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Contract with David Mancini and Sons, Inc. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 2O2 i - 31 i725- CONTRACT 7/8/2021 I 5:46 EDT THIS CONTRACT ("Contract") is made and entered into as of the day of 2021 by and between the City of Miami Beach, Florida, a municipal corporation (the "City'') and DAVID MANCINI AND SONS. INC., a Florida corporation (the"Contractor"): WITTNESSETH, that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents,which are hereby incorporated into this Contract by reference, for: ITB-2021-018-DF FOR MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of six hundred forty-nine thousand, nine hundred seventy-one dollars and thirty-six cents($649,971.36) (the"Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid .. $ 590,883.05 Total Owner's Contingency $ 59,088.31 The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents and Exhibit"A" Negotiated Contract Price and Alternates, attached hereto. Partial and Final Payments will be made as provided for in the Contract Documents. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: D4 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 For City: City of Miami Beach Housing and Community Services 555—17"' Street Miami Beach, FL. 33139 Attn: Pablo Gomez, Senior Capital Projects Coordinator Phone: 305-673-7000 Ext.26421 Email:pablogomez(a�miamibeachfi.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Raul Aguila,City Attorney Phone: 305-673-7000 Ext.26475 Email: raulaguilamiamibeachfl.qov For Contractor: DAVID MANCINI & SONS, INC. 2601 Wiles Road Pompano Beach, FL 330373 Attn: David Mancini Jr. Phone: 754-264-9594 Email: bidsdmsi.com [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 7 OVA DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA DocuSigned by: FAB8BAOBFB5E4CF... By: By: Rafael E. Granado, City Clerk Dan Gelber, Mayor Date: 7/8/2021 I 5:46 EDT [seal] FOR CONTRACTOR: ATTEST: DAVID MANCINI AND SONS, INC. AO "00,-- j By: i 402s0:, By: Ai. " IPacqueline Berm!", David Mancini Name: Name: Date: July 6, 2021 Date: July 6, 2021 .r ' ,[sear]- :.ti . APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION city Attorney ( Date DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 EXHIBIT A NEGOTIATED CONTRACT PRICE AND ALTERNATES Item \o. Description Bid Amount Price Reduction 1.1 Mobilization/Demobilization Equipment, .'Mobilization-Demobilization $ 35,000.00 Support Equipment $ 15,000.00 1.1.2 Surrey& As-Builts $ 33,000.00 $ (10,000.00) 1.1.3 Insurance&Bonds $ 25,000.00 1.1.4 Employee Parking Fees $ 15,000.00 $ (5,000.00) 1.1.5 Staging- Access Area to Water $ 35,000.00 $ (20,000.00) 1.1.6 Protection of Existing Utilities $ 4,000.00 1.1.7 Public Information Officer $ 22,000.00 $ (15,000.00) 1.1.8 Pre-Construction Video $ 3,000.00 1.1.9 Safety Equipment $ 5,000.00 1.1.10 Sanitary Facilities $ 2,000.00 1.1.11 Erosion,Sedimentation.and Pollution Control $ 5,000.00 1.1.12 Dumpster $ 6,000.00 1.1.13 QA,QC $ 25,000.00 $ (10,000.00) $ 230,000.00 1.2 Water Based Equipment(Barge) $ 50,000.00 $ (16,667.00) Barge Rental.Launching Barge.Tugboat Removal of existing Timber Boardwalk Structure(Include decking.stringers.beams.fascia.connections,cleats and all 2.1 ancillary components.Include cross bracing.Pile to be completely extracted.not cut below mudline.Includes allowance of up to 4 Mooring Piles for barge access). Includes removal of existing floating docks. $ 40,000.00 $ (13,500.00) 2.2 Removal of existing Concrete Cap&Sidewalk $ 26,000.00 3.1 '12"x 12"Concrete Piles $ 154,000.00 $ (31,500.00) 3.2 9'x 10'Concrete Panels $ 65,000.00 3.3 Seawall Cap $ 28,500.00 3.4 Rip Rap $ 38,400.00 3.5 Sand/Gravel $ 12,000.00 $ (6,000.00) 3.6 Proposed Retaining Wall (Include foundation,wall. $ 30,000.00 3.1 Turbidity harrier $ 12,000.00 3.8 structure protection $ 1,500.00 3.9 Vibration Monitor $ 12,000.00 $ (127,667.00) 85% $ (108,516.95) Contract Price $ 590,883.05 Contingency $ 59,088.31 Total $ 649,971.36 4 1Yr , DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 EXHIBIT A(CONTINUED) NEGOTIATED CONTRACT PRICE AND ALTERNATES A: Price Reduction for Item 1.1.2 Survey and As-Builts: $10,000 Subject to the City/EOR to provide a Benchmark onsite. B: Price Reduction for Items 1.1.4 Employee Parking Fees and item 1.1.5 Staging area: $25,000 Subject to the use, for three consecutive weeks of the Tatum Waterway Drive Parking Lot from 8:00 AM to 12:00 PM. C: Price Reduction for Item 1.1.7 Public Information Officer: $15,000 Because the City will take care of all the PIO involvement for this project, DMSI's PIO scope will be limited to redirect to the City all issues which require public involvement. D: Price Reduction for Item 3.1 F&I of 12"x12"precast concrete piles: $31,500 As agreed to and as reflected in this EXHIBIT A. In addition, the Engineer of Record will consider suggestions by the CONTRACTOR including but not limited to, the removal of battered piles, in an effort to reduce costs. Any and all changes must be approved by the City and Engineer of Record and are, in part, subject to the field conditions per the first test pile. All changes are subject to the approval of the authorized building department official. Any potential cost savings to the City will be evaluated at that time. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 5 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 MIAMIBEACH GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (April 13,2020) ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS. 1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions used in the Contract Documents. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein,as follows: "Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules regulations,lawful orders and decrees of governmental authorities having jurisdiction over the Project,Project Site, or the Parties. "Application for Payment" means the detailed itemized documentation, including all supporting documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monthly basis in order to obtain the City's approval for payment for Work performed pursuant to the Contract Documents. "Bid" means an offer or proposal submitted by a bidder in response to this ITB. The terms "Bid" and "Bid Submittal"are used interchangeably. "Bidder" means any individual or firm submitting a Bid for this Project. "Change Order" means a written document ordering a change in the Contract Price and/or Contract Time or a material change in the Work(as defined herein). A Change Order must comply with the requirements of the Contract Documents. "CIP Inspector/PWD Field Observer" means a City employee charged with observing and documenting,for internal City purposes only,general observations and conditions of the Project including,without limitation,the weather conditions, the number of workers present at the time of observation, general type of work being performed and taking photographs regarding same. Contractor expressly waives any right to assert as a defense to any claim regarding the Project including, without limitation, any dispute between the City and Contractor, and Contractor and any third party, the presence or purported approval or consent of any CIP Inspector or other City employee conducting any field observations during the Project. The Contractor expressly acknowledges that the purpose of such City employee is to observe and document for internal purposes only general observations and conditions of the Project, and in no way is intended to, nor shall be treated as, a person with authority to approve or reject the Work on behalf of the City or any other entity,or to direct the Contractor's Work in any way. Contractor expressly agrees to waive the presence of such CIP Inspector or other City employee performing field observations as a defense to any Claims involving the Project. "City" means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive,Miami Beach, Florida 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works 1 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Department permits,or other applicable permits within its jurisdiction,the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Contract. "City Commission" means the governing and legislative body of the City. "City Manager" means the Chief Administrative Officer of the City. The City Manager shall be construed to include the Contract Administrator and any duly authorized representatives of the City as the City Manager may designate in writing at any time with respect to any specific matter(s) concerning the Project and/or the Contract Documents (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project and/or the Contract Documents). "Claim" means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the Contract Documents, payment of money, extension of time or other relief with respect to the Contract Documents or Project. The term "Claim" also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract Documents. Claims must'be initiated by written notice in strict accordance with the Contract Documents. The responsibility for substantiating Claims shall rest with the Party making the Claim. All Claims submitted by Contractor must comply with the requirements of the City's False Claims Ordinance,as set forth in Sections 70-300 et seq.,of the City Code, or shall be forfeited in accordance with the terms of the False Claims Ordinance and conclusively waived and released. "Consultant" means the firm named in the Invitation to Bid Summary as the"Consultant,"that has entered into a separate agreement with the City to perform architectural,engineering,or other design and construction administration services for the Project, and who will serve as the "architect of record" and/or"engineer of record"for the Project.Wherever the word "Architect"or"Engineer"or"Consultant" appears in the Contract Documents, it shall be deemed to refer to the Consultant and/or the design professionals engaged by the Consultant. All communications, directives, instructions, interpretations and actions required of Consultant shall be issued or taken only by or through Consultant's authorized representative(s). "Construction Superintendent" means the individual who is a representative of the Contractor, and who shall be responsible for continuous field supervision,coordination,and completion of the Work,and who shall maintain a full-time on-site, physical presence at the Project Site and satisfy the obligations of Construction Superintendent as provided in the Contract Documents. "Contract" means the written agreement between the City and the Contractor for the performance of the Work in accordance with the requirements of the Contract Documents, and for the payment of the agreed consideration. "Contract Administrator" means the City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate,direct,and review on behalf of the City,all matters related to the Project. The initial Contract Administrator for the Project is named in the Invitation to Bid Summary. "Contract Documents" means all of the documents setting forth bidding information, requirements and contractual obligations for the Project, including this ITB, Contractor's Bid in response thereto, the Contract, 2 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 and the Plans and Specifications, together with all addenda to any of the foregoing, Change Orders, Work Orders, Field Orders, schedules and shop drawings, and all other documents required by the ITB for the completion of the Project. "Contract Price" means the amount established in the Contract Documents as the total amount the City is obligated to pay for full and complete performance of all of the Work required by the Contract Documents (including, but not limited to, all labor, equipment and materials to administer, coordinate, provide related certifications, install and otherwise construct and complete the Project within the Contract Time),and as may be amended by Change Order. "Contract Time" means the number of days allowed for completion of all Work,as stipulated in the Contract Documents,and as may be amended by Change Order. "Contractor" means the individual or firm whose Bid is accepted and who enters into the Contract with the City to construct the Project pursuant to the Contract Documents and who is liable for the acceptable performance of the Work and payment of all debts pertaining to the Work. "Days" means all references to numbers of days in the Contract Documents, shall be construed to mean calendar days, unless specifically noted otherwise. The term "business days" means a day other than a Saturday, Sunday, Federal holiday or any day on which the principal commercial banks located in Miami- Dade County, Florida are not open for business during normal hours. "Field Order" or "Field Directive" means a written order which further describes details or provides interpretations necessary to complete the Work of the Contract Documents but which does not involve a change in the Contract Price or Contract Time. "Final Completion"means the date upon which all conditions and requirements of the Contract Documents, permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by the City; any other documents required to be provided have been received by City; and the Work has been fully completed in accordance with the Contract Documents. "Notice(s)to Proceed" or"NTP" means a written letter or directive issued by the Contract Administrator to Contractor to commence and proceed with portions of the Work as specified therein or a specific task of the Project,and stating any further limitations on the extent to which Contractor may commence and proceed with the Work. Unless otherwise approved by the City at its sole discretion, City's issuance of a Notice to Proceed for construction or portions thereof shall be contingent upon Contractor obtaining all appropriate permits and satisfying all requirements of agencies having jurisdiction. However,the City is not obligated to immediately issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified conditions precedent for issuance of NTP. The date of issuance of NTP shall be determined at the City's sole discretion once Contractor has obtained all required permits and otherwise satisfied all conditions precedent to issuance of NTP. "Owner's Contingency" means that separate fund which is available for City's use at its sole discretion to defray additional expenses relative to the design and construction of the Project, as well as additional expenses expressly chargeable to the City or otherwise deemed the responsibility of the City pursuant to the Contract Documents. The City retains exclusive use and control of the Owner's Contingency. The Contractor has no right or entitlement whatsoever to the Owner's Contingency,and use of such funds are subject to the Contract Administrator's or City Manager's prior written approval and issuance of a Change Order by the City 3 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 at its sole and absolute discretion.Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. "Parties" means City and Contractor, and "Party" is a reference to either City or Contractor, as the context may indicate or require. "Plans" means the drawings or reproductions thereof prepared by the Consultant,which show the location, character, dimensions and details of the Work to be done, and which are a part of the Contract Documents. "Project"means the improvements described in the Contract Documents and all Work that is contemplated thereby or reasonably inferable therefrom. "Project Initiation Date" means the date upon which the Contract Time commences. "Project Manager" means the authorized individual which is the representative of Contractor and who will administer and manage the prosecution of all Work on behalf of the Contractor. "Punch List" means the list or lists prepared by Contractor, incorporating input provided by the City or Consultant, identifying matters that remain to be completed to achieve Substantial Completion and to be completed between achievement of Substantial Completion and Final Completion in order that Final Completion can be declared by City to have occurred. "Purchase Order" means the written document issued by the City to the Contractor indicating types, quantities, and/or agreed prices for products or services to be provided to the City. "Responsible Bidder" means an offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance, including, without limitation,the factors identified in Section 2-369 of the City Code. "Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to a solicitation.A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. "Schedule of Values" means a written schedule setting forth the detailed and itemized cost breakdown, inclusive of labor, material, and taxes of all elements comprising the Contract Price. "Specifications" means the general term comprising all of the written directions, provisions and requirements contained in the Contract Documents, as amended, describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. "Subcontractor" means any person or entity supplying the Contractor with labor, materials, supplies or equipment used directly or indirectly by the Contractor in the prosecution of the Work. "Substantial Completion" means the date when the Work, as certified in writing by the Consultant, and determined by the City in its sole discretion, has been developed, designed, engineered and constructed in accordance with the Contract Documents such that all conditions of permits and regulatory agencies have 4 l General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for the uses and purposes intended by the City, without material interference from incomplete or improperly completed Work and with only minor punch list items remaining to be completed, all as reasonably determined by the City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion by the Consultant; and (3)acceptance of such Certificate of Substantial Completion by the City pursuant to the Contract Documents. "Surety" means the surety company or individual which is bound by the bid bond, or by the performance bond or payment bond with and for Contractor who is primarily liable,and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. "Work" means all construction and services required by or reasonably inferable from the Contract Documents for the completion of the Project, including the provision of all labor, materials, equipment, supplies, tools, machinery, utilities, procurement, fabrication, transportation, construction, erection, demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and governmental approvals,testing and inspection services,quality assurance and/or quality control inspections and related certifications, training, surveys, studies, supervision, and administration services to be provided by the Contractor, and other items, work and services that are necessary or appropriate for the total construction, installation, furnishing, equipping, and functioning of the completed Project, together with all additional, collateral and incidental items, work and services required to achieve Final Completion in accordance with the Contract Documents. 1.2. Interpretation of the Contract Documents. 1.2.1. As used in the Contract Documents, (i)the singular shall include the plural, and the masculine shall include the feminine and neutral, as the context requires; (ii) "includes"or"including"shall mean "including, but not limited to" and "including, without limitation;" and (iii) all definitions of agreements shall include all amendments thereto in effect from time to time. 1.2.2. Whenever it shall be provided in the Contract Documents that the Contractor is required to perform a service or obligation"at its sole cost and expense"or words of substantially similar meaning,the Contractor shall not be entitled to reimbursement for such item and the cost of such service or obligation shall not be included in any Application for Payment. 1.2.3. Contract Documents shall be construed in a harmonious manner, whenever possible. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project by the Contractor. 1.2.4. The Contract Documents shall be taken as a whole and are complementary, and any item of Work called for in any Contract Document shall be as binding as if called for by all, so that any part of the Work shown or described in any of the Contract Documents, though not specifically referred to in other Contract Documents, shall be executed by Contractor and binding as a part of the Contract Documents, as well as any Work which, in the sole opinion of City, may be fairly inferred from the Contract Documents or by normal industry practice. 5 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work.Specifications and detailed plans which may be prepared or approved by City after the execution of the Contract and which may be fairly inferred from the original specifications and plans are to be deemed a part of such specifications and plans,and that portion of the Work shown thereby shall be performed without any change in the Contract Price or Project Schedule. With respect to conflicts between large-scale drawings and small-scale drawings, the larger scale drawing shall govern,unless otherwise dictated by Consultant. 1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated Contract Documents and where these requirements within the Contract Documents conflict in quantity or quality, the Contractor shall comply with the most stringent requirement as determined by the City, unless specifically indicated otherwise in the Contract Documents. 1.2.7. As used in the Contract Documents, unless specifically indicated otherwise, references to an Article include all Sections,Subsections,and items within that Article;references to a Section include all Subsections and items within that Section; and references to a Subsection include all items within that Subsection. 1.2.8. Words which have a well-known technical or trade meaning are used herein in accordance with such recognized or well-known meaning, unless the Contract Documents otherwise specifically define such word. 1.2.9. The Recitals,Appendices,Exhibits and Schedules attached hereto are expressly incorporated in and made a part of the Contract Documents as if fully set forth herein. ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS. 2.1. Intention of City. It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2.2. Priority of Contract Documents. In the event of conflict or inconsistency among the Contract Documents,the following order of precedence shall govern the interpretation of the Contract Documents: a. Change Orders or Amendments to this Contract(excluding the Plans and Specifications); b. The Contract Documents(excluding the Plans and Specifications); c. Modifications or changes to the completed Plans and Specifications, as approved by the City; d. The completed Plans and Specifications, as approved by the City; and e. The ITB. In the event of any conflict between the General Terms and Conditions of the ITB (as may be amended by Change Order), and the Specifications, the provisions of the General Terms and Conditions, as amended, shall take precedence and control. 6 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Contractor shall be furnished two (2) copies, free of charge, of the Contract Documents; which shall be preserved and always kept accessible to the City, the Consultant, and their respective authorized representatives. Additional copies of the Contract Documents may be obtained from City at the cost of reproduction. ARTICLE 3. CONTRACTOR'S DUTIES AND RESPONSIBILITIES. 3.1. Performance of the Work. The Contractor covenants and warrants that it shall be responsible for performing and completing, and for causing all Subcontractors to perform and complete, the Work in accordance with the Contract Documents and all Applicable Laws relating to the Project. Accordingly, Contractor shall furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the Work described in the Contract Documents,and all Work that is contemplated thereby or reasonably inferable therefrom. As part thereof, Contractor shall achieve Substantial Completion within the time period specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract Documents, and shall achieve Final Completion of the Project by the date established in the Contract Documents for Final Completion, as such date may be extended pursuant to the terms of the Contract Documents. Unless otherwise provided in the Contract Documents,or as agreed to in writing between City and Contractor, the form and content of all reports, forms and regular submittals by Contractor to City shall be subject to prior approval of the City,and Contractor shall submit such materials to the City for City's approval prior to implementation. City's approval thereof shall not limit City's right to thereafter require reasonable changes or additions to approved systems, reports, forms and regular submittals by Contractor to City. 3.2. Standard of Care. The Work shall be performed in accordance with the professional standards applicable to projects, buildings, or work of complexity, quality and scope comparable to the Work and the Project. More specifically, in the performance of the professional services under this Contract, Contractor shall provide the care and skill ordinarily used by members of its profession practicing under similar conditions for projects of similar type, size and complexity at the same time and locality of the Project. Work shall be performed by the Contractor,Subcontractors,and specific personnel referred to in the in the Contract Documents in accordance with their respective degrees of participation provided and represented to the City by the Contractor from time to time. The Contractor may add Subcontractors as it deems necessary or appropriate in order to carry out its obligations under the Contract Documents, provided such entity shall be suitably qualified and shall be subject to the prior approval of the City. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any such persons or entities, including to any Subcontractors. 3.3. Notices to Proceed. Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued by the Contract Administrator.At least two(2) Notices to Proceed will be issued for this Contract.Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed.The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents,including but not limited to,Payment Bond, Performance Bond,and Insurance Certificate(s), and after execution of the Contract by both parties. 3.4. Conditions Precedent to Notice to Proceed for Construction of the Work. The following are conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project Site and commence with physical construction of the Work(typically, the second NTP for a Project): (1)the 7 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 receipt of all necessary permits by Contractor;(2)City's acceptance of the Contractor's full progress schedule in accordance with the Contract Documents, Contractor's submittal schedule, Contractor's Schedule of Values, and list of Subcontractors; (3) Contractor's Hurricane Preparedness Plan; and (4) Contractor's submission to the City and Consultant of any other documents required by the Contractor Documents. The Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with construction of the Work within twenty-one(21)calendar days of the issuance of the first Notice to Proceed. 3.5. Warranty.Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant or City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provision of the Contract Documents. 3.6. Personnel Requirements. 3.6.1. The orders of City are to be given through Consultant or the Contract Administrator, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking Construction Superintendent and any necessary assistants, all satisfactory to City. The Construction Superintendent shall not be changed except with the written consent of City,unless the Construction Superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The Construction Superintendent shall represent Contractor and all directions given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks, including, but not limited to, organization and coordination of the Work of Subcontractor employees; exercising control over rate of construction progress to assure completion of the Project within the Project Schedule; inspecting or observing the Work to enforce conformity to the Contract Documents and supervising trades, subcontractors, clerical staff, and other personnel employed in the construction of the Project. On a daily basis, Contractor's Construction Superintendent shall record,at a minimum,the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work;time of commencement of work for the day;the work being performed;materials,labor, personnel, equipment and subcontractors at the Project Site; visitors to the Project Site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project Site and shall be available at all times for inspection and copying by City and Consultant. 3.6.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the critical path activity or Work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 3.6.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Contract Documents,it shall be Contractor's duty to immediately inform Consultant, in writing,and Consultant 8 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 3.6.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 3.6.6. The Construction Superintendent must have at least five(5)years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least five (5)years of experience in projects of similar design, scope, size and complexity. 3.7. Subcontracts. 3.7.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 3.7.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 3.7.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of the Contract Documents for the benefit of City. All of the Contractor's agreements with the Subcontractors shall contain the following provisions(or shall incorporate the following provisions by reference)and shall state: a. that the Subcontractor irrevocably submits itself to the original and exclusive jurisdiction and venue in Miami-Dade County, Florida, with regard to any controversy in any way relating to the award, execution or performance of the Contract Documents and/or such Subcontractor's agreement, and whereby the Subcontractor agrees that service of process on it may be made to the person or entity designated in the Subcontract; b. that the City shall not be in privity of contract with the Subcontractor and shall not be liable to any Subcontractor under the Contract Documents or any such subcontract, except for the payments of amounts due to the Subcontractor under its subcontract in the event that the City exercises its rights under any assignment of the subcontract and requests or directs the Subcontractor to perform the portion of the Work covered by its subcontract; c. that the City is a third-party beneficiary of the Subcontract, entitled to enforce any rights thereunder for their respective benefits,and that,subject to the terms of the applicable Subcontract,the City shall have the same rights and remedies vis-à-vis such Subcontractors that Contractor shall have, including the right to be compensated for any loss, expense or damage of any nature whatsoever incurred by the City resulting from any breach of such Subcontract by Subcontractor, any breach of representations and 9 l General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 warranties,if any,implied or expressed,arising out of such agreements and any error,omission or negligence of such Subcontractor in the performance of any of its obligations under such Subcontract; d. that the Subcontractor shall indemnify and hold harmless the City, its officers, agents, directors,and employees,and instrumentalities to the fullest extent permitted by Section 725.06 of the Florida Statutes; e. that such subcontract shall be terminable for default or convenience upon ten(10)days prior written notice by Contractor,or, if the Subcontract has been assigned to the City, by the City or its designee; f. that Subcontractor shall promptly notify the City(with a copy to Contractor)of any default of Contractor under the Subcontract,whether as to payment or otherwise; g. that Contractor and Subcontractor acknowledge that(i)they are each entering into a contract for the construction of a public facility or public works project as contemplated in Chapter 255, Florida Statutes, and (ii) each have no right to file a construction lien against the Work or the Project, and further agree to include a similar requirement in any purchase order or subcontract entered into by Subcontractor; and (iii)the payment bond provided by Contractor pursuant to this Agreement is a substitute for the right to claim a lien on the Project,and that any claims for nonpayment shall be made against the bond in accordance with Section 255.05, Florida Statutes. h. that Subcontractor shall comply with all Applicable Laws(including prompt payment)and the City requirements as set forth in the Contract Documents and maintain all files, records, accounts of expenditures for Subcontractor's portion of the Work to the standards set forth in the Contract Documents. i. that the City may, at reasonable times, contact Subcontractor, after notice to Contractor,to discuss, or obtain a written report of, Subcontractor's services, with Contractor entitled to be present during any such discussions; provided that in no event, prior to any assignment of the Subcontract to the City,shall Subcontractor take instructions directly from the City; j. that Subcontractor promptly disclose to the City and Contractor any defect, omission, error or deficiency in the Contract Documents or the Work about which it has knowledge no later than ten (10) days following discovery of such defect, omission, error or deficiency; k. that Subcontractor assign all warranties directly to the City, I. that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR DELAY as delineated in Article 10 hereof; m. that in the event of a change in the Work the Subcontractor's Claim for adjustments in the subcontract price shall be limited exclusively to its actual costs for such changes, plus no more than the overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment. n. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensation. 10 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 o. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which the Contractor must submit Claims to the City, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims in the same manner as provided for in the Contract Documents. 3.7.4. Contractor shall perform the Work with its own forces, in an amount not less than the percentage of the Work specified in the Invitation to Bid Summary. 3.8. Plans and Working Drawings. 3.8.1. Contractor to Check Plans, Specifications and Data. Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor shall not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error,omission or discrepancy and failed to report it to Consultant, or unless Contractor should have recognized such error, omission or discrepancy upon reasonable investigation. 3.8.2. Supplementary Drawings.When, in the opinion of Consultant,it becomes necessary to explain the Work to be done more fully,or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. The supplementary drawings shall be binding upon Contractor and shall be considered as part of the Contract Documents. Where such supplementary drawings require either less or more than the original quantities of work,appropriate adjustments shall be made by Change Order. In case of disagreement between the written and graphic portions of the Contract Documents,the written portion shall govern. 3.8.3. Shop Drawings. 3.8.4.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 3.8.4.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Submission of such documents is a condition precedent to the issuance of a Notice to Proceed for construction. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 3.8.4.3. After the approval of the list of items required herein, Contractor shall promptly request Shop Drawings from the various manufacturers,fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 3.8.4.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 1 1 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 3.8.4.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 3.8.4.6. Consultant shall review and approve Shop Drawings within seven(7)calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant.Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 3.8.4.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items,check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 3.8.4.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 3.8.4.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 3.8.4.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 3.8.4. Field Layout of the Work and Record Drawings. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. 3.8.5.1. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes,fittings and the like and shall prepare record or"as-built"drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be delivered to Consultant prior to Substantial Completion, in accordance with the Contract Documents. 3.8.5.2. Contractor shall maintain in a safe place at the Project Site one record copy of all Drawings, Plans, Specifications, addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment,these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 3.8.5.3. Prior to,and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 12 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 3.8.5. Art in Public Places("AIPP")Coordination.Contractor shall coordinate the implementation of the City's AIPP commissions and installations for the Project, if any, with all such coordination Work covered within the Contract Price, provided, however, that the City shall separately fund the commissioning and installations of all AIPP artworks. 3.8.6. City's Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONTRACTOR IN DEFAULT FOR CONTRACTOR'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY,THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONTRACTOR EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONTRACTOR'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION,ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES,OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,THIS SECTION SHALL GOVERN. 3.8.7. City's Information. Except for any tests or studies that the City provides as part of the ITB, any information provided by the City to the Contractor relating to the Project and/or other conditions affecting the Project Site, is provided only for the convenience of the Contractor and does not relieve the Contractor of the due diligence necessary to independently verify local conditions and Site Conditions.The City makes no representation or warranty as to, and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of any such test, studies or other information and makes no guarantee, either express or implied, that the conditions indicated in such information or independently found by the Contractor as a result of any examination, exploration or testing, are representative of those existing throughout the performance of the Work or the Project Site, and there is no guarantee against unanticipated or undisclosed conditions. ARTICLE 4. CONTRACT PRICE. 4.1. If the Invitation to Bid Summary or any other Contract Documents contemplate unit pricing for the Project or any portion thereof, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid.The number of units contained in this schedule is an estimate only,and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. Payment shall be made at the unit prices applicable to each integral part of the Work.These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. 13 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 4.2. If the Invitation to Bid Summary or any other Contract Documents contemplate lump sum pricing for the Project, the Contract Price shall be the amount specified in the Contract, consisting of a base bid, and a separate line item for the Owner's Contingency(to be used solely by the City at its sole discretion for the purposes described in the Contract Documents).The Contract Price,exclusive of the Owner's Contingency, shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom, even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. 4.3. To the extent the Project includes both unit prices and a lump sum price, then all sections of this Article 4 shall apply to the item of Work in question, as applicable. 4.4. No Compensation Prior to Notice to Proceed. Prior to the City's issuance of any Notice to Proceed, Contractor shall not incur any cost to be reimbursed as part of the Project, except as the Contract Administrator may authorize in writing. 4.5. Owner's Contingency. The Owner's Contingency shall be an amount, determined by the City, which will be available to the City to pay for Project costs which are expressly chargeable to the City or determined to be the City's responsibility under the Contract Documents, including, as it relates to the Contractor,the following increased costs of the Project incurred by Contractor: a. Express written changes in the Work made in the discretion of the City after issuance of a Change Order or Construction Change Directive relating thereto. The decision to make such changes, and to incur the costs that arise there from, shall be in the sole discretion of the City. No costs may be charged to the Owner's Contingency under this subsection without express approval of City. b. Changes to the Work if ordered by agencies having jurisdiction, provided such Work directly results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon; c. In the event of Excusable Delay, reasonable acceleration costs to meet milestones, if approved by the City at its sole and absolute discretion; d. Differing site conditions pursuant to the Contract Documents; e. Post-hurricane or storm-related Construction Change Directives (to address matters that are in addition to, or not covered by, the Contractor's City-approved Hurricane Preparedness Plan required by the Contract Documents); f. Increased Costs of the Work resulting from other actions of the City deemed to be City's responsibility and/or compensable under the Contract Documents. Unless Contractor secures City's written agreement that such costs are City's responsibility, documentation of responsibility for such costs shall be submitted with the Contractor's Claim. When Contractor has reason to anticipate that such costs may be incurred, it shall be the Contractor's responsibility, when feasible, to provide the City with sufficient advance notice, so as to provide the City with a reasonable opportunity to avoid such costs. Such costs shall be deemed the City's responsibility if City subsequently agrees in writing to grant the Claim and accept such responsibility, or if the Claim is granted and responsibility assigned to City pursuant to the dispute resolution process under the Contract Documents and all reviews thereof are exhausted or waived by City. The Contractor has no right or entitlement whatsoever to the Owner's 14 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Contingency,and use of such funds are subject to the City's prior written approval and issuance of a Change Order or Construction Change Directive by the City at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. ARTICLE 5. APPLICATION FOR PAYMENT. 5.1. Applications for Payment for the Work performed by Contractor shall be made monthly based upon the percent completion of the Work for each particular month and in accordance with the Contract Documents. The percent completion shall be based upon the updated and City-approved Project Schedule as required by the Contract Documents Contractor's application shall show a complete breakdown of the Project components,the quantities completed and the amount due,together with such supporting evidence as may be required by Consultant or City. Contractor shall include, with each Application for Payment, an updated progress schedule as required by the Contract Documents and a release of liens and consent of surety relative to the Work which is the subject of the Application. Following submission of acceptable supporting documentation along with each Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 5.2. The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent(10%)of each such payment until fifty percent(50%)of the Work has been completed.The Work shall be considered 50%complete at the point at which the City has expended 50%of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in the Contract Documents. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor,until Substantial Completion.Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator,after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage,except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. 5.3. Notwithstanding any provision hereof to the contrary, the City may withhold payments to the Contractor in the following circumstances: a. correction or re-execution of Work which is defective or has not been performed in accordance with the Contract Documents and which the Contractor has failed to correct in accordance with the terms of the Contract Documents; b. past due payments owed to Subcontractors for which City has not been provided an appropriate release of lien/claim (whether or not the Work in question is the subject of any dispute); c. the City's remedies arising from any failure to perform the Contract Documents' requirements or uncured Default of this Contract by the Contractor; 15 l General Conditions for Construction Contracts(April 13, 20201 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 d. damage to another contractor or third-party (including, without limitation, the property of any resident or business in the area surrounding the Project Site)which has not been remedied or, damage to City property which has not been remedied; e. liquidated damages; f. failure of Contractor to provide a Recovery Schedule in accordance with the Contract Documents; g. failure of Contractor to provide any and all material documents required by the Contract Documents including, without limitation, the failure to maintain as-built drawings in a current and acceptable state; and h. pending or imminent Claims of the City or others including, without limitation, Claims which are subject to Contractor's indemnity obligation under the Contract Documents, for which the Contractor has not posted bonds or other additional security reasonably satisfactory to the City. Except as otherwise specifically provided in the Contract Documents, in no event shall any interest be due and payable by the City to the Contractor or any other party on any of the sums retained by the City pursuant to any of the terms or provisions of any of the Contract Documents. 