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Rehabilitation of Lummus Park AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND VILA & SON LANDSCAPING CORP. FOR REHABILITATION OF LUMMUS PARK BID NO. 102-98/99 City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY CLERK .'j .' ' AGREEMENT THIS AGREEMENT made this J~~fvl) day of St~pp1JbJ2--1999, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and Vila & Son Landscaping Corp. 20451 SW 216 Street Miami, FL 33170 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "Rehabilitation of Lummus Park" by said City, do hereby mutually agree as follows: I. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within eighty (80) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within ninety-five (95) calendar days after the date when the Contract Time commences to run. Bid No.. 102-98/99 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No.1, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Three Hundred Dollars ($300.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Three Hundred Dollars ($300.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. Bid No.. 102-98/99 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $390,045.70 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. VfLA & ~Qi\3_ ~~~'lD_']~APlt-J_G L) CITY OF MIAMI BEACH :lay"r 191 Title A TTEST/o) \Uktcr fell ceu^,- City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 11(~ Mornoy I~~~d) o 7 Bid No.. 102-98/99 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http \lci miami-beach II us COMMISSION MEMORANDUM NO. l..L.q-q't TO: Mayor Neisen O. Kasdin and Members of the City mission DA TE: September 22, 1999 " FROM: Sergio Rodriguez City Manager SUBJECT: Request for proval to Award a Contract to Vila & Son Landscaping Corp. in the Amount of $390,045.70, Pursuant to Bid No. 102-98/99 for the Rehabilitation of Lummus Park. RECOMMENDATION A ward the contract. FUNDING $390,045.70 Funding is available from the Parks Bond Budget Account Number 370.2169.067357 BACKGROUND This Invitation to Bid was issued on August 11, 1999, with an opening date of September 10, 1999. Eighty-five (85) notices were mailed, resulting in requests for ten (l0) sets of plans and specifications and the receipt offour (4) responsive bids. The Base Bid includes supplying all labor, materials, equipment and supervision necessary for the improvements to Lummus Park including landscape improvements, additional irrigation, paving and park furniture. Alternate No.1 consists of the furnishing and installation of May pan Coconut Palms in lieu of Green Malayan Coconut Palms. The Contractor shall be substantially completed with the work within eighty (80) calendar days after the date of the Notice to Proceed, and complete and ready for final payment within ninety-five (95) calendar days after the date of the Notice to Proceed. ANAL YSIS The City's consultant for this project, Bennello & Ajamil & Partners/Curtis & Rogers Design Studio has reviewed the bids received and recommends award (letter attached) to the low bidder, Vila & Son Landscaping Corp including Alternate No.1. FUNDI AGENDA ITEM c..2E. DATE-3.2.'2....'1'1 Manage 15 Bid No. 102-98/99 September 22, 1999 Page Two BID TABULATION Vendor Base Bid Alternate No.1 Total Vila & Son Landscaping Corp. $357,681.70 $32,364.00 $390,045.70 Recio & Associates, Inc. $413,274.60 $10,503.00 $423,777.60 Capricorn Construction Corp. $469,000.00 $15,175.92 $484,175.92 Tenusa, Inc. $560,342.11 $100,550.00 $660,892.11 CONCLUSION This contract should be awarded to the lowest responsive, responsible bidder, Vila & Son Landscaping Corp. \ ~s.A. ~ S&~J1): ~. 16 ;fA ., ~ CUI-! r I S ROCERS f) : S I G N STUDIO I I.j C I rl II d " I II Pi .'111 I) i,t' / tit 1/' Q GilA N n AVrNU( SUI TEl 0 I COrONu] G . 0 V E I lOR: lJ ~ 3 J \ 3 IFlEPHONF. 