Filing# 154089242 E-Filed 07/26/2022 03:05:18 PM

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

EMUNA CONSTRUCTION, LLC,

a Florida limited liabilitycompany,

Plaintiff.

V CASE NO:

PINNACLE ENGINEERING &

DEVELOPMENT, INC., a Florida

corporation,

Defendant.

i

COMPLAINT

PlaintiffEmuna Construction,LLC, sues Defendant Pinnacle Engineering& Development,

Inc. and alleges:

JURISDICTION, PARTIES AND VENUE

1. This is an action for damages that exceeds $30,000.00, exclusive of court costs,

interest,and attorneys'fees.

2. Defendant Pinnacle Engineering & Development, Inc. ("Pinnacle")is a Florida

corporationwith its principalplace of business in Broward County, Florida.

3 Plaintiff Emuna Construction, LLC ("Emuna") is a Florida limited liability

company with its princ*alplaceof business in Miami-Dade County, Florida.

4. All acts allegedherein occurred in Broward County, Florida,this action involves

real property in Broward County, Florida,and Broward County, Florida is otherwise a proper

venue and the most convenient forum for resolution of this dispute.

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*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/26/2022 03:05:17 PM.****

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 1 of 50
GENERAL ALLEGATIONS

5. At all times material hereto,BCD Dania Oaks, LLC ("BCD") was the owner of

the real property in Broward County, Florida located at 5461 SW 40th Ave, Dania Beach, FL

33314 (the"Property").

6. On or about July 10, 2019, Emuna contracted with BCD to construct a townhome

development at the Property (the"Oaks Place Project").

7. BCD hired Emuna to serve as the generalcontractor on the Oaks Place Project.

8 On or about January 21, 2020, Emuna and Pinnacle executed a subcontract for

Pinnacle to perform underground utilityconstruction services for the Oaks Place Project(the

"Subcontract").A copy ofthe Subcontract is attached hereto as Exhibit A.

9- Pinnacle failed to timelyperform construction work under the Subcontract.

10. On or about September 14,2021, Pinnacle abandoned the Oaks Place Project.

11. Following Pinnacle's abandonment, Emuna discovered the work performed by

Pinnacle was defective. The defective work included,without limitation: (i)punctures in the water

line causingleaks,(ii)fernco couplingwrongfullyused to connect sections of the sewer systems

causingleaks,(iii)lateral connections improperlyterminated; (iv)lateral connections improperly

sealed,(v) laterals not properlyconnected and causing further leaks,(vi)faultyinstallation of

equipment causingleaks in manholes, (vii)failure to seal manholes, and (vii)faultyinstallation of

the water line. The defective work resulted in multipleleaks throughoutthe water lines and sewer

systems installed by Pinnacle.

12. Pinnacle's defective work caused property damage to the Property'swater line,

sewer system, the pavers, plumbing lines,sidewalks, and lime rock.

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13. Emuna performed all conditions precedent to be performed by Emuna or the

conditions have occurred.

14. Emuna has been forced to retain the undersigned attorney to maintain this action

and has become obligatedto pay the undersigneda reasonable fee for attorney services.

COUNT I

- BREACH OF CONTRACT

15. Emuna, repeats and reallegesthe allegationscontained in paragraphs 1 through 14

above as if fullyset forth herein.

16. Pinnacle materiallybreached the Subcontract with Emuna by:

a. failingto complete the work requiredunder the Subcontract;

b. failingto completethe work requiredunder the Subcontract on time;

c. failingto perform the work under the Subcontract in accordance with the

specifications;

d. performing defective work;

e. failingto remedy or repairthe defective work; and,

f. failingto indemnify Emuna from all claims, damages, losses and expenses

resultingfrom the defective work.

17. Emuna gave Pinnacle repeated notice of defective work opportunitiesto cure

Pinnacle's defective work, includingbut not limited to notices on the followingdates: April 12,

2022, April 14,2022, April 15,2022, and May 25, 2022.

18. Emuna's notices of defects to Pinnacle were futile. Pinnacle failed and refused to

effectuate any repairsand denied responsibilityfor any defective work.

19. Emuna has suffered substantial damage caused by Pinnacle's breach of the

Subcontract. Emuna has been forced to engage other sitework and underground utilityconstruction

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contractors to correct Pinnacle's defective work and complete the items in order to comply with

Emuna's contract with BCD.

20. Emuna has incurred and continues to incur substantial damages exceeding

$750,000 due to Pinnacle's breach of the Subcontract including,without limitation,costs and

expenses for the additional labor, services and material, extended equ*ment costs, extended

overhead on the project,disruptionand inefficiencyin the performance of the contract with BCD,

and costlydelaysin the completionofthe performanceofthe contract with BCD.

21. Emuna is entitled to an award of attorney'sfees and costs as provided in Article 14,

Paragraph 31 ofthe Subcontract.

WHEREFORE, Plaintiff,Emuna, prays that this Honorable Court render a personal

money judgment againstPinnacle in Emuna's favor in the amount of the damages suffered by

Emuna, togetherwith interest,court costs, and attorney'sfees.

COUNT II - NEGLIGENCE

22. Emuna, repeats and reallegesthe allegationscontained in paragraphs 1 through 14

above as if fullyset forth herein.

23. Pinnacle owed Emuna a duty to use reasonable care in safelyand appropriately

performingunderground utilityconstruction services.

24. Pinnacle breached its duty by violatingbuildingcodes and customary industry

practiceby using fernco coupling to connect sections of the sewer systems causing leaks,

puncturingthe water line causingleaks,and improperlyterminatinglateral connections,failingto

properlyseal lateral connections,improperlyconnectinglateral connections causingleaks,failing

to properlyinstall equ*ment causing leaks in the manholes, failingto properlyseal the manholes,

and failingto properlyinstall the water line.

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25. As a direct and proximateresult ofPinnacle's negligence,the Property'swater line,

sewer system, pavers, plumbing lines,sidewalks, and lime rock were all damaged.

26. To repairsuch damage Emuna has incurred and will incur substantial expenses for

material,labor,services,and equipment costs not within the scope of the projectas specifiedin

the Subcontract and in Emuna's contract with BCD.

WHEREFORE, Plaintiff,Emuna, prays that this Honorable Court render a personal

money judgment againstPinnacle in Emuna's favor in the amount of the damages suffered by

Emuna, togetherwith interest,court costs, and attorney'sfees.

COUNT III - INDEMNIFICATION

27. Emuna, repeats and reallegesthe allegationscontained in paragraphs1 through 14

above as if fullyset forth herein.

28. Pinnacle failed to perform underground utilityconstruction services for the Oaks

Place Projectpursuant to the Subcontract.

29. Emuna engaged other sitework and underground utilityconstruction contractors to

perform the underground utilityconstruction services for the Oaks Place Projectrequiredunder

the Subcontract.

30. As a result of Pinnacle's failure to perform the services required under the

Subcontract,Emuna has incurred and continues to incur substantial damages exceeding$750,000

for expenses for the additional labor,services and material,extended equipment costs, extended

overhead on the project,disruptionand inefficiencyin the performance of the contract with BCD,

and costlydelaysin the completionofthe performanceofthe contract with BCD.

31. Emuna is entitled to an award of attorney'sfees and costs as provided in Article 14,

Paragraph 31 of the Subcontract.

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WHEREFORE, Plaintiff,Emuna, prays that this Honorable Court render a personal

money judgment againstPinnacle in Emuna's favor in the amount of the damages suffered by

Emuna, togetherwith interest,court costs, and attorney'sfees.

DEMAND FOR JURY TRIAL

Emuna demands a trial by juryin this matter of all issues so triable.

Dated: July26,2022

GIVNER LAW GROUP, LLP

Attorneysfor Emuna Construction, LLC

19495 Biscayne Boulevard, Suite 702

Aventura, Florida 33180

Telephone:305-933-9970

Facsimile: 786-520-2704

By-./sl Joseph Givner

J. Joseph Givner

Florida Bar No. 850705

E-mail: jgivner@givner.law

Kevin D. Salinas

Florida Bar No. 1010316

E-mail: ksalinas@givner.law

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EXHIB A

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D ORIGINAL

Emuna Construction.' LLC

(TOGETHER TO BE KNOWN AS CONTRACTOR)

Subcontract Agreement

Contract #

This agreement made as of the 01/21/2020 between the general

contractor and, owner/developer and the subcontractor:

Pinnacle Engineering & Development, Inc.

4334 NW 120th Ave. Coral Springs, FL 33065

The Project: Oaks Place Townhomes

5461 SW 40th Ave. Dania Beach, FL

The Owner: BCD Dania Oaks, LLC

The Contractor and subcontractor agree as set forth below.

Article 1

-

n'I/ Description of the Work to be performed by the subcontractor

1@)Scope of Work:Seeattached Estimate Proposal#1708 (Revised 11-07-2019 rev.2)(Exhibit"B")

CIVIL QivilQrawings W&S / Sheet C-6 & C-7 of 18 / LAT. REV. (none) - 02-23-2017

Civil Drawings PG&D / Sheet C-3 & C-4 of 17 / LAT. REV. (none) - 02-23-2017

Cl to-C18---11/10/2019

Civil Drawings & Details as provided by Gator Engineering on Nov 2019

Article 2

- Time of commencement and substantial completion.

Upon Notice of Commencement.

A schedule of completion dates for each portion of the work

Upon Notice of Commencement. Shall be submitted to the Contractor

for his approval within seven days of execution of this agreement.

However, scheduling of the work shall be done by the Contractor,

and the Subcontractor agrees to abide thereby, including any

changes. Any changes in the schedule which effect work to be

performed within two weeks subsequent to the change must be

mutually agreed upon. Agreement shall not be unreasonably

withheld.

Should the Subcontractor in any way cause delay to the

progress of the work so as to cause any damage to the Contractor or

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any damages for which they shall become liable, the shall SubcontractorJ compensate the Contractor therefore. Recepricalto Subcontractor.

The Contractor,- if it deems necessary, may direct the Sub- contractor to--work ever.time .and-if -so instructed.-the Subcontractor will work said-overtime.-and, -provided that--the .Subcontractor -is not in default in--any-of the--provisions herein,. .the -Con Cotractor will nm,7 the t'#1 Subcontract<Dr for the actual additional wages paid at rates which..have

law on such

been.appr.oved-by the.-Contractor.,..-plustaxes imposed by additional wages,- plus workmen.'s compensation, levies and liability--insurance-. on -.such--additional-wages.-whenrequired to ,--.-

be paid

The

by the Subcontractor.

