HomeMy WebLinkAboutDownrite Engineering Corp.
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SECTION 00300
BID FORM
Bid of Downrite Enqineerinq Corp.
Address 14241 SW 143 Court, Miami, FL 33186
Phone 305-232-2340
To furnish all materials, equipment and labor and to perform all work in accordance with
the Contract Documents for construction of: sanitary sewer collection system with
gravity sewer lines, manholes, WASD Lift Station and Force main; Paving, Grading, and
Drainage improvements; Under grounding of certain utilities, such as FPL Power,
CATV, and Telephone will require coordination with others. The installation of a new
water main with services is also proposed by the City of North Miami Beach to be
constructed contemporaneously, but not as a part of this contract located in the CITY
OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
The undersigned Bidder has carefully examined the Bidding Documents and the site of
the proposed work and is familiar with the nature and extent of the work and any local
conditions that may in any manner affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for by
the Bidding Documents, in the manner prescribed therein and to the standards of quality
and performance established by the Engineer for the unit price amounts stated in the
spaces herein provided, for each of the items or combination of items stipulated. Unit
price line items shall include cost of implementing all applicable safety requirements.
Bidder acknowledges that estimated quantities scheduled are approximated for the sole
purpose of obtaining comparative bids for determination of the lowest responsible and
responsive bidder whose bid best serves the interest of, and represents the best value
to, the Owner pursuant to the criteria set forth in Section 62-8 of the City Code, and that
actual quantities required may increase or decrease. Bidder further agrees that
payments will be made on the basis of actual quantities placed and accepted in the
construction. Bidder acknowledges that price is only a factor in determining the lowest
responsible and responsive bidder.
05/08
00300-1
05-4893
Atlantic Isles Roadway and Utility Improvements
Bid Estimated
Item Descri tion Quantity Unit Unit Price Estimated Total
I. General
1 Mobilization and Demobilization (< 5 %) LS $ 20,000.00 $ 20,000.00
2 MOT, per FOOT including temporary striping and
signage, barricades, barriers, arrow panels, etc, as $ 30,000,00
required, LS $ 30,000,00
Subtotal-General $ 50,000.00
II. Civil
A Demolition I Site Preparation
3 Asphalt pavement demolition/hauling and disposal LS $ 7,300.00 $ 7,300.00
4 Driveway demolition/Hauling and disposal LS $ 58,000.00 $ 58,000.00
5 Drainage structures to be removed or abandoned
in place and filled with flowable fill LS $ 25,000.00 $ 25,000.00
6 Relocate or adjust existing street signs LS $ 1.000.00 $ 1,000.00
7 Remove power / light poles LS $ 1 nnn nn $1.000.00
,
8 Relocate existing mailboxes LS $ 8 "i00 00 $ 8,500.00
B Earthwork
9 Green areas in R/W, including fine grade swales
and sod (between back of curb & R/W) LS $ 18,000.00 $ 18,000.00
10 Roadway earthwork LS $ 30.000 00 $ 30,000.00
C Paving
11 Asphalt type, FC 12.7, 2.0 inches 8,400 SY $ 15.00 $1/6 000 nn
12 8" Iimerock base 10,000 SY $ 9.50 $95,000.00
13 12" Stabilize sub-base material 11 ,000 SY $ 4.50 $ 49,500.00
14 Select fill 3,350 CY $ 14.00 $46,900.00
15 Driveway restoration (per detail on sheet C19) 2,150 SY $ 40.50 $ 87,075.00
16 Type F curb and gutter 3,170 LF $ 10.32 $32,714.40
17 Valley gutter 2,175 LF $ 10.32 $ 22,446.00
18 Transition curb 500 LF $ 8.00 $ 4,000.00
1 9 Concrete flume 6 EA $ 350.00 $1,750.00
20 Flare end curb 4 EA $ 300.00 $ 1.200.00
21 Pavement seam joint at bridge location 1 LS $ 1,000.00 $1,000,00
D Drainage Structures and Piles
22 Curb drop inlets 22 EA $ 2.400.00 $<;780000
23 Manhole Cover & Frame 2 EA $ 750.00 $1,500.00
24 Catch basin Type E 3 EA $ 3,100.00 $ 9,300,00
25 Catch basin Type D 8 EA $ 2,700.00 $ 21.600,00
26 Catch basin Type C 14 EA $ 2,350.00 $ 32,900.00
27 Control structures 1 LS $ 9,736.00 $9,736.00
28 Pollution retardant baffles 26 EA $ 250.00 $ 6,500,00
29 Furnish & Install 15" RCP drainage pipe complete
(including but not limited to excavation, bedding,
backfill, compaction & restoration as per plans
and specifications) 770 LF $ 33.00 $ 25,410.00
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05/08-Addendum No.5
00300-2
05-4893
Atlantic Isles Roadway and Utility Improvements
Bid Estimated
Item Descri tion Quantity Unit Unit Price Estimated Total
30 Furnish & Install 18" RCP drainage pipe complete
(including but not limited to excavation, bedding,
backfill, compaction & restoration as per plans
and specifications) 325 LF $ 38.00 $ 12,350.00
31 Furnish & Install 24" RCP drainage pipe complete
(including but not limited to excavation, bedding.
