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RESOLUTION NO. 29 -98/99 I
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AWARDING BID TO AIELLO LANDSCAPE, INC. OF HOBE SOUND,
FLORIDA, FOR COUNTRY CLUB DRIVE STREETSCAPE IMPROVEMENTS
IN THE AMOUNT OF $133,775, HAVING A FY 1999 CAPITAL
IMPROVEMENT FUND TOTAL BUDGET ALLOCATION OF $138,000 AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE
CONTRACT ON BEHALF OF THE VILLAGE.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
.NOW,
TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1. The Bid of Aiello Landscape, Inc. of Hobe Sound,
Florida for Country Club Drive Streetscape
Improvements in the Amount of $133,775, Attached
Hereto as Exhibit "A" is hereby Awarded.
Section 2. The Contract with Aiello Landscape, Inc. for Country
Club Drive Streetscape Improvements in the Amount of
$133,775, Attached Hereto and Marked as Exhibit "B"
is Hereby Approved and the Village Manager i7Heby
Authorized to Execute the Same on Behalf the
Village.
HE FOREGOING RESOLUTION WAS OFFERED by Councilmember Elizabeth A.
Schauer , who moved its adoption. The motion was seconded
y Councilmember Carl C. Hansen and upon being put to
,a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
Carl C. Hansen
Ron T. Mackail
Elizabeth A. Schauer
I
The Mayor thereupon declared the Resolution duly passed and adopted
his 8 th day of April, A.D. , 1999.
MAYOR OF TEQUESTA
ATTEST:
Joann ManganiJilo
Village Clerk
P80 \Reso1ution \Aie110
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EXHIBIT "A"
s
COUNTRY CLUB DRIVE STREETSCAPE RVIPROVEMENTS
i VILLAGE OF TEQUESTA
BID QUOTATION OF: Name: Aiello Landscape, Inc.
Address: P.O. Box 1122 Hobe Sound, Florida 33475 -1122
Telephone No. (561) 5 46 -
to provide complete guidelines and perform all work in accordance with the specifications and
contract documents attached hereto for the:
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469 -0273
Gentlemen:
The undersigned Bidder has carefully examined the plans, specifications, contract documents
and the site of the proposed work and is familiar with the nature and extent of the work and any
local conditions that may in any manner affect the work to be done and the equipment and labor
required.
The undersigned agrees to do all work called for by said specifications and contract documents,
in the manner prescribed therein and to the standards of quality established by same at a cost to
the Village of Tequesta equal to the total amounts indicated below:
ITEM DESCRIPTION QTY UNIT UNIT COST ESTIMATED
COST
1 Live Oaks 125 Ea. 1200.00 150, 000.00
2 Cabbage Palms 17 Ea.
110.00 1, 870.00
3 Queen Palms 2. Ea. 200.00 5,400.00
i 4 Other Plants - - -- LS ----
3,405.00
5 Sod - -- LS 10, 000.00
6 Swale Grading & Soil Removal - -- LS -- 11 000.00
7 Irrigation Rework - -- LS ---- 11, 000.00
8 One Year's Maintenance & - - -- LS - - --
Warrant as described 600
Note:
1 Incidentals such as staking trees, fertilizer, mulch, soil, etc. to be included in the price of
the related item.
BQ -I
A s
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TOTAL BID QUOTATION AMOUNT IN WORDS AND NUMBERS one hundred ninety-,s
thousand, two hundred seventy five and no /100 / 100 DOLLARS
•
$ 196,275.00
ALTERNATE BIDS
ALTERNATE NO. 1— Live Oak trees 16'x 9'; 4" cal; 100 gal. container in lieu of 200 gal.
container. (DEDUCT)
ALTERNATE BID NO. 1 BID QUOTATION AMOUNT IN WORDS AND NUMBERS
One hundred thirty three thousand, seven hundred seventy five and no /100
/ 100 DOLLARS $ 133,775. 00
ALTERNATE NO. 2 — Live Oak trees 14'x 8'; 3 -1/2" cal.; 100 gal container in lieu of 16'x 9;
4" cal.; 200 gal container. (DEDUCT)
ALTERNATE BID NO. 2 BID QUOTATION AMOUNT IN WORDS AND NUMBERS
One hundred thirty three thousand, seven hundred seventy five and no /10
/ 100 DOLLARS $ i11,775_on
} The undersigned also agrees as follows:
• 1. To perform additional services and provide necessary equipment, facilities, and materials
for work not covered by the above Bid Quotations, which may be authorized by the
Village and to accept as full compensation, therefore, such prices as may be agreed upon
in writing by the Village and the Contractor in accordance with Item 15 of the General
Conditions.
2. To commence work on or about May 3, 1999 or within 10 days after the date of written
Notice to Proceed, to substantially complete the entire Work within (indicate No.) ' Ib p�a
consecutive calendar days after the date of written Notice to Proceed, subject to such 6 r k6 tc-
extensions of time allowed by the Conditions of the Contract, and to achieve Final tA4S(6
Completion of the Work by no later than 30 days after the actual date of substantial 3 ( u/ 0
completion
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BQ -2
S .
At
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Accompanying this proposal is a certified check or a Bid Bond in the amount of $ 5% of bid am ount
• . (not less than five percent (5 %) of the base bid), made payable to the Village of Tequesta, which
is to be forfeited as liquidated damages, if, in the event this proposal is accepted, the undersigned
shall fail to execute the contract and furnish satisfactory contract bond under the conditions and
within the time specified in the proposal; otherwise said certified or cashier's check or Bid Bond
is to be returned to the undersigned.
Dated this 30 day of March , 1999.
CONTRACTOR: AieT T n T anfigr_ are, Tnr
ADDRESS: P.O. Box 1122
Ho / be Sound, Florida 33475 - 1122
By :�/'ti'�A �/' 1fi� President
(Signature and Title)
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BQ -3
1,
QUALIFICATIONS OF BIDDERS
A. Three (3) references for similar landscape /streetscape projects (completed or current)
performed by Bidder.