5.4. No acceptance. No progress payment made by the City to Contractor shall constitute acceptance of any portion of the Work,any goods or materials provided under this Agreement or any portion thereof. No partial or entire use or occupancy of the Project by the City shall constitute an acceptance of any portion of the Work or the complete Project which is not in accordance with the Contract Documents. 5.5. Final Bill of Materials. Upon request by the City, Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 5.6. Payment by City for Tests. Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by the City. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 5.7. Form of Application: Projected Payment Schedule. The Contractor shall make each Application for Payment on AIA Form G702 or other form approved by the City, which incorporates the budget and the Schedule of Values. For each line item, the Contractor shall state the approved cost, the cost to date, and the projected total cost, and retainage held (if any), shall state that the projected total cost shall not exceed the approved cost, as adjusted by Change Order. Each Application for Payment shall also state the actual costs incurred by the Contractor for the payment period covered by such Application for Payment. ARTICLE 6. PROJECT SCHEDULE AND CONTRACT TIME. 16 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 6.1. Time for Completion. Time is of the essence throughout this Contract.Contractor shall perform the Work so as to achieve Substantial Completion within the number of days specified for Substantial Completion in the Invitation to Bid Summary, and the Project shall be completed and ready for final payment as set forth herein within the number of days specified for Final Completion in the Invitation to Bid Summary, with such Final Completion date calculated from the date certified by Consultant as the date of Substantial Completion. 6.2. Project Schedule; Preliminary Matters. As a condition of issuance of a Notice to Proceed for the construction of the Work(typically, NTP2), Contractor shall submit to Consultant for Consultant's review and acceptance: 6.2.1. A project"Base Line"schedule, one (1)copy on a CD and One (1) hard copy(activities arranged in "waterfall"), in the indicated form for Final review and approval, in accordance with the Project Scheduling Format required in the Invitation to Bid Summary. (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") Contractor shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment,and Logic relationships of activities including physical and site restraints. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to Consultant and City. Monthly, Contractor shall submit with each Application for Payment an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month("Progress Schedule").CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY(including a native version and a pdf). In addition to the Progress Schedule Contractor shall include a narrative report of the months'progress,an explanation of any delays and or additions/deletions to activities. City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall not constitute or be construed as City's approval of the Progress Schedule itself,or as approval of any change to the Project Schedule. Any changes to the Project Schedule, if agreed to, shall be memorialized in a duly executed Change Order. It is strongly recommended that Contractor or the professional who performs scheduling have a vast knowledge in the use of the required scheduling software'specified in the Invitation to Bid Summary to develop and update the project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an two (2) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. 17 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 The Project Schedule shall be the basis of the Contractor's Work and shall be complied with in all respects. 6.2.2. A preliminary schedule of Shop Drawing submissions;and 6.2.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which may include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. If requested by the City, Contractor shall provide additional breakdowns as to any line item, to show labor, equipment, materials and overhead and profit. 6.2.4. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided,however,that by facilitating Contractor's efforts to coordinate with such utilities,City is not assuming the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such coordination. • 6.2.5. At a time specified by Consultant but before Contractor starts the work at the Project Site, a conference attended by Contractor,Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 6.2.6. Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a pre- construction meeting attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within ten(10)days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 6.3. Recovery Schedule. 6.3.1. If Contractor's Work, or any portion of the Work, becomes more than (30) days behind schedule, if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a period which exceeds 5% of the days remaining until a completion deadline for an item in the Project Schedule,or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project Schedule,the City may notify Contractor of same, and in such case,the Contractor shall submit a proposed recovery plan to regain lost schedule progress and to achieve any Project milestones, Substantial Completion, and Final Completion in accordance with the Contract Documents ("Recovery Schedule"), after taking into account Excusable Delays (as hereinafter defined) and permitted extensions of the Project for 18 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 review and acceptance within seven (7)days following notification from the City, so as to ensure Contractor makes up lost time. 6.3.2. City shall notify Contractor within five (5) business days after receipt of each Recovery Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five (5) business days after City's rejection of any Recovery Schedule, Contractor will resubmit a revised Recovery Schedule incorporating City's comments. If the City accepts Contractor's Recovery Schedule, Contractor shall,within five (5) business days after City's acceptance, incorporate and fully include the Recovery Schedule into the Project Schedule and deliver same to City. 6.3.3. If the Contractor fails to provide an acceptable Recovery Schedule, as determined by City in its sole discretion, that demonstrates Contractor's ability to timely follow the Project Schedule, the City may,without prejudice to any other rights and remedies available to the City hereunder or otherwise,declare an Event of Default or order the Contractor to employ such extraordinary measures, including acceleration of the Work,and other measures, including substantially increasing manpower and/or necessary equipment, as may be necessary to bring the Work into conformity with the Project Schedule. 6.4. Substantial Completion. As a condition of Substantial Completion,all of the following must occur: 6.4.1. All Work affecting the operability of the Project or safety has been completed in accordance with the Contract Documents; 6.4.2. If applicable,all pre-commissioning activities,including alignment, balancing, lubrication and first-fill, have been completed; 6.4.3. The Work may be operated within manufacturers' recommended limits (with all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information provided), in compliance with Applicable Laws,and without damage to the Work or to the Project; 6.4.4. Contractor has corrected all defects,deficiencies and/or discrepancies to the entire Work as identified by the City or the Consultant, and the Consultant confirms such corrections have been made in writing; 6.4.5. The most recent updated set of "as-built" drawings reflecting the progress of the Work through Substantial Completion (in native file format, such as autoCAD); 6.4.6. When Contractor believes it has achieved Substantial Completion, Contractor shall request an inspection by the City and the Consultant, and shall provide the City with evidence supporting its assessment of Substantial Completion, including any specific documents or information requested by the City to assist in its evaluation thereof. Contractor shall,prior to said inspection,develop its preliminary Punch List for input and comment by the City and the Consultant. Once the preliminary Punch List is submitted to the City, the City and its representatives shall then schedule a walk-through of the Project with Contractor and the Consultant. Following the walk-through, Contractor shall develop and provide City with the list of all remaining items of Work to be completed or corrected,and which incorporates items and comments identified or provided by the City and Consultant comments and is certified for completeness and accuracy by the Consultant ("Substantial Completion Punch List"), provided, however, that failure to include any items on 19 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 such Substantial Completion Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents;and 6.4.7. Any and all appurtenances, utilities, transportation arteries and any other items required under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed,a temporary certificate of completion or Certificate of Occupancy,as applicable,is issued for the Work for which a Certificate of Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with,to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract Documents without material interference from any incomplete or improperly completed items of Work; 6.4.8. With respect to any Project for which a right-of-way permit is required from the City's Public Works Department or which includes a final lift of asphalt as part of the Work, in no event shall Substantial Completion occur prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction (including,without limitation,the City's Public Works Department). 6.5. Certificate of Substantial Completion. Any determination by the Consultant and the Contractor of Substantial Completion shall not be binding on the City, and the ultimate determination of Substantial Completion shall rest with the City and shall be evidenced by the City's executing and returning to the Contractor its Certificate of Substantial Completion (or Partial Substantial Completion,as applicable). 6.5.1. When the City,on the basis of an inspection,determines that the Work or designated portion thereof is substantially complete, and when the Contractor has complied with all other conditions precedent to Substantial Completion provided for in the other Contract Documents,the City will then prepare a Certificate of Substantial Completion which shall establish the Substantial Completion Date, shall state the responsibilities of Contractor, if any, for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed in the Substantial Completion Punch List. If the City issues a Certificate of Substantial Completion on the basis of partial completion of the Project,or upon the basis of a partial or temporary certificate of occupancy or certificate of completion, as applicable, City may include such additional conditions, as it deems appropriate to protect its interests pending substantial completion of the entire Project or issuance of a permanent certificate of occupancy or certificate of completion, as applicable. 6.5.2. The City shall not unreasonably withhold or condition acceptance and execution of a Certificate of Substantial Completion (or a Notice of Partial Substantial Completion); provided, however,the Project shall not be deemed Substantially Complete and the City shall not execute a Certificate of Substantial Completion until all of the criteria for achieving Substantial Completion as identified in the Contract Documents have been satisfied,and(2) in the case of a portion of the Project,the conditions set forth this Article 6 relating to Partial Substantial Completion shall have been satisfied. 6.6. Partial Substantial Completion. Partial Substantial Completion of the Work shall occur when the City determines that a portion of the Work,as defined in the Contract Documents and/or otherwise by logical boundaries, is Substantially Complete in accordance with the Contract Documents. The City may(but shall not be obligated to)agree that a portion or component of the Work,acceptable to the City in its sole discretion, may be certified as Substantially Complete provided that: 6.6.1. The requirements provided in this Article 6 for issuance of a Certificate of Substantial Completion are complied with for the portion of the Work for which a Notice of Partial Substantial Completion is being 20 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 sought; 6.6.2. Such portion and any and all appurtenances, utilities, transportation arteries and any other items required under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed, a temporary certificate of completion or Certificate of Occupancy,as applicable, is issued for the portion of the Work for which a Certificate of Partial Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with,to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract Documents without material interference from any incomplete or improperly completed items of Work; 6.6.3. The City is fully able to use and occupy the portion of the Work for the purposes intended and the Contractor separates the portion of the Work which is Substantially Complete from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract Documents and to assure the safety of those entering, exiting and occupying the Substantially Completed portion of the Work; 6.6.4. Partial Substantial Completion shall not constitute Final Completion of the Work or Substantial Completion of the Project, nor shall it relieve the Contractor of any responsibility for the correction of Work (whether or not included in portion of Work Substantially Complete) or for the performance of Work not complete at the time of Partial Substantial Completion. 6.7. Liquidated Damages. 6.7.1. Upon failure of Contractor to achieve Substantial Completion within the time period specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract Documents, Contractor shall pay to City the sum specified in the Invitation to Bid Summary for"Liquidated Damages"for each calendar day after the time specified in the Invitation to Bid Summary for Substantial Completion, plus any approved time extensions, for Substantial Completion. Partial Substantial Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely achieve Substantial Completion. 6.7.2. After Substantial Completion is achieved, should Contractor fail to complete the remaining Work within the time specified in the Invitation to Bid Summary for Final Completion, plus approved time extensions thereof, Contractor shall pay to City the sum set forth in the Invitation to Bid Summary as "Liquidated Damages" for each calendar day after the time specified in the Invitation to Bid Summary for Final Completion, plus any approved extensions. 6.7.3. Contractor agrees that the Liquidated Damages set forth herein are not penalties and have been set based on an evaluation by City of damages to City and the public caused by untimely performance. Such damages may include loss of revenues to the City, and additional costs of administering this Agreement, including Project staff, legal, accounting, consultants and overhead and other administrative costs. Contractor acknowledges that the amounts established for Liquidated Damages are fair and commercially reasonable. Contractor and City have agreed to the Liquidated Damages in order to fix Contractor's costs and to avoid later disputes over which items are properly chargeable to Contractor as a consequence of Contractor's delays. 21 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may,in its sole discretion,deem just and reasonable. Liquidated Damages shall apply,whether or not the City terminates Contractor for cause and whether or not Surety completes the Project after a Default by Contractor. Liquidated Damages shall apply solely to claims arising from delay in meeting any milestone for which the right to assess Liquidated Damages is specified, including, without limitation, Substantial Completion, and Final Completion,and shall be the City's sole remedy for delay,and are not intended to,and do not, liquidate Contractor's liability under any other provision of the Contractor Documents for other events not specifically referenced in this Article 6. Liquidated Damages shall not liquidate Contractor's liability under the indemnification provisions of this Agreement. Contractor, in addition to reimbursing City for Liquidated Damages or other damages for untimely performance as provided herein, shall reimburse City for all costs incurred by City to repair, restore, or complete the Work, as may be provided by the Contract Documents, including, without limitation, any additional design fees that may be due to the Consultant related thereto. All such costs shall be deducted from the monies otherwise due Contractor for performance of Work under this Agreement by means of unilateral credit or deductive Change Orders issued by City. In the event a court of competent jurisdiction determines that any Liquidated Damages amount herein is unenforceable notwithstanding Contractor's agreement herein that such amounts are fair and reasonable, Contractor shall not be relieved of its obligations to the City for the actual damages resulting from the failure to timely achieve Substantial Completion or Final Completion in accordance with the requirements of the Contract Documents. Without limiting the foregoing, City and Contractor covenant not to bring any action in a court of competent jurisdiction that would ask the court to rule that the Liquidated Damages amounts are not fair and reasonable. 6.8. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines that a portion of the Work may be occupied prior to Substantial Completion. City may take Beneficial Occupancy in accordance with the provisions of the Contract Documents. 6.8.1. Prior to the anticipated date of Beneficial Occupancy, Contractor shall separate the portion of the Work to be occupied from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract Documents and to assure the safety of those entering, exiting and occupying the completed portion to be occupied. 6.8.2. Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of the Work, nor shall it relieve the Contractor of any responsibility for the correction of Work(whether or not included in the portion of Work to be occupied) or for the performance of Work not complete at the time of Beneficial Occupancy. 6.8.3. After Beneficial Occupancy and as conditions of Substantial Completion,the Contractor shall deliver to the City complete as-built drawings, all approved Shop Drawings, maintenance manuals, pamphlets, charts, parts lists and specified spare parts, operating instructions and other necessary documents required for all installed materials, equipment, or machinery, all applicable warranties and guarantees, and the appropriate certificate of occupancy or certificate of completion that are related to the portion of the Work being occupied. 22 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 6.8.4. Contractor's insurance on the unoccupied or unused portion or portions of the Project Site shall not be canceled or lapsed on account of such Beneficial Occupancy. 6.8.5. Contractor shall be responsible to maintain all utility services to areas occupied by the City until Final Completion. 6.9. Final Completion. Final Completion of the Project shall be deemed to have occurred if all the following have occurred: 6.9.1. Substantial Completion of the entire Project has occurred; 6.9.2. The Work can be used and operated in accordance with Applicable Laws bearing on the performance of the Work and applicable permits; 6.9.3. All spare parts, special tools and attic stock purchased by Contractor as part of Vendor supplies shall have been delivered to City and clear of all Liens; 6.9.4. All items on the Substantial Completion Punch List shall have been completed by Contractor to City's satisfaction and all final inspections have been performed; 6.9.5. Contractor has satisfied the additional conditions prescribed by the City in conjunction with a Certificate of Substantial Completion issued on the basis of partial completion of the Project, or a partial or temporary Certificate of Occupancy or Certificate of Completion, as applicable; 6.9.6. Contractor has delivered evidence to the City that all permits that are Contractor's responsibilities as specified under the Contract Documents have been satisfied and closed, and that a Certificate of Completion or Certificate of Occupancy(as applicable) has been issued by the authority having jurisdiction, and the Project or designated portion thereof is sufficiently complete in accordance with the Contract Documents and can be used for its intended purpose for uninterrupted operation, including,without limitation, acceptance of completed as-builts, if required by the agency having jurisdiction. 6.9.7. Contractor shall have provided to City final releases and complete and unconditional waivers of liens for all Work performed by Contractor and each Subcontractor or Suppliers, and a Consent of Surety to Final Payment; 6.9.8. Contractor shall have delivered to the City a certification identifying all outstanding Claims(exclusive of any Liens or other such encumbrances which must have been discharged) of Contractor (and of its Subcontractors, Suppliers and any other party against Contractor) with written documentation reasonably sufficient to support and/or substantiate such Claims; 6.9.9. Contractor shall have delivered to the City a written assignment of all warranties or guaranties which Contractor received from Subcontractors or Suppliers to the extent Contractor is obligated to do so; 6.9.10. Contractor shall have delivered to City a complete set of as-built documents and Project Records prepared in accordance with the Contract Documents; 23 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 6.9.11. Contractor has delivered to City all other submittals required by the Contract Documents, including all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor,catalogs, product data sheets for all materials furnished by Contractor and similar information; 6.9.12. All rubbish and debris have been removed from the Project Site; and 6.9.13. All Construction aids, equipment and materials have been removed from the Project Site. 6.9.14. Contractor has delivered to the City all executed warranties and guarantees required by the Contract Documents,all of which shall be in the name of the City and run to the benefit of the City; 6.9.15. If applicable, certificates of insurance indicating that any insurance required of the Contractor or Subcontractors by the Contract Documents shall remain in full force and effect for the required period of time; 6.9.16. Any other documentation establishing payment or satisfaction of obligations, including receipts, releases and final waivers of lien from the Contractor and all Subcontractors,to the extent and in such form as may be reasonably required by the City; 6.9.17. Final Completion is a condition precedent to City's final payment to Contractor and issuance of the Final Certificate for Payment. Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator,and approved the final payment. 6.9.18. Waiver of Claims. The release by the City and acceptance of the final payment by Contractor shall operate as and shall be a release to the City from all present and future Claims or liabilities, of whatever kind or nature, arising under, relating to or in connection with this Contract for anything done or furnished or relating to the Work or the Project, or from any act or omission of the City relating to or connected with the Contract Documents, the Work or the Project, except those Claims or liabilities, if any, for which the Contractor has provided the City with written notice pursuant to and in strict compliance with the "Claims" and notice requirements set forth in the Contract Documents, and containing a detailed reservation of rights that identifies the precise nature of the dispute, all facts in support of Contractor's Claim,the particular scope of Work giving rise to the Claim,and the maximum amount and/or time sought in connection with the Claim. ARTICLE 7. INSPECTION OF WORK; CORRECTION OF NON-CONFORMING OR DEFECTIVE WORK. 7.1. Consultant, City (and its authorized designees), and representatives of any regulatory agencies having jurisdiction over the Project, shall at all times have access to the Work and the Project Site, and Contractor shall provide proper facilities for such access and for inspecting,measuring and testing.Whenever requested, Contractor shall give the City and any inspectors or representatives appointed by the City free access to its Work during normal working hours either at the Project Site or its shops, factories, or places of business of Contractor and its Subcontractors and suppliers for properly inspecting materials,equipment and Work,and shall furnish them with full information as to the progress of the Work in its various parts. 7.2. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than 24 I General Conditions for Construction Contracts(April 13, 20201 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant,it must, if required by Consultant,be uncovered for examination and properly restored at Contractor's expense. 7.3. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered,the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 7.4. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of,the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 7.5. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly;is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 7.6. The Contractor shall coordinate all technical inspection and testing provided by professionals designated by the City,the Consultant, permitting authorities,and others.The Contractor shall also schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to the Contract Documents and provide a copy of all inspection and testing reports to the City on the day of inspection or test.The Contractor shall provide reasonable prior notice to appropriate inspectors before the Work is covered up, but in no event less than 24 hours before the Work is covered up.All costs for uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice shall be borne by Contractor at its sole cost and expense. Any time billed by inspectors for inspection where the Work is not ready to be inspected shall be at Contractor's sole cost and expense. If any members of the Project team are to observe said inspections, tests or approvals required by the Contract Documents, they shall be notified in writing by the Contractor of the dates and times of the inspections,tests or other approvals. The Contractor shall schedule,direct and/or review the services of or the reports and/or findings of surveyors, environmental consultants and testing and inspection agents engaged by the City. All Materials and Equipment furnished by Contractor and Work performed by Contractor shall at all times be subject to inspection and testing by City or inspectors or representatives appointed by City. If any of the Work should be covered up without approval or consent of City's Project Coordinator, or without necessary test and inspection, Contractor shall, if required by City's Project Coordinator or by public authorities, uncover such Work for examination and testing,and shall re-cover same at Contractor's expense. 7.7. Defective or Non-Conforming Work. 7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or City find to be defective. If required by Consultant or City,Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.7.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing 25 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 by Consultant, City shall have the authority to cause the defective work to be removed or corrected,or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.7.3. If,within one (1)year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents,or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents,Contractor,after receipt of written notice from City,shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Contractor's warranty obligations hereof and any claim regarding latent defects. 7.7.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 7.8. Cleaning Up; City's Right to Clean Up. Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY. 8.1. Contractor shall be solely responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.1.1. All employees on the work site and other persons who may be affected thereby; 8.1.2. All the work and all materials or equipment to be incorporated therein,whether in storage on or off the Project Site; and 8.1.3. Other property at the Project Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.2. Contractor shall comply with all Applicable Laws for the safety of persons or property or to protect them from damage, injury or loss;and shall erect and maintain all necessary safeguards for such safety and protection. City and Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. Contractor shall be responsible for and shall remedy all damage, injury or loss to any property,caused directly or indirectly,in whole or in part,by Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor's 26 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in the Contract Documents. 8.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's Construction Superintendent, unless otherwise designated in writing by Contractor to City. 8.4. Contractor's Responsibility for Damages and Accidents. 8.4.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever. 8.4.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 8.5. Occupational Health and Safety. 8.5.1. In compliance with Chapter 442, Florida Statutes,any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance;and iii. The primary routes of entry and symptoms of overexposure. c. The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. d. The emergency procedure for spills,fire,disposal, and first aid. e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. The year and month, if available,that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 27 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 8.6. Hurricane and Tropical Storm Precautions. 8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or tropical storm alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project Site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 8.6.2. Contractor's Hurricane Preparedness Plan shall, at a minimum, include the following: (1) monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage, and capping all incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards, and removing screening on fences and signs;(5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away, and removing all non-essential barricades;and (6) the documenting of conditions of the project and the surrounding area before and after the incident (photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 8.6.5. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension,will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan. 8.7. Location and Damage to Existing Facilities, Equipment or Utilities. 8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However,City does not guarantee that all lines are shown,or that,the ones indicated are in their true location. As part of the Contract Price, it shall be the Contractor's responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project, whether or not shown on the plans. 8.7.2. The Contractor shall notify each utility company involved at least ten (10)days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other 28 I General Conditions for Construction Contracts(April 13, 20201 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor(for utilities indicated in the Contract Documents). All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved, if indicated in the Contract Documents. No additional payment will be made to the Contractor for utility relocations indicated in the Contract Documents, whether or not said relocation is necessary to avoid conflict with other lines. 8.7.3. If Contractor, as part of its responsibility to identify all utility lines, identifies utility conflicts which materially differ from those indicated in the Contract Documents,such utility conflicts(for items not indicated in the Contract Documents) shall be addressed pursuant to the requirements of"Differing Site Conditions" as set forth in Article 10 shall apply. 8.7.4. The Contractor shall reasonably schedule the Work, and the phasing thereof, in such a manner so that the overall Project Schedule is not impacted and completion of the Work is not delayed by the utility providers relocating or supporting their utilities.The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay, except as provided in Article 10 of the Contract Documents. 8.7.5. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 8.8. Risk of Loss. The risk of loss to any of the Work and to any goods, materials and equipment provided or to be provided under the Contract Documents, shall remain with the Contractor until Substantial Completion. Should any of the Work, or any such goods, materials and equipment, be destroyed, mutilated, defaced or otherwise damaged prior to the time the risk of loss has shifted to the City,the Contractor shall repair or replace the same at its sole cost.The Performance Bond and Payment Bond or other security or insurance protection required by the Contract Documents or otherwise provided by the City or the Contractor shall in no way limit the responsibility of the Contractor under this Section. ARTICLE 9. BONDS, INSURANCE AND INDEMNITY, 9.1. Performance Bond and Payment Bond:The Contractor shall,within ten (10)business days of the Contract Date, furnish and deliver to the City a payment bond and a performance bond, in a form to be provided by the City, issued by sureties licensed and authorized to do business in the State of Florida, covering the faithful performance and completion of the Project pursuant to the Contract Documents, including the performance and completion of those services provided by Subcontractors of any tier and covering the payment of all obligations arising hereunder including but not limited to, the payment for all materials used in the performance of the Project in accordance with the Contract Documents,and for all labor and services performed under the Contract Documents (including materials, labor and/or services provided by Subconsultants and Subcontractors of any tier), whether by Subcontractors or otherwise. Each of the aforesaid bonds(collectively herein referred to as the"Performance Bond and Payment Bond")shall have a penal amount equal to the Contract Price, unless otherwise approved by the City and to the extent permitted by law. Each bond shall be increased in the amount of any change to the Contract Price. Each bond shall continue in effect for one (1)year after Final Completion of the Work. 29 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the requirements set forth in the Contract Documents and the Performance Bond and Payment Bond shall each be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion. If any of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements, or is deemed to be insufficient security for the penalty of said bond,then the City may, on giving thirty(30)days' notice thereof in writing, require the Contractor to furnish a new and/or additional bond(s) in the above amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and as shall be satisfactory to the City. The Contractor shall pay all costs of compliance with this Article as part of the Contract Price. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 9.2. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto,which shall be in accordance with Section 255.05, Florida Statutes. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9.3. Qualification of Surety: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars($500,000.00): 9.3.1. Each bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5)years. 9.3.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City,that such excess risk has been protected in an acceptable manner. 9.3.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to$2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City,only if the bid amount does not increase. The following sets forth,in general,the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 30 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 9.3.4. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code,and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code,as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 9.3.5. Unless more stringent surety requirements of any grantor agency are set forth within the Supplemental Conditions,the provisions of this Article shall apply. 9.4. Insurance Requirements.The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue,3rd Floor, Miami, Florida 33139,Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid Summary(and/or exhibits thereto). 9.4.1. Additional Insured Status. The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 9.4.2. Waiver of Subrogation. Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 9.4.3. Other Insurance Provisions. a. For any claims related to this project,the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. b. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. c. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: a. The retroactive date must be shown, and must be before the date of the contract or the 31 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five(5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five(5)years after completion of the contract work. d. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. e. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. 9.4.4. Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 9.4.5. Verification of Coverage. Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Article. All certificates of insurance and endorsements are to be received prior to any work commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9.4.6. Special Risks or Circumstances. The City of Miami Beach reserves the right to modify these requirements, including limits,based on the nature of the risk, prior experience, insurer,coverage,or other special circumstances. Certificate Holder: CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other provision of the Contract Documents. 9.5. Indemnification. 9.5.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 32 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. 9.5.2. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. 9.5.3. The execution of this Contract by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the Contract. 9.5.4. Nothing in this Artilce is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. 9.5.5. Nothing in this Article is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. 9.5.6. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. ARTICLE 10. CHANGES IN THE WORK; EXTENSIONS TO THE CONTRACT TIME. 10.1. Changes in the Work or Terms of Contract Documents. 10.1.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 10.1.2. Any changes to the terms of the Contract Documents must be contained in a Change Order, executed by the Parties hereto,with the same formality and of equal dignity prior to the initiation of any work reflecting such change.This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 10.2. Field Orders. 10.2.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution,providing the Field Order involves no change in the Contract Price or the Contract Time. 10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions,or interpretations concerning the Contract Documents or its performance,provided such supplemental instructions involve no change in the Contract Price or the Contract Time. 33 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 10.3. Change Orders. 10.3.1. Changes in the quantity or character of the Work which are not properly the subject of Field Orders or supplemental instructions, including all changes resulting in changes in the Contract Price,or the Contract Time, shall only be authorized only by Change Orders approved in advance by the City. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. No Change Order shall take effect until Contractor delivers a Consent of Surety increasing the Performance Bond and Payment Bond by the amount of the Change Order. 10.3.2. All Change Orders which exceed the then-remaining amounts available in the Owner's Contingency shall be approved by the City Commission. All other Change Orders, if funded by then-remaining amounts available in the Owner's Contingency, shall be approved in advance by the City Manager or the City Manager's designee. Notwithstanding the foregoing, the City Manager, at his or her sole discretion, may elect to present any proposed Change Order to the City Commission for its consideration. 10.3.3. If City requests a change in the Work, City shall submit a change request to Contractor, in writing. Within seven (7) business days of Contractor's receipt of such request from the City, Contractor shall provide City with a rough"pencil copy"estimate of the cost and/or time impacts associated with the request. Within twenty-one (21) days of Contractor's receipt of City's initial request, the Contractor shall submit a detailed proposal to the City stating (i)the proposed increase or decrease, if any, in the Cost of the Work which would result from such a change, (ii) the effect, if any, upon the Contract Time by reason of such proposed change, and (iii) supporting data and documentation, including any requested by the City in its change request. 10.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied by a detailed cost breakdown and sufficient substantiating data to permit evaluation by the City. If the Contractor does submit a proposal within the preceding seven (7) business day time period, the City shall, within twenty-one (21) days following its receipt of such proposal, notify the Contractor as to whether the City agrees with such proposal and wishes to accept the Contractor's proposal. If the City agrees with such proposal and wishes to accept the same,the City and the Contractor shall execute a Change Order which at a minimum specifies: i)the detailed scope associated with the change to the Work; ii)the amount of the adjustment in the Contract Price, if any, and (iii)the extent of the adjustment in the Contract Time, if any. In the event the City disagrees with the Contractor's proposal, the City may either(i) notify the Contractor that the City has decided to not proceed with or approve the requested change, or (ii) issue a Change Order as provided below. 10.3.5. The increase or decrease in the Contract Price resulting from a change in the Work shall be determined in one or more of the following ways: a. by mutual acceptance of a lump sum(inclusive of all overhead and profit) properly itemized and supported by sufficient substantiating data to permit evaluation by the Consultant and City; b. by unit prices as may be specified in the Contract Documents or subsequently agreed upon; c. by time and materials or"cost of the Work" (as defined herein) and a mutually acceptable fixed or percentage overhead and profit fee for the Contractor. 34 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 10.3.6. If none of the methods set forth above are agreed upon,the Contractor,provided it receives a written Change Order signed by the City with respect to all undisputed amounts and Work, shall promptly proceed with the Work involved, subject to Contractor's reservation of rights as to disputed amounts (with such reservation of rights identifying the precise nature of the dispute, the facts in support of the Contractor's position, and the maximum amount and/or time sought by the Contractor).The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change, including a reasonable overhead and profit in accordance with this Article. With respect to any such Change Order Work,the City,with the Consultant,will establish an estimated cost of the Work and the Contractor shall not perform any Work whose cost exceeds that estimate without prior written approval by the City.With respect to all Change Orders, Contractor shall keep and present, in such form as the City may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work. 10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price associated with such Work as stated in the Contractor's schedule of prices bid, as set forth in Contractor's response to the ITB. The number of units contained in the bid is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Contract Documents, as may be amended by Change Order. If additional unit price work is ordered, then the Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s)of work performed at the appropriate original schedule of prices bid associated with.such Work. 10.3.8. Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the Contract Price, by way of a deductive Change Order. 10.3.9. The Contractor's overhead and profit fee for all Change Orders shall be the net change in the Contract Price, multiplied by the percentage specified for overhead and profit in the Change Order, provided, that the overhead and profit markup or fee shall be as follows: (1) if the Change Order Work involves self-performed Work performed by the Contractor's own forces, the overhead and profit markup shall be reasonable, and shall not exceed ten percent (10%) of the net change in the Contract Price; or (2) if the Change Order involves Work performed by Subcontractors or Suppliers, or both, the overhead and profit markup shall be reasonable, and the overhead and profit markup from Subcontractors and Suppliers at all tiers shall not exceed ten percent 10% of the net change in the Contract Price, and the Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one half percent(7.5%)of the net change in the Contract Price. For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items,the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit fee, as applicable to the Contractor, Subcontractors or Suppliers. 