Article

Subcontractor

4

toprovide schedule asstated in P?i

Subcontractor shall dilf@Fntly proceed to perform the work as per the performance schedule, which may be modified from time to time. If, however, the Subcontractor delays the progress of the Work, the Subcontractor shall, at its own cost and expense, work such overtime as may be necessary to avoid delay in the of the completion building.

With respect to performance by the Subcontractor, time shall be of the essence.

Article 3 Contract Consideration.

The Contractor shall pay the Subcontractor in current funds for the performance of the work, the contract sum of:

$1,270,000.00

(One Million, Two Hundred and Seventy Thousand Dollars 00/100)

The Contract Consideration stated herein to be paid to the Subcontractor by the Contractor includes all Municipal,

labor

State, County and Federal taxes imposed by law, and based upon performed, materials furnished, or services rendered, including but not limited to, sales taxes, use taxes and personal property taxes levied or assessed against the Owner, or the

Contractor, or the Subcontractor arising out of-either the

acquisition by the Subcontractor for the furnishing or installing by the Subcontractor or by any of its subcontractors of

materials, equipment, cr of any other kind of

or the personal property, furnishing of labor and/or services in connection with the Work. Where the law requires any such tax to be stated and charged separately, the total of all items included within the Work and the added tax *hall not exceed the Contract

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Consideration stated herein.

Article 4

-

Monthly Payments.

shall

On or before the 25th day of each month the Subcontractor submit to the Contractor in the form required by the Contractor, and/or the construction lender a written for requisition payment showing the

to that proportionate value of the work installed

(10%); all

date, from which shall be deducted a reserve of ten percent previous payments; and all other charges for material or service furnished by the Contractor to the Subcontractor. The balance

the

of the amount so calculated by the Contractor shall be due Subcontractor on or about the tenth day of the succeeding month simultaneous with the submission of a payment requisition or as otherwise required by the lender, subcontractor will provide a

partial lien waiver on work performed and being paid.

The Subcontractor shall submit with the first requisition for payment a detailed schedule showing the subdivision of the contract consideration into the various parts and the expected month of billing. This is to be used only as a basis for checking the Subcontractors monthly requisitions.

No

agency

final

until

release

final

of lien will be executed to any governmental payment is received.

Article 5 - Final Payment.

The final payment shall be made within Yl!-UX.. thirt GA

DAy s after the completion

thereof

of the Work covered by this Contract and acceptance by the Contractor and the Owner, provided all Plans and Specifications have been returned to the Contractor by the Sub- contractor and also provided the Subcontractor has given to the Contractor satisfactory evidence that the all premises are free from lien or other claims chargeable :06&#q?prEeomifsiensalas

work of performed by the Subcontractor. Ur .to final

General

Subcontractor

Release

shall

and necessary

execute and

lien

deliver

waivers in

to

a

the

form

Contractor,

payment, the

a EI

to the satisfactory

harmless

Contractor, holding the Contractor and the Owner free and from all claims arising out of or in connection with this Contract. If at any time there shall be a lien filed or claim for which, if established, the Contractor or Owner of said premises might become liable, and which is chargeable to the Subcontractor and/or when damage shall be caused by this Subcontractor to other

payment

work, the

then

Contractor

due or

shall have the right to retain out of any thereafter to become due, an amount sufficient to completely indemnify itself and the Owner for any loss or damage, including legal fees and

sustain in disbursements, which either may

at it's

discharging such lien or claim or the Subcontractor may option furnish a surety bond. Should thpre prove to be any

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such claim after all payments are made, the Subcontractor shall

refund to the Contractor all monies that the Contractor or the

Owner shall pay in discharging such lien on or claim against such

premises and all expenses incurred in connection therewith.

No payment made under this Contract shall be conclusive

evidence of the performance of this Contract either wholly or in

part, and no payment including final payment shall be construed to

be an acceptance of defective work or improper materials, nor shall

entrance and use by the Owner constitute acceptance of the Work

hereunder or any part thereof.

Should the Subcontractor be delayed in the prosecution or

completion of the Work by the act, neglect or default of the

Contractor or of any person employed by the Contractor upon the

Work, or by any damage caused by fire or other casualty or by combined action of the workmen, in no way caused by or resulting from default or collusion on the part of the Subcontractor, or

any extraordinary conditions arising out of war or government

regu-lations, then the time herein fixed for the completion of

the Work shall be extended for a period equivalent to the

time lost by reason of any or all causes aforesaid, which

extended period shall be determined and fixed by the Owner but no

such allowance shall be made unless a claim therefore is

presented in writing to the Contractor within forty eight hours of the commencement of such delay. Such extensions of

time shall release and discharge the Contractor of and from any

aforesaid

claims which

causes

the Subcontractor may have on account of any of the IJ of delay.

Retainage-amounts-c-an-be-"--used-by---Cont.ractor -to OK f

cure -per IVJ

ormance-fail-ure-s--i"n-- mat-eci-als-- -or--wcirkmanship-:

Subcontractor is relying upon the financial responsibility of Owner in performing the Work. It is understood by

Subcontractor that payment for the work is to be made from funds

received from Owner by Contractor. Final payment to Subcontractor

herein is thereby conditioned on receipt of payment from Owner.

Payment by the Owner to the General Contractors is an absolute

condition precedent to @i payment by the contractor to the

subcontractor. Nothing herein is intended to establish any

sch.e-?u?ed?time.E?I-Payment.S.ubc.0?n.tractorreserve.sthe the .dghtto.cease aH.workon/?t* projectshould G.C. fail to pay by the 10th of each month.and re-mobilize,no later thanRB)bus.

days of receiptof funds.

The obligation of Contractor to pay subcontractor for both

services and materials under this contract is conditioned upon

payment by Owner. The receipt of payment by the Owner shall be a

condition precedent to payment to Subcontractor, in accordance t?EX with the payment requests as set forth in this contract. AF,U Shoul-d?-? the owne-r-???-??w-i--t-hh-el-?d -

paymeri-t /Ul any- reas-on -i-n-cluding --but

not,-- limited LU lau.t-Ly -workmanship- --by---- fub--Contractor, Iiyri

Contracto-r shall -not ---be W Please Initial

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liable for .4 1 payment to Sub-Contractor.RecepricaltoSubcontractor.

An-t?-i?1 e-6--Labo?--t-@--be-em-p-l-Syed

The Sub-cont-paetor shall n.e.t e.mp.1-@* men G-r- msa-ns w-h-i-ch ma.y ga-us-e- s.t-r.i.k.e-s-,- we-nk- stg.ppag.e or any di.stur-ba-nees by w-e-*-kmen 8a=

pl.oye.d-...bys-ubGG.y}t-?;a?ct.ar?si-n-a.i:?-y--wo.p.k...-wl?:i..eh-i.-s--t.ha

re-la.-ted to Gzt in ecn-ne-gtion with th-e 1<Gati#n h-egpsinbe-f,o-re

me-n-ti-OAad.- T-h-e Swbg.gn.Ua.et.@.r- ag.ness that aU. di-s-p.utas. a.s t.o

g-f t-?ade.s a-jyis-ing.@-n .t.he. ?j-ob s-ha.1-1 be adj-u.s.te.d in

a-g.a.e-zzda-AGe wi.--tla a-n.y? plan fer the ae?t-tlem:ea.t of 4-=-Ls.di-Gtio-mal

di,s-p-u,t-e-swh-i-ch ma-y be in e-f-fag-t ei--t-he.n na-ti-or=a-114 sz -i-m t-he

lo=*J==it9 in wh-ich the Wosk is being d-en-e-r p-nouided that this. 2.I/ AEILRAGEJIT-32immbaS.7-wMWWn-JIZ?--g on-fl-i.ct-- wi-t-h

o-E----La-w--.a-ppl-i-g?ab-]=.e---to-th:a.-*ss.t.t-1-ament---e-f.--?suG

S-how-]d tb.e

Sub<z. nt.?acte-p -fail t.o Ga.?Hz? e-ut th-e.s-e p#Gv-igion-s..r- -th-@ Cgntra.cto?*:

?> 31?ali- de-1=.iu-e-?i.@.d be?a-t t.o-J=ttr*yr-af-tri. t.h.e J=a-s-t kr=Gw-nffzre?-eiy!- a-ddl?.es-s -5-?tt?e.a??? n-e?iff-ma?-led y.r. o.f t.he S-ubc-g*t-na.et.e-r:?-it.e

I te-rmi-?nate th.ig gent-Ea-g-* g-n ang p.ait t.h-e-neo-f o-r the empl.e-y-me-nt e.f

t.he- S.ub-=gnt.*.act-eg fe-n th-e. s.a-id We.2:?k.,-a-nd .the Co.n?Ua.cte-r. ma.*,- f.@g the puppg-sa Gf =empl-@-timg the Wo.nk-r Gate-*; u.p-Q-n tbe p=emi-s.e.g and: ta ke -Th e Con-t.pa-gte-r. sbal-1 haue the =ight tre employ both.--u-n-io-n-a-nd-ngn--u?-ion--labG-E-r

Article 7 Government Taxes.

The Subcontractor, for the Contract Price herein provided for, hereby accepts and assumes exclusive liability for, and shall hold the Contractor harmless against the payment of:

1. All contributions, taxes or premiums which may be payable under the Unemployment Insurance Law of any State or under the Federal Social Security Act, measured upon the

payroll of employees, by whomsoever employed, engaged in the performance of the Work included in this contract.

2. All sales, use or other taxes levied or assessed against the Owner, the Contractor or the Subcontractor arising out of the Work, including but not limited to taxes on

any kind of building materials, supplies or equipment.

Article 8 Patents.

The Subcontractor hereby agrees to indemnify, protect and hold harmless the Contractor and/or the Owner from loss or damage and to reimburse the Contractor and/or the Owner may be put because of litigation on account of infringement or alleged infringement of

any letters patent or patent righys by reason of the Work or

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materials used by the Subcontractor.

Article 9

-

Assignment or Transfer.

Neither this contract nor the monies due shall be assignable without the consent of the Contractor and any assignment without such consent in writing shall best no right or action in the

assignee against the Contractor. Subcontractor shall not sublet '

the wholeconsent

or any part of this Subcontract without prior writt,e? DL of the Contractor.