backfill, compaction & restoration as per plans
and specifications) 1,650 LF $ 47.00 $ 77,550.00
32 Furnish & Install 30" RCP drainage pipe complete
(including but not limited to excavation, bedding,
backfill, compaction & restoration as per plans
and specifications) 720 LF $ 68.00 $ 48,960.00
33 Ultralite Tideflex Check Valve 1 EA $8,900.00 $ 8,900,00
34 Vortech-Model 5000 1 LS $ 39.000.00 $ 39,000.00
E Senitsry Sewer System and Force Main per
WASD Standards/Spec
35 F&I 8" PVC sanitary sewer complete (including
but not limited to excavation, bedding, backfill.
compaction & restoration as per plans and
specifications) 2,340 LF $ 38.00 $ 88,920,00
36 F&I 8" DIP sanitary sewer complete (including but
not limited to excavation, bedding, backfill,
compaction & restoration as per plans and
specifications) 120 LF $ 50.00 $ 6,000,00
37 F&I 10" PVC sanitary sewer complete (including
but not limited to excavation, bedding, backfill,
compaction & restoration as per plans and
specifications) 270 LF $52.00 $14,040.00
38 F&I 12" PVC sanitary sewer complete (including
but not limited to excavation, bedding, backfill,
compaction & restoration as per plans and
specifications) 45 LF $ 60.00 $ 2,700,00
39 Sanitary drop manholes 48" dia. 1 EA $ 2,650.00 $ 2,650.00
40 Core drill existing manhole #24 1 EA $ 2,500.00 $ 2.500.00
41 Sanitary manholes 48" dia, 22 EA $ 2,350.00 $ 51.700,00
42 F&I 6" DIP force main complete (including but not
limited to excavation, bedding, backfill,
compaction & restoration as per plans and
specifications) 1,150 LF $37,00 $42.550.00
43 F&I 8" DIP force main complete (including but not
limited to excavation, bedding, backfill,
compaction & restoration as per plans and
specifications) 50 LF $ 48.00 $ 2.400.00
44 Miscellaneous sanitary PVC fittings 1 LS $ 7.440 00 $ 7 440 00
45 Miscellaneous DIP valves and fittings 1 LS $g40000 $ g 400 00
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46 F&I 6" sanitary services laterals complete
(including but not limited to excavation, bedding,
backfill, compaction & restoration as per plans
and specifications) 62 EA $ 1,400.00 $ 86,800.00
47 F&I 6" Force main bridge crossing as per detail on
addendum (Bridge No. A) 63 LF $ 638 75 $ 40 ?41 ?'i
48 F&I 6" Force main bridge crossing as per detail on .
addendum (Bridge No, 8) 51 LF $ 638.75 $ 32 576 25
OS/08-Addendum NO.5 00300-3 05-4893
Atlantic Isles Roadway and Utility Improvements
Bid
Item
Description
Estimated
Quantity Unit
Unit Price
Estimated Total
F Lift Station
49 Complete as per plans to include but not limited
to labor. equipment. materials, electric.
mechanical. earthwork. etc LS $160,000.00 $ 160,000.00
G Pavement Marking, Striping and Signage
50 18" yellow solid line 76 LF $ 3.80 $ 288,80
51 18" white solid line 290 LF $3.80 $1,102.00
52 24" stop bar 18 LF $ "i 00 $ 90.00
53 6" double yellow 122 LF $ 1 40 $ 1 70 RO
54 8" white 10'-30' skip 0,50 GM $ 3 800 on $ 1 gOO 00
, ,
55 8" white solid line 351 LF $ 070 $ 245,70
56 RPM amber/amber 85 EA $ R "i0 $ 722.50
5 7 RPM blue/blue 6 EA $ 850 $ 51.00
58 R5- 1 (Do Not Enter) 3 EA $ 240.00 $ 720.00
59 R6- 1 L (One Way) 1 EA $ 240.00 $ 240.00
60 R6-1 R (One Way) 3 EA $ 740.00 $ 720.00
61 R3- 1 (No Right Turn) 1 EA $ 240.00 $ 240.00
62 Rl -2 (Yield) 1 EA $ 240.00 $ 240,00
Subtotal-Civil $ 1,519,539.70
III, Electrical - Street Lighting
63 Furnish and install decorative light pole cost 33 EA $ 7.674.65 $253.263.45
64 Furnish and install decorative light fixture cost 33 EA $4,364.54 $144,029.82
65 Wiring of light fixtures 33 EA $ 340.78 $11,245.74
66 Copper wiring (As per Plans) 16.000 LF $ 3.22 $ 51,520.00
67 Furnish and install 2" schedule 40 PVC conduit to
include trenching (6" x 12" deep), backfill and
restoration 4,000 LF $ 6,81 $ /7 740 00
68 Handholes 33 EA $ 2.122.05 $ 70.027.65
69 Copper clad ground rods (5/8" dia x 10'L) 33 EA $ 89.95 $ 2.968.35
70 Panel & Meter Enclosure. including connection to
service Doint LS $ 23,000.00 $ 23,000.00
Subtotal-Electrical $583,295.01
IV. North Miami Beach Water Main Installation
71 Mobilization. General Conditions 10nly for items in
IV Installation of Water Main System) LS $10,000,00 $10,000.00
72 Abandonment / Removal of Existing Water
System 1 LS $ 6.750,00 $ 6,750.00
73 Install 8" PVC Pipe C-900 2,560 LF $ 28.00 $ 71.680.00
74 Install 6" PVC Pipe C-900 420 LF $ 18,00 $ 7,560.00
75 Install 4" Polyethylene Casing Pipe 85 LF $ 12,00 $ 1,020.00
76 Install 2" Polyethylene Casing Pipe 770 LF $ 5.00 $ 3,850.00
77 c;:c;: itra~~ 1U I:A ~ LbU.UU ~ L,bUU.UU
78 Install Fire Hydrants 6 EA $ 2.500.00 $ 15 000 00
05/0B-Addendum No, 5 00300-4 05-4893
Atlantic Isles Roadway and Utility Improvements
Bid Estimated