1. Name of Firm, City, County or Agency: Martin County Board of County Commissioners
Address: 2401 SE Monterey Road, St uart Telephone: (561) 288 -5927
Contract: $40,000.00 Title: Weberman -Civil Engineer
Summary of Services Performed: SrraPrsrPping_Savanna Road Proj #99F. -DA-001
35- Washingtonia, 42 -Live Oak, 6- Cypress, 6 -Java Plum, 4- Gieger
Contract Dates: From March , 199 9 To: April , 1999
2. Name of Firm, City, County or Agency: Martin County Board of County Commissioners
Address: 2401 SE Monterey Road, St uart Telephone: (561) 288 -5927
• Contract: $90.000.00 Title: Weberman, Civil Engineer
Summary of Services Performed: SR-7 6: I -95 Cove Rd. Streetscaping Proi #97E -CP -02
96- Washingtonia, 83 - Live Oak, Irrigation System, 15 -Crape Myrtle,15 -Red Maple
Contract Dates: From Jan. , 1999 To: March , 1999
3. Name of Firm, City, County or Agency: Northern Palm Beach Improvement District
Address: 357 Hiatt Drive, PBG,FL 3 3418 Telephone 624 -7830
Anthony Las Casas P.E.
Contract: MO. Db Title: Construction Coordinato
Summary of Services Performed: Military Trail - Abacoa Streetscaping
OAKS - SABALS -WAX MYRTLES- SHRUBS -MULCH
• Contract Dates: From July , 199 8 To: Sept. , 1998
QB -1
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B. Proposed Subcontractors:
• 1. Name: Florida Design Irrigation
Address: 1326 Kilian Drive, Lake Park, Fl roida 33 475
Phone No. (561) 845 -1233
Responsibility Trri gati on Repair
2. Name: Stuart sued
Address: P.O. Box 2071, Stuart, Florida 34995
Phone No. (561) 288 -3440
Responsibility Bahia and Floratam Sod
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C. Bidder to submit proof or copy of a minimum of one (1) Certified I.S.A. (International
Society of Arboriculture) individual assigned to cover Section 6.0 of the Technical
Specifications. Indicate individual's name and if working under Contractor or
subcontractor (indicate name of Subcontractor)
Subcontractor #3
I.S.A. Richard Maxwell
King Tree Service
QB -2
EXHIBIT "B"
Abbreviated Form of Agreement Between
etween
Owner and Contractor for Construction
Project
of Limited Scope where the Basis of
Payment
is a Stipulated Sum
AIA Document A107 - Electronic Format
AGREEMENT
made as of the 8th day of April in the year of Nineteen Hundred and ninety nine
BETWEEN the Owner:
(Name and address) Village of Tequesta
• P.O. Box 3273
Tequesta, FL 33469
and the Contractor:
(Name and address) Aiello Landscape, Inc.
P.O. Box 1122
Hobe Sound, FL 33475 -1122
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been
approved and endorsed by The Associated General Contractors of America.
• Copyright 1936, 1951, 1958, 1961, 1966, 1974, 1978, 1987 by The American Institute of Architects, 1735 New York Avenue
N.W., Washington D.C. 20006 -5292. Reproduction of the material herein or substantial quotation of its provisions without
written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document
was electronically produced under license number 1095001470 and can be reproduced without violation until 10/6/95.
Electronic Document Service A107 -1987 1
• The Project is:
(Name and location) Country Club Drive Streetscape Improvements,
Country Club Drive, Tequesta, Florida
The Architect is:
(Name and address) Parker - Yannette Design Group
900 U.S. Highway 1, Suite 104
Jupiter, Florida 33477
The Owner and Contractor agree as set forth below.
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
ARTICLE 2
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is
made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in
a notice to proceed.)
2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier
Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)
60 Days subsequent to the date of written notice to proceed.
•
AIA DOCUMENT A107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1967 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1775 NEW YORK AVENUE N.W.. WASHINGTON D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document
was electronically produced under license number 1095001470 and can be reproduced without violation until 10/6/95.
Electronic Document Service A107 -1987 2
• , subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time.)
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of * Dollars (1133,775 ), subject to additions and deductions as provided in the
Contract Documents. * One hundred thirtythree thousand seven hundred seventy five
3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner
subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the
date until which that amount is valid.)
Alternate bid No. 1
• 3.3 Unit prices, if any, are as follows:
ARTICLE 4
PROGRESS PAYMENTS
4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents. The period covered by each
Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate
stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the
Project is located.
(Insert rate of interest agreed upon, if any.)
AIA DOCUMENT A107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1967 - THE AMERICAN INSTITUTE OF ARCHITECTS.
1775 NEW YORK AVENUE N.W.. WASHINGTON D.C. 20006.5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document
was electronically produced under license number 1095001470 and can be reproduced without violation until 10/6/95.
Electronic Document Service A107 -1987 3
•
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other
regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the
validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding
requirements such as written disclosures or waivers.)
ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to
the Contractor when the Work has been completed, the Contract fully performed, and a Final Certificate for
Payment has been issued by the Architect.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA
Document A 107, 1987 Edition.
6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows:
• Document Title Pages
6.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as ;
follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section Title Pages
6.1.4 The Drawings are as follows, and are dated unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number Title Date
AIA DOCUMENT A107 - ABBREVIATED OWNER - CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1967 - THE AMERICAN INSTITUTE OF ARCHITECTS,
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•
6.1.5 The Addenda, if any, are as follows:
Number Date Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 6.
6.1.6 Other documents, if any, forming part of the Contract Documents are as follows:
(List any additional documents which are intended to form part of the Contract Documents.)
GENERAL CONDITIONS
I
• ARTICLE 7 7.3 Execution of the Contract by the Contractor is a
CONTRACT DOCUMENTS representation that the Contractor has visited the site
7.1 The Contract Documents consist of this and become familiar with the local conditions under
Agreement with Conditions of the Contract (General,
which the Work is to be performed.