10.4. Value of Change Order Workl"Costs of the Work". The term "cost of the Work"means the sum of: 35 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 10.4.1. All direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City,such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in the"cost of work"as defined herein. 10.4.2. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays,shall be included in the above to the extent authorized by City. Contractor's fee shall not exceed ten percent(10%). 10.4.3. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers'field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. Contractor's fee for overhead and profit markup for materials and equipment pursuant to this Section shall not exceed ten percent (10%)of the net change in the Contract Price. 10.4.4. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine,with the advice of Consultant,which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Contractor's fee shall not exceed seven and one half percent(7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%). 10.4.5. Contractor shall not be entitled to an overhead and profit markup or fee for any Change Order involving special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 10.4.6. Contractor shall not be entitled to an overhead and profit markup or fee for the following costs or expenses: 36 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen,which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. e. The cost of utilities,fuel and sanitary facilities at the Project Site. f. Receipted minor expenses such as long distance telephone calls, telephone service at the site, express delivery services (FedEx, UPS or couriers, and the like), Internet or other telecommunications services,and similar petty cash items in connection with the Work. g. Cost of premiums for additional bonds and insurance required because of changes in the Work. 10.4.7. The term"cost of the Work"shall not include any of the following items, as such items are expressly not to be reimbursed: a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project Site. c. Any part of Contractor's capital expenses,including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. e. Losses and expenses sustained by the Contractor or any Subcontractors at any tier, not compensated by insurance or otherwise, if such losses and expenses are due to infidelity on the part of any employee of Contractor, any Subcontractor or Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, or others to 37 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 whom the property may be entrusted, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. f. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly approved by the City Manager or City Commission by a Change Order. g. Losses and expenses not covered by insurance where the Contractor, or any Subcontractor, failed to obtain and/or maintain in effect the insurance required to be carried by the Contract Documents, or where Contractor, or any Subcontractor or Supplier, failed to obtain and/or maintain such insurance in limits and amounts required by the Contract Documents except to the extent any deductible provided in such required insurance; h. Costs and expenses incurred by Contractor upon breach of its warranties or guaranties; i. Costs associated with the relocation of employees,and any travel costs not expressly permitted by the Contract Documents(including costs for long-distance travel,costs for travel between the Project Site and the Contractor's office(s), and hotel, car rental and airfare costs); j. Any amounts to be paid by the Contractor for federal, state or local income or franchise taxes; k. Labor, material,and equipment costs or any other costs incurred which should be back-charged to any Subcontractor,any Sub-Subcontractor,any direct or lower tier supplier,or any other party for whom the Contractor is responsible; I. Costs or losses resulting from lost, damaged by misuse or stolen tools and equipment; m. Costs of bonding or securing liens or defending claims filed by any Subcontractor of any tier,any Supplier, any direct or lower tier supplier or any other party for whom any of such parties or the Contractor is responsible arising from nonpayment, unless such nonpayment is the result of the City's unexcused or wrongful failure to pay the Contractor undisputed amounts as and when due under the Contract Documents; n. Costs of self-insured losses(e.g.,losses within the deductible limits maintained by the Contractor or any direct or indirect subcontractor), costs covered by any insurance carried by Contractor or a direct or lower tier subcontractor, costs which would have been covered by the insurance required to be carried by a Contractor or a direct or lower tier subcontractor under the Contract Documents, and costs which would have been covered by insurance but for failure of the Contractor or direct or lower tier subcontractor to properly submit, process or give notice to the occurrence or claim; o. Costs of employee bonuses and executive bonuses whether or not based in whole or in part on performance related to the Work; p. Costs incurred or paid for recruiting employees (whether to third party recruiters or to employees); q. Severance or similar payments on account of terminated employees; 38 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 r. Costs incurred after the Contractors application for final payment; s. Any outside legal fees; t. Costs of materials and equipment stored off-site, except upon the prior written approval of the Contract Administrator in accordance with the Contract Documents. 10.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost,will be the amount of the actual net decrease. When both additions and credits are involved in any one change,the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 10.6. Whenever the cost of any work is to be determined as defined herein, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 10.7. Where the quantity of any item of the Work that is covered by a unit price is increased by more than thirty percent (30%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 10.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition,credit or no change-in-cost,Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 10.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 10.8.2. Whenever a Change Order involves Contractor and one or more Subcontractors, and the Change Order increases in the Contract Price, the overhead and profit markups for Contractor and each Subcontractor in accordance with this Article shall be itemized separately. 10.8.3. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 10.9. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN FOR AN EXTENSION OF TIME,SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS EXCEPT AS PROVIDED HEREIN. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and irrespective of . whether such delay results in an extension of the Contract Time; provided, however,Contractor's hindrances or delays are not due solely to fraud, bad faith or willful or intentional interference by the City in the performance of the Work, and then only where such acts continue after Contractor's written notice to the City of such alleged interference. 39 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 10.9.1. Contractor acknowledges and agrees that Excusable Delay shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the Work without clear and convincing proof that they were the result of a deliberate act, without any reasonable and good-faith basis, and were specifically intended to disrupt the Contractor's performance of the Work.The City's attempts to facilitate or assist Contractor in performance of the Work shall in no way be construed, interpreted and/or be deemed to constitute willful or intentional interference with the Contractor's performance of the Work. Except as provided herein, Contractor hereby waives all other remedies at law or in equity that it might otherwise have against the City on account of any Excusable Delay and any and all other events that may, from time to time,delay the Contractor in the performance of the Work. Contractor acknowledges and agrees that, except as specified herein, all delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the Parties in entering into this Agreement and that Contractor's pricing of the Work and the determination of the Contract Price shall be expressly based on the Contractor's assumption of the risks thereof,and Contractor hereby waives any and all Claims it might have for any of the foregoing losses, costs, damages and expenses. 10.10. Excusable Delay. Contractor's sole remedy for Excusable Delay is an extension of the Contract Time for each day of critical path delay, but only if the pre-requisites and notice requirements set forth below in this Article 10 have been timely and properly satisfied.An excusable delay is one that(i)directly impacts critical path activity delineated in the Project Schedule and extends the time for completion of the Work; (ii) could not reasonably have been mitigated by Contractor, including by re-sequencing, reallocating or redeploying and/or increasing the amount of its forces to other portions of the Work; and (iii) is caused by circumstances beyond the control and due to no fault of Contractor or its Subcontractors, material persons, Suppliers,or Vendors, including, but not limited to,force majeure events such as fires,floods, labor disputes, epidemics, hurricanes,or similar events beyond the control and due to no fault of the Contractor("Excusable Delay"). If two or more separate events of Excusable Delay are concurrent with each other,Contractor shall only be entitled to an extension of time for each day of such concurrent critical path delay, and Contractor shall not be entitled to double recovery thereon. For illustration purposes only, if two events of Excusable Delay are concurrent for two days, Contractor shall only receive a time extension of a total of two days, and not four days. 10.10.1. Weather.Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to the Contract Documents. These time extensions are justified only when rains or other inclement weather conditions prevent Contractor from productively performing critical path activity delineated in the Project Schedule: (1) Contractor being unable to work at least fifty percent(50%)of the normal workday on critical path activity delineated in the Project Schedule due to adverse weather conditions;or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on critical path activity delineated in the Project Schedule. 10.10.2. Compensable Excusable Delay. Notwithstanding the foregoing, Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents,provided,however,that in no event shall Contractor 40 I General Conditions for Construction Contracts(April 13, 2020) • DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 be compensated for(x) interim delays which do not extend the Contract Time, or(y)for Excusable Delay if caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, in which case then Contractor shall be entitled only to a time extension and no further compensation for the Excusable Delay. 10.10.3. Unexcusable Delays. "Unexcusable Delay" shall mean any delays not included within the definition of Excusable Delay as set forth above including any delay which extends the completion of the Work or portion of the Work beyond the time specified in the Project Schedule, including, without limitation, the date for Substantial Completion or Final Completion, and which is caused by the act, fault, inaction or omission of the Contractor or any Subcontractor, Supplier or other party for whom the Contractor is responsible; any delay that could have been limited or avoided by Contractor's timely notice to the City of such delay; or any delay in obtaining licenses, permits or inspections caused by the actions or omissions of the Contractor or its Subcontractors, Suppliers or any other party for whom the Contractor is responsible An Unexcusable Delay shall not be cause for granting an extension of time to complete any Work or any compensation whatsoever, and shall subject the Contractor to damages in accordance with the Contract Documents. In no event shall the Contractor be excused for interim delays which do not extend the Project Schedule, including the date for Substantial Completion or Final Completion. 10.11. Prerequisites and Notice Requirements for Extensions of Time. Except as provided in the Contract Documents with respect to Changes in the Work, an extension of the Contract Time will only be granted by the City under the following circumstances:(a)if a delay occurs as a result of an Excusable Delay, and (b) the Contractor has complied with each of the following requirements below to the reasonable satisfaction of the City: a. Contractor shall provide written notice to the City of any event of delay or potential delay within five (5) days of the commencement of the event giving rise to the request. The Contractor, within ten (10) days of the date upon which the Contractor has knowledge of the delay,shall notify the City, in writing, of the cause of the delay stating the approximate number of days the Contractor expects to be delayed, and must make a request for an extension of time, if applicable, to the City, in writing, within ten (10) days after the cessation of the event causing the delay specifying the number of days the Contractor believes that its activities were in fact delayed by the cause(s)described in its initial notice. b. The Contractor must show to the reasonable satisfaction of the City that the activity claimed to have been delayed was in fact delayed by the stated cause of delay, that the critical path of the Work was materially affected by the delay, that the delay in such activity was not concurrent with any Unexcusable Delay, the delay was not the result of the performance of unit price Work, and that the delay in such activity will result in a delay of the date for Substantial Completion in the Project Schedule or Final Completion. c. The initial notice provided by the Contractor under Subsection (a) above shall provide an estimated number of days the Contractor believes it will be delayed,and describe the efforts of the Contractor that have been or are going to be undertaken to overcome or remove the Excusable Delay and to minimize the potential adverse effect on the cost and time for performance of the Work resulting from such Excusable Delay. The mere written notice of an event of delay or potential delay, without all of the aforementioned required information,is insufficient and will not toll the time period in which the Contractor must provide proper written notice under this Article. CONTRACTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION PRECEDENT TO RECEIPT OF AN EXTENSION OF THE CONTRACT TIME. FAILURE OF THE CONTRACTOR TO 41 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A WAIVER, ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF TIME AND ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once the Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable Delay,they shall enter into a Change Order documenting the same. If the City and Contractor cannot resolve a request for time extension made properly and timely under this Section within sixty(60)days following Contractor's initial notice of the events giving rise to the request for a time extension,the Contractor may re-submit the request as a Claim in accordance with the Contract Documents. 10.12. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the Contractor to claim delay due to Excusable Delay,whenever an Excusable Delay shall occur, the Contractor shall use all reasonable efforts to overcome or remove any such Excusable Delay, and shall provide the City with written notice of the Contractor's recommendations on how best to minimize any adverse effect on the time and cost of performing the Work resulting from such Excusable Delay. In furtherance of the foregoing,whenever there shall be any Excusable Delay,the Contractor shall use all reasonable efforts to adjust the Project scheduling and the sequencing and timing of the performance of the Work in a manner that will avoid, to the extent reasonably practicable, any Excusable Delay giving rise to an actual extension in the time for performance of the Work. If there are corresponding costs associated with any of the measures which the Contractor deems necessary or desirable to minimize any adverse effects resulting from any Excusable Delay,the Contractor shall advise the City of such anticipated associated costs and shall not proceed with such measures absent the City's executing a Change Order in connection therewith. Nothing in this Section shall, however, be deemed to entitle the Contractor to any adjustment in the Contract Price or any other damages, losses or expenses resulting from an Excusable Delay; nor shall it be deemed to obligate the City to agree to undertake any recommendations suggested by the Contractor as a means of minimizing the adverse effects of any Excusable Delay. 10.13. Differing Site Conditions. In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project Site which could not have reasonably been identified by Contractor upon prior investigation, and materially differ from those indicated in the Contract Documents, or if unknown physical conditions of an unusual nature are encountered on the Project Site and differ materially from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, then Contractor shall promptly notify the City within two (2) business days of the specific materially differing site conditions, before the Contractor disturbs the conditions or performs the affected Work. 10.13.1. Consultant and City shall,within two(2)business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant,the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Contract Documents. Should Consultant determine that the conditions of the Project Site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City 42 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. 10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating thereto shall be deemed conclusively waived,if the Contractor has not provided the required written notice within two (2) business days of discovery of the site conditions, or has disturbed the site conditions prior to City's examination thereof. If a differing site condition qualifies for an equitable adjustment pursuant to the Contract Documents, and the Contractor's costs cannot reasonably be established at the time of notice to the City thereof, the Contractor shall submit its proposed pricing and/or request for extension of time within ten (10) days after the proposed solution is identified to the differing site condition described in the Contractor's initial notice to the City. 10.13.3. For purposes of this Section, a"materially differing"site condition is one that(1) is not identified in the Contract Documents and is not reasonably inferable therefrom; and (2) could not have reasonably been identified by Contractor upon prior investigation, provided Contractor reasonably undertook such prior site investigation;and (3)requires a change to the Work that increases Contractor's costs and/or impacts the critical path for completion of the Work. 10.13.4. Where Site Conditions delay the Project,and said delay could have been avoided by reasonable investigations of the Project Site at any time prior to commencement of the Work in question,such delay shall not be considered to be an Excusable Delay beyond the control of the Contractor, and no time extension shall be granted. No request for an equitable adjustment or change to the Contract Time for differing Site Conditions shall be allowed if made after the date certified as the Substantial Completion date. ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES. 11.1 Claims must be initiated by written notice and,unless otherwise specified in the Contract Documents, submitted to the other Party within ten(10)days of the event giving rise to such Claim or within ten(10)days after the claimant reasonably should have recognized the event or condition giving rise to the Claim, whichever is later. Such Claim shall include sufficient information to advise the other party of the circumstances giving rise to the Claim, the specific contractual adjustment or relief requested including, without limitation, the amounts and number of days of delay sought, and the basis of such request. The Claim must include all job records and other documentation supporting entitlement, the amounts and time sought. In the event additional time is sought,the Contractor shall include a time impact analysis to support such Claim. The City shall be entitled to request additional job records or documentation to evaluate the Claim. The Claim shall also include the Contractor's written notarized certification of the Claim in accordance with the False Claims Ordinance, Sections 70-300 et seq., of the City Code. 11.2 Claims not timely made or otherwise not submitted in strict accordance with the requirements of this Article or other Contract Documents shall be deemed conclusively waived,the satisfaction of which shall be conditions precedent to entitlement. 11.3 Contractor assumes all risks for the following items,none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work,costs to prepare, negotiate or prosecute Claims, and loss of projects not bid 43 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 11.4 Continuing the Work During Disputes. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. Contractor's failure to comply with this Section shall constitute an Event of Default. ARTICLE 12. PERMITS, LICENSES, FEES,TAXES. 12.1 Except as otherwise provided within the Contract Documents, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2 Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality or Miami-Dade County as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12.3 All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material,arrangement, appliance,or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in Construction Documents for said work. 12.4 Taxes. Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. ARTICLE 13.TERMINATION. 13.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Contract,the City may, in its sole discretion, terminate for the City's convenience the performance of Work under this Contract, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Contract,and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Article: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; 44 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work,equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts,subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials,services,or facilities,except as necessary to complete the portion of the Work not terminated (if any)under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Contract had been completed,would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City(if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and any property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values,within 30 days of the effective date of termination,unless extended in writing by the City upon request.Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Contract,except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 13.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default,the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty- 45 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 one (21) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions approved by the City in accordance with this Contract and the other Contract Documents; b. Failing,for reasons other than an Excusable Delay,to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower,workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; f. Discontinuing the prosecution of the Work,except in the event of: 1)the issuance of a stop-work order by the City; or 2)the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Contract for which Contractor has provided written notice of same in accordance with the Contract Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates the Contractor's financial ability to complete the Project; h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Failing to provide the City with a Recovery Schedule in accordance with the Contract Documents; k. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; I. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Contract; m. Failing to comply in any material respect with any of the terms of this Contract or the Contract Documents. In no event shall the time period for curing a Default constitute an extension of the time for achieving Substantial Completion or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 13.3. Termination of Contract for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined herein, or for any other breach of the Contract or other Contract Documents by the Contractor that the City, in its sole opinion,deems substantial and material,following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City in the time period set forth herein, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or remedies of the City, whether provided by this Contract, the other Contract Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to the Surety, rendering termination effective immediately,and may take any of the following actions,subject to any prior rights of the Surety: 46 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC7120606955 i. Take possession of the Project Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; ii. Accept assignments of subcontracts; iii. Direct Contractor to transfer title and deliver to the City(1)the fabricated and non-fabricated parts,Work in progress, completed Work,supplies and other material produced or required for the Work terminated; and (2)the completed or partially completed Project records that, if this Contract had been completed,would be required to be furnished to the City; and iv. Finish the Work by whatever reasonable method the City may deem expedient. c. Upon the issuance of a Notice of Termination for Cause,the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e.CAD,Word, Excel,etc.),any and all other unfinished or partially completed documents, and any and all warranties and guaranties for Work,equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site,including life safety and property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest. d. All rights and remedies of the City's Termination rights herein shall apply to all Defaults that are non-curable in nature,or that fail to be cured within the applicable cure period or are cured but in an untimely manner,and the City shall not be obligated to accept such late cure. 13.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default,and irrespective of whether the City has terminated the Contractor, the City may (i) make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement(including,without limitation, not requiring any takeover agreement) or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or(ii) in the alternative, the City may take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a new contract or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services incidental to ascertaining and collecting losses under the Performance and Payment Bond including,without limitation,accounting,engineering,and legal fees,together with any and all costs incurred in connection with renegotiation of the Contract. 13.5. Costs and Expenses. 47 l General Conditions For Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default),together with the costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Contract, irrespective of whether the City ultimately terminates Contractor. b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor,and the Contractor shall not be entitled to receive,any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Contract for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Contract,or that any delay hereunder was an Excusable Delay,the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained herein. The Contractor shall have no further recourse of any nature for wrongful termination. 13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Contract is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies,existing now or hereafter,at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 13.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or Amendment of this Contract. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article at any time shall not constitute a waiver of such rights and remedies. 13.9. Contractor Right to Terminate Contract or Stop Work. If the Project should be stopped under an order of any court or other public authority for a period of more than ninety(90)days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required by the Contract Documents,and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding,then, unless the City is withholding such payment pursuant to any provision of this Contract which entitles the City to so withhold such payment,the Contractor shall have the right upon the expiration of the aforesaid ninety(90)day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Contract and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination,Contractor shall not be obligated to recommence the Work until such time as the City shall have 48 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. No act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. ARTICLE 14. MISCELLANEOUS. 14.1. Separate Contracts. 14.1.1. The City reserves the right to perform construction or operations related to the Project with the City's own forces,to award separate contracts to other contractors or subcontractors, and to permit third parties to perform construction or operations in connection with other portions of the Project or other construction or operations on the Project Site or adjacent to the Project Site. City reserves the right to let other contracts in connection with this Project.Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 14.1.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. 14.1.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractors,including the City's own forces, on the site. Should such interference or impact occur,Contractor shall be liable to the affected contractor for the cost of such interference or impact. Coordination with other contractors shall not be grounds for an extension of time or any adjustment in the Contract Price. Contractor agrees that its pricing of the Work and the determination of the Contract Price were expressly based upon the Contractor's assumption of the foregoing cost risks 14.1.4. Contractor shall afford other contractors reasonable access to the Project Site for the execution of their work. Following the request of the City or Consultant, the Contractor shall prepare a plan in order to integrate the work to be performed by the City or by the other contractors with the performance of the Work, and shall submit such plan to the City for approval.The Contractor shall arrange the performance of the Work so that the Work and the work of the City and the other contractors are, to the extent applicable, properly integrated,joined in an acceptable manner and performed in the proper sequence, so that any disruption or damage to the Work or to any work of the City or of other contractors is avoided. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 14.2. Lands for Work. 14.2.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 49 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 14.2.2. Contractor shall provide,at Contractor's own expense and without liability to City,any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 14.3. Assignment. Neither the City nor the Contractor shall assign its interest in this Contract without the written consent of the other, except as to the assignment of proceeds. Notwithstanding the foregoing, City may assign its interest in this Contract or any portion thereof to any local or state governmental body,special taxing district,or any person authorized by law to construct or own the Project. Such assignee shall be bound to comply with the terms of this Contract. 14.4. Rights of Various Interests. Whenever work being done by City's forces or by separate contractors is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract Documents, , the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 14.5. Legal Restrictions and Traffic Provisions. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water,without the prior written consent of the proper authorities. 14.6. Value Engineering. Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution,Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved,the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 14.7. No Interest.Any monies not paid by City when claimed to be due to Contractor under this Contract, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However,the provisions of City's prompt payment ordinance,as such relates to timeliness of payment,and the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 14.8. Project Sign.Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines. 50 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 14.9. Availability of Project Site; Removal of Equipment. 14.9.1. Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage of equipment or materials, lay-down facilities, pre-cast material fabrication, batch plants for the production of asphalt, concrete or other construction-related materials, or other similar activities, shall require advance written approval by the Contract Administrator. The City may,at any time, in its sole and absolute discretion, revoke or rescind such approval for any reason. Upon notice of such rescission, Contractor shall, within twenty-four (24) hours, remove and relocate any such materials and equipment to a suitable, approved location. Notwithstanding any other provision in the Contract Documents to the contrary, the conditions or requirements of right-of-way permits established by the authorities having jurisdiction including, without limitation any regulatory authorities of the City, shall take precedence over any provision in the Contract Documents that may provide any right whatsoever to use of the Project Site for staging, material and equipment storage, lay-down or other similar activities. 14.9.2. In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 14.10. Nondiscrimination. In connection with the performance of the Services, the Contractor shall not exclude from participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race, color, national origin,sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code,as may be amended from time to time,prohibiting discrimination in employment, housing, public accommodations,and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,ancestry,height,weight,domestic partner status, labor organization membership,familial situation, or political affiliation. 14.11. Project Records. City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise; which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three(3)year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 14.12. Performance Evaluations.An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s)may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 51 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 14.13. Public Entity Crimes. In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes,for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 14.14. Independent Contractor. Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. Contractor hereby accepts complete responsibility as a principal for its agents, Subcontractors, vendors, materialmen, suppliers, their respective employees, agents and persons acting for or on their behalf, and all others Contractor hires to perform or to assist in performing the Work. 14.15. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 14.16. Severability. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract.An election to terminate this Contract based upon this provision shall be made within seven (7)days after the finding by the court becomes final. ARTICLE 15. INSPECTOR GENERAL AUDIT RIGHTS. 15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition,the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its 52 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 15.3 Upon ten (10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor,its officers,agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 15.4 The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 15.5 The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination,audit,or reproduction, until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 15.6 The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. 15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 53 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 20201 1.GENERAL DISCLAIMERS. a.The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City.In its sole discretion,the City may withdraw the solicitation either before or after receiving bids,may accept or reject bids,and may accept bids which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Bids in response to this solicitation. b.The information contained herein is provided solely for the convenience of prospective Bidders.It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation.Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Bidders should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Bid conforming to these requirements will be selected for consideration,negotiation, or approval. c.Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions(if applicable),which may be found on the City Of Miami Beach website:https://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ •CONE OF SILENCE—SECTION 2-486 •PROTEST PROCEDURES—CODE SECTION 2-371 •DEBARMENT PROCEEDINGS—SECTIONS 2-397 THROUGH 2-485.3 •LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2-481 THROUGH 2-406 •CAMPAIGN CONTRIBUTIONS BY VENDORS—SECTION 2-487 •CAMPAIGN CONTRIBUTIONS —SECTION 2-488 •EQUAL BENEFITS FOR DOMESTIC PARTNERS—SECTION 2-373 •LIVING WAGE REQUIREMENT—SECTIONS 2-407 THROUGH 2-410 •FALSE CLAIMS ORDINANCE—SECTION 70-300 •ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit a bid on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,sub-contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold amount provided in Sec.287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation,disqualification of their responses,in the event of such non-compliance. 4.DEBARMENT ORDINANCE:This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code.Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their responses,in the event of such non-compliance. 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379,the bidder shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within five(5)days upon receipt of request.The Code shall,at a minimum, require the bidder,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 7.AMERICANS WITH DISABILITIES ACT(ADA).Call 305-673-7490 to request material in accessible format;sign language interpreters(five (5)days in advance when possible),or information on access for persons with disabilities.For more information on ADA compliance,please call the Public Works Department,at 305-673-7000,Extension 2984. 8.POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will 1 I Solicitation Terms and Conditions—Services(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) make a reasonable effort to give at least three(3)calendar days written notice of any such postponement to all prospective bidders through BidSync. 9.PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 10.JOINT VENTURES 1 SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.Bids shall be submitted only by the prime contractor.Bids may,however,identify other sub-contractors or sub-consultants to the prime Bidder who may serve as team members. 11.VETERAN BUSINESS ENTERPRISES PREFERENCE.Pursuant to City Code Section 2-374,the City shall give a preference to a responsive and responsible Bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is within five percent(5%)of the lowest responsive,responsible bidder,by providing such bidder an opportunity of providing said contractual services for the lowest responsive bid amount(or in this solicitation,the highest bid amount).Whenever,as a result of the foregoing preference,the adjusted prices of two(2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an solicitation or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the award shall be made to the service- disabled veteran business enterprise. 12.AGREEMENT BY BIDDERS.Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. The City may,at its sole and absolute discretion,reject any and all,or parts of any and all,responses;re-advertise this solicitation;postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation,or in any responses received as a result of this solicitation. Reasonable efforts will be made to either award the bidder the contract or reject all bids within one-hundred twenty(120)calendar days after Bid opening date.In accordance with Section 47 below,a bidder may withdraw its bid after expiration of one hundred twenty(120)calendar days from the date of bid opening,by delivering written notice of withdrawal to the Procurement Department. 13.COSTS INCURRED BY BIDDERS.All expenses involved with the preparation and submission of Bids,or any work performed in connection therewith,shall be the sole responsibility(and shall be at the sole cost and expense)of the bidder,and shall not be reimbursed by the City. 14.OCCUPATIONAL HEALTH AND SAFETY.The bidder warrants to the City that any work,services,supplies,materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 15.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 16.MISTAKES.Bidders are expected to examine the terms,conditions,specifications,delivery schedules,proposed pricing,and all instructions pertaining to the services relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive. 17. PAYMENT. Payment will be made by the City after the services have been received, inspected, and found to comply with contract specifications,free of damage or defect,and are properly invoiced. 18. PATENTS & ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors,and/or agents,from liability of any nature or kind,including cost and expenses for,or on account of,any copyrighted,patented,or unpatented invention,process,or article manufactured or used in the performance of the contract,including its use by the City of Miami Beach, Florida. If the bidder uses any design,device or materials covered by letters,patent,or copyright,it is mutually understood and agreed,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 19.DEFAULT.Failure or refusal of the successful Bidder to execute a contract following approval of such contract by the City Commission,or untimely withdrawal of a bid response before such award is made and approved,may result in a claim for damages by the City,and may be grounds for removing the Bidder from the City's vendor list. 20.MANNER OF PERFORMANCE.Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local,State,County,and Federal laws,rules,regulations and codes.Lack of knowledge or ignorance by the bidder with/of applicable 2 I Solicitation Terms and Conditions—Services(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) laws will in no way be a cause for relief from responsibility.Bidder agrees that the work and services provided shall be provided by employees that are educated,trained,experienced,certified,and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation,certification,authorization,license,permit,or registration currently required by applicable laws,rules,and regulations. Bidder further certifies that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 21.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 22.NON-DISCRIMINATION.The bidder certifies that it is in compliance with the non-discrimination clause contained in Section 202,Executive Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons without regard to race,color, religion,sex or national origin. In accordance with the City's Human Rights Ordinance,codified in Chapter 62 of the City Code, bidder shall prohibit discrimination by reason of race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,disability,marital and familial status,age,ancestry,height,weight,domestic partner status,labor organization membership,familial situation,and political affiliation. 23.DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods as described in this solicitation. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time,and have sufficient financial capacity, equipment,and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms"equipment and organization",as used herein shall,be construed to mean a fully-equipped and well-established company in line with the best business practices in the industry,and as determined by the City. E. The City may consider any evidence available regarding the financial,technical,and other qualifications and abilities of a bidder,including past performance(experience),in making an award that is in the best interest of the City. F. The City may require bidder to show proof that it has been designated as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances,the City may also require material information from the source of supply regarding the quality,packaging,and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may,during the period that the contract between the City and the successful bidder is in force,review the successful bidder's record of performance to ensure that the bidder is continuing to comply with contractual obligations as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City,the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 24.ASSIGNMENT.The successful Bidder shall not assign,transfer,convey,sublet or otherwise dispose of the contract,including any or all of its right,titre or interest therein,or his/her or its power to execute such contract,to any person,company or corporation,without the prior written consent of the City. 25.LAWS,PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses,permits,and inspection fees required to complete the work and shall comply with all applicable laws. 26.OPTIONAL CONTRACT USAGE.When the successful Bidder is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 27.VOLUME OF WORK.To the extent applicable, it is the intent of the City to purchase the services specifically listed in this solicitation. However,the City reserves the right to purchase any services awarded from State or other governmental contracts,or on an as-needed basis through the City's spot market purchase provisions. 