Item Descri tion Quantity Unit Unit Price Estimated Total
79 Install 6" Transitional Sleeve 1 EA $ 400.00 $400,00
80 Install 8" Gate Valves 6 EA $1.450.00 $8.700,00
81 Install 6" Gate Valves 10 EA $ 1,150.00 $11.500.00
82 Install B" x B" Tee 2 EA $ 550,00 $1.100.00
83 Install 8" x 900 Bend 4 EA $ 420.00 $1,680.00
B4 Install 8" x 450 Bend 14 EA $ 420,00 $ 5.880.00
85 Install 8" x 22.50 Bend 2 EA $ 420,00 $840.00
86 Install 8" x 11.250 Bend 3 EA $420.00 $1,260.00
87 Install B" x 6" Tee 9 EA $ 510.00 $4,590.00
88 Install 8" x 6" Reducer 3 EA $ 400.00 $1,200.00
89 Install 6" x 450 Bend 1 EA $ 300.00 $ 300.00
90 Install 6" x 22,50 Bend 1 EA $ 300.00 $ 300.00
91 Install 6" x 6"Tee 2 EA $ 360.00 $ 720.00
92 Install 6" Cap 1 EA $ 120.00 $120.00
93 Install 6" x 2" Tapped Cap 2 EA $ 780.00 $ 1,560.00
94 Install Corporation Stop Tap to 8" DIP w/Tapping
Saddle 2 EA $ 500.00 $1,000.00
95 Install 2" RSGV 2 EA $ 750.00 $1,500.00
96 Install Service Connection 1 " w/PVC Casing 34 EA $ 600.00 $ 20,400.00
97 Install Service Connection 1" Double w/PVC
Casing 1 EA $ 600.00 $600,00
98 Install Service Connection 2" w/PVC Casing 6 EA $ 2,600.00 $15,600.00
99 Install Service Connection 2" Double w/PVC
Casing 10 EA $2,600.00 $26,000.00
Subtotal - North Miami Beach Water Main
Installation $ 223,710.00
V. Miscellaneous
100 Contingency LS $250,000.00 $250,000.00
VI. FPL Undergrounding
101 Allowance Account LS $500,000.00 $500,000.00
TOTAL BASE BID (Item I Thru VII 1$ 3,126,544.71
Three Million One Hundred Twenty Six Thousand Five Hundred Fourty Four Dollars & Seventy One Cents
Downrite EnQineering Corp.
(Contractor)
Written
Julv 7th. 2008
(Date)
OS/08-Addendum No, 5
00300-5
05-4893
BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ 5% of
the bid made payable to the Owner which may be forfeited as liquidated damages if, in the
event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and
pay for the required performance and payment bonds for the Owner within 10 days after
acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to
the undersigned. '
The undersigned Bidder agrees to commence work within 10 days after the date of written
Notice to Proceed, and further agrees to substantially complete the work within 160 consecutive
calendar days after the date of written Notice to Proceed, subject to such extensions of time
allowed by the Conditions of the Contract.
The undersigned Bidder also agrees to complete the entire work within 170 days after the
Contract time commences to run,
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a
period of 60 days after the scheduled closing time for receiving bids,
The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar
day elapsing between the date established as the date of final completion and the actual date of
final completion of the contract work, the amount of $2,000,00 per calendar day,
The Owner agrees, as a bonus for each calendar day of early completion before the date
established as the date of final completion and the actual date of final completion of the contract
work, the amount of $2,000.00 per calendar day, The bonus is limited to a maximum of
$60,000.00.
05/08
00300-6
05-4893
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
1. X
,2, x
,3,
x
,4. X
,5, x
Dated this 7th day of July 2008
(month) (year)
Contractor:
Downrite Engineering Corp,
Address:
14241 SN 143 Court, Miami, FL 33186
*
SEAL
*
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
05/08
00300-7
05-4893
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DOCUMENT 00401
BID BOND
BIDDER (Name and Address):
DOWNRITE ENGINEERING CORPORATION
14241 S.W. 143rd Court
Miami. Florida 33186
SURETY (Name and Address of Principal Place of Business):
LIBERTY MUTUAL INSURANCE COMPANY
175 B~rkeley Street
Boston, MA 02117
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
SUnny Isles Beach, Florida 33160
BID
BID DUE DATE: F./?1/0R
PROJECT (Brief Description including Location):
ATLANTIC ISLES ROADWAY & UTILITY IMPROVEMENTS - Project No. 05-4893/Bid No. 08-06-01
BOND NUMBER: NIA
DATE: (Not later than Bid Due Date): 6/19/08
PENAL SUM: Fiv~ ppr~~nt of Bid Proposa1 Submitted (5%)
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IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms
printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or representative,
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BIDDER
SURETY
By:
LIBERTY M
Surety's
Yl2eSldcnT By:
(Seal)
(Seal)
--,
Attest:
Sig ature and Title Charles J. Nielson,
(Attach Power of Attorney) Atty. -In-Fact/
~ Fla. Res. Agent
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Signature and Title Secretary
Note:
(1 )
(2)
Above addresses are to be used for giving required notice.
Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
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05/08 Final Version
00401-1
05-4893
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1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon delault of
Bidder any difference between the total amount of Bidder's
bid and the total amount of the bid of the next lowest,
responsible and responsive bidder as determined by Owner
lor the Work required by the Contract Documents, provided
that:
1.1. It there is no such next lowest. responsible and
responsive bidder, and Owner does not
abandon the ProJect, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1.2. In no event shall Bidder's and Surety's obligation
hereunder exceed the penal sum set forth on
the face of this Bond.
2, Default of Bidder shall occur upon the failure of Bidder
to deliver within Ihe time required by the Bidding Documents
(or any extension thereof agreed to in writing by Owner) Ihe
executed Agreement required by the Bidding Documents
and any performance and payment bonds required by the
Bidding Documents and Contract Documents.
3.
This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder delivers
wilhin the time required by the Bidding
Documents (or any extension thereof agreed to
in writing by Owner) the executed Agreement
required by the Bidding Documents and any
performance and payment bonds required by
the Bidding Documents and Contract
Documents, or
3.2, All bids are rejected by Owner, or
3.3. Owner falls to issue a notice of award to Bidder
within the time specified in the Bidding
Documents (or any extension thereof agreed to
in writing by Bidder and, if applicable, consented
to by Surety when required by paragraph 5
hereof) .
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after receipt
by Bidder and Surety of written notice of default from Owner,
which notice will be given with reasonable promptness,
identifying this Bond and the Project and including a
statement of the amount due.
5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue notice
of award agreed to in writing by Owner and Bidder. provided
that the total time for issuing notice of award including
extensions shall not in the aggregate exceed 120 days from
Bid Due Date without Surety's written consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default, as
required in Paragraph 4 above, is received by Bidder and
Surety and in no case later than one year after Bid Due
Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction located
in the state in which the Project is located.
8, Notices required hereunder shall be in writing and
sent 10 Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent
by personal delivery, commercial courier or by United States
Registered or Certified Mail, return receipt requested,
postage pre-paid, and shall be deemed to be effective upon
receipt by the party concerned,
9, Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing Ihe
authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver
such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements, Any applicable requirement of any
applicable statute that has been omitted from this Bond shall
be deemed to be included herein as if set forth at length. If
any proviSion of this Bond conflicts with any applicable
provision of this Bond conflicts with any applicable provision
of any applicable statute. then the provIsion of said statute
shall govern and the remainder of this Bond that is not in
conflict therewith shall continue in full force and effect,
11. The term "bid" as used herein includes a bid, offer or
proposal as applicable,
05/08 Final Version
00401-2
05-4893
2253242
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
MARY C. ACEVES, CHARLES J. NIELSON, WARREN ALTER, KRISTI MESSEL, LAURA CLYMER, CHARLES D. NIELSON,
NICOLE M. WILLIAMS, DAVID R. HOOVER, ALL OFTHE CITY OF MIAMI LAKES, STATE OF FLORIDA.............................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, anv and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100............,....... DOLLARS ($ 50,000.000.00..... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons,
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings,
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary,
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unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year J: 0::1'
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By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W, Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations,
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 6th day of December
2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
ss
LIBERTY MUTUAL INSURANCE COMPANY
ByC4 tY- ~~
Garnet W, Elliott, Assistant Secretary
On this ~ day of December , 2007 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
COMMONWEALTH OF PENN YLV
I NolarialSwJ
I T iY~ Paslel!a, NO'.at.,. Public
I f')m;:<.fu T wp., MOIllgOfOOJy Cou1l'j
i My~ Expires Mar. 28. 200iJ
Ml::?I'H1HH, Pt:H"l1'l!3:0v&nla h~$oc1aHafl of NtWirltt
CERTIFICATE
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BY~
Teresa Pastella, Notary Public
I, the undersigned, Assistan retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company,
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980,
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed,
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
JllnE> , 2008
19th
day of
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SWORN STATeMeNT PURSUANT TO SeCTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS,
1.
This sworn statement is submitted to
City of Sunny Isles Beach
[print name of the public entity]
by
Samuel Lobue, President
[print individual's name and title)
Downrite Engineering Corp.
[print name of entity submitting sworn statement]
for
whose business address is
14241 SW 143 Court
Miami, FL 33186
and (if applicable) its Federal Employer Identification Number (FEIN) is 59-2591090
(If the entity has no FEIN, include the Social Security Number of the individual signing this swom
statement .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(9), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation, .