Supplementary and other Conditions), Drawings, 7.4 The term "Work" means the construction and
Specifications, addenda issued prior to the execution services required by the Contract Documents,
of this Agreement, other documents listed in this whether completed or partially completed, and ,
Agreement and Modifications issued after execution includes all other labor, materials, equipment and
of this Agreement. The intent of the Contract services provided or to be provided by the Contractor
Documents is to include all items necessary for the to fulfill the Contractor's obligations. The Work may
proper execution and completion of the Work by the constitute the whole or a part of the Project.
Contractor. The Contract Documents are
complementary, and what is required by one shall be ARTICLE 8
as binding as if required by all; performance by the OWNER
Contractor shall be required only to the extent
consistent with the Contract Documents and 8.1 The Owner shall furnish surveys and a legal
description of the site.
reasonably inferable from them as being necessary to
produce the intended results. 8.2 Except for permits and fees which are the
7.2 The Contract Documents shall not be construed responsibility of the Contractor under the Contract
Documents, the Owner shall secure and pay for
to create a contractual relationship of any kind (1) necessary approvals, easements, assessments and
between the Architect and Contractor, (2) between charges required for the construction, use or
the Owner and a Subcontractor or Sub - subcontractor occupancy of permanent structures or permanent
or (3) between any persons or entities other than the changes in existing facilities.
is Owner and Contractor.
AIA DOCUMENT A107 - ABBREVIATED OWNER - CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1967 - THE AMERICAN INSTITUTE OF ARCHITECTS,
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• 8.3 If the Contractor fails to correct Work which is substitutions not properly approved and authorized,
not in accordance with the requirements of the may be considered defective. The Contractor's
Contract Documents or persistently fails to carry out warranty excludes remedy for damage or defect
the Work in accordance with the Contract Documents, caused by abuse, modifications not executed by the
the Owner, by a written order, may order the Contractor, improper or insufficient maintenance,
Contractor to stop the Work, or any portion thereof, improper operation, or normal wear and tear under
until the cause for such order has been eliminated; normal usage. If required by the Architect, the
however, the right of the Owner to stop the Work Contractor shall furnish satisfactory evidence as to
shall not give rise to a duty on the part of the Owner the kind and quality of materials and equipment.
to exercise this right for the benefit of the Contractor 9.6 Unless otherwise provided in the Contract
or any other person or entity. Documents, the Contractor shall pay sales, consumer,
ARTICLE 9 use, and other similar taxes which are legally enacted
CONTRACTOR when bids are received or negotiations concluded,
whether or not yet effective or merely scheduled to
9.1 The Contractor shall supervise and direct the go into effect, and shall secure and pay for the
Work, using the Contractor's best skill and attention. building permit and other permits and governmental
The Contractor shall be solely responsible for and fees, licenses and inspections necessary for proper
have control over construction means, methods, execution and completion of the Work.
techniques, sequences and procedures and for 9.6 The Contractor shall comply with and give
coordinating all portions of the Work under the notices required by laws, ordinances, rules,
Contract, unless Contract Documents give other regulations, and lawful orders of public authorities
specific instructions concerning these matters. bearing on performance of the Work. The Contractor
• 9.2 Unless otherwise provided in the Contract shall promptly notify the Architect and Owner if the
Documents, the Contractor shall provide and pay for Drawings and Specifications are observed by the
labor, materials, equipment, tools, construction Contractor to be at variance therewith.
equipment and machinery, water, heat, utilities, 9,7 The Contractor shall be responsible to the Owner
transportation, and other facilities and services for the acts and omissions of the Contractor's
necessary for the proper execution and completion of employees, Subcontractors and their agents and
the Work, whether temporary or permanent and employees, and other persons performing portions of
whether or not incorporated or to be incorporated in the Work under a contract with the Contractor.
the Work.
9.8 The Contractor shall review, approve and submit
9.3 The Contractor shall enforce strict discipline and to the Architect Shop Drawings, Product Data,
good order among the Contractor's employees and Samples and similar submittals required by the
other persons carrying out the Contract. The Contract Documents with reasonable promptness.
Contractor shall not permit employment of unfit The Work shall be in accordance with approved
persons or persons not skilled in tasks assigned to submittals. When professional certification of
them. performance criteria of materials, systems or
9.4 The Contractor warrants to the Owner and equipment is required by the Contract Documents,
Architect that materials and equipment furnished the Architect shall be entitled to rely upon the
under the Contract will be of good quality and new accuracy and completeness of such certifications.
unless otherwise required or permitted by the 9.9 The Contractor shall keep the premises and
Contract Documents, that the Work will be free from surrounding area free from accumulation of waste
defects not inherent in the quality required or materials or rubbish caused by operations under the
permitted, and that the Work will conform with the Contract. At completion of the Work the Contractor
requirements of the Contract Documents. Work not shall remove from and about the Project waste
• conforming to these requirements, including materials, rubbish, the Contractor's tools,
AIA DOCUMENT A 107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1715 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document
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Electronic Document Service A107 -1987 6
• construction equipment, machinery and surplus workmen's compensation acts, disability benefit acts
materials. or other employee benefit acts.
9.10 The Contractor shall provide the Owner and 9.12.2 The obligations of the Contractor under this
Architect access to the Work in preparation and Paragraph 9.12 shall not extend to the liability of the
progress wherever located. Architect, the Architect's consultants, and agents and
9.11 The Contractor shall pay all royalties and employees of any of them arising out of (1) the
license fees; shall defend suits or claims for preparation or approval of maps, drawings, opinions,
infringement of patent rights and shall hold the reports, surveys, Change Orders, Construction
Owner harmless from loss on account thereof, but Change Directives, designs or specifications, or (2)
shall not be responsible for such defense or loss the giving of or the failure to give directions or
when a particular design, process or product of a instructions by the Architect, the Architect's
particular manufacturer or manufacturers is required consultants, and agents and employees of any of
by the Contract Documents unless the Contractor has them provided such giving or failure to give is the
reason to believe that there is an infringement of Primary cause of the injury or damage.