28.DISPUTES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation;then B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation;then D. The bidder's bid in response to the solicitation. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 29.INDEMNIFICATION.The Bidder shall indemnify and hold harmless the City and its officers,employees,agents and instrumentalities from any and all liability,losses or damages, including attorney's fees and costs of defense,which the City or its officers,employees,agents or 3 I Solicitation Terms and Conditions—Services(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the Bidder or its employees,agents,servants,partners,principals or subcontractors. The Bidder shall pay all claims and losses in connection therewith,and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may be incurred thereon. The Bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the Bidder shall in no way limit the responsibility to indemnify,keep and save harmless and defend the City or its officers, employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 30. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids including, without limitation, any and all information and documentation submitted therewith,are exempt from public records requirements under Section 119.07(1),Florida Statutes,and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the bids, whichever is earlier.Additionally,Bidder agrees to be in full compliance with Florida Statute 119.0701 including,but not limited to,agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;(d)Meet all requirements for retaining public records and transfer,at no cost,to the public agency all public records in possession of the Bidder upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 31.OBSERVANCE OF LAWS.Bidders are expected to be familiar with,and comply with,all Federal,State,County,and City laws,ordinances, codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which,in any manner,may affect the scope of services and/or project contemplated by this solicitation(including,without limitation,the Americans with Disabilities Act,Title VII of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines).Ignorance of the law(s)on the part of the Bidder will in no way relieve it from responsibility for compliance. 32.CONFLICT OF INTEREST.All bidders must disclose,in their Bid,the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all bidders must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the bidder entity or any of its affiliates. 33.MODIFICATIONIWITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered.Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date,or after expiration of 180 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the Bid due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. 34.EXCEPTIONS TO SOLICITATION.Bidders must clearly indicate any exceptions they wish to take to any of the terms in the solicitation,and outline what,if any,alternative is being offered. All exceptions and alternatives shall be included and clearly delineated,in writing,in the bid submittal. The City,at its sole and absolute discretion,may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the bidder to comply with the particular term and/or condition of the solicitation to which bidder took exception to(as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 35.ACCEPTANCE OF GIFTS,FAVORS,SERVICES. Bidders shall not offer any gratuities,favors,or anything of monetary value to any official, employee,or agent of the City,for the purpose of influencing consideration of this Bid. Pursuant to Sec.2-449 of the City Code,no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 36.SUPPLEMENTAL INFORMATION.City reserves the right to request supplemental information from bidders at any time during the solicitation process,unless otherwise noted herein. 37.ENVIRONMENTAL REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility,and further reserves the right to declare a Bidder not responsible if the history of violations warrants such determination in the opinion of the City.Bidder shall submit with its proposal,a complete history of all citations and/or violations, notices and dispositions thereof.The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations.Bidder shall notify the City immediately of notice of any citation or violation which bidder may receive after the proposal opening date and during the time of performance of any contract awarded to it. 4 I Solicitation Terms and Conditions—Services(April 13, 2020) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 20201 38.RELATIONSHIP TO THE CITY.It is the intent of the City,and Bidder's hereby acknowledge and agree,that the successful Bidder is considered to be an independent contractor,and that neither the Bidder,nor the Bidder's employees,agents,and/or contractors,shall,under any circumstances,be considered employees or agents of the City. 39.INSPECTOR GENERAL AUDIT RIGHTS A. Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits,inspections and investigations on all City contracts,throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present and proposed City programs,accounts,records,contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses, administer oaths,require the production of witnesses and monitor City projects and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten(10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not limited to original estimate files, change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,construction documents,(bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Contractor shall make available at its office at all reasonable times the records,materials,and other evidence regarding the acquisition(bid preparation)and performance of this contract,for examination,audit,or reproduction,until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals,litigation,or claims are finally resolved. F. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. Balance of Page Intentionally Left Blank 5 I Solicitation Terms and Conditions—Services(April 13, 20201 DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 ATTACHMENT A RESOLUTION&COMMISSION AWARD MEMO DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 RESOLUTION NO. 2021-31625 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE AWARD OF BIDS, PURSUANT TO INVITATION TO BID(ITB) NO.2021- 018-DF FOR MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DAVID MANCINI & SONS, INC, THE LOWEST RESPONSIVE,RESPONSIBLE BIDDER; FURTHER,SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH DAVID MANCINI & SONS, INC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH EBSARY FOUNDATION CO, THE SECOND LOWEST RESPONSIVE, RESPONSIBLE BIDDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, ITB No. 2021-018-DF was issued on December 23, 2020, with a bid opening date of February 11, 2021, for Madeleine Village Apartments Seawall Replacement (the "Project"); and WHEREAS, the City received proposals from two (2)firms, David Mancini & Sons, Inc..; and Ebsary Foundation Co.; and WHEREAS,as part of its due diligence,the Procurement Department verified that the two (2) proposal responses met the requirements of the ITB; and WHEREAS, as all bid prices received from the two (2) proposers were higher than the City's cost estimates for the Project, the Administration recommends that the City enter into negotiations in an effort to bring pricing in line with the City's estimated costs; and WHEREAS, after exercising his due diligence, the City Manager recommends that the Administration be authorized to enter into negotiations with David Mancini&Sons, Inc.,the lowest responsive, responsible bidder;further, should the Administration not be successful in negotiating an agreement with David Mancini & Sons, Inc., the Administration recommends that it be authorized to enter into negotiations with Ebsary Foundation Co., as the second lowest responsive, responsible bidder; and further recommends that the City Commission authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the award of bids, pursuant to Invitation to Bid (ITB) 2021-018-DF for Madeleine Village Apartments Seawall Replacement; authorize the Administration to enter into negotiations with David Mancini & Sons, Inc., the lowest responsive, responsible bidder; further, should the Administration not be successful in negotiating an agreement with David Mancini & Sons, Inc., authorize the Administration to enter into negotiations with Ebsary Foundation Co., as the second lowest responsive, responsible bidder; and further authorize the Mayor and City Clerk to execute an DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 agreement upon conclusion of successful negotiations by the Administration. PASSED and ADOPTED this /7 day of /14r'ck, 2021. 1 :2-z,Z----___. Dan Gelber, Mayor ATTEST: / 3/tretSrLk Rafael E. Granado, City Clerk A4-.:::,,,y '3'',., JINI:ORP ORATED %,,2,y. . 3 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION *PAAVV— va 103 ZoLl City Attorney Dote C:\Users\ATTOTorG\AppData\Local\Microsoft\Windows\INetCache\Content.OuUook\7V9SZS3C\2021-018-DF Resolution DRAFT GT.docx DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Resolutions-C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: March 17,2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE AWARD OF BIDS, PURSUANT TO INVITATION TO BID (ITB)NO.2021-018-DF FOR MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DAVID MANCINI & SONS, INC, THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH DAVID MANCINI & SONS, INC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH EBSARY FOUNDATION CO, THE SECOND LOWEST RESPONSIVE, RESPONSIBLE BIDDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the Resolution accepting the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2021-018-DF,for Madeleine Village Apartments seawall replacement. BACKGROUND/HISTORY The purpose of the ITB is to establish a contract, by means of sealed bids, with a qualified contractor to replace the seawall at the Madeleine Village Apartments, located at 7861-7871 Crespi Boulevard in the North Beach district. The existing seawall is damaged beyond repair and needs to be replaced. ANALYSIS On December 23, 2020, the ITB was issued. A voluntary site visit and pre-bid conference to provide information to proposers submitting a response was held on January 7,2021. Three(3) addenda were issued. Bid notices were issued to approximately 43,000 companies utilizing the Cites e-procurement platform. 114 prospective bidders accessed the solicitation. On February 11, 2021, bids were received from David Mancini & Sons, Inc. and Ebsary Foundation Page 336 of 2284 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 ] Company.The tabulation of bids received.is included in Attachment A. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award. Staff has verified that both bids meet the requirements of the ITB, including a bid bond, licensing requirements and previous similar experience. However, both bids exceed the-City's cost estimate of$530,000. As a result, the Administration recommends negotiating with bidders (in order of lowest bid price)in an attempt'to bring the bid price in line with the project estimate. A summary of the bidders follows. David Mancini & Sons, Inc. Since 2010, David Mancini & Sons, Inc. (DMSI) has provided construction services to public and private clients in South Florida.: The firm has extensive experience with drainage and CMI projects. DMSI has completed prior projects for the City with positive results as reported by staff. Ebsary Foundation Company.. Since 1922, Ebsary Foundation Company (Ebsary) has completed countless notable projects and developed a proven track record that led to them becoming pioneers in foundation systems and marine construction for public and private clients in South Florida. Ebsary has been recently'awarded a City continuing contract for seawall projects: SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey conducted by ETC institute, a 50% satisfaction was given for "Efforts to manage stormwater drainage and flooding." In further - evaluation, the location for this project(North Beach) has a 49.6% satisfaction level. In order to increase standards in this area, the City seeks to increase its efforts in the area by building new seawall,which will be built in front of(waterward)of the existing seawall,to be in compliance with current building code requirements. FINANCIALINFORMATION The final cost of the related services for the construction and 10%owner's contingency, shall be determined upon successful negotiations and is subject to funds availability approved through the City's budgeting process. Grant funding will be utilized for this project. Amount(s)/Account(s): CONCLUSION After reviewing bids received and staffs recommendations, which include the concerns regarding bids being over budget, I recommend'that the Mayor and.City Commission of the City of Miami Beach, Florida, approve the- Resolution authorizing the Administration to enter into negotiations with David Mancini & Sons, Inc., the lowest responsive, responsible bidder and, should the Administration not be successful in negotiating an agreement with David Mancini & Sons,. Inc., authorizing the Administration to enter into negotiations with Ebsary Foundation Company,the second lowest responsive, responsible bidder;further, authorizing the Mayor and City Clerk to execute an agreement upon' conclusion of successful negotiations by the - Administration. Page 337 of 2284 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Applicable Area Middle Beach Is this a"Residents Right Does this item utilize G.O. to Know" item.pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Housing and Community Services/Procurement ATT CHMENTS: Description ❑ ITB 2021-018-DF Tabulation ❑ Resolution Page 338 of 2284 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 ITB 2021-018-DF Madeleine Village Apartments Seawall Replacement Tabulation -Grand Total -Bid Price Form David Mancini&Sons Inc. Ebsary Foundation Company LUMP SUM GRAND TOTAL $ 699,400.00 $ 977,400.00 (TOTAL BASE BID AMOUNT IN FORM 82,Section A and Section B) 'Allowance for Trench Safe A $ 25.00 $ 25.00 Permit Allowance $ 12,500.00 $ 12,500.00 GRAND TOTAL (LUMP SUM GRAND TOTAL+TRENCH SAFETY+PERMIT ALLOWANCE) $ 711,925.00 $ 989,925.00 PRt a 339 0f032&34 FAPURC\Solicitations\2021\2021-018-OF(RB)Madeleine Village Seawal placement - esponsiveness\2-Tabulation\Tabulation DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Coversheet Resolutions-C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: March 17,2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE AWARD OF BIDS, PURSUANT TO INVITATION TO BID (ITB) NO. 2021-018-DF FOR MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT;AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DAVID MANCINI &SONS, INC,THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH DAVID MANCINI & SONS, INC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH EBSARY FOUNDATION CO, THE SECOND LOWEST RESPONSIVE, RESPONSIBLE BIDDER;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the Resolution accepting the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2021-018-DF,for Madeleine Village Apartments seawall replacement. BACKGROUND/HISTORY The purpose of the ITB is to establish a contract, by means of sealed bids,with a qualified contractor to replace the seawall at the Madeleine Village Apartments,located at 7861-7871 Crespi Boulevard in the North Beach district.The existing seawall is damaged beyond repair and needs to be replaced. ANALYSIS On December 23, 2020, the ITB was issued. A voluntary site visit and pre-bid conference to provide information to proposers submitting a response was held on January 7, 2021. Three (3)addenda were issued. Bid notices were issued to approximately 43,000 companies utilizing the City's e-procurement platform. 114 prospective bidders accessed the solicitation. On February 11, 2021, bids were received from David Mancini & Sons, Inc. and Ebsary Foundation Company. The tabulation of bids received is included in Attachment A. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award. Staff has verified that both bids meet the requirements of the ITB, including a bid bond, licensing requirements and previous similar experience. However, both bids exceed the City's cost estimate of$530,000. As a result, the Administration recommends negotiating with bidders(in order of lowest bid price)in an attempt to bring the bid price in line with the project estimate. A summary of the bidders follows. David Mancini & Sons, Inc. Since 2010, David Mancini & Sons, Inc. (DMSI) has provided construction services to public and private clients in South Florida. The firm has extensive experience with drainage and civil projects. DMSI has completed prior projects for the City with positive results as reported by staff. Ebsary Foundation Company. Since 1922, Ebsary Foundation Company (Ebsary) has completed countless notable projects and developed a proven track record that led to them becoming pioneers in foundation systems and marine construction for public and private clients in South Florida.Ebsary has been recently awarded a City continuing contract for seawall projects. SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey conducted by ETC institute, a 50% satisfaction was given for "Efforts to manage stormwater drainage and flooding." In further evaluation, the location for this project (North Beach) has a 49.6% satisfaction level. In order to increase standards in this area, the City seeks to increase its efforts in the area by building new seawall, which will be built in front of (waterward) of the existing seawall, to be in compliance with current building code requirements. FINANCIAL INFORMATION The final cost of the related services for the construction and 10% owner's contingency, shall be determined upon successful https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=208488MeetingID=891 1/2 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 Coversheet negotiations and is subject to funds availability approved through the City's budgeting process. Grant funding will be utilized for this project. Amount(s)/Account(s): CONCLUSION After reviewing bids received and staffs recommendations, which include the concerns regarding bids being over budget, recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution authorizing the Administration to enter into negotiations with David Mancini&Sons, Inc.,the lowest responsive, responsible bidder and,should the Administration not be successful in negotiating an agreement with David Mancini & Sons, Inc., authorizing the Administration to enter into negotiations with Ebsary Foundation Company,the second lowest responsive,responsible bidder;further,authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. Applicable Area Middle Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Housing and Community Services/Procurement ATTACHMENTS: Description ❑ ITB 2021-018-DF Tabulation ❑ Resolution https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=20848&MeetinglD=891 2/2 i DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 ITB 2021-018-DF Madeleine Village Apartments Seawall Replacement Tabulation -Grand Total - Bid Price Form David Mancini&Sons Inc. Ebsary Foundation Company LUMP SUM GRAND TOTAL (TOTAL BASE BID AMOUNT IN FORM B2,Section A and Section B) $ 699,400.00 $ 977,400.00 'Allowance for Trench Safet Ac $ 25.00 $ 25.00 Permit Allowance $ 12,500.00 $ 12,500.00 GRAND TOTAL (LUMP SUM GRAND TOTAL+TRENCH SAFETY+PERMIT ALLOWANCE) $ 711,925.00 $ 989,925.00 F:\PURC\Solicitations\2021\2021-018-DF(ITB)Madeleine Village Seawall Replacement\06-Responsiveness\2-Tabulation\Tabulation DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE AWARD OF BIDS, PURSUANT TO INVITATION TO BID(ITB) NO.2021- 018-DF FOR MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DAVID MANCINI & SONS, INC, THE LOWEST RESPONSIVE,RESPONSIBLE BIDDER; FURTHER,,SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH DAVID. MANCINI & SONS, INC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH EBSARY FOUNDATION CO, THE SECOND LOWEST RESPONSIVE, RESPONSIBLE BIDDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, ITB No.2021-018-DF was issued on December 23, 2020, with a bid opening date of February 11, 2021, for Madeleine Village Apartments Seawall Replacement (the "Project"); and WHEREAS, the City received proposals from two (2)firms, David Mancini & Sons, Inc..; and Ebsary Foundation Co.; and WHEREAS, as part of its due diligence,the Procurement Department verified that the two (2) proposal responses met the requirements of the ITB; and WHEREAS, as all bid prices received from the two (2) proposers were higher than the City's cost estimates for the Project, the Administration recommends that the City enter into negotiations in an effort to bring pricing in line with the City's estimated costs; and WHEREAS, after exercising his due diligence, the City Manager recommends that the Administration be authorized to enter into negotiations with David Mancini&Sons, Inc.,the lowest responsive, responsible bidder;further,should the Administration not be successful in negotiating an agreement with David Mancini & Sons, Inc., the Administration recommends that it be authorized to enter into negotiations with Ebsary Foundation Co., as the second lowest responsive, responsible bidder; and further recommends that the City Commission authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the award of bids, pursuant to Invitation to Bid (ITB) 2021-018-DF for Madeleine Village Apartments Seawall Replacement; authorize the Administration to enter into negotiations with David Mancini &Sons, Inc., the lowest responsive, responsible bidder; further, should the Administration not be successful in negotiating an agreement with David Mancini & Sons, Inc., authorize the Administrationto enter into negotiations with Ebsary Foundation Co., as the second lowest responsive, responsible bidder; and further authorize the Mayor and City Clerk to execute an DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 agreement upon conclusion of successful negotiations by the Administration. PASSED and ADOPTED this day of 2021. Dan Gelber, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE *.vptir& FOR EXECUTION )U3lZoL1City AttorneDote CilUsers\ATTOTorGIAppDatalLocalkMicrosoftlWindowsllNetCache1Content.OUtiook17V9SZS3C12021-018-DF Resolution DRAFT GT.docx t —_ DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 M I AM I B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.3 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT February 4,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 p.m.,on Thursday, February 11,2021. Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER:+1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. RESPONSES TO QUESTIONS RECEIVED: Q1: Please confirm if City plans to relocate residents during pile driving activities due to risk associated with suspended loads over an inhabited structure and excessive noise due to impact pile driving? Al: No. The City will not relocate residents during construction. Refer to response A2 below for noise level requirements. Q2:Will the City require noise monitoring.What limits and duration will be allowable? A2: Noise levels must be monitored for compliance to OSHA Standard 1926.52. The City will require noise monitoring on the property where construction is taking place, as well as the adjacent properties located on either side of the construction limits.The noise monitoring will take place during all construction related activities while the temporary noise permit is active. Per the Code of the City of Miami Beach, Florida Subpart A, Chapter 46,Article IV,Section 46- 156, the contractor will be able to apply for a temporary construction permit, which grants temporary exempt from noise that violates Section 46-152. In accordance with section 46-156, all residents shall receive adequate notice of expected increased noise levels, which should not proceed for longer than three consecutive days. Q3: Can the City provide owner's contact info for the potential canal side staging properties for contractors to request permission to use? A3: The City cannot provide any property owner's contact information. They City will act as liaison and the point of contact between the contractor and the residents. 1 ADDENDUM NO.3 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 M I AM I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q4: Can the City provide width and height clearances of the three bridges on the canal? A4: Please see the Madeline Villas Seawall Assessment by Kimley-Horn, dated May 21, 2019 for observed bridge clearances.Please note that the heights stated in the report were measured in the field and not elevations based on survey or tidal data. These results are summarized below: Bridge Approximate Date and Time of Clearance (ft) Measurement 85th St Bridge � `_9'-5" '` ',' 9 52 am (5/1812Q19) Pedestrian Bridge _ 9'-2" __ ;a 10:15 am (5/18/2019)1 77th Street Brid•e 4'-7'. .r 10:30 ani,°(5/18/2019)J Q5:Will the City provide employee parking on the street during construction? A5: Employee parking will not be provided by the City. A "Construction Parking and Traffic Management Plan"must be submitted as required by the CMB Building Department.The bidder is encouraged to arrange off-site parking for employees. Q6: Can the contractor maintain street side staging for materials and concrete deliveries? A6: Limited spaces, directly in front of the subject property, can be reserved on weekdays, during normal working hours.A Right of Way permit will be required. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective idders"questionnaire with the reason(s)for not submitting a proposal. i erely, ' -x Penis •ro, rement Director 2 ADDENDUM NO.3 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 M I AMI B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO. 2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT February 2, 2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Wednesday, February 10,2021. Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER:+1 786-636-1480 (2) Enter the MEETING NUMBER:364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED IN RESPONSE TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Si ce •ly, I I Alex D- is Proc,reme ' Director 1 ADDENDUM NO.2 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 M I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT January 15,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Thursday, February 4,2021. Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED IN RESPONSE TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. in,erely, ii Ale i-nis P i .rement Director 1 ADDENDUM NO.1 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955LI Ls-JIGS/AL 1 Detail by FEI/EIN Number DIVISION OF CORPORATIONS A. D1'/1 1J1`i Uf 5140x.org DP'P r LA: r1DA an official ataar of Florida website Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number/ Detail by FEI/EIN Number Florida Profit Corporation DAVID MANCINI&SONS, INC. Filing Information Document Number P10000086044 FEI/EIN Number 27-3716806 Date Filed 10/20/2010 Effective Date 10/20/2010 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/23/2015 Event Effective Date NONE Principal Address 2601 Wiles Road Pompano Beach, FL 33073 Changed:02/03/2020 Mailing Address 2601 WILES ROAD POMPANO BEACH, FL 33073 Changed: 05/15/2017 Registered Agent Name&Address MANCINI, DAVID A 2601 WILES ROAD POMPANO BEACH, FL 33073 Address Changed: 05/15/2017 Officer/Director Detail Name&Address Title P MANCINI, DAVID 1875 N HIBISCUS DRIVE Miami, FL 33181 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=273716806P1000... 1/2 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Detail by FEI/EIN Number Title SECR MANCINI , DAVID A,Jr. 1875 N.HIBISCUS DRIVE MIAMI, FL 33181 Title VP Mancini, David A,Jr. 1875 N HIBISCUS DRIVE Miami, FL 33181 Title VP MANCINI, RICHARD 2601 WILES ROAD POMPANO BEACH, FL 33073 Annual Reports Report Year Filed Date 2019 01/24/2019 2020 02/03/2020 2021 01/29/2021 • Document Images 01/29/2021--ANNUAL REPORT View image in PDF format 02/03/2020—ANNUAL REPORT View image in PDF format 01/24/2019--ANNUAL REPORT View image in PDF format 01/16/2018—ANNUAL REPORT View image in PDF format 05/15/2017—Reg.Agent Change View image in PDF format 02/02/2017—ANNUAL REPORT View image in PDF format 01/26/2016—ANNUAL REPORT View image in PDF format 10/15/2015—AMENDED ANNUAL REPORT View image in PDF format 03/23/2015—Amendment View image in PDF format 01/13/2015—ANNUAL REPORT View image in PDF format 09/30/2014--AMENDED ANNUAL REPORT View image in PDF format 01/17/2014--ANNUAL REPORT View image in PDF format 03/13/2013--ANNUAL REPORT View image in PDF format 02/24/2012--ANNUAL REPORT View image in PDF format 02/22/2011—ANNUAL REPORT View image in PDF format 10/20/2010—Domestic Profit View image in PDF format • Florida Department of State,Division of Corporations search.sun biz.org/Inquiry/CorporationSearch/SearchResultDetail?inq u i rytype=FeiNumber8d i rectionType=Initial&search NameOrder=273716806P1000... 2/2 Bid Snhmittal Onestionnaire- CONSTRTTCTTON 11.13.20 Page 1 of 9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 —BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2021-018-DF Madeleine Village Apartments Seawall Replacement BIDDERS NAME:David Mancini 8.Sons,Inc NO.OF YEARS IN BUSINESS:10 NO.OF YEARS IN BUSINESS LOCALLY:10 NO.OF EMPLOYEES:100 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS(HEADQUARTERS):2601 Wiles Road CITY:Pompano Beach STATE:Florida ZIP CODE:33073 TELEPHONE NO.:954-977-3556 TOLL FREE NO.: FAX NO.:954-944-2040 BIDDER LOCAL ADDRESS:3401 N.Miami Avenue,Suite 2131214 CITY:Miami STATE:Florida ZIP CODE:33127 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:David Mancini Jr ACCOUNT REP TELEPHONE NO.:754-264-9594 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:bids@dmsi.co FEDERAL TAX IDENTIFICATION NO.:27.3716806 By virtue of submitting a bid, bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto;b) to be bound, at a minimum,to any and all specifications,terms and conditions contained herein or Addenda; c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal C)nectinnnaire - CONSTRT JCTTON 11.13.20 Page 2 of 9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 Name of Bidder's Authorized Representative: Title of Bidder's Authorized David Mancini Jr. Representative: Vice-President&Secretary fi l e:///C:/Users/purcflod/DownloadsBid_Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal fuestionnaire - (1)NSTRTTCTTON 11.13.20 Page 3 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements.The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt DM Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. SECTION 3—QUESTIONNAIRE 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage DirectorshiplOfficetype David Mancini 60 President David Mancini Jr 20 Vice-President&Secretary Richard Mancini 20 Vice-President 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2021-018-DF Project Title Madeleine Village Apartments Seawall Replacement Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Eugene Egemba, P.E.,Civil Engineer III Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Telephone: 305-673-7000 Ext 6738 Contact's Email: EugeneEgemba@miamibeachfl.gov Narrative on Scope of Services Provided: Crespi Blvd Project consist of a WM replacement, new Storm water System,and the Construction of a new seawall and the installation of outfall. file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal nuestionnaire- CONSTRI ICTION 11.13.20 Page 4 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Reference No.2 Firm Name: City of Miami Beach Contact Individual Name and Title: Giancarlo Pena, P.E., CGC.Civil Engineer III Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Telephone:305-673-7000 Ext 6343 Contact's Email: GiancarloPena@miamibeachfl.gov Narrative on Scope of Services Provided: MBCC Pump Station consisted in the construction of a storm water system and a Pump Station. Included 175ft of new seawall,and the installation of manatee grates. Reference No.3 Firm Name: City of Miami Contact Individual Name and Title:Valentine Onuigboh,CIP Sr.Project Manager Address:444 SW 2nd Avenue, Miami, FL 33130 Telephone: 786-477-9817 Contact's Email:vonuigbo@miamigov.com Narrative on Scope of Services Provided: Spring Garden Point Park Seawall & Kayak consisted of a bulkhead replacement of approximately 360 LF along Seybold canal and along Miami River. A portion of the revetment adjacent to the kayak ramp was graded and secured with Filter Fabric and RipRap between the installation of the Steel piles seawall. Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? ❑ YES NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? YES 0 NO If yes,why? file:///C"Us ers/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Bid Siihmittal C)nestinnnaire - CONSTRTTCTTON 11.13.20 Page 5 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 5. Is the applicant company currently barred by a governmental agency, from bidding work as a prime or subcontractor? ▪ YES ® NO If yes,state debarment period and the reason(s)for debarment? 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company,within the last five(5)years? ▪ YES © NO If yes,why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)years? YES 0 NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? ❑ YES 0 NO If yes,state the name of the affiliate? 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? El YES 0 NO If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? E l YES ® NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Period of Type of affiliation(e.g. Individual's name Affiliated company's name affiliation officer,director,owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years? ▪ YES © NO file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire=_CONSTRUCTION_... 2/17/2021 Bid Submittal Ouestinnnaire- CONSTRUCTION 11.13.20 Page 6 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? ❑ YES NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. 13.Has any owner,director,officer,or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? YES 0 NO If yes,explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5) years,whether the project was publicly or privately owned? ▪ YES ❑� NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director,officer,or agent for the company that is related to construction activities of a business organization? • YES NO If yes,explain. 16. Has the applicant company or any of its owners, officers, or partners ever been convicted (criminal)or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? • YES 0 NO If yes,explain. 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? YES © NO If yes,explain. 18.Is any officer,director,employee or agent,or immediate family member(spouse,parent,sibling,and child)of any officer,director,employee or agent,an employee of the City of Miami Beach? ❑ YES © NO If yes,state name,title and share of ownership Name Title Share(%)of Ownership file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION ... 2/17/2021 Rid Submittal fuestionnaire- CONSTRTICTTON 11.13.20 Page 7 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 19. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? El YES 0 NO If yes,list name(first and last name)of individuals,occupation,amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 8 9 20. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? • YES NO 21. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise (certified by the United States Department of Veterans Affairs). ❑ YES © NO Certifying Agency Certification Type 22. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide "Equal Benefits" to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? YES El NO file:///C:/Users/purcflodlDownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal C)uestionnaire- CONST1 T TCTTON 11.13.20 Page 8 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other"section any additional benefits not alre specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereaven leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Firm Provides for Firm Provides for Firm does not Provide BENEFIT Employees with Spouses Employees with Domestic Benefit Partners Health X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES 0 NO If yes,explain. 24. Financial Capacity.When requested by the City, each bidder shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the City.No proposal will be considered without receipt,by the City,of the SQR directly from Dun&Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at: https://suppl ierportal.dnb.com/webapp/wcs/storeslservlet/Su pplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION ... 2/17/2021 Rid Submittal fnestionnaire - ('C)NSTRTJCTTON 11.13.20 Page 9 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized David Mancini Jr. Representative: Vice-President&Secretary 25.Suspension And Debarment Certification The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R. pt. 3000.As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R.§180.940)or disqualified(defined at 2 C.F.R.§180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,subpart C,in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized David Mancini Jr. Representative: Vice-President&Secretary file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal fuestionnaire-CONSTRTTCTTON 11.13.20 Page 1 of 9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 —BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2021-018-DF Madeleine Village Apartments Seawall Replacement BIDDERS NAME:David Mancini 8,Sons,Inc NO.OF YEARS IN BUSINESS:10 NO.OF YEARS IN BUSINESS LOCALLY:10 NO.OF EMPLOYEES:100 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS(HEADQUARTERS):2601 Wiles Road CITY:Pompano Beach STATE:Florida ZIP CODE:33073 TELEPHONE NO.:954-977-3556 TOLL FREE NO.: FAX NO.:954944.2040 BIDDER LOCAL ADDRESS:3401 N.Miami Avenue,Suite 2131214 CITY:Miami STATE:Florida ZIP CODE:33127 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:David Mancini Jr ACCOUNT REP TELEPHONE NO.:754-264-9594 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:bidsldmsi.co FEDERAL TAX IDENTIFICATION NO.:274716806 By virtue of submitting a bid, bidder agrees: a)to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto;b) to be bound, at a minimum,to any and all specifications, terms and conditions contained herein or Addenda; c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal fnestinnnaire - CONSTRTJCTTON 11.13.20 Page 2 of 9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 Name of Bidder's Authorized Representative: Title of Bidder's Authorized David Mancini Jr. Representative: Vice-President&Secretary • file:///C:/Users/purcflod/DownloadsBidSubmittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal Ouestionnaire - CONSTRTJCTTON 11.13.20 Page 3 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements.The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt DM Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. SECTION 3—QUESTIONNAIRE 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type David Mancini 60 President David Mancini Jr 20 Vice-President&Secretary Richard Mancini 20 Vice-President 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2021-018-DF • Project Title Madeleine Village Apartments Seawall Replacement Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Eugene Egemba, P.E.,Civil Engineer III Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Telephone: 305-673-7000 Ext 6738 Contact's Email: EugeneEgemba@miamibeachfl.gov • Narrative on Scope of Services Provided: Crespi Blvd Project consist of a WM replacement,new Storm water System,and the Construction of a new seawall and the installation of outfall. file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal fuestionnaire - CONSTRT TCTTON 11.13.20 Page 4 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Reference No.2 Firm Name: City of Miami Beach Contact Individual Name and Title: Giancarlo Pena, P.E., CGC.Civil Engineer III Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Telephone: 305-673-7000 Ext 6343 Contact's Email: GiancarloPena@miamibeachfl.gov Narrative on Scope of Services Provided: MBCC Pump Station consisted in the construction of a storm water system and a Pump Station. Included 175ft of new seawall,and the installation of manatee grates. Reference No.3 Firm Name: City of Miami Contact Individual Name and Title:Valentine Onuigboh,CIP Sr. Project Manager Address:444 SW 2nd Avenue, Miami, FL 33130 Telephone: 786-477-9817 Contact's Email:vonuigbo@miamigov.com Narrative on Scope of Services Provided: Spring Garden Point Park Seawall & Kayak consisted of a bulkhead replacement of approximately 360 LF along Seybold canal and along Miami River. A portion of the revetment adjacent to the kayak ramp was graded and secured with Filter Fabric and RipRap between the installation of the Steel piles seawall. Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? ❑ YES © NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? ❑ YES 0 NO If yes,why? fi le:///C:/Users/purcfl od/DownloadsBid_Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal fnestionnaire- CONSTRTJCTTON 11.13.20 Page 5 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 5. Is the applicant company currently barred by a governmental agency, from bidding work as a prime or subcontractor? YES © NO If yes,state debarment period and the reason(s)for debarment? 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company,within the last five(5)years? YES NO If yes,why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five(5)years? • YES 0 NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? ❑ YES 0 NO If yes,state the name of the affiliate? 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? ❑ YES I] NO If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? • YES NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Period of Type of affiliation(e.g. Individual's name Affiliated company's name affiliation officer,director,owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years? • YES © NO file:///C:/Users/purcflod/DownloadsBid_Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal Chuestinnnaire-CONSTRITC..TTON 11.13.20 Page 6 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? E YES © NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. 13.Has any owner,director,officer,or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? • YES 0 NO If yes,explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5) years,whether the project was publicly or privately owned? O YES © NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director,officer,or agent for the company that is related to construction activities of a business organization? YES NO If yes,explain. 16.Has the applicant company or any of its owners, officers, or partners ever been convicted (criminal)or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? ❑ YES 0 NO If yes,explain. 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? ❑ YES © NO If yes,explain. 18.Is any officer,director,employee or agent,or immediate family member(spouse,parent,sibling,and child)of any officer,director,employee or agent,an employee of the City of Miami Beach? YES 0 NO If yes,state name,title and share of ownership Name Title Share(%)of Ownership file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal Ouestionnaire- CONSTR.TCTTON 11.13.20 Page 7 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 19. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly,of a candidate who has been'elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES NO If yes,list name(first and last name)of individuals,occupation,amount and date: First and Last Name Contributor Occupation Amount Date of • Contribution 1 2 3 4 5 6 7 8 9 20. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting,divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? © YES 0 NO 21. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise (certified by the United States Department of Veterans Affairs). YES © NO Certifying Agency Certification Type 22. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide "Equal Benefits" to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO file:///C:/Users/purcflod/DownloadsBid Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal Onestinnnaire - C,ONSTRT JCTTON 11.13.20 Page 8 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not alre specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereaven leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Firm Provides for Firm Provides for Firm does not Provide BENEFIT Employees with Spouses Employees with Domestic Benefit Partners Health X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES 0 NO If yes,explain. 24. Financial Capacity.When requested by the City, each bidder shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the City.No proposal will be considered without receipt,by the City,of the SQR directly from Dun&Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at: http_s:ll su ppli erportal.do b.com/webapp/wcslstoreslservlet/Su pplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of file:///C:/Users/purcflod/DownloadsBid_Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 Rid Submittal C)nestinnnaire - CC)NSTRIJCTTON 11.13.20 Page 9 of 9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized David Mancini Jr. Representative: Vice-President&Secretary 25.Suspension And Debarment Certification The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R. pt. 3000.As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R.§180.940)or disqualified(defined at 2 C.F.R.§180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,subpart C,in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized David Mancini Jr. Representative: Vice-President&Secretary file:///C:/Users/purcflod/DownloadsBid_Submittal_Questionnaire_-_CONSTRUCTION_... 2/17/2021 DocuSign Envelope ID: iwommeore... BIDDER: )MS-; DAVID MANCINI SONS, INC. 3401 N. Miami Avenue, Suite 213 / 214 Miami, Florida 33127 BID FOR: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 BID NAME: Madeleine Village Apartments Seawall Replacement BID No. /Project No.: 2021-018-DF DUE DATE & TIME: Thursday, February 11, 2021 at 3:00 PM BID OPENING LOCATION & TIME: Thursday, February 11, 2021 at 3:00 PM Via Conference Call Only (1)Dial the Telephone Number: +1 786-636-1480 (2)Enter the Meeting Number: 364 040 917# David Mancini&Sons,Inc.