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida
Statues, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
4, I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1, A predecessor or successor of a person convicted of a public entity crime; or
2, An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income among
persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person, A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity, The tenn "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
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6, Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this swom statement. [Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989,
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287,017, FLORIDA STATUTES FOR CAT GORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM. ~
Sworn to and subscribed before me this
day Of]e , 20JlB
( 0-
U---_
Notary Public - State of Florida
23
Personally known
OR Produced identification
x
(Type of identification)
~, PUb pAMElA iE~ 666725
~cY ......;/C' \,\'i cO\,\\,\\SS\QtH Q11
* ~ EXPIRES', Mav 3, 2 seNiceS
",'" Boooeil1nro Butlge\ Notarj
<.P}'-'I~Off\"O~
(Printed typed or stamped
commissioned name of notary public)
My commission expires
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DOCUMENT 00403
TRENCH SAFETY ACT
(90-96, Laws of Florida)
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total
Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990, The bidder further identifies the costs of such compliance to be
summarized below:
Trench Safety
Measure
(Description)
Trenchbox
A.
B.
C.
D.
Unit of
Measure
(LFSF)
L.F.
Unit
(Quantity)
Unit
Cost
Extended
Cost
$6.00
3,465
$20,790.00
Total $ $20,790,00
If applicable, the Contractor certifies that all trench excavation done within his control in excess
of five feet in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and Subarticle 125-4,1 (TRENCH EXCAVATION SAFETY
SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non-responsive.
Contractor agrees that the above safety compliances a~~ VCkage
Signature of Bidding Contractor
END OF DOCUMENT
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DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to comply with this requirement may cause its
rejection, Additional sheets shall be attached as required.
1. Contractor's Name/Address: Downrite Engineering Corp.
14241 SW 143 Court
~iami, 1=1 11186
2,
Contractor's Telephone Number:
305-232-2340
3, Contractor's License: See Exhibit "A"
Primary Classification: See Exhibit "B"
4, Number of years as a Contractor in construction work of the type involved in this Contract: 25
5. List the names and titles of 211 officers of Contractor's firm:
Samuel Lobue, President
Joseph Lobue, Vice President
Georgeann Lobue, Operations Vice President
6. Name of person who inspected site or proposed work for your firm:
Name: Eddy Santamarina
Date of Inspection:
June 4, 2008
7. What is the last project of this nature you have completed?
See Exhibit "C"
8. Have you ever failed to complete work awarded to you; if so, where and why?
No
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9. Name three individuals or corporations for which you have performed work and to which you refer:
Lennar Homes. Rey Melendi. 305-559-1951
Shoma Development, Masoud Shojaee, 786-437-8587
Woolbright Development, Don Stiller, 561-989-7220
10. List the following information concerning all contracts on hand as of the date of submission of this
proposal. (In case of co-venture, list the information for all co-ventures),
NAME
OF
PROJECT
TOTAL
CONTRACT
VALUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
CITY
See Exhibit "("
(Continue list on inset sheet, if necessary)
11, What equipment do you own that is available for the work?
12 Bobcats, 27 Excavators, 39 Dump Trucks
24 Backhoes, 12 Graders, Trenchers
18 Bulldozers, 20 Loaders, Water Trucks
4 Pavers, 31 Rollers
12, What equipment will you purchase for the proposed work?
None
NOTE: Attach additional sheets if required,
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
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STATE OF FLORIDA
II Exhibit A"
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
LOBUE, SAMUEL
DOWNRITE ENGINEERING CORP
14241 SW 143RD CT
MIAMI FL 33186
. STATE Of FLORIDA ACI 2bl.S93
DBPARTMENT OF BUSINESS AND
~ ' PROFBSSIONAL REGULATION
CUC122419 8
06/13/06 050813437
CBRT UNDBRGROUND ~ BXCAV CNTR
LOBUB, SAMUEL
DOWNRITB BNGINBBRING CORP
IS CBRTIFIXD under the provldoa. of ch.489 ra
_irati.... clot.. AUG 31, 2008 L06061101lU
DETACH HERE
AC# 26159 3 8
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L0606130118~
: . LICENSE NBR
06 13 2006 050813437 CUC1224198
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2008
~g~fTi~~~NEERING CORP
14241 SW 143RD CT
MIAMI FL 33186
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
SIMONE MARSTILLER
SECRETARY
"Exhibit 8"
M,lAM. CTQB
:E!:m ConstructIOn Trad" Qualifying Board
. BUSINESS CERllFlCAT! Of COMPETENCY
E473
Exp. Date: 09/30/2009
LO BUE SAMUEl
DOWNRfTl: ENGINEERING CORP
D.B.A.:
QV~JFY!~ TRADE{S)
0003 PIPE LINE ENG
0007 PAVING ENGINEERING
0008 CONCRETE ENGINEER
0009 EXCAU & GRADING ENG
0017 DIRECT CATV
Hermlnlo F. Gonzllu P.f. J.--r ~
--"",,--.gc-
.,
VALID FOR CONTRACTING
"Exhibit e"
DOWNRllE ENGINEERING COR~
--- CttRRCNT MAJOR PROJECfS
Project Name: Bavwinds Residential Parcels (Phase I)
Address: Mediterranean Blvd. & Pacific Blvd., Homestead, FI.