patent. ARTICLE 10
9.12 To the fullest extent permitted by law, the ADMINISTRATION OF THE CONTRACT
Contractor shall indemnify and hold harmless the
Owner, Architect, Architect's consultants, and agents 10.1 The Architect will provide administration of the
and employees of any of them from and against Contract and will be the Owner's representative (1)
claims, damages, losses and expenses, including but during construction, (2) until final payment is due
not limited to attorneys fees, arising out of or
and (3) with the Owner's concurrence, from time to
resulting from performance of the Work, provided time during the correction period described in
that such claim, damage, loss or expense is Paragraph 18.1
attributable to bodily injury, sickness, disease or 10.2 The Architect will visit the site at intervals
death, or to injury to or destruction of tangible appropriate to the stage of construction to become
property (other than the Work itself) including loss of generally familiar with the progress and quality of
use resulting therefrom, but only to the extent caused the completed Work and to determine in general if
in whole or in part by negligent acts or omissions of the Work is being performed in a manner indicating
the Contractor, a Subcontractor, anyone directly or that the Work, when completed, will be in
indirectly employed by them or anyone for whose accordance with the Contract Documents. However,
acts they may be liable, regardless of whether or not the Architect will not be required to make exhaustive
such claim, damage, loss or expense is caused in part or continuous on -site inspections to check quality or
by a party indemnified hereunder. Such obligation quantity of the work. On the basis of on -site
shall not be construed to negate, abridge, or reduce observations as an architect, the Architect will keep
other rights or obligations of indemnity which would the Owner informed of progress of the Work and will
otherwise exist as to a party or person described in endeavor to guard the Owner against defects and
this Paragraph 9.12. deficiencies in the Work.
9A2.1 In claims against any person or entity 10.3 The Architect will not have control over or
indemnified under this Paragraph 9.12 by an charge of and will not be responsible for construction
employee of the Contractor, a Subcontractor, anyone means, methods, techniques, sequences or procedures,
directly or indirectly employed by them or anyone for or for safety precautions and programs in connection
whose acts they may be liable, the indemnification with the Work, since these are solely the Contractor's
obligation under this Paragraph 9.12 shall not be responsibility as provided in Paragraphs 9.1 and 16.1.
limited by a limitation on amount or type of damages, The Architect will not be responsible for the
compensation or benefits payable by or for the Contractor's failure to carry out the Work in
• Contractor or a Subcontractor under workers' or accordance with the Contract Documents.
AIA DOCUMENT A107 - ABBREVIATED OWNER - CONTACTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS,
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• 10.4 Based on the Architect's observations and consent of the person or entity sought to be joined,
evaluations of the Contractor's Applications for no arbitration arising out of or relating to the
Payment, the Architect will review and certify the Contract Documents shall include, by consolidation,
amounts due the Contractor and will issue joinder or in any other manner, any person or entity
Certificates for Payment in such amounts. not a party to the Agreement under which such
10.5 The Architect will interpret and decide matters arbitration arises, unless it is shown at the time the
concerning performance under and requirements of demand for arbitration is filed that (1) such person or
the Contract Documents on written request of either entity is substantially involved in a common question
the Owner or Contractor. The Architect will make of fact or law, (2) the presence of such person or
initial decisions on all claims, disputes or other entity is required if complete relief is to be accorded
matters in question between the Owner and in the arbitration, (3) the interest or responsibility of
Contractor, but will not be liable for results of any such person or entity in the matter is not insubstantial,
interpretations or decisions rendered in good faith. and (4) such person or entity is not the Architect or
The Architect's decisions in matters relating to any of the Architect's employees or consultants. The
aesthetic effect will be final if consistent with the agreement herein among the parties to the Agreement
intent expressed in the Contract Documents. All and any other written agreement to arbitrate referred
other decisions of the Architect, except those which to herein shall be specifically enforceable under
have been waived by making or acceptance of final applicable law in any court having jurisdiction
payment, shall be subject to arbitration upon the thereof.
written demand of either party. ARTICLE 11
10.6 The Architect will have authority to reject SUBCONTRACTS
Work which does not conform to the Contract
Documents. 11.1 A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform a
10.7 The Architect will review and approve or take portion of the Work at the site.
other appropriate action upon the Contractor's
submittals such as Shop Drawings, Product Data and 11.2 Unless otherwise stated in the Contract
Samples, but only for the limited purpose of checking Documents or the bidding requirements, the
for conformance with information given and the Contractor, as soon as practicable after award of the
design concept expressed in the Contract Documents. Contract, shall furnish in writing to the Owner
through the Architect the names of the
10.8 All claims or disputes between the Contractor Subcontractors for each of the principal portions of
and the Owner arising out or relating to the Contract, the Work. The Contractor shall not contract with any
or the breach thereof, shall be decided by arbitration Subcontractor to whom the Owner or Architect has
in accordance with the Construction Industry made reasonable and timely objection. The
Arbitration Rules of the American Arbitration Contractor shall not be required to contract with
Association currently in effect unless the parties anyone to whom the Contractor has made reasonable
mutually agree otherwise and subject to an initial objection. Contracts between the Contractor and
presentation of the claim or dispute to the Architect Subcontractors shall (1) require each Subcontractor,
as required under Paragraph 10.5. Notice of the to the extent of the Work to be performed by the
demand for arbitration shall be filed in writing with Subcontractor, to be bound to the Contractor by the
the other party to this Agreement and with the terms of the Contract Documents, and to assume
American Arbitration Association and shall be made toward the Contractor all the obligations and
within a reasonable time after the dispute has arisen. responsibilities which the Contractor, by the Contract
The award rendered by the arbitrator or arbitrators Documents, assumes toward the Owner and Architect,
shall be final, and judgment may be entered upon it and (2) allow to the Subcontractor the benefit of all
in accordance with applicable law in any court rights, remedies and redress afforded to the
is having jurisdiction thereof. Except by written Contractor by these Contract Documents.
AIA DOCUMENT A107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS.