Article 10 - Termination of contract. Recepricalto Subcontractor. iui AU,EJB C

The Contractor shall have the right at any time to cancel this

Contract and require the Subcontractor to cease work thereon, in which case the Contractor shall reimburse the Subcontractor for

reimbursable costs incurred plus a prorate share of the profits on

the work performed to date, except that the Subcontractor shall not

be entitled to prospective profits on work unperformed and/or material unfurnished.

Article 11 Guarantee.

Unless a longer period is provided in the Specifications, or

General Conditions, the Subcontractor shall repair at its own

expense and at the convenience of the Owner, any defects in

workmanship or materials discovered within one yearfrom the date of the acceptance of the Work included in this Contract.

The Subcontractor hereby guarantees the Work to the full

extent of the provisions of plans, specifications and general conditions.

In any event the Subcontractor shall pay for all damage to the

building resulting from defects in the Work and all expenses

necessary to remove, replace and/or repair the Work and any other work which may be damaged in removing or repairing the Work.

Article.12 Accident Prevention.

The Subcontractor agrees that the prevention of accidents to

workmen engaged in the work under this Agreement is the

responsibility of the Subcontractor. The Subcontractor agrees to

comply with all laws, regulations and codes concerning safety as shall be applicable to the Work and to the safety standards established during the progress of the Work by the Contractor. When so ordered, the Subcontractor agrees to stop any part of the

Work which the Contractor deems unsafe until corrective measures,

satisfactory to the Contractor, have been taken and further agrees to make no claim for damages growing out of such stoppages. Should

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the Subcontractor neglect to adopt such corrective measures, the

Contractor may perform them and deduct the cost from payments due

to become due the Subcontractor. Failure on the part of the

Contractor to stop unsafe practices shall, in no way, relieve the

Subcontractor of its responsibility.

The Subcontractor hereby assumes entire responsibility and

liability in and for any and all damage or injury- of any kind or

nature whatever to all persons, whether employees or otherwise, and

to all property, growing out of or resulting from the execution of

the Work provided for in this Contract or occurring in connection

therewith, and agrees to indemnify and save -harmless, the

Contractor, its agents, servants and employees from and against any and all loss, expense, including legal fees and disbursements,

damages or injury growing out of or resulting from or occurring in

connection with the execution of the Work herein provided for or

occurring in connection with or resulting from the use by the

Subcontractor, its agents or employees, of any materials, tools,

implements, appliances, scaffolding, ways, hoists, elevators, works

or machinery or other property owned, rented or borrowed by or

assigned to the Contractor whether the same arise under the common

law or the so called Workmen' s Compensation Law (which may be in

effect in the locality in which the Work is situated) or otherwise.

In the event of =hnr; any such lossr expense, damage or injury, or if

claim or demand for such damages is made against the tontractor,

its agents, servants or-employeesr.the Contractor. may withhold from

any payment due or hereafter to become due to the Subcontractor

under the terms of this contract, an amount sufficient in its

judgement to-protect-and-indemnify it from any.and.all.such claims,

expenses, including .legal. fees -and-disbursements, loss, damage or

injur.y, or the Subcontractor i.n it.s discretion, may furnish a

surety bond satisfactory to the Contractor guaranteeing such

protection, which bond shall be furnished by the Subcontractor

within five -days after .writ.ten demand has.been..made therefore.

Article

Article 13-Change

14 - Additional

Orders or additional

Provisions.

work performed will

Crew

utilize

&

pricing

Equip

as

Costs.

per Exhibit

(attached):'

"E" @1

It is further understood and agreed that included in the r'

Agreement price, but not necessarily limited to, are the following R items:

1. The Subcontractor in making or ordering shipments shall not

consign nor have consigned materials in the name of the

Contractor.

2. The Contractor, at the Subcontractor's request and with the

Contractor's 4

agreement may write joint checks to Subcontractor

and their material suppliers, subcontractors or subcontractor,

labor unions, equipment suppliers, etc. if by mutual agreement, it is necessary to do so to insure payment to the above

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named parties or if above named parties have filed a Notice to

Owner, Lien or Intent to Lien, etc.

3. Subcontractor shall be required to protect the work of others

during the performance of work under this agreement and shall

be responsible for damage to u-he work of others caused by his

neglect.

Z.. Subcontractor will be responsible for jurisdictional disputes

and claims by other crafts over work included in this agreement. The Contractor will be held harmless for extra costs

incurred in the settlement of said disputes.

5. Unless otherwise provided, rhe Subcontractor shall provide for

any safe storage, temporary facilities or services he may

need.

6. Any work that is not perr formed in accordance with the plans

and specifications shall be removed and replaced and/or

repaired. This shall include issues of quality of workmanship

that is standard practice in the industry.

Subcontractor acknowledges and agrees that One Hundred Dollars

($100) of the agreement Drice -1- ..- I- represents the specific consideration paid by the Contractor for all the indemnifications from Subconnractor to the Contractor and owner under

the terms of this Agreement and all Agreement documents and

made a part hereof.

8. This agreement includes a. 1 work to be accomplished on this

project which is claimed by the crafts employed by

Subcontractor, unless it is specifically excluded in this

agreement.

9. Any appeal for a time extension due to manpower shortage must

be made in writing and accompanied by a letter from the

relevant agent (or other satisfactory local Union Official).

10. Sufficient personnel shall be furnished by the Subcontractor

to promptly calculate and negotiate any changes, additions, or

variances. "Promptly" means in a reasonable time and in no

case greater than one week and generally less than one week.

11. Work done on a time and material basis will be signed for

daily and invoiced weekly not later than one week following

the week in which the work was done. If work under an order

extends beyond one week, then a statement will be forwarded

weekly with the last statement marked "final".

12. Subcontractor has familiarized himself with the construction

site and conditions, surrounding streets, access and

congestion, and will coordinate deliveries, storage, timing,

flga-se Initial

Paae 8

A?r

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 15 of 50
etc. and comply with reasonable requests and requirements of the Contractor and the authorities having jurisdiction over

the surrounding streets.

13. All safety precautions are to be taken as required by the local codes of the State of Florida, the Florida Industrial

Commission, and the Federal Occupational Safety and Health Act. Subcontractor will be held liable for any fines levied

or delays to the job progress because of his failure to do so.

14. It is understood and agreed that Subcontractor is aware of the necessity of working in cooperation with all the other trades on the project. It is further understood and agreed that the Contractor shall coordinate all of this work and that the Subcontractor shall perform to the Contractor S

satisfaction at all times in regard to progress and

workmanship.

15. The work shall proceed in accordance with the current

updated Progress Schedule which is hereby agreed to by the

Subcontractor. Otherwise, the Subcontractor will revert to whatever means necessary to include overtime, extra shifts, and additional manpower, to overcome delays and maintain the

Progress Schedule.

16. This project is to be manned by competent personnel with an

adequate supply of men and equipment to expedite a safe and

proper installation and to maintain the Progress Schedule.

17. A Certificate of Workmen's Compensation and Employer's Liability Insurance and Certificate of Subcontractor's PUblic

Liability Insurance are to be furnished in the amounts heretofore specified to the Contractor before work is begun and kept in force during the execution of the work outlined-in this Agreement.

18. A competent superintendent to supervise the work will be furnished by Subcontractor. The superintendent will maintain schedules and perform his phase of work at all times in coordination with the Contractor.

1!?. Subcontractox's..superintendent, .foreman, -or ni-ter

\, des ignated i??di.yj.ciu tlis w.i.J=-1

?

g?i.ue ?

4 report Za/D u#e

Contract-e-U-s- field office eu@49 m-c=n.i.ag Rbefore 9-:-O-C a..--m?r-)- iFiD8 whenever Subcontractc-i has men working GA tb,-* prn-j-G@t--r T-b@

t7 report. will state the-nurj.ber--.Iif- -41ClheLbl}Jktl1227-RasZZR the proj ect that m*rning amd .tlae subdivis-ion ?>f zam.e .i.at.e

sateggories (foreman,- tradesmen, la.borers, - apprentices, etc. ) .

20. Subcontractor will be responsible for the protection of

Please-Initial

Page 9

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 16 of 50
stored materials delivered and stored on site. All materials

damaged, lost or stolen shall be repaired or replaced by

Subcontractor at no cost to Contractor. The value of stored

materials may not be paid for before permanent installation

unless the Owner and lender approve the procedure.

21. Subcontractor will be responsible for supplying his own ice,

water, cups, dispenser, etc., for all of Subcontractor S

employees during the course of the construction contract.

22. The dimensions given on the Plans and Specifications

are approximate only and the Subcontractor shall take such

measurements as will insure the proper matching and fitting

of the Work covered by this Contract with contiguous work. The

Subcontractor shall prepare and submit to the Contractor such

shop drawings as may be necessary to completely describe the

details and construction of the work. Approval of these shop

drawings by the Contractor and/or the architect will not

relieve the Subcontractor of its obligation to perform the

work in strict accordance with the plans and/or specifications

or the proper matching and fitting of the work with contiguous

work. Additionally, AS BUILT DRAWINGS shall be submitted to

the Contractor upon completion of the Contract. Should the

proper and accurate performance of the work included in this

contract depend upon the proper and accurate performance of

other work not included in this contract, the Subcontractor

shall use all necessary means to discover any defect in such

other work and shall report the said defects in writing to

Contractor before proceeding with the work and shall allow the

Contractor a reasonable time to remedy such defects.

23. The work included in this contract is to ba.done- under -tke,

dneewtrKnlncdutenantthsnsfontractofstho (????)?**ffr@8)%5 'r (

decision of-Contractor as to the true construction and meaning

of the Plans and Specifications shall be final. The

Contractor will furnish to the Subcontractor such additional

information and plans as may be prepared by the architect to

further describe the work to be performed by the Subcontractor

and the Subcontractor shall conform to and abide by same

insofar as they are consistent with the purpose and intent of

the Plans and Specifications. The Contractor shall reserve

the right, from time to time, whether the work or any part

thereof shall not have been completed, to make changes,

additions and/or omissions in the work as it may deem

necessary, upon written order to the Subcontractor. No such

changes, however, shall be made in the work, except upon the

written order of the Contractor.

