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Contract
ITB`.07710/11: UNIT.; PRICE,; BID; BREAKDOWN (AD,DENDU.M 7) places. Should the Bidder provide more than two decimals on the unit price, the City will round the number to the nearest hundredth, this is'two decimal places to arrive at the total. The TOTAL BASE BID AMOUNT includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, 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. The administrative evaluation process will allocate a total of sixty (60) points based on the TOTAL BASE BID AMOUNT plus none, any, or all alternatives which may be selected at the City's sole discretion and based on funding availability. Bidders must fully complete the Schedule of Prices Bid Form to include unit pricing and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. The General Conditions include certain "Allowance" items that have been delineated below. The Contract Unit Price for these allowance items shall be used only upon the City's discretion, as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used, the Bidder understands that the balance of the cost shall be returned to the City. IN THE EVENT OF ARITHMETICAL ERRORS, THE BIDDER AGREES THAT THESE ERRORS ARE ERRORS WHICH MAY BE CORRECTED BY THE CITY. GIVE BOTH UNIT PRICE AND EXTENDED TOTAL. PRICES MUST BE STATED IN UNITS OF QUANTITY SPECIFIED IN THE BIDDING SPECIFICATIONS. BIDDER AGREES THAT ANY UNIT PRICE LISTED IN THE BID IS TO BE MULTIPLIED BY THE STATED QUANTITY REQUIREMENTS IN ORDER TO ARRIVE AT THE TOTAL. IN CASE OF DISCREPANCY IN COMPUTING THE AMOUNT OF THE BID, THE UNIT PRICE SHALL GOVERN. THE CITY WILL NOT ACCEPT ANY REVISION TO THIS UNIT PRICE FORM, DIVISIONS, LINE ITEMS, ADD ALTERNATES, OR GRAND TOTAL BID, AFTER THE DEADLINE FOR RECEIPT OF BIDS. IN ABSENCE OF ANY TOTALS SUBMITTED, THE CITY SHALL INTERPRET AS ZERO. PROJECT: ITB 07 -10 /11 - RIGHT -OF -WAY IMPROVEMENTS — NEIGHBORHOOD NO. 1- BISCAYNE POINT COMPANY NAME: Summary 1- General Conditions $1,269,125.00 2 - Demolition $385,829.26 3 —Water and Sewer $1,661,833.00 4 - Stormwater $2,417,652.06 5 - Paving and Hardscaping $1,789,132.20 6 - Landscaping /Irrigation and Street Furniture $465,312.70 7 - Lighting $2,506,465.40 TOTAL BASE BID AMOUNT: $10,495;349.61 8 - ADDITIVE Alternate Bid Items $412,409.00 GRAND TOTAL BASEBID ANtOUNT (TOTAL;BASE BID AMOUNT+ ALTERNATES }; ! $10,907,758.61 Bidder's Affirmation: Written Total: Ten million nine hundred seven thousand seven hundred fifty eight dollars and sixty one cent Company: David Mancini & Sons, Inca Address:` 1247 Alton Road, Miami Beach, FL 33139 Telephone: 305- 532 -8827 t Email: dmancini @dmsi.co Signature: Title /Printed Name: President /David Mancini �DI1f iEArlUQ UISGRIPTtQN £� 71 wwi7 tRr p C w[ Allu �'- 1 - General Conditions 1.01 Bonds and Insurance 1 LS $ '.58,700.00 $58,700.00 1.02 Mobilization / Demobilization 1 LS .$ 110,000.00 $110,000.00 1.03 Survey Layout and As- builts 1 LS $ 61,000.00. $61,000.00 1.04 Maintenance of Traffic 1 LS $ 43,000.00 $43,000.00 1.05 Public information/ Liaison Services 1 LS $.. 77,400.00. $77,400.00 1.06 P roject Office / Staging Area 1 LS $ .150,000.00 $150,000.00 1.07 Dewatering 1 LS $''`.53,000.00 $53,000.00 1.08 Other General Requirements 1 LS $ 380,000.00 $380,000.00 1.09 Allowance: For Consideration for Indemnification 1 LS $ `25.00 $25.00 1.10 Allowance: Permits 1 LS $ 80,000.00 $80,000.00 1.11 Allowance: Existing Outfall TV Inspection (Pre and Post) and Repair /Replacement 1 LS $ 200,00000_ $200,000.00 1.12 Allowance: TV Inspection (Pre and Post) of Existing Sanitary Sewer 1 LS $ 56;000.00 $56,000.00 1` General Condit�ons;Total. _� .. $1,269;12500 2 - Demolition 2.01 Utility pipe, plug and place out of service /abandoned 19,800 LF $ . C0.81 $16,038.00 2.02 Remove and dispose utility pipe 2 - 4.9" 50 LF $` 5.40 $270.00 2.03 Remove and dispose utility pipe 8- 19.9" 290 LF $> 10.75: $3,117.50 2.04 Remove existing fire hydrant 1 EA $ 269.00` $269.00 2.05 Relocate existing fire hydrant 16 EA $- 375.00 $6,000.00 2.06 Remove existing structure, manhole 3 EA $. 400.00. $1,200.00 2.07 Remove existing structure, inlet 23 EA $ 344.00 $7,912.00 2.08 Remove curb and gutter 4,590 SY $ 14:50 $66,559.64 2.09 Remove concrete sidewalk 9,125 SY $. 9`40 $85,775.00 2.10 Pavement removal 7,300 SY $ 2.00 $14,600.00 2.11 Clear and grub 6,395 SY $_ 2 .70`:. $17,266.42 2.12 Remove existing tree 26 EA $ 160.00: $4,160.00 2.13 Remove existing palm 100 EA $;, `110:00 : : $11,000.00 2.14 Mill pavement, 1 inch 100,905 SY $ 1.45 $146,312.70 2.15 Relocate existing wood fence 150 LF ;$' =11:00 $1,650.00 2.16 Single post sign, remove 137 AS "$ 27.00` $3,699.00 2 - D emolition; otal $385 ;829.26 3 - Water and Sewer 3.01 16 -inch ductile iron pipe (DIP) 1,000. LF $ `86:00. $86,000.00 3.02 8 -inch ductile iron pipe (DIP) 16,700 LF $ 39':50. $659,650.00 3.03 8 -inch DIP horizontal bends 27 EA $ 140.00, $3,780.00 3.04 8 -inch DIP vertical bends 48 EA $- 154:00` $7,392.00 3.05 8 -inch DIP valves and valve boxes 43 EA $ `966:00', $41,538.00 3.06 6 -inch ductile iron pipe (DIP) 1,050 LF $' 33:00:: $34,650.00 3.07 6 -inch DIP valves and valve boxes 42 EA :$ 650.00;: $27,300.00 3.08 16" x 8" Tapping sleeve and valve 6 EA $ 5,500.00 $33,000.00 3.09 12" x 8" Tapping sleeve and valve 1 EA $ 4;300.00'. $4,300.00 3.10 8" x 8" Tapping sleeve and valve 8 EA $ a; 100.00` $8,800.00 3.11 6" x 6" Tapping sleeve and valve 3 EA $ 900 :00 $2,700.00 3.12 16" x 8" Tee 3 EA $ : 900.00. $2,700.00 3.13 16" x 6" Tee 1 EA $: 800.00. $800.00 3.14 8" x 8" Tee 14 EA $ 500.00 $7,000.00 115 8" x 6" Tee 45 EA $ _: -,400.00 $18,000.00 3.16 Air release valves 35 EA $ 650.00 $22,750.00 3.17 Fire hydrant assemblies - 22 EA $ .2,000.00 $44,000.00 3.18 2 -inch water service in ROW 10,500 LF $ 49.00 $514,500.00 3.19 16" x 12" offset bend 1 EA $ .:....1,500.00 $1,500.00 3.20 8" x 18" offset bend 8 EA $ 360.00 $2,880.00 3.21 8" x 12" offset bend 2 EA $ 310.00 $620.00 3.22 2 -inch cap & plug w/ flushing valve 2 EA $ 430.00 $860.00 3.23 6 -inch cap & plug w/ flushing valve 13 EA $ 511.00 $6,643.00 3.24 8 -inch cap & plug w/ flushing valve 10 EA $ 535.00. $5,350.00 3.25 6" reinforced concrete slab 60 LF $ -79.00 $4,740.00 3.26 Flexible pavement restoration 13,333 SY $ 9.00 $120,000.00 3.27 8 "x6" Reducer 2 EA $ 190.00 $380.00 . $1,661,833.00 -- ; • 3 ::':Water and Sewer Tota 4 - Stormwater 4.01 Core and Tie to Existing Pipe 4 EA $ 535 $2,140.00 4.02 Relocate Exist Inlet .4 EA $ 2,600.00 $10,400.00 4.03 Curb Inlet Type 4, P Bottom 2 EA $ 3,800.00 $7,600.00 4.04 Curb Inlet Type 5, P Bottom 26 EA $ ': 2,900.00 $75 4.05 Curb Inlet Type 5, J Bottom 10 EA $ .3,100.00 $31,000.00 4.06 Curb Inlet Type 6, P Bottom 11 EA $ 3,200.00 $35,200.00 4.07 Curb Inlet Type 6, J Bottom 12 EA . $ 3,400.00 $40,800.00 4.08 Curb Inlet Type 9, P Bottom 10 EA $ .2,300.00 $23,000.00 4.09 Curb Inlet Type 9, J Bottom 18 EA $ 2,550.00 $45,900.00 4.10 Gutter Inlet Type V, J Bottom 1 EA $.' '.3,100.00 $3,100.00 4.11 Ditch Bottom Inlet Type F, J Bottom 5 EA $- `2,450.00 $12,250.00 4.12 Manhole, P7T 14 EA • $ .2,250.00 $31,500.00 4.13 Manhole, J7T 48 EA $ 2,957.00 $141,936.00 4.14A 12 -inch RCP pipe 73 LF $ 41.00 $2,993.00 4.148 15 -inch RCP pipe 20 LF $ 43.00 $860.00 4.15A 18 -inch RCP pipe 1850 LF $ 48.00 $88,800.00 4.15B 14 "x23" - elliptical RCP pipe 135 LF $..::° ;::.60.00 $8,100.00 4.16A 24 -inch RCP pipe 3750 LF $ : `..` 55.00 $206,250.00' 4.16B 19 "x30" - elliptical RCP pipe 675 LF $ ;,73.00 $49,275.00 4.17 30 -inch RCP pipe 2000 LF $ 65.00 $130,000.00 4.18 36 -inch RCP pipe 40 LF $ `: "83.00 $3,320.00 4.19 Flexible Pavement Restoration 4746 SY $ 9:50 $45,088.06 4.20 24 -inch drainage Well (Hole Boring) (assume 25 feet) 28 EA $ ;:1,350.00_ $37,800.00 4.21A 24 -inch drainage Well (Casing)(assume 75 feet) 20 EA $ - .8,600.00 $172,000.00 4.21B 36 -inch drainage Well (Casing)(assume 75 feet) 8 EA $ 9,000.00 $72,000.00 4.22 Special Structures for Drainage Wells 28 EA' $ _ 4,550.00. $127,400.00 4.23 Special Grates for Disconnected Bulb outs 2000 LF $ 108.00: $216,000.00 4.24 Special Outlet Structures w /Red Valve 2 EA $ ';2.1000.00 "> $42,000.00 4.25 Special Control Structures 5 EA $ 6 $31,170.00 4.26 HydroDynamic Separation Structures 1 EA $ =:50;000.00:; $50,000.00 4.27 Stormwater Pumping Station (incl structural) 4 EA $ 526;000.00' $504,000.00 4.28 16 -inch DIP Ductile Iron Pipe 675 LF $ 62:00" $41,850.00 4.29 12 -inch DIP Ductile Iron Pipe 150 LF :$ 39:00: $5,850.00 4.30 16 "x16" Tee 12 EA °$ 2;350.00 $28,200.00 4.31 16 "x24" Tee to Well Head Connector 8 EA $ 3;800.00` $22,400.00 4.32 16" Horiz. Bend 15 EA $ 720 :00 $10,800.00 4.33 16" Vertical Bend 21 EA $ 720:00` $15,120.00 4.34 12" Horiz. Bend 3 EA $ 410:00''. $1,230.00 4.35 16 "x12" Reducer 4 EA $ 730.00: $2,920.00 4.36 Desilting Pipe 4200 LF $ 3:25': $13,650.00 4.37 Desilting Structure 105 EA $ ; 220:00; $28,350.00 4 - 'Stormwater Total I, $2,417;652:06 5 - Paving and Hardscaping 1 5.01- Road base 8 -inch thickness 4,530 SY $ 12:50:; $56,625.00 5.02 Road base 12 -inch thickness (type B stabilization) 4,530 SY $ 1:90` $8,607.00 5.03 Superpave Asphaltic Concrete Pavement.l -inch lift, Type SP-9.5' 76,330 SY $ 5'35• $408,365.50 5.04 Superpave Asphaltic Concrete Pavement 1.5 -inch lift, Type SP -9.5 24,580 SY $ '8.00: $196,643.20 5.05 Superpave Asphaltic Concrete Pavement 2 -inch lift, Type SP -9.5 2,490 SY $ ; ;10.60 $26,394.00 5.06A Stamped asphalt (Patterned /Textured) 1,250 SY $ 20:00. $25,000.00 5.07 pavers, crosswalk 1,825, SY $ 38.00, $69,350.00 5.08 Sidewalk, 4 -inch thickness (red) 8,400 SY $ ": 33.00 $277,200.00 5.09 Sidewalk, 6 -inch thickness (red) 1,275 SY $ :: '40.00 $51,000.00 5.10 24 -inch valley gutter 640 LF $ 13.25 $8,480.00 5.11 Drop curb 4,200 LF $ 13.25` $55,650.00 5.12 Concrete curb, type D 14,800 LF $ : 11.50 $170,200.00 5.13 Concrete curb and gutter, special (2.5' gutter) 5,500 LF $ 17.00. $93,500.00 5.14 Concrete curb and gutter, type F 9,700 LF $ 14.00' $135,800.00 5,15 Detectable warning on walking surface 101 EA $ 190.00 $19,190.00 5.16 Single post sign, f &I, less than 12 SF 132 AS $ . 160.00 $21,120.00 5.17 Double post sign, f &I; less than 12 SF 98 AS $ 250.00 $24,500.00 5.18 Retro- Reflective Pavement Markers 600 EA $ : 2.65 $1,590.00 5.19 Thermoplastic, std,'white, solid, 6" 33,250 LF $ 0.65 $21,612.50 5.20 Thermoplastic, std, white, solid, 12" 4,150 LF $ 1.60 $6,640.00 5.21 Thermoplastic, std, white, solid, 18" 4,600 LF $ 2.10 $9,660.00 5.22 Thermoplastic, std, white, solid, 24" 1,150 LF $ 2.85 $3,277.50 5.23 Thermoplastic, std, yellow, skip, 6" 8,300 LF $ 0.65 $5,395.00 5.24 Thermoplastic, std, white, message 8 EA $ 86.00 $688.00 5.25 Thermoplastic, std, white, arrow 19 EA $ 43.00 $817.00 5.26 Thermoplastic, std, yellow, solid, 6" 12,850 LF $ 0.65 $8,352.50 5.27 Thermoplastic, std, yellow, solid, 18" 195 LF $ .2.10 $409.50 5.28 Thermoplastic, std, white, 2 " -4" skip 490 LF $ 0.65 $318.50 5.29 Auger Cast Piles (Biscayne Point.Entry Feature) 300 LF $ 54.00 $16,200.00 5.30 Cast in Place Concrete - Pile Cap Foundations (Biscayne Point Entry Feature) 65 CY $ 21S.00 $13,975.00 5.31 Cast in Place Concrete - Vertical