•General Contractor and Underground Utility&Excavation Contractor•Phone:(954)977-3556•Fax:(954)944-2040 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 TABLE OF CONTENTS TAB A BID SUBMITTAL QUESTIONNAIRE ADDENDA NO.01 ADDENDA NO.02 ADDENDA NO.03 TAB B MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS TAB C BID PRICE FORM BID BOND-EXECUTED TAB D SCHEDULE OF VALUE FORM PRE-AWARD FORMS DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 DPX Form Supplier Response Form BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 -BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2021-018-DF Madeleine Village Apartments Seawall Replacement SIEMERS NAME David Mancini&Sons,Inc NO,OF YEARS IN BUSINESS: 10 NO,OF YEARS IN BUSINESS IOCALLY: NO.OF EMPLOYEES: 100 10 OTHER NAMES)BIDDER HAS OPERATED UNDER IN THE LAST IS YEARS. BIDDER PRIMARY ADDRESS(HEADOUARTERS) 2601 Wiles Road CITY: Pompano Beach STATE: Florida ZIP CODE: 33073 TELEPHONE NO: 954-977-3556 TOLL FREE NO: FAX NO: 954-944-2040 BIDDER LOCAL ADDRESS: 3401 N.Miami Avenue,Suite 213/214 crrY: Miami STATE: Florida ZIP cope 33127 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT David Mancini Jr ACCOUNT REP TELEPHONE NO: 754-264-9594 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: bids@dmsi.co FEDERAL TAX IDENTIFICATION NO: 27-3716806 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,indusive of this solicitation,all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto;b)to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the bid pertains;and I)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that slhe:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. =Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: David Mancini J Vice-President&Secretary https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_:_CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 1/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form LI I ILUL 1 • SECTION 2-ACKNOWLEDGEMENT OF ADDENDUM • After issuance of solicitation,the City may release one or more addendum to the solicitation,which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to -Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt DM Addendum 1 Addendum:6 Addendum 11 DM Addendum 2 Addendum 7 Addendum 12 D M Addendum 3 Addendum'8 Addendum 13 Addendum 4 - Addendum 9 Addendum 14 Addendum 5 • Addendum 10 Addendum 15 SECTION 3— s I •1 • 1.Provide the names of each owner(stockholder, sole proprietor,and partner),director, or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type 60 David Mancini President 20 David Mancini Jr Vice-President&Secretary 20 Richard Mancini Vice-President 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2021-018-DF Project Title Madeleine Village Apartments Seawall Replacement Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Eugene Egemba,P.E.,Civil Engineer III Address: 1700 Convention Center Drive,Miami Beach,FL 33139 Telephone: 305-673-7000 Ext 67 Contact's Email: EugeneEgemba©miamibeachfLgov Narrative on Scope of Services Provided: Crespi Blvd Project consist of a WM replacement, new Storm water System, and the Construction of a new seawall and the installation of outfall. https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_ CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 2/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 GI uLUL I DPX Form Reference No.2 Firm Name: City of Miami Beach Contact Individual Name and Title: Giancarlo Pena,P.E.,CGC.Civil Engineer III Address: 1700 Convention Center Drive,Miami Beach,FL 33139 Telephone: 305-673-7000 Ext 63 Contact's Email: GiancarloPena@miamibeachf.gov Narrative on Scope of Services Provided: MBCC Pump Station consisted in the construction of a storm water system and a Pump Station. Included 175ft of new seawall, and the installation of manatee grates. Reference No.3 Firm Name: City of Miami Contact Individual Name and Title: Valentine Onuigboh,CIP Sr.Project Manager Address: 444 SW 2nd Avenue,Miami,FL 33130 Telephone: 786-477-9817 Contact's Email: vonuigbo@miamigov.com Narrative on Scope of Services Provided: Spring Garden Point Park Seawall & Kayak consisted of a bulkhead replacement of approximately 360 LF along Seybold canal and along Miami River. A portion of the revetment adjacent to the kayak ramp was Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES is NO If yes,why? 4. Have any owners,directors, officers,or agents of the applicant company had a license revoked during the last five(5)years? O YES ® NO If yes,why? https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire__CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 3/9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form 5.Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? YES I o NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed,or paid ffoor complESon,of a protect on behalf of the applicant company,within the last five(5)years? NO If yes,why? Y 7. Has the applicant company or any of its owners; directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the:Iasi five5,years? YES NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? O YES l NO If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary,or holding company for another construction company? • O YES 0 NO If the answer is"yes'identify the company and type of rielaffimsh1p(s).below: • Company Type of affiliation(parent or subsidiary) Period of affiliation • _ _ I 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? YES 0 NO If the answer is"yes,"•provide the(otfowing information for each individual and the affiliated coiilpany. Period of Type of affiliation(e.g. Individual's name Affiliated company's nine affiliation officer,director,owner or employee) https://www.bidsync.com/DPXViewer/Bid_Submittal Questionnaire -_CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 4/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 DPX Form _ � 11.1s the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five(5)years? O 'YES NO If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to);the original petition,including the case number and the date that the } petition was filed; a copy of the bankruptcy court's discharge order,and any other document that ended the case, if no discharge order was issued. 12.Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer,or agent filed for or been discharged in bankruptcy within the past five(5) years? YES NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. • 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five (5) years? O YES NO If yes,explain. 14.Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or privately owned? YES 0 NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to construction activities of a business organization? YES NO If yes,explain. 16.Has the applicant company or any of its owners,officers,or partners ever been convicted(criminal)or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? YES ® NO If yes,explain. 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? YES n—I NO https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_=CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 5/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form • IE] � Io • If yes,explain. 18.Is any officer,director,employee or agent,or immediate family member(spouse,parent,sibling,and child)of any officer,director,employee or agent,an employee of the City of Miami Beach? IE YES 0 NO If yes,state name,title and share of owneishi Name Title Share(%)of Ownership 19.Has the applicant,or any officer,director,employee or agent,contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES NO If es,list name first and last name)of individuals,ocw..ton,amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 8 9 20.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined In Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? ri YES D NO 21.Is the applicant a small business concern owned and controlled by a veteran(s)(certified by the State of Florida Department of Management Services or a service- disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). O YES NO Certifying Agency Certification Type • 22.Equal Benefits for Employees with Spouses and Employees with Domestic Partners.Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than$100,000 to provide"Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? • YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? O YES NO https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire= CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 6/9 DocuSign�Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form C. Please check all benefits that apply to your answers above and list in the'other"section any additional benefits not already specified.Note:some benefits are provided to employees be they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Firm Provides for Employees Firm Provides for Employees BENEFIT with Spouses with Domestic Partners Firm does not Provide Benefit Health , x . x Sick Leave x x Family Medical Leave x x • Bereavement Leave x x ( 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? D YES in NO ba If yes,explain. 24.Financial Capacity.When requested by the City,each bidder shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the City.No proposal wit be considered without receipt,by the City,of the SQR directly from Dun&Bradstreet The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B al: taps://sigig pii l.dnb.cemfwebapptvtcs/storeslservlet/SgpplferPortal?storeid=11696: Bidders are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. At time of request,bidder shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies.to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disdosure,if any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: David Mancini Jr. - Vice-President&Secretary • 25.Suspension And Debarment Certification The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the Contractor,its principals(defined at 2 C.F.R.§ 180.995),or its affiliates(defined at 2 C.F.R.§180.905)are excluded(defined at 2 C.F.R.§180.940)or disqualified(defined at 2 C.F.R.§180.935). (2)The Contractor must comply with 2 C.F.R.pt.180.subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C, in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification, I'Name of Bidders Authorized'Representative: I Title of Bidder's Authorized Representative: https://www.bidsync.com/DPXViewer/BidSubmittal_Questionnaire_ CONSTRUCTION_11.13.20 8674272.htm?ac=supresponse&auc=2066932&do... 7/9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 DPX Form David Man - Vice-President&Secretary https://www.bidsync.com/DPXViewer/Bid_Submittal Questionnaire__CONSTRUCTION_11.13.20 8674272.htm?ac=supresponse&auc=2066932&do... 8/9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 u ucuc i DPX Form Please enter your password below and click Save to update your response. Please be aware that typing in your password acts as your electronic signature,which is just as legal and binding as an original signature.(See 1%c:ronic Sigjmtunw in Glohal and National Conmmrcc Act for more information.) To take exception: 1)Click Take Exception. 2)Create a Word document detailing your exceptions. 3)Upload exceptions as an attachment to your offer on BidSync's system. By completing this form,your bid has not yet been submitted. Please click on the place offer button to finish filling out your bid. Usemame amejla@dmsi.co Password Take Exception �jguse *Required fields https://www.bidsync.com/DPXViewer/Bid Submittal_Questionnaire_ CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 9/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 PROCUREMENT'DEPARTMENT M I AM I BEAC"H1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT January 15, 2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on OTih ru sday lEeb a aty10202;1 Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED IN RESPONSE TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFiores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. ih•erely, • iee Ale. I-nis P • gement Director 1 ADDENDUM N0.1 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,r Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO.2021-018-OF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT February 2,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on �We nesda""�ly, F.ebrua �1.Ot 0 9 Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED IN RESPONSE TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. • Si ce -ly, Alex D'•nis Proc,reme Director .1 ¢ ADDENDUM NO.2 . INVITATION TO BID NO.2021-018-DF t MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 PROCUREMENT DEPARTMENT MIAMIBEACH 1755 Meridian Avenue,3^d Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT February 4,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 p.m.,on Thursday, Febru�"'aryi<1ilff202,1 Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. RESPONSES TO QUESTIONS RECEIVED: Q1: Please confirm if City plans to relocate residents during pile driving activities due to risk associated with suspended loads over an inhabited structure and excessive noise due to impact pile driving? Al: No. The City will not relocate residents during construction. Refer to response A2 below for noise level requirements. Q2:Will the City require noise monitoring.What limits and duration will be allowable? A2: Noise levels must be monitored for compliance to OSHA Standard 1926.52. The City will require noise monitoring on the property where construction is taking place, as well as the adjacent properties located on either side of the construction limits.The noise monitoring will take place during all construction related activities while the temporary noise permit is active. Per the Code of the City of Miami Beach, Florida Subpart A,Chapter 46,Article IV,Section 46- 156, the contractor will be able to apply for a temporary construction permit, which grants temporary exempt from noise that violates Section 46-152. In accordance with section 46-156, all residents shall receive adequate notice of expected increased noise levels, which should not proceed for longer than three consecutive days. Q3: Can the City provide owner's contact info for the potential canal side staging properties for contractors to request permission to use? A3: The City cannot provide any property owner's contact information. They City will act as liaison and the point of contact between the contractor and the residents. I ADDENDUM NO.3 INVITATION TO BID NO.2021-018-DF I MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 M I A! V 1 I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 i www.miamibeachfl.gov Q4:Can the City provide width and height clearances of the three bridges on the canal? A4: Please see the Madeline Villas Seawall Assessment by Kimley-Horn, dated May 21, 2019 for observed bridge clearances.Please note that the heights stated in the report were measured in the field and not elevations based on survey or tidal data. These results are summarized below: Bridge Approximate Date and Time of Clearance (ft) Measurement _ 85th St Bridge F 9' 5"_. ._ .1 .F_ ( ] 9:52 am ,5/18/2019) Pedestrian Bridge 9'-2" 10:15 am(5/18/2019) 77th Street Brid•e _ 10:3( am.(5/18/2119) Q5:Will the City provide employee parking on the street during construction? A5: Employee parking will not be provided by the City. A "Construction Parking and Traffic Management Plan"must be submitted as required by the CMB Building Department.The bidder is encouraged to arrange off-site parking for employees. Q6:Can the contractor maintain street side staging for materials and concrete deliveries? A6: Limited spaces, directly in front of the subject property, can be reserved on weekdays, during normal working hours.A Right of Way permit will be required. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at I RafaelGranado@miamibeachfl.gov • Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective iddeers"questionnaire with the reason(s)for not submitting a proposal. i terely, x enis ro rement Director 2 ADDENDUM NO.3 INVITATION TO BID NO.2021.018-OF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 State of Florida Department of State I certify from the records of this office that DAVID MANCINI & SONS, INC. is a corporation organized under the laws of the State of Florida, filed on October 20, 2010, effective October 20, 2010. The document number of this corporation is P10000086044. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on January 29, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-ninth day of January, 2021 11-yT iiii I ; 1:;:-S':I Icit7,17-M. ; i°,114/1411W i '1 :. Secretary of State Tracking Number:3342167917CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Detail by Entity Name D.VISION OF CORPOR'TIONS rr�Svatopf gf / ! .org ,l�i..Je •r-Ji),��f�r�Jt1�j tan„filth,/stare of Florida svebiite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation DAVID MANCINI &SONS, INC. Filing Information Document Number P10000086044 FEI/EIN Number 27-3716806 Date Filed 10/20/2010 Effective Date 10/20/2010 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/23/2015 Event Effective Date NONE Principal Address 2601 Wiles Road Pompano Beach, FL 33073 Changed: 02/03/2020 Mailing Address 2601 WILES ROAD POMPANO BEACH, FL 33073 Changed: 05/15/2017 Registered Agent Name&Address MANCINI, DAVID A 2601 WILES ROAD POMPANO BEACH, FL 33073 Address Changed: 05/15/2017 Officer/Director Detail Name&Address Title P MANCINI, DAVID 1875 N HIBISCUS DRIVE Miami, FL 33181 search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=DAVI DMANCINI... 1/2 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955II L‘I LSI Detail by Entity Name Title SECR MANCINI , DAVID A,Jr. 1875 N. HIBISCUS DRIVE MIAMI, FL 33181 Title VP Mancini, David A,Jr. 1875 N HIBISCUS DRIVE Miami, FL 33181 Title VP MANCINI, RICHARD 2601 WILES ROAD POMPANO BEACH, FL 33073 Annual Reports Report Year Filed Date 2018 01/16/2018 2019 01/24/2019 2020 02/03/2020 Document Images 02/03/2020—ANNUAL REPORT View image in PDF format 01/24/2019—ANNUAL REPORT View image in PDF format 01/16/2018—ANNUAL REPORT View image in PDF format 05/15/2017—Reg.Agent Change View image in PDF format 02/02/2017—ANNUAL REPORT View image in PDF format 01/26/2016—ANNUAL REPORT View image in PDF format 10/15/2015--AMENDED ANNUAL REPORT View image in PDF format 03/23/2015--Amendment View image in PDF format 01/13/2015--ANNUAL REPORT View image in PDF format 09/30/2014—AMENDED ANNUAL REPORT View image in PDF format 01/17/2014—ANNUAL REPORT View image in PDF format 03/13/2013—ANNUAL REPORT View image in PDF format 02/24/2012--ANNUAL REPORT View image in PDF format 02/22/2011—ANNUAL REPORT View image in PDF format 10/20/2010--Domestic Profit View image in PDF format Florida Department of Store,Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=DAVI DMANCINI... 2/2 -DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 --- - -- --I •X01 Ron DeSantis,Governor Halsey Beshears,Secretary r Florida11 w, t STATE OF FLORIDA , : . .._.. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY,LICENSING BOARD it 1, THE UNDERGROUND UTILITY . �° -d r = - &�,EXCAUATION�CO H:ERE;I�N IS CERTIFIED UNDER.THE. PROVISIO r S OF CI�APTER'489, "FLORIDA STATUTES z-, f'49 -. �' Viit _ s 174 y"r 2r cif M r 1,�,.��i-"r, �� c was i tV! 3 "'i P; aJ �` ° i( „_$ Y,`°:1�IA I, �CI N I D�Aa/ D A ` .--- 'Viii' f , , - t'-73\i'IDA"SID M'ANCEN'I &S,O�NS4N,C -- . S�yF. "� 6 P -.DiIF Iif " Il�C c a.' �a�2.. `�t fi+P`.}, r �j`t< ,.� 2 i01 N7ILgSJROAD : PO�MPAN,O SEA"CK ~ , , FL 3�3�073 ' 3 if a .�,v. it 7� drp"" LICENSE NUNo't 114 MBER°CUC044220 EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com ID ,. .::'J � ? 91 Do not alter this document in any form. , ` _% ';o` This is your license. It is unlawful for anyone other than the licensee to use this'document. . —DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 - - - '= Ron DeSantis,Governor Halsey Beshears,Secretary FI rida r...,,,r,, . ,i, ..._, STATE OF FLORIDA ' , i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION I:NDU RY LICENSING BOARD THE GENERAL CONTRAG'®Rs Rlirlic'EI: AS C RiV ED UNDER THE - „r,,,,,,,,,:,,:= ,. PROVISIO SOF =HAWF-ER 8 FL Rd'DA TATUTES ,� �.' it f l It �' _ .114 4 s EEE}17 1VP”A 4.: `CIS R�'A• � alf �K 4 'I: AN/ n MI ICI I& 40 s, FNG- ` • grit 4 ‘11101", 1224 N T1J`K Y DOA i; ' '�� i'LRGR`E•�;.N � �, 8043• �"� • 'IN, 4lair. ..—.1:r--=. ... ti f I. , I f ION T G'CrS(0MS008 LICENS 'U.MB.C.R. � �� EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com. ; , ❑ ;a ' : ❑ , ` . ,.� • i #..4r• Do not alter this document in any form. ':tip =srt lr ' ❑ T^ 'o�,*. This is your license. It is unlawful for anyone other than the licensee to use this document. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 FDOT . Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAULT;P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY June 1, 2020 DAVID MANCINI & SONS, INC. 2601 WILES ROAD POMPANO BEACH, FLORIDA 33073 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due 4/30/2021. In accordance with S.337.14 (1) E.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, MINOR BRIDGES, ASPHALT RESTORATION, DIRECTIONAL DRILLING, PUMPS STATIONS, UNDERGROUND UTILITY (WATER & SEWER) . You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.) , by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. �(f Sincerely, 1 Alan Autry, Manager Contracts Administration Office AA:cg www.fdot.gov DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Local Business Tax Receipt LBT Miami—Dade County, State of Florida -THIS IS NOT A BILL-DO NOT PAY 7287651 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7576284 EXPIRES DAVID MANCINI&SONS INC SEPTEMBER 30, 2021 3401 N MIAMI AVE#213 MIAMI, FL 33127 Must be displayed at place of business F&.A_C. Pursuant to County Code t?';i:y' Chapter 8A-Art.9&10 AO.1 ❑� frit OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED DAVID MANCINI&SONS INC 196 GENERAL BUILDING BY TAX COLLECTOR C/O MANCINI DAVID PRES CONTRACTOR 45.00 09/15/2020 Worker(s) 7 CGC1506008 ECHECK-20-244821 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles-Miami-Dade Code Sec 8a-276. MI®D For more information,visit www.miamidade.gov/taxcollector DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Local Business Tax Receipt LB1- Miami—Dade County, State of Florida -THIS IS NOT A BILL-DO NOT PAY 6748702 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7437899 EXPIRES DAVID MANCINI&SONS INC SEPTEMBER 30, 2021 3401 N MIAMI AVE STE 213/214 MIAMI, FL 33127 Must be displayed at place of business 1:1.•.4111:1 !1 �.0 Pursuant to County Code ' r; Chapter 8A-Art.9&10 OWNER SEC.TYPE OF BUSINESS DAVID MANCINI&SONS INC PAYMENT RECEIVED 196 SPECIALTY BY TAX COLLECTOR C/O DAVID MANCINI PRES ENGINEERING NTRACT 240.00 09/15/2020 Worker(s) 75 CUC0442 ECHECK-20-244821 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles-Miami-Dade Code Sec Ba-276. MIAMFD For mare information,visit www.miamidadegov/taxcollector DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416- 1918. Favor de tomar nota que este Recibo de Impuesto para Negocio se vence el 30 de Septiembre de alio indicado. Asegurar la renovation para el 1ro de Octubre es la responsabilidad del negocio. Para mas information puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis Ia. Se responsablite dirijan Biznis sa pou II renouvle-I Pwemie Oktob kap vini. Si ou bezwen plis enfomasiyon sou zafe sa , pa bliye rele nan (305)416-1570 ou byen (305)416-1918. (�,�,{ s POST THIS DOCUMENT IN A CONSPICUOUS PLACE. THIS IS NOT A BILL �YLi f- ra i ---NOT TRANSFERRABLE-OR VALID--ATANOTHER-ADDRESS UNLESS APPROVED BY THE FINANCE DEPARTMENT, DO NOT PAY 01 CITY OF MIAMI 444 S:W.2 AVE 6TM FLOOR, MIAMI, FL 33130, PHONE(305)416-1918. Effective Year Oct.1 2020 Thru Sep:,30 2021. RECEIPT FOR DAVID MANCINI AND SONS, INC'. This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the TOTAL FEE,PAID 131.Ot1 City nor does it exempt the holder from arty kerma ISSUED' Oct 01,2020 Cr permits that maybe required by law. This document does not constitute a certification that the holder is qualified to engage in the business,profession or occupation specifiedherein. The document'Indicates payment of the business tax receipt only_ ACCOUNT NUMBER 149106 RECEIPT NUMBER 178081 NAME OF BUSINESS DAVID MANCINI AND SONS,INC. DBA LOCATION 3401 N MIAMI AV'213 IS HEREBY IN COMPLIANCE' TO ENGAGE IN OR MANAGE THE OPERATION OF: ADMINISTRATIVE OFFICE Adele Valencia Code-Compliance Director DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 'DmsI DAVID MANCINI & SONS, INC February 4, 2021 RE: Financial Statement To Whom It May Concern: We at David Mancini & Sons, Inc. would like to thank you for the opportunity to serve the the City of Miami Beach; however, our financial statement is proprietary and confidential and therefore,we do not wish it be made public. Our financial records are available for your appropriate staff to review at our accounting office in Pompano Beach, FL. Please advise us 48 hours in advance. If you have any questions regarding our financial information, please feel free to contact our Controller, Kimberley Weldon at(954) 977-3556. Sinter Ei'a' d gancini, President David Mancini &Sons, Inc. David Mancini&Sons,Inc.•General Contractor and Underground Utility&Excavation Contractor•Phone:(954)977-3556•Fax:(954)944-204 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 TRAVELERS Christopher J.Ashley Senior Account Underwriter Bond&Specialty Insurance 1441 W.Long Lake Road,Suite 300 Troy,MI 48098 248.312.7953 866.216.5992(fax) cashley@travelers.com February 01,2021 Re: Bonding Capability Letter To Whom It May Concern: We are pleased to share with you our experience as surety for David Mancini& Sons, Inc. We consider David Mancini & Sons,Inc. one of our outstanding and most valued clients in whom we have the highest confidence. Through the years this company has, in our opinion,remained properly financed,well equipped and capably managed. Travelers Casualty and Surety Company of America ("Travelers")1 is prepared to give favorable consideration to the execution of contract performance and payment bonds running to the Owner, in association with the above captioned project. David Mancini & Sons, Inc. currently has a$35,000,000 single/$75,000,000 aggregate work program. Please note that the decision to issue performance and payment bonds is a matter between David Mancini & Sons, Inc. and Travelers, and will be subject to our standard underwriting at the time of the final bond request,which will include but not be limited to the acceptability of the contract documents, bond forms and financing. We assume no liability to third parties or to you if for any reason we do not execute said bonds. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Christopheed.Ashley Travelers is an A++ (Superior) A.M. Best rated insurance company (Financial Size Category XV ($2 billion or more)). DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 1 EQUIPMENT TYPE Description Make Model Year Serial Number 7 AIR COMPRESSOR AC185A AIR COMPRESSOR SULLAIR 185DPQCAT 2011 201101040026 SN AC200B AIR COMPRESSOR SULLAIR 200HDPQCAT 2016 201608240035 AC200C AIR COMPRESSOR SULLAIR 200HDPQCAT 2016 201608220006 AC375A AIR COMPRESSOR SULLAIR 375HDP 2019 201812180018 MAIRC6 AIR COMPRESSOR SULLAIR 210HDPQ-C 2006 200607280058 MDIVE2 DIVE COMPRESOR BROWNIES CTD390B 2012 MDIVE3 DIVE COMPRESSOR BROWNIE'S CTD390X 2016 21290 12 ATTACHMENTS MC4C PLATE COMPACTOR ATTCHMENT NPK C4C 2017 2N1372 MH55D2 HAMMER CATERPILLAR H55DS_304_5CR 2012 SC272A 272 SWEEPER ATTACHMENT SMITH CHALLE SCM200 2018 SC272B 272 SWEEPER ATTACHMENT SMITH CHALLE SCM 200 2018 BR-12-18-36 B50DX1A B50DX1 BREAKER w/ BRACKET JOHN DEERE HP-750 2006 M262BA1 CAT BA18HYD 262C ATTACHME CATERPILLAR BA18HYD 2011 AZN03251 B135EX37 B135 EX37 ROCK DRILL RIG B365BLPH B365BL PIPE HOOK KENCO PH30000 2007 B365BLQC B365BL ATTACHMENT BTP10033 B47000UP QUICK DISCONNECT FOR 470 PALADIN JRB POWERLATCH 2015 AKRPLR92NTX30084 MTTRENCH MT 30-50" TRENCH PAVER TILTROTA TILTROTATOR PACKAGE ENGCON EC206 2019 ECO29618 3 BROOM TRACTOR SJD520 BROOM TRACTOR JOHN DEERE 5200 1995 LV5200E420555 BT2615B BROOM TRACTOR MASSEY FERG MF2615 2013 FY814062 BT2660A BROOM TRACTOR MASSEY FERG MF2660 2013 BX15020 16 BUCKET B50DX1B BUCKET - 50D CLEANOUT DIT JOHN DEERE ASI 4' BUCKET 2006 B245G24B BUCKET - 24" JD 245G JOHN DEERE 24" ESCO XDP 2017 RH120919 B245G36B BUCKET - 36" JD 245G JOHN DEERE ESCO XDP 36" 2017 RH120908 B305E12A BUCKET - 12" f CAT 305_5E WERK BRAU BKT304_5CCR_12W 2012 183151-1-4 B305E24A BUCKET - 24" f CAT 305_5E CATERPILLAR BKT304_5CCR_24 B305E40A BUCKET - 40" f CAT 305 5E CATERPILLAR BKT304_5CCR_4OD 2012 B328D24A BUCKET - 24" f CAT 328D CATERPILLAR 328E 2013 3460877 or 3460882 B328D48A BUCKET - 48" f CAT 328D CATERPILLAR 48" BUCKET 2013 NBC08244 BB135G24 BUCKET - 24" C&P JD 135 C&P 24" SDR .571 BB245G24 BUCKET - 24" JD 245 JOHN DEERE 24" BUCKET 2016 BB245G36 BUCKET - 36" JD 245G JOHN DEERE 36" BUCKET 2016 BB312 60 BUCKET - 5 FT CAT 60" CATERPILLAR 60" 312 312DC601002 BB321D24 BUCKET - 24" CAT 321 CATERPILLAR 24" QUEST 2015 BB321D42 BUCKET - CAT 42" GP f B3 CATERPILLAR BKT321D_42PMB 2012 GPB-4903-42-0512 BB321DFL BUCKET - FLECO 42" f B321 FLECO BKT321D42FLC 2012 39024 MHYDCLAM BUCKET - 8 FT HYD CLAMP PEMBERTON 2 CEMENT MIXER MCEM02 MULTIQUIP CONCRETE MIXER MULTIQUIP 2015 MCEM03 CONCRETE MIXER TK MC9 2018 3A9S38M18H1168095 3 COMBINATION BACKHOE/LOADER C420F1 LOADER/BACKOE CATERPILLAR 420F 2012 SKR00457 C420F2 LOADER/BACKHOE CATERPILLAR 420F 2013 SKR02081 L310SJ1 LOADER/BACKHOE - WHEEL JOHN DEERE 310 SJ 2011 1T0310SJKB0200975 4 CONCRETE SAW/SAWS MSAWS MISC SAWS CONCRETE/CHAIN CSHONDO1 SAW 18" WALK BEHIND HONDA 13HP DITEQ 18" 2011 000106D M15HYSA2 HYDRAULIC CHAIN SAW ICS 890F4 2018 00015456 M18STSAW STREET SAW - 18' STOW CD613H18 0303673 3 DOZER D650H DOZER JOHN DEERE 650H 2002 T0650HX897875 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 2 EQUIPMENT TYPE Description Make Model Year Serial Number DD3K1 DOZER CATERPILLAR D3K2XL 2018 KF202415 D750C1 DOZER JOHN DEERE 750C 2000 T0750CX885243 18 EXCAVATOR B50G1 EXCAVATOR - COMPACT JOHN DEERE 50G 2016 1FF050GXLGH283830 B50G2 EXCAVATOR - COMPACT JOHN DEERE 50G 2016 1FF050GXPGH284841 B50G3 EXCAVATOR - COMPACT JOHN DEERE 50G 2016 1FF050GXLGH284850 B85GA EXCAVATOR- w 24" bu, 42" JOHN DEERE 85G 2013 1FF085GXVDJ017083 B135GA EXCAVATOR JOHN DEERE 135G 2013 1FF135GXPDE400155 B245G1 EXCAVATOR JOHN DEERE 245G LC 2016 1FF245GXTFE600911 B245G2 EXCAVATOR JOHN DEERE 245G LC 2017 1FF245GXCGF800138 B27DZ1 EXCAVATOR JOHN DEERE 27D ZTX 2011 1FF027DXLA025571 B308LC EXCAVATOR - HYDRAULIC KOMATSU PC308LC3 2004 20094 B321D1 EXCAVATOR CATERPILLAR 321D LCR 2011 MPG00182 B321D2 EXCAVATOR CATERPILLAR 321D LCR 2011 MPG00237 B328DA EXCAVATOR CATERPILLAR 328D LCR 2013 RMX00449 B365BL EXCAVATOR CATERPILLAR 365BL 2002 9TZ00512 B470GA EXCAVATOR JOHN DEERE 470G 2015 1FF470GXJEE471106 B60DZ1 EXCAVATOR JOHN DEERE 60D 2011 1FF060DXHA0280550 B3055D1 EXCAVATOR CATERPILLAR 305.5DCR 2011 FLZ00360 B3055E1 EXCAVATOR CATERPILLAR 305_5ECR 2012 FKY00533 B335FL1 EXCAVATOR CATERPILLAR 335FLCR 2018 FTKNE10275 1 FORKLIFT FP360 FORKLIFT HOIST P360LC@48 2012 29457 3 GENERATOR GNCHI1 2200/2400 W GENERATOR CHICAGO 5.5 HP 2.2/2.4K 2011 MLITE1 LIGHT TOWER, TOWABLE SM MAGNUM MLT3060 2005 51816 MLITE2 LIGHT TOWER w/TRAILER WACKER NEUSO LTN6 2017 5XFLN0517HN000524 1 GRADER G120H1 GRADER CATERPILLAR 120H NA 2000 4MK00726 16 LOADER L262C2 LOADER - SKID STEER CATERPILLAR 262C 2011 MST04253 L272D1 LOADER - SKID STEER CATERPILLAR 272DXHP 2012 SITY00269 L272D2 LOADER - SKID STEER CATERPILLAR 272DXHP 2012 SITY00267 L272D3 LOADER - SKID STEER CATERPILLAR 272D2XHP 2017 MD200564 L272D4 LOADER - SKID STEER CATERPILLAR 272D2XHP 2017 MD200565 L272D5 LOADER - SKID STEER CATERPILLAR 272D2XHP 2018 MD200950 L272D6 LOADER - SKID STEER CATERPILLAR 272D2XHP 2019 MD200989 L624KA LOADER - WHEEL JOHN DEERE 624K 2013 1DW624KZCDE651292 L624KB LOADER - WHEEL JOHN DEERE 624K 2016 1DW624KZVGF674501 L624KC LOADER - WHEEL JOHN DEERE 624K 2016 1DW624KZEGF674973 L924GA LOADER - WHEEL CATERPILLAR 924G 2004 DDA01241 L924H1 LOADER - WHEEL CATERPILLAR 924H 2011 092HLHXCO2173 L938G1 LOADER - WHEEL CATERPILLAR 938G II 2004 RTB00746 L938H1 LOADER - WHEEL CATERPILLAR 938H 2011 MCC00374 L938M1 LOADER - WHEEL CATERPILLAR 938M 2018 J3R05312 L950KA LOADER - WHEEL CATERPILLAR 950K 2013 R4A01321 17 MISCELLANEOUS EQ MARCH ARCH SPREADER ARCH SPREADER 9409630 MCAGE CUSTOM PERSONNEL CAGE LAKESHORE IN M332 2016 J-6132 M08MOB MERCURY 8HP OUTBOARD MERCURY ME 8MH 4S 2015 OR672463 M10JOB JOHNSON 10 OUTBOARD M60YOB YAMAHA 60 OUTBOARD 2013 MIBEAM I BEAMS MSCAM1 SEAVIEW CAMERA SEAVIEW MSTEEL STEEL PLATES Steel Plates see File Attachement MWHEEL (2) WHEEL WEIGHER HAENNI WL101 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 3 EQUIPMENT TYPE Description Make Model Year Serial Number ARROWBD ARROW BOARDS (3) 15 LIGHT 2018 MBORING 3" PNEUMATIC BORING TOOL VEMREER VPT300 2019 312716 MFUSION FUSION MACHINE MCELROY 2013 C59082 MMWELD1 MIG WELDER MILLERMATIC 252 2017 MH360109N MSTEEL1 STEEL PLATES - 5 a. 20' MTAPKIT FEED TAP 3/4-2" PIPE KIT REED MANUFAC 2017 MFUSION2 DIPS BUTT FUSION MACHINE MCELROY HIGH FORCE C19949 MNUCGAUG NUCLEAR DENSITY GAUGE 8 PUMP PODIA PUMP - 4" DOUBLE DIAPHRAG MWI DDP004Y 2018 4DD-1024 P6PVA PUMP - 6" VAC ASST PIONEER PP66S12L71 2016 PP27352 P8PVA PUMP - 8' VAC ASST TRASH PIONEER PP88S12 2004 3031 PJETA PUMP - 4" JET PUMP COMPLETE 3JP-D4T-F 2016 9515 PJETC PUMP - 4" JET PUMP COMPLETE DEWATERING 1998 8098 MWPSYS WELL POINT SYSTEM - MISC PHYDH6 PUMP SYSTEM D8 PERKINS 1104.44-1204 D8-1104.44-1204 PWP10A PUMP - 10" WELLPOINT PUMP 6068DF150B 2JDXL06.8016 2002 PE6068D202027 1 PRESSURE WASHER MPRESS1 PRESSURE WASHER Norstar 14 ROLLER/PLATE TAMPER M1008A COMPACTOR - REVERSIBLE PL BOMAG BPR100/80D 2015 101692761003 M1008B COMPACTOR - REVERSIBLE PL BOMAG BPR100/80D 2015 101692761009 M5055A COMPACTOR - REVERSIBLE CO BOMAG BPR50/55 DE 2019 101692401090 MHATZ1 COMPACTOR - VIB PLATE DIE HATZ B140 22" 2013 Y-3940 MVH408 COMPACTOR - REVERSIBLE PL MULTIQUIP MVH-408DZ 2017 B1424 RB124B ROLLER BOMAG BW124DH 901581271068 RB124C ROLLER BOMAG BW124DH-40 2017 861832131116 RB124D ROLLER BOMAG BW124DH-5 2018 861586571052 RCB22A COMPACTOR CATERPILLAR CB22 2013 22001340 RCB24A COMPACTOR CATERPILLAR CB24 2011 24001324 RCB24B COMPACTOR CATERPILLAR CB24 2012 24002362 RCS151 ROLLER - WHEEL DYNAPAC CS-151 00208 RBS502I VIBRATORY RAMMER WACKER BS502i 2016 24296030 RBS602I JUMPING JACK TAMPER WACKER BS602I 2017 24348966 3 DUMP TRUCK TDM06A DUMP TRUCK MACK 2006 1M2AG11C06M039988 TDM17A MACK DUMP TRUCK MACK GU813 2017 1M2AX13C74HM036988 TDM19A MACK DUMP TRUCK MACK GR64F 2019 1M2GR2GC1KM004632 4 FLATBED/FUEL TRUCK TFP99A 1999 FUEL LUBE TRUCK PETERBILT 330P 1999 1NPNHZ7X7YS496414 TMFOlA 2001 FORD F450 FLATBED FORD F-450 2001 1FDXF46S91EB40237 TMF13A FREIGHTLINER MOT FLATBED FREIGHTLINER SPRINTER 2013 WDPPF4CC6D9556561 TMM13A MACK LOWBOY TRUCK MACK CHU613 2013 1M1ANO7Y3DM014152 19 TRAILER T05TON TRAILER - MOBILE TL f RT MOBILE TRAIL FM1410 2006 1M9BF142861553455 T09TON TRAILER 9 TON EAGER BEAVER B9DOW 9 TON 2017 112DPM299HL082078 T12TON TRAILER 12 TON ECONOLINE MP424TE 1995 42ETPJE43T1000865 T25TON TRAILER 25 TON EAGER BEAVER 25XPT 2006 112HAX35X6L071863 TT06H0 TRAILER - 2006 HORIZON HORIZON 2006 5E2B1101361026106 TTACKA TACK TANK TRAILER LEEBOY L250T 2012 1B9AA1115B1309496 TTB07A TRAILER - 2007 BELI BELI BELWB12 2EP 2007 16JF0162771043186 TTF05A TRAILER - FONTAINE FONTAINE 2005 13N14830351523951 TTHOOA TRAILER - 2000 HOOPER HOOPER 20 TON 2000 4T0FB252XY1000555 TTK13A TRAILER - TRAIL KING TRAIL KING TK110HDG-513 2013 1TKJ05137EM072235 TTR05A TRAILER - REIT REIT 2005 1RNF48A2X5R013867 TTV04A TRAILER - VERMEER f RT450 VERMEER 2004 1VRZ111H641000406 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 4 EQUIPMENT TYPE Description Make Model Year Serial Number TTZIP2 ASHPALT ZIPPER TRAILER ASPHALT ZIPP AZ480 2001 109FS10111U02182 TTZIP3 ASPHALT ZIPPER TRAILER WILLIAMSON 0 BT001 2011 109FS0821BU021866 T25TONA TRAILER 25 TON EAGER BEAVER 25XPT 2018 112HAX371KL083430 TOFFICE 20' OFFICE TRAILER OFFICE CONTAINER TTANDS1 2003 ANDS TRAILER ANDS TRAILER 2003 4YNBN18273C013104 TIMEOUT3 TRAILER - JUPITER TIMEOUT CONTINENTAL 2014 1ZJBB3121EM082646 TIMEOUTT TRAILER - COBIA TT TIMEOU AMERA TRAIL AC2426TMB 2008 4DJAB26288A001288 19 PICKUP TPC15A 2015 CHEVY SILVERADO CHEVY SILVERADO 2015 1GCOCUEG8FZ127362 TPC15B 2015 CHEVY SILVERADO CHEVY SILVERADO 2015 1GCOCUEG2FZ119547 TPC15C 2015 CHEVY SILVERADO CHEVY SILVERADO 2015 1GCOCUEG5FZ121812 TPC16A 2016 CHEVY SILVERADO CHEVY SILVERADO 2016 1GC2CUEGXGZ406077 TPC16B 2016 CHEVY SILVERADO CHEVY SILVERADO 2016 1GBOCUEG3GZ357011 TPC16C 2016 CHEVY SILVERADO CHEVY SILVERADO 2016 1GBOCUEG8GZ359496 TPC17A 2017 CHEVY SILVERADO CHEVY SILVERADO 2017 1GC2CUEG7HZ285736 TPC17B 2017 CHEVY SILVERADO CHEVY SILVERADO 2017 1GC1KWEYXHF206662 TPC18A 2018 CHEVY COLORADO CHEVY COLORADO 2018 1GCHSBEA5J1173616 TPC18B 2018 CHEVY SILVERADO CHEVY SILVERADO 2018 1GC1KXEY2JF205677 TPD11B 2011 DODGE RAM 1500 DODGE RAM 1500 CC 2011 1D7RB1GT6BS550226 TPD11D 2011 DODGE RAM 1500 DODGE RAM 1500 2011 3D7LP2EL0BG596819 TPD11E 2011 DODGE RAM 2500 DODGE RAM 2500 2011 3D7LP2ET8BG600485 TPD15A 2015 DODGE RAM 2500 MEGAC DODGE RAM 2500 2015 3C6UR5NL0FG605476 TPD15B 2015 DODGE RAM 1500 DODGE RAM 1500 2015 1C6RR6HTXFS608711 TPF04A 2004 FORD F250 SUPERDUTY FORD F250 SUPERDUTY 2004 1FDNF20L74ED40969 TPF17A 2017 FORD F-150 FORD F-150 2017 1FTEW1EG8HFA71536 TPT14A 2014 TOYOTA TUNDRA 4x2 TOYOTA TUNDRA 4x2 2014 5TFRY5F12EX151059 TVC14A 2014 CHEVY VAN CHEVY 2500 VAN 2014 1GCWGGFA6E1161209 2 TRUCK/TRACTOR TJV04A 2004 STERLING TRUCK STERLING V312 LHA 2004 2FZHATAK44AM31231 TMD13A MECHANIC TRUCK DODGE RAM 5500 2013 3C7WRMBL8DG520465 2 TRENCHER RT100A TRENCHER VERMEER RT100 2004 1VRX057E551001734 RT450A TRENCHER VERMEER RT450 2007 1VRX0721771001342 3 WATER TRUCK TWI99A WATER TRUCK INTERNATIONA 4700 1999 1HTSCAAM6XH682520 TWSOOA 2000 STERLING WATER TRUCK STERLING L7500 2000 2FZHAFBA9YAF83201 TWS03A 2003 STERLING WATER TRUCK STERLING M7500 2003 2FZAAKAK33AL05758 9 ASPHALT ZIPPER/COLD PLANER M24MIL COLD PLANER CATERPILLAR PC206 2012 DDG00981 M30MIL COLD PLANER CATERPILLAR PC408B 2013 XCP00187 MBS70A VIBRATORY HAMMER BS702i 2011 MCUT30 30" CUTTER HEAD X002044 MPAVE1 ASPHALT PAVER MAULDIN 1550D 2013 722L50TKZ9Y202722 MZIPE2 ASPHALT ZIPPER w TRAILER ASPHALT ZIPP 480 2001 100716 MZIPE3 ASPHALT ZIPPER w/ TRAILER ASPHALT ZIPP AZ500B 2012 50000593 MZIPE4 ASPHALT ZIPPER w/ TRAILER AZPHALT ZIPP AZ480 2015 109FS10191U021878 MWPCOMP1 COMPACTOR SM GAS WACKER P WACKER PLATE COMPACTOR 6684107 4 CONEX BOX MCONX1 CONX 20' CONTAINER CONX 2052 613301 2011 2037988MSG MCONX2 CONX 20' CONTAINER CONX 20S2 615671 2011 2107067MSG MCONX3 CONX 20' STANDARD TRI DOO CONX 20ZS 618914 2011 ES20VZS2093 MCONX6 CONX 8' x 12 CONEX 2013 3 FUEL TANKS MFUEL1 FUEL TANK YOUNG 500 GALLON 14278 MTANK1 GAS TANK - SEDIMENT (JL B DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 5 EQUIPMENT TYPE Description Make Model Year Serial Number MTANK2 GAS TANK - SEDIMENT ELARTE SEDIMENT TANK 2002 5003 5 LASER LO1C LASER - PIPE LASER TOPCON TP-L4G 2001 VD0221 LTPL4A LASER TOPCON TP-L4BG 2011 VH2587 LTPL4B LASER - PIPE LASER TOPCON TP-L4BG 2012 VH2783 LTPL4C LASER - PIPE LASER TOPCON TP-L4B 2014 VG9778 LSDG711 LASER - PIPE LASER SPECTRA PREC DG711-3 2015 5 ROCK BOX M4YDRB ROCK BOX - 4 YARD M5YDRB ROCK BOX - 5 YARD M7YDRB ROCK BOX - 7 YARD M9YDRB ROCK BOX - 9 YARD 2017 33033 M2OYDRB ROCK BOX - 20 YARD EFFICIENCY SM-EWHD-24 2005 128386 8 TRENCH BOX TB4620 TRENCH BOX - 4 x 6 x 20 PRO-TEC PRO4-620D 15008 TB6412 TRENCH BOX - 6 x 4 x 12 TB6416 TRENCH BOX - 4 x 6 x 16 TB6824 TRENCH BOX - 6 x 8 x 24 Efficiency HT6-824 2014 147098 TB8828 TRENCH BOX - 8 x 8 x 28 SPEED SHOR TS-0828DW8KE 42586 TJACKS TRENCH JACKS SHORING SYST NTS 2018 TB4620A TRENCH BOX - 4 X 6 X 20 130221 XTS6M824 TRENCH SHIELD 8 x 24 XTERRA XTS-6M-824 2018 XTS180531 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DAVIMAN-01 HARRISM ACORCERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brenda Laflamme NAME: Insurance Office of America,Inc. PHONE FAX 1855 West State Road 434 (A/c,No,Ext):(407)998-5421 15421 (ac,No):(407)7887933 Longwood,FL 32750Air{{Ess:Brenda.Laflamme@ioausa.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Evanston Insurance Company 35378 INSURED INSURER B:Liberty Insurance Corporation 42404 David Mancini&Sons,Inc. INSURER C:Liberty Mutual Fire Insurance Company 23035 2601 Wiles Rd INSURER D: Pompano Beach,FL 33073 INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYt (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR MKLVIENV102342 4/1/2020 4/1/2021 DAAGOEREccTuEnDence� 50,000 X General LiabilityMED EXP(My one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY PES X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO AS7-Z51-292589-020 4/1/2020 4/1/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X Oar ONLY (Per acn GentDAMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC2-Z51-292589-010 4/1/2020 4/1/2021 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution Legal Liab MKLVIENV102342 4/1/2020 411/2021 Aggregate Limit 2,000,000 A Ltd Prof Liab MKLVIENV102342 4/1/2020 4/1/2021 Ded:$1,000 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached If more space is required) Insurer Type of Insurance Policy Number Effective Aggregate Limit Zurich American Ins.Co. Installation Floater CPP0507826 04/01/2020-04/0112021 $500,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. David Mancini&Sons,Inc.-FOR INFORMATIONAL AUTHORIZED REPRESENTATIVE PURPOSES ONLY 2601 Wiles Rd - -A034287 (Pompano Beach.FL 33073 �—�— ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 JMS DAVID MANCINI & SONS, INC. KeyPersonnel Overview _ David Mancini,CUC-D-B Project Manager Phone: (954)605-3982;email:dmancini@dmsi.co ''.-' . Mr. Mancini has more than 35 years of construction experience from Michigan to Florida, David r' Mancini has built David Mancini&Sons, Inc. (DMSI)into the premier underground civil contractor in lO'�� r it South Florida. David served as President and Qualifier for his father, Richard Mancini, at Ric-Man '•' International, Inc.from 1985-2010. Since incorporating David Mancini &Sons, Inc. in 2010, his"hands :d4 on" abilities and vast pool of knowledge have enabled DMSI to become the leader in large diameter 1;(k pipeline construction.Serving as Design-Builder Manager, David Mancini has successfully completed a long list of projects within urban environment throughout South Florida that include the installation of transmission water mains (HDPE), transmission force mains (PCCP & DIP), sanitary sewers, storm sewers, pump stations, jack and bores, micro tunnels, directional drills, roadways, sub-aqueous crossings, and neighborhood improvement projects over the past three decades. ,,,!fDavid Mancini Jr. D-B Deputy Project Manager David A. Mancini Jr. has over 15 years of construction x '43 experience in South Florida. As a field laborer, David Mancini Jr. began his career in construction at only 15 years old, working on various construction projects for City Municipalities. As a Construction y,c.. fManager of David Mancini and Sons, Inc., David administers all construction operations, residential (,, public relations, and coordination regarding the construction projects. His specialization and b , 1 experience is in neighborhood improvement projects, water main replacements, private property experience is in neighborhood improvement projects, water main replacements, private property. His management practice consists of a "first person on site and last person to leave" attitude. David's main priority in administering construction operations is limiting at all cost the impact construction operations may impose on the residents. r" Fabio Angarita, D-B Construction Project Manager Mr. Fabio Angarita has over 20 years of construction experience in South Florida. Fabio has successfully completed a over$60 million of municipal projects in Ar 4 highly urban environments throughout South Florida including storm sewer projects, storm sewer pump 'i. stations,force mains (PCCP & DIP), sub-aqueous crossings, roadway, and neighborhood improvement projects over the past decade. Fabio administers all construction operations, residential public relations, r L _____ and coordination in multiple construction projects. Onique Williams, Pipe Installation Superintendent Mr. Williams, helped start and build DMSI when it it 1"2" -r first opened it's doors, Onique's career at DMSI is truly a "from the bottom-up" scenario. His positions A_•'- -'' ' at DMSI have included personally installing water services to superintending design build large-diameter �,;,.. transmission force mains. Most recently, successfully completed 15,000 LF Design Build of 48-inch PCCP ''' ..f,',.:1through utility infested and politically sensitive Miami'sWynwood Business Improvemetn District,Midtown H , ' ' , Miami Community Development District,and Miami Design District. Alejandro Mejia,D-B Safety Manager Mr. Mejia has over 16 years'experience in accounting,construction i "----440: management and cost estimating in the field of underground utility, roadwork and all facets of civil , c1/4 construction.Alejandro Mejia has over 16 years of experience overseen municipal projects in highly urban I4" , ` f environments, airports throughout Dade County, Broward County, Florida including storm sewer projects, storm sewer pump stations,sanitary sewer, force mains, water mains, roadway, and neighborhood L improvement projects over the past decade. ' Richard Mancini,D-B Quality Assurance/Quality Control(QA/QC):Mr. Richard Mancini has over 9 years' experience in accounting,construction management and cost estimating in the field of underground utility, roadwork and all facets of civil construction.Richard has always been fascinated with the underground ` industry since a young age,where he would spend his days after school playing and pretend driving all the ` equipment in our storage yard and starting around 10 years old. Fast forward to present day, Richie is fully ,I (: . ., immersed in the day to day business of running large diameter pipeline projects for just shy of 4 years. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 T =,.. DAVID A. MANCINI, C.U.0 DESIGN-BUILER MANAGER A Industry Experience: 35 Yrs Registration 1 Certifications: Organization—QB0008454 1985-2010-Qualifier Design/Build Experience: State of Florida Underground 1988-2010-Ric-Man 10 Yrs Utility License No. Experience: International, Inc.