24. Subcontractor's overhead and profit charges will be computed

on the following basis for all revisions to Subcontractor S

Please Initial

Page 10

wWl

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 17 of 50
Agreement amount: See Article 13

A. Contractor instigated Change Order:

Subcontractor s actual costs of increased labor, material

and equipment, as approved by Contractor, plus ten percent

(10%) for Subcontractor's overhe,?-agd, profit.

B. CcntIactoI Eeguested-oveirtimei---TDJY- K

(--s.e-e A?rticle i of--this--Ag-reementli'tkA/'j

C. Contractor back charges Eo Subcor;U@Etor:

Actual costs of labor, material, equipment and

subcontractors incurred by Contractor, plus ten percent (10%)

for Contractor's Overhead and Profit.

D. Subcontractor's charges to other subcontractors who have

Agreements with Contractor on this job:

Subcontractor's actual costs of labor, material and

equipment, plus ten percent (10%) for Overhead and Profit.

25. notwithstanding any other provisions in this Agreement,

any claims fQr additional compensation by Subcontractor for

th?s job and ?LhiB<Agreement wiil be considered waived by Subcontractor ifhxot presented by Subcontractor to Contractor

within three *3)(5)daysof conditions

,

becoming evident-to

Subcontractor '*ich may cause additional cost or work to Subcontractor. Notwithstanding the receipt of said claim by

Subcontractor to Contractor, Contractor does not accept any or

all said claims unless Subcontractor is notified in writing of

acceptance of said claim by an officer of Contractor.

26. Subcontractor shall provide sufficient, safe, and proper

facilities at all times, for the inspection of the work by

Contractor representatives in the field, at shops or at any

other place where materials required there under are in the

course of preparation, manufacture, treatment, or storage. The

Subcontractor shall, within twenty four hours after receiving

written notice from Contractor to that effect, proceed to take

down all portions of the Work, and remove from the premises

all material, whether worked or not worked, which shall

condemn as unsound or improper or as in any way failing to

conform to the Plans and Specifications and the Subcontractor,

at its own cost and expense shall make good all work damaged

or destroyed thereby and replace all materials removed with

proper materials.

27. Should the Subcontractor at any time neglect to supply

a sufficiency of skilled workmen or materials of the proper

quality and quantity, or fail in any respect to prosecute the

work with promptness and diligence, or cause by any action or

omission the stoppage or delay of or interference with the

work of the Contractor or of any other Subcontractors on the

building; or fail in the performance of any of the agreements

on its part contained herein; or become bankrupt or insolvent

Please Initial

Page 11

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 18 of 50
or go into liquidation either voluntarily or under an order of

a court of competent jurisdiction or make a general assignment

for the benefit of creditors or otherwise acknowledge

insolvency, the Contractor shall be at liberty, after three

days' written notice to the Subcontractor, mailed or delivered

to the last known address of the latter to provide through

itself or through others any such labor or materials, and to

deduct the cost thereof from any money due or thereafter to

become due to the Subcontractor under this Contract; and

G-?t-r-aGt-@2?ba-Ll-a-Ls#-beat-2-iD@EA-to- teEm-imat-e--tb@-B;npdG??=

meat o.f t.he Subc.on-tr.a-ct-g-r f-o-r the said Wep.k and -t.e e-nt.e-1? e.lq.

the--pr-ami.s.e-s.-a-ngbtake-Pe-sg-es-g-ien-f--the.-pu-*Gse-e.f..?.GGmpleting.

tbe we-D-k iAG-l?Uded i.n this Goatna-Gt-r Q.f- all mater-ia-1.s-r teG1-SF@Ii a??W??4?L??4?4je??hT??G??J-? 6?Q?tt?a?-?? a?1??moat??I?a?-?&? ?=-R?G?

U/'t ?221123igh--t-he-wgg-k and--t-o-*r-@JAi-de-ma-terial-s---t.here-fer-e-..

An<i...-th.e-S.ubgon-t ract er hereby---as.s-i-g-n-a--t-na-n-s-jle-ma---a.n.GL-s-et-s.?-?-Qv-er

unt-o Cont-pa-cto.p al-1- a-ad e-u-e-a? of -t.h@ said Subcont.ractezls.

righta -i-a ma-te-dial-s-r. t-Q-olg? and app-liances- In case of such

termination of the employment of the Subcontractor, the said

Subcontractor shall not be entitled to receive any further

payment under this Contract except for joint payment to

material suppliers and/or sub subcontractors until the said

work shall be wholly finished, at which time, if the unpaid

balance of the amount to be paid under this contract shall

exceed the expense incurred by Contractor in finishing the

said work, such excess shall be paid by Contractor to the

Subcontractor; but if such expense shall exceed such unpaid

balance, then the Subcontractor shall pay the difference to

the Contractor. The expense incurred by the Contractor shall

include the cost of furnishing materials and of finishing the

work, also any damage incurred through the default of the

Subcontractor.

28. The Contractor shall not be responsible for loss' or damage to

the work included in this -contract after final

???eptw.onr.k. oifnctihu.dewd.rkinby tthhi??&1#?8.pg?#gr??-#R. Nor shall it

'? JJ?>. be responsible for loss or damage to materials, tools, or

appliances of the Subcontractor used or to be used in its

construction however caused.

29. It is understood and agreed that included in this Agreement

Price is prompt and continuous cleanup of all debris created

by Subcontractor's forces from the job site. All floors shall

be left in a broom clean condition immediately following work

completed in an area. In the event of accumulation of trash,

waste materials, dirt, etc., caused by this Subcontractor and

other subcontractors, then @ubcontractor will contribute to a

composite crew or pay a

fai? share of costs. If these areas

Pagqi12

Pl*Me Initial

g

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 19 of 50
.d

R

are not properly cleaned, it is understood and agreed Ehat the

Contractor will complete the work and all costs will be

charged to Subcontractor. All excess debris will be put in

dumpster outside of building and Contractor will haul away at

their expense.

30. Layout of all work included under this agreement is the

responsibility of the Subcontractor.

31. In the event that rhe Subcontrac4-Eor 3. S in-- l breech of

this agreement, it shall indemnify and hold harmless the

Contractor from all damages including cost and expenses and

attorneys fees and costs.

32. Subcontractor must give three days notice before the filing

of any lien.

Article. 15 - Compensation Insurance.

Before commencing the work, the Subcontractor shall procure

and maintain at its own expense, until completion and final

acceptance of the work, at least the following insurance:

1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE in

accordance with the laws of the State in which the work is

situated.

2. CONTRACTOR'S PUBLIC -r T- 7, T--? 7- T Trrv L-1 Ana.1. 1.T.Y INSURANCE (including

CONTRACTOR'S PROTECTIVE T,TZARTT:TT) LJ 1 /1..) l' i INSURANCE if the Subcontractor sublets to another any portion of the work under this

contract) with the following minimum limits.

Bodily Injury, including death: $1,000,000 per person

$1,000,000 per accident

Property damage: $1,000,000 per accident

$1,000,000 aggregate per

policy year

Before commencing the work, the Subcontractor shall furnish a

certificate from all insurance .. ompanies showing the above

insurance is in force, stating policy numbers, dates of expiration,

and limits of liability there under, and further providing that the

insurance will not be canceled or changed prior to at least thirty

(30) days after written notice of such cancellation or change has

been mailed to Contractor.

If the Subcontractor fails uo procure and maintain such

insurance, Contractor shall have the right to procure and maintain

the said insurance for and in the dame of the Subcontract.or and the

t

-Rlgasp Initial

Pageil3

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 20 of 50
Subcontractor shall pay the cost thereof and shall furnish all

necessary information to make effective and maintain such

insurance.

E , M Ar tic le-16---Be-ad-s-.-

It1j#

The Subcont?a.Gte.g shal-1 fu-/mi.sh t-G tb-e CGnl=pa=t.er a bend in

I th-e am@-unt o5 N/A gua-ramt-eeing th.e iaith.ful pem-f-Q-rma.lqoe ef t-he

k" prjv-il-ien-si.-xz>Z----tu-Lsf--624.12t---IEI-ik-L--1?U---LLUe-I---1-iu*jR

N

the--s-ug.e.t.y--t-h-e-Keo.m -t.<>----b-f 2-atis'faet-e.ny tg-t-h.e-.-.CGnt.lsact.Gn,-

Fundi-ng must be- satis-fa-g-t-*r-idy p-laae-d i.n. a.n @s.GKGW agee.u.n.t with

ue=L:i=.f..i.eat-iGm--e-f--ab.G.ve-app-=ued-by.......the--Bonding Company.

Article 17- Additional provisions.

Additional provisions are included in exhibit C.

Article 18.- Phasing.

Con-t racton ?has--th.e---opt-#--of -...phasi-ng.---the--.<j-ob-..-and---wi= -11-indi.cate

so te Sub=Gontzla=tor 5 days befgge sta?.ting the -j-ebi tn writi-rbg,

tb?at 1-e.tter wi=-1-1 G-@.m?s.t-i-tiite tbe Ex.hi:.bi.t D,-- -In s-am:e .the a-m@-unt *..f

EGAEEBGI. tifAGFGE-S@nzfrZe??On aAd.D???d Ie#LNMGHiZ3= b? ?E???

The said parties for themselves, their heirs, executors,

administrators, successors and assigns, do hereby agree to the full

performance of the covenants herein contained.

IN WITNESS WHEREOF the parties to these presents have hereunto

set their hands and seals, as of the day and year first above

written.

The Contractor: The Sub-Contractor

Emuna Construction,/LLC Pinnacle Engineering

i & Development, Inc.

By:

FC

Lt?=i-=.t,L.jcY

MIGUE31?BUBIS By: WilJ?*hm3-J.Wp4

Please Initial

Page 14

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 21 of 50
Exhibit "A"

NOC

TO BE PROVIDED

UPON EXECUTION OF CONTRACT

Please Initial

Page 15

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 22 of 50
Exhibit "B

/I

ESTIMATE / PROPOSAL

# 1708

(11-07-2019rev.2)

Please Initial

Page 16

r 0,

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 23 of 50
Pinnacle Engineering& Estimate / Proposal Development,Inc.

