HomeMy WebLinkAbout8.c. Traffic Control for Highway 3 at County Road 42:1
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: February 18, 1992
AGENDA ITEM:
Traffic Control Agreement for
AGENDA SECTION:
Highway 3 at
County Road 42
New Business
PREPARED BY:
Ron Wasmund&
AGENDA
Public Works
Director/Building Official
1"M # 8CE
ATTACMlENTS :
Copy of Agreement
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The Minnesota Department of Transportation (MNDOT) is going to reconstruct Highway 3 from a pint approximately 100
feet south of 160th Street West to a point approximately 700 feet north of County Road 42. This construction will take
place this summer with the bids anticipated to be let in March or April of 1992.
As part of the project, the intersection of Highway 3 and County Road 42 will be completely rebuilt. Along with this
reconstruction this intersection will be equipped with traffic control signals. The cost of the signalization will be shared
between the State, County and City. The City's share will be 25% of the estimated $105,000 cost or approximately
$26,250. This expense has not been budgeted for separately in operation budget, but has been anticipated as a MSA
expense. This is an eligible MSA expenditure.
The agreement as presented also has provisions for an Emergency Vehicle Pre-emption System (EVP) which allows for
our emergency vehicles control of the signal and override the regular timing sequence. This would be provided at an
expense of approximately $9,000. The City would be responsible for 100% of those costs. I have discussed the EVP
system with Fire Chief Aker and Police Chief Knutsen. While it is a desireabie feature for this intersection as well as all
other signalized intersections, it has been decided that the expenditure for the EVP system is premature at this time.
In order to activate the EVP it is necessary to have an emitter in an emergency vehicle. None of our vehicles currently
have those emitters. They currently run approximately $1,000 for each vehicle. This expense has not been budgeted for
in 1992 so the decision has been made to wait and budget for the EVP system and emitters in future budget years.
At this point in time as part of the signal project we will have the State provide space in the controller cabinet for the EVP
control, install the infrared sensor mounts on the mast arms and install the detector loops within the pavement. This
practice has been used by us in other signalization projects such as Shannon Parkway and County Road 42. This part
of the EPV system contributes an insignificant cost to the project.
The terms of the agreement will remain essentially the same except for the omission of any reference to the E.V.P.
system and its associated cost. I have contacted the DOT and informed them of our decision not to install the EVP
system. They will draft a new agreement for signatures.
If you are in agreement with the concept of participation and the project then I recommend your approval of the
agreement. The State will deliver a new agreement next week for signatures.
I would be happy to answer any questions you have regarding this item.
RECOMMENDED ACTION: Motion t
between MNDOT, Dakota County
County Road 42 with payment
M.S.A. funds.
COUNCIL ACTION:
10
o authorize execution of an agreement
and the City for signalization of Hwy 3 at
of the City's share to be dispersed from
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 69168
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF DAKOTA
AND
THE CITY OF ROSEMOUNT
TO
Install a new Traffic Control Signal with Street Lights,
Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 3
at County State Aid Highway No. 42 (150th Street West) in
Rosemount, Dakota County, Minnesota.
S.P. 1921-50
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
County of Dakota $27,825.00
City of Rosemount $37,365.00
AMOUNT ENCUMBERED
None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", and the County of Dakota, hereinafter
referred to as the "County", and the City of Rosemount,
hereinafter referred to as the "City", WITNESSETH:
WHEREAS, Minnesota Statute 161.20 authorizes the
Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
construction, maintaining and improving the Trunk Highway system;
and
WHEREAS, the State has determined that there is
justification and it is in the public's best interest to install'
a new traffic control signal with street lights, emergency
vehicle pre-emption and signing on Trunk Highway No. 3 at County
State Aid Highway No. 42 (150th Street West) and
WHEREAS, it is considered in the public's best interest
for the State to provide a new cabinet and control equipment to
operate said traffic control signal; and
WHEREAS, the City requests and the State agrees to
provide an Emergency Vehicle Pre-emption System, hereinafter
referred to as the "EVP System", as a part of the traffic control
signal with street lights installation in accordance with the
terms and conditions hereinafter set forth; and
69168
- 1 -
WHEREAS, the materials, equipment, labor and
miscellaneous items necessary to operate, maintain, revise and
remove said EVP System shall be at the sole cost and expense of
the City; and
WHEREAS, the County, City and State will participate in
the cost, maintenance and operation of the traffic control signal
with street lights, EVP System, and signing as hereinafter set
forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall prepare the necessary plan,
specifications and proposal which sh@Lll constitute "Preliminary
Engineering". The State shall also perform the construction
inspection required to complete the items of work hereinafter set
forth, which shall constitute "Engineering and Inspection" and
shall be so referred to hereinafter.