(RMI) Member of the Engineering CUC0442220 President and Qualifier President Contractors Association. Broward County License#00- October 2010-Present Advisory Board Member of 1650-W David Mancini&Sons, Inc. the Plastic Pipe Institute. Qualified Business (DMSI)President With over thirty-five years of construction experience from Michigan to Florida, David Mancini has built David Mancini & Sons, Inc.(DMSI)into the premier underground civil contractor in South Florida. David served as President and Qualifier for his father, Richard Mancini, at Ric-Man International, Inc. from 1985-2010. Since incorporating David Mancini & Sons, Inc. in 2010, his "hands on"abilities and vast pool of knowledge have enabled DMSI to become the leader in large diameter pipeline construction. Serving as Design-Builder Manager,David Mancini has successfully completed a long list of projects within an urban environment throughout South Florida that include the installation of transmission water mains (PCCP & DIP), transmission force mains (PCCP& DIP), sanitary sewers, storm,sewers, pump stations,jack and bores, micro tunnels, directional drills, roadways, sub- aqueous crossings, and neighborhood improvement projects over the past three decades. David Mancini is highly recognized for his expertise and achievements in trenchless pipe solutions. KEY PROJECTS 42-INCH DIP WATER MAIN & 10" FORCE MAIN DESIGN BUILD–LINE STOPS&BYPASS ON 48-INCH PCCP INSTALLATION BETWEEN (US-1/5TH ST)TO THE FORCE MAIN CROSSING OLETA RIVER AT BISCAYNE PORT OF MIAMI AND PS 9141 REPLACEMENT BLVD AND NE 163 ST Role: President/Manager/Qualifier: Role: President/Manager/Qualifier: Installation of approximately 9,740 LF of 42-inch ductile iron Installation of approximately 800 LF of 42-inch HDPE pipe via pipe and fittings, valves, 4,000 LF of 30-inch WM HDPE horizontal directional drilling, and 1,000 LF Of 42"open cut. horizontal directional drilling Water Main &4,000 LF of 12- inch FM HDPE subaqueous channel crossing along Biscayne 48-INCH FORCE MAIN (BROWARD CW&WWD) BROWARD Bay from Bayside to Port of Miami. COUNTY, FL, 2007 Role: Design-Build Manager DESIGN BUILD - 54-INCH REDUNDANT FORCE MAIN AT Over 5,000'of 48" Force Main within the FDOT Turnpike right- MIAMI BEACH of-way, completed in 8 months including design, permits and Role: PresidentlManager/Qualifier construction. The new pipeline was constructed alongside Installation of approximately 4,000 LF of 54-inch HDPE pipe a canal bank and residential neighborhood and included a via horizontal directional drilling, fittings, and valves along subaqueous crossing. Euclid Avenue from 11 St to Washington Avenue. Client: Broward County Water & Wastewater (Pat Macgregor (954) 831-0904) 48-INCH PCCP SEWER ALONG NORTH MIAMI AVENUE Role: President/Manager/Qualifier: DERM01-WASD-NLE-WEST 54" FORCE MAIN , MIAMI- This project was done via the DESIGN-BUILDER method DADE COUNTY,FL, 2005 and it was to provide engineering, design, survey, technical Role: Design-Build Manager specifications, permitting and inspection to support the Design Build Project with Nova Engineering, consisting of construction, installation, testing and commissioning activities 9,240 LF of 54" PCCP Force Main complete with restoration, associated with the construction of 13,000 LF of 48-Inch infrastructure and beautification improvements along 57th Ave PCCP sewer, 12-inch and 16-inch water mains and 24-inch and the Opa-locka Airport Property. This project also included pipe for storm water drainage a 25'deep subaqueous, by pass of existing 48" FM and open cut of existing State Road Client: MDWASD (Jorge Aguiar(786) 552-8138) DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 pi) I DAVID A. : MANCINI, C.U.0 DESIGN-BUILER MANAGER DESIGN BUILD SERVICES FOR THE REPLACEMENT OF 42" FORCE MAIN EMERGENCY REPAIR ON NE 163RD THE EXISTING 54" FM FROM CENTRAL DISTRICT WWTP STREET, MIAMI-DADE COUNTY,FL, 2007 TO FISHER ISLAND , MIAMI-DADE COUNTY, FL, 2014 Role: President/Manager/Qualifier Role: President/Manager/Qualifier Removal and replacement of 150 LF of 42" PCCP along NE Installation via open cut approximately 1,100 LF of 60" PCCP. 163rd Street. Porject entailed extensive MOT/ Shoring and Project required the bypass of the existing 54" & 42;; Force dewatering. Main. Client: MDWASD (Joe Armao (786) 586-4198) Client: Nicholson Construction Company for MDWASD (Eloy Ramos (412) 715-3265 EMERGENCY REPAIR OF 54" FLAGLER INTERCEPTOR, MIAMI-DADE COUNTY, FL, 2003 54" REDUNDANT SEWER FORCE MAIN, MIAMI-BEACH, FL Role: President/Manager/Qualifier 2014 This scope of work consisted of installing 1,400 LF of 54" Role: Design Build Manager PCCP Force Main Installation of appx. 1,000 LF of 54" PCCP,was constructed Client: MDWASD (Nelson Cespedes (305)439-8959) in an urban environment maintaining existing traffic which entailed extensive MOT&restoration INTERCONNECTION AT PUMP STATION 2 & CENTRAL Client: City of Miami Beach (Bruce Mowry, PE (786)759-8941) DISTRICT WWTP, MIAMI-DADE COUNTY, FL, 1999 Role: President/Manager/Qualifier 54" WATER MAIN SUBAQUOUES CROSSING AT RED Project consisted of installing 150' LF OF 120" PCCP FORCE ROAD, MIAMI-DADE COUNTY, FL 2014 MAIN which required a shutdown of the existing 72" PCCP Role: President/Manager/Qualifier FM and by-pass, remove the existing FM and interconnect the This deep subaqueous crossing appx. 300 LF of 54"DIP, was 120" PCCP FM. constructed alongside a bridge where (2) canals intersect to Client: MDWASD (Jorge Aguiar(786) 552-8138) facilitate widening by the FDOT. The minimal tolerances of this pipeline and the deep complex installation within the canal NORTH DISTRICT WWTP,MIAMI-DADE COUNTY, FL, 1997 were major challenges to this project. Role: President/Manager/Qualifier Client: MCM for MDWASD (Nelson Cespedes (305)439-8959) Project consisted of installation of 1,686 LF OF 72" PCCP FORCE MAIN which required ther interconnection at the 42" WATER MAIN REPAIR ON SW 2ND AVE / MIAMI DADE WWTP, by-pass pumping,shoring and dewatering. COUNTY, FL, 2012 Client: Harry Pepper & Associates, MDWASD (Jorge Aguiar Role: President/Manager/Qualifier (786) 552-8138) As an emergency contractor for Miami-Dade Water&Sewer for over 10 years, David Mancini was as called upon to remove FLAGLER STREET FORCE MAIN S503D DIVISION 1,MIAMI- 60 LF of existing PCCP and replace with 60 LF section of 42" DADE COUNTY, FL,1996 DIP which was located in the center of SW 2nd Ave entailed Role: President/Manager/Qualifier extensive MOT, shoring and dewatering. Scope of work included the installation of 7,195 LF OF 54" Client: MDWASD (Nelson Cespedes (305)439-8959) PCCP FORCE MAIN along a (4) lane divided highway, extensive MOT, 12'deep excavation,shoring and dewatering. 48"WATER MAIN REPAIR ON SW 56th ST(MILLER DR)I Client: MDWASD (Nelson Cespedes (305)439-8959) MIAMI DADE COUNTY, FL, 2011 Role: President/Manager/Qualifier INTERCONNECTION TO EXISTING 60" FORCE MAIN, As an emergency contractor for Miami-Dade Water&Sewer for MIAMI-DADE COUNTY,FL, 1996 over 10 years, David Mancini was as called upon to remove Role: President/Manager/Qualifier 60 LF of existing PCCP and replace with 60 LF section of 42" Project consisted of installing 3,118 LF OF 60" PCCP FORCE DIP which was located in the center of SW 2nd Ave entailed MAIN and connection to existing force main at (6) locations extensive MOT, shoring and dewatering. from Flagler to SR 836, 57th Ave to 39th Court. Extensive Client: MDWASD (Nelson Cespedes (305)439-8959) pedestrian and vehicular MOT, shoring and dewatering. Client: MDWASD (Nelson Cespedes (305)439-8959) DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 T.1( • DAVID A . tel' . : MANCINI JR. CONSTRUCTION MANAGER Industry Experience: 10 yrs Reference#1: Reference#2: Reference#3: Registration/Certifications I Bob Wertz:Senior Gregory Mullenski Carla S.Dixon-Capital Degrees: Project Manager City Inspector Projects Miami Beach OSHA Certification- City of Hollywood Engineering City of Hollywood Engineering —Capital Improvement Construction Safety and DivisionBwertz@hollywoodfl. Division Gmullenski@ Carladixon@miamibeachfl.gov Health MOT Work Zone Traffic org, hollywoodfl.org, Phone 305-673-7071 Control: Intermediate Level Phone 954-921-3930 Phone 954-249-2870} Master of Business and Administration Specialization in International Finance David A. Mancini Jr. has over 15 years of construction experience in South Florida. As a field laborer, David Mancini Jr. began his career in construction at only 15 years old,working on various construction projects for City Municipalities.As a Construction manager of David Mancini and Sons, Inc., David administers all construction operations, residential public relations, and coordination regarding the City of Hollywood's construction projects. His specialization and experience is in neighborhood improvement projects, water main replacements, high-profile and politically sensitive large diameter design build projects. His management practice consists of a"first person on site and last person to leave"attitude. David's main priority in administering construction operations is limiting at all cost the impact construction operations may impose on the residents. CONSTRUCTION MANAGER EXPERIENCE DESIGN BUILD SERVICES FOR THE INSTALLATION OF A 48- design, permitting, procurement, construction I installation, testing INCH FORCE MAIN ALONG NORTH MIAMI AVENUE, MIAMI, FL, and startup of a new 60-inch replacement FM. Project elements 2016 include:Approximately 5,200 linear feet of tunnel boring with precast segmental liners capable of accommodating a 60-inch internal Role: Construction Manager:This project includes the installation of diameter carrier pipeline.Approximately 2,500 linear feet of open cut approximately 13,000 linear feet of 48"sewer force main on NE 36th construction to install a 60-inch diameter pipe.Approximately 1,000 Street, between Federal Highway and North Miami Avenue. 12"and linear feet of horizontal directional drilling (HDD) to install 8-inch 16"water mains on North Miami Avenue,between NW 20th and 29th pipe that will relay the sewage flow from the Fisher Island Pump Street and 1,000 feet of 24"storm water drainage. Station (PS 170)to the tunnel.The replaced 54-inch FM will be cut, flushed, plugged at terminal locations, and abandoned for potential WATER MAIN & FORCE MAIN INTRACOASTAL WATERWAY rehabilitation in the future. CROSSINGS AT LAS OLAS BLVD. , FORT LAUDERDALE, FL, 2016 HOLLYWOOD WATER MAIN REPLACEMENT 11-5110, HOLLYWOOD, FL,2014 Role: Construction Manager: This project includes the installation of a 20" diameter water main and a new 16" diameter subaqueous Role: Construction Manager: Project consisted of the installation force main on the south of Las Olas Blvd.Bridge to provide additional of over 5,200 LF of 16-inch C905 PVC Transmission water main, redundancy to the Las Olas area.The City had selected the horizontal over 60,000 LF of 4",6"and 8"C900 PVC and DIP distribution water directional drilling (HDD) method for construction of the proposed mains,fittings,valves,fire hydrants,and interconnections associated subaqueous crossings. with the water main replacement. The project also included over 900 water service connections at the existing meters and over 400 DESIGN-BUILD SERVICES FOR THE REPLACEMENT OF THE water meter relocations and water service installations on the private EXISTING 54-INCH SANITARY SEWER FORCE MAIN PIPELINE property. Some of the key construction activities included emergency FROM THE CENTRAL DISTRICT WASTEWATER TREATMENT response, temporary traffic controls, clearing and grubbing, tree PLANT TO FISHER ISLAND, UNDER NORRIS CUT CHANNEL, relocation,locating and protecting existing utilities,trench excavation, MIAMI, FL,2014 shoring,density testing,pressure testing,pipe disinfection,pavement restoration,existing water main abandonment,and coordination with Role: Construction Manager: Design-Build project to replace the Homeowners Association,City,County, and FDOT Utility Staff. existing 54-inch force main (FM) from the Virginia Key Central District Wastewater Treatment Plant (CDWWTP) under Biscayne Bay Norris Cut to Fisher Island. Including: planning, engineering, DAVID MANCINI&SONS,INC. DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 FABIO [RA. ANGARITA DESIGN BUILDER-QA/QC MANAGER Industry Experience:20 yrs Experience: Project Manager Co-owner/Project Manager Education: Project Manager 2006 to 2007 1999-2002 Civil Engineer 2013 to Present Development and GDC Ltda(Colombia) David Mancini&Sons, Inc. Communications Group of Florida, Inc. Project Manager 2007 to 2013 Project Manager Southeastern Engineering 2004 to 2006 Contractors, Inc. Petro Hydro Inc. Fabio Angarita has successfully completed a over $60 million of municipal projects in highly urban environments throughout Dade County, Florida including storm sewer projects, storm sewer pump stations, force mains (PCCP & DIP), sub-aqueous crossings, roadway,and neighborhood improvement projects over the past decade. EXPERIENCE SEABOARD ACRES PUMP STATION RETROFIT AND PUMP CRESPI BLVD WATER MAIN,STORM SEWER COLLECTION CASING REPLACEMENT, MIAMI DADE COUNTY 2015 SYSTEM AND STORM SEWER PUMP STATION, MIAMI DADE COUNTY, FL Role: QAIQC Manager: Located in Northeast Miami-Dade County at the intersection of NE 131st Street and Memorial Role: QAIQC Manager: Installation of Water Main and Storm Highway. This Neighborhood includes mostly residential Sewer System along Crespi Blvd between 85TH street and developments and some commercial developments. The 79TH Street.The project Includes the installations of over 2500 proposed improvements include the complete demolition and LF of Water Main, over 2800 LF of Storm Sewer collection reconstruction of the existing Seaboard Acres Storm Water system,Installations of pollution Control Structure, Installations Pump Station.The reconstructed pump station has a pumping of Storm Sewer Pump Station, construction of seawall and capacity of 40 CFS achieved by using two (2) electronic landscaping along a residential neighborhood. submersible pumps of 20 CFS each. Also emergency diesel Client:: City of Miami Beach (Eugene Egemba, P.E. (305)781- pumps backup Generator and Telemetry System for remote, 0391) monitoring, and control of the pumps and generator. Client: Miami-Dade County Public Works (Ruben Arencibia SWEETWATER STORM SEWER IMPROVEMENTS PHASE (305)469-9539) IIB 2013-2014 54-INCH REDUNDANT SEWERE FORCE MAIN , CITY OF Role: QA/QC Manager: Installation of about 6000 LF of storm MIAMI BEACH 2015 sewer collection system and two(2)storm sewer pump stations with capacity of 5500 GPM along a residential neighborhood. Role:QA/QC Manager:A project that involved a 54-inch sanitary Client: City of Sweetwater(Eric Gomez, P.E.(305)-553-5457) sewer pipeline located in Miami,FL that runs underneath Euclid Avenue and Washington Avenue from Commerce Street to 11 FDOT T6278, FDOT 2014 Street. A world record of aa 3,000 –foot long and a 1,200 – foot long installation of a 54 –inch IPS DR -17high—density Role: QAIQC Manager: Installation of 54" Water Main polyethylene (HDPE) pipe using horizontal directional drilling subaqueous crossing along NW 57TH Avenue between W46TH (HDD) methods. This pipe replaces the existing force main Street and W 53RD Street. sanitary line that was constructed in 1977 and served as the Client: MDWASD (Nelson Cespedes (305)439-8959) sole means of wastewater conveyance through Miami Beach Client: City of Miami Beach DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 ilytA FABIO ANGARITA w ., DESIGN BUILDER-QA/QC MANAGER FDOT E6G98-RO—PUSH BUTTON PROJECT Client: City of Hialeah/FDOT(Ignacio Serralta, P.E. (305) 662- 8887) Role: QA/QC Manager: Performance of several drainage and roadway project in FDOT District 6. Project included an TOWN OF GOLDEN BEACH, CAPITAL IMPROVEMENTS emergency drainage project in Downtown Miami and US1, PROJECT, MIAMI DADE, FL • Drainage Improvements in Haulover Bridge and drainage Improvements on 163TH Street. Role: QA/QC Manager: Installation of new water main system along Golden Beach Drive, North, Center and South Island INSTALLATION OF SIX (6) 48" PLUG VALVES IN THE Dr, installations of water tight storm sewer collection system, EXISTING PCCP FORCE MAIN ALONG OPA LOCKA BLVD two (2) storm sewer pump stations, utility conversions for ATT, 2012 Atlantic Broadband and FPL, full roadway reconstruction, landscaping and beautification. Role: QA/QC Manager: Installation of 48" plug valves in Client:Town of Golden Beach (Alex Diaz,Town Manager(786) different locations in the existing PCCP Force Main along Opa 236-4211) Locka Blvd.The project included the installation of six(6)plug valves,the installation of twelve(12)line stops,implementation CENTRAL ISLAND DRAINAGE IMPROVEMENTS, CITY OF of extensive MOT, shoring and dewatering. SUNNY ISLES 2008, 2009 Client: MDWASD (Nelson Cespedes (305)439-8959) Role: QA/QC Manager: Installation of water tight storm sewer SAN MARCO ISLAND DRAINAGE IMPROVEMENTS 2011 collection system discharging to storm drainage wells and Improvements to Gwen Margolis Park.The project included the Role: QA/QC Manager: Preinstallations of storm sewer installation of more than 10,000 LF of storm sewer collection collection system and a pump station in San Marco Island. system, the construction of 22 deep wells, the construction of The project Included about 2000 LF of storm sewer collection a football field, landscaping and beautification. system, installation of four (4) deep wells, emergency bypass Client: City of Sunny Isles (Bill Evans,Assistant City Manager and storm sewer pump station. (786) 586-7533) Client: City of Miami (Valentin Onuigbo, P.E.(786)447-9817) SWEETWATER STORM SEWER IMPROVEMENTS PHASE IV 2011 Role: QA/QC Manager: Installation of about 8000 LF of storm sewer collection system and two(2)storm sewer pump stations with capacity of 5500 GPM along a residential neighborhood. Client: City of Sweetwater(Eric Gomez, P.E.(305)-553-5457) FAIRLAWN STORM SEWER PHASE III 2011 Role: QA/QC Manager: Installations of about 10,000 LF of exfiltration storm sewer system along a residential neighborhood. Client: City of Miami (Genady Beylin.(786)972-5048) E 4TH AVENUE IMPROVEMENTS, HIALEAH, FL 2010 Role: QA/QC Manager: Installation of storm sewer exfiltration system and full roadway reconstruction along E 4TH Avenue between 25TH Street and 32ND Street. DAVID MANCINI&SONS,INC. DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 ALEJANDRO MEJIA SAFETY MANAGER Industry Experience: 16 yrs Education: AS in Business Administration AS in Civil Engineering OSHA 30 Certification Alejandro Mejia has over 16 years of experience overseen municipal projects in highly urban environments, airports throughout Dade County, Broward County, Florida including storm sewer projects, storm sewer pump stations,sanitary sewer,force mains, water mains, roadway, and neighborhood improvement projects over the past decade. EXPERIENCE MDWASD INSTALLATION OF 42-INCH DIP WATER MAIN BROWARD COUNTY FLL, TERMINAL 4 EXTENSION, AND 10-INCH FORCE MAIN TO PORT OF MIAMI AND PS INSTALLATION OF MULTIPLE UNDERGROUND UTILITIES 9141 REPLACEMENT: AT FORT LAUDERDALE INTERNATIONAL AIRPORT: Safety Manager for the Miami-Dade Water and Sewer Safety Manager for furnishing and installing approximately Department(MDWASD)installation of 9,740 LF of 42-inch DIP 1000 LF in storm sewer pipes ranging from 30-inch to 96-inch; and fittings; 42-inch mechanical joint resilient seated wedge 2000 LF in water mains ranging from 8-inch to 12-inch ductile gate valve;Venturi meter(including valve and fittings,manhole iron pipe and fittings; 1500 LF in 8-inch sanitary sewer mains frame and cover, valve box quick disconnect, and concrete including laterals and new sanitary lift station. In addition to support slab); 260 LF of micro tunneling under existing FEC this,excavation of cast in place concrete piles and preparation railroad right-of-way (including steel casing, drill shafts, and of building pad for new Terminal 4. proposed area of construction); 4,600 LF of twin 30-inch HDPE HDD subaqueous channel crossing along Biscayne Bay MDC INSTALLATION OF 54-INCH BAR WRAPPED from Bayside to Port of Miami; replacement of Pump Station CONCRETE CYLINDER PIPE WATER MAIN AT RED ROAD (PS) 9141 (including existing 8-inch cast iron pipe (CIP) force IV FDOT T-6345: main connecting to wastewater collection and transmission Safety Manager of furnishing and installing approximately system); and installation of approximately 5,000 LF of 10-inch 4300 LF of 54-inch bar wrapped concrete pipe and fittings;54- replacement force main pipeline between PS 9141 and a point inch mechanical butterfly valves; connections to existing 54- of connection on the mainland (City of Miami). inch water main and connection to existing 36-inch water main, including valves and fittings, access manholes installation. MDC EMERGENCY REPAIRS TO 72-INCH AND 54-INCH PCCP FORCE MAIN AT BISCAYNE BLVD&NW 156 STREET: Safety Manager for an emergency contractor for Miami-Dade Water&Sewer for over 10 years, David Mancini was as called upon to remove 60 LF of existing PCCP and replace with 60 LF section of 42" DIP which was located in the center of SW 2nd Ave entailed extensive MOT,shoring and dewatering. MDC INSTALLATION OF 54-INCH DIP FORCE MAIN AT OPA LOCKA EXECUTIVE AIRPORT: Safety Manager for furnishing and installing approximately 10,900 LF of 54- inch ductile iron pipe and fittings; 54- inch mechanical joint resilient seated wedge plug valves; connections to existing 48-inch force main and connection to existing 54-inch PCCP, including valves and fittings, access manholes installation. DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 RICHARD ', [11);t1 MANCINI GENERAL MANAGER Eil Industry Experience:9 yrs Richard Mancini, General Manager for David Mancini and Sons, Inc. has always been fascinated with the underground industry since a young age. When he was young, he would spend his days after school operating all the equipment in our storage yard, and starting around 10 years old, David Mancini Sr., would bring him to job-sites on the weekend to learn how to run equipment. At 15 years old, he got his first summertime job cleaning the shop and doing light mechanic work. Fast forward to present day, Richie is fully immersed in the day to day business of running large diameter pipeline projects and leading the daily operations in the field, including safety, quality, productivity, equipment coordination and Subcontractors management. Richie works in partnership with the Project Management team to build safe and high quality underground utility projects. EXPERIENCE D/BSERVICESFORNEW54"REDUNDANTFORCEMAIN GENERAL MANAGER 54" HDPE SEWER MAIN , 19,985'—Oversee day to day Overseeing trucking and logistics, equipment purchases, activities of the design-build project such as; open-cut sales,and rentals. Mechanics,fuel and lube maintenance, 54" HDPE with in-hole fusion, 54" Drilling and pullback and Fleet Management. operations, Installation of pump station connections, pipe Jan.2020—Present cleaning operations. Planning multiple crews work days and scheduling deliveries. Designing special pipe fittings and field change designs for constructibility.Assisting the design and implementations of MOT. Dec.2019—Present D/BSERVICESTOINSTALLA48"WATERMAINFORAREA N 48"Transmission WM, 15,000'—Oversee open cut installation, sub-aqueous crossing (100' wide canal, 25' underwater); crossing FDOT roadways SR-986 + SR-94, which SR-94 included a 1200'run. Developed MOT Plans, Coordinated with Stakeholders in the neighborhood, kept up to 4 crews busy daily, Designed alternate routes when conflicts emerged.Aug. 2018—Nov.2019 INDIAN CREEKSTORMWATERIMPROVEMENTPROJECT 72"Storm Drainage 1,500'in Miami beach-included overseeing day to day operations, managing three to five in house DMSI Crews, while overseeing multiple subcontractors. Delivering fast tracked completion dates, installation of 72" drainage, a large pump station consisting of 5+ 100,000 lb structures, smaller diameter drainage structures and piping. Rebuilding a new roadway at a higher elevation. Oct.2016—Aug.2018 OTHER EXPERIENCES INCLUDES: Foreman over seeing 8/12 inch water main installation with rear to front service conversions in Hollywood, FL. Pipe Cleaning supervisor for Airlift Dredging of the 54"HDPE Directional Drill. Spent multiple years as a laborer and operator, running all different types of equipment. 2011 —Oct. 2016 DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 ONIQUE y : w WILLIAMS :11A4 Experience: Mainline Foreman-August 2017—January 2020 full time—Miami Ave.,Area N,Virginia Key/Fisher Island, Emergency projects: 156th, 163rd, Ft Lauderdale raw water, Ft Lauderdale sewer,42"valves Ft Lauderdale 2010—2017—Helped start and built DMSI when it first opened it's doors, did odds and ends for multiple mainline/restoration crews as laborer/loader operator. From Sunset Island to Biscayne Point became restoration foreman full time.Once Biscayne Point ended went to Alton Road became mainline I restoration forman laying 30",RCP drainage, including trench patching, built storm water pump station on 10th street. Started Hollywood Neighborhood water main improvement for 8/12"pvc pipe with rear to front service conversions. Ft Lauderdale GTL grit chamber improvements. EXPERIENCE MIAMI BEACH 54" DIRECTIONAL DRILL also worked many short spurts on major FDOT crossings first at 72nd street, and then 88th.Without Onsite 7 days a week, coordinating mud removal from drill rig oversaw drilling pressure relief wells along the route, restored Onique started working for Ric Man Intl as a laborer on a once the drills were completed, oversaw the cleaning of the restoration crew under David Mancini SR,when David Mancini internal pipe via airlift dredging. Oversaw delivery and fusing SR left Ric-Man Intl and started DMSI, Onique left with David of 54"HDPE. Sr to help build DMSI to what it is today. MIAMI AVE:48" PCCP FORCE MAIN 13,100 FT Onique's official position was Foreman but truly acted as Superintendent. In charge of ordering materials, developing MOT plans, managing ultra-small footprint for large diameter installation through Miami's Midtown and Wynwood Districts. Designing pipe alignment through heavily infested utilities corridor when conflicts arose.Also installed around 2000 feet 12"watermain VIRGINIA KEY/FISHER ISLAND Onique gained tunnel tie in experience through installing the vertical 48"pipe inside the shafts,to connect from the tunnel to the tie in points with 90 degree bends.While also building the 36" bypass on the last 1,000 ft of large diameter FM feeding directly into Central District Wastewater Treatment Plant. AREA N Onique gained valuable experience installing a 48" Transmission WM under SFWMD C-2 Canal. This project consisted of extremely hard rock, installation of PCCP watermain 25 feet underwater on an 100-foot wide canal, utilizing 2 large excavators,while also designing the tie in and closing on the existing pipe from another DMSI crew. Onique DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 • RYAN KALTZ Experience: Pipeline Superintendent Certs: OSHA 30, CPR/First Aid, OSHA Confined Space Ryan Kaltz has spent most all of his life working for the Mancini Family. He is 3rd generation, his grandfather used to make push rings for the tunnels in Michigan. His father, Daryl, Started working for Richard Mancini, founder of Ric-Man Michigan in 1983. In 2000, Ryan got his first job working for Ric-Man Michigan. First sweeping the floors and picking tools up after the other tradesman. In 2008, Ryan moved to Miami Beach, FL and started working for David Mancini Sr. at Ric-Man, Intl. He started as a laborer installing water services, soon after becoming foreman installing vacuum sewers in the Florida Keys, lift stations and laterals in Broadview Park, overseeing milling and paving operations along SR-441, and multiple water and drainage installation projects. During the 2010 reorganization of Ric-Man, INTL. Ryan left and came to work for David Mancini at DMSI as a Mainline I Project Closeout Foreman. He became acting Superintendent on the recent projects of: Seaboard Pump Station, Convention Center Pump Station, and Area N 48"WM. He has proven knowledge in the underground construction market. EXPERIENCE KEY LARGO—2008 CRESPI DRAINAGE IMPROVEMENTS • Vacuum Sewer Installation Built pump station and installed pumps • Testing • Restoration 11TH STREET MIAMI BEACH IMPROVEMENTS • Watermain/Storm Sewer/Forcemain Improvements BROADVIEW PARK—2009 • Raising Road Elevation • Well pointing • Lift Stations CONVENTION CENTER PUMP STATION—2016 • Sanitary Sewer/Laterals • Install two 35'deep pollution control structures in • Drainage Installations cofferdam • ROW to ROW Restoration. • Install multiple large concrete structures • Install 96" RCP connections between structures CITY OF SURFSIDE—2010 • Clean and complete inspections • Water/Drainage Installation • Coordinate with subcontractors • Water Service/Meter Replacements • Sewer Point/Lateral Repairs SEABOARD PUMP STATION -2017 • Install a 20'x 50'concrete structure via Caisson SWEET WATER PUMP STATIONS method in rock • Clean and Build Pump Stations • Demolition and replacement of storm water pump • Oversee inspections and close out project station • Coordinate with subcontractors VIRGINIA KEY TUNNEL SHAFT • Ordering materials • Ring Beams, Concrete work for thrust wall and tunnel seal AREA N 48"WM -2018 THRU 2020 • Oversee day to day activities ALTON ROAD MIAMI BEACH -2013 • Set up MOT • RCP Drainage and Water Main installation • Review plans for constructability • Pump Station Installation • Cross major roadways (SR-94/SR986) • Oversee cleaning and inspection operations • Install the C-100 Canal crossing (25 ft underwater) DAVID MANCINI&SONS,INC. DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 1\4 i D, , DAVID MANCINI & SONS, INC. Miami Beach Convention Center Stormwater. IrTga.447:„" „-7,11/1"»,:t tvc. ...,.... .r.::, ....t _,„„var,..._,A „.! a• atm Y osy .a pA r sµJ. i , .--. ' ( ,--41 .1.,- -•,,,s. ,-,,,„.. ... - 7-, .,_*--/-, . - a Naitt.,„,-..,, ,.,........„ ,,,...... .....,,„, ,, ,„„_:___, _ ! ,. . ,.._...., 4 i' ,.-• '''1:. ,..., — .—.iiiw----.....” .41. '-' l'. � rs. ".^" ""r, ,� _f .� ,,, ,,. , ...,...... ., . .,.., . . c, . .. . ,.. ._, . .. .. , , . , __ _.. _ ,__ __ . .. , .. _ _ ._ __ , . .... ... Crespi Blvd Water Main Project. f "�441 . ,� . . _ t'l'' la '•- 0 �' i$ 4 , , , . .,=. „,,, : yi.,,.. ,p I I Y ,i t.,0, ..1 41 ii ,,,4 i 4V . DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 APPENDIX A Bid Price Form (Al MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Bid Price Form (Al) Page 1 of 1 FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION. The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization, overhead and profit, insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. In the event of arithmetical errors between the division totals and the total base bid, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. LUMP SUM GRAND TOTAL (TOTAL BASE BID AMOUNT IN FORM B2, Section A and Section B) $ 'Allowance for Trench Safe Act $25.00 City Of Miami Beach Building_De•artment Permit Allowance $12,500.00 GRAND TOTAL (LUMP SUM GRAND TOTAL + TRENCH SAFETY + PERMIT ALLOWANCE) $ 1-Il , C125. o0 'See Section 0100, Sub-section 19. Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains;that this Bid is made without connection or arrangement with any other person;and that this Bid is in every respect fair and made in good faith,without collusion or fraud. The Bidder agrees, if its Bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the Bid pertains. Bidder: . David Mancini.&Sons. Inc. Authorized Agent Name: David Mancini Authorized Agent Title: President Authorized Agent Signature: DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 APPENDIX A Schedule of Values (A2) MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Schedule of Values (A2) Page 1 of 1 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. SECTION A—BIDDERS PRICE(SITE):, Item Description Estimated Unit Unit Cost Total Division No. Quantity Cost Mobilization/Demobilization(Insurance, 1.1 Survey, Permit, Staging, etc.) 1 LS $230,000.00 $230,000.00 1.2 Water Based Equipment(Barge) 1 LS $50,000.00 $50,000.00 Removal of existing Timber Boardwalk Structure(Include decking,stringers, beams,fascia, connections, cleats and all ancillary components. Include cross 2.1 bracing. Pile to be completely extracted, 1 LS not cut below mudline. Includes allowance of up to 4 Mooring Piles for barge access). Includes removal of existing floating docks. $40,000.00 $40,000.00 Removal of existing Seawall Concrete Cap and Sidewalk. Includes capping of 2.2 existing outfall pipe.(Include sidewalk, 100 LF concrete cap,and first course of masonry. Reference Plans) $260.00 $26,000.00 Procurement, delivery and Installation of 3.1 12"x12"Concrete Piles(Includes vertical 22 EA and battered piles) $7,000.00 $154,000.00 Procurement,delivery and installation of 3.2 9°x10'Concrete Panels 10 $6,500.00 $65,000.00 Construct Seawall Concrete Cap 3.3 (Include concrete,forming, installation, 19 CY reinforcing and all ancillary components). $1,500.00 $28,500.00 3.4 Riprap Installation(Includes filter fabric) 128 TN $300.00 $38,400.00 3.5 Sand/Gravel Fill 8 CY $1,500.00 $12,000.00 Proposed Retaining Wall(Include 3.6 foundation,wall, reinforcing,forming, 20 LF installation,and ancillary.components) $1,500.00 $30,000.00 3.7 Turbidity Barrier 120 LF $100.00 $12,000.00 3.8 Protection of Existing Structures 1 LS $1,500.00 $1,500.00 3.9 Vibration Monitoring 1 LS $12,000.00 $12,000.00 SECTION A—SITE SUBTOTAL $699,400.00 Bidder:David Mancini&Sons,Inc. Initials: DV_1 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 ii APPENDIX B NA I ANA I B EAC H Pre-Award Forms MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. B1 Bid Bond DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 BID BOND (B1) Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS,that we David Mancini&Sons, Inc. as Principal,hereinafter referred to as Contractor,and r v o A and�ureri, as Surety,are held and firmly bound unto the City of Miami Beach, Florida, as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent(5%)of the Contractor's Base Bid amount of$'Rve Pence t fAmt..Bid (5%)— lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor,materials,equipment,machinery,tools,apparatus,means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications,and any Addenda thereto,for the following solicitation. Bid No.: 2021-018-DF Title: Madeleine Village Apartments Seawall Replacement WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check,certified check, or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Contractor would,if awarded the Contract,enter into a written Contract with the City for the performance of said Contract,within ten(10)consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor within ten (10) consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds,satisfactory to the City,each in an amount equal to one hundred percent(100%) of the Contract Price, and provides all required Certificates of Insurance,then this obligation shall be void;otherwise the sum herein stated shall be due and payable to the City of North Miami and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America,as liquidated damages for failure thereof of said Contractor. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 ( BID BOND (B1) Page 2 of 2 IN WITNESS WHEREOF,the said Principal and the said Surety have duly executed this bond the 21st day of January 20 21 , ATTEST: PRINCIPAL: David_Mancini&Sons„Inc. (Cont to a Signature -t� Signature . �/�v�n MANLi i LJY. 'w c M Atv Alt Print Name JJ I Print Name(Principal) V,Le -P�•edinen / S•2CY cAm ?res°o elv +" Title Title COUNTERSIGNED BY RESIDENT FLORIDA SURETY: AGENT 'F• RET' r Travelers Casualty and Surety Company of America Signa ire (Surety Name) Angelos- servos Tamaria R.Pittman Print Name Atto •in-Fact(Print Name) DO 4,oP Signatur (CORPORATE SEAL) (Power of Attorney must be attached.) DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 Travelers Casualty and Surety Company of America h, Travelers Casualty and Surety Company TRAVELERS J St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies%,and that the Companies do hereby make,constitute and appoint Tamarla R Pittman of SOUTHFIELD Michigan , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. 11/44 State of Connecticut .. _ City of Hartford ss. Robert L Rana ,.eniorVice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 a 4$S' _ _ MUD Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice • President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of Indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President.any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 21st day of January , 2021 7Y Q -•:0/. t. '. >•sti f n E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880 Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 APPENDIX H MIAMI BEACH REQUIRED FEDERAL FORMS (PRE-AWARD WITH BID SUBMISSION) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25)and its implementing regulations at 41 CFR Chapter 60.The implementing rules and regulations provide that any bids or prospective contractor,or any of their proposed subcontractors,should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED. CERTIFICATION BY BIDDER BIDDER'S NAME: David Mancini&Sons.'Inc. ADDRESS: 1401 N.Miami Avenue.Shite 213/214.Miami_FL 33127 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes X No 2. Compliance reports were required to be filed in connection with such contractor subcontract. Yes X. No 3. Bidder has filed all compliance reports due under applicable instructions,including F.100. Yes -X No If answer to item 3 is"No",please explain in detail on reverse side of this certification. MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. • DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE Name of Project: Madeleine Village Apartments Seawall Replacement Amount of Contract:$ 530.000.00 Prime Contractor: David.Mancini.&Sons. Inc.. Address: 3401 N.Miami Avenue.Suite 21.3/214.Miami.FL 33127 Will you hire new employees as a result of this contract? Yes[j Complete form BIDDER'S INITIAL SECTION 3 GOALS No N Complete form SECTION 3 UNAVAILABILITY CERTIFICATION Background: Section 3 of the Housing and Community Development Act of 1968,as amended,requires that when employment or contract opportunities are generated because of a project or activity undertaken by a recipient or HUD financial assistance necessitates the employment of additional personnel through individual hiring or the awarding of contracts for the work,the recipient must give preference in hiring low and very low-income persons.Section 3 requires that recipients not only include low and very low-income persons in their recruitment and solicitation efforts,but that,in fact,extra or greater efforts be undertaken to make these persons aware of the existence of economic opportunities, encourage their application for these opportunities, and facilitate the employment or, or award of contract to these persons. A Section 3 resident is defined as: • A public housing resident:or • An individual who resides in the metropolitan county in which the Section 3 covered assistance is expended and who is:(1)a low-income person;or(ii)a very low-income person Check all that apply: Refer to the Income Limits Chart for Miami-Dade County below to determine if your total household income is at or below the low-income limit depending upon the total number of persons residing in the household. ❑ Your business is at least 51%or more owned by Section 3 residents. ® At least 30%of your permanent,full-time workforce employees are comprises of current Section 3 residents. ® At least 30%of your permanent,full-time workforce employees who within the 3 years of employment with your business were Section 3 residents. MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Your business will provide evidence of a commitment to subcontract in excess of 25%of the dollar award of all subcontractors for building trades to be awarded to businesses which meet the above qualifications. ElMy business does not meet any of the above qualifications and I cannot commit to subcontract in excess of 25%of the dollar award of all subcontractors for building trades to be awarded to businesses which do meet the above qualifications. 2020 Income Category for Miami Dade County FY 2020 Median FamilyFY 2020 Persons in Family Income Limit Income Income Limit Category 1 2 3 4 5 6 7 8 Area Explanation _ Very Low (50%) Income 32,000 36,600 41,150 45,700 49,400 53,050 56,700 60,350 Limits ($) Miami- Miami i Explanation Beach- 4 Extremely Kendall, $59,100 ! Low Income FL HUD I Limits ($)' 19,200 21,950 24,700 27,400 30,680 35,160 39,640 44,120 Metro FMR Explanation Area { Low(80%) Income Limits ($) 51,200 '58,500 65,800 73,100 78,950 84,800 90,650 96,500 Explanation MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 .- BIDDER'S INITIAL.SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968. 2. The Bidder estimates that there will be I new employees hired during the performance of this contract.Furthermore,should this contract be let to the Bidder,the Bidder agrees to delineate work force needs(skilled,semi-skilled,unskilled,labor and trainees)by category. 3. Of these new employees,the Bidder plans to hire at least' -30 % (percent) from the Section 3 Covered Area(Miami-Dade County).THE MINIMUM NUMERICAL GOAL FOR EMPLOYMENT OF SECTION 3 RESIDENTS IS THIRTY (30) PERCENT OF THE AGGREGATE NUMBER OF NEW HIRES ANNUALLY. PLEASE NOTE THAT ANSWERING ZERO (0) PERCENT TO THIS QUESTION NO. 3 SHALL DEEM THE BIDDER NON-RESPONSIVE. I, David.Mancini (please print), as an Authorized Officer of the Bidder,do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968 and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract;the Office of Housing and Community Services will monitor the project to assure compliance with this plan. Company Name:. David Mancini&Sons,Inc. _. Company Address: 340.1 N.Miami.Avenue-,.Suite.213/214.Miami, FL 33127 27-3716806 Employer Federal ID# David ManciniPrinted Name Signature 01/21/2021 Date MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 SECTION 3 UNAVAILABILITY CERTIFICATION I David Mancini. President (Title) Of David Mancini&Sons, Inc _ (Prime Contractor) Certify that the undersigned does not have any entry-level jobs available.However,should such jobs become available during the project period,the undersigned agrees to accept referrals from CareerSource/referral agency to interview these referrals for the available positions. (If incorporated sign here) ATTEST David Mancini&Sons, Inc. CONTRACTOR By iri :° ,Secretary(CORPORATE David Mancini Jr. Davi Mancini • SEAL); • " • (If not incorporated sign here) WITNESSES: David Mancini&Sons,Inc. CONTRACTOR (I) By .PA.F-”AMA &UGlr P MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY David Mancini&Sons,Inc. Madeleine Village Apts'Seawall Replacement Name of Prime Contractor Project No./Project Name This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25)and its implementing regulations at 41 CFR Chapter 60.The implementing rules and regulations provide that any bids of prospective contractor,or any of their proposed subcontractors,should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS submitted. SUBCONTRAC'OR'S CE.RTIFIC_"TION. SUB-CONTRACTORS NAME: SUB-CONTRACTORS ADDRESS: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No 3. Bidder has filed all compliance reports due under applicable instructions,including SF. 100. Yes No 4. If answer to any item is"No",please explain in detail below or attach a piece of paper if needed. Certification-The information above is true and complete to the best of my knowledge and belief. Print Name Signature Date MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. • Doo`Sign Envelope ID:C09D7B00-6DCB 49F5469759 I ^FC712D6C6955.. �g Business As:DAVID MANCINI&SONS,INC,Certified General Contractor 4:55:53 PM 2242021 Licensee Details Licensee Information Name: MELEHAN, FRANCIS PATRICK (Primary Name) DAVID MANCINI &SONS, INC(DBA Name) Main Address: 26124 N TURKEY CREEK ROAD EVERGREEN Colorado 80439 License Mailing: License Location: License Information License Type,: Certified General Contractor Rank: Cert General License Number: CGC1506008 Status: Current,Active Licensure Date: 08/21/2003 Expires: 08/31/2022 Special Qualifications Qualification Effective Construction Business 08/02/2019 Alternate Names • View Related License Information View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399:: Email: Customer Contact Center:: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Cogv fight 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. https://uwvw.myfloridalicense.com/LicenseDetail.asp?SID=&id=FD9D70466F50CFA49E720F2599FED976 1/1 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Flores, Danny From: Alejandro Mejia <amejia@dmsi.co> Sent: Friday, February 26,2021 11:52 AM To: Flores, Danny Cc: Granado, Rafael; Bids Subject: RE: Re; ITB 2021-018-DF Responsiveness [THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS] Good Morning, Please see requested clarification below: FEDERALLY FUNDED PROJECT—FEMA-ALICE WAINWRIGHT SEAWALL IMPROVEMENT 1)Client's Name:CITY OF MIAMI CAPITAL IMPROVEMENTS 2)Contact Name,Telephone&Email: KEITH NGUYEN,305-619-2368, KeithNg@miamigov.com 3) Project Address: 2651 BRICKELL AVE, MIAMI, FL 4) Narrative on Scope of Services Provided: INSTALLATION OF APPROXIMATELY 1200 FT OF SHEET PILING, DEMOLITION OF EXSIITNG CONCRETE SEAWALL CAP, INSTALLATION OF 1200 FT OF CAST-IN-PLACE CONCRETE CAP, BACKFILLING, GRADING, RIP RAP INSTALLATION, LANDSCAPING, BAYWALK, FURNITURE AND LIGHTINING 5)Contract amount and completion date:$5,856,446.54 SEAWALL SHEET PILING COMPLETED February 2021 6) Describe experience with federally funded project reports. 