Owner: Lennar Homes
Engineer: Ford Engineers
General Contractor: Caribe Homes
Contact Person: Charlie Martinez
Phone: 305-273-1303
Contract Amount: $8,585,950.00
Scope of Work: Site Clearing & Total Land Development
Percentage of Completion: 95%
Scheduled Date of Completion: April 2008
Project Name: Fountainebleu
Address: Flagler St. & NW 9ih Ave., Miami, FI.
Owner: Shoma Homes
Engineer: Milian, Swain & Associates
General Contractor: Shoma Homes
Contact Person: Masoud Shojaee
Phone: 786-437-8587
Contract Amount: $24,874,020.00
Scope of Work: Site Clearing & Total Land Development
Percentage of Completion: 50%
Scheduled Date of Completion: November 2008
Project Name: London Sauare
Address: SW 137th Ave. & SW 120th St., Miami, FL
Owner; Woolbright Development
Engineer: Ford Engineering
General Contractor: Woolbright Development
Contact Person: Donald Stiller
Phone: 561-989-7220
Contract Amount: $10,500,000.00
Scope of Work: Site Clearing & Total Land Development
Percentage of Completion: 90%
Scheduled Date of Completion: April 2008
14241 SOUTHWEST 143 COURT. MIAMI, FLORIDA 33186 . (305) 232-2340 . FAX: (3051 232-5386
Project Name: Homestead Pavilion
Address: Campbell Dr. & Florida Turnpike Extension, Homestead, FL
Owner: Developers Diversified Realty
Engineer: Carlos J. Ballbe, PA
General Contractor: Developers Diversified Realty
Contact Person: Keith Fitz
Phone: 216-755-5500
Contract Amount: $11,189,000.00
Scope of Work: Site Clearing & Total Land Development
Percentage of Completion: 63%
Scheduled Date of Completion: June 2008
Project Name: Park Sauare
Address: NW 41st St. & NW 82nd Ave., Miami, FI.
Owner: Shoma Homes
Engineer: Milian, Swain & Associates
General Contractor: Shoma Homes
Contact Person: Masoud Shojaee
Phone: 786-437-8587
Contract Amount: $10,291,446.00
Scope of Work: Site Clearing & Total Land Development
Percentage of Completion: 70%
Scheduled Date of Completion: June 2008
Project Name: United States Postal Service- ODa-Locka
Address: NW 142nd St. & Aviation Dr., Opa-Locka, FL
Owner: The Korte Company
Engineer: Taylor Engineering, LLC. & Berger Avart, Inc.
General Contractor: The Korte Company
Contact Person: Brent Korte
Phone: 314-242-0224
Contract Amount: $4,107,000.00
Scope of Work: Site Clearing & Total Land Development
Percentage of Completion: 10%
Scheduled Date of Completion: September 2008
DOWNRllE ENGINEERING CORP.
COMPLETED MAJOR PROJECTS
Project Name: Bavwinds Earthwork &. Spine Road Infrastructure
Address: Mediterranean Blvd. & Pacific Blvd., Homestead, Fl.
Owner: Lennar Homes
Engineer: Ford Engineers
General Contractor: Caribe Homes
Contact Person: Charlie Martinez
Phone: 305-273-1303
Contract Amount: $18,457,950.00
Completed: November 2007
Scope of Work: Site Clearing & Total Land Development
Project Name: DolDhin Mall
Address: NW 12 Ave. & NW uih Ave.
Owner: Codina Construction
Engineer: Keith & Schines Associates
General Contractor: Codina Construction
Contact Person: Hector Rodriguez
Phone: 305-796-0424
Contract Amount: $15,070,390.00
Completed: September 2001
Scope of Work: Site Clearing & Total Land Development
Project Name: Buenaventura
Address: Campbell Drive & SW 142nd Ave., Homestead, FL
Owner: Landstar
Engineer: Carlos Ballbe
General Contractor: Landstar Homes
Contact Person: Keith O'Brien
Phone: 561-239-5651
Contract Amount: $10,052,296.00
Completed: September 2004
Scope of Work: Site Clearing & Total Land Development
Project Name: Harbour Lakes Estates
Address: SW 21 St. & SW 184 Ave. Miramar, FL
Owner: Lennar
Engineer: Miller, Legg & Associates
General Contractor: Shoma Homes
Contact Person: Masoud Shojaee
Phone: 786-437-8587
Contract Amount: $8,526,126.00
Completed: April 2002
Scope of Work: Site Clearing & Total Land Development
14241 SOUTHWEST 143 COURT. MIAMI, FLORIDA 33186. (305) 232,2340. FAX: (305) 232-5386
ProjP-ct Name' Oasis
Address: SW 14ih Ave. & Campbell Dr., Homestead, FL
Owner: Lennar Homes
Engineer: Ford Engineering
General Contractor: Caribe Homes
Contact Person: Charlie Martinez
Phone: 305-273-1303
Contract Amount: $50,244,271.00
Completed: October 2007
Scope of Work: Site Clearing & Total Land Development
Project Name: Old Cutler Pointe
Address: Old Cutler Rd. & SW 188th St., Miami, FI.