2. The contract cost of the work or, if the work is
not contracted, the cost of all labor, materials, and equipment
rental required to complete the work, except the cost of
providing the power supply to the service pole or pad, shall
constitute the actual "Construction Cost" and shall be so
referred to hereinafter.
3. Costs for EVP System control and interface
equipment, cables, detectors and lights for the new traffic
69168
- 2 -
control signal provided for herein shall be paid by the City at
its sole cost and expense.
4. The State with its own forces and equipment or by
contract shall perform the traffic control signal work provided
for under State Project No. 1921-50 on Trunk Highway No. 3 at
County State Aid Highway No. 42 (150th Street West) with the
Construction Costs shared as follows:
a. Install a new traffic control signal with
street lights. Estimated Construction Cost
is $105,000.00 which includes State furnished
materials. Antipipated State's share is 50
percent. County's share is 25 percent.
City's share is 25 percent.
b. Install EVP System. Estimated Construction
Cost is $9,000.00 which includes $6,000.00 of
estimated State furnished materials costs
(EVP System control and interface equipment).
City's share is 100 percent.
5. The State shall install or cause the installation
of overhead signing and shall maintain said signing all at no
cost to the County or City.
6. Upon execution of this agreement and a request in
writing by the State, the County and the City shall each advance
69168
- 3 -
to the State an amount equal to their portion of the project
costs. The County's and the City's total portion shall consist
of the sum of the following:
a) The County's and City's respective share (as
specified in Paragraph 4) based on the actual
bid prices and the estimated State furnished
materials costs.
b) Six (6) percent of each respective share
[Item (a) above] for the cost of Engineering
and Inspection.
7. Upon completion and final acceptance of the
project, the County's and City's final share shall consist of the
sum of the following:
a) The County's and City's respective share (as
specified in Paragraph 4) based on the final
payment to the Contractor and the actual
State furnished materials costs.
b) Six (6) percent of each respective final
share [Item (a) above] for the cost of
Engineering and Inspection.
The amount of the funds advanced by the County and City
in excess of the County's and City's final share will be returned
to the County and City without interest and the County and City
69168
- 4 -
agrees to pay to the State that amount of their final share which
is in excess of the amount of the funds advanced by the County
and City.
8. The County and the City shall jointly be
responsible for the installation of an adequate electrical power
supply to the service pad or pole, and for providing the
necessary electrical power for the operation of the new traffic
control signal installation, at the shared costs of 50 percent
County and 50 percent City. The County shall receive the bill
for the installation of the electrical power supply and the
monthly electrical bill for the new traffic control signal, and
invoice the City for 50 percent of the costs.
9. Upon completion of the work contemplated in
Paragraph 4a hereof, responsibility for the new traffic control
signal with street lights is as follows: a) It shall be the
County's responsibility, at its cost and expense, to relamp the
traffic control signal, and clean and paint the traffic control
signal, cabinet and luminaire mast arm extensions; b) It shall be
the City's responsibility, at its cost and expense, to maintain
the luminaires and all its components, including replacement of
the luminaire if necessary, and to relamp and provide necessary
electrical power for the operation of the street lights; and c)
It shall be the State's responsibility, at its cost and expense,
69168
— 5 —
to perform all
other traffic control signal and street light
maintenance.