305 114? '7/4 F A <. S I M I I E J05 4J \ 9.!ijU CUitog@bl:lI~OlJlh ncl lI( t C. t (;0,'1'2.1 2-d Septei,,',b8i" ] 0, 199':; l\l\r _ tv;;cht:: tV~(.i.g:i0i"~ City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re: Lummus Park - Bid. No.1 02-98/99 Bid Review Dear Michel: We attended the bid opening for the above project. The City received a total of 4 bids. We have reviewed the bids and confirm that Vila & Son Landscaping Corporation is the low bidder with a total base bid of $ 357,681,70. We have worked with Vila & Son in the past on various City of Miami Beach projects and feel extremely confident of their ability to perform the work on time and of the quality requested. They are familiar with the park, having installed previous bond improvements for it, which gives me great confidence in their knowledge and performance. We also recommend that you purchase Bid Alternate No.1 - the provision of Maypan Coconut Palms in lieu of Green Malayan's. These palms are more robust and would be more compatible with the existing Jamaica Tall's in the park. This would be an increased price of $ 32, 364.00. This would put the total bid at $388,045.70. I recommend that the City of Miami Beach award this contrad to Vila & Son Landscaping. I rook forward to continuing to serve you on this projecl and others. Please call me if you have any questions. Sincerely, ~dOJ-.\ C l.~~ Aida M. Curtis Principal BB'\.S-S'\.'\.-SOE S~3~O~ 'I SI.L~n:) 17 dl'\.:10 SI EI das BID PROPOSAL FOR REHABILITATION OF LUMMUS PARK BID No. 102-98/99 PROPOSAL PAGE 1 OF5 JM~ PROPOSAL OF I ~,j LA~f~G LDt=p. (Name ~51 SW ~ lIP ~17 ftltl1W-1/, yl-. ~~''7l) (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the "Rehabilitation of LUMMUS Park" and more particularly set forth herein. SUB:MITTED~mP1kr JtJ~9!I:L . TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, finn or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to-wit: BID NO: 102-98/99 Amended DATE: 9/11/99 CITY OF MIAMI BEACH 2 BID PROPOSAL FOR REHABILITATION OF LUMMUS PARK BID No.102-98/99 PROPOSAL PAGE 2 OF 5 All bid items shall include costs for furnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The undersigned, as Bidder, proposes and agrees, if this proposal is accepted to enter into a contract with the City in the fonn of the contract specified, to complete the above captioned Project in full and complete accordance wit the shown, noted, described and reasonable intended requirements of the drawings and specifications and other contract documents to the full and entire satisfaction of the City, with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents: This proposal shall include the total cost for supplying all labor, materials, tools, equipment and supervision necessary to complete the Lummus Park Project, as per plans and specifications. The quantities on the plans are listed as an aid to the bidders and are not intended to be a complete list of materials or quantities. It shall be the Contractor's responsibility to determine quantities and provide all materials, labor, equipment and supervision, necessary to complete the job as specified in the plans and technical special provisions. The installation guarantee and maintenance shall be included in the lump sum cast. ITEM # DESCRIPTION UNIT QTY UNIT COST TOTAL COST MOBILIZATION 1. Mobilization LS 1 $ ID,DW.CO $ jD,[ll) .00 I SITE PREPARATION 2. Relocation of EA 2 $ 2 '50.00 $ GTJO .00 Coconuts BID NO: 102-98/99 Amended DATE: 9/11/99 CITY OF MIAMI BEACH J BID PROPOSAL FOR REHABILITATION OF LUMMUS PARK BID No.1 02-98/99 PROPOSAL PAGE 3 OF 5 ITEM # DESCRIPTION UNIT QTY UNIT COST TOT AL COST PAVING 3. Concrete walk SY 405 $ !!J / .!:;;-o $ 1),1757.50 at 7th Street Playground 4.. Beachwalk 8:3./0 $ ::10/ ICJ:3.~D at 5th Street SY 243 $ PLAYGROUNDS 5. Concrete base for SY 694 $ ~#5fJ $l~4?5:t() accessible tiles at playgrounds 6.. Seatwall UN. 15 $ 1,;Jft,[i;tO $ /~ CJ'75: 00 FURNITURE 7. Double seat benches EA 6 $ A,4tJtJ.ttJ $ pi 4/JO.to 8. Triple seat benches EA 4 $ ~/OctJ.O() $ !~ UJO -tXJ 9. Trash receptacles EA 27 $ /50.tD $ 109;.00 (Installation Only) LANDSCAPING 10. Coconut Palms EA 259 $ ~8Lf.fP $ 1{p,5()(p.tXJ 5' gw 11. Coconut Palms EA 130 $ b~.OO $ ~gJ 4OtJ.OO 10' gw , '-' qOb \ 1 'I BID NO: 102-98/99 Amended DATE: 9/11/99 CITY OF MIAMI BEACH 4 BID PROPOSAL FOR REHABILITATION OF LUMMUS PARK BID No.102-98/99 PROPOSAL PAGE 4 OF 5 ITEM # DESCRIPTION UNIT QTY UNIT COST 12. Seagrape Trees EA 17 $ bJ.3:A .50 12'-14' oa ht 13. F akahatchee Grass EA 230 $ <6.00 3 gal., 24" oa 14. St. Augustine Sod SF 9454 $ .bO solid sod IRRIGATION 15. Irrigation as shown in the plans