HomeMy WebLinkAboutRS1-Economic Development Agency
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Redevelopment Agency · City of San Bernardino
300 Nonh "D" SIRe!, Fourlh Roor . San Bernardino, Cllifomia 92A18
(714) 384-SOB1 FAX (714) 888-9413
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Sleven H. Dukett
Executive Direcror
MAY 9, 1989
48TH/KENDALL DIP SECTION
Synopsis of Previous Commission/Council/Committee Action:
02-16-87 Commission and Council approved agreement for Agency to reimburse
City up to $220,000 for street construction at 48th/Kendall.
04-06-89 Committee continued item on increasing Agency reimbursement to City
up to $475,800 for street construction at 48th/Kendall to meeting of
April 20, 1989 (which was cancelled).
05-04-89 Committee approved amendment increasing Agency reimbursement to City
to $475,800, on condition that City use best efforts to reimburse
Agency for some of this additional cost from fees charged to future
developments that benefit from this project.
(COMMUNITY DEVELOPMENT COMMISSION)
____ Recommended Motion:
a) Approve the execution of a First Amendment to Agreement between the
City and the Redevelopment Agency, covering reimbursement to the City
for street and flood control improvement costs on 48th Street near
Kendall Drive in the State College Project Area; and, that an
additional $255,800 be allocated from capital reserves to fund the
amended agreement.
(continued on page 2)
en H. Dukett, Executive Director
Supporting data attached: Yes
FUNDING REQUIREMENTS: $255,800
Ward:
Project:
5th
SC
Commission Notes:
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Agenda of: May 15, 1989
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Item No.
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Redevelopment Agency
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(MAYOR AND COMMON COUNCIL)
Adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A
PUBLIC WORKS AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO RELATING TO PUBLIC IMPROVEMENTS (48TH AND
KENDALL DIP SECTION).
(COMMUNITY DEVELOPMENT COMMISSION)
Adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
A PUBLIC WORKS AGREEMENT WITH THE CITY OF SAN BERNARDINO RELATING TO
PUBLIC IMPROVEMENTS (48TH AND KENDALL DIP SECTION)
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Redevelopment Agency
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STAFF REPORT
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It is requested that the Community Development Commission and the Mayor and
Common Council approve the execution of a First Amendment to Agreement between
the City and the Redevelopment Agency, covering reimbursement to the City for
street and flood control improvement costs on 48th Street near Kendall Drive
in the State College Project Area; that an additional $255,800 be allocated
from capital reserves to fund the amended agreement; and, adopt resolutions
establishing the need for and means of financing the improvements.
BACKGROUND
In 1987, the City recognized the need for the construction of a dip section
where 48th Street meets with Devil's Canyon Diversion Channel. The Public
Works Department prepared a preliminary cost estimate for the installation of
four 36" pipes to carry normal flow and a dip section for large flows. This
estimate totalled $222,500.
On February 16, 1987, the Commission and City Council authorized an agreement
between the Agency and the City under which the Public Works Department would
solicit bids for and administer the construction of the dip section. The
agreement specified that the Agency would be obligated to reimburse the City a
maximum of $220,000.
Subsequently, the engineering consultant hired by Public Works determined that
a reworked design of the dip section would be more appropriate (see the
attached memo from Roger Hardgrave). This eliminates the need for a dip and
.~ allows a normal roadway section, conducting flood flows through either a
4' x 8' reinforced concrete box or five 48" reinforced concrete pipes. The
final design will be selected at a later date.
As a result of the change in design, the total estimated project cost has been
revised to $475,800. The attached amendment will increase the Agency's
obligation by an additional $255,800. It is proposed that the additional
$255,800 contribution be funded from capital reserves available in the State
College project area.
The Committee reviewed this item at its meeting on May 4, 1989 and recommended
approval on the condition that the City use its best efforts to reimburse the
Agency for this additional cost from fees charged to future developments that
benefit from this project. In addition, the Department of Public Works/City
Engineer has indicated that there is $37,000 already available for this
purpose. Agency Counsel has added the necessary language to the amendment to
address this condition and approved it as to form and legal content.