10.
The EVP System provided for in Paragraph 4b hereof
shall be installed, operated, maintained, revised or removed in
accordance with the following conditions and requirements:
a.
All modifications, revisions and maintenance of
the EVP System considered necessary or desirable,
for any reason, shall be done by State forces, or,
upon concurrence in writing by the State's Traffic
Engineer, may be done by others all at the cost
and expenses of the City.
b.
Emitter units may be installed and used only on
vehicles responding to an emergency as defined in
Minnesota Statutes Chapter 169.01, Subdivision 5
and 169.03. The City will provide the State's
Assistant District Engineer or his duly appointed
representative a list of all such vehicles with
emitter units.
C.
The City shall maintain and require others using
the EVP System to maintain a log showing the date,
time and type of emergency for each time the
traffic signal covered hereby is actuated and
controlled by the EVP System and that said logs
69168
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shall be made available to the State upon request.
Malfunction of the EVP System shall be reported to
the State immediately.
d. In the event said EVP System or components are, in
the opinion of the State, being misused or the
conditions set forth in Paragraph b. above are
violated, and such misuse or violation continues
after receipt by the City of written notice
thereof from the State, the State shall remove the
EVP System. Upon removal of the EVP System
pursuant to this Paragraph, the field wiring,
cabinet wiring and other components shall become
the property of the State. All infrared detector-
heads
etectorheads and indicator lamps mounted external to the
traffic signal cabinet will be returned to the
City. The detector receiver and any other
assemblies located in the traffic control signal
cabinet, which if removed will not affect the
traffic control signal operation, will be returned
to the City.
e. All timing of said EVP System shall be determined
by the State through its Commissioner of
Transportation.
69168
— 7 -
11. Upon proper execution by the County, City and the
State, the EVP System for the traffic control signal on Trunk
Highway No. 3 at County State Aid Highway No. 42 (150th Street
West) shall become a part of the Signal Maintenance Agreement No.
69216-R between the City and the State covering operation,
revision, maintenance and removal of EVP Systems by State forces
at the cost and expense of the City.
12. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the County or City and any and all claims that may or might arise
under the Worker's Compensation Act pf this State on behalf of
said employees while so engaged, and any and all claims made by
any fourth party as a consequence of any act or omission on the
part of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the County or City. The State shall not be
responsible under the Worker's Compensation Act for any employees
of the County or City.
13. Timing of the traffic control signal provided for
herein shall be determined by the State, through its Commissioner
of Transportation, and no changes shall be made therein except
with the approval of the State.
69168
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COUNTY OF DAKOTA
APPROVED AS TO FORM:
By
County Attorney Chairman of the Board
Dated
RECOMMENDED FOR APPROVAL:
(County Seal)
By
County Highway Engineer County Auditor
a
CITY OF ROSEMOUNT
APPROVED AS TO FORM:
By
City Attorney Mayor
(City Seal)
By
City Administrator -Clerk
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
By
Assistant District Engineer Assistant Commissioner
Operations Division
Dated
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINLSTRATION
By
Assistant Attorney
General—State of Minnesota
Dated
69168
10 -
RESOLUTION
BE IT RESOLVED that the City of Rosemount enter into an
agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit:
To install a new traffic control signal with street
lights, emergency vehicle pre-emption and signing on
Trunk Highway No. 3 at County State Aid Highway No. 42
(150th Street West) in accordance with the terms and
conditions set forth and contained in Agreement No.
69168, a copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be
and hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the City all of the contractual
obligations contained therein.
CERTIFICATION
State of Minnesota
County of Dakota
City of Rosemount
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted by
the Council of the City of Rosemount at a duly authorized meeting
thereof held on the day of , 1992, as
shown by the minutes of said meeting in my possession.
