HomeMy Public PortalAbout2003-25 Agreement with MEF Construction, IncRESOLUTION NO. 2003-25
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
AN AGREEMENT WITH MEF CONSTRUCTION, INC. FOR
TRAFFIC CALMING AND IMPROVEMENTS ON
GRAPETREE D RIVE; P ROVIDING F OR A N E FFECTIVE
DATE.
WHEREAS, public bids were received for the construction of traffic calming and
improvements on Grapetree Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The Council of the Village of Key Biscayne authorizes the Village Manager to
execute the attached agreement with MEF Construction, Inc. for traffic calming and improvements
on Grapetree Drive.
Section 2. The cost of the traffic calming project will be $149,378.
Section 3. That the Agreement is hereby approved and the Village Manager and the Village
Attorney are authorized to execute the Agreement on behalf of the Village and are authorized to take
any and all action necessary to implement this Agreement.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1st day of July , 2003.
/1Ct&LL
'
MAYOR ROBERT OLDAKOWSKI
AT
•
her
C NUHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FO
VII.�GE A ORNEY
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LEGAL SUFFICIENCY
VILLAGE OF KEY BISCAYNE
Village Council
Robert Oldakowski, Mayor
Jorge E. Mendia, Vice Mayor
Martha Fdez-Leon Broucek
Carol Diaz -Castro
Mortimer Fried
James L. Peters
Robert L. Vernon
Village Manager
Jacqueline R. Menendez
DT:
TO:
FR:
R
Office of the Village Manager
June 26, 2003
H • or: ble M . • d-RQembers of the Village Council
ene
n
Village Manager
Traffic Calming on Grapetree Drive
RECOMMENDATION
It is recommended that the Village Council approve the accompanying resolution
authorizing the Village Manager to execute the attached agreement between the Village
of Key Biscayne and MEF Construction Inc. for a traffic calming project on Grapetree
Drive.
BACKGROUND
During the 2002 Budget Workshops, Council approved $250,000 under capital
improvement to be used for traffic calming and improvements on Grapetree Drive. The
Village issued a Request for Proposal for this project on May 27, 2003. The solicitation
yielded three responses that were evaluated by the Public Works Department and Tetra
Tech WHS based on the selection criteria established in the RFP. MEF Construction
Inc. submitted the lowest bid and has considerable experience with traffic calming in
Key Biscayne. The cost of the traffic calming project will be $149,378.
88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax (305) 365-8936
MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
SERVICES
THIS AGREEMENT, made and entered into on the 2 day of Jut..Y\.e_ , 2003 by
and between the Village of Key Biscayne, Dade County, Florida, party of the first (hereinafter called
"Village"), and MEF Construction Inc. , party of the second part (Hereinafter called "Contractor");
RECITALS
The VILLAGE wants to engage the CONTRACTOR to perform certain services as described
in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The
CONTRACTOR wants to provide such Specified Services in connection with the installation of
traffic calming devices on Grapetree Drive.
In consideration of the mutual covenants in this Agreement, the parties agree as follows:
1. SCOPE OF SERVICES
A. The CONTRACTOR agrees, as directed by the Village Manager, to perform the following
services:
Installation of traffic calming devices on Grapetree Drive. See attached Exhibit A.
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in
accordance in Exhibit in an amount not to exceed ONE HUNDRED FORTY NINE THOUSAND
THREE HUNDRED AND SEVENTY EIGHT dollars ($149,378.00).
3. TERM
The term of this agreement is 1 year unless terminated pursuant to paragraph 7 or
extended pursuant to paragraph 9.
4. GENERAL TERMS AND CONDITIONS
The VILLAGE reserves the right to increase or decrease the quantity of items installed with
appropriate adjustments to the contract price.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONTRACTOR.
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6. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR, warrants that it has not employed or retained any company or person,
other than a bonafide employee solely for the CONTRACTOR, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm,
other than a bona fide employee working solely for the CONTRACTOR any fee, commission,
percentage, gift, or any other consideration, continent upon or resulting from the award or making of
this Agreement unless approved by the Manager of the Village of Key Biscayne.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon ten days' written notice with or
without cause by the CONTRACTOR upon 45 days' written notice with or without cause. If this
agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of
Paragraph 2 of this contract for all acceptable work performed up to the date of termination.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the
same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute
discretion.