Finally, our Special Counsel has advised that both the City and the Agency
should adopt benefit resolutions for this project. These resolutions state
that the governing bodies have determined that the subject improvements are of
benefit to the Project Area and that other reasonable means of financing the
improvements are not available. Copies of the benefit resolutions are
attached, along with copies of the requisite City resolution approving the
amendment and a location map.
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Redevelopment Agency
It is, therefore, recommended that the Commission and Council authorize
execution of the attached First Amendment to Agreement and authorize the
allocation of $255,800 from capital reserves in the State College project area
to fund the amended agreement; and, adopt the attached benefit resolutions
reflecting the need for and means of financing the improvements.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A
PUBLIC WORXS AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO RELATING TO PUBLIC
IMPROVEMENTS (48TH AND KENDALL DIP SECTION)
WHEREAS, by Ordinance No. 3067 adopted on April 27, 1970, and
amended by Ordinance No. MC-560 adopted on December 8, 1986, the City
Council of the City of San Bernardino adopted and approved a certain amended
Redevelopment Plan (the "Redevelopment Plan") for the State College Project,
(the "Project"); and
WHEREAS, pursuant to the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000, et seq.), the
Redevelopment Agency of the City of San Bernardino (the "Agency") is
carrying out the Redevelopment Plan for the Project in the redevelopment
project area (the "Project Area"); and
WHEREAS, in furtherance of the Project, the Agency and the City
entered into an Agreement relating to Street Construction Services in the
State College Project Area, dated February 17, 1987 (the "Original
Agreement") and a First Amendment to Agreement authorized herein (the "First
Amendment") pursuant to which the City agreed to install and construct,
certain street improvements namely, correction of an existing dip at 48th
Street and the Devil' s Canyon Diversion Channel (the "Improvements") as more
particularly described in the Original Agreement, and the Agency proposed to
pay the City for all costs of such Improvements within the period of one
year; and
WHEREAS, the Improvements are of benefit to the Project Area in that
they will enhance the area and contribute to the elimination of blight
throughout the Project Area, and in the immediate neighborhood in which the
Project Area is located; and
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WHEREAS, no other reasonable means of financing such Improvements are
available to the community; and
WHEREAS, the cost of the Improvements will exceed the amounts
estimated at the time the Original Agreement was entered into, and, therefore,
the Agency desires to repay the City for the cost of the Improvements up to a
maximum amount of $475,800 (the "Revised Amount"), which is the same amount
established by the First Amendment;
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
Section 1:
The Mayor and Common Council hereby determine that the Improvements
already constructed and to be constructed are of benefit to the Project Area
and the immediate neighborhood in which the Project Area is located and that
no other reasonable means of financing such Improvements are available to the
community, and hereby consent to the undertaking of construction and
installation of the Improvements in accordance with the Agreement. The
determination that the Improvements will benefit the Project Area is based
upon the fact that the Improvements will assist in remedying the lack of
adequate sidewalk, street and drainage improvements and will provide
substantial safety and appearance improvements which will enhance growth in
the entire Project Area.
Section 2:
The Mayor is hereby authorized to execute the First Amendment to
Agreement a copy of which is attached hereto as Exhibit "A" on behalf of the
City.