City Administrator -Clerk
(Seal)
�b
�9 D
Prepared by:
Utilities Agreements Unit
(Receivable)
($24,149.77)
S.P. 1921-45 (T.H. 3)
Dakota County
T.H. 3 from 1.0 Mile South of
CSAH 42 to 0.25 Mile North of
CSAH 42
City of Rosemount
Agency Agreement No. 59162
AGENCY AGREEMENT
THIS AGREEMENT, made by and between the State of Minnesota,
acting by and through its Commissioner of Transportation, hereinafter referred to as
the "State," and the City of Rosemount, hereinafter referred to as the "Utility".
WITNESSETH THAT:
WHEREAS, the State is preparing plans and specifications and proposes
to let a contract for the construction of Trunk Highway 3, said project being identified
in the records of the State as S.P. 1921-45; and
WHEREAS, the Utility desires to relocate water main and sanitary
sewer, hereinafter referred to as the Utility System; and
WHEREAS, the Utility is not staffed or equipped to perform such
construction at this time, and a separate contract to be let by the Utility for the Utility
System construction would result in interference with the operations of the State's
contractor and would not be in the best interest of the State, the Utility has requested
Agency Agreement No. 69162
that the Commissioner of Transportation act as its agent for the purpose of
constructing said Utility System; and
WHEREAS, the Commissioner has determined that including said
Utility System in the State's construction contract would eliminate possible duplication
of services and would facilitate coordination of activities so as to generally simplify
and expedite the supervision and construction of the trunk highway construction
project and would be in the best interest of the State; and
WHEREAS, state law requires a written agreement between the State
and the Utility setting forth their separate responsibilities in accomplishing the Utility
System work:
NOW, THEREFORE, IT IS AGREED:
ARTICLE 1. AGENCY APPOINTMENT AND CONSTRUCTION PLANS
Pursuant to Minn. Stat. § 161.45, subd. 2, the Utility in connection with
the construction of the aforesaid portion of Trunk Highway 3 does hereby appoint the
Commissioner of Transportation as its agent to prepare final plans and specifications,
advertise for bids, award the contract and construct said Utility System in accordance
with plans and specifications designated as State Project 1921-45 which are on file in
the Office of the Commissioner of Transportation at Saint Paul, Minnesota. Said plans
and specifications are made a part hereof, with the same force and effect as though
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Agency Agreement No. 69162
fully set forth herein.
The Utility (through the State) agrees to submit to the Minnesota
Pollution Control Agency (MPCA) the plans and specifications for the construction or
reconstruction of its sanitary sewer facilities covered by this agreement and to obtain,
pursuant to Minn. Stat. § 115.07, subd. 1 and Minn. Rules pt. 7001.1030, subps. 1 and
2C, either a permit or written waiver from the MPCA for that work to be performed
by others pursuant to this contract. When MPCA issues that permit or waiver, the
City will promptly furnish the Minnesota Department of Transportation a copy of that
permit or waiver so that the work may be performed by the state contractor. The
Utility is advised that pursuant to Minn. Rules pt. 7001.1040 a written application for
the permit or waiver must be submitted to the MPCA at least 180 days before the
planned date of the sanitary sewer facility construction or reconstruction.
PLAN CHANGES
If a change in plan or character of work is required to complete the
Utility System satisfactorily, the Utility and the State or their authorized
representatives shall agree to such change before entering into a supplement to the
construction contract or the agreement. A supplemental agreement between the State
and the Utility will be entered into for both the agreed change and division of cost
-3-
Agency Agreement No. 69162
upon receipt of written approval from the Utility to commence such work.
ARTICLE 2. -:AGENCY CONSTRUCTION
The construction of said Utility System shall be under the supervision
and direction of the State, but the work may be inspected periodically by the Utility's
authorized representative. If the Utility believes the work has not been properly
constructed or that the work is defective, the Utility shall inform the State's Project
Engineer in writing of such defects. Any recommendations made by the Utility
regarding the Utility System work performed under this agreement are not binding on
the State. The State shall have the exclusive right to determine whether the Utility
System work has been satisfactorily performed by the State's contractor. All work
shall be performed in substantial accordance with the approved plans. The State's
Project Engineer shall make a final inspection with an engineer designated by the
Utility, and the State shall advise the Utility in writing when it has accepted the
installation.