Pillars (Biscayne Point Entry Feature) 48 CY $ 270.00 $12,960.00 5.32 Concrete Forms and Accessories (Biscayne Point Entry Feature); 12 EA $ 270.00 $3,240.00 5.33 Concrete Reinforcement, for Concrete Work (Biscayne Point Entry Feature) 12 EA $ 270.00 $3,240.00 5.34 Grouts, for Concrete Work (Biscayne Point Entry Feature) 12 EA $ .54.00 $648.00 5.35 Masonry Units - Brick Veneer (Biscayne Point Entry Feature) 480 SF $ 21.50 $10,320.00 5.36 Stone Veneer (Biscayne Point Entry Feature) 192 SF $ 54.00 $10,368.00 5.37 Glass Block (Biscayne Point Entry Feature) 6 EA $ .: 1,000.00 $6,000.00 5.38 Concrete Reinforcement, for Masonry Work (Biscayne Point Entry Feature) 12 EA $ 161.00. $1,932.00 5.39 Grouts, for Masonry Work (Biscayne Point Entry Feature) 12 EA $ 161.00. $1,932.00 5.40 1 Smoot Coat plaster finishes - banding (Biscayne Point Entry Feature) 12 EA $ 161.00 $1,932.00 ving' d scape To $1;789132:20 >5 ''Pa :Hard tal ;! 6 - Landscaping /Irrigation and Street Furniture 6.01 St. Augustine Sod 15,800 SF $ ' 0.35 $5,530.00 6.02 Groundcover 6,890 EA $ 3.20 $22,048.00 ,• 6:03 Shrub 3,711 EA $ . <" .7.65 $28,389.15 6.04 Tree, Medium -Large 439 EA $ - 204.00 $89,556.00 6.05 Tree, Small 117 EA .$ 125.00 $14,625.00 6.06 Palm, Large 100 EA $ _700.00 $70,000.00 6.07 Palm, Small 45 EA $ 470.00 $21,150.00 6.08 Install Rain Bird Bubblers 577 EA $: 23.00 $13,271.00 6.09 Install Rain Bird Shrub Spray Sprinklers 14 EA $ 27.00 $378.00 6.10 Install Rain Bird 6" Pop -up Spray Sprinklers 464 EA $ :33.70 $15,636.80 6.11 Install Rain Bird 12" Pop -up Spray Sprinklers 727 EA $38 $27,807.75 6.12 Install Rain Bird Pop -up Rotors 10 EA $45 $450.00 6.13 Install Rain Bird 1" Solenoid Valve 12 EA $110 $1,320.00 6.14 Install Rain Bird 11/2" Solenoid Valve 14 EA $130,.: $1,820.00 6.15 Install Rain Bird 2" Solenoid Valve 6 EA $156 $936.00 6.16 Install Rain Bird Quick Coupler Valve 36 EA $121 $4,356.00 6.17 Install Motorola Expansion Controller 1 EA $4,650 $4,650.00 6.18 Install Leit 4 Station Ambient Light Controller 2 EA $1,200 $2,400.00 6.19 Install Rain Bird rain Sensor 5 EA $89 $445.00 6.20 Install Pressure Vacuum Breaker Backflow Preventer S EA $454 $2,270.00 6.21 Install 2" Ball Valve 32 EA $71 $2,272.00 6.22 Tie -in to existing system 4 EA $403 $1,612.00 6.23 Install #12 AWG THHN Control Wire 10,000 LF $0.15 $1,500.00 6.24 install #14 AWG THHN Control Wire 43,000 LF $0 12 $5,160.00 6.25 Install SCH 40 PVC Gray Wire Conduit 10,000 LF $1.25, $12,500.00 6.26 Install 3" SCH 40 PVC Main Line - 1,500 LF $3.25 $4,875.00 6.27 Install 2 1/2" SCH 40 PVC Main Line 5,700 LF $2 75 $15,675.00 6.28 Install 6" SCH 40 PVC Sleeve Under Pavement 400 LF $10.33 $4,132.00 6.29 Install 4" SCH 40 PVC Sleeve Under Pavement 4,100 LF $6.37._ ,: $26,117.00 6.30 Install 3" SCH 40 PVC Sleeve Under Pavement 1,500 LF $5 42 $8,130.00 6.31 Install 2" SCH 40 PVC Sleeve Under Pavement 13,000 LF $4.05, $52,650.00 6.32 Install an Arad Flow Meter 1 EA $i,400.00.. $1,400.00 6.33 Install DC latching adapters on solenoid valves 8 EA $147.00; $1,176.00 6.34' Restore existing irrigation to operable condition 1 LS $1,075.00 $1,075.00 - 465312"70 .6;' Landscaping / Irrigatiop and :Street Furniture Total 7 - Lighting 2" PVC Schedule 80 conduit installed in earth /existing pavement /existing sidewalk. Includes hand excavation, saw - cutting, labor, conduits, connectors, warning tape, 7.01' 37,050 LF $ .:. ` 2.60 $96,330.00 pull string, sod restoration, concrete /pavement repair, and backfill complete in lace. #6, 600V, XHHW Conductor installed in new conduits. Includes installation, conductors, testing, connectors, waterproof splice kits, terminations, 74,800 LF $ 1.20 $89,760.00 7'02 identification, pulling compound, pull string, labor and etc. for a complete working system in place. #4, 600V, XHHW Conductor installed in new conduits. Includes installation, conductors, testing, connectors, waterproof splice kits, terminations, 36,350 LF $ 1 35 $49,072.50 T.03 identification, pulling compound, pull string, labor and etc. fora complete working system in place. #1, 600V, XHHW Conductor installed in new conduits. Includes installation, conductors, testing, connectors, waterproof splice kits, terminations, 7 04 2,350 LF $ 2.90 $6,815.00 identification, pulling compound, pull string, labor and etc. for a complete working system in place. New pull box installed in earth complete in place. Includes hand excavation, pull 7.05 box, grounding, rock, waterproof splice kits, identification, labor, sod restoration, 17 EA $ 364.00 $6,188.00 backfill and etc. complete in place. New FP &L splice box installed in earth, provided by FP &L and installed by the 7.06 Contractor, complete in place. Includes hand excavation, labor, restoration, 11 EA $ :'26.90 $295.90 backfill coordination and etc. complete in place. Provide and install new electrical service point, complete. Includes stainless steel enclosure, meter & meter can, panel, circuit breakers, lighting contactor, 7.07 wireways, photocell, surge protective devices (SPDs), conduits, conductors, 6 EA $ 6 000 00' $36,000.00 testwells, grounding, rebar, concrete, connections, testing, identification, splice kits, mounting hardware, hand excavation, labor, coordination, and etc., complete in placp. Provide and install new electrical service point ".D" on new concrete pole, complete. Includes concrete pole, hand excavation, meter & meter can, combination panel- lighting contactor, circuit breakers, wireways, photocell, surge 7.08 1' EA $ 6,000 00; $6,000.00 protective devices (SPDs), conduits, conductors, testwells, grounding, concrete, connections, testing, identification, splice kits, mounting hardware, labor, coordination. and etc.. complete in olace. t New 10OW MH acorn street light luminare, fiberglass pole, and pullbox installed in earth /existing sidewalk, complete in place. Includes hand excavation, saw- cutting, 7.09 fixture, pole, concrete base, pullbox, fuses, fuse kits, splice kits, grounding, 177 EA $ 3,700 00',: $654,900.00 conduits, conductors, testing, lamps, labor, photocell, sod restoration, concrete /pavement repair, and backfill complete in place. New 10OW MH acorn street light luminare, mounted on existing concrete pole, complete in place. Includes removal of existing fixture, delivery of existing fixture, 137 EA $ 1 ",200 00 $164,400.00 7.10 new fixture, fuses, fuse kits, splice'kits, conductors, testing, photocell, lamps, and labor complete in place. New 10OW MH acorn street light luminare, concrete pole, and pullbox installed in earth /existing sidewalk, complete in place. Includes hand excavation, saw- cutting, removal of existing fixture and pole, delivery of existing fixture to owner, disposal 7.11 of existing pole, new fixture, new pole, pullbox, fuses, fuse kits, splice kits, 5 EA $ 1,700 $8,500.00 grounding, conduits, conductors, interception of existing circuit conductor and conduit systems, testing, lamps, labor, photocell, sod restoration, concrete /pavement repair, and backfill complete in place. New 10OW PSMH post top street light luminare, fiberglass pole, and pullbox installed in earth /existing sidewalk, complete in place. Includes hand excavation, 7.12 saw- cutting, fixture, pole, concrete base, pullbox, fuses, fuse kits, splice kits, 4 EA $ 3,450 00 $13,800.00 grounding, conduits, conductors, testing, lamps, labor, photocell, sod restoration, concrete /pavement repair, and backfill complete in place. New 70W PSMH post top street light luminare installed on new pillars, complete in 7.13 place. Includes fixture, fuses, fuse kits, splice kits, grounding, pullbox, conduits, 12 EA $ 1,722.00 $20,664.00 ' conductors, testing, lamps, labor, photocell, and pillar mounting brackets complete in place. New pump station electrical and control system, complete in place. Includes control panel, pump control system, motor controllers, terminal strips, float switches, rain sensor, contacts, motor starters, generator receptacle, receptacles, lighting, switches, UL lableing, conduits, conductors, flow meter, circuit breakers, 4 EA $ 338,435.00 $1,353,740.00 7.14 grounding, ground rods, meter can, pedestal, channel, transformer, mounting hardware, test well, conduit seal, alarm light, testing, wireways, surge protective devices (SPDs), lightning arrestor, concrete, identification, splice kits, mounting hardware, labor, coordination, and etc., complete in place. - $2;506,465. Lighting Total ; 8 - ADDITIVE Alternate Bid Items 8.01 Water Meter - Residential 585' EAR $ -537:00 $314,145.00 8.02 Stamped Asphalt (Patterned /Textured) (2 ft Strip at Stillwater Sub Neighborhood) 692 SY $ 92.00 $63,664.00 8.03 Pavers, Alternate 2 ft Strip (Stillwater Sub Neighborhood) 692 SY $ 50.00 $34,600.00 - 412;409.00 8 ADDITIVE AlternateBid Items $ Document A310 ' � M —2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Nance, legal status and principal place of business) David Mancini and Sons, Inc. Liberty Mutual Insurancetompany 1931 N.W. 40th Court 175 Berkeley Street This document has. important Boston MA 02116 legal consequences. Consultation Deerfield Beach FL 33097 Mailing Address for Notices. with an attorney is encouraged Liberty utual Insurance Company, with respect to its completion or OWNER: Attention: Surety Claims Department modification. (Name,. legal status and address) 1001 4th Avenue, Suite 1700 - Any singular reference to City of Miami Beach Florida Seattle, WA 98154 Contractor, Surety, Owner or 1700 Convention Center Dr., 3rd Floor other party shall be considered plural where applicable. Miami Beach FL 33139 BOND AMOUNT: $ 5% Five Percent of Amount PROJECT: (Name, location or address, and Project number, if any) ITB No. 07 -10/11 City of Miami Beach Right -of -Way Infrastructure Improvement Program - Neighborhood No. 1 - Biscayne Point i _ Miami Beach, Florida The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, 'successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. in When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision I this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and se l Vsl h day of January, 2011 David Mancini and Sons, Inc. I (Princi pa (Seal) (Witness (Title) LibegOutual Insurance Comp ny ( (rrety) (Seal) s (Witness) Olga Iglesias (Title) Charles J. Nielson Attorney -in -Fact S-0054/AS 8/10 • 41�5835 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind,the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARY C. ACEVES, CHARLES J. NIELSON, KRISTI MESSEL, CHARLES D. NIELSON, DAVID R. HOOVER, ALL OF THECITY OF MIAMI LAKES, STATE OF FLORIDA ............................................................................ ............................... ................................... ............................................................................................................................................................ , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as suret and as its act and deed, any and all undertakings, bonds, recognizances and other surety obli gations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/ 100 * * * * * * * *' * * * * *'` * * *'`'* '` * *' *" * * * * * *'` ** DOLLARS ($ 100, 000 ,000.00 * * * * *' * * * * * *' * * * * * * ** _ } each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, M execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C O. as binding as if signed by the president and attested by the secretary. a � e By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By-:Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby *.; A _ authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. O i V N }? W That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. W > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 0 Q. *- —a Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 10th day of September *' o 2010 G� O LIBERTY MUTUAL INSURANCE COMPANY Cc a c Garnet W. Elliott, Assistant Secretary o O *a COMMONWEALTH OF PENNSYLVANIA ss tM N COUNTY OF MONTGOMERY O O CU m t On this 1 day of September _ , 2010 , before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged = O O S that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above .D a� Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. > O fin.. 81 F W CD IN TESTIMONY WHERIyCQF, ( hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year N .� — v first above written 0 0 M C y COMM(%NwEP Ll H 01: PE:NNSi LVA II/ N .: � Not:�rial Seal (7 L 00 O Teresa Pa elh Notary PtlbPa � f' yn:;:uth T� t. 11or t'1<m��r %. ^,rn:y By O 0 Z 0 t t.tiy Con:m :ssic i L..pu .:e. March 25 2013 v ; Ter sa Pastella, Notary Public fr . _ v F. ".rR:h:r F., ;,yvii. kssax:xb�•, �:( Ivaturies O 1 CERTIFICATE �� y 1, the undersigned, Assistant` gecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify,that officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a. meeting duly called and held on the 12th day of March. 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and. affixed the corporate seal of the said company, this 19th day of .laniiary By David M. Carey, Assigtgnt Secretary 00600. CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a: political subdivision of the.State of Florida, hereinafter referred to as City, and DAVID MANCINI- & SONS, INC., hereinafter referred to as Contractor. W I T N E SS E T H, that Contractor. and City, for the considerations hereinafter. named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, . equipment services and incidentals necessary to perform all - of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2:1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to . Proceed issued by the Contract- Administrator. 'Two (2) Notices to Proceed, will be issued for this Contract. Contractor shall commence scheduling activities, perm_ it 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 limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor,` and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed,to mobilize on . the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty -one (21) calendar days of the issuance of the first Notice to Proceed. , 2.2 Time, is of the .essence throughout this Contract. This project shall be substantially completed within four hundred and twenty (420) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from. the date.certified, by Consultant -as the date of Substantial Completion_. BID NO: 07- 10111 CITYOF MIAMI BEACH DATE: December 30, 2010 -..._ _ . _.... 72 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor, shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within.the time specified Jn Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the -time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City.for its inability to obtain full beneficial. occupancy and /or use of the Project. Liquidated damages. are..hereby fixed and, agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will .be sustained by City as a consequence of such delay, and both parties desiring -to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above - stated liquidated damages shall apply separately to each portion of .. Project for which a time for completion is given. 2.4 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. 2.5 Contractor shall be, responsible for. reimbursing City, in addition Ao liquidated A damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion, date specified above, plus. approved time extensions. Consultant construction administration costs shall be pursuant to the contract between -City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due :Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE C©NTRACT SUM [ X ] This -is a Unit Price Contract 3.1 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 .'.: BID NO: 07 -10/11 CITYOF MIAMI BEACH DATE: "December 30; 2010 73 3.2 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 Contractunit price or lump sum' price to which the item is most applicable. [ ] This is a Lump Sum Contract 3.1. City shall pay to Contractor for the performance of the Work described in the, Contract Documents, the total. price stated, as awarded. 3.2 Payment shall be at the lump sum price stated in the .Contract. This price 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 lump sum, should be included in the lump sum -price to which the item is most. applicable: * Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 41 Contractor may make Application for Payment for -work completed during the Project at intervals of not more than once a month. 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. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant 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. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment _and submission of an acceptable updated progress schedule. , 4.2- Ten percent (10 %) of all monies earned by Contractor - -shall be retained by City until Final Completion and acceptance by City. in accordance with Article. 5 hereof, except that after ninety percent ,(90 %) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5 %o) of all monies previously earned and all monies earned thereafter. Any ' reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on . retainage shall accrue to the benefit of City. All requests for retainage reduction shall in writing in a separate stand alone document. BID NO: 07 -10/11 CITYOF MIAMI BEACH �... �_ ::_..... DATE: December 30', 2010 74. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective'Work not remedied: 4. -3.2' Claims filed or reasonable evidence indicating probable filing of claims . by: other parties against Contractor or City because :of Contractor's 1.: performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3:5 Liquidated damages and costs incurred by Consultant :for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by: the Contract Documents. When the above grounds are .removed or resolved satisfactory to the Contract" Administrator, payment shall be made in whole :or in part. " ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days make an inspection thereof.. If Consultant and Contract Administrator find the Work - acceptable', the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of 'the. Contract, Documents have - been performed and the Work is ready for , acceptance' under the terms and conditions thereof. 5.2 Before issuance .of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness 'connected with' the Work -,has been paid, and a consent of the surety to final payment,. the final corrected as- built drawings; and the final bill of materials, if required, and invoice. : 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so 'certifies, City shall, upon certificate of Consultant, and without terminating the Contract, Make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms. and conditions governing final payment; except that it shall not constitute a waiver of claims: 5.4 Final payment "shall be- made- only after the City Manager- or his designee has . reviewed ..::a.written.,evaluation of ahe.:perFormance..of Contractor prepared by the BID NO: 07'-10/11 CITYOF MIAMI BEACH DATE: December 30, 2010 .75 Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 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. 6.2 Where . there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to : this Project; the more stringent state or federal provision shall.prevail. 6.3 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 fora 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. 6.4 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: -6.5 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. BID NO: 07 -10111 CITYOF MIAMI BEACH _. - DATE: December 30, 2010 76 6.6 Notices 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 until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City Procurement Division 1700 Convention Center Drive Miami Beach Florida 33139 Attn: Gus Lopez,. Procurement Director With. copies to` City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor David Mancini & Sons, Inc 1247 Alton Road Miami Beach, Florida 33139 Attn: David A. Mancini 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. to addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized_ Section 27 of'the General Conditions.. Contractor represents that all persons delivering the services required by this Contract have the. knowledge, and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work - and to provide and perform such services to City's satisfaction for the, - agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the, best local and national standards. BID NO: 07- 10/11 CITYOF MIAMI BEACH DATE: December 30, 2010 77 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial : and important to the formation of this Contract and, therefore; is a material term hereof. , City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract.. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. .6.9 Severance 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. 6.10 Applicable Law and Venue This ' Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or. all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial. by jury of any civil Litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms. or conditions contained herein shall . be effective unless contained in a written document prepared with the same- or similar formality as this Contract and executed by the Board and Contractor.. 6.12 Prior Agreements This. document -incorporates and includes :all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no 'deviation. from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that - no modification, amendment or alteration in the terms or conditions .contained herein shall be effective unless set forth in writing in accordance with Section - :. 6.1 tabo.ve. BID NO: 07 -10/11 CITYOF MIAMI BEACH DATE: December 30, 2010 78 'IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI -BEAC UV City Clerk May Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Contractor ATTEST: Co oration) By: (Sect ary) (Signature) w . (Corporate Seal) rint Name and Title) J1 I day of 20 [If not incorporated sign below.] : Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of 20 _ CITY REQUIRES'FOUR (4) FULLY- EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION orne BID NO 07 -10 GITYO ACH DATE:: December 30, .2010 79 00708. FORM CERTIFICATE OF INSURANCE A certificate of insurance form will be attached here. BID NO: 07 -10/11 CITYOF MIAMI BEACH DATE: December,30, 2010 80 .f OP ID: KD ACt.