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Mayor and Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly adopted by th
thereof, held on the
day of
. 1989 by the following
meeti
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AYES:
Counci1members
NAYS:
ABSENT
City Clerk
'!be foregoing resolution is hereby approved this
day of , 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
CITY ATTORNEY
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO A PUBLIC WORKS AGREEMENT WITH THE CITY OF SAN
BERNARDINO RELATING TO PUBLIC IMPROVEMENTS (48TH AND KENDALL
DIP SECTION)
WHEREAS, by Ordinance No. 3067 adopted on April 27, 1970, and
amended by Ordinance No. MC-560 adopted on December 8, 1986, the Mayor and
Common Council of the City of San Bernardino adopted and approved a certain
amended Redevelopment Plan (the "Redevelopment Plan") for the State College
Project, (the "Project"); and
WHEREAS, pursuant to the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000, et seq.), the
Redevelopment Agency of the City of San Bernardino (the "Agency") is
carrying out the Redevelopment Plan for the Project in the redevelopment
project area (the "Project Area"); and
WHEREAS, in furtherance of the Project, the Agency and the City
entered into an Agreement relating to Street Construction Services in the
State College Project Area, dated February 17, 1987 (the "Original
Agreement") and a First Amendment to Agreement authorized herin (the "First
Amendment") pursuant to which the City agreed to install and construct
certain street improvements namely, correction of an existing dip at 48th
Street and the Devil's Canyon Diversion Channel (the "Improvements") as more
particularly described in the Original Agreement, and the Agency proposed to
pay the City for all costs of such Improvements within the period of one
year; and
WHEREAS, the Improvements are of benefit to the Project area and the
immediate neighborhood of the Project Area in that they will increase the
safety and contribute to the elimination of blight; and
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TIEREAS, no other reasonable means of financing such Improvements
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are available to the community; and
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WHEREAS, the cost of the Improvements will exceed the amounts
estimated at the time that the Original Agreement was entered into, and,
therefore, the Agency desires to repay the City for the cost of the
Improvements up to a maximum amount of $475,800 (the "Revised Amount"),
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which is the same amount established by the First Amendment.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
Section 1:
The Agency hereby determine that the Improvements are of benefit to
the Project Area and the immediate neighborhood in which the Project Area is
located, and that no other reasonable means of financing such Improvements
are available to the community, and hereby consents to the undertaking of
construction and installation of the Improvements in accordance with the
Agreement. The determination that the Improvements will benefit the Project
Area is based upon the fact that the Improvements will increase safety and
contribute to elimination of blight. The Agency approves payment to the
City of the actual costs of the Improvements up to the Revised Amount.
Section 2:
The Executive Director is hereby authorized to execute the Agreemen
on behalf of the Agency.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Community Development Commission of the City of San Bernardino at
a meeting thereof, held on the day of , 1989 by
the following vote, to wit:
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AYES:
NAYS:
ABSENT
Commissioners
Secretary
10 The foregoing resolution is hereby approved this
day of , 1989.
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and legal content:
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Chairman of the Community
Development Commission of
the City of San Bernardino
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FIRST AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this
day of , 1989, by and between THE CITY OF
SAN BERNARDINO, a Municipal Corporation and a Charter City
("City"), and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, a public body corporate and politic
("Agency"):
WITNESSETH:
WHEREAS, the parties entered into that certain Agreement
relating to Street Construction Services in the State COllege
Project Area, effective February 17, 1987, and
WHEREAS, it is desired to amend said Agreement to increase
Agency's reimbursement to City to more accurately reflect the
most recent estimate of the costs of the project, and
WHEREAS, such amendment is in the best interest of the
parties in order to construct the necessary improvement.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraphs 3 and 4 of that certain Agreement between
the parties dated February 17, 1987, are hereby amended to
increase Agency reimbursement from $220,000 to $475,800.
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DAB:br
May 9, 1989
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2.
A new paragraph is hereby added to said Agreement to
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read as follows:
"City shall use its best efforts to establish a
procedure to collect fees or charges from property
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benefited by the improvements contemplated in this
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Agreement.
Such fees or charges shall be paid to
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Agency up to the amount of reimbursement from Agency
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provided in this Agreement. The obligation provided
for in this paragraph shall expire five (5) years
after the effective date of the First Amendment to
this Agreement".
3.
Except as amended herein said Agreement shall remain in
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16 agreement effective the date and year set forth above.