When the State accepts the Utility System, it shall become the property
of the Utility. Risk of loss of partial or complete Utility System construction shall be
on the State's contractor or the Utility as provided in Standard Specification 1716,
Minnesota Department of Transportation Standard Specifications for Construction,
1988 Edition. The maintenance of said Utility System and appurtenances thereto shall
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Agency Agreement No. 69162
be performed by the Utility without cost or expense to the State.
ARTICLE 3. - AGENCY PAYMENT
The actual cost of said installation shall be determined on a contract
unit price basis. The Utility hereby authorizes the Commissioner of Transportation, as
its agent, to pay the State's contractor directly for said installation.
The Utility agrees to pay to the State the "Total Cost" incurred by the
State in the construction of said Utility System. Total Cost as referred to shall consist
of.
1. Construction Cost; All bid item costs received from the successful
bidder involved to satisfactorily construct said Utility System according
to the plans, specifications and special provisions.
2. Construction Engineering, A sum equal to 8% (percent) of the
Construction Cost.
3. Design Engineering; A sum equal to 6.5% (percent) of the Construction
Cost.
It is estimated that said cost of the Utility's share of the work hereinunder and
based on the Estimating Unit Engineer's estimate as shown on Exhibit "B", will be Twenty
Four Thousand One Hundred Forty Nine and 77/100 Dollars ($24,149.77).
-5-
Agency Agreement No. 69162
It is contemplated that all of said work as provided for in said plans,
specifications and special provisions in the aforesaid construction of Trunk Highway 3 is to
be done by contract basis.
Immediately following the State's bid opening procedures the Utility will be
notified of the Total Cost. Upon receipt of written notification, the Utility has ten calendar
days to accept or reject the Total Cost as shown on the transmitted "Cost Schedule". If
written notice has not been received within the prescribed ten calendar days, this shall
constitute acceptance by the Utility and the State shall proceed in the same manner as if
having received the Utility's written acceptance of said Total Cost.
The Utility agrees to advance to the Commissioner of Transportation said sum
as approved on the transmitted Cost Schedule forthwith upon the awarding of the construction
contract and upon receipt of a request from the State for such payment. Upon completion
and acceptance of the work provided for in said contract by the State, and the preparation by
the State of a final computation determining the amount due the contractor performing the
work, the Commissioner shall determine and compute the amount due the Trunk Highway
Fund of the State of Minnesota hereunder from the Utility. After the Commissioner has
determined as aforesaid the actual amount due from the Utility, he shall apply on the payment
thereof as much as may be necessary of the aforesaid funds advanced by the Utility. If the
amount found due from the Utility shall be less than the amount of the funds advanced, then,
-6-
Agency Agreement No. 69162
and in that event, the balance of said advanced fund shall be returned to the Utility without
interest. If the amount found due from the Utility shall exceed said amount of funds
advanced, the Utility agrees to promptly pay the State the difference between the said amount
due and said amount of funds advanced.
It is further agreed that the aforesaid computation and determination by the
Commissioner of Transportation of the amount due from the Utility hereunder shall be final,
binding, and conclusive. It is further agreed that the acceptance by the State of the aforesaid
completed work provided for in said plans, specifications, and special provisions to be
performed under contract as aforesaid shall be final, binding and conclusive upon the Utility
as to the satisfactory completion of said work.
ARTICLE 4. - PLANS AND ESTIMATES
Attached hereto, marked Exhibit A and made a part hereof, are comprehensive
and detailed plans for the Agency Work. Also attached, marked Exhibit B and made a part
hereof is the Estimate of Costs for the Agency portion of the State Project. The Utility
System work is to be constructed in accordance with Exhibit A.