Owner: Shoma Homes
Engineer: Milian, Swain & Associates
General Contractor: Shoma Homes
Contact Person: Masoud Shojaee
Phone: 786-437-8587
Contract Amount: $25,983,938.42
Completed: April 2006
Scope of Work: Site Clearing & Total Land Development
Project Name: Weiss East Pembroke Center
Address: 1-75 & Pines Blvd., Pembroke Pine, FL
Owner: Carr Holdings, LLC.
Engineer: Calvin, Giordano & Associates
General Contractor: Carr Holdings, LLC.
Contact Person: Jim Carr
Phone: 305-439-0547
Contract Amount: $5,937,715.00
Completed: November 2007
Scope of Work: Site Clearing & Total Land Development
Project Name: Silver Palm
Address: SW 232nd Street & 112th Avenue, Homestead, FL
Owner: Lennar Homes
Engineer: Ford Engineering
General Contractor: Lennar
Contact Person: Rey Melendi
Phone: 305-559-1951
Contract Amount: $20,036,295.00
Completed: January 2007
Scope of Work: Site Clearing & Total Land Development
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LIST OF SUBCONTRACTORS
The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this
Contract in excess of one-half percent of the tolal bid price, and shall also list the portion of the work which
will be done by such Subcontractor. After the opening of Proposals. changes or substitutions will be allowed
with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed,
Work to be Performed
1.
N/A
2,
3,
4,
5,
6,
7,
8,
9,
10,
NOTE: Attach additional sheets if required.
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Subcontractor's Name/Address
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 23 day of June
CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and
(hereinafter called CONTRACTOR),
in the year 20.Q.8 by and between
Downrite Enqineerinq COrD.
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents, The Work
is generally described as follows:
Atlantic Isles Roadwav and Utilitv Imorovements
construction of sanitary sewer collection system with oravity sewer lines. manholes, WASD lift station
and force main: oavino. QradinQ. and drainaoe improvements: under oroundino of certain utilities, such as
FPL oower, CATV. and teleohone, The installation of a new water main with services is also Prooosed by
the Citv of North Miami Beach to be constructed contemporaneouslv. but not currentlv in this contract.
Article 2. ENGINEER.
The Project has been designed by:
Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
(954) 921-7781
who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties
and responsibilities and hal.le the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents,
Article 3. CONTRACT TIMES.
3.1. The Work will be substantially completed within 150 calendar days after the date when the
Contract Times commence to run completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within 180 calendar days after the date when the
Contract Times commence to run.
3.2. L1QUlDA TED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 3,1 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions, They also recognize the delays. expense and difficulties
involved in proving the actual loss suffered by OWNER if the Work is not completed 011 time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two
Thousand and 00/100 dollars ($2000.00) for each day that expires after the time specified In
paragraph 3.1 for each Substantial Completion date until the Work is substantially complete, If
CONTRACTOR shall neglect, refuse or fall to complete the project by the project completion date
within the time specified in paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Thousand
and 00/100 dollars ($2000.00) for each day that expires after the time specified in paragraph 3,1 for
completion and readiness for final payment.
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3.3. EARL Y COMPLETION BONUS. If CONTRACTOR completes the Work prior to the
substantial completion date specified in paragraph 3.1 above, the CONTRACTOR will be eligible 10
receive an early completion bonus in the sum ofTwo Thousand and 00/100 dollars ($2000.00) per
day for each day the Work is complete prior to the substantial completion date specified in
paragraph 3.1, up to a maximum amount of Sixty Thousand and 00/100 dollars ($60,000.00).
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work. in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4,1 below:
4.1. FOR A LUMP SUM CONTRACT OF:
TOTAL BASE BID (Lump sum, Unit prices, and contingency items)
Three Million One Hundred Twenty Six Thousand Five Hundred Fourty Four Dollars & Seventy One Cents
(use words)
($ 3,126,544.71
fig urea
As provided in paragraph 11,03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9,08 of the General Conditions. Unit prices have been computed as provided in paragraph
11,03.8 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retalnage. OWNER shall make progress payments on account of
the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the ~ day of each month during construction as provided in paragraphs
5.1.1. and 5,1.2. below, All such payments will be measured by the schedule of values established
in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based.on the.
number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.
~ % of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed,
.J!L % (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14,02 of the
General Conditions and within Section 9-6.5 partial payments as provided in
FOOT Standard Specifications for Road and Bridge Construction.
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5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by
the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase
to 98% of the contract price (with the balance being retainage), less such amounts as
ENGINEER shall determine, only after receipt of the final as-builts and upon substantial
completion of the project and in accordance with Paragraph 14,02 of the General
Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14,07 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.07,
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed In paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance or furnishing of the Work,
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2,1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of
the General Conditions, CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site, CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto, CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and fumishing of the Work at the contract Price, within the Contract
Times and in accordance with the other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR. information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, Investigations, explorations, tests, studies and data
with the Contract Documents.
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7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 toJ..Q.. inclusive).
8.2. Exhibits to this Agreement (page) A- 3 inclusive),
8.3. Performance, Payment, and other Bonds. identified as exhibits 00600 and 00601 and
consisting of ...!- pages,
8.4. Notice to Proceed,
8.5. General Conditions (pages 00700-1 to 00700-44. inclusive).
8.6. Supplementary Conditions (pages 00800-1 to 00800-14. inclusive) and any amendments
thereto,
B.7. Specifications bearing the title Soecificatlons and consisting of 16 divisions.