6A-ASSISTED THE CITY'S PROJECT MANAGER WITH THE DAILY REPORTS REQUIRED 6B-PROVIDED DAILY PICTURES AND REPORTS 6C-LISTED DAILY PROGRESS 6D-PROVIDED ALL INVOICES PAID TO DATE 6E-PROVIDED UPDATES ON PROJECT SCHEDULES DMSI'S PERSONNEL EXPERIENCE WITH FEDERALLY FUNDED PROJECT REPORTS 1) DMSI personnel has previous experience with Federal Compliance Requirements such as: Davis-Bacon,Certified Monthly Payroll Reports, Minority Business Goals, Environmental Compliance, Required Onsite Posters with Federal Standard Provisions. IMPACT FEES AND FLORIDA INLAND NAVIGATION DISTRICT FUNDED-SPRING GARDEN SEAWALL CONSTRUCTION 1) Client's Name:CITY OF MIAMI CAPITAL IMPROVEMENTS 2) Contact Name,Telephone&Email, KEITH NGUYEN 305-619-2368, KeithNg@miamigov.com 3) Project Address,601 NW 7TH ST RD, MIAMI, FL 4) Narrative on Scope of Services Provided: INSTALLATION OF APPROXIMATELY 360 FT OF SHEET PILING, DEMOLITION OF EXSIITNG CONCRETE SEAWALL CAP, INSTALLATION OF 360 FT OF CAST-IN-PLACE CONCRETE CAP, BACKFILLING, GRADING, RIP RAP INSTALLATION, LANDSCAPING AND BAYWALK 5)Contract amount and completion date,and$1,461,692.54 SEAWALL COMPLETED January 2021 6) Describe experience with federally funded project reports Regards, 1 DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 Alejandro Mejia QS J David Mancini & Sons, Inc. 3401 N.Miami Avenue, Suite 213/214 Miami, Florida 33127 Cell: (786)-774-2477 amejia@dmsi.co From: Flores, Danny<DannyFlores@miamibeachfl.gov> Sent:Thursday, February 25,2021 9:45 AM To: Bids<bids@dmsi.co> Cc:Granado, Rafael<RafaelGranado@miamibeachfl.gov> Subject: Re; ITB 2021-018-DF Responsiveness Good Morning, In order to further evaluate your firm's proposal please clarify how your submittal response complies with the following requirement: Previous Experience of Bidder(Firm).Bidders must have successfully completed at least one(1)federally funded project of similar scope to include seawalls replacement or construction,with similar budget,within the last five(5)years. Submittal Requirement: For each project,submit: 1)Client's Name,2)Contact Name,Telephone&Email,3)Project Address,4) Narrative on Scope of Services Provided,5)Contract amount and completion date,and 6)Describe experience with federally funded project reports. Please provide the clarification no later than tomorrow,2/26/2021 at 12pm ET. Thank you, MIAMIBEACH Danny Flores, CPPB- Procurement Contracting Officer I City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd floor, Miami Beach, FL 33139 Tel: 305-673-7000 ext.26652 I Mon-Fri.8 am-4:30 pm www.miamibeachfl.gov_ A,Please consider the environment before printing this e-mail. • 2 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 BIDDER: DMS- DAVID MANCINI d —_�— & SONS, INC. 3401 N. Miami Avenue, Suite 213 / 214 Miami, Florida 33127 BID FOR: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 BID NAME: Madeleine Village Apartments Seawall Replacement BID No./Project No.: 2021-018-DF DUE DATE & TIME: Thursday, February 11, 2021 at 3:00 PM BID OPENING LOCATION & TIME: Thursday, February 11, 2021 at 3:00 PM Via Conference Call Only (1)Dial the Telephone Number: +1 786-636-1480 (2)Enter the Meeting Number: 364 040 917# David Mancini&Sons,Inc.•General Contractor and Underground Utility&Excavation Contractor•Phone:(954)977-3556•Fax:(954)944-2040 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 TABLE OF CONTENTS TAB A. BID SUBMITTAL QUESTIONNAIRE ADDENDA NO.01 ADDENDA NO.02 ADDENDA NO.03 1 TAB B MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS TAB C BID PRICE FORM BID BOND-EXECUTED TABD SCHEDULE OF VALUE FORM PRE-AWARD FORMS DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 DPX Form Supplier Response Form BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 -BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2021-018-DF Madeleine Village Apartments Seawall Replacement BIDDER'S NAME: David Mancini&Sons,Inc NO,OF YEARS IN BUSINESS: 10 NO.OF YEARS IN BUSINESS LOCALLY: NO.OF ELIPLOYEES: 100 10 OTHER NAMES(BIDDER HAS OPERATED UNDER LA THE LAST IB YEARS. BIDDER PRIMARY ADDRESS(HEADOUARTERS): 2601 Wiles Road cm: Pompano Beach STATE Florida ILP CODE` 33073 TELEPHONE NO: 954-977-3556 TOLL FREE NO: FAX NO: 954-944-2040 BIDDER LOCAL ADDRESS: 3401 N.Miami Avenue,Suite 213/214 cm: Miami STATE: Florida OP CODE 33127 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT David Mancini Jr • ACCOUNT REP TELEPHONE Na: 754-264-9594 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: bids@dmsi.co FEDERAL TAX IDENTIFICATION NO.: 27-3716806 • By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this solicitation,all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto;b)to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the bid pertains;and I)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: David Mancini Jr, Vice-President&Secretary https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire=_CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 1/9 • DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 LI I ILDPX Form VL 1 SECTION 2-ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation,the City may release one or more addendum to the solicitation,which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this,solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to -Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt DM Addendum 1 _Addendum-6 _ Addendum 11' �pq Addendum 2 Addendum 7 Addendum 12 M Addendum 3 • Addendum 8 Addendum 13 - • Addendum 4 Addendum 9 Addendum'14 Addendum 5 Addendum-10- Addendum 15 SECTION 3— $1 • 1.Provide the names of each owner(stockholder, sole proprietor,and partner), director,or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type 60 David Mancini President 20 David Mancini Jr _ , Vice-President&Secretary 20 Richard Mancini Vice-President 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2021-018-DF Project Title Madeleine Village Apartments Seawall Replacement Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Eugene Egemba,P.E.,Civil Engineer III Address: 1700 Convention Center Drive,Miami Beach,FL 33139 Telephone: 305-673-7000 Ext 67 Contact's Email: EugeneEgemba@miamibeachfi.gov Narrative on Scope of Services Provided: Crespi Blvd Project consist of a WM replacement, new Storm water System, and the Construction of a new seawall and the installation of outfall. https:/lwww.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_- CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 2/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 1/LVL I DPX Form Reference No.2 Firm Name: City of Miami Beach Contact Individual Name and Title: Giancarlo Pena,P.E.,CGC.Civil Engineer III Address: 1700 Convention Center Drive,Miami Beach,FL 33139 Telephone: 305-673-7000 Ext 63 Contact's Email: GiancarloPena@miamibeachtl.gov Narrative on Scope of Services Provided: MBCC Pump Station consisted in the construction of a storm water system and a Pump Station. Included 175ft of new seawall, and the installation of manatee grates. Reference No.3 Firm Name: City of Miami Contact Individual Name and Title: Valentine Onuigboh,CIP Sr.Project Manager Address: 444 SW 2nd Avenue,Miami,FL.33130 Telephone: 786-477-9817 Contact's Email: vonuigbo@miamigov.com Narrative on Scope of Services Provided: Spring Garden Point Park Seawall & Kayak consisted of a bulkhead replacement of approximately 360 LF along Seybold canal and along Miami River. A portion of the revetment adjacent to the kayak ramp was Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? O YES 4 NO If yes,why? 4. Have any owners,directors, officers,or agents of the applicant company had a license revoked during the last five(5)years? YES Q NO If yes,why? https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire__CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 3/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form 5.Is the applicant company currently barred b a govemnierital agency;from bidding work as a prime or subcontractor? O YES I ® NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed,or paid for completion,:of a project on,behalf of the applicant company,within the last five(5)years? • YES ea NO If yes,why? • 7. Has the applicant company or any of its:owners;directors, officers, or agents been convicted of a crime or had a claim that was filed In a court and mediated or arbitrated during the fast five(5 years? O YES tg NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? O YES I Q NO If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary,or holding company for another construction company? ' O YES si NO If the answer is"yes,'identify the company,and type of rtilptiunnstibis);below: Company Type of affiliation(parent or subsidiary) Period of affiliation • 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? O YES NO If the answer is'yes,"provide the.fodrn:ing information for each individual and the affiliated company: Period of Type of affiliation(e.g. Individual's name Affiliated company's name affiliation officer,director,owner or employee) • https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire _CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 4/9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 DPX Form I I __ L_ I 11.Is the applicant company currently.the debtor in a bankruptcy case or file for bankruptcy during the last five(5)years? YES a NO If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12.Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer,or agent filed for or been discharged in bankruptcy within the past five(5) years? O YES O NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. • 13. Has any owner, director,officer, or agent of the applicant company owned or managed a construction company under any other name in the last five (5) years? O YES NO If yes,explain. • 14.Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or privately owned? O YES 5 NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to construction activities of a business organization? O YES Eil NO If yes,explain. 16.Has the applicant company or any of its owners,officers,or partners ever been convicted(criminal)or found liable (civil) for making either a false claim or material misrepresentation to any.public agency or entity? O YES ® NO If yes,explain. 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? DYES I INO https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire___CONSTRUCTION_11.13.20 8674272.htm?ac=supresponse&auc=2066932&do... 5/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 DPX Form I 1 If yes,explain. } 18.Is any officer,director,employee or agent,or immediate family member(spouse,parent,sibling,and child)of any officer,director,employee or agent,an employee of the City of Miami Beach? E YES 51 NO If yes,state name,title and share of ownershi. Name Title Share(%)of Ownership 19.Has the applicant,or any officer,director,employee or agent,contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES 0 NO If es,list name first and last name)of individuals;ocu..ton;amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 8 9 20.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined In Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? tg YES O NO 21.Is the applicant a small business concern owned and controlled by a veteran(s)(certified by the State of Florida Department of Management Services or a service- disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). ❑ YES NO Certifying Agency Certification Type 22.Equal Benefits for Employees with Spouses and Employees with Domestic Partners.Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than$100,000 to provide"Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? ® YES O NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? 0 YES NO https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire=_CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 6/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified.Note:some benefits are provided to employees be ( they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Firm Provides for Employees Firm Provides for Employees BENEFIT with Spouses with Domestic Partners Firm does not Provide Benefit Health , x x Sick Leave x x Family Medical Leave x x Bereavement Leave x x 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES 0 NO If yes,explain. 24.Financial Capacity.When requested by the City,each bidder shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the City.No proposal will be considered without receipt by the City,of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at: iitps:tlsuppl portal.dnb.com/webappMCSIstoresfsendetISupplie-Portal?storeld=11fi96. Bidders are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800.424-2495. At time of request bidder shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant.loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shalt require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,ff any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 etseq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: David Mancini Jr. Vice-President&Secretary 25.Suspension And Debarment Certification The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the Contractor,its principals(defined at 2 C.F.R.§ 180.995),or its affiliates(defined at 2 C.F.R.§180.905)are excluded(defined at 2 C.F.R.§180.940)or disqualified(defined at 2 C.F.R.§180.935). (2)The Contractor must comply with 2 C.F.R,pt.180.subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C, in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F,R,pt.180,subpart C and 2 C.F.R.pt.3000.subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: I Title of Bidder's'Authorized Representative: I https://www.bidsync.com/DPXViewer/Bid Submittal_Questionnaire__CONSTRUCTION_11.13.20 8674272.htm?ac=supresponse&auc=2066932&do... 7/9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DPX Form IDavid Marit Vice-President&Secretary https://www.bidsync.com/DPXViewer/Bid Submittal_Questionnaire=_CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=2066932&do... 8/9 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 Li 1/LUL 1 DPX Form { Please enter your password below and click Save to update your response. Please be aware that typing in your password acts as your electronic signature,which is just as legal and binding as an original signature.(See lildctruitic SignatttreS:itt Clohal and National'Commerce Act for more information.) To take exception: 1)Click Take Exception. 2)Create a Word document detailing your exceptions. 3)Upload exceptions as an attachment to your offer on BidSyncs system. By completing this form,your bid has not yet been submitted. Please click on the place offer button to finish filling out your bid. Usemame amejia@dmsi.co Password TakeExcention I ( Close jj *Required fields 3i { https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire= CONSTRUCTION_11.13.20_8674272.htm?ac=supresponse&auc=206693281do... 9/9 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 _ PROCUREMENT DEPARTMENT MIAMIBEACH 1755 Meridian Avenue,3rd Floor iMiami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.1 INVITATION TO BID NO. 2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT January 15,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on iiithu sda iEdb uary1.4002;1 Bid Opening Via Conference Call Only: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED IN RESPONSE TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov I Contact: Telephone: Email: Danny Flores 305-673-7000 ext. 26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. in-erely, Ale: e-nis • P P . ,rement Director 1 ADDENDUM NO.1 INVITATION TO BID NO.2021-018-OF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 MIAMI BEACHPROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 { www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT February 2,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND- TIME. The deadline for the receipt of bids is extended until 3:00 p.m:, on l iVe" n sdayll:lbnu ry 0 202,1"x. Bid Opening Via Conference Call Only: (1)Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED IN RESPONSE TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Si ce -ly,. i Alex D•nis Proc,reme Director I ADDENDUM NO.2 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 MIAMI B PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.3 INVITATION TO BID NO. 2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT February 4,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 p.m.,on Thursday, *F.ebru 1i1/120-2;10 Bid Opening Via Conference Call Only: (1)Dial the TELEPHONE NUMBER:+1 786-636-1480 (2) Enter the MEETING NUMBER: 364 040 917# Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. RESPONSES TO QUESTIONS RECEIVED: Q1: Please confirm if City plans to relocate residents during pile driving activities due to risk associated with suspended loads over an inhabited structure and excessive noise due to impact pile driving? Al: No. The City will not relocate residents during construction. Refer to response A2 below for noise level requirements. Q2:Will the City require noise monitoring.What limits and duration will be allowable? A2: Noise levels must be monitored for compliance to OSHA Standard 1926.52. The City will require noise monitoring on the property where construction is taking place, as well as the adjacent properties located on either side of the construction limits.The noise monitoring will take place during all construction related activities while the temporary noise permit is active. Per the Code of the City of Miami Beach, Florida Subpart A,Chapter 46,Article IV,Section 46- 156, the contractor will be able to apply for a temporary construction permit, which grants temporary exempt from noise that violates Section 46-152. In accordance with section 46-156, all residents shall receive adequate notice of expected increased noise levels, which should not proceed for longer than three consecutive days. Q3: Can the City provide owner's contact info for the potential canal side staging properties for contractors to request permission to use? A3: The City cannot provide any property owner's contact information. They City will act as liaison and the point of contact between the contractor and the residents. t t ADDENDUM NO.3 { INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 V ` A /� I A f v `/� I B E C H PROCUREMENT DEPARTMENT r r L_ I 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q4:Can the City provide width and height clearances of the three bridges on the canal? A4: Please see the Madeline Villas Seawall Assessment by Kimley-Horn, dated May 21, 2019 for observed bridge clearances.Please note that the heights stated in the report were measured in the field and not elevations based on survey or tidal data. These results are summarized below: Bridge Approximate Date and Time of Clearance (ft) Measurement { 85th St Bridge 9'-5" _..._ i' 9x52 am(5/18/2019) Pedestrian Bridge 9'-2" 10:15 am (5/18/2019) 77th Street Brid•e ' _____ _4'-7" . 10:30 am (5118%2019): Q5:Will the City provide employee parking on the street during construction? A5: Employee parking will not be provided by the City. A "Construction Parking and Traffic Management Plan"must be submitted as required by the CMB Building Department.The bidder is encouraged to arrange off-site parking for employees. Q6:Can the contractor maintain street side staging for materials and concrete deliveries? A6: Limited spaces, directly in front of the subject property, can be reserved on weekdays, during normal working hours.A Right of Way permit will be required. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov • Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective idd(erely, ers"questionnaire with the reason(s)for not submitting a proposal. i x enis ro rement Director 2 TADDENDUM N0.3 INVITATION TO BID NO.2021-018-DF MADELEINE VILLAGE APARTMENTS SEAWALL REPLACEMENT DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 State of Florida Department of State I certify from the records of this office that DAVID MANCINI & SONS, INC. is a corporation organized under the laws of the State of Florida, filed on October 20, 2010, effective October 20, 2010. The document number of this corporation is P 10000086044. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on January 29, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-ninth day of January, 2021 te —��,€.� ..; 1'fc� "V" ; KaelaWa-- Secretary of State Tracking Number:3342167917CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Detail by Entity Name D.VISION OF CORPOR:TIONS �lY ,1S)S f.0 '; .org �f.0;,.POR AVT10.0 t1I!O jicAIil.II J1t oof'Florida website Department of State / Division of Corporations / Search Records I Search by Entity Name / Detail by Entity Name Florida Profit Corporation DAVID MANCINI&SONS, INC. Filing Information Document Number P10000086044 FEI/EIN Number 27-3716806 Date Filed 10/20/2010 Effective Date 10/20/2010 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/23/2015 Event Effective Date NONE Principal Address 2601 Wiles Road Pompano Beach, FL 33073 Changed:02/03/2020 Mailing Address 2601 WILES ROAD POMPANO BEACH, FL 33073 Changed: 05/15/2017 Registered Agent Name&Address MANCINI, DAVID A 2601 WILES ROAD POMPANO BEACH, FL 33073 Address Changed: 05/15/2017 Officer/Director Detail Name&Address Title P MANCINI, DAVID 1875 N HIBISCUS DRIVE Miami, FL 33181 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?Inquirytype=EntityName&directionType=Initial&searchNameOrder=DAVIDMANCINI... 1/2 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955II f-A1L. Detail by Entity Name Title SECR i MANCINI , DAVID A,Jr. 1875 N.HIBISCUS DRIVE MIAMI, FL 33181 Title VP Mancini, David A,Jr. 1875 N HIBISCUS DRIVE Miami, FL 33181 Title VP MANCINI, RICHARD 2601 WILES ROAD POMPANO BEACH, FL 33073 Annual Reports Report Year Filed Date 2018 01/16/2018 2019 01/24/2019 2020 02/03/2020 Document Images 02/03/2020--ANNUAL REPORT View image in PDF format 01/24/2019--ANNUAL REPORT View image in PDF format 01/16/2018—ANNUAL REPORT View image in PDF format 05/15/2017—Reg.Agent Change View image in PDF format 02/02/2017—ANNUAL REPORT View image in PDF format 01/26/2016—ANNUAL REPORT View image in PDF format 10/15/2015—AMENDED ANNUAL REPORT View image in PDF format 03/23/2015--Amendment View image in PDF format 01/13/2015--ANNUAL REPORT View image in PDF format 09/30/2014--AMENDED ANNUAL REPORT View image in PDF format 01/17/2014—ANNUAL REPORT View image in PDF format 03/13/2013—ANNUAL REPORT View image in PDF format 02/24/2012--ANNUAL REPORT View image in PDF format 02/22/2011--ANNUAL REPORT View image in PDF format 10/20/2010--Domestic Profit View image in PDF format Florida Department of State,Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=DAVI DMAN CIN I... 2/2 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 — —— -p4y �s44) Ron DeSantis,Governor Halsey Beshears,Secretary t� it, . r< IoM Floridaw;-..'„,,,.,-iiti.,,,_,, ,...: -: r ,s, s STATE OF FLORIDA °` DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INaDUS;7RY:L14._ICENSING BOARD ''i t:15 ,vw-r'^-Pyr-� i' ' t:ti.- THE UNDERGROUND UTILITYI`&\EX:CAVATION CO�=H:ERE'N IS CERTIFIED UNDER THE PROVISIONS',OFt-HAPTER14'89FLORIDAr TATUTES a lr.5� �, 14.1 'i r m .,-,.' 1+I - —8, .r ilL:i..- -1--...;/11%;.-:, jr :td, Skier �r- � f� a --! .. - , m. ss--ei 3 • e r`t 7. r ) a, r4 a rti' , -a. `l. Il�� ''';''',Y, I r'"`IP irr- itri. r--+1 _ - M 1 NII, _I I_;�;DAVI D A �, Al ; ;':1DA6'ANI Di MANCI'NI =&SONS:, I'N;C is _:--� ci c 1hi Ili ii 11 " J a::,:-_-_,:inz, sJ!�'ff ,-cir fi `-` , +I , \ �'�:126010rWILES ROAD-� � 1- L./ a ;L'l;,}�r,..rx 1,,j `iDi�I,,'.- .POMPA,NO BEAC�/�HH,r, �3FL 33,,073r LICENSE NUMBERCUC044220 EXPIRATION DATE: AUGUST 31,2022 Always verify licenses online at MyFloridaLicense.com 0 I ..: 0 ;e� :J;+•i '; Do not alter this document in any form. . r 'ti•, z ` f,o` This is your license. It is unlawful for anyone other than the licensee to use this document. —DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 • a . i% Ron DeSantis,Governor 0,� Halsey Beshears,Secretary * r r� Florida .g. .,.......,,,,__,... r , „:„, ..,,,,, • STATE OF FLORIDA ' '' ''`-'`-" DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION „ -. ' CONSTRUCTION IN4DJJS=k-RYA LI ENSING BOARD THE GENERAL CONTR>AC`®R �E' E SIS CER II ED UNDER THE • ^� �± i A - PROVISIO, 5 O .. k APTBR4+ . LORIDA TTUTES et .-0---2::' * s . M" -:•_ kir � ° ,. . • _ :.,. i zip " « s.,kr...r 01 ,. ' '�,,L 'e r> 1 7.-IN. :I' j &. S0 N5, I'N '' 2 124!N TUR 'EYEK R®AD • L RGR, ,Icti iCO 8043• 4sic,Its -c ••,,, N 1 Vit' LICEN' ' JMB�ER CGG �R0irir 6008 " I ice°- EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com ' +`•• . -!:1-.5: Do not alter this document in any form. T„ o• This is your license. It is unlawful for anyone other than the licensee to use this document. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAULT,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY June 1, 2020 DAVID MANCINI & SONS, INC. 2601 WILES ROAD POMPANO BEACH, FLORIDA 33073 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due 4/30/2021. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, MINOR BRIDGES, ASPHALT RESTORATION, DIRECTIONAL DRILLING, PUMPS STATIONS, UNDERGROUND UTILITY (WATER & SEWER) . You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.) , by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, 46 l . 46e6- 7 Alan Autry, Manager Contracts Administration Office AA:cg www.fdot.gov DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Local Business Tax Receipt LBT Miami—Dade County, State of Florida -THIS IS NOT A BILL-DO NOT PAY 7287651 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7576284 EXPIRES DAVID MANCINI&SONS INC SEPTEMBER 30, 2021 3401 N MIAMI AVE#213 MIAMI,FL 33127 Must be displayed at place of business E reek 0. Pursuant to County Code Chapter 8A-Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT DAVID MANCINI&SONS INC 196 GENERAL BUILDING BY TAX COLLECTOR C/O MANCINI DAVID PRES CONTRACTOR 45.00 09/15/2020 Worker(s) 7 CGC1506008 ECHECK-20-244821 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,ora certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles-Miami-Dade Code Sec 8a-276. n®ZE Far more information,visit www.miamidade.eav/taxcollector DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 Local Business Tax Receipt L. B T Miami—Dade County, State of Florida —THIS IS NOT A BILL—DO NOT PAY 6748702 RECEIPT NO. RENEWAL BUSINESS NAME/LOCATION 7437899 EXPIRES DAVID MANCINI&SONS INC SEPTEMBER 30, 2021 3401 N MIAMI AVE STE 213/214 MIAMI,FL 33127 Must be displayed at place of business E. Pursuant to County Code Chapter 8A—Art.9&10 nc Q. 'ori OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED DAVID MANCINI&SONS INC 196 SPECIALTY BY TAX COLLECTOR C/O DAVID MANCINI PRES ENGINEERING NTRACT 240.00 09/15/2020 Worker(s) 75 CUC0442 ECHECK-20-244821 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles—Miami—Dade Code Sec 8a-276. M®� For more information,visit www.miamidade.govftaxcollector DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416- 1918. Favor de tomar nota que este Recibo de Impuesto para Negocio se vence el 30 de Septiembre de alio indicado. Asegurar la renovacion para el 1 ro de Octubre es la responsabilidad del negocio. Para más informacion puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa pou li renouvle-I Pwemie Oktob kap vini. Si ou bezwen plis enfomasiyon sou zafe sa , pa bliye rele nan (305) 416-1570 ou byen (305)416-1918. POST THIS DOCUMENT IN A CONSPICUOUS PLACE. THIS IS NOTA BILL - i -n f—s �: ri—^NOT TRANSFERRABL-E--•OR—VALID—AT ANOTHER--ADDRESS C UNLESS APPROVED `BY THE FINANCE DEPARTMENT. DO NOT PAY CITY OF MIAMI 444 S-Vll2 AVE 6TH:FLOOR, MIAMI, FL 33130, PHONE(305)416-1918. Effective Year Oct. 1 2020 Titre Sep.;30 2021 RECEIPT FOR DAVID MANCINI AND SONS,INC: This issuance of a business tax receipt does not -- - --- permit the holder to violate any zon'ng laws of the. TOTAL FEE PAD 131:Ofl. City nor does it exempt the holder from any license ISSUED Oct 01„2020 or permits that may be requiredby law. This document does not constitute a certification that the holder Is qualified to engage in the business,profession or occupation specified hemin. The document indicates payment of the business - - tax receipt only. ACCOUNT NUMBER 149106 RECEIPT NUMBER 178081 NAME OF BUSINESS DAVID MANCINI AND SONS,INC: DBA LOCATION 34,01 N MIAMI AV 213 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: ADMINISTRATIVE OFFICE Adele..Valencia Code Compliance Director DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 sir DAVID MANCINI &SONS,INC February 4, 2021 RE: Financial Statement To Whom It May Concern: We at David Mancini & Sons, Inc. would like to thank you for the opportunity to serve the the City of Miami Beach; however, our financial statement is proprietary and confidential and therefore,we do not wish it be made public. Our financial records are available for your appropriate staff to review at our accounting office in Pompano Beach, FL. Please advise us 48 hours in advance. If you have any questions regarding our financial information, please feel free to contact our Controller, Kimberley Weldon at(954) 977-3556. Sincer- er Da* d-fancini, President David Mancini &Sons, Inc. David Mancini&Sons,Inc.•General Contractor and Underground Utility&Excavation Contractor•Phone:(954)977-3556•Fax:(954)944-204 DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 TRAVELERS Christopher J.Ashley Senior Account Underwriter Bond&Specialty Insurance 1441 W.Long Lake Road,Suite 300 Troy,MI 48098 248.312.7953 866.216.5992(fax) cashley@travelers.com February 01,2021 Re: Bonding Capability Letter To Whom It May Concern: We are pleased to share with you our experience as surety for David Mancini& Sons, Inc. We consider David Mancini & Sons, Inc. one of our outstanding and most valued clients in whom we have the highest confidence. Through the years this company has, in our opinion,remained properly fmanced,well equipped and capably managed. Travelers Casualty and Surety Company of America ("Travelers")1 is prepared to give favorable consideration to the execution of contract performance and payment bonds running to the Owner, in association with the above captioned project. David Mancini & Sons, Inc. currently has a$35,000,000 single/$75,000,000 aggregate work program. Please note that the decision to issue performance and payment bonds is a matter between David Mancini & Sons, Inc. and Travelers, and will be subject to our standard underwriting at the time of the final bond request,which will include but not be limited to the acceptability of the contract documents, bond forms and financing. We assume no liability to third parties or to you if for any reason we do not execute said bonds. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Christopher0.14,1:04)Ashley Travelers is an A++ (Superior) A.M. Best rated insurance company (Financial Size Category XV ($2 billion or more)). DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 1 EQUIPMENT TYPE Description Make Model Year Serial Number 7 AIR COMPRESSOR AC185A AIR COMPRESSOR SULLAIR 185DPQCAT 2011 201101040026 SN AC200B AIR COMPRESSOR SULLAIR 200HDPQCAT 2016 201608240035 AC200C AIR COMPRESSOR SULLAIR 200HDPQCAT 2016 201608220006 AC375A AIR COMPRESSOR SULLAIR 375HDP 2019 201812180018 MAIRC6 AIR COMPRESSOR SULLAIR 210HDPQ-C 2006 200607280058 MDIVE2 DIVE COMPRESOR BROWNIES CTD390B 2012 MDIVE3 DIVE COMPRESSOR BROWNIE'S CTD390X 2016 21290 12 ATTACHMENTS MC4C PLATE COMPACTOR ATTCHMENT NPK C4C 2017 2N1372 MH55D2 HAMMER CATERPILLAR H55DS_304_5CR 2012 SC272A 272 SWEEPER ATTACHMENT SMITH CHALLE SCM200 2018 SC272B 272 SWEEPER ATTACHMENT SMITH CHALLE SCM 200 2018 BR-12-18-36 B50DX1A B50DX1 BREAKER w/ BRACKET JOHN DEERE HP-750 2006 M262BA1 CAT BA18HYD 262C ATTACHME CATERPILLAR BA18HYD 2011 AZN03251 B135EX37 B135 EX37 ROCK DRILL RIG B365BLPH B365BL PIPE HOOK KENCO PH30000 2007 B365BLQC B365BL ATTACHMENT BTP10033 B47000UP QUICK DISCONNECT FOR 470 PALADIN JRB POWERLATCH 2015 AKRPLR92NTX30084 MTTRENCH MT 30-50" TRENCH PAVER TILTROTA TILTROTATOR PACKAGE ENGCON EC206 2019 ECO29618 3 BROOM TRACTOR SJD520 BROOM TRACTOR JOHN DEERE 5200 1995 LV5200E420555 BT2615B BROOM TRACTOR MASSEY FERG MF2615 2013 FY814062 BT2660A BROOM TRACTOR MASSEY FERG MF2660 2013 BX15020 16 BUCKET B50DX1B BUCKET - 50D CLEANOUT DIT JOHN DEERE ASI 4' BUCKET 2006 B245G24B BUCKET - 24" JD 245G JOHN DEERE 24" ESCO XDP 2017 RH120919 B245G36B BUCKET - 36" JD 245G JOHN DEERE ESCO XDP 36" 2017 RH120908 B305E12A BUCKET - 12" f CAT 305_5E WERK BRAU BKT304_5CCR_12W 2012 183151-1-4 B305E24A BUCKET - 24" f CAT 305_5E CATERPILLAR BKT304 5CCR 24 B305E40A BUCKET - 40" f CAT 305 5E CATERPILLAR BKT304_5CCR_40D 2012 B328D24A BUCKET - 24" f CAT 328D CATERPILLAR 328E 2013 3460877 or 3460882 B328D48A BUCKET - 48" f CAT 328D CATERPILLAR 48" BUCKET 2013 NBC08244 BB135G24 BUCKET - 24" C&P JD 135 C&P 24" SDR .571 BB245G24 BUCKET - 24" JD 245 JOHN DEERE 24" BUCKET 2016 BB245G36 BUCKET - 36" JD 245G JOHN DEERE 36" BUCKET 2016 BB312 60 BUCKET - 5 FT CAT 60" CATERPILLAR 60" 312 312DC601002 BB321D24 BUCKET - 24" CAT 321 CATERPILLAR 24" QUEST 2015 BB321D42 BUCKET - CAT 42" GP f B3 CATERPILLAR BKT321D_42PMB 2012 GPB-4903-42-0512 BB321DFL BUCKET - FLECO 42" f B321 FLECO BKT321D42FLC 2012 39024 MHYDCLAM BUCKET - 8 FT HYD CLAMP PEMBERTON 2 CEMENT MIXER MCEM02 MULTIQUIP CONCRETE MIXER MULTIQUIP 2015 MCEM03 CONCRETE MIXER TK MC9 2018 3A9S38M18H1168095 3 COMBINATION BACKHOE/LOADER C420F1 LOADER/BACKOE CATERPILLAR 420F 2012 SKR00457 C420F2 LOADER/BACKHOE CATERPILLAR 420F 2013 SKR02081 L310SJ1 LOADER/BACKHOE - WHEEL JOHN DEERE 310 SJ 2011 1T0310SJKB0200975 4 CONCRETE SAW/SAWS MSAWS MISC SAWS CONCRETE/CHAIN CSHONDO1 SAW 18" WALK BEHIND HONDA 13HP DITEQ 18" 2011 000106D M15HYSA2 HYDRAULIC CHAIN SAW ICS 890F4 2018 00015456 M18STSAW STREET SAW - 18' STOW CD613H18 0303673 3 DOZER D650H DOZER JOHN DEERE 650H 2002 T0650HX897875 DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 2 EQUIPMENT TYPE Description Make Model Year Serial Number DD3K1 DOZER CATERPILLAR D3K2XL 2018 KF202415 D750C1 DOZER JOHN DEERE 750C 2000 T0750CX885243 18 EXCAVATOR B50G1 EXCAVATOR - COMPACT JOHN DEERE 50G 2016 1FF050GXLGH283830 B50G2 EXCAVATOR - COMPACT JOHN DEERE 50G 2016 1FF050GXPGH284841 B50G3 EXCAVATOR - COMPACT JOHN DEERE 50G 2016 1FF050GXLGH284850 B85GA EXCAVATOR- w 24" bu, 42" JOHN DEERE 85G 2013 1FF085GXVDJ017083 B135GA EXCAVATOR JOHN DEERE 135G 2013 1FF135GXPDE400155 B245G1 EXCAVATOR JOHN DEERE 245G LC 2016 1FF245GXTFE600911 B245G2 EXCAVATOR JOHN DEERE 245G LC 2017 1FF245GXCGF800138 B27DZ1 EXCAVATOR JOHN DEERE 27D ZTX 2011 1FF027DXLA025571 B308LC EXCAVATOR - HYDRAULIC KOMATSU PC308LC3 2004 20094 B321D1 EXCAVATOR CATERPILLAR 321D LCR 2011 MPG00182 B321D2 EXCAVATOR CATERPILLAR 321D LCR 2011 MPG00237 B328DA EXCAVATOR CATERPILLAR 328D LCR 2013 RMX00449 B365BL EXCAVATOR CATERPILLAR 365BL 2002 9TZ00512 B470GA EXCAVATOR JOHN DEERE 470G 2015 1FF470GXJEE471106 B60DZ1 EXCAVATOR JOHN DEERE 60D 2011 1FF060DXHA0280550 B3055D1 EXCAVATOR CATERPILLAR 305.5DCR 2011 FLZ00360 B3055E1 EXCAVATOR CATERPILLAR 305 5ECR 2012 FKY00533 B335FL1 EXCAVATOR CATERPILLAR 335FLCR 2018 FTKNE10275 1 FORKLIFT FP360 FORKLIFT HOIST P360LC@48 2012 29457 3 GENERATOR GNCHI1 2200/2400 W GENERATOR CHICAGO 5.5 HP 2.2/2.4K 2011 MLITE1 LIGHT TOWER, TOWABLE SM MAGNUM MLT3060 2005 51816 MLITE2 LIGHT TOWER w/TRAILER WACKER NEUSO LTN6 2017 5XFLN0517HN000524 1 GRADER G120H1 GRADER CATERPILLAR 120H NA 2000 4MK00726 16 LOADER L262C2 LOADER - SKID STEER CATERPILLAR 262C 2011 MST04253 L272D1 LOADER - SKID STEER CATERPILLAR 272DXHP 2012 SITY00269 L272D2 LOADER - SKID STEER CATERPILLAR 272DXHP 2012 SITY00267 L272D3 LOADER - SKID STEER CATERPILLAR 272D2XHP 2017 MD200564 L272D4 LOADER - SKID STEER CATERPILLAR 272D2XHP 2017 MD200565 L272D5 LOADER - SKID STEER CATERPILLAR 272D2XHP 2018 MD200950 L272D6 LOADER - SKID STEER CATERPILLAR 272D2XHP 2019 MD200989 L624KA LOADER - WHEEL JOHN DEERE 624K 2013 1DW624KZCDE651292 L624KB LOADER - WHEEL JOHN DEERE 624K 2016 1DW624KZVGF674501 L624KC LOADER - WHEEL JOHN DEERE 624K 2016 1DW624KZEGF674973 L924GA LOADER - WHEEL CATERPILLAR 924G 2004 DDA01241 L924H1 LOADER - WHEEL CATERPILLAR 924H 2011 092HLHXCO2173 L938G1 LOADER - WHEEL CATERPILLAR 938G II 2004 RTB00746 L938H1 LOADER - WHEEL CATERPILLAR 938H 2011 MCC00374 L938M1 LOADER - WHEEL CATERPILLAR 938M 2018 J3R05312 L950KA LOADER - WHEEL CATERPILLAR 950K 2013 R4A01321 17 MISCELLANEOUS EQ MARCH ARCH SPREADER ARCH SPREADER 9409630 MCAGE CUSTOM PERSONNEL CAGE LAKESHORE IN M332 2016 J-6132 M08MOB MERCURY 8HP OUTBOARD MERCURY ME 8MH 4S 2015 OR672463 M10JOB JOHNSON 10 OUTBOARD M60YOB YAMAHA 60 OUTBOARD 2013 MIBEAM I BEAMS MSCAM1 SEAVIEW CAMERA SEAVIEW MSTEEL STEEL PLATES Steel Plates see File Attachement MWHEEL (2) WHEEL WEIGHER HAENNI WL101 9O OOO b9HTT1Z AT 1700Z 533W53A OS17S5 3 533W53n - 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53IIO5 TSTSOS 29£200172 ZTOZ bZEO SVIIId53ZV0 5OZ0VdNO3 E17ZEO5 bZ£TOObZ T10Z bZEO EVIIId53,LV0 5OJ3VdNO3 V17ZEO5 Ob£TOOZZ £T0Z ZZED 5VIIId53IV0 SOI0VdNOO VZZEOS ZS0TLS98ST98 8T0Z S-HQ17ZTME SVNOE 2I3'I'IO2i Q17ZTE5 9111£12£8198 LTOZ Ob-HQ17ZIME SVNOE 'd3TIO2I 017ZTEN 890TLZT8ST06 HQ17ZIME SVNOE 537IO5 EbZ1E5 17Zb1E LTOZ ZQ8017-HAW dln0IJ'IfN 'Id 3IEIS53A35 - dO,LOVdNOO 80bHAN 0176£-A £102 ..ZZ 06TE ZZVH 3IQ E1VId EIA - 5OZ0VdNO0 IZZVHN 060T0bZ69TOT 6TOZ 3Q SS/OSEdE SVNOE 00 3IEIS53A35 - 2OOI3VdNOO VSSOSN 600T9LZ69101 STOZ Q08/O0T2idE SVNOE Id 37EIS53A35 - 2TOZ0VdNO0 E800TN £00T9LZ69TOT S10Z Q08/00T2IdE SVNOE Id 3'IEISEEASS - 5OZ3VdNO0 V800TN IMERNI HIV Ia/ZI3TIOZI VT z2qs.zoN d3HSVM 32InsS32Id ISSSNdN 2I3HsYM 32Inss32ld T LZOZOZQ89093d ZOOZ 9108'907XQPZ E0STUQ8909 dNnd ZNIOdTISM „0T - dNnd VOTdMd bOZT-1717'17011-8Q 170ZT-1717'17011 SNIVUSd 8Q NSJSIS dNnd 9HUAHd OSIW - NSISAS IMIOd IISM STSdMN 8608 866T SNI53.LVMSQ 3ISIdNOO dWnd ZSP ,.b - dWnd OISPd STS6 9TOZ 3-S17Q-dP£ SISIdNOO dWnd 131 ,.17 - dNnd VISPd 1£0£ 17002 Z1S88dd 'dSSNOId HSVS,L ISSV OVA ,8 - dWnd VAd8d . ZS£LZdd 910Z TLIZ1S99dd 533NOId ISSV OVA .9 - dWnd VAd9d i' 01-QQI 8102 APOOdUQ IMN SV2IHdVIQ 3IEfOQ ,.17 - dWnd VIQbd awnd 8 3S=VS AIISNSQ SVSIOIIN SnVSOIINN 6176610 30503 HOIH AO2dI30W 3NIHDVN NOISn3 ZZnE SdIQ ZNOISn3W LTOZ OV3fNVN 0335 115 3dId ,.Z-17/£ dVI 0556 IINdVIN ,OZ 'p S - S3,LVId I33,LS TI33ZSW N60109£HN LTOZ ZS? OIIV553IIIW 5SQISM SIW TQ'ISMNW Z806S0 £TOZ AOWI30W 3NIHOVN NOISn3 NOISn3S 91LZT£ 6T0Z 00EIdA 5335NEA rI00.1 SNISOE OIIVNn3Nd .,£ SNISOEW 8T0Z IHSII ST (£) SQSVOE MOSSY QEMOSSV .zagwnN TPTaas .z2ax 1apoN axeyi uoTgdTaasaO Ecu Sxslnldlnaz £ abad gsTri quawdTnb3 'ONI 'MOS R INIONVW QIAVQ 9969O9OZ1.Lad-9L68-9d617-80a9-008La600:at adolanu3 u5!3nooQ DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 4 EQUIPMENT TYPE Description Make Model Year Serial Number TTZIP2 ASHPALT ZIPPER TRAILER ASPHALT ZIPP AZ480 2001 109FS10111U02182 TTZIP3 ASPHALT ZIPPER TRAILER WILLIAMSON 0 BT001 2011 109FS0821BU021866 T25TONA TRAILER 25 TON EAGER BEAVER 25XPT 2018 112HAX371KL083430 TOFFICE 20' OFFICE TRAILER OFFICE CONTAINER TTANDS1 2003 ANDS TRAILER ANDS TRAILER 2003 4YNBN18273C013104 TIMEOUT3 TRAILER - JUPITER TIMEOUT CONTINENTAL 2014 1ZJBB3121EM082646 TIMEOUTT TRAILER - COBIA TT TIMEOU AMERA TRAIL AC2426TMB 2008 4DJAB26288A001288 19 PICKUP • TPC15A 2015 CHEVY SILVERADO CHEVY SILVERADO 2015 1GCOCUEG8FZ127362 TPC15B 2015 CHEVY SILVERADO CHEVY SILVERADO 2015 1GCOCUEG2FZ119547 TPC15C 2015 CHEVY SILVERADO CHEVY SILVERADO 2015 1GCOCUEG5FZ121812 TPC16A 2016 CHEVY SILVERADO CHEVY SILVERADO 2016 1GC2CUEGXGZ406077 TPC16B 2016 CHEVY SILVERADO CHEVY SILVERADO 2016 1GBOCUEG3GZ357011 TPC16C 2016 CHEVY SILVERADO CHEVY SILVERADO 2016 1GBOCUEG8GZ359496 TPC17A 2017 CHEVY SILVERADO CHEVY SILVERADO 2017 1GC2CUEG7HZ285736 TPC17B 2017 CHEVY SILVERADO CHEVY SILVERADO 2017 1GC1KWEYXHF206662 TPC18A 2018 CHEVY COLORADO CHEVY COLORADO 2018 1GCHSBEA5J1173616 TPC18B 2018 CHEVY SILVERADO CHEVY SILVERADO 2018 1GC1KXEY2JF205677 TPD11B 2011 DODGE RAM 1500 DODGE RAM 1500 CC 2011 1D7RB1GT6BS550226 TPD11D 2011 DODGE RAM 1500 DODGE RAM 1500 2011 3D7LP2EL0BG596819 TPD11E 2011 DODGE RAM 2500 DODGE RAM 2500 2011 3D7LP2ET8BG600485 TPD15A 2015 DODGE RAM 2500 MEGAC DODGE RAM 2500 2015 3C6UR5NL0FG605476 TPD15B 2015 DODGE RAM 1500 DODGE RAM 1500 2015 1C6RR6HTXFS608711 TPF04A 2004 FORD F250 SUPERDUTY FORD F250 SUPERDUTY 2004 1FDNF20L74ED40969 TPF17A 2017 FORD F-150 FORD F-150 2017 1FTEW1EG8HFA71536 TPT14A 2014 TOYOTA TUNDRA 4x2 TOYOTA TUNDRA 4x2 2014 5TFRY5F12EX151059 TVC14A 2014 CHEVY VAN CHEVY 2500 VAN 2014 1GCWGGFA6E1161209 2 TRUCK/TRACTOR TJV04A 2004 STERLING TRUCK STERLING V312 LHA 2004 2FZHATAK44AM31231 TMD13A MECHANIC TRUCK DODGE RAM 5500 2013 3C7WRMBL8DG520465 2 TRENCHER RT100A TRENCHER VERMEER RT100 2004 1VRX057E551001734 RT450A TRENCHER VERMEER RT450 2007 1VRX0721771001342 3 WATER TRUCK TWI99A WATER TRUCK INTERNATIONA 4700 1999 1HTSCAAM6XH682520 TWSOOA 2000 STERLING WATER TRUCK STERLING L7500 2000 2FZHAFBA9YAF83201 TWS03A 2003 STERLING WATER TRUCK STERLING M7500 2003 2FZAAKAK33AL05758 9 ASPHALT ZIPPER/COLD PLANER M24MIL COLD PLANER CATERPILLAR PC206 2012 DDG00981 M30MIL COLD PLANER CATERPILLAR PC408B 2013 XCP00187 MBS70A VIBRATORY HAMMER BS702i 2011 MCUT30 30" CUTTER HEAD X002044 MPAVE1 ASPHALT PAVER MAULDIN 1550D 2013 722L50TKZ9Y202722 MZIPE2 ASPHALT ZIPPER w TRAILER ASPHALT ZIPP 480 2001 100716 MZIPE3 ASPHALT ZIPPER w/ TRAILER ASPHALT ZIPP AZ500B 2012 50000593 MZIPE4 ASPHALT ZIPPER w/ TRAILER AZPHALT ZIPP AZ480 2015 109FS10191U021878 MWPCOMP1 COMPACTOR SM GAS WACKER P WACKER PLATE COMPACTOR 6684107 4 CONEX BOX MCONX1 CONX 20' CONTAINER CONX 20S2 613301 2011 2037988MSG MCONX2 CONX 20' CONTAINER CONX 2052 615671 2011 2107067MSG MCONX3 CONX 20' STANDARD TRI 000 CONX 20ZS 618914 2011 ES20VZS2093 MCONX6 CONX 8' x 12 CONEX 2013 3 FUEL TANKS MFUEL1 FUEL TANK YOUNG 500 GALLON 14278 MTANK1 GAS TANK - SEDIMENT (JL B DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DAVID MANCINI & SONS, INC. Equipment List Page 5 EQUIPMENT TYPE Description Make Model Year Serial Number MTANK2 GAS TANK - SEDIMENT ELARTE SEDIMENT TANK 2002 5003 5 LASER LO1C LASER - PIPE LASER TOPCON TP-L4G 2001 VD0221 LTPL4A LASER TOPCON TP-L4BG 2011 VH2587 LTPL4B LASER - PIPE LASER TOPCON TP-L4BG 2012 VH2783 LTPL4C LASER - PIPE LASER TOPCON TP-L4B 2014 VG9778 LSDG711 LASER - PIPE LASER SPECTRA PREC DG711-3 2015 5 ROCK BOX M4YDRB ROCK BOX - 4 YARD M5YDRB ROCK BOX - 5 YARD M7YDRB ROCK BOX - 7 YARD M9YDRB ROCK BOX - 9 YARD 2017 33033 M20YDRB ROCK BOX - 20 YARD EFFICIENCY SM-EWHD-24 2005 128386 8 TRENCH BOX TB4620 TRENCH BOX - 4 x 6 x 20 PRO-TEC PRO4-620D 15008 TB6412 TRENCH BOX - 6 x 4 x 12 TB6416 TRENCH BOX - 4 x 6 x 16 TB6824 TRENCH BOX - 6 x 8 x 24 Efficiency HT6-824 2014 147098 TB8828 TRENCH BOX - 8 x 8 x 28 SPEED SHOR TS-0828DW8KE 42586 TJACKS TRENCH JACKS SHORING SYST NTS 2018 TB4620A TRENCH BOX - 4 X 6 X 20 130221 XTS6M824 TRENCH SHIELD 8 x 24 XTERRA XTS-6M-824 2018 XTS180531 • DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 �... DAVIMAN-01 HARRISM A ,---- CERTIFICATE OF LIABILITY INSURANCE DATE(M/202YYY) �� siz7no2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brenda Laflamme NAME: Insurance Office of America,Inc. PHONE FAX 1855 West State Road 434 (AIC,No,Ext):(407)998-5421 15421 (All,no(407)7884933 Longwood,FL 32750 E-MAIL Brenda.Laflamme@ioausa.com INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Evanston Insurance Company .35378 INSURED INSURER B:Liberty Insurance Corporation ,42404 David Mancini&Sons,Inc. INSURER C:Liberty Mutual Fire Insurance Company _23035 2601 Wiles Rd INSURER D: Pompano Beach,FL 33073 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR, INSD WVD _IMM/DD/YYYYI IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE X OCCUR MKLVIENV102342 4/1/2020 4/1/2021 DAMAGETORENTED 50,000 PREMISES IEa occurrence) $ X General LiabilityMED EXP(Any one person) $ 5'000 PERSONAL&ADV INJURY _$ 1'000'000 GE 'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 5,000,000 POLICY JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ • B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO AS7-Z51-292589-020 411/2020 4/1/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE EH R ANY PROPRIETOR/PARTNERJEXECUTNE Y/N WC2-Z51-292589-010 4/1/2020 4/1/2021 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500'000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution Legal Liab MKLVIENVI02342 4/1/2020 4/1/2021 Aggregate Limit 2,000,000 A Ltd Prof Liab MKLVIENV102342 4/1/2020 4/1/2021 Ded:$1,000 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached if more space Is required) Insurer Type of Insurance Policy Number Effective Aggregate Limit Zurich American Ins.Co. Installation Floater CPP0507826 04/0112020-04/01/2021 $500,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. David Mancini&Sons,Inc.-FOR INFORMATIONAL AUTHORIZED REPRESENTATIVE PURPOSES ONLY 2601 Wiles Rd - zZy_-A034287 (Pompano Beach.FL 33073 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 DMSI L)AVID MANCINI& SONS, INC. Key Personnel Overview David Mancini,CUC-D-B Project Manager Phone: (954)605-3982;email:dmancini@dmsi.co Mr. Mancini has more than 35 years of construction experience from Michigan to Florida, David • 441. Mancini has built David Mancini &Sons, Inc.(DMSI) into the premier underground civil contractor in 1 ' South Florida. David served as President and Qualifier for his father, Richard Mancini, at Ric-Man "' International, Inc.from 1985-2010. Since incorporating David Mancini &Sons, Inc. in 2010, his "hands - on" abilities and vast pool of knowledge have enabled DMSI to become the leader in large diameter pipeline construction.Serving as Design-Builder Manager, David Mancini has successfully completed a long list of projects within urban environment throughout South Florida that include the installation of transmission water mains (HDPE), transmission force mains (PCCP & DIP), sanitary sewers, storm sewers, pump stations, jack and bores, micro tunnels, directional drills, roadways, sub-aqueous crossings, and neighborhood improvement projects over the past three decades. David Mancini Jr. D-B Deputy Project Manager David A. Mancini Jr. has over 15 years of construction r / experience in South Florida. As a field laborer, David Mancini Jr. began his career in construction at only 15 years old, working on various construction projects for City Municipalities. As a Construction • - Manager of David Mancini and Sons, Inc., David administers all construction operations, residential 1 public relations, and coordination regarding the construction projects. His specialization and experience is in neighborhood improvement projects, water main replacements, private property experience is in neighborhood improvement projects, water main replacements, private property. His management practice consists of a "first person on site and last person to leave" attitude. David's main priority in administering construction operations is limiting at all cost the impact construction operations may impose on the residents. 