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Electronic Document Service A107 -1987 8
• ARTICLE 14
ARTICLE 12 TIME
CONSTRUCTION BY OWNER OR 14.1 Time limits stated in the Contract Documents
BY SEPARATE CONTRACTORS are of the essence of the Contract. By executing the
12.1 The Owner reserves the right to perform Agreement the Contractor confirms that the Contract
construction or operations related to the Project with Time is a reasonable period for performing the Work.
the Owner's own forces, and to award separate 14,2 The date of Substantial Completion is the date
contracts in connection with other portions of the certified by the Architect in accordance with
Project or other construction or operations on the site paragraph 15.3.
under conditions of the contract identical or
substantially similar to these, including those 14.3 If the Contractor is delayed at any time in
portions related to insurance and waiver of progress of the Work by changes ordered in the Work,
subrogation. If the Contractor claims that delay or by labor disputes, fire, unusual delay in deliveries,
additional cost is involved because of such action by abnormal adverse weather conditions not reasonably
the Owner, the Contractor shall make such claim as anticipatable, unavoidable casualties or any causes
provided elsewhere in the Contract Documents. beyond the Contractor's control, or by other causes
which the Architect determines may justify delay,
12.2 The Contractor shall afford the Owner and then the Contract Time shall be extended by Change
separate contractors reasonable opportunity for the Order for such reasonable time as the Architect may
introduction and storage of their materials and determine.
equipment and performance of their activities, and
shall connect and coordinate the Contractor's ARTICLE 15
construction and operations with theirs as required by PAYMENTS AND COMPLETION
• the Contract Documents.
12.3 Costs caused by delays, improperly timed 15.1 Payments shall be made as provided in Articles
activities or defective construction shall be borne by 4 and 5 of this Agreement.
the party responsible therefor. 15.2 Payments may be withheld on account of (1)
defective Work not remedied, (2) claims filed by
ARTICLE 13 third parties, (3) failure of the Contractor to make
CHANGES IN THE WORK payments properly to Subcontractors or for labor,
materials or equipment, (4) reasonable evidence that ;
13.1 The Owner, without invalidating the Contract, the Work cannot be completed for the unpaid balance
may order changes in the Work consisting of of the Contract Sum, (5) damage to the Owner or
additions, deletions or modifications, the Contract another contractor, (6) reasonable evidence that the
Sum and Contract Time being adjusted accordingly. Work will not be completed within the Contract Time
Such changes in the Work shall be authorized by and that the unpaid balance would not be adequate to
written Change Order signed by the Owner, cover actual or liquidated damages for the anticipated
Contractor and Architect, or by written Construction delay, or (7) persistent failure to carry out the Work
Change Directive signed by the Owner and Architect. in accordance with the Contract Documents.
13.2 The Contract Sum and Contract Time shall be 15.3 When the Architect agrees that the Work is
changed only by Change Order. substantially complete, the Architect will issue a
13.3 The cost or credit to the Owner from a change Certificate of Substantial Completion.
in the Work shall be determined by mutual 15.4 Final payment shall not become due until the
agreement. Contractor has delivered to the Owner a complete
release of all liens arising out of this Contract or
receipts in full covering all labor, materials and
• equipment for which a lien could be filed, or a bond
AIA DOCUMENT A 107 - ABBREVIATED OWNER - CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS.
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Electronic Document Service A107 -1987 9
{ • satisfactory to the Owner to indemnify the Owner damage, injury or loss. The Contractor shall
against such lien. If such lien remains unsatisfied promptly remedy damage and loss to property at the
after payments are made, the Contractor shall refund site caused in whole or in part by the Contractor, a
to the Owner all money that the Owner may be Subcontractor, a Sub - subcontractor, or anyone
compelled to pay in discharging such lien, including directly or indirectly employed by any of them, or by
all costs and reasonable attorneys' fees. anyone for whose acts they may be liable and for
15.5 The making of final payment shall constitute a which the Contractor is responsible under
waiver of claims by the Owner except those arising Subparagraphs 16.1.2 and 16.1.3, except for damage
from: or loss attributable to acts or omissions of the Owner
or Architect or by anyone for whose acts either of
.1 liens, claims, security interests or them may be liable, and not attributable to the fault
encumbrances arising out of the Contract and or negligence of the Contractor. The foregoing
unsettled; obligations of the Contractor are in addition to the
.2 failure of the Work to comply with the Contractor's obligations under Paragraph 9.12.
requirements of the Contract Documents; or 16.2 The Contractor shall not be required to perform
.3 terms of special warranties required by the without consent any Work relating to asbestos or
Contract Documents. polychlorinated biphenyl (PCB).
Acceptance of final payment by the Contractor, a ARTICLE 17
Subcontractor or material supplier shall constitute a INSURANCE
waiver of claims by that payee except those
previously made in writing and identified by that 17.1 The Contractor shall purchase from and
payee as unsettled at the time of final Application for maintain in a company or companies lawfully
• Payment. authorized to do business in the jurisdiction in which
the Project is located insurance for protection from
ARTICLE 16 claims under workers' or workmen's compensation
PROTECTION OF PERSONS AND acts and other employee benefit acts which are
PROPERTY applicable, claims for damages because of bodily
injury, including death, and from claims for damages,
16.1 The Contractor shall be responsible for other than to the Work itself, to property which may
initiating, maintaining, and supervising all safety arise out of or result from the Contractor's operations
precautions and programs in connection with the under the Contract, whether such operations be by
performance of the Contract. The Contractor shall the Contractor or by a Subcontractor or anyone
take reasonable precautions for safety of, and shall directly or indirectly employed by any of them. This
provide reasonable protection to prevent damage, insurance shall be written for not less than limits of
injury or loss to: liability specified in the Contract Documents or
.1 employees on the Work and other persons required by law, whichever coverage is greater, and
who may be affected thereby; shall include contractual liability insurance
applicable to the Contractor's obligations under
.2 the Work and materials and equipment to paragraph 9.12. Certificates of such insurance shall
be incorporated therein; and be filed with the Owner prior to the commencement
.3 other property at the site or adjacent of the Work.
thereto. 17,2 The Owner shall be responsible for purchasing
The Contractor shall give notices and comply with and maintaining the Owner's usual liability
applicable laws, ordinances, rules, regulations and insurance. Optionally, the Owner may purchase and
lawful orders of public authorities bearing on safety maintain other insurance for self - protection against
• of persons and property and their protection from claims which may arise from operations under the
AIA DOCUMENT A107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1967 - THE AMERICAN INSTITUTE OF ARCHITECTS.