9. ENTIRE AGREEMENT
The parties hereby agree that this Agreement between the parties. This Agreement cannot be
amended or modified without the express written consent of the parties.
10. WARRANTIES OF CONTRACTOR
The CONTRACTOR hereby warrants and represents that all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits required
under Federal, State and local laws necessary to perform the Specified Services.
The CONTRACTOR shall furnish proof that he has Worker's Compensation Insurance as
required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S.
Longshoremen's and Harbor Worker's Act and the Jones Act.
The CONTRACTOR shall also furnish proof that he has Contractual Liability Insurance and
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury
and Property Damage combined.
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11. ATTORNEY'S FEES
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation
resolved by agreement of the parties.
12. NOTICES
All notices and communications to the VILLAGE shall be in writing and shall be deemed to
have properly given if transmitted by registered or certified mail or hand delivery. All notices and
communications shall be effective upon receipt. Notices shall be addressed as follows:
Village:
Jacqueline R. Menendez
Village Manager
85 West McIntyre Street
Key Biscayne, Florida 33149
With a copy to: Village Attorney
Weiss Serota & Helfman
Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Contractor:
Conchita H. Alvarez
Village Clerk
85 West McIntyre Street
Key Biscayne, Florida 33149
MEF Construction Inc.
782 N.W. LeJeune Road, #640
Miami, FL 33126
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14. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
CONTRACTOR:
MEF Construction Inc.
782 N.W. LeJeune Road, #640
Miami, Florida 33126
By:
Attest: * \)0004,
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VILLAGE:
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
June 17, 2003 Page 1 of 2
Armando Nunez
From: John Neff [JNeff@whs-inc.com]
Sent: Wednesday, June 25, 2003 6:39 AM
To: VKBPUBWORK@BELLSOUTH.NET
Subject: key biscayne bid grapetree
June 17, 2003
Mr. Armando Nunez
Director Public Works
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
Dear Armando:
VILLAGE OF KEY BISCAYNE — GRAPETREE DRIVE
BID REVIEW AND RECOMMENDATION
Tetra Tech WHS has reviewed the bids from the three Contractors for the Traffic
Calming work on Grapetree Drive. I have attached a spreadsheet that compares the
separate bid items. The Engineer's estimate was based on the last 2 projects that involved
traffic calming devices on the key. An analysis of the bid amounts showed a lot of
variation under individual items. For example, the Mobilization line varied from $2,500
to $36,900. Asphalt removal ranged from $2,528 to $32,000. These variances make
detailed analysis unreliable. Overall the average of the three bids was $190,655.40.
The average of the 2 lower bids with the engineer's estimate is $155,380.40.
MEF's low bid of $149,378.00, along with his considerable experience with Traffic
Calming at Key Biscayne is the most accurate representation. His bid though 20% higher
than the estimate, may be reflected in increased costs in the past 3 years since the
comparison projects were bid. Tetra Tech WHS recommends that the project be awarded
to MEF.
If you have any questions or comments please let me know.
Very truly yours,
John F Neff
06/25/2003
INVITATION TO BID
GRAPETREE DRIVE TRAFFIC CALMING DEVICES
Invitation to Bidders for the construction of Traffic Calming devices on Grapetree Drive.
Sealed bids for the construction of traffic calming devices on Grapetree Drive will be
received by the Village Clerk, Village of Key Biscayne, 88 West McIntyre Street, Key
Biscayne, Florida 33149 until 12:00pm. June 13, 2003based on plans and specs prepared
by TeTraTech WHS at which time all proposals will be opened and publicly read.
The work consists of two elevated speed tables, brick paver plaza, curbing, landscaping,
and sidewalk repairs. Copies of the plans and specs will be available in the Manager's
Office at 88 West McIntyre Street Key Biscayne, Florida 33149 after May 27 2003 at a
charge of $50.00 per set payable by the check or cash to TeTraTech WHS. Copies of Bid
Documents are non -returnable and non-refundable. A surety performance signed
payment bond in an amount equal to one hundred percent (100%) of the contract amount
must be submitted within ten (10) calendar days after notification of award.
A pre -bid conference for interested parties will be held at Village Hall, in the Building
Zoning and Planning Department Conference Room, second floor, 88 West McIntyre
Street Key Biscayne, Florida 33149 at 10:00 am on Monday June 2, 2003. Attendance at
this conference is mandatory in order to submit a bid for this project.