�RD� DATE (MM /DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 0 3/29/11 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 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 248 -544 -4800 CONTACT MCNIsh Group PHONE FAX 26622 Woodward Avenue Ste 200 248- 544 -4801 A/C No Ext : A /C No) Royal Oak, MI 48067 E -MAIL William J. McNish ADDRESS: PRODUCER DAVIDIO CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED David Mancini & Sons, Inc. INSURER A: Amerisure Mutual Insurance Co. 23396 1939 NW 40th Court INSURER B Pompano Beach, FL 33064 INSURER C INSURER D 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 DDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MM /DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A AGE TO RENTED A X COMMERCIAL GENERAL LIABILITY GL207377301 11/19/10 11/01/11 PREMISES Ea occu rrence) $ 300,00 CLAIMS-MADE � OCCUR MED EXP (Any one person) $ 0,000 X Owner /Copt Prot. V PERSONAL & ADV INJURY $ 1,000,00 X Contractual l GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: 0 t PRODUCTS - COMP /OP AGG $ 2,000,00 PRO- POLICY X JECT E T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1 A X ANY AUTO CA207305400 10/26/10 10/26/11 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB , CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STAT OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N WC207377801 11/19/10 11/01/11 E.L. EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE = POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ITB Job No. 07- 10/11 Right of Way Infrastructure Improvement Program - Neighborhood #1 Biscayne Point. Certificate Holder is Additional Insured with respect to the coverage referenced herein per the activities and work performed by the Named Insured CERTIFICATE HOLDER CANCELLATION CITYMIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. Risk Manager 1700 Convention Center Dr. AUTHORIZED REPRESENTATIVE Miami Beach, FL 33139 ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD % DAVID10 PACE 2 INSURED'S NAME David Mancini & Sons, Inc. OP ID: KD DATE 03/29/11 Thirty days prior written notice except en days for non payment shall be given to Certificate Holder in the event of cancellation or non- renewal of the insurance. BOND NO. 964114990 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We DAVID MANCINI & SONS. INC. as Principal, hereinafter called Contractor , and LIBERTY MUTUAL INSURANCE COMPANY as Su rety, are bound to the Cit of Miami Beach... F9r�a.: _� Obligee, hereinafter called City, in the amount of Eleven Mil ion Nine Hundred .Ninety -Eight Thousand Five Hundred Thirty EightDo ($ 11,998,538.4 7I`6r the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. �n�u CC?CI�L r`mr, *ra + r has by an irit�� ag r eement .�..i ....... into Contra - ��rn.� J 1 1 v e �� i�� t�, ti/�+l�l�G�itbl, „t om y vvi, te agreement entered into a boot act, BidlContract No.: 07 -10/11 9th March 11 -- _ - ,awarded the day of , 2g - -- ,with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the , purposes of this Bond are hereafter referred to as the "Contract "; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and' City for construction of RIGHT -OF -WAY INFRASTRUCTURE IMPROVEMENTS NEIGHBORHOOD BISCAYNE POINT the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contra shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO: 07 -10/11 CI°TYOF MIAMI BEACH' DATE: December 30, 2010 81 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not ffect Surety's obligation under this Bond. Signed and sealed this � of WITNESSES DAVID MANCINI & SONS INC. a oration) c By: til (CORPORATE SEAL) (Signs ure) . rint Name an Title} ell ^ IN THE PRESENCE OF: INSURANCE COMPANY: LIBERTY MUW INSURANCE COMPANY B y., Agent and A orn -in -raft - Charles J. Nielson Address 175 Berkeley Street (Street) Boston MA 02117 (City /State /Zip Code) Telephone No.: (617) 357 -9500 BID NO: 07 -10111 CITYCF MIAMI BEACH DATE: December 30, 2010 82 1r BOND NO. 964114990 00720, FORM OF PAYMENT BOND BY THIS BOND We DAVID MANCINI & SONS, INC. , as Principal, hereinafter called Contractor, and LIBERTY MUTUAL INSURANCE COMPANY , aS Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Eleven Million Nine Hundred Ninety -Eight Thousand Five Hundred Thirty -Eight Dollars ($ 11,998,538.47 1 ) for the payment whereof & 47/100 Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract A� 7'_ln /7 i . ea the n t N o.: C, �.,, �� awara day of 11 i is rC Ci 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract "; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN Contractor 'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty -five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO: 07 -10/11 CITYOF MIAMI BEACH DATE: December 30, 2010 83 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not aff ct the Surety's obligation under this Band. Signed and sealed this O T of 20 . Contractor ATTEST DAVID MA NI & SONS, INC. me of Corporation) By: ecretary (Signature) (Corporate Sea! Print Name and Title) - " day of t! , 20_1) . IN THE PRESENCE OF: INSURANC eVOMPANY j� LIBERTY M AL SU C C A By: .. Agent and Attorney -in-Fact - Charles' J. Nielson d - Address 175 Berkeley Street (Street) Boston MA 02117 (City /State /Zip Code) Telephone No.: (6, 357 This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statute4s So THAT THE PROVISIONS AND FNBED. THIS E,D!