IN WITNESS WHEREOF, the parties have executed this
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CITY OF SAN BERNARDINO
By
Mayor
ATTEST:
City Clerk
DAB:br
May 9, 1989
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ROGER HARDGRAVE, Dir
Public Works/Engineering
November 8, 1988
File No. 6.218-2
ROUTING
A preliminary estimate of costs fo~constructing a dip section was prepared ~
by our office in response to a request by Councilman Quiel. This preliminar~H
estimate was in the amount of $222,500. Under this concept, pipes would ~;;: J-
be installed to convey low flows under the roadway, with large flows over 6' ~
the 10. section in the roadway. . L: =~
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The City and Redevelopment Agency entered into an Agreement on 2-16-87. This - !z,--
Agreement was.approved by Resolution No. 87-53 of the Mayor and Council and ;~h'~~
Resolution No. 4982 of the Community Development Commission. Under the term ,~~
of this Agreement, the Agency agreed to reimburse the City for costs incurred-- _____
for construction of the dip crossing, up to $220,000. These funds were to ----J~
be derived from the State College Tax Increment. On.~~
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Requests for Proposals to prepare the plan and specifications were sent to
certain Civil Engineering Firms, as requested by Councilman Quiel, in an
attempt to expedite the project. After the selected firm started design,
they found that the east bank was not sufficiently high to contain large flows
within the channel. This would have necessitated introducing a hump in order
to contain the large flows. This would be undesirable from a traffic safety
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The consultant advised that sufficient conduits .to convey the design flows
mandated by the Flood Control District could be provided for the available
funds. Providing sufficient capacity for the design flow would allow the
roadway to be built without a dip section. This arrangement would provide
better riding qualities and allow a normal street section with curb and
gutter, and sidewalk, to be constructed.
Dip sections are appropriate in the desert and rural areas. However, they
are not acceptable in an urban environment with a considerable number of
pedestrians, especially school children walking to and from school.
After the plans were submitted by the Consultant, certain revisions were
necessitated to eliminate potential change orders. A revised estimate
was also prepared. The total estimated project cost is now $475,800. This
estimate is based upon two alternatives - a 4' x 8' Reinforced Concrete
Box and 5 - 48" Reinforced Concrete Pipes. We will have the option of
selecting the cheaper alternative. A copy of this estimate is attached for
your reference.
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'ClTY OF SAN 'ERNI'-RDINO '- - 1EMORANDUW
.' ~'( Of THE ftll.- ...
?o lorriane ~elarde, Administrat ~~~e'R.m ~ r
Ibject Construct10n of 48th Street t}is5;ing, \'t-. f1b ~
,_ Devil's Creek Diversion Cha ril.O;t 14 !) ;. :
Approved
From
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Lorraine Velarde
"- November 8, 1988
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We request that the Agreement with RDA be required to provide supplemental
funds in the amount of $255,800, in order to cover the current total estimated
project cost. Your early attention to this request will be appreciated, since
we anticipate receiving a permit from the Flood Control District any day now.
Please advise if you would like any further information.
Very truly yours,
~HARDGR E
Director of Public Works/City Engineer
RGH:ss
Enc.
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AUGUST 26, 1988
FILE NO. 6.218-2
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PRELIMINARY ESTIMATE
48TH STREET AND DEVIL CREEK
STREET AND CHANNEL IMPROVEMENTS
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UNIT BASIC BID ALTER. 1
ITEM QUANTITY DESCRIPTION PRICE D8L 4'X8' RCB 5-4B" RCP
I. L.S. TRAFFIC CONTROL L.S. $ 7,000 $ 7,000
2. L.S. MOBILIZATION L.S. $ 10,000 $ 10,000
3. L.S. CLEARING & GRUBBING L.S. $ 13,000 $ 13,000
4. 1,175 CU. YDS. $l~/C. Y.
(APPROXIMATE) ROADWAY EXCAVATION $ 18,800 $ 18,800
5. 1,950 CU. YDS. 001
(APPROXIMATE) ROADWAY EMBANKMENT $12- C. Y . $ 23,400 $ 23,400
~ 6. 804 CU. YDS.