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Electronic Document Service A107 -1987 10
• Contract. The Contractor shall not be responsible for ARTICLE 18
purchasing and maintaining this optional Owner's CORRECTION OF WORK
liability insurance unless specifically required by the 18.1 The Contractor shall promptly correct Work
Contract Documents.
rejected by the Architect or failing to conform to the
17.3 Unless otherwise provided, the Owner shall requirements of the Contract Documents, whether
purchase and maintain, in a company or companies observed before or after Substantial Completion and
lawfully authorized to do business in the jurisdiction whether or not fabricated, installed or completed, and
in which the Project is located, property insurance shall correct any Work found to be not in accordance
upon the entire Work at the site to the full insurable with the requirements of the Contract Documents
value thereof. This insurance shall be on an all -risk within a period of one year from the date of
policy form and shall include interests of the Owner, Substantial Completion of the Contract or by terms of
the Contractor, Subcontractors and Sub- an applicable special warranty required by the
subcontractors in the Work and shall insure against Contract Documents. The provisions of this Article
the perils of fire and extended coverage and physical 18 apply to Work done by Subcontractors as well as
loss or damage including, without duplication of to Work done by direct employees of the Contractor.
coverage, theft, vandalism and malicious mischief.
18.2 Nothing contained in this Article 18 shall be
17.4 A loss insured under Owner's property construed to establish a period of limitation with
insurance shall be adjusted with the Owner and made respect to other obligations which the Contractor
payable to the Owner as fiduciary for the insureds, as might have under the Contract Documents.
their interests may appear, subject to the Establishment of the time period of one year as
requirements of any applicable mortgagee clause. described in Paragraph 18.1 relates only to the
17.6 The Owner shall file a copy of each policy with specific obligation of the Contractor to correct the
• the Contractor before an exposure to loss may occur. Work, and has no relationship to the time within
Each policy shall contain a provision that the policy which the obligation to comply with the Contract
will not be cancelled or allowed to expire until at Documents may be sought to be enforced, nor to the
least 30 days' prior written notice has been given to time within which proceedings may be commenced
the Contractor. to establish the Contractor's liability with respect to
the Contractor's obligations other than specifically to
17.6 The Owner and Contractor waive all rights correct the Work.
against each other and the Architect, Architect's .
consultants, separate contractors described in Article ARTICLE 19
12, if any, and any of their subcontractors, sub- MISCELLANEOUS PROVISIONS
subcontractors, agents and employees, for damages
caused by fire or other perils to the extent covered by 19.1 The Contract shall be governed by the law of
property insurance obtained pursuant to this Article the place where the Project is located.
17 or any other property insurance applicable to the 19.2 As between the Owner and the Contractor, any
Work, except such rights as they may have to the applicable statute of limitations shall commence to
proceeds of such insurance held by the Owner as run and any alleged cause of action shall he deemed
fiduciary. The Contractor shall require similar to have accrued:
waivers in favor of the Owner and the Contractor by
Subcontractors and Sub - subcontractors. The Owner .1 not later than the date of Substantial
shall require similar waivers in favor of the Owner Completion for acts or failures to act
and Contractor by the Architect, Architect's occurring prior to the relevant date of
consultants, separate contractors described in Article Substantial Completion;
12, if any, and the subcontractors, sub - subcontractors, .2 not later than the date of issuance of the
agents and employees of any of them. final Certificate for Payment for acts or
• failures to act occurring subsequent to the
AIA DOCUMENT A107 - ABBREVIATED OWNER- CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS.
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Electronic Document Service A107 -1987 11
• relevant date of Substantial Completion and
prior to issuance of the final Certificate for
Payment; and
.3 not later than the date of the relevant act
or failure to act by the Contractor for acts or
failures to act occurring after the date of the
final Certificate for Payment.
ARTICLE 20
TERMINATION OF THE CONTRACT
20.1 If the Architect fails to recommend payment for
a period of 30 days through no fault of the Contractor,
or if the Owner fails to make payment thereon for a
period of 30 days, the Contractor may, upon seven
additional days' written notice to the Owner and the
Architect, terminate the Contract and recover from
the Owner payment for Work executed and for
proven loss with respect to materials, equipment,
tools, and construction equipment and machinery,
including reasonable overhead, profit and damages
applicable to the Project.
20.2 If the Contractor defaults or persistently fails or
• neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision
of the Contract, the Owner, after seven days' written
notice to the Contractor and without prejudice to any
other remedy the Owner may have, may make good
such deficiencies and may deduct the cost thereof,
including compensation for the Architect's services
and expenses made necessary thereby, from the
payment then or thereafter due the Contractor.
Alternatively, at the Owner's option, and upon
certification by the Architect that sufficient cause
exists to justify such action, the Owner may
terminate the Contract and take possession of the site
and of all materials, equipment, tools, and
construction equipment and machinery thereon
owned by the Contractor and may finish the Work by
whatever method the Owner may deem expedient. If
the unpaid balance of the Contract Sum exceeds costs
of finishing the Work, including compensation for
the Architect's services and expenses made necessary
thereby, such excess shall be paid to the Contractor,
but if such costs exceed such unpaid balance, the
Contractor shall pay the difference to the Owner.
•
AIA DOCUMENT A107 - ABBREVIATED OWNER - CONTRCTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1967 - THE AMERICAN INSTITUTE OF ARCHITECTS.
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Electronic Document Service A107 -1987 12
•
ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
(Signature) (Signature)
Thomas G. Bradford S
Village Manager
(Printed name and title) (Printed name and title)
•
•
AIA DOCUMENT A) 07 - ABBREVIATED OWNER - CONTACTOR AGREEMENT - NINTH EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
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Electronic Document Service A107 -1987 13
• CUMBERLAND CASUALTY & SURETY CO.