All bids shall be submitted in accordance with the invitation to bidders and the plans and
specifications. The Village of Key Biscayne reserves the right to waive any informality
on any bid, and the Village Manager may reject any and all bids, and re -advertise the
Proj ect.
}
,
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we MEF Construction, Inc.
782 N.W. LeJeune Rd.#640, Miami, FL 33126
as Principal, hereinafter called the Principal, Great American Insurance Company
and
2701 Maitland Center Parkway, #125, Maitland, FL 32751
a corporation duly organized under the laws of the State of Ohio
as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Key Biscayne, 88
West McIntyre Street, Village of Key Biscayne
as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid (5%)
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has submitted a bid for Grapetree Drive Traffic Calming, Engineer's
Project #8081.00
NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed June 13, 2003.
Witnesses:
MEF Construction, Inc.
Great American Insurance Company
By:
Michael Bonet, Attorney -In -Fact and
Florida Resident Agent
(Seal)
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 017672
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -
in -fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name
MICHAEL A. HOLMES
GERALD J ARCH
MICHAEL BONET
Address Limit of Power
ALL OF ALL
FT. LAUDERDALE, FLORIDA UNLIMITED
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-m-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 31ST day of JANUARY 2003
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss: DOUGLAS R. BOWEN (513-369-3811)
On this 31ST day of JANUARY, 2003 , before me personally appeared DOUGLAS R. BOWEN. to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attomevs-in-Fact to execute on behalf of the Company. as surety, any and all bonds, undertakings and
contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to
revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract or suretyship. or
other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer
and the original seal of the Company; to be valid and binding upon the Company with the same .force and effect as though manually' affixed.
CERT, + ICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 13th day of June , 2003
S 1029T (11!01)
TERRORISM COVERAGE RIDER
NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. N / A (Bid) , effective 6/13/03
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
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The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
I --)(Aiii/ A
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PROPOSAL QUESTIONNAIRE
The following shall be completely filled in by each Bidder:
The undersigned guarantees the truth and accuracy of all statements and answers herein contained:
1. How many years has your organization been in business as a general contractor?
ii ?Eh (7..-S
2. List any public works contracts you have performed with any governmental agency having a
value in excess of $200,000 within the last ten years:
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ora pc. --1-( �c coeccAo.m- c--t v)1S ; J 4 O D00 'd
FeeNwoop it -c fR-RijE- errs - kei ? isc, 4.255-1000‘22-
c9towArtbwk) StpE &I4 -- ctTci of Mtpc-Niti _ d, q -G S‘/TOC'Q es
3. Were all contracts listed in No. 2 above completed within the time period without
extensions?
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4. Were liquidated damages incurred by the contractor for non -timely completion and, the
extent to which additional time extensions were granted on all contracts that were not so
timely completed.
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5. Was the Surety on any Public Works bond ever notified that the Bidder was in default in the
performance of such contracts; and if such default notice was so given, please indicate in
detail how much claim default was resolved:
No
6. Indicate the number of times in which arbitration or litigation ensued from any Public Works
contract within the last ten years, as well as the result of such arbitration of litigation (i.e.,
whether the same was settled or resolved by trial and who prevailed between the Bidder and
the governmental agency involved):
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7. Please provide a history of similar projects you have completed, other than those listed in
No. 2 above, including project name, owner, value of work performed, percentage
completed:
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8. What is the last project of this nature that you have completed?
GAN r.-0 DK CA-t-okVo So --b -PiE, S 1 Irl ega -r ,
9. Have you ever failed to complete work awarded to you? If so, where and why?
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10. The following are named as three corporations or individuals for which you have performed
work and to which you refer.
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C rrl oT Co'RAt. q +sCiI.ES
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11. Will you sublet any part of this work? I so, give subcontractor's name and which portion of
work to be sublet.
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12. What equipment do you own that is available for the work? -
,,150ac,a-rr 8-3-3, "Pwe-Hoy Gn-sE seoL) 31p~4'777.►ck.,. ,
Ate jt„ --RAT eizi\v-o c . V _ ) PLN-TE ccooKfA-ErbYL, sizzu sALA)
13. What equipment will you purchase for the proposed work?
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14. What equipment will you rent for the proposed work?