(APPROXIMATE) STRUCTURE EXCAVATION $l~/C. Y. $ 12,864 $ 12,864
7. 862 CU. YDS. $3~/C.y.
(APPROXIMATE) STRUCTURE BACKFILL $ 25,860 $ 25,860
8. 732 CU. YDS. $l~/C. Y.
(APPROXIMATE) CHANNEL EXCAVATION $ 11,712 $ 11,712.
9. 376 CU. YDS.
(APPROXIMATE) CHANNEL EMBANKMENT $lgOO/C.Y. $ 7,144 $ 7,144
10. L.S. FINISH ROADWAY L.S. $ 6,000 $ 6,000
1I. 910 TONS AGGREGATE BASE $l~ITON $ 13,650 $ 13,650
12. 805 TONS ASPHALT CONCRETE PAVEMENT $4~ITON $ 32,200 $ 32,200
CONCRETE STRUCTURES (BOX
CULVERT, WINGWALLS AND
13. 195 CU. YDS. CUT-OFF WALLS) $500/C.Y. $ 97,500
CONCRETE STRUCTURES
14. 99 CU. YDS. (WINGWALLS & HEADWALLS) $500/C.Y. $ 49,500
'- 15. 2 EACH CATCH BASINS NO. 1 $4,000 EA. $ 8,000 $ 8,000
16. 22 L.F. 18" R.C.P. $75/L.F. $ 1,650 $ 1, 650
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..tIGUST 26. 1988
FILE NO. 6.218-2
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PRELIMINARY ESTIMATE
48TH STREET AND DEVIL CREEK
STREET AND CHANNEL IMPROY~IITS
UNIT BASIC BID ALTER. 1
~ QUANTITY DESCRIPTION PRICE DBL 4'XB' RCB 5-48" RCP
CONCRETE CURB' GUTTERS,
DRIVEWAYS, SIDEWALK AND
17. 141 CU. YDS. LOCAL DEPRESSIONS S228/C.Y. $ 32,148 $ 32,148
lB. 6 EACH MARKERS S60/EA. S 360 S 360
19. 10 EACH TRAFFIC SIGNS Sl80 EA. S 1,800 S 1,800
METAL 8RIDGE TUBULAR
20. 54 L. F . HAND RAILING S33/L.F. $ 1,782
METAL BRIDGE TUBULAR
- 21. 98 L.F. HAND RAILING $33/L.F. S 3,234
22. 16.25 CU. YDS. TYPE 26A CONCRETE BARRIER S125/L.F. S 1,125
23. 30 CU. YDS. TYPE 26A CONCRETE BARRIER S125/L.F. S 3,750
24. 208 L.F. RAIL & WIRE REVETMENT Sl25/L.F. S 26,000 $ 26,000
25. L.S. RELOCATE STREET LIGHT L.S. S 3,000 S 3,000
26. 106 L.F. CHAIN LINK FENCE RAILING S60/L. F . $ 6,360
27. 62 L.F. CHAIN LINK FENCE RAILING S60/L.F. S 3,720
CONCRETE BLOCK RETAINING
28. 408 L.F. WALL S40/L.F. $ 16,320 S 16,320
REMOVE AND RELOCATE RAIL
29. 4 EACH AND GABLE GATE SlOO/EA. S 400 S 400
30. 1 EACH HANDICAP RAMP S600/EA. S 600 $ 600
31. 617 L.F. 48" RCP (2000-0) Sl20/L.F. S 74,040
TRAFFIC STRIPES AND 7,000
32. L.S. PAVEMENT MARKINGS L.S. S 7,000 $
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PRELIMINARY ESTIMATE
48TH STREET AND DEVIL CREEK
STREET AND CHAIlNEL IMPROYDlENTS
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"UGUST 26. 1988
FILE NO. 6.218-2
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