4311 W. WATERS AVE #401
TAMPA, FL. 33614
813 885 -2112
This is the frontpage of the performance / payment bond issued in compliance with -- - -- - -
Florida Statute Chapter 255.05
C ATFT7n TAI TnqC�T)P I NC. 0 W rWNaMW ILLAGE OF TEOUESTA
Address Pn - Rnv 1 1 9? PO BOX 3273
HOBE SOUND, FL 31 . 475 Address 1 E 4
Phone # 561 54( -90
Obligee Name Q mtrad Number N /A
(if diMreat from property a!wner) (assigned by oumer)
Address
Phone #
Pro ject Description COLMTRY CLUB DRIVE, STREETSCAPE IMrROVEMENTS
Proj=Addrew COUNTRY CLUB DRIVE, TEQUESTA, -FL.
Leal nesuiption of Property c nTT,dTRY CT,TTR P. TVF. _ TEnirESTA FL
This is the front page of the bond, All other pages are subsequent rcganu s of pre -
Pdmed numbers
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NO.CC• -15838
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
AIELLO LANDSCAPE, INC. CUMBERLAND CASUALTY & SURETY CO.
PO BOX 1122 4311•W. WATERS AVE #401
HOBE SOUND, FL. 33475 TAMPA, FL. 33614
OWNER (Name and Address):
ILLAGE OF TEQUESTA
0 BOIN 3273
TEQUESTA, FL. 33469
CONSTRUCTION CONTRACT
Dat e:APRIL 8, 1999
Amount: $133,775,00
Description (Name and Location): COUNTRY CLUB DRIVE STREETSCAPE
COUNTRY CLUB DRIVE, TEQUESTA FLORIDA
BOND
Date (Not earlier than Construction Contract Date)APRIL 8, 1999
Amount: $133,775.00
Modifications to this Bond: O None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Comparv. AIELLO LANDSCAPE, I �Forporate Seal) Company: (Corporate Seal)
CUMBERLAND CASUA v SURE Y CO.
Sigi. !4 ure: _ '� r � y - Signature:
Name and Title: TOP4AS AIELLO, PRESIDENT Name and Title: RE J. JEDLICK
ATTORNEY IN FACT
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY —Name, Address and Telephone)
• AGENT or BROKER: JBI GROUP, INC. OWNER'S REPRESENTATIVE (Arch tect, Engineer or
other party): PARKER- YANNETTE DESIGN GROUP
AIA DOCUMENT A312 • PERFORMANCE BONO AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1
THIRD PRINTING • MARCH 1987
I , -The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter -
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract, which is incorporated herein Owner; or
G b reference. .2 Deny liability in whole or in part and notify the
If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed
provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be
conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right
tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the
any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
Contractor Default and Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a terminated the Contractor's a o Owner under the Construction Contract. To the limit of the
formally g to complete P amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract, the Sure -
the Surety have received notice as provided in Sub - ty is obligated without duplication for:
paragraph 3.1; and
6.1 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc -
Contract Price to the Surety in accordance with the tion Contract;
• terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam -
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non- perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract; or
perform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to
p P obligations of the Contractor that are unrelated to the Con -
tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change, includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga-
with performance and payment bonds executed by a tions.
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc-
• curs first. If the provisions of this Paragraph are void or
.1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA A
A312.19134 2
F.97486 (11/92)
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
be mailed or delivered to the address shown on the si - duced by all valid and proper payments made to or on
g behalf of the Contractor under the Construction Con -
nature page. tract.
11 When this Bond has been furnished to comply with a 12,2 Construction Contract: The agreement between
statutory or other legal requirement in. the location where the Owner and the Contractor identified on the sig-
the construction was to be performed, any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per -
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con -
payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adjustments perform and complete or comply with the other terms
j
have been made, including allowance to othe Con- thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
� gnature: Signature:
dame and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1964 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 A312.1984 3
THIRD PRINTING • MARCH 1967
WARNIN(t I lnikenf DhOlernnwAnn wdnlalan If S_ h'adeeeatir laws w w-
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
AIELLO LANDSCAPE, INC, CUTMIBERLAND CASUALTY & SURETY G0.
PO BOX 1122 4311 W. WATERS AVE #401
HOBE SOUND, FL. 33475 TAMPA, FL- 33614
OWNER (Name and Address):
0 ILLAGE OF TEQUESTA
D BOY 3273
TEQUESTA, FL. 33469
CONSTRUCTION CONTRACT
Date: APRIL 8, 1999
Amount: $133,77 5. 00
Description (Name and Location): COUNTRY CLUB DRIVE STREETSCAPE
BOND
COUNTY CLUB DRIVE, TEQUESTA.FLORIDA
Date (Not earlier than Construction Contract Date):
Amount: $1:33,775,00
Modifications to this Bond: ❑ None ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
AIELLO LANDSCAP iCopporate Seal)
_ !E, /INC.j CUMBERLAND ASUALT & ° RETY
Signzlur ^;
✓ '����
Signature: _
Name arK1 Title' TOMAS AIELLO, PRESIDENT Name and Title: TH
. JEDL.TCK
(Any aoditioral signatures appear on page 6) ATTORNEY IN FACT
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: JBI GROUP, INC OWNER'S REPRESENTATIVE (Architect, Engineer or
. other party):
PARKER- YANNETTE DESIGN GROUD
AIA DOCUMENT A912 PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed vhotocoovina vlolates U.S. trademark laves and I■ WIN r.. L - .1
I The , Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to
• rated herein by reference. the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, amounts.
for all sums due Claimants, and
7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur- 6 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor-
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and
3 With respect to Claimants, this obli ation shall be the Surety under this Bond, subject to the Owners prior -
null and void if the Contractor prompt y makes pay Ity to use the funds for the completion of the work.
ment. directly or indirectly, for all sums due. - 9 The Surety shall. not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat-
under this Bond until: ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim -
4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli-
contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or
Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond.
