown in the Revised SCHEDULE "I"
1 after the following conditions have been met:
1 1. Encumbrance by the State of the State's total estimated cost
share, including contingency amount, as shown in the Revised
ISCHEDULE "I".
1
2. Execution of this agreement and the State's transmittal of same
1 to the City along with a copy of the Revised SCHEDULE "I" and a
letter advising the City of the State's concurrence in the award
1 of the construction contract.
1
3. Receipt by the State of a written request from the City for the
1 advancement of funds. The request shall include certification
by the City that the construction contract has been executed by
1 all necessary parties.
1
Whenever it appears the cost of the State participation construction
Icovered under this agreement is about to exceed the current amount of
encumbered State funds, the City shall notify the State's District
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67824 1
Engineer in writing prior to performance of the additional State cost
participation construction. Notification shall include an estimate
in the amount of additional funds necessary to complete the State '
cost participation construction including construction engineering
costs and the reason(s) why the current amount encumbered will be ,
exceeded. The State shall, upon its approval of the additional State
cost participation construction, submit a request for encumbrance of
the necessary additional funds to the Minnesota Department of
Finance. That action will have the effect of amending this agreement
so as to include the State's share of the costs of the additional ,
construction.
I
Should the City cause the performance of additional contract
construction which would otherwise qualify for State cost
participation covered under this agreement, but for which the State '
has not previously encumbered funds, that additional contract
construction is done at the City's own risk. The City shall notify ,
the State's District Engineer in writing of the additional State cost
participation construction. Notification shall include an estimate
in the amount of additional funds necessary to cover the additional
State cost participation construction including construction
engineering costs and the reason(s) why the current amount encumbered '
was exceeded. If the State approves the additional State cost
participation construction, the City's claim for compensation along
with a request for encumbrance of the necessary additional funds '
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67824
shall be submitted to the Commissioner of Finance for review pursuant
to Minnesota Statute section 16A.15, subdivision 3, but no guarantee
is made that the claim will be approved by the Commissioner of
' Finance. If the Commissioner of Finance certifies the claim for
compensation and the request for encumbrance of the necessary
additional funds therefor, that action will have the effect of
' amending this agreement so as to include the State's share of the
costs of the additional construction.
If the State determines that the submittal of a claim for
compensation is warranted and it is deemed legally necessary to
supplement this agreement, and if the claim is approved and a
supplement to this agreement in connection with the claim is prepared
and processed, the first $3,000.00 of the claim will not be eligible
for payment.
' Section B. Records Keeping and Invoicing by the City
The State shall provide the City with a Payment Processing Package
containing a Modified SCHEDULE "I" form, instructions, and samples of
' documents for processing final payment of the State participation
construction cost covered under this agreement.
1
The City shall keep records and accounts that enable it to provide
the State with the following:
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67824 1
1. A copy of the Modified SCHEDULE "I" which includes final
quantities of State cost participation construction.
i
2. Copies of the City contractor's invoice(s) covering all contract
construction. i
3. Copies of the endorsed and cancelled City warrant(s) or check(s)
paying for all contract construction. '
4 . Copies of all construction contract change orders and/or '
supplemental agreements.
5. A certification form attached to a copy of the Final 1
SCHEDULE "I", both of which shall be provided by the State. The
certification form shall be signed by the City's Engineer in I
charge of the contract construction attesting to the following:
a. The satisfactory performanpe and completion of all contract I
construction in accordance with State-approved City plans,
specifications and/or special provisions. ,
b. The acceptance and approval of all materials furnished for
the State cost participation construction covered under i
this agreement relative to compliance of those materials to
the State's current "Standard Specifications for Construction". I
12 '
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11 67824
c. Full payment by the City to its contractor for all contract
' construction.
6. When requested by the State, copies, certified by the City's
Engineer, of material sampling reports and of material testing
results for the materials furnished for the State cost
participation construction covered under this agreement.
7. A formal invoice (original and signed) in the amount due the
' City as shown in the Final SCHEDULE "I".
As provided by Minnesota Statute section 16B.06, subdivision 4, the
books, records, documents, and accounting procedures and practices of
' the City relevant to this agreement are subject to examination by the
' contracting department or agency, and either the legislative auditor
or the state auditor as appropriate.
Section C. Final Payment by the State
Upon completion of all contract construction, the State shall prepare
11 a Final SCHEDULE "I" based on final quantities of State cost
participation construction and shall submit a copy to the City. If
' the final cost of the State participation construction covered under
this agreement exceeds the amount of funds advanced by the State, the
' State shall promptly pay the difference to the City without interest.
If the final cost of the State participation construction covered
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67824 1
under this agreement is less than the amount of funds advanced by the
State, the City shall promptly return the balance to the State ,
without interest. Procedures relevant to preparation of the Final
SCHEDULE "I" and final payment of the State participation
construction cost covered under this agreement are detailed in the '
Payment Processing Package, which the State shall furnish the City.
Pursuant to Minnesota Statute section 15.415, the City waives claim
for any amounts less than $2.00 over the amount of State funds
previously advanced to the City, and the State waives claim for the
return of any amounts less than $2.00 of those funds advanced by the
State. I
ARTICLE IV - GENERAL PROVISIONS
Section A. Replacement of Castings I
The City shall furnish its contractor with new castings and/or parts
for all inplace City-owned facilities constructed hereunder when ,
replacements are required, without cost or expense to the State.