8.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing
Index INX-1.
8.9. Addenda No, 5 inclusive.
8.10. CONTRACTOR's Bid.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages lli8 to N/A
inclusive).
8.12. B.12. The following which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraph
3.04 of the General Conditions.
8.13 Amendments and Additions to the Standard General Conditions of the Construction
Contract and the Supplementary Conditions. identified as exhibits N/A and N/A and
consisting of..Q. pages.
The documents listed in paragraphs 8,2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above),
Thl[lre are no Contract Documents other than those listed above in this Article 13, The Contract
Documents may only be amended. modified or supplemented as provided in paragraph 3,04 of the
General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions,
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of the
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party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be Umited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents,
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provisions or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
DESCRIPTION
SHEET NO.
See Exhibit "0'
9.5.2. In accordance with the indemnification provision contained in the General Conditions, the
CONTRACTOR agrees to Indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and
their agents and employees, from or on account of any injuries or damages received or sustained
by any person or person during or on account of any operations connected with the construction of
all Work; or by or in consequence of any negligence in connection with the same; or by use of any
improper materials or by or on account of any act or omission of the said Contractor, subcontractor,
agents, servants, or employees; and
9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, pUblic liability Insurance, by separate certificate, in an amount not less than $1,000,000
for injuries, including willful death, to anyone person and subject to those same limits for each
person, in an amount not less that $1,000,000 for damages as a result of each occurrence and
property damage insurance and in an amount not less than $1,000,000 for damages on anyone
occurrence, Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND their
agents and employees, by making them an additional insured, and shall not be modified or
canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH.
9.5.4 Should the final completion and acceptance of the work herein embraced together with
any modification or additions be delayed beyond the time herein set because of lace of performance
by the Contract, it is understood and agreed that aside from any other liquidated damage per day for
such delay from such time until the work is completed and accepted as herein provided, aU costs of
engineering and inspection on behalf of the Owner will be charged to the contractor and deducted
from any estimate or payment otherwise due and payable to him from time to time. The costs of
engineering and inspection which may be charged to the Contractor by the Owner under this article
shall be equal to the Engineer's charges to the Owner.
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"Exhibit 0"
9.5.1 DRAWINGS
DESCRIPTION
SHEET No.
Notes and specifications
Demolition plan and notes
Horizontal Geometric plan
Paving, grading and drainage plans and details
Typical road section
Drainage and details
Water and Sewer plans, notes and specifications
Forcemain, notes, plans and specifications
Pavement, Markings and Signage plan
Pump station plans
Street lighting plans and notes
G-1
C1 - C5
C6 - C 10
C11-C17
C18-C19
C20
C21 - C27
C28 - C30
C31 - C35
C36 - E4
E100 - E109
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of
the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
This Agr
en will~eon
~.~
, 20_ (which Is the Effective Date of the Agreement),
Downrite Engineering Corp.
---......
ATTEST:
By
[CORPORATE SEAL.]
[CORPORATE SEAL]
Address for giving notices
14241 SW 143 Court
Miami, FL 33186
License No.
Agent for service of process
(If CONTRACTOR Is a corporation, attached
evidence of authority to sign).
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
Samuel Lobue
Downrite Engineering Corp.
that Samuel Lobue
Dade County Florida for
is President
behalf of the Corporation,
, certify that I am the President
of
and
, who signed the Bid with City of Sunny Isles,
Atlantic Isles Roadway and Utility Improvements
. City Bid No, OR-Oh-01
of said Corporation with full authority to sign said Bid on
Signed and sealed this E- day of June
(SEAL)
STATE OF FLORIDA
COUNTY OF DADE
. 20 08.
~t~
/' Signature
Samuel Lobue, President
Typed wrritle
SWORN TO AND SUBSCRIBED before me this 1L day of lllnp
My Commission Expires:
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1~~
o~~,,;:.~ue(0 PAMELA TERAN
".... MY COMMISSION # DO 666725
* -/.- EXPIRES: May 3, 2011
"'-;"0 OF fe o'i'''~ Bonded TOrn Budget Notary Services
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CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I, Samuel Lobue
, certify that I am the President
of
nnwnritf' FnQineerina COrD.
who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
Atlantic Isles Roadway and Utility Improvements
, Consultant Project No. 05-4893, and
sign payment requests on behalf of the
that the fOllo]{'n persons have the authority to
COIporation: /.7 . Y FU
./~ ---- JtI c!J Samuel Lobue, President
( I (Typed Name wfritJe)
Joseph Lobue, Vice President
(Typed Name wlTitle)
Georgeann Lobue, Operations Vice President
(Typed Name wfritle)
Signed and sealed this 11- day of June
~~~~
(SEAL)
//
Signature
Samuel Lobue, President
Typed wlTitle
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this ~ day of June . 20 08
My Commission Expires: rp c..-..--..... ~,
Notary Public
+Q~~~Y.~~b(0 PAMELA TERAN
~. . MY COMM!SSION # DO 666725
,. 1<
EXPIRES: May 3, 2011
..~~ OF f\.oi''''''' Bonded Thru Budget Notary Services
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