4334 NW 120th Avenue DATE ESTIMATE #

Coral Springs,FL 33065-7610

3/18'2019 1708

www.pinnaoteengineeringfl.com

NAME/ADDRESS

.-

Emuna Construction,LLC

:21332 West Dixie Highway

North Miami Beach. FL 33180

I.ic.# CGC1519348

k,F

i REP PROJECT REVISED on

WJW Oak Piace Townhmnes / ES IlMAIE 11-07-1019 rev.2 ,

ITEM DESCRIPTION

-MOBII.IZATION -

Mobilization Mobilize Equipment and/or Crew.

SUBTOTAL $15,000.00

- EROSION &:SEDIMENT CONTROL .

'

Silt Fence Install silt fence around entire construction area.

Construction Entrance Install 50' X IOO? construction entrance.

SUBTOTAL $10,000 00

TOTAL

Page 1

Please Initial

Page 17 11.?$,

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 24 of 50
Pinnacle Engineering&

Estimate /

Development,Inc. Proposal

4334 NW 120th Avenue DATE ESTIMATE #

Coral Springs,FL 33065-7610

www. 3/i 8/2019 1708 pinnacleengineeringfl.com

NAME/ADDRESS

...

Iimuna Construction,LLC

21332 West Dixie Highway

North Miami Beach, FL 33 t80

Lie. # CGC1519348

F

REP PROJECT REVISED on

x

U'JW Oak Placc Townhoma /ESTIMATE I [ -07-2019 rev.2

ITEM

DESCRIPTION

I 44.1/..

- DRAINAGE SYSTEM-

;

; Catch Basin Install36" diameter catch basin. (0'.(i')

Catch Basin .Install48" diameter catch basin. (0'-61)

*R W.I. tInstall 6" SDR-3,-35 rain water hne,

i

Fitruigs Install 6" SDR*35 fittingsaccordingto Plajl.

) C./O. Assembly Install 6" SDR-35 clean out assembly.<r.w.].)(traffic)

! DrainagePipe Install 12" H.D.P.E. (solid)

DrainagePipe Inslall15" Ii.D.P.E, (solid) ;

DrainagePipe install15" H.D.P E. (perfwt 4.5* X 10* kid)

'Fittings

?

Install 15" H.D.P.E. fittings accordingto plan,

, Yard Drain Install 13" Nytoplastyarddrain basin. (0'*5') Yard Drain Install24" Nyloptastyard dram basin. (0'-5')

P.R B. Install21" X 26" (aluminum) pollutionretardant baffie.

SUBTOTAL $330,000 00

.Ill-.

1

TOTAL

Page 2 Ci.71

Please Initial IVI

Page 18 Y

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 25 of 50
Pinnacle Engineering& Estimate / Proposal Development,Inc. ,--.

4334 NW 120th Avenue DATE t

ESTIMATE #

Coral Springs,EL 33065-7610

3/18 20!9 /

1708 www.pinnacteengineeringfl.com

NAME/ADDRESS

'

Emuna Constntction, LLC

2 I332 West Dixie Highway

North Miami Beach, FL 33180

Lic. # CGCI519348

REP PROJECT REVISED on

j

WJW ?

Oak PIace'Iownhonies /ESTIMATE 11-07-2019 rev,3 '

ITEM DESCRIPTION

- WATER DISTRIBUTION -

M.0.1. Provide maintenance oftramc. (No Police Officer)

Tie-in to existing12" water main wi' 12" X 8" tappingsleeve & 8" tappingvalve. ' (0'-6)

Tie-in Tie-in to proposed 8" water main w/ 8" X 2" tappingsaddle & 2" corporation.

Tie-in Tie-in to proposed 8" water main wf 8" X I" tappingsaddje & 1"corporation. /

Main Line Install 8" D.1 P. / CL-350 water main.

Main Line Install 6" DIP. / CL.350 water main.

-

Gate Valve Install8" gate iglve w/ valve box.

Gate Valve Install 6" gate valve w/ valve box,

'Fittings Install 8" mechanical jointfittingsw/ mega-tug accessory kits- f

?

Fire Hydrant Install 5-1/4' firehydranlw/ check valve assembly.

Water Service Install 2" poly(-double)water service from main to curb stop @ meier box, (m,b., yoke assemb, b.fp.& service to m

buildingby othersl)

iWater Service Install 1" poly(single)water service from main to curb stop * meter box. (m.b.,yokc assemb., b.fp.& service to

P9 buildingby others[)

Fill & Flush Install 2" liU & flush a,sembly for chlorinating& pressute testing.

Sample Pomt Install 1" pvc sample point.

* Road Restoration Restore road baie materials & asphalgsurface k} pre?existingcondition in disturbed area's only Asphalt milling, overlay,

stripe& sign not included. 92

SUBTOTAL $210,000.00

z

i TOTAL 1

Page 3 C..?i

Please-lnitial

%

Page 19

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 26 of 50
Pinnacle Engineering&

Estimate / Proposal Development,Inc.

4334 NW 120th Avenue DATE ESTIMATE #

*

Coral Springs,FL 33065-7610

3/18/2019 1708 www.pinnacleengineeringfl.com

f NAME/ADDRESS

Emuoa Construction,LLC

21332 West Dixie Highway

North Miami Beach,FL 33t80

:Lic.#CGC1519348

REP PROJECT REVISED on t

WJW Oak Place Towntiomes / ESIYMA'IE 11-07-2019 rev.2

ITEM DESCRIPTION

- SEWER SYSTEM -

M.0.T. Provide maintenance oftramc. (No Police Officer)

Tie-in

?

Tie-in to existing 8" sewer main. (10'-12')

i

Manhole Install 48" diameter sanitarydog house manhole. (10'-12')

Manhole Install 48" diameter sanitar?manhole. (10'-125 *

Manhole Install48" diaineter sanitarymanhole. (8?-10')

Manholc Install 48" diameter sanitarymanhole. (6'-8')

'

Main Line install 8" C-900 / DR-18 sener main. (] 0'-]2')

Main Line Install 8" C-900 /DR-18 sewer main. (8'-]0')

Main Line Install 8" C-900 /DR-18 sewer main. (6'-.8')

Lateral Connection Install 8" X 6" C-900 / DR-18 tee wye lateral connection wl 6" 45 degreebend.

Lateral Install 6" C-900 / DR-18 sewer lateral to R.W.L. wi privateservice piping& connection to buildingby plumber.

Double Service install 6" C-900/DR-18 service set-up w/ clean-out assembly's

Single Service install 6" C-900 / DR- 18 service set-up wi Clean.out assembly.

: Road Restoration Restore road base materials & asphalzsurface to pre-existingcondition in disturbed area's only.Asphalt milljng,overlay,

stripe& sign not included

SUBTOTAL $250,000.00

i

TOTAL

I/27

Page 4 f. 21

YliaseInitial

Page 20

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 27 of 50
Pinnacle Engineering& Estimate / Proposal

Development,Inc.

4334 NW 120th Avenue DATE ESTIMATE #

Coral Springs,FL 33065-7610

www.pinnacleengineeringfl.com

3/18/2019 1708

NAME/ADDRESS

Emuna Conslruction,UC

21332 West Dixie Highway

;North Miami Beoch, #L 33180

Lic. # CGC 15 19348

REP PROJECT RE\ASED on

WJW 1 Oak Place Townhomes t ES l'IMATE ?

11-07-2019 rev.2 ;

ITEM DESCRIPTION

- EARTHWORK -

- Clear & Grub Clear & grub low growing vegetation,top boil & stockpileon-site.

Cut & Balance Cut and balance existingmaterials on-site.

Building Pad Construct building pad.

i

St;BTOTAL $70.000.00

- GRADING & PAVING -

(On-Site)

, Rough Grade Rough sub-grade green areas. (one time Only)

k

i

Compacted Install compacted sub-grade,(concrete sidewalk)

LBR-40 (stabilized) : install 12" stabilized sub-grade.(roadway)

6" Limerock Base Install 8" limeroek base, (roadway)

iAsphalt Install 1.5" ofS-1II asphaltin parkinglot area & drives. (2 Iifts)

Stripe& Sign Stripe& Sign

SUBTOTAL $220,000.00

TOTAL

1n

Page 5

Pldge Initial

Page 21

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 28 of 50
Pinnacle Engineering& Estimate / Proposal

Development,Inc.

4334 NW 120th Avenue DATE ESTIMATE #

Coral Springs,FL 33065-7610

3/18/2019 1708

www.pinnacleengineeringfl.com

NAME/ADDRESS

Emuna Construction. LLC

21332 West Dixie Highway

North Miami Beech, FL 33I80

?LiC

# CGC1519348

REP PROJECT REVISED on (

WH ' Oak Place Townhomes/ ESTIMATE ]1-07-2019 rev.2

ITEM DESCRIPTION

- CONCRE1E -

(On-Site)

Valley Gutter [nstal [ 24" concrete valleygutter,(no re-bar)

Type "F" Install 24" type "F" concrete curb. (no re-bar)

Type ?'D" Install 6" X 18" type 'D" concrete curb, (no re-bar)

4" Thick Sidewalk Install 4" thick concrete sidewalk. (no wire mesh or re-bar)

SUBTOTAI. $120,000.00

-OFF SITE IMPROVEMENTS -

iRough Grade Rough sub-grade green areas.

M"I). [nstall 6" X 18" type "D" concrete curb. (no re-bar)

4" Thick Sidewalk install 4" thick concrete sidewalk. ('5:nvi only)

SUBTOTAL $20,000.00

i

TOTAL

ri

Page 6 11

PlMAnitial 'gv

Page 22

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 29 of 50
Pinnacle Engineering& Estimate / Proposal

Development,Inc.

4334 NW 120th Avenue I DATE ESTIMATE #

Coral Springs,FL 33065-7610

3/18/2019 1708

www.pinnac[eengineeringfi.com

NAME/ADDRESS

Emuna Construction,LLC'

21332 West Dixie Highway

North Miami Beach, FI. 33180

Lic # COC15 19348

REP PROJECT REVISED on

WJW Oak I>iace Townhomes / ESTIMATE 11-07-2019 rev.2 1

ITEM DESCRIPTION

- SURVEY & TESTING -

j

Survey Provide survey, layout & as-builts for construction on Pinnacle Engineering'sscope of work only.

Density Testing Provide densitytestingfor Pinnacle Engineering'sscope of?wvrk only.

SUBTOTAL $25,000.00

TOTAL

Page 7

PleasrInitial

CF@?

Page 23

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 30 of 50
Pinnacle Engineering& Estimate / Proposal

Development,Inc.

