HomeMy WebLinkAbout1991-06-03-1000AM-SpecialF11 ED
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F 9~P~ r~°'f , .✓2~.~t.,L -CO. CLERK
BRAZOS COUNTY QPdOSaRYnr~ T XouRTNCU:E
BRYAN. TBXAB `
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10. Consider
11. Consider
12. Executive
13. Consider
14. Adjourn.
THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY,
JUNE 19°31991, AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM OF
THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115,
BRYAN, TEXAS.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on Drug and Alcohol Policy for
Brazos County.
4. Consider and take action on award of bid for annual insect
control contract for Brazos County and authorize the payment
thereof - Bid No. 91-607.
5. Consider and take action on the approval of the minutes held
on March 11, 1991.
6. Consider and take action on budget amendments.
7. Consider and take action on award of bid for Mumford Road
improvements and authorize the payment thereof.
8. Consider and take action on final plat of Merker-Strawn
Subdivision in Precinct 1.
9. Consider and take action on the approval to advertise on the
following:
a. various materials and services for Road and Bridge
Department
AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
The
and
and
Se.
and
sale
take
take
ssion
take
of property located on College Avenue
action on personnel change of status.
action on payment of claims.
to discuss personnel 6252-17(2)(g).
action on Executive Session.
VOL PAG og
COMMISSIONERS' COURT
SPECIAL MEETING
JUNE 3, 1991
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A special meeting of the Commissioners Court of Brazos
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County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 10:00
a.m. on Monday, June 3, 1991, with the following members of
the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of. Precinct 4;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Bea Green Secretary to Commissioners
Rosalie Todaro Auditor's Office
Cheryl Turney Auditor's Office
A. H. Winder County Engineer
Edwin Dobbins Maintenance Department
Jim Hiney Bryan/College Station Eagle
Jody Manley KBTX-TV
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Joe Larger KBTX-TV
Louis Shirley, Jr. Brazos County Resident
Marion H. Dowell Brazos County Resident
C. A. Pope Brazos County Resident
V. H. Dill Brazos County Resident
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court first considered awarding the following bid:
Bid No. 91-607 - Annual Insect Control Contract
Brazos Valley Herwald Pest Professional
Exterminating Control Pest Control
Monthly Charge $995.00 $834.00 $1,150.00
Hours/Month
Prop. to Spend 22-26 N/A 18-24
$/SQ Foot
Treat Fleas 0.15 N/A 0.01
Quality Pest Bug Blasters
• Control Pest Control
Monthly Charge $404.00 $550.00
Hours/Month
Prop. to Spend 19-23 12-18
$/SQ Foot
Treat Fleas 0.05 0.02
v0L,'--PAG ~Q 9
Commissioners' Court meeting June 3, 1991
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Cheryl Turney, Purchasing Agent, recom-
mended acceptance of the bid submitted by
Herwald Pest Control for the monthly
charge and Professional Pest Control for
the flea treatment. On motion by
Commissioner Norton, seconded by
Commissioner Sims, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to Herwald Pest Control for the
monthly charge and to Professional Pest
Control for the flea treatment.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held March 11, 1991. On motion
by Commissioner Turner, seconded by Commissioner Wilcox, the
Court voted unanimously to approve the minutes as submitted.
The next matter before the Court was consideration of a
Drug and Alcohol Policy for Brazos County in order to comply
with the recent changes in state law. Commissioner Norton
stated he felt this was a good policy but was wondering how it
would be enforced. The County Judge stated he would speak
with Dr. Marsh, Director of the Health Department, and with
the Mental Health Mental Retardation organization for
counseling purposes. Commissioner Norton suggested that the
Court hire a Risk Manager to handle any reported violation of
the Drug and Alcohol Policy along with all insurance and
workers compensation claims. The County Judge said the
suggestion would be taken into consideration. On motion by
Commissioner Norton, seconded by Commissioner Sims, the Court
voted unanimously to adopt the Drug and Alcohol Policy for
Brazos County. A copy of the policy is attached hereto.
The Court next considered Budget Amendment #91-014, which
would reallocate funds budgeted for the Extension Service, the
Brazos Center and the office of the Constable Precinct 7 with
no increase to the General Fund. On motion by Commissioner
Turner, seconded by Commissioner Sims, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
V0L_`PAGE ____11_0
Commissioners' Court meeting June 3, 1991
The Court next considered awarding the following bid:
Bid No. 91-611 - Mumford Road Improvements
Commissioner Milton Turner recommended
acceptance of the low bid submitted by
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Young Brothers Inc. Contractors. On
motion by Commissioner Turner? seconded
by Commissioner Sims, the Court voted
unanimously to accept the recommendation
of Commissioner Turner and award the
contract to Young Brothers Inc. Contrac-
tors. A copy of the bid tabulation is
attached hereto.