Section B. Maintenance by the City
Upon satisfactory completion of the storm sewer facilities and City-
owned facilities construction to be performed within the corporate 1
City limits under the construction contract, the City shall provide
for the proper maintenance of those facilities, without cost or
expense to the State. Furthermore, neither party to this agreement '
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11 67824
shall drain any additional drainage into the storm sewer facilities
that was not included in the drainage for which the storm sewer
facilities were designed without first obtaining permission to do so
' from the other party. The drainage areas served by the storm sewer
' facilities constructed under the construction contract are shown in a
drainage area map, EXHIBIT "Drainage Area", which is on file in the
office of the State's District Hydraulics Engineer at Golden Valley
and is made a part hereof by reference with the same force and effect
' as though fully set forth herein.
Section C. Claims
The City at its own sole cost and expense shall defend, indemnify,
save and hold harmless the State and all of its agents, officers and
employees of and from all claims, demands, proceedings, actions or
' causes of action of whatsoever nature or character arising out of or
by reason of contract construction, construction engineering and/or
maintenance covered under this agreement including an action or claim
which alleges negligence of the State, its agents, officers and
employees.
All employees of the City and all other persons employed by the City
in the performance of contract construction, construction engineering
and/or maintenance covered under this agreement shall not be
considered employees of the State. All claims that arise under the
Worker's Compensation Act of the State of Minnesota on behalf of the
' 15
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67824 1
employees while so engaged and all claims made by any third parties
as a consequence of any act or omission on the part of the employees 1
while so engaged on contract construction, construction engineering
and/or maintenance covered under this agreement shall in no way be
the obligation or responsibility of the State. I
Section D. Nondiscrimination 1
The provisions of Minnesota Statute section 181.59 and of any
applicable ordinance relating to civil rights and discrimination
shall be considered part of this agreement as if fully set forth '
herein.
I
Section E. Agreement Approval
Before this agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State I
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative. ,
1
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67824
IN TESTIMONY WHEREOF the parties have executed this agreement by their
Iauthorized officers.
1 DEPARTMENT OF TRANSPORTATION City of Chanhassen
Recommended for approval:
IBy .
/ Mayor
IIBy ,2,,,7 ta
,� 7' Director
Pre-Letting Services Section Date
1
By By
IDistrict Engineer City Manager
II By Date
Deputy Division Director
Technical Services Division
1 DEPARTMENT OF ADMINISTRATION
Approved:
Approved:
1
By
Deputy Commissioner By
of Transportation (Authorized Signature)
i
Date Date
(Date of Agreement)
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
1
By
Special Assistant Attorney General
1 17
1 e
PRELIMINARY SCHEDULE "I"
Agreement No. 67824
City of Chanhassen Preliminary: April 15, 1991
S.P. 2736-35 (T.H. 101=187)
State Funds
Right turn lane construction performed under City Contract with
located on T.H. 101 at Sandy Hook Road and at Choctaw Circle.
STATE COST PARTICIPATION
From Sheet No. 2 $35,509.00
Construction Engineering (8%) 2,840.72
Total State Cost $38,349.72
(1) Contingency Amount 3,000.00
Amount to be Encumbered $41.349.72
(1) For the State's use only as described in the body of the agreement
- 1 -
i MI s I - w NM • - • • i MS = r M I - -
OM M N NM M OM MN MI IMII MN I OM MN E • E I MIMI OM
67824
ITEM S.P. 2736-35 (T.H. 101=187) UNIT QUANTITY UNIT PRICE I C(S)
NUMBER I WORK
ITEM I I (1) I
2021.501 MOBILIZATION LUMP SUM 1.00 1 500.00 1 00.00
TREE 8.00 50.00 400.00
2101.502 CLEARING TREE 8.00 50.00 400.00
2101.507 GRUBBING FT. 60.00 2.00 1
2104.501 REM. SURMOUNTABLE CONC. CURB AND GUTTER LIN. FT. 1 200.00 .50 1220.00 0.00
CU.2104.503 REMOVE BITUMINOUS SURFACE S YD 930 00 2.00 1 600.00
2105.501 COMMON EXCAVATION 484.00 7.50 3 630.00
2211. 501 AGG. BASE CL 5 100 CRUSHED UARRY STONE TON 142 .00 35.00 4 970.00
2331.514 TYPE 31 BASE COURSE MIXTURE TON 72.00 35.00 2 520. 00
2341.508 TYPE 41 WEARING COURSE MIXTURE 44.00 2.00 88.00
2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 1.00 9 002 .00 9 000.00
0412.601 CONSTRUCT KEYSTONE RETAINING WALL LUMP SUM 1.00 400.00 400.00
2501.515 15" R. C. PIPE APRON WITH TRASH GUARD EACH 100.00 24.00 2 400.00
2503 .511 LIN. FT.. 15" R. C. PIPE SEWER PIPE CLASS 5 LUMP SUM 1.00 400.00
400.00
5 4 601 EXTEND EXISTING FIRE HYDRANT LUMP 00 000.00 00 00
2506 509 CONS RUCT CAT ..AS_N DESIGN A EACH 05 602 attllO4Z _ :“4 *_.W.A aallt-4*-4q-+WAl►& :4 gllg-•1kl!MW � k CZM
0 440 00
535.50 UMINOUS CURB IN 688.0 500.00
500
0564 602 INSTALL TRAFF C SIGNS AND POSTS LUMP SUM 280.00 20 56.00
0564 603 4" SOLD INE - WHITE PAINT LIN. FT.
0573 603 SILT FENCE TYPE LIN. FT 00.00 5. 00 500.00
POUND 1.00 00 55 00
2575.502 SEED MIX URE 50 S YD. 760.00 2 00 1 520 00
75 05 SODDING WN
S.
O 00
IIINIIIIIIIIIIM
0 - 0
- 2 -