4334 NW 120th Avenue t DATE ESTIMATE #

*

Coral Springs,FL 33065-7610

3/18/2019 1708 www.pinnacleengineeringfl.com

NAME/ADDRESS

t

Emuna Construction. LLC

21332 West Dixie Highway

.

North Miami Beach. FL 33180

L.ici# CGC1519348

REP PROJECT REVISED on

.It

WJW '

Oak Place Townhomes / ESTIMATE ?

l ] -07-2019 iev.2

ITEM DESCRIPTION

1N/EX TNCLUSIONS.

l) Ail equipment & labor.

?2),All materials.

13),Testing,(pressure,bacteriologica!,lamping& density)

J 4). AI] well-pointing& de.watering

EXCLUSIONS:

A). All bonding

B) All permitfee's.

'

C). All permit running & processing

D). All demolition

K Ji?ter?.?.,o.vpa?ki ng area & cjubhouse paver related scope ofwork.

I

G} All import& export offill materials.

H), All replacementlili,should the excavaled materiatnot be suitable for backfill over utilities,

I) Atl excavation. replacement & removal ofunsuitable materials.

J) All pollutioncontrol plans.F,D.E.P. / N.P.D ES. permittingby others.

K). All haul-off

L) All mechanical road sweeping.

M). All video tapingofexistingand/or proposedutilitiesbefore & after construction.

>D Al! connections to buildingwater, sewer and/or drainagestub-outs.

O). All additional costs for OCiP, Wrap-Up or any other additionallyrequiredinsurance not covered under Pinn,cle's

current coverage.

This Estimate/ Proposal is based on plansdated, 02-23-2017

Civil Drawings W'&S / Sheet C-6 & C-7 of 18 / I.A?IE REV. (none) ,IN Civil Drawings PG&D / Sheet C.3 & C.4 ofl7 /LAT. REV inoilei

z'e?cmtNowt

i TOTAL $1,270,000.00

Page 8

Flbase Initial f,ft?)i/?i'

Page 24

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 31 of 50
Exhibit "C"

WORKING CONDITIONS

Z

1

{J

&

E

Please Initial

Page 25

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 32 of 50
EXHIBIT "C"

WORKING CONDITIONS

Notwithstanding anything to the contrary contained in the Contract

form itself, the provisions of this Exhibit "C" shall supersede any

conflicting terms set forth in the Contract form itself to the

extent of any such conflict.

1. Subcontractor is liable for all material stored on job site

not installed.

2. Subcontractor will maintain responsibility for all materials

until all materials are in place are accepted and are

approved by the Contractor and the Owner's Inspector.

3. All work done must be approved by Contractor, Architect,

Supervisor,--.Owner's--inspecto.r,-and -Lender. CityInspector& E.O.R. OY

4. Subcontractor must comply with all plans and specifications,

Architects and Engineer directions and local, State and

Federal building Codes applicable. Subcontractor represents

that before execution of this contract he has reviewed all

plans and Specifications for his Scope of work, and to the

best of his knowledge they comply with all local, State and

Federal codes for this job.

5. All state and local licenses, if required, from Subcontractor,

shall be attached to this Contract by Subcontradtor.

Subcontractor represents to Contractor that he is licensed in

the County or State to perform the work contracted, and will

maintain his license in good standing during the duration of

this job.

6. If. required.by loca.l authorities, Subcont-ra.ctor.shall obtair??LL),/j

all necessary--permits .and -p ai-a1inecessaiAIi-Eees-in-OrdeI-td/'N/

perform-the work. All permit running & fees by others!

TV/

7. Subcontractor must maintain the job clean and store all

materials in designated area by Contractor.

8. Subcontractor shall clean up all trash and debris and place

it in Contractor dumpsters within (100) one hundred feet

from the building.

1 - --Please Initial

Pagel-26

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 33 of 50
EXHIBIT "C"- PAGE No. 2

9. If Subcontractor causes delays on job either to the job itself

or to other subcontractors, Subcontractor shall be liable for

the penalty called for in the Contract between Owner and

Subcontractor. Specified on Numeral 20 of this Exhibit. If

Subcontractor obtains substantial completion before the date

scheduled a bonus will be paid as stipulated in numeral 20 of

this Exhibit.

10. Contractor is obligated to pay only to Subcontractor upon

payment from Owner.

11. Notwithstanding anything to the contrary contained in the

Contract documents, Subcontractor specifically represents and

warrants to the General Contractor that, except in the event a

change in the work is required by a governmental inspector

having jurisdiction over the work, Subcontractor has verified

the Contract Documents, the Plans and Specs., the site and

other matters that the Subcontractor deems necessary and the

work shall be completed in accordance with the Contract

documents without the requirement of any change orders. If any

change 9rder is required by governmental inspector to complete

the work, the same shall be subject to the Architects prior

approval, the General Contractor has relied upon -this

representation and warranty of Subcontractor as was a material

inducement for General Contractor to and without which General

Contractor would not enter into this Standard Form of

Agreement between General Contractor and Subcontractor. This

representation and warranty contained herein shall accrue to

the benefit of the General Contractor only and to no third

party, included but not limited to the Architect and the

Architect's Engineers, no such party shall be a third party beneficiaries hereof, and no benefits of any nature whatsoevek

shall accrue to third parties in relation thereto.

12. In the event that the Subcontractor fails to provide a

certificate of Insurance or Subcontractor's insurance is

canceled, Contractor shall withhold from the payments required

hereunder to Subcontractor in an amount equal -to the maximum

premium for renewal of such insurance coverage and, may at his

option, elect to obtain such insurance coverage in behalf of

the Subcontractor.

I PleAse Initial

Page 27

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 34 of 50
EXHIBIT PAGE 3

In the event the Subcontractor fails to obtain such insurance

coverage, the monies so withheld shall be utilized to pay either

the insurance company of the General Contractor or the General

Contractor directly if any additional insurance premiums are

assessed against the General Contractor as a result of the

Subcontractor's failure to maintain such insurance coverage.

13. Subcontractor shall, before presenting his first requisition

for payment, execute and deliver an affidavit disclosing the

names of Subcontractor's suppliers and other Subcontractors

employed by him, from whom partial releases of lien will be

required to be attached with each draw request. In the event a

notice to owner is filed against the project, Subcontractor

hereby authorizes General Contractor to contact any supplier

and/or Subcontractors to determine the outstanding balances

due and issue a two-party check to satisfy any such

outstanding balance.

14. Subcontractor acknowledges and agrees that is not entitled to

any payment on extra work unless Subcontractor presents to the

General Contractor a written proposal for approval by General

Contractor and Architect, and such approval is obtained in

writing.

15. [Flh@-...Ei?n.a-1--pa-ym@ntof- re t ent i on-.gh-a-1.1-b--ma-de ..d-a-3,2&

a-ft-@-n t?.h-@ ?@?5 0?C:-G.upan.Cy of t:.he- b-u?il.di-n.g.,?e-r- upon.

Gemp-le.t-i..@-n of t?.k-e pu-n-gh -1?-i???s-t-i-tem-a -f.-;usm G?@??n-e-&a-1- {Jo-n-t-pa.g.tor,.

wh-i-Grheuer is latest. Or before .upG?n-e.*press appge*al--e-f......Qwm=.r

Architect a-ad Lea-Gi*N-r Ne r.@taatl*R wil.1- ba applied te

Mate -r .'.N- W. us.. after the completion of the Work covered by this Contia-ct.

16. The proposal submitted by Subcontractor will form part of this

@?KContract as reference and part of Scope of work.

See attached Estimate Proposal # 1708 (Revised 1 1-07-2019 rev.2)(Exhibit"B")

17. Every Thursday at 9:30 AM of every week, and for the duration

of the scope of work, a Job meeting between all

Subcontractors, Owner, Architect, and General Contractor will

be held at the job site. Subcontractor or his representative

must attend same to discuss progress of job. Failure .t-o

attend bg Subcontractor - his representative will acc?ua a

penalty Gf $150 p-e.g meeting-- Gene.gal Contract-@-g will advise

/t,.IL}>\1 , withi-i???2-4?h-e.u.=.s p-*e-uli??@ug t# th-@ meeting a-s t.@ his eventual

VJ MJ C an Cell*t-4-GA-,

Pag.fI-68 Please .Initial.

A,

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 35 of 50
EXHIBIT "C"- PAGE 4

18. When

for his

required by local or state codes, Subcontractor will call

normal Inspections in a fashion that will not delay the schedule of the Job. At time of the Inspection a

qualified

to take any

representative of the Subcontractor must be present

official. In the

question

event of

or actions required by the Building a corrective action required by the Inspector, Subcontractor will accomplish same to not immediately, as cause any delay in the job, and will call for his Re-inspection. For this Subcontract a threshold be Inspector will provided by Contractor.

19. Subcontractor acknowledges that all Contract as to requirements of this insurance, licenses, bonds, etc. must be met prior to submitting his first requisition for payment.

31 20. The pe-nal.t.y con-t-pa-gt-e-d bg- Ge-ne?a-1. Centragt@.u with owneg I-a-:

$25-0-D-G---*@1>---da-br-.-ZJ.d---?$50-OA--,-p.e

.Please-Initial

Page 29

4

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 36 of 50
CivilDrawings & Details as providedby t?)

Gator Engineeringon Nov 2019 1#Y

Exhibk I)?

PLANSDAT- :

Civil Drawings W&S / Sheet C-6 & C-7 of 18 /

LAT. REV. (none)- 02-23-2017

Civil Drawings PG&D /Sheet C-3 & C-4 of 17 /

LAT. REV. (none)- 02-23-2017

.N. Please Initial

Page 30

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 37 of 50
Exhibit "E"

CREW & EQUIPMENT COSTS

{,

Please hitial

Page 31

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 38 of 50
?s of; January 01, 2020

E >Jl I B Ef 47 %

N

B

CREW COST (w/ burden)

Superintendent @ $ 75.00 p/hr

Foreman @ $ 50.00 p/hr

Pipe Layer @ $ 45.00 p/hr

Tail Man @ $ 40.00 p/hr

Hill Man @ o$ 35.00 p/hr

Laborer @ <$ 30.00 p/hr

EQUIPMENT (w/ oper.)