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15. The following is given as, a summary of the financial statement of the undersigned (list assets
and liabilities and use insert sheet if necessary):
5E
T p§- m tCA( ST)ecrer sir
16. State the true, exact, correct and complete name of the partnership, corporation or trade name
under which you do business, and the address of the place of business. (If a corporation,
state the name of the president and secretary. If a partnership, state the names of all partners.
If a trade name, state the names of the individuals who do business under the trade name). It
is absolutely necessary that this information be furnished.
(a)
(b)
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4E..F coas„zucrtoN
(Correct Name of Bidder)
The business is a C.oRPO 12A - r1
The address of the principal place of business is:
.1'az I) W 42. ANN sv fl E. 44O
l�UPet 1) L 33126
(c) The names of corporate officers, or partners, or individuals doing business under a
trade name are as follows:
MAruN E. OcAck)A
- -PRES1DENT • T $uitr..
kcuxtit, O c-st4 A — +P.Es f StrMETPetw
(Bidder)
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SCHEDULE OF BID ITEMS
Item
No.
Description
Unit
Estimated
Quantity
Unit
Cost
Total
Grapetree Drive Traffic Calming
101-1
Mobilization
LS
1
i 2,50 0
4 2,500.0D-
101-2
Indenmification
LS
1
$25.00
$25.00
101-3
Performance and Payment
Guaranty & Insurance
LS
1
k 3,boo t
4 3 pop le
102-1
Maintenance of Traffic
LS
1
3i 0 O o 'a
4 31000
.‘2.
110-1
Clearing and Grubbing
LS
1
4 3,OCU-'-
4 3,0oo ,a
110-4
Remove Existing Asphalt - Street .
SY
1600
A 13, s'c'
421 (oo vx
160-4
12" Stabilized Subgrade
' SY
200
4 Z/-1
L g0O f
200-1
Limerock Base
SY
140
4 Z4{ "9-
432 3C,c Ye -
210 -1
Rework Limerock Base - Circle
SY
400
tt 9 a-41-
* 37 (,or
210-1A
Limerock Base — Speed
ReworTables
SY
133
133
4 Q o, _
11il q-. 21
210-1B
Rework Limerock Base -
Intersection
SY
125
VI tua.
6.
1 �Z� r
210-2
Extra Limerock Base Material
TON
80
4. 2 c),!=
'i to o ft -
331 -1
Type-3'Asphaltic Concrete
1 -I
1/2
SY
200
9"1.-10.,°=
+32-oo
390-1
Brick Pavers
SY
700
4 5 ii'
4 39- ,b b O ao
520-1A
CoralT "E" Curb &Gutter, Key
LF
140
isn ta
4 3 920 • Q4,
1
520-1B
Type "E" Curb & Gutter, Key
Coral, Modified
LF
65
#22...9-s1
4 if 43t
520-1 C
Type "D" Curb, Key Coral
LF
275
•i 20. *-A.
A 5 S O .'_
520-1D
12" Concrete Band, Key Coral
LF
350
24-} 9)
Si S9-5 .°-2
520-1F
24" Concrete Band, Key Coral
LF
128
$ L2, 0A
4 S, 31-(0,`-'-'
522-1
Remove & Replace 4" Sidewalk
SY
84
It) z+S 9.
3)910. f"
522-2
Remove & Replace 6" Sidewalk
SY
17
t :"---
A 1, 19,0 °s
700-1
Traffic Signs
EA
10
at t-mo?
41 qiseto p°
711-1
Thermoplastic Striping
SF
500
e 5. °s-
4 2�50b•
Grapetree-proposalspc.doc052303
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SCHEDULE OF BID ITEMS
Item
No.
Description
Unit
Estimated
Quantity
Unit
Cost
Total
711-2
Reflective Pavement Marker
EA
48
24, 20 7--si-
4 (1(O ,
800-1
Landscaping Allowance
LS
1
$16,000.00
$16,000.00
801-1
Relocate Light Pole
EA
1
4 5, 000 7.
51 O O O.sm-
948-1A
4" PVC Sleeves
LF
70
cla IZ,92
4 via J12"
TOTAL BID 4 i 4 1 3-i f, Ce—c
TOTAL BID IN WORDS uNE. Vv02END a. 0l►J6 TMOas4i J
-T.12EE 4-1u N on:ED 5 ek 'G 141 -ET D x)7'100
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