The Court next considered approval of the final plat of
the Merker-Strawn Subdivision. Holland Winder, County
Engineer, stated that the tank did not appear on the plat and
that they had not been able to drain the road. He did say
that he had contacted the adjacent property owners and they
will meet with him to fix the drainage problem. On motion by
Commissioner Norton, seconded by Commissioner Turner, the
Court unanimously approved the final plat of the Merker-Strawn
Subdivision in Precinct 1.
•
On motion by Commissioner Wilcox, seconded by Commis-
sioner Sims, the Court voted unanimously to advertise for bids
to acquire various materials and services for the Road and
Bridge Department.
On motion by Commissioner Turner, seconded by
Commissioner Norton, the Court voted unanimously to advertise
for the sale of the property located on College Avenue.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Jones, David Sheriff Office Resignation
Diehl, Tammy Sheriff Office Resignation
Avila, Janie Sheriff Office Resignation
Mireles, Andres Sheriff Office Resignation
Lamar, Brenda Dist. Attorney New Emp P/T
Gyeszly, Susan Dist. Attorney New Emp P/T
Shephard, Kelvin Juvenile Service F/T to P/T
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Bennett, Linda Tax Office P/T to F/T
Williams, Eunice Tax Office Reduce Pay
Hill, Judy Brazos Center Salary Inc.
Sandoval, Delfino Brazos Center Salary Inc.
on motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the changes as
9._~PAGE 711-,
Commissioners' Court meeting June 3, 1991
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
10 General Fund---------------Claims 10219 thru 10378
20 Road & Bridge--------------Claims 10475 thru 10534
21 Boonville Cemetery---------Claims 10386 thru
30 Capital Projects & Improvements:
Proposition I--------Claims 10387 thru 10392
40 Law Library----------------Claims 10393 thru 10401
41 Court Master Grant---------Claims 10402 thru 10405
43 Oil & Gas Fund-------------Claims 10406 thru 10408
54 Health Department----------Claims 10422 thru 10437
60 Payroll--------------------Claims 10438 thru 10452
61 Health & Life Ins----------Claims 10453 thru
70 Indigent Health Care-------Claims 10454 thru 10456
90 Community Services Off-----Claims 10457 thru 10460
91 Juvenile Comm. Grant-------Claims 10461 thru
94 Victim Assistance Prog----- Claims 10462 thru
95 Comm. Crime Prevention-----Claims 10463 thru
97 Narc. Traf. Task Fcrce----- Claims 10464 thru 10474
On motion by Commissioner Turner, seconded by Commis-
sioner Norton, the Court voted unanimously to approve the
Claims as submitted.
Mr. Louis Shirley, Jr. presented the Court with two
petitions requesting work be done on Shirley and Grassbur
Roads and on Long Trussell Bridge.
At 10:28 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in closed
executive session to discuss personnel as allowed under
Section (6252-17(2)(g) Vernon's Texas Civil Statutes.
At 10:58 a.m. the County Judge announced the meeting open
to the public. On motion by the County Judge, seconded by
Commissioner Norton, the Court voted unanimously to approve
the request of J. D. Langley, Judge of the 85th District Court
to grant Dennie Bollinger one additional week of sick leave to
allow her to attend to her new born and to hire Trish Dempsey
on a temporary basis at a group 8 step 6 position for a period
of eight (8) weeks. At the end of which time, the temporary
position will be closed.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes have been examined and approved in open
Court this the L day of 19-2L, in Bryan,
Brazos County, Texas.
R. J. 661m(;fden
County Judge
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Walter Wilc6x
Commissioner, Precinct 2
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Milton Turner
Commissioner, Precinct 4
S
Gary Nor
Commiss'o er, ~recin'ct 1
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Randy S• s
Commis loner, Precinct 3
Mary nn Ward
County Clerk
VOL PAGE 7/3
DRUG AND ALCOHOL POLICY
PURPOSE
The purpose of this policy is to identify and remove the adverse affects of alcohol
and drugs on job performance, and to protect the health and safety of our employees by
providing education and treatment.
Use and misuse of alcohol or drugs can and does impair the ability of an employee
to perform his/her duties and may endanger the employee, his/her co-workers, and the
public as well as property. The County seeks to prevent the use/abuse/misuse of drugs
and alcohol by employees in any way which impairs their ability to perform their duties.