Backhoe (310) @ $ 85.00 p/hr

fDozer (D,3) @ $ 100.00 p/hr

Dozer CD-5) @ $ 125.00 p/hr

Dozer (D-6) @ $ 150.00 p/hr

Excavator (150 LC) @ $ 95.00 p/hr

Excavator (220 LC) @ $ 125.00 p/hr

Excavator (300 LCI @ $ 150.00 p/hr

Excavator (400 LC) @ $ 200.00 p/hr

Grader (140G) @ $ 100.00 p/hr

Grader (12G) @ $ 125.00 p/hr

Loader (Z65) @ $ 95.00 p/hr

Loader (950G) @ $ 150.00 p/hr

Mini Excavator (TB25) @ $ 65.00 p/hr

Mini Excavator (303.5E) @ $ 100.00 p/hr

Roller (CA25) @ $ 125.00 p/hr

Skid Steer (B267) @ $ 70.00 p/hr

Dump Truck (18 C.Y.) @ $ 100.00 p/hr

MOBILIZATION

Charges are determined per geographical location of project vs. equipment.

Please Initial

Page 32 I

PINNACLE ENGINEERING & DEVELOPMENT, INC.

NW 120*Avenue l Coral Springs I Florida I 33065-7610 1954.370.9834 (O) 1 954.472.0660 (F)

WEBSITE: wwv:.P?nriacIZEqc-&.Co>r I E Mail:..i.yiu?j?a?P?'???'- I'J:1

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 39 of 50
f

m

Exhibit "F'

ir-"

SUB-CONTRACT

r

LPlease Initial

Page 33

0

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 40 of 50
'

SUBCONTRACTOR AGREEMENT

'Subcontractor

This Agreement,

and

as neg?tiated herein, * entered into by,and between .??inn.cLcle ENg1ne.Rlng . Enetly?i?9**+yvc*o/1 *Contradtor.'

For good and valuable consideration, the receipt and sufficiencyof which is hereby acknowledged,

Subcontractor and the Contractor hereby agree as follows:

Article 1. Statement of Work:

From time to time, SubconlractoT may provide services to Contractor. In addit{on to the terms and

conditions negotiatedby the parties for particularprojects,Contractor and Subcontractor hereby agree

that the terms and conditions of this Subconlractor Agreement (the "Agreement') shall apply whenever

Subcontractor provides services to Contractor.

Ardcle 2. Insurance:

The Subcontractor, at its own expense, shall obtain and maintain in full force and effect, without

interruptiodnuringthe term of the Agreement, the followingminimum levels of insurance:

A. Workers' Compensation insurance covering the legal liabilityof the Contractor and its

Subcontractors under the applicable workers' compensation or occupational disease laws for

claims for personal injuriesand death resulting there from to Ihe Contractor and its

Subcontractofs employees. The Subcontractor shall also obtain a minimum of $500,000 of

Employers' Liabilityinsurance. Certificates of insurance must include a waiver of subrogalion in

favor of Contractor.

B. Commercial General Liabilityinsurance covering the legal liability(includingliabilityassumed

contraclually,whether incidenlal or not) of the Subcontractor who may be engaged in the

services, for claims for personal injuries(includingdeath) and property damage resulting there

from arisingout of the services to be performed by the Subcontractor, in an amount not less than

$500*ODD for any one occurrence, $1,000,000 general aggregate (subject to a per projectgeneral

aggregate provision),$1,000,000 Products/Completed Operations aggregate limit. Commercial

General Liabilityinsurance shall be obtained and shall include broad form contractual liability

coverage, products/completed operations, cross liabilitsye,verabilityof interest and broad form

property damage (ifrequired),and Contractor as well as its directors, officers and employees

shalt be named as an additional insured on such Commerdal General Liabilitypolicyregarding

liabilityarising out of operationsperformed under this Agreement. Fonn CG 20 10 07 04 and CG

20370704 must be shown on the certificate of insurance or its equivalent.

C. Automobile Liabilityinsurance covering the legalliability(includinlgiability assumed contractuafly,

whether incidental or not) of the Subcontractor who may be engaged in the services, for claims

for personal injuriesand death resultingthere from and for property belonging to other than the

Subcontractor caused by highway licensed vehicles of or used by the Subcontractor in an amount

not less than: 0 $500,000 for any one person: (ii)$500,000 for bodily injuryfor any one

occurrence; and (iii)$500,000 for property damage for any one occurrence. Automobile Liability

insurance shall providecoverage for owned, hired or non-owned automobile or other automotive

equipment and Contractor shall be named as an additional insured on such policy,

The Subcontractor's insurance coverage shan be primary insurance as respec[s work on this project for

Contractor, its directors, officers, and employees. Any insurance or self-insurance maintained by

Contractor shat! be excess of the Subcontractor's insurance. The Subcontractor. in its agreements with

subcontractors, shall require subcontractom to obtain insurance meeting the minimum limits and

incorporatingthe contractual requirements that are prescribed by this Section. The Subcontmctor hereby

waives and relinqujshes any rightof subrogation against Contractor and its agents, representatives,

employees, and affiliates they might possess for any policy of insurance provided under this Section or

under any State or Federal Workers' Compensation or Emptoyefs LiabilityAct. Subcontractor shall

Revised: July 2005 Builders Insurance Group Page 1

'

k Please Initial

Page 34 5 0

\UF

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 41 of 50
requireits insurer to notifyContractor ihirty{30) days prior to the effective date of any cancellation or

material change in any of the requiredpolicies.To the extent that the Subcontrac[or utilizes deductibles

in conjunction with the insurance required by this Agreement, all deductible expenses will be assumed by

the Subcontraclor. Insurance shall be placed with insurers with a Best ratingof not less than A-.

Atticle 4. Indemnification and Arbitration:

The work performed by the Subcontrador shall be at the risk of the Subconlraclor exclusively.

Subcontractor hereby indemnifies and holds Contractor, Its parent and affiliates and their respective

officers, directors, employees and agents, harmless from and against any and all claims, actions. losses,

judgments, or expenses, includingreasonable attorneys fees, arisingfrom or in any way connected with

the work perfonned, materials furnished, or services provided to Contractor during the term of this

Agreement.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be

settled by binding arbitration and judgment on the award rendered by the arbitrator(s)may be entered in

any court having ju,isdictionthereof. The prevailing party in any arbitration concerning this Agreement

shall be entitled to reasonable attorneys'fees.

Article 5. Warranty:

Subcontractor warrants its work for a period of . year(s) against all defects in materials or

workmanship.

Article 6. Miscellaneous:

Subcontractor is an independent contractor and not an employee Df Contractor.

This Agreement shall be in full force and effect from the date of signing unless canceled in writing by

either party with thirty(30) days' written notice. The cancellation of this Agreement shall not negate any

terri or condition, such as the indemnity or insurance requirements.

This Agreement is governed by the iaws of the State of Florida. Any amendment(s) must be given in

SUBCONTRACTOR CONTRACTOR

Company: B.nmdl.EnYWUR.cngcmmyi EM.?na?OUCKOn

EY it?F.EE?a?a,My

Title: 20>fi?4.5/K %791?Zz?;E Title:

Date: 86127-E-ZDZU Date:

IM---DThis sample agredkkntis for informational purposes only and should no! bd considered legaladvice. Bui]den

Insurance accepts no legalresponsibilityfor the correctncss or completeness ofthis material. We recommend that

you consult with your legalcounsel and agent regarding your individual circumstances.

Please Initial

Page 35

Revised: July 2005 Builders Insurance Group Page 2

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 42 of 50
Job Site Safety Requirements

Construction Site Housekeeping

A good housekeeping program incorporatesthe housekeeping function into every process, operation,

and task perfonned on a job site, This handout provides infonnation on job-silehousekeepingthat can

help management prevent injuriesand minimize losses.

Working Areas

. Provide safe access to the job site.

Keep walking/workingsurfaces clear and clean.

Keep staitways, passageways and gangways free of materia!, supplies,and obstructions

Pick-up and place alldebris or trash in its proper container.

. Hammer in, bend, or remove any nails protrudingfrom scrap lumber. Cap or bend all exposed

steel rebar ends.

Clean up spillsand dry wet floors.

Materials and Storage

Remove from the work area any Items not being used (e.g, tools, hoses, cords, chains, and

hooks) and store them.

Keep material storage areas clean and free of unwanted materials and debris.

Secure loose scrap or lightmaterials that may be blown off by high winds.

Remove empty bags or other containers of Iime, grout, cement, or other dust-producingmaterial

from work areas.

Waste

Place tfash and recyclablecontainers throughout the job site and mark them for proper use.

Remove debris at regular intervals.

Provide chutes or other approved devices for waste removal from above-grade floors.

Use drip par* to collect oils and fluids.

Keep waste in metal cans or bins with self-closingcovers: empty cans frequently.

Require a]1 disposalof scrap, waste, recyclable and surplus materials be in accordance with

Federal regulationsand IocaJ codes.

Place oil-soaked and paint-saturated rags, clothing,waste, or combustible refuse into noncombustible receptacleswith self-closingcovers.

Schedule frequentcollection and removal of combustible waste.

Lock used oil containers and dumpsters to secure them from unwanted waste.

Please Initial

i

Page 36 'h

Revised:July 2005 Builders Insurance G,ou ? Page 3

* U

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 43 of 50
Construction Site Security

The losses due to theft and vandalism on construction sites have been increasing dramatically over the

past decade, Although exact figuresare not avajlable, all reliable estimates are that losses due to theft

and vandalism are in the billions of dollars.

Crime prevention on construction sites has become a major concern of ajl responsible contractors. In

some cases, the difference between making a profit or sustaining a loss on a job will relate to the

contractor's abilityto control crime problems on the site.

This handout providesguidance on efforls to control Job site security.While each site will present some

unique sRuations, the information provided can assist in identifyingmajor sources of crime losses and

implementing the measures for contrdlingthese losses.

General

Establish a written SecurityPolicy.

Develop a job-site security plan.

Assign supervisory securityresponsibilities.

Encourage securityawareness among atl workers.

Contact the pojiceand fire departments before starting a job.

Establish contact with adjoining propeilies - encourage them to report suspicious activities on the

site.

Require prompt reportingby workers of incidents of theft and vandalism.

Report all losses to lhe policeimmediately.

, Maintain complete records of all securityincidents.

Become involved with local groups or associations working to prevent construction-site theft and

vandalism.

Site

When possible, enclose the job site with a security fence.

Provide for nighttime lightingof the site.