+tD 1p, +'r',EREB�1�Nt ��� ` 2.- . 6 OB ;,�CT:4N 713: 3 : E , �,;N3 eA I {�F�1 CABLE, F. L ,r^ DTI v 'M Y\G+FFi �� ` � RE BID NO: 07- 10/11 CITYOF MIAMI BEACH DATE: December 30, 2010 84 _ THIS POWER OF ATTORNEY 1S, NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This -Power - of Attorney. limits the..acts of those - named herein,,'and they have no authority #o bind the Company except in the manner and ' the extent Herein stated. LIBERTY MUTUAL INSURANCE COMPANY : BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL_ PERSONS ®Y THESE PRESENTS:: That Liberty .Mutual Insurance Company (the "Cornpan "), a Massachusetts stock insurance _ company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name; onstitute and appoint MARY C, ACEVES, CHARLES .J NIE,LS0N, KRISTI MESS_EL`, CHARLES .D NIELS -6N, DAVID R.. HOOVER ALL .O . THE -CITY OP IVIIAMI'LAKES, STATE OF, - _ each individuall if there be ,.more�than'ohe.name'd its true and lawful att me -i - Y. o y n fact to.make; execute, seal,;acknowletlge and deliver, for and on its behalt -as suret and ,a , s its act and „deed any -_and all undertakin s, bonds,' recognizances .and ; other surety obligations in the enal sum not exceedin ONE: HUNDIRED: MILLION:AND,00/ 100****** * * * * * * * * * * * * * * *� * * * * * * * * * * * * * ** 00,00. 0;00.0.00 * * * * * * * * * * * * p * * * * * * ** g A - r . , ach, and the DOLLARS ($ 1 ) e. execution, of such ,:undertakings, 'bonds. recognizances and other surety obligations, - m pursuance of these: resents, - shall be as bindin upon the l? . Company as if they had been duly signed ' by the president and attested -by the secretary -” the Company in their own "proper persons. That this power ismade.and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts• Section 5: Surety Bonds and. Undertakings R Ar�y officer v! the �orr�pany. autnor!zed for mar purpose in writing by the chairman or me president, and subject to such iimitations as the chairman or the president may prescribe; shall appoint such attorneys -in -fact, as may -be necessary to act in behalf of the Company to.make, execute, cal, acknowledge and - deliver as surety any and all undertakings, bontls, recognizances and other surety obligations. = Such N attorneys =in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their - N 0 signature and execution of any such, instruments and to attach thereto the seal of the Company: When so executed such instruments shall be as binding as �if signed by.the president and attested by the secretary. O —_ By the following instru tha rhairnla of tl? presid has authorized the officer or other official named t herein to appoint a ff nrneyg in_fa�t:. .� M Pursuant Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint. such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute,. seal, acknowledge and _ r deliver as surety any and all undertakings, bonds, recognizances and other surety obligations: 0 cv That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. O W C IN WITNESS WHEREOF, this -Power of Attorney as been. subscribed b an authorized officer or official of the Company and the corporate seal of. E CL a� orne Y _ Meetin g y Liberty M Insurance Company has been affixed thereto in Pl mouth Penns Ivania this 13th day of December . 4-0 � RD m! Mutual p Y D • LIBERTY MUTUAL INSURANCE COMPANY O"L 7r C - f , _ �; n e , Garnef W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA s "s o A) COUNTY OF MONTGOMERY O .0 On this : l 3tli.: = day of Dece;rnber 2010 , before me, a Notary - Public, personally came Garnet W. Elliott to me known, and acknowledged that he'is an'Assistant Secretary of Liberty Mutual Insurance Company; that he,knows the seal_ of said corporation;, and that he executed. the above , Power'of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company - thereto with the authority and at the direction of said corporation. co 3 IN TESTIMONY WHE:f(EOF , l gave hNunto subscribed m name and affixed my notarial seal at Plymouth Meeting; Pennsylvania, on the day and year v first written . Co ' r _ f E S :llittfV€ONWEf,€THOrPEPdN eLVf1 €PA u a fit. Z Nrst £ia€ S a! N r i z Teresa €Pa ell E No°a£y Public ✓ - - :`°. �... iP 1Y3 - Ts «`� �+,'�f�r'P }I'3£'f L i£.i. .. _ Co PE € �... B :,; ar h 2b. 2t} 13 0 C � ` > Ter sa Pastella, Notary Public v r p � _ V., � z i �rrili r Fe t yFv e O � , CERTIFICATES 1, the- undersigned,.Assistant Secretary of Liberty Mutual Insurance Company, do. hereby certify that the original power of attorney of which the foregoing is a full, true correct copy, is in full force" and- effect on the date of this certificate; and (do further:certifytliat the officer.or official who executed the - , said power of attorney is an Assistant' Secretary specially "authorized by the chairman or -.the president to appoint attorneys - - fact as provided in Article XIII, Section 5 of the By- laws -of Liberty .Mutual- Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures: urider and by authority of the following vote of the board of directors of Liberty Mutual Insurance - Company at a meeting duly called and lield,on the 12th day of - VOTED. that" the facsimile or mechanically _reproduced signature of any- assistant secretary of the company, _wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be .valid and binding "upon the company with the same force and effect as though manually. affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said. company, this - day of - :.. By e David M.: Carey, Assi . rit Secretary