ARTICLE 5. - FUTURE MAINTENANCE
Upon completion of construction, the Utility shall thereafter maintain the
Utility System at its own expense. Should any such maintenance require work on trunk
highway right-of-way, the Utility shall first obtain a written permit from the proper authority,
-7-
Agency Agreement No. 69162
which application shall be acted upon promptly and shall not be unreasonably refused. Said
permit shall contain reasonable regulations relating to such maintenance. The Utility may
open and disturb the surface of the trunk highway right-of-way without a permit only where
an emergency exists that is dangerous to the life or safety of the public and requires
immediate repair. The Utility upon knowledge of such emergency, shall immediately notify
the Minnesota State Patrol. The Utility shall take all necessary and reasonable safety
measures to protect the traveling public, and shall cooperate fully with the State Patrol to
that end. The Utility in such event shall request a permit from the proper authority not later
than the second working day thereafter.
ARTICLE 6. - MISCELLANEOUS
The Utility will indemnify, save, and hold harmless the State and all of its
agents and employees of and from any and all claims, demands, actions, or causes of action
of whatsoever nature or character arising out of or by reason of the performance or
nonperformance of the inspection to be performed by the Utility and further agrees to defend
at its own sole cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising hereunder by virtue of the performance or
nonperformance of the inspection to be performed by the Utility.
This paragraph is not, as to third parties, a waiver of any defense or immunity
otherwise available to the Utility; and the Utility, in defending any action on behalf of the
Agency Agreement No. 69162
State shall be entitled to assert in any action every defense or immunity that the State could
assert in its own behalf.
Within 90 days after completion of the construction herein described, the
Utility shall submit to the State's Director, Agreements Services Section five copies of a
permit application, including "as built" sketches, for all the facilities within highway right of
way. \
S.P. 1921-45
Dakota County
Agreement No. 69162
IN TESTIMONY WHEREOF, the parties have duly executed this Agreement
by their duly authorized officers and caused their respective seals to be hereunto affixed.
(CITY SEAL) CITY OF ROSEMOUNT
By
Mayor
By
city
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
District Engineer
Director,
Pre -Letting Services Section
Approved as to form and
execution:
Special Assistant
Attorney General
State of Minnesota
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STATE OF MINNESOTA
Commissioner of Transportation
By
Director,
Office of Technical Support
Approved:
Commissioner of Administration
By
Authorized Signature
Encumbered:
Commissioner of Finance
By
Authorized Signature
Exhibit B
S.P. 1921-45 (T.H. 3)
Agency Agreement No. 69162
Cost Estimate
Sanitary Sewer Items
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Estimated
Item No.
Item
Estimated Price
Ouantitv
Extended
2104.523-00004
Salvage Castings
80.00
3
$ 240.00
2503.511-13080
8" PVC Pipe Sewer
19.00
210
3,990.00
2506.501-00032
Const. Drainage Structures
185.00
5.1
943.50
2506.511-00010
Reconstruct Manholes
170.00
3
510.00
2506.521-00010
Install Castings
90.00
3
270.00
Sub Total Cost Extended
$5,953.50
Water Main Items
Estimated
Item No.
Item
Estimated Price
Ouantity
Extended
0503.603-03240
24" Steel Casing
Pipe (.25")
54.00
172.
$9,288.00
0504.602-00015
Relocate Hydrant & Value
1,400.00
1
1,400.00
0504.6014)0040
Temporary Water Service
450.00
1
450.00
0504.603-01130
Relocate Water Main -12"
Duct Iron
20.00
200
4.000.00
Sub Total Cost Extended
$15,138.00
Sub Total of Sanitary Sewer
and Water Main Facilities
$21,091.50
Plus Construction Engineering 8%x21,091.50
1,687.32
Plus Design Engineering
6.5%x21,091.50
1,370.95
Total Cost
$24,149.77
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