POLICY
1. The County shall implement a comprehensive drug and alcohol abuse
education program. As part of that program, information will be provided on the
availability of employee assistance program services.
2. Alcoholism and other drug addiction are recognized as diseases responsive
to proper treatment, and this will be an option as long as the employee cooperates.
Employee assistance program (EAP) will be made available to assist employees.
3. The manufacture, distribution, dispensing, possession, sale, purchase, or use
of a controlled substance on County property is prohibited.
4. Being under the influence of alcohol or illegal drugs on County property is
prohibited. The unauthorized use or possession of prescription drugs or over-the-counter
drugs on County property is prohibited.
5. Employees who violate this policy are subject to appropriate disciplinary
action including termination.
6. The policy applies to all employees of the County regardless of rank or
position and includes temporary and part-time employees.
DEFINITIONS
A. Controlled Substance - Any substance listed in Schedules IN of Section 202
of the Controlled Substance Act (21 U.S.C. §812), as amended. Copies are maintained for
employee review by Personnel and Health Services.
B. County Premises - All County property including vehicles, lockers and parking
lots.
VOL. ) P_PA .!E
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C. County Property - All County owned or leased property used by employees
r' such as vehicles, lockers, desks, closets, etc.
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D. Drug - A drug is any chemical substance that produces a physical, mental,
emotional or behavioral change in the user. Included in alcohol.
~A E. Drug Paraphernalia - Equipment, a product or material that is used or
intended for use in concealing an illegal drug or for use in injecting, ingesting, inhaling or
otherwise introducing into the human body an illegal drug or controlled substance.
F. Fitness for Duty - To work in a manner suitable for the job. To determine
"fitness", a medical evaluation may include drug and/or alcohol testing.
G. Ille ag l Drug - An illegal drug is any drug or derivative thereof which the use,
possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or
regulated under the federal, state, or local law or regulation and any other drug, including
(but not limited to) a prescription drug, used for any reason or in a manner other than a
• legitimate medical reason or as prescribed and inhalants used illegally.
H. Reasonable Cause /Reasonable Suspicion - An articulate belief based on
specific facts and reasonable inferences drawn from those facts that an employee is under
the influence of drugs or alcohol.
1. Testing - Is generally defined as a urine or breath test to determine chemical
or drug content.
` J. Under the Influence - A state of having an alcohol concentration of 0.10 or
more, where "alcohol concentration" has the meaning assigned to it in Article 67011-1,
Revised Statutes; or the state of not having the normal use of mental or physical facilities
resulting from the voluntary introduction into the body of an alcoholic beverage or a illegal
drug.
PROHIBITED ACTS
Any of the following actions constitutes a violation of the Policy and may subject an
employee to disciplinary action to include immediate termination:
A. Using, selling, purchasing, transferring, possessing, manufacturing, or storing
an illegal drug, or attempting or assisting another to do so, while in the course of
employment or engaged in a County sponsored activity, on premises, in owned, leased or
• rented vehicles, or on business.
B. Working or reporting to work, conducting County business or being on County
premises or in a County-owned, leased or rented vehicle while under the influence of an
illegal drug, alcohol or in an impaired condition
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DISCLOSURE REQUIREMENTS
Employees taking drugs prescribed by an attending physician must advise their direct
Supervisor in writing of the possible effects of such medication regarding their job
performance and physical or mental capabilities. This written information must be kept
confidential and communicated to the direct supervisor prior to the employee commencing
work. All medical information will be kept confidential and the employer, without
exception, will punish any breach of privacy and confidentiality in this regard. All
prescription drugs must be kept in their original container.
CORRECTIVE ACTION
If an employee is reasonably suspected of-
a. engaging in a Prohibited Act or
b. has been involved in a work related accident in which the use of
alcohol or illegal drugs is implicated as a contributing factor;
the employee may be subject to any one or more of the corrective actions defined herein.
Circumstances which constitute a basis for determining "reasonabl supervision" may include
but are not necessarily limited to:
a. a pattern of abnormal or eratic behavior;
b. information provided by a reliable and credible source, if cooraborated;
C. direct observation of drug or alcohol use, corroborated by two (2)
individuals;
d. presence of the physical symptoms of drug or alcohol use (i.e. glossy
or bloodshot eyes, alcohol odor on the breath, slurred speech, poor
coordination and/or reflexes);
e. a work-related accident.