1p! Fabio Angarita, D-B Construction Project Manager Mr. Fabio Angarita has over 20 years of construction experience in South Florida. Fabio has successfully completed a over$60 million of municipal projects in highly urban environments throughout South Florida including storm sewer projects, storm sewer pump stations,force mains (PCCP & DIP), sub-aqueous crossings, roadway, and neighborhood improvement projects over the past decade. Fabio administers all construction operations, residential public relations, and coordination in multiple construction projects. Onique Williams, Pipe Installation Superintendent Mr. Williams, helped start and build DMSI when it 0'' °'' :. first opened it's doors, Onique's career at DMSI is truly a "from the bottom-up" scenario. His positions at DMSI have included personally installing water services to superintending design build large-diameter transmission force mains. Most recently, successfully completed 15,000 LF Design Build of 48-inch PCCP •"' ' •*i r 's, through utility infested and politically sensitive Miami's Wynwood Business Improvemetn District,Midtown - Miami Community Development District, and Miami Design District. Alejandro Mejia,D-B Safety Manager Mr. Mejia has over 16 years'experience in accounting,construction management and cost estimating in the field of underground utility, roadwork and all facets of civil construction.Alejandro Mejia has over 16 years of experience overseen municipal projects in highly urban environments, airports throughout Dade County, Broward County, Florida including storm sewer projects, storm sewer pump stations,sanitary sewer, force mains, water mains, roadway, and neighborhood improvement projects over the past decade. hilRichard Mancini,D-B Quality Assurance/Quality Control(QA/QC): Mr. Richard Mancini has over 9 years' experience in accounting,construction management and cost estimating in the field of underground utility, roadwork and all facets of civil construction. Richard has always been fascinated with the underground industry since a young age,where he would spend his days after school playing and pretend driving all the equipment in our storage yard and starting around 10 years old. Fast forward to present day, Richie is fully immersed in the day to day business of running large diameter pipeline projects for just shy of 4 years. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 *It A. # ' MANCINI, C.U.0 DESIGN-BUTLER MANAGER [)AV1DAb11�C MAN� Industry Experience: 35 Yrs Registration I Certifications: Organization—QB0008454 1985-2010-Qualifier Design/Build Experience: State of Florida Underground 1988-2010-Ric-Man 10 Yrs Utility License No. Experience: International, Inc.(RMI) Member of the Engineering CUC0442220 President and Qualifier President Contractors Association. Broward County License#00- October 2010-Present Advisory Board Member of 1650-W David Mancini&Sons, Inc. the Plastic Pipe Institute. Qualified Business (DMSI)President With over thirty-five years of construction experience from Michigan to Florida, David Mancini has built David Mancini & Sons, Inc. (DMSI) into the premier underground civil contractor in South Florida. David served as President and Qualifier for his father, Richard Mancini, at Ric-Man International, Inc. from 1985-2010. Since incorporating David Mancini & Sons, Inc. in 2010, his "hands on"abilities and vast pool of knowledge have enabled DMSI to become the leader in large diameter pipeline construction. Serving as Design-Builder Manager, David Mancini has successfully completed a long list of projects within an urban environment throughout South Florida that include the installation of transmission water mains (PCCP & DIP), transmission force mains (PCCP& DIP), sanitary sewers, storm sewers, pump stations,jack and bores, micro tunnels, directional drills, roadways, sub- aqueous crossings, and neighborhood improvement projects over the past three decades. David Mancini is highly recognized for his expertise and achievements in trenchless pipe solutions. KEY PROJECTS 42-INCH DIP WATER MAIN & 10" FORCE MAIN DESIGN BUILD–LINE STOPS&BYPASS ON 48-INCH PCCP INSTALLATION BETWEEN (US-1/5TH ST) TO THE FORCE MAIN CROSSING OLETA RIVER AT BISCAYNE PORT OF MIAMI AND PS 9141 REPLACEMENT BLVD AND NE 163 ST Role: President/Manager/Qualifier: Role: President/Manager/Qualifier: Installation of approximately 9,740 LF of 42-inch ductile iron Installation of approximately 800 LF of 42-inch HDPE pipe via pipe and fittings, valves, 4,000 LF of 30-inch WM HDPE horizontal directional drilling, and 1,000 LF Of 42"open cut. horizontal directional drilling Water Main &4,000 LF of 12- inch FM HDPE subaqueous channel crossing along Biscayne 48-INCH FORCE MAIN (BROWARD CW&WWD) BROWARD Bay from Bayside to Port of Miami. COUNTY, FL, 2007 Role: Design-Build Manager DESIGN BUILD - 54-INCH REDUNDANT FORCE MAIN AT Over 5,000'of 48" Force Main within the FDOT Turnpike right- MIAMI BEACH of-way, completed in 8 months including design, permits and Role: President/Manager/Qualifier construction. The new pipeline was constructed alongside Installation of approximately 4,000 LF of 54-inch HDPE pipe a canal bank and residential neighborhood and included a via horizontal directional drilling, fittings, and valves along subaqueous crossing. Euclid Avenue from 11 St to Washington Avenue. Client: Broward County Water & Wastewater (Pat Macgregor (954) 831-0904) 48-INCH PCCP SEWER ALONG NORTH MIAMI AVENUE Role: President/Manager/Qualifier: DERM01-WASD-NLE-WEST 54" FORCE MAIN , MIAMI- This project was done via the DESIGN-BUILDER method DADE COUNTY,FL, 2005 and it was to provide engineering, design, survey, technical Role: Design-Build Manager specifications, permitting and inspection to support the Design Build Project with Nova Engineering, consisting of construction, installation, testing and commissioning activities 9,240 LF of 54" PCCP Force Main complete with restoration, associated with the construction of 13,000 LF of 48-Inch infrastructure and beautification improvements along 57th Ave PCCP sewer, 12-inch and 16-inch water mains and 24-inch and the Opa-locka Airport Property. This project also included pipe for storm water drainage a 25'deep subaqueous, by pass of existing 48" FM and open cut of existing State Road Client: MDWASD (Jorge Aguiar(786) 552-8138) DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 rkt DAVID A. MANCINI, C.U.0 DAvip\r 1.N� Iv DESIGN-BUILER MANAGER Elia DESIGN BUILD SERVICES FOR THE REPLACEMENT OF 42" FORCE MAIN EMERGENCY REPAIR ON NE 163RD THE EXISTING 54" FM FROM CENTRAL DISTRICT WWTP STREET, MIAMI-DADE COUNTY,FL, 2007 TO FISHER ISLAND , MIAMI-DADE COUNTY, FL, 2014 Role: President/Manager/Qualifier Role: President/Manager/Qualifier Removal and replacement of 150 LF of 42" PCCP along NE Installation via open cut approximately 1,100 LF of 60" POOP. 163rd Street. Porject entailed extensive MOT/ Shoring and Project required the bypass of the existing 54- & 42;; Force dewatering. Main. Client: MDWASD (Joe Armao (786) 586-4198) Client: Nicholson Construction Company for MDWASD (Eloy Ramos (412) 715-3265 EMERGENCY REPAIR OF 54" FLAGLER INTERCEPTOR, MIAMI-DADE COUNTY, FL, 2003 54" REDUNDANT SEWER FORCE MAIN, MIAMI-BEACH, FL Role: President/Manager/Qualifier 2014 This scope of work consisted of installing 1,400 LF of 54" Role: Design Build Manager PCCP Force Main Installation of appx. 1,000 LF of 54" PCCP, was constructed Client: MDWASD (Nelson Cespedes (305)439-8959) in an urban environment maintaining existing traffic which entailed extensive MOT& restoration INTERCONNECTION AT PUMP STATION 2 & CENTRAL Client: City of Miami Beach (Bruce Mowry, PE (786) 759-8941) DISTRICT WWTP, MIAMI-DADE COUNTY, FL, 1999 Role: President/Manager/Qualifier 54" WATER MAIN SUBAQUOUES CROSSING AT RED Project consisted of installing 150' LF OF 120" PCCP FORCE ROAD, MIAMI-DADE COUNTY, FL 2014 MAIN which required a shutdown of the existing 72" PCCP Role: President/Manager/Qualifier FM and by-pass, remove the existing FM and interconnect the This deep subaqueous crossing appx. 300 LF of 54" DIP, was 120" PCCP FM. constructed alongside a bridge where (2) canals intersect to Client. MDVVASD (Jorge Aguiar(786) 552-8138) facilitate widening by the FDOT. The minimal tolerances of this pipeline and the deep complex installation within the canal NORTH DISTRICT WWTP,MIAMI-DADE COUNTY, FL, 1997 were major challenges to this project. Role: PresidentlManagerlQualifier Client: MOM for MDWASD (Nelson Cespedes(305)439-8959) Project consisted of installation of 1,686 LF OF 72" PCCP FORCE MAIN which required ther interconnection at the 42" WATER MAIN REPAIR ON SW 2ND AVE I MIAMI DADE WWTP, by-pass pumping, shoring and dewatering. COUNTY, FL, 2012 Client: Harry Pepper & Associates. MDWASD (Jorge Aguiar Role: President/Manager/Qualifier (786) 552-8138) As an emergency contractor for Miami-Dade Water&Sewer for over 10 years, David Mancini was as called upon to remove FLAGLER STREET FORCE MAIN S503D DIVISION 1, MIAMI- 60 LF of existing PCCP and replace with 60 LF section of 42" DADE COUNTY, FL,1996 DIP which was located in the center of SW 2nd Ave entailed Role: President/Manager/Qualifier extensive MOT, shoring and dewatering. Scope of work included the installation of 7,195 LF OF 54" Client: MDWASD (Nelson Cespedes (305)439-8959) PCCP FORCE MAIN along a (4) lane divided highway, extensive MOT, 12'deep excavation, shoring and dewatering. 48" WATER MAIN REPAIR ON SW 56th ST (MILLER DR) / Client: MDWASD (Nelson Cespedes (305)439-8959) MIAMI DADE COUNTY, FL, 2011 Role: President/Manager/Qualifier INTERCONNECTION TO EXISTING 60" FORCE MAIN, As an emergency contractor for Miami-Dade Water&Sewer for MIAMI-DADE COUNTY,FL, 1996 over 10 years, David Mancini was as called upon to remove Role: PresidentlManagerlQualifier 60 LF of existing PCCP and replace with 60 LF section of 42" Project consisted of installing 3,118 LF OF 60" PCCP FORCE DIP which was located in the center of SW 2nd Ave entailed MAIN and connection to existing force main at (6) locations extensive MOT, shoring and dewatering. from Flagler to SR 836, 57th Ave to 39th Court. Extensive Client: MDWASD (Nelson Cespedes (305)439-8959) pedestrian and vehicular MOT, shoring and dewatering. Client: MDWASD (Nelson Cespedes (305)439-8959) DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 . ly, DAVID A. 104 MANCINI JR. rkt illCONSTRUCTION MANAGER I ��II>>ti ISI Industry Experience: 10 yrs Reference#1: Reference#2: Reference#3: Registration/Certifications I Bob Wertz: Senior Gregory Mullenski Carla S. Dixon-Capital Degrees: Project Manager City Inspector Projects Miami Beach OSHA Certification- City of Hollywood Engineering City of Hollywood Engineering —Capital Improvement Construction Safety and DivisionBwertz@hollywoodfl. Division Gmullenski@ Carladixon@miamibeachfl.gov Health MOT Work Zone Traffic org, hollywoodfl.org, Phone 305-673-7071 Control: Intermediate Level Phone 954-921-3930 Phone 954-249-2870} Master of Business and Administration Specialization in International Finance David A. Mancini Jr. has over 15 years of construction experience in South Florida. As a field laborer, David Mancini Jr. began his career in construction at only 15 years old,working on various construction projects for City Municipalities.As a Construction manager of David Mancini and Sons, Inc., David administers all construction operations, residential public relations, and coordination regarding the City of Hollywood's construction projects. His specialization and experience is in neighborhood improvement projects, water main replacements, high-profile and politically sensitive large diameter design build projects. His management practice consists of a "first person on site and last person to leave" attitude. David's main priority in administering construction operations is limiting at all cost the impact construction operations may impose on the residents. CONSTRUCTION MANAGER EXPERIENCE DESIGN BUILD SERVICES FOR THE INSTALLATION OF A 48- design, permitting, procurement, construction / installation, testing INCH FORCE MAIN ALONG NORTH MIAMI AVENUE, MIAMI, FL, and startup of a new 60-inch replacement FM. Project elements 2016 include:Approximately 5,200 linear feet of tunnel boring with precast segmental liners capable of accommodating a 60-inch internal Role: Construction Manager: This project includes the installation of diameter carrier pipeline.Approximately 2,500 linear feet of open cut approximately 13,000 linear feet of 48"sewer force main on NE 36th construction to install a 60-inch diameter pipe. Approximately 1,000 Street, between Federal Highway and North Miami Avenue. 12" and linear feet of horizontal directional drilling (HDD) to install 8-inch 16"water mains on North Miami Avenue, between NW 20th and 29th pipe that will relay the sewage flow from the Fisher Island Pump Street and 1,000 feet of 24"storm water drainage. Station (PS 170) to the tunnel.The replaced 54-inch FM will be cut, flushed, plugged at terminal locations, and abandoned for potential WATER MAIN & FORCE MAIN INTRACOASTAL WATERWAY rehabilitation in the future. CROSSINGS AT LAS OLAS BLVD. , FORT LAUDERDALE, FL, 2016 HOLLYWOOD WATER MAIN REPLACEMENT 11-5110, HOLLYWOOD, FL, 2014 Role: Construction Manager: This project includes the installation of a 20" diameter water main and a new 16" diameter subaqueous Role: Construction Manager: Project consisted of the installation force main on the south of Las Olas Blvd.Bridge to provide additional of over 5,200 LF of 16-inch C905 PVC Transmission water main, redundancy to the Las Olas area.The City had selected the horizontal over 60,000 LF of 4", 6"and 8" C900 PVC and DIP distribution water directional drilling (HDD) method for construction of the proposed mains,fittings,valves,fire hydrants,and interconnections associated subaqueous crossings. with the water main replacement. The project also included over 900 water service connections at the existing meters and over 400 DESIGN-BUILD SERVICES FOR THE REPLACEMENT OF THE water meter relocations and water service installations on the private EXISTING 54-INCH SANITARY SEWER FORCE MAIN PIPELINE property. Some of the key construction activities included emergency FROM THE CENTRAL DISTRICT WASTEWATER TREATMENT response, temporary traffic controls, clearing and grubbing, tree PLANT TO FISHER ISLAND, UNDER NORRIS CUT CHANNEL, relocation,locating and protecting existing utilities,trench excavation, MIAMI, FL, 2014 shoring,density testing,pressure testing,pipe disinfection,pavement restoration, existing water main abandonment, and coordination with Role: Construction Manager: Design-Build project to replace the Homeowners Association, City, County, and FDOT Utility Staff. existing 54-inch force main (FM) from the Virginia Key Central District Wastewater Treatment Plant (CDWWTP) under Biscayne Bay Norris Cut to Fisher Island. Including: planning, engineering, DAVID MANCINI&SONS,INC. DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 FAB I O ANGARITA DESIGN BUILDER-GA/CC MANAGER I>,0,II,N1\'. psL • Industry Experience:20 yrs Experience: Project Manager Co-owner/Project Manager Education: Project Manager 2006 to 2007 1999-2002 Civil Engineer 2013 to Present Development and GDC Ltda(Colombia) David Mancini&Sons, Inc. Communications Group of Florida, Inc. Project Manager 2007 to 2013 Project Manager Southeastern Engineering 2004 to 2006 Contractors, Inc. Petro Hydro Inc. Fabio Angarita has successfully completed a over $60 million of municipal projects in highly urban environments throughout Dade County, Florida including storm sewer projects, storm sewer pump stations, force mains (PCCP & DIP), sub-aqueous crossings, roadway, and neighborhood improvement projects over the past decade. EXPERIENCE SEABOARD ACRES PUMP STATION RETROFIT AND PUMP CRESPI BLVD WATER MAIN, STORM SEWER COLLECTION CASING REPLACEMENT , MIAMI DADE COUNTY 2015 SYSTEM AND STORM SEWER PUMP STATION, MIAMI DADE COUNTY, FL Role: QAIQC Manager: Located in Northeast Miami-Dade County at the intersection of NE 131st Street and Memorial Role: QA/QC Manager: Installation of Water Main and Storm Highway. This Neighborhood includes mostly residential Sewer System along Crespi Blvd between 85TH street and developments and some commercial developments. The 79TH Street.The project Includes the installations of over 2500 proposed improvements include the complete demolition and LF of Water Main, over 2800 LF of Storm Sewer collection reconstruction of the existing Seaboard Acres Storm Water system, Installations of pollution Control Structure, Installations Pump Station. The reconstructed pump station has a pumping of Storm Sewer Pump Station, construction of seawall and capacity of 40 CFS achieved by using two (2) electronic landscaping along a residential neighborhood. submersible pumps of 20 CFS each. Also emergency diesel Client:: City of Miami Beach (Eugene Egemba, P.E. (305) 781- pumps backup Generator and Telemetry System for remote, 0391) monitoring, and control of the pumps and generator. Client: Miami-Dade County Public Works (Ruben Arencibia SWEETWATER STORM SEWER IMPROVEMENTS PHASE (305)469-9539) IIB 2013 - 2014 54-INCH REDUNDANT SEWERE FORCE MAIN , CITY OF Role: QA/QC Manager: Installation of about 6000 LF of storm MIAMI BEACH 2015 sewer collection system and two(2)storm sewer pump stations with capacity of 5500 GPM along a residential neighborhood. Role:QA/QC Manager:Aproject that involved a 54-inch sanitary Client: City of Sweetwater(Eric Gomez. P.E.(305)-553-5457) sewer pipeline located in Miami, FL that runs underneath Euclid Avenue and Washington Avenue from Commerce Street to 11 FDOT T6278, FDOT 2014 Street. A world record of aa 3,000 – foot long and a 1,200 – foot long installation of a 54 –inch IPS DR -17high—density Role: QA/QC Manager: Installation of 54" Water Main polyethylene (HDPE) pipe using horizontal directional drilling subaqueous crossing along NW 57TH Avenue between W46TH (HDD) methods. This pipe replaces the existing force main Street and W 53RD Street. sanitary line that was constructed in 1977 and served as the Client: MDWASD (Nelson Cespedes (305)439-8959) sole means of wastewater conveyance through Miami Beach Client: City of Miami Beach DAVID MANCINI&SONS,INC. DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 13A FAB I O AN GARITA L�1�1C`�11� ISI DESIGN BUILDER-QA/QC MANAGER Ita FDOT E6G98-R0—PUSH BUTTON PROJECT Client: City of Hialeah/FDOT(Ignacio Serralta, P.E. (305) 662- 8887) Role: QA/QC Manager: Performance of several drainage and roadway project in FDOT District 6. Project included an TOWN OF GOLDEN BEACH, CAPITAL IMPROVEMENTS emergency drainage project in Downtown Miami and US1, PROJECT, MIAMI DADE, FL Drainage Improvements in Haulover Bridge and drainage Improvements on 163TH Street. Role: QA/QC Manager: Installation of new water main system along Golden Beach Drive, North, Center and South Island INSTALLATION OF SIX (6) 48" PLUG VALVES IN THE Dr, installations of water tight storm sewer collection system, EXISTING PCCP FORCE MAIN ALONG OPA LOCKA BLVD two (2) storm sewer pump stations, utility conversions for ATT, 2012 Atlantic Broadband and FPL, full roadway reconstruction, landscaping and beautification. Role: QA/QC Manager: Installation of 48" plug valves in Client: Town of Golden Beach (Alex Diaz,Town Manager(786) different locations in the existing PCCP Force Main along Opa 236-4211) Locka Blvd. The project included the installation of six(6) plug valves,the installation of twelve(12)line stops, implementation CENTRAL ISLAND DRAINAGE IMPROVEMENTS, CITY OF of extensive MOT, shoring and dewatering. SUNNY ISLES 2008, 2009 Client: MDWASD (Nelson Cespedes (305)439-8959) Role: QA/QC Manager: Installation of water tight storm sewer SAN MARCO ISLAND DRAINAGE IMPROVEMENTS 2011 collection system discharging to storm drainage wells and Improvements to Gwen Margolis Park.The project included the Role: QA/QC Manager: Preinstallations of storm sewer installation of more than 10,000 LF of storm sewer collection collection system and a pump station in San Marco Island. system, the construction of 22 deep wells, the construction of The project Included about 2000 LF of storm sewer collection a football field, landscaping and beautification. system, installation of four (4) deep wells, emergency bypass Client: City of Sunny Isles (Bill Evans,Assistant City Manager and storm sewer pump station. (786) 586-7533) Client: City of Miami (Valentin Onuigbo, P.E.(786)447-9817) SWEETWATER STORM SEWER IMPROVEMENTS PHASE IV 2011 Role: QA/QC Manager: Installation of about 8000 LF of storm sewer collection system and two(2)storm sewer pump stations with capacity of 5500 GPM along a residential neighborhood. Client: City of Sweetwater(Eric Gomez, P.E.(305)-553-5457) FAIRLAWN STORM SEWER PHASE III 2011 Role: QA/QC Manager: Installations of about 10,000 LF of exfiltration storm sewer system along a residential neighborhood. Client: City of Miami (Genady Beylin.(786)972-5048) E 4TH AVENUE IMPROVEMENTS, HIALEAH, FL 2010 Role: QA/QC Manager: Installation of storm sewer exfiltration system and full roadway reconstruction along E 4TH Avenue between 25TH Street and 32ND Street. DAVM MANCINI&SONS.INC DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 r ALEJANDRO " .. MEJIA „iii173M. SAFETY MANAGER l>\\I!)V\\t 1\I nu Industry Experience: 16 yrs Education: AS in Business Administration AS in Civil Engineering OSHA 30 Certification Alejandro Mejia has over 16 years of experience overseen municipal projects in highly urban environments, airports throughout Dade County, Broward County, Florida including storm sewer projects, storm sewer pump stations, sanitary sewer, force mains, water mains, roadway, and neighborhood improvement projects over the past decade. EXPERIENCE MDWASD INSTALLATION OF 42-INCH DIP WATER MAIN BROWARD COUNTY FLL, TERMINAL 4 EXTENSION, AND 10-INCH FORCE MAIN TO PORT OF MIAMI AND PS INSTALLATION OF MULTIPLE UNDERGROUND UTILITIES 9141 REPLACEMENT: AT FORT LAUDERDALE INTERNATIONAL AIRPORT: Safety Manager for the Miami-Dade Water and Sewer Safety Manager for furnishing and installing approximately Department(MDWASD) installation of 9,740 LF of 42-inch DIP 1000 LF in storm sewer pipes ranging from 30-inch to 96-inch; and fittings; 42-inch mechanical joint resilient seated wedge 2000 LF in water mains ranging from 8-inch to 12- inch ductile gate valve;Venturi meter(including valve and fittings, manhole iron pipe and fittings; 1500 LF in 8-inch sanitary sewer mains frame and cover, valve box quick disconnect, and concrete including laterals and new sanitary lift station. In addition to support slab); 260 LF of micro tunneling under existing FEC this, excavation of cast in place concrete piles and preparation railroad right-of-way (including steel casing, drill shafts, and of building pad for new Terminal 4. proposed area of construction); 4,600 LF of twin 30-inch HDPE HDD subaqueous channel crossing along Biscayne Bay MDC INSTALLATION OF 54-INCH BAR WRAPPED from Bayside to Port of Miami; replacement of Pump Station CONCRETE CYLINDER PIPE WATER MAIN AT RED ROAD (PS) 9141 (including existing 8-inch cast iron pipe (CIP) force IV FDOT T-6345: main connecting to wastewater collection and transmission Safety Manager of furnishing and installing approximately system); and installation of approximately 5,000 LF of 10-inch 4300 LF of 54-inch bar wrapped concrete pipe and fittings; 54- replacement force main pipeline between PS 9141 and a point inch mechanical butterfly valves; connections to existing 54- of connection on the mainland (City of Miami). inch water main and connection to existing 36-inch water main, including valves and fittings, access manholes installation. MDC EMERGENCY REPAIRS TO 72-INCH AND 54-INCH PCCP FORCE MAIN AT BISCAYNE BLVD&NW 156 STREET: Safety Manager for an emergency contractor for Miami-Dade Water&Sewer for over 10 years, David Mancini was as called upon to remove 60 LF of existing PCCP and replace with 60 LF section of 42" DIP which was located in the center of SW 2nd Ave entailed extensive MOT, shoring and dewatering. MDC INSTALLATION OF 54-INCH DIP FORCE MAIN AT OPA LOCKA EXECUTIVE AIRPORT: Safety Manager for furnishing and installing approximately 10,900 LF of 54- inch ductile iron pipe and fittings; 54- inch mechanical joint resilient seated wedge plug valves; connections to existing 48-inch force main and connection to existing 54-inch PCCP, including valves and fittings, access manholes installation. DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 RICHARD MANCINI GENERAL MANAGER DAVID MANCINI Era c�a�HINA. Industry Experience:9 yrs Richard Mancini, General Manager for David Mancini and Sons, Inc. has always been fascinated with the underground industry since a young age. When he was young, he would spend his days after school operating all the equipment in our storage yard, and starting around 10 years old, David Mancini Sr., would bring him to job-sites on the weekend to learn how to run equipment. At 15 years old, he got his first summertime job cleaning the shop and doing light mechanic work. Fast forward to present day, Richie is fully immersed in the day to day business of running large diameter pipeline projects and leading the daily operations in the field, including safety, quality, productivity, equipment coordination and Subcontractors management. Richie works in partnership with the Project Management team to build safe and high quality underground utility projects. EXPERIENCE D/BSERVICESFORNEW54"REDUNDANTFORCEMAIN GENERAL MANAGER 54" HDPE SEWER MAIN , 19,985'—Oversee day to day Overseeing trucking and logistics, equipment purchases, activities of the design-build project such as; open-cut sales, and rentals. Mechanics, fuel and lube maintenance, 54" HDPE with in-hole fusion, 54" Drilling and pullback and Fleet Management. operations, Installation of pump station connections, pipe Jan. 2020—Present cleaning operations. Planning multiple crews work days and scheduling deliveries. Designing special pipe fittings and field change designs for constructibility. Assisting the design and implementations of MOT. 7;ec r D/BSERVICESTOINSTALLA48"WATERMAIN FOR AREA N 48"Transmission WM, 15,000'—Oversee open cut installation, sub-aqueous crossing (100' wide canal, 25' underwater); crossing FDOT roadways SR-986 + SR-94, which SR-94 included a 1200'run. Developed MOT Plans, Coordinated with Stakeholders in the neighborhood, kept up to 4 crews busy daily, Designed alternate routes when conflicts emerged. '. 2018—Nov.2019 INDIAN CREEKSTORMWATERIMPROVEMENTPROJECT 72"Storm Drainage 1,500'in Miami beach-included overseeing day to day operations, managing three to five in house DMSI Crews, while overseeing multiple subcontractors. Delivering fast tracked completion dates, installation of 72" drainage, a large pump station consisting of 5+ 100,000 lb structures, smaller diameter drainage structures and piping. Rebuilding a new roadway at a higher elevation. Oct.2016—Aug.2018 OTHER EXPERIENCES INCLUDES: Foreman over seeing 8/12 inch water main installation with rear to front service conversions in Hollywood, FL. Pipe Cleaning supervisor for Airlift Dredging of the 54" HDPE Directional Drill. Spent multiple years as a laborer and operator, running all different types of equipment. DAVID MANCINI&SONS,INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 AorONIQUE WILLIAMS [M. DAVII?�Y\\ Iii iza Experience: Mainline Foreman-August 2017—January 2020 full time—Miami Ave.,Area N,Virginia Key/Fisher Island, Emergency projects: 156th, 163rd, Ft Lauderdale raw water, Ft Lauderdale sewer,42"valves Ft Lauderdale 2010—2017— Helped start and built DMSI when it first opened it's doors, did odds and ends for multiple mainline I restoration crews as laborer/loader operator. From Sunset Island to Biscayne Point became restoration foreman full time. Once Biscayne Point ended went to Alton Road became mainline/restoration forman laying 30" RCP drainage, including trench patching, built storm water pump station on 10th street. Started Hollywood Neighborhood water main improvement for 8/12" pvc pipe with rear to front service conversions. Ft Lauderdale GTL grit chamber improvements. EXPERIENCE MIAMI BEACH 54" DIRECTIONAL DRILL also worked many short spurts on major FDOT crossings first at 72nd street, and then 88th. Without Onsite 7 days a week, coordinating mud removal from drill rig oversaw drilling pressure relief wells along the route, restored Onique started working for Ric Man Intl as a laborer on a once the drills were completed, oversaw the cleaning of the restoration crew under David Mancini SR, when David Mancini internal pipe via airlift dredging. Oversaw delivery and fusing SR left Ric-Man Intl and started DMSI, Onique left with David of 54" HDPE. Sr to help build DMSI to what it is today. MIAMI AVE: 48" PCCP FORCE MAIN 13,100 FT Onique's official position was Foreman but truly acted as Superintendent. In charge of ordering materials, developing MOT plans, managing ultra-small footprint for large diameter installation through Miami's Midtown and Wynwood Districts. Designing pipe alignment through heavily infested utilities corridor when conflicts arose. Also installed around 2000 feet 12"watermain VIRGINIA KEY I FISHER ISLAND Onique gained tunnel tie in experience through installing the vertical 48"pipe inside the shafts, to connect from the tunnel to the tie in points with 90 degree bends. While also building the 36" bypass on the last 1,000 ft of large diameter FM feeding directly into Central District Wastewater Treatment Plant. AREA N Onique gained valuable experience installing a 48" Transmission WM under SFWMD C-2 Canal. This project consisted of extremely hard rock, installation of PCCP watermain 25 feet underwater on an 100-foot wide canal, utilizing 2 large excavators, while also designing the tie in and closing on the existing pipe from another DMSI crew. Onique DA'JID MANCINI&SONS INC. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 RYAN KALTZ DAVID MANCINI gil u INC Experience: Pipeline Superintendent Certs: OSHA 30,CPR/First Aid,OSHA Confined Space Ryan Kaltz has spent most all of his life working for the Mancini Family. He is 3rd generation, his grandfather used to make push rings for the tunnels in Michigan. His father, Daryl, Started working for Richard Mancini, founder of Ric-Man Michigan in 1983. In 2000, Ryan got his first job working for Ric-Man Michigan. First sweeping the floors and picking tools up after the other tradesman. In 2008, Ryan moved to Miami Beach, FL and started working for David Mancini Sr. at Ric-Man, Intl. He started as a laborer installing water services, soon after becoming foreman installing vacuum sewers in the Florida Keys, lift stations and laterals in Broadview Park, overseeing milling and paving operations along SR-441, and multiple water and drainage installation projects. During the 2010 reorganization of Ric-Man, INTL. Ryan left and came to work for David Mancini at DMSI as a Mainline/Project Closeout Foreman. He became acting Superintendent on the recent projects of: Seaboard Pump Station, Convention Center Pump Station, and Area N 48"WM. He has proven knowledge in the underground construction market. EXPERIENCE KEY LARGO—2008 CRESPI DRAINAGE IMPROVEMENTS • Vacuum Sewer Installation Built pump station and installed pumps • Testing • Restoration 11TH STREET MIAMI BEACH IMPROVEMENTS • Watermain/Storm Sewer I Forcemain Improvements BROADVIEW PARK—2009 • Raising Road Elevation • Well pointing • Lift Stations CONVENTION CENTER PUMP STATION—2016 • Sanitary Sewer/Laterals • Install two 35'deep pollution control structures in • Drainage Installations cofferdam • ROW to ROW Restoration. • Install multiple large concrete structures • Install 96" RCP connections between structures CITY OF SURFSIDE—2010 • Clean and complete inspections • Water I Drainage Installation • Coordinate with subcontractors • Water Service/Meter Replacements • Sewer Point/Lateral Repairs SEABOARD PUMP STATION -2017 • Install a 20'x 50'concrete structure via Caisson SWEET WATER PUMP STATIONS method in rock • Clean and Build Pump Stations • Demolition and replacement of storm water pump • Oversee inspections and close out project station • Coordinate with subcontractors VIRGINIA KEY TUNNEL SHAFT • Ordering materials • Ring Beams, Concrete work for thrust wall and tunnel seal AREA N 48" WM-2018 THRU 2020 • Oversee day to day activities ALTON ROAD MIAMI BEACH -2013 • Set up MOT • RCP Drainage and Water Main installation • Review plans for constructability • Pump Station Installation • Cross major roadways (SR-94/SR986) • Oversee cleaning and inspection operations • Install the C-100 Canal crossing (25 ft underwater) DAVID MANCINI&SONS,INC. DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 DMSI DAVID MANCINI & SONS, INC. Miami Beach Convention Center Stormwater. .". _ . i • '' ,r,al. . , .S., ' riiii. , ' 61'14"'"' ` "" - 4.- Js t i", w" --. � i w'ii wry' Crespi Blvd Water Main Project. �, am • - A. .--v : a r 91.1 um adi4 j• -i• t QM fit' "' LLL - ‘it. '- # , ' . ' ' „ ' '.' ..:N. -;:"77.'!‘.14S,-.1, I ' . 414 ih„.4 iiii +/gT •-- '" _. rte',. r'. t a ^fir' iiiw*:w.,.., DocuSign Envelope ID:CO9D7B00-6DCB-49F5-6975-FC712D6C6955 APPENDIX A 1 Bid Price Form (Al ) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Bid Price Form (Al) Page 1 of 1 FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION• . The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization,overhead and profit, insurance, permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. In the event of arithmetical errors between the division totals and the total base bid, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. LUMP SUM GRAND TOTAL (TOTAL BASE BID AMOUNT IN FORM B2, Section A and Section B) $_(:o.' OD.oa 'Allowance for Trench Safe Act $25.00 Cit Of Miami Beach Building Department Permit Allowance $12,500.00 GRAND TOTAL (LUMP SUM GRAND TOTAL + TRENCH SAFETY+ PERMIT ALLOWANCE) $ 1-11 , 125. 0c 'See Section 0100, Sub-section 19. Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains;that this Bid is made without connection or arrangement with any other person;and that this Bid is in every respect fair and made in good faith,without collusion or fraud. The Bidder agrees, if its Bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the Bid pertains. Bidder: . David Mancini.&Sons. Inc. Authorized Agent Name: David Mancini Authorized Agent Title: P sident Authorized Agent Signature: DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 APPENDIX A •Schedule of Values (A2) MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Schedule of Values (A2) Page 1 of 1 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. SECTION A—BIDDERS PRICE(SITE): Item Description Estimated Unit Unit Cost Total Division No. Quantity Cost 1.1 Mobilization/Demobilization(Insurance, 1 LS Survey, Permit, Staging,etc.) $230,000.00 $230,000.00 1.2 Water Based Equipment(Barge) 1 LS $50,000.00 $50,000.00 Removal of existing Timber Boardwalk Structure(Include decking,stringers, beams,fascia, connections, cleats and all ancillary components. Include cross } 2.1 bracing. Pile to be completely extracted, 1 LS not cut below mudline. Includes allowance of up to 4 Mooring Piles for barge access). Includes removal of existing floating docks. $40,000.00 $40,000.00 Removal of existing Seawall Concrete Cap and Sidewalk. Includes capping of 2.2 existing outfall pipe.(Include sidewalk, 100 LF concrete cap,and first course of masonry. Reference Plans) $260.00 $26,000.00 Procurement,delivery and Installation of 3.1 12"x12"Concrete Piles(Includes vertical 22 EA and battered piles) $7,000.00 $154,000.00 Procurement,delivery and installation of 3.2 9°x10'Concrete Panels 10 $6,500.00 $65,000.00 Construct Seawall Concrete Cap 3.3 (Include concrete,forming, installation, 19 CY reinforcingand all ancillary components) . $1,500.00 $28,500.00 3.4 Riprap Installation(Includes filter fabric) 128 TN $300.00 $38,400.00 3.5 Sand/Gravel Fill 8 CY $1,500.00 $12,000.00 Proposed Retaining Wall(Include 3.6 foundation,wall, reinforcing,forming, 20 LF installation,and ancillary components) $1,500.00 $30,000.00 3.7 Turbidity Barrier 120 LF $100.00 $12,000.00 3.8 Protection of Existing Structures 1 LS $1,500.00 $1,500.00 3.9 Vibration Monitoring 1 LS $12,000.00 $12,000.00 SECTION A—SITE SUBTOTAL $699,400.00 Bidder:David Mancini&Sons,Inc. Initials: Pt" DocuSign Envelope ID:C09D7B00-6DCB-49F5-8975-FC712D6C6955 1 Ii APPENDIX B t\A IAMI BE Ac H Pre-Award Forms MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. B 1 Bid Bond DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 BID BOND (B1) Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS,that we. David Mancini&Sons, Inc. as Principal,hereinafter referred to as Contractor, and Travelersc ;aAme and d0��' as Surety,are held and firmly bound unto the City of Miami Beach, Florida, as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent(5%)of the Contractor's Base Bid amount of$ Five.Percent'of Amt.Bid (5%)— lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor,materials,equipment,machinery,tools,apparatus,means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications,and any Addenda thereto,for the following solicitation. Bid No.: 2021-018-DF Title: Madeleine Village Apartments Seawall Replacement WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check,certified check, or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Contractor would,if awarded the Contract,enter into a written Contract with the City for the performance of said Contract,within ten(10)consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Contractor within ten (10) consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds,satisfactory to the City,each in an amount equal to one hundred percent(100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void;otherwise the sum herein stated shall be due and payable to the City of North Miami and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America,as liquidated damages for failure thereof of said Contractor. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 i BID BOND (B1) Page 2 of 2 IN WITNESS WHEREOF,the said Principal and the said Surety have duly executed this bond the 21st day of January Zp 21 . ATTEST: PRINCIPAL: David Mancini&Sons,.Inc. (Cont j' to ame) Signature -r� Signature DAvin MANLit'ti J . DAJrD MAN6\1i Pant Name I ?ilea Name(Principal) \hce -7r..esiDen t-.I t� o'eUte- , ilea ii -ent 4-- Title "Title Title COUNTERSIGNED BY RESIDENT FLORIDA SURETY: AGENT •F• ETY r , , Travelers Casualty and Surety Company of America Signa�e (Surety Name) - Angelo C 4=rvos Tamaria R. Pittman Print Name' Atto 1rNFact(Print Name) 04164/4644.) Signatur (CORPORATE SEAL) (Power of Attorney must be attached.) DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Travelers Casualty and Surety Company of America /A► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Tamarla R Pittman of SOUTHFIELD Michigan , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. Outlay \Mr) ,t ); State of Connecticut City of Hartford ss. - Robert L Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 + *rumor** ruw° Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it Is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 21st day of January , 2021 rn.aaa. arceM9 ,t __ n E.Hughes,Ass�retary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 APPENDIX H M A ii\A 1 B E AC H REQUIRED FEDERAL FORMS (PRE-AWARD WITH BID SUBMISSION) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25)and its implementing regulations at 41 CFR Chapter 60.The implementing rules and regulations provide that any bids or prospective contractor,or any of their proposed subcontractors,should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause;and, if so,whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED. CERTIFICATION BY BIDDER BIDDER'S NAME: David Mancini&.'Sons.,Inc. ADDRESS: 3401 N.Miami Avenue.Suite 213/214.Miami,FL 13127 _ 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes X No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes X No 3. Bidder has filed all compliance reports due under applicable instructions,including F. 100. Yes X No If answer to item 3 is"No",please explain in detail on reverse side of this certification. MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 CERTIFICATION FOR_BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE Name of Project: u • • ,_ A .11 •a S• , [•• Amount of Contract:$ 530.000.00 Prime Contractor: David Mancini&Sons..lnc. Address: 3401 N. Miami:Avenue;Suite 213/214. Miami.FL 33127 Will you hire new employees as a result of this contract? Yes[]Complete form BIDDER'S INITIAL SECTION 3 GOALS No N Complete form SECTION 3 UNAVAILABILITY CERTIFICATION Background: Section 3 of the Housing and Community Development Act of 1968,as amended,requires that when employment or contract opportunities are generated because of a project or activity undertaken by a recipient or HUD financial assistance necessitates the employment of additional personnel through individual hiring or the awarding of contracts for the work,the recipient must give preference in hiring low and very low-income persons.Section 3 requires that recipients not only include low and very low-income persons in their recruitment and solicitation efforts,but that, in fact,extra or greater efforts be undertaken to make these persons aware of the existence of economic opportunities, encourage their application for these opportunities, and facilitate the employment or,or award of contract to these persons. A Section 3 resident is defined as: • A public housing resident:or • An individual who resides in the metropolitan county in which the Section 3 covered assistance is expended and who is:(1)a low-income person;or(ii)a very low-income person Check all that apply: Refer to the Income Limits Chart for Miami-Dade County below to determine if your total household income is at or below the low-income limit depending upon the total number of persons residing in the household. Your business is at least 51%or more owned by Section 3 residents. ElAt least 30%of your permanent,full-time workforce employees are comprises of current Section 3 residents. ElAt least 30%of your permanent,full-time workforce employees who within the 3 years of employment with your business were Section 3 residents. MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 Your business will provide evidence of a commitment to subcontract in excess of 25%of the dollar award of all subcontractors for building trades to be awarded to businesses which meet the above qualifications. My business does not meet any of the above qualifications and I cannot commit to subcontract in excess of 25%of the dollar award of all subcontractors for building trades to be awarded to businesses which do meet the above qualifications. 2020 Income Category for Miami Dade County FY 2020 Median FamilyFY 2020 Persons in Family Income Limit Income Income Limit Category 1 2 3 4 5 6 7 8 Area Explanation Very Low (50%) Income 32,000 36,600 41,150 45,700 49,400 53,050 56,700 60,350 Limits ($) Miami- Miami Explanation Beach- Extremely Kendall, Low Income FL HUD $59,100 Limits ($)` 19 200 21,950 24,700 27,400 30,680 35,160 39,640 44,120 Metro FMR r Explanation Area Low (80%0 Income Limits ($) 51,200 58,500 65,800 73,100 78,950 84,800 90,650 96,500 I A Explanation MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 BIDDER'S INITIAL:SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968. 2. The Bidder estimates that there will be I new employees hired during the performance of this contract.Furthermore,should this contract be let to the Bidder,the Bidder agrees to delineate work force needs(skilled,semi-skilled,unskilled,labor and trainees)by category. 3. Of these new employees,the Bidder plans to hireat least 30 % (percent) from the Section 3 Covered Area(Miami-Dade County).THE MINIMUM NUMERICAL GOAL FOR EMPLOYMENT OF SECTION 3 RESIDENTS IS THIRTY (30) PERCENT OF THE AGGREGATE NUMBER OF NEW HIRES ANNUALLY. PLEASE NOTE THAT ANSWERING ZERO (0) PERCENT TO THIS QUESTION NO. 3 SHALL DEEM THE BIDDER NON-RESPONSIVE. I, David..Manc'ni (please print), as an Authorized Officer of the Bidder,do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968 and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract;the Office of Housing and Community Services will monitor the project to assure compliance with this plan. Company Name: David Mancini&Sons, Inc. Company Address: 3401 N. Miami Avenue,Suite 2.13/214.Miami,FL 33127 27-371.6806. Employer Federal ID# JJ David Mancini ))/ Printed Name Signature 01/21/2021 Date MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 SECTION 3 UNAVAILABILITY CERTIFICATION I David Mancini. , President (Title) Of David Mancini&Sons, Inc (Prime Contractor) Certify that the undersigned does not have any entry-level jobs available.However,should such jobs become available during the project period,the undersigned agrees to accept referrals from CareerSource/referral agency to interview these referrals for the available positions. (If incorporated sign here) ATTEST David Mancini&Sons, Inc. CONTRACTOR . ,. . ._ By .,17 Secretary(CORPORATE David Mancini Jr. Davi( Mancini SEAL)': • (If not incorporated sign here) -• WITNESSES: David Mancini &Sons,Inc. CONTRACTOR 1 { (I) By IN\t=ANI�_:O1 & Gtrre MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY David Mancini&Sons.Inc. Madeleine Village Apts Seawall Replacement Name of Prime Contractor Project No./Project Name This certification is required pursuant to Executive Order 11246(30 F.R.12319-25)and its implementing regulations at 41 CFR Chapter 60.The implementing rules and regulations provide that any bids of prospective contractor,or any of their proposed subcontractors,should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS submitted. SUflCONTRAGTOR'S _ERTIFI CATION SUB-CONTRACTORS NAME: SUB-CONTRACTORS ADDRESS: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes . No 3. Bidder has filed all compliance reports due under applicable instructions,including SF. 100. Yes No 4. If answer to any item is"No",please explain in detail below or attach a piece of paper if needed. Certification-The information above is true and complete to the best of my knowledge and belief. Print Name Signature Date MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID:C09D7B00-6DCB-49F5-B975-FC712D6C6955 INSURANCE REQUIREMENTS The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the Agreement. 1. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 2. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 general aggregate. 3. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. 4. Builders Risk Insurance utilizing an "All Risk"coverage form,with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.). 5. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. 6. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts,or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds(i.e.FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language,effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements,exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a riskworks.com ITB-2021-018-DF Madeleine Village Apartments Seawall Replacement DocuSign Envelope ID:CO9D7B00-6DCB-49F5-B975-FC712D6C6955 INSURANCE REQUIREMENTS Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ITB-2021-018-DF Madeleine Village Apartments Seawall Replacement DocuSign Envelope ID:CO9D7B00-6DCB-49F5-8975-FC712D6C6955 CITY CLERK OFFICE: RAFAEL GRANADO or LILIA CARDILLO DATE: 7/7/2021 FROM : Valerie Velez/Jorge Gueimunde DEPARTMENT: PROCUREMENT EXTENSION: 7490 CONTRACT: ITB-2021-018-DF Madeleine Village Apartments Seawall Replacement CONTRACTOR: David Mancini & Sons, Inc. COMMISSION DATE: 3/17/2021 ITEM NUMBER: C7-L RESOLUTION : 2021-31625