Provide for limited access to the site at a]1 times, preferably with Iockable gates.

Maintain a dear zone adjacent to fencing.

. Post warning signs to keep unaulhorized persons off the site.

Use only high qualitylocks - never leave keys in locks, or leave locks in an open position.

Check-out the site at the end of each day before securing it.

Revised: July 2005 Bullde,s Insurance Group Page 4

j

Please Initial

Page 37?

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 44 of 50
* Provide parkingareas outside of the site for employees and visitors.

Consider the use of securilyguards and have them patrolthe site on designated rounds. Provide

guards with a means of communication.

Equipment Tools, and Materials

Consider utilizinga secured area within the site for equipment storage.

Maintain an inventorycontrol system for all equipment, tools, and materials. Include photographs of

equipment and expensive tools. Establish a program for verifyingalj deliveries.

. Mark all tools and equipment in a conspicuous,distinctive manner to allow for easy identification.

Implement a check-out system for all tools and equipment. Post a sign stating,'ATTENTION! ALL TOOLS MUST BE SIGNED OUT.'

Keep tools securelylocked in storage trailers or sheds.

Stamp all heavy equipment and attachments with an ID number. Provide warning signs on

equipment indicatingthat ID Numbers are recorded.

Establish a supervisorykey-controlprogram for motorized equipment.

Lock ail equipment cabs duringnon-workinghours.

Immobilize equipmenl by disablingit or using anti-then/anti-vandalismdevices.

Lock oil and gas tank caps where possibleas a means of delerringvandalism.

Park equipment centrallyin a welt-Iighled,secure area.

Provide a secure storage area for target buildingmaterials.

Keep the on-site inventory of materials to a minimum.

Store equipment, materials, and tools away from perimeterfencing.

Remove equipment and materials from the site when no longer needed - do not use the site for

storage.

Carefuliy supervise a!1 trash removal from the site.

IZ- P'e,seInitial

Page 38 1

Revised: July2005 Builders Insurance Group Page 5

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 45 of 50
Fire Prevention Considerations for New Construction

Buildings under construction present unique fire exposures thai requirespecialattention. Fires can

result in major losses and long delays in the completion of the project.Factors that should be

considered in a fire prevention and protectionprogram for buildingsunder construction include:

Site Access

Are access roads of sufficient width and clearance for fire department use?

Are buildings,especially those located in isolated areas that are prone to lightingstrikes,

providedwith lightningprotection?

Incendiarism and Arson

Are all exterior areas of the property Illuminated?

Is the perimeter of the propefty protected by a fence?

Are trees and vegetation cut back to provide a clear space of at least 100-ft (30.4-m) clearance

around the perimeter of the Mpem?

Are combustible materials and trash in yard areas removed on a regularbasis?

Hot Work Operations

Is a hot-work permitsystem used for aB cutting,welding, and solderingoperations?

Is hot-wotk equipment, including torches and fuel/gas cylinders,regularlyinspected and

serviced?

Ara portable gas cylinders used in welding and cutting operations slored and used in

accordance with NFPA 55, Standard for the Storage, Use, and Handling of Compressed and

LiquefledGases in Ponable Cylinders,published by the National Fire protectionAssociation

(NFPA)?

Are gas cylinderssecured to prevent them from fallingor being knocked over?

Are multi-purpose,portable fire extingulsherskept nearby whenever hot-work operations are

undertaken?

Is a fire watch provided during hot-work operations and for at least one hour after operations have been completed?

Housekeeping

Are good housekeeping practicesfollowed, includingroutine deaning of dust over 1/8 in (3.18

mrn) in depth from all surfaces?

If smoking is allowed on the premises, is R restricted to certain areas?

c Are storage rooms, trash rooms, inside dumpsters, and similar areas separated from other

areas by one-hour fire barriers or protected by automatic sprinklers?

Utilities

Are electrical appliances that afe used in areas where flammable atmospheres are present

?s??ad?e?eosv?ndcf??s???h

use by a nationallyrecogn?ed testinglaboratory,such as Underwriters

Laboratories Inc. (UL)?

Please Initial

Page 39

Revised. July 2005 Bulldere Insurance G+up Page 6

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 46 of 50
Are electrical systems that are installed where fiammable Iiquidsare stored or dispensed listed/approved for Class ],Division 2 locations?

Is electrical equipment that is used in wet areas, such as restrooms and outside locations, providedwith ground fault protection,includingthe use of isolated power supplies?

Is gas- and oil-firedequipment meintained according to the manufacturers recommendations?

, Are wood-fired boilers present?

t Are temporary heating devices operated in accordance with recommended safe practices?

Dispensing of Fuels

Are flammable [iquidsstored in containers tha! are listed/approved for such use?

Is equipment using gasolineor diesel fuel stored in a separate: detached buildingor in a room

segregatedfrom storage areas by firewalls or fire barriers and automatic closingfire doors?

Are refuelingoperat'Ionsperformed by trained and designatedpersonnel,and only in specified, well-ventilated areas?

Is proper bonding/groundingprovided before transferringfjammable {iquidsinto portable containers oy equipment fuel tanks?

Storage

Are compressed gases stored on site?

If blastingoperationsare performed,are explosivesstored according to recommend practices?

Is tumber that is used for framing and forms stored in separate facilities,preferablyin an outside location?

Is Iumber stored in the horizontal plane and wrapped in tightbundles?

Emergency Response Planning

Is there an emergency action planfor the job site?

Is an emergency response coordinator designatedto develop and implement a plan for the conlainment and cleanup of accidental releases of hazardous materials,such as fuel oil?

Do employees check the exit doors and exit paths on a dailybasis to ensure egress during an

emergency?

Fire Protection

Is there a sufficient number of listed/approved portable fire exlinguishers,and are

located as they properly requiredin NFPA 10, Standard for Ponable Fire Extinguishers?

. Are fireextinguishersproperlymaintained?

Are employees trained in the use of portable fire extinguishers?

Are firealarms, detectors, and fixed fire protection,s*h as automatic sprinklers,installed in

temporary structures'?

LjPlepseInitial

Page 40

Revised: July 2005 Builders Insurance l

Grobp Page 7

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 47 of 50
Mole! Control on the Job Site

Molds are naturallyoccurringsubstances that are found

detrimental to a

everywhere.Excessive molcl growth can be buildingor its inhabilanls. Some motds can deierioralewoods or other materials,while other molds organic may cause or contribute to adverse heaHh effects.

Mold grows In conditions of moisture: darkness, and stagnant air. Mokjs need moisture to reproduce.Mold grow and growth results in the release of millions of

Moisture control spores that may be inhaled by inhabitants. is the criticalstep for controllingmold growth. Moisture control in cooperationbetween buildingowners,

buildingsrequires designers,contractors,and occupants.

Contractors can affect the presence of buildingmoisture

sources of moisture to during construction. A contractor may allow affectthe materials and structure duringthe operationand site. Contractors that use management of the job poorwoikmanship may also

moisture. This handout

negate design features that are intended to control

conditions that

highlightssteps that can be taken by a construction contractor to minimize promote mold growth.

Site Management

. Inspect allshipmentsof construction materials for visible mold growth or excessive moisture.

Do not unload Iumber or other moisture-sensilivematerials in the rain, unless

exposure. protectedfrom

Schedule deliveries to minimize the amount of tjme

site. moisturesensitivematerials are stored on

Slore materials off the ground and away From sources of moisture.

Loosely cover materials with plasticsheets or tarpsto protectthe materials from rain or snow.

Anchor

bottoms

material

to

covering from the top and keep the cover materials away from the sjdes and promote air circulationand decrease moisture retention.

Construction Practices

Protect buildinginteriorsfrom prolongedrain and snow exposures.

In the event framing lurnber has been exposed to heavy rain or snow, allow it to dosing the structure. dry out before

Provide ventilationto remove moisture from buildingsduringconstruction.

Clean and treat visible mold growth before wood productsare sealed.

Check buildingwater services for leaks and improperinslallation.

Provide proper ventilationin attic and crawl spaces.

* Ensure that all stcve vents, dryervents, and other spot ventilationexhaust to the outside.

Ensure that all buildingpenetrations, intersections,and openingsare properlyflashed to leaks. prevent

. Ensure that buildingsealants are compatiblewith adjacentbuildingmaterials.

Seal any tears, openings, or

barriers before

punctures that are found in vapor diffusion retarders and air covering with other materials,

Drain downspouts away from the foundation.

Ensure that tile buildingsidingis not in contact wit?I ground surfaces.

Revised. July 2005 Builders Insurance (?oup- Page 8

Ir Please fnitial

Page#I Y Pb@

11?

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 48 of 50
Exhibit "G"

ADDENDUM

TO

MASTER SERVICE

AGRIEMENT

L Please Initial

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 49 of 50
ADDENDUMNO.

TO MASTER SERV?CE

AGREEMENT

BETWEEN P.nMDD

AND Emu.na. EnRWUUCG

Pursuantto the terms and

aNU..RLTCiAPn.

conditions ofthe above-referenced MamcrServiceAgreement, thepanicshnvcagreed

thntthe terms and conditions ofsuch Agrcemenl applyto theproject and

Bcopeofwork refc?red to below:

ProjecHS) Desc?MiiUHMMem

-- orAPPiicwblcmeacomdb.Ammd

--

-Pmmlmnom-54IiSW4?.R ?wl-=.-..= -iELFEITJ ITLS

SccipeofWork in accordancc with Plansand Specifications provided by Contractor Ardescribeoro/mch de,rn>#on fzf?

SeopeqfWo,k):

--

Conn'octSum: 9

3270:.MO.OO

- - - , - -.,- ,

ScheduleofServicesunderthisAddendum:

Startson

and ends on

Alt tenns and conditions ofthe MasterService

Agreement shallbe cffective forthe

above-nderenced projectexceptes

modifiedbythisAddendomos follows:

'..

,,.,-. ?-. -.. -,-. -,. ,.? ..,- -,

..

f

--

Dated

- -' //-.-'20,2 il

CONTRACTOR:?%

SERVICEPROVIDER:

/ By, Lj

L

,, Date:

Date:

t.

853I3(XLW#.AD00/J

Ipm

-

Ple?,seIn**.? Page43?

Case 0:22-cv-62300-BB Document 1-5 Entered on FLSD Docket 12/08/2022 Page 50 of 50