Corrective actions, include but are not necessarily limited to:
a. referral to the Employee Assistance Program as described below;
b. Testing;
C. Termination of Employment.
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SUPERVISORY AND EMPLOYEE TRAINING
Supervisors will receive training regarding the Drug and Alcohol Policy and the use
of the Employee Assistance Program. All employees will receive copies of the Drug and
Alcohol Policy and information about the Employee Assistance Program.
EMPLOYEE ASSISTANCE PROGRAM
The County will provide employees with confidential, professional assessment and
referral for assistance in resolving or accessing treatment for addiction to, dependence on,
or problems with alcohol, drugs, or other personal problems adversely affecting their job
performance. Confidential assessment and referral services will be provided without cost
to the employee. The cost of treatment, counseling or rehabilitation resulting from EAP
referral will be the responsibility of the employee.
• Supervisor referrals to the EAP will require the employee to execute a release of
information consent form to be returned to the County supervisor by the EAP. Refusal to
participate in, or failure to complete the EAP-directed program will be documented.
Should job performance not improve after a reasonable amount of time, the employee is
subject to progressive corrective action up to and including termination of employment.
Self-referral by employees is strongly encouraged. The earlier a problem is
addressed, the easier it is to deal with and the higher the success rate. While self-referral
in itself, does not preclude the County from terminating an employee, participation in an
EAP-directed program may enable the supervisor to postpone initiating or determining
additional corrective actions in order to permit successful completion of such program.
EAP-related activities, such as referral appointments, will be treated on the same
basis as other personal business or health matters with regards to use of sick or compensa-
tion leave. Sick leave may be taken as needed, while compensation time must be pre-
approved.
EMPLOYEE DRUG TESTING
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A. Should testing be determined to be the appropriate corrective action to be
taken the employee shall be asked to sign a consent form authorizing the test and
permitting the release of test results to those County employees with a need to know. An
employee who refuses to consent to a drug or alcohol test when reasonable suspicion of
drug or alcohol use has been determined is subject to corrective action up to and including
termination.
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B. Procedures
1. A positive test result shall mean either the presence of drug and/or alcohol.
Sample testing procedure shall conform to scientifically accepted analytical methods and
procedures and shall include confirmation of any positive test result by gas chromatography,
mass spectometry or other comparable analytical methods before the results of any test may
be used as a basis for any action. Both screening and confirmatory urine testing will follow
the guidelines adopted by the United States Department of Health and Human Services.
2. An employee whose drug test yields a positive test result shall be given a
second test which shall use a portion of the same test sample withdrawn from the employee
for use in the first test. If the second test confirms positive test results, the employee shall
be notified of the results in writing by the appropriate supervisor. A letter of notification
shall identify the particular substance found and its concentration level. If an employee's
positive test result has been confirmed, the employee is subject to corrective action up to
and including termination.
C. Policy Parameters
1. For confidentiality, only County employees who have a need to know will be
informed of positive test results. Employee's privacy will be protected and the County,
without exception will punish any breach of worker's privacy and confidentiality.
2. The County will use only laboratories that are certified under appropriate
federal and/or state regulations. These laboratories should follow the guidelines of the
United States Department of Health and Human Services and place urine analysis.
3. The County will use a breathalizer and/or blood sampling in order to
determine whether or not an employee is under the influence of alcohol. Such test shall
follow the same procedures and safeguards as the testing for drugs other than alcohol.
COORDINATION WITH LAW ENFORCEMENT AGENCIES
The sale, use, purchase, transfer or possession of an illegal drug or drug parapherna-
lia is a violation of the law. The County will report information concerning possession,
distribution, or use of any illegal drugs to law enforcement officials and will turn over to
the custody of law enforcement officials any such substances which lawfully come into its
possession as a result of this policy. The County will cooperate fully in the prosecution
and/or conviction of any violation of the law.
Employees must, as a condition of employment, report any conviction under a
criminal drug statute for violations occurring on County Premises no later than five (5) days
after conviction.
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RESERVATION OF RIGHTS
The County reserves the right to interpret, change, suspend, cancel or dispute, with
or without notice, all or any part of this Policy, or procedures or benefits discussed herein.
Employees will be notified before implementation of any change.
Although adherence to this Policy is considered a condition of continued
employment, nothing in this Policy alters an employee's status and shall not constitute nor
be deemed a contract or promise of employment. Employees remain free to resign their
employment at any time for any or no reason, without notice, and the County retains the
right to terminate any employee at any time, for any or no reason, without notice.
OTHER LAWS AND REGULATIONS
The provisions of this Policy shall apply in addition to, and shall be subordinated to,
any requirements imposed by applicable federal, state or local laws, regulations or judicial
decisions. Unenforceable provisions of this policy shall be deemed to be deleted.