sent a copy, or notice thereof, to the Owner, stating
• that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract
42 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor. obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating, with date (1) on which the Claimant gave the notice required by
substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 423, or (2) on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate -
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-
whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the
.2 Have either received a rejection in whole or provisions nimum pe Paragraph are void or prohibited by law,
In part from the Contractor, or not received �� of limitation available to sureties as a
within 30 days of furnishing the above no-
defense In the jurisdiction of the sort shaft be applicable.
tice any communication from the Contractor
by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12) and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written .notice furnished to the Contractor. the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con -
Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall
cent compliance. be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON. D.C. 20006 A312 -1984 S
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is ..ddn * r...e__.
a Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
Contractor and the Contractor's . subcontractors, and
• 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made. 15.2 Construction Contract: The agreement between
13 DEFINITIONS the Owner and the Contractor identified on the sig-
1SA Claimant: An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 1S.3 Owner Default: Failure of the Owner, which has
ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita. tractor as required by the Construction Contract or to
tion in the terms "labor, materials or equipment' that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address-: Address:
ALA DOCUMENT At12 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA e
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 6
THIRD PRINTING • MARCH 1967
CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY
TAMPA, FLORIDA
PRINCIPAL �,2o C � "', T ^� EFFECTIVE DATE
• V Q v >R 1 12 Z l�pb c 5 ®�
F1 '3 3 Y 7S"
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT 4 1 77 a 11 AMOUNT OF BOND $ i 3 3, 7 7S-
POWER NO. 15833
KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized
under the laws of the State of Florida, having its principal office in the City of Tampa, Florida, pursuant to the following resolution,
adopted by the Board of Directors of the said Company on the 7th day of April, 1997, to wit:
"Resolved that the President of the Company shall have authority to make, execute, and deliver a Power of Attorney constituting
as Attorney -in -Fact, such person, firms, or corporations as may be selected from time to time.
Be it Further Resolved, that the signature of the President and the Seal of the Company may be affixed to any such Power of
Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached."
Cumberland Casualty & Surety Company does hereby make, constitute and appoint Theodore J. Jedlick
and /or Robert H. Bond State of, Florida
its true and lawful attorn ey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed two million ($2,000,000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officer of the Cumberland Casualty & Surety Company, and all the acts of said attorney(s) pursuant to
the authority herein given, and hereby ratified and confirmed.
&IN WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by an
'MR ficer of the Company and its Corporate Seal to be hereto affixed.
�SU►,�tr s sG
CUMBERLAND CASUALTY & SURETY COMPANY
; O o °'voy�f *F��
W SLi'� o Ed a d J. Edenfiel IV -
STATE OF FLORIDA )
SS
a
COUNTY OF HILLSBOROUGH)
On this 7th day of April, A.D. 1997, before me personally came Edward J. Edenfield IV, to me known, who being by me duly
sworn did dispose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of the Cum-
berland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows
the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation and that he signed his name, thereto by like order.
ANN
Pusuc ` BE Y ANN JE
5 in r Notary Public, State of Flo ida
STATE OF FLORIDA ) . e pJ= My Commission Expires Aug. 2 ) 998
SS RcuvM� No. CC 402276
COUNTY OF HILLSBOROUGH) Bonded Through Official Rotary 8¢ruice
I, the undersigned, Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa. ,pp
AItr c �* Dated the Ir day of / + P�'� , 19
O G�'�oy ►E �r<
.� SEAL
� ~� Carol S. Black, ecretary
I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Sure shall
successors and assigns to the Owner to a for labor, tY promptly and at the
materials and equipment furnished for use in the perfor- Surety's expense take the following actions:
. mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to
rated herein by reference. the Owner, within 45 days after receipt of the claim,
2 With respect to the Owner, this obligation shall be for eng ng any at amounts t a are di basis
null and void if the Contractor:
6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, amounts.
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the amount of this 'B ndaand amount of this Bond exceed
2.2
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor-
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims,
demands, liens o Contractor the Bond, they agree that all funds earned by the Contractor
Sty, andprov ded thereis no Owner Default. d� catpe �ormance of the Construction Contract are
o satisfy obligations of the Contractor and
3 With respect to Claimants, this obligation shall be the Surety under this Bond, subject to the Owner's prior -
null and void if the Contractor promptly makes pay- itY to use the funds for the completion of the work.
ment, directly or indirectly, for all sums due.
9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat-
under this Bond until: ed
ale for to the Construction Contract. The Owner shall not be
4.1 Claimants who are employed by or have a direct ant under his Bond, nd s hall have und th s no an
contract with the Contractor have given notice to the gations to make a
Surety (at the address described in Paragraph 12) and otherwise have obligations ons to g ive
laimants under s Bondr
. sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim. 10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating, with date (1) on which the Claimant gave the notice required by
substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 42.3, or (2) on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate -
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-
whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the
.2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law,
in part from the Contractor, or not received the minimum period of limitation available to sureties as a
within 30 days of furnishing the above no-
defense in the jurisdiction of the suit Sall be applicable.
tice any communication from the Contractor
by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12) and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor.
the construction was to be performed, any provision in this
a notice required by Paragraph 4 is given by the hall c de de sal htatutory or legal requirement
wner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement
O t shal
cient compliance. be deemed incorporated herein. The intent is that this
AIA DOCUMENT A112 • PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1964 ED. • AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987 A312 -1984 5
WARNING: Unlicensed photocopying violates U.S. trademark law, ant t. •.. �__.
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
14 Upon request b an person or entity appearing to be a Contractor and the Contractor's subcontractors, and
• potential beneficiary of his Bond, the Contractor shall all other items for which a mechanic's lien may be
promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials
to be made. or equipment were furnished.
15 DEFINITIONS 1S -2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
1S.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has
ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con-
. intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
lion in the terms "labor, materials or equipment" that perform and complete or comply with the other terms
Part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
e
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
• Signature: Signature:
and Title: Name and Title.
Address::. Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, O.C. 20006 A312 -1984 6
THIRD PRINTING • MARCH 1987