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EMPLOYEE ACKNOWLEDGEMENT
I acknowledge that I have received a copy of the Drug=Free Workplace Policy. I
also acknowledge that the provisions of the Policy are part of the terms and conditions of
my employment and that I agree to abide by them.
Date:
Signature of Employee
Print Name
Employee Social Security #
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1991 BUDGET YEAR
NO. 91-014
On this the 3rd day of June 1991 at a special meeting of the
Commissioners' Court, the following members were present:
R. J. Holmgreen, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
Walter Wilcox, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Milton Turner, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on June 3, 1991, the Court heard and approved a
budget amendment for the 1991 budget year for Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted October 1, 1990,
the following amendment(s) to the original are hereby authorized,
as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 3rd day of June 1991
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By AL4J R. J. Holmgreen, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
VOL PA.GE '7 20
Budget Amend. No. 91-014: 06-03-91
DEPARTMENT
ACCOUNT #
ACCOUNT NAME
INCREASE
(DECREASE) REASON
Extension
10-48-5210
Office Supplies
(150) Reallocate
Service
10-48-6215
Computer Software
150
funds
INCREASE TO DEPT BUDGET
" " : "50:
'
Brazos
10-28-0371
Cap. Imp. Bldg. & Grounds
(3,000)
Center
10-28-0213
Cap. Out. Equip/Auto
3,000
INCREASE TODEPTBUDGE7:.:.:'
::50
. i`::.....:::
Constable
10-56-5518
Other Miscellaneous
(45)
Pct?
10-56-6211
Radio Equipment
45
INCREASE TO DEPT BUDGET
4 NO INCREASE TO GF BUDGET.
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MUMFORD ROAD IMPROVEMENTS
B I D D E R S
YOUNG BRO'S, INC. CONTR
Bryan, Texas
MWD CONST. CO., INC.
Navasota, Texas
ROBERT LANGE INC.
Brenham, Texas
PALASOTA CONST., INC.
Bryan, Texas
Item
No.
Quantity
(Approx.)
Description
Unit
Price
Total
Unit
Price
Total
Unit
Price
Total
Unit
Price
Total
1
1 L.S.
Clearing and Grubbing
$ 9,000.00
$ 9,000.00
$ 7,000.00
$ 7,000.00
$23,000.00
$23,000.00
$ 8,100.00
$ 8,100.00
2
9030 c.y.
Roadway Excavation
1.80
16,254.00
2.80
25.284.00
3.00
27,090.00
3.50
31,605.00
3
5750 s.y.
Flexible Base (6' depth)
3.62
20,815.00
4.40
25,300.00
7.00
40,250.00
5.10
29,325.00
4
850 S.Y.
Flexible Base (8' depth)
5.15
4,377.50
6.00
5,100.00
13.00
11,050.00
7.80
6,630.00
5
7450 s.y.
Lime Stabilized Subgrade
(4% by dry weight)
2.35
17,507.50
1.10
8,195.00
2.50
18,625.00
2.20
16,390.00
6
36 T.
Hydrated Lime - Type A
1.00
36.00
75.00
2,700.00
95.00
3,420.00
74.00
2,664.00
7
70 T.
H.M.A.C. (Type D,1 112'
min. In-place)
40.00
2,800.00
55.00
3,850.00
60.00
4,200.00
49.50
3,465.00
8
725 I.f.
Reinforced Concrete Curb
and Gutter
5.50
3,987.50
7.40
5,365.00
13.50
9,787.50
6.60
4,785.00
9
26 s.y.
5' Reinforced Concrete
Driveway
31.00
806.00
30.00
780.00
40.00
1,040.00
20.00
520.00
10
466s.y.
Reinforced 4' Concrete
Riprap
24.00
11,184.00
22.00
10,252.00
37.00
17,242.00
23.00
10,718.00
1
I.s.
3bbl. 9'X7'X57'
4' MBC and Wingwalls
(S.D.H.P.T. Stds. MC9-1
and MCW-F2)
7,735.00
7,735.00
4,000.00
4,000.00
0,000.00
0,000.00
4,900.00
4,900.00
12
36 s.y. l
Bermudagrass
10.00
360.00
10.00
360.00
25.00
900.00
33.70
1.213.20
TOTAL (by company) $124,862.50
-
$138,186.00
$226,604.50
$170,315.20
"1', 11 '1,'', 11 'I'll
,-,-,-,,T,O--T-AL m days) 120
T[,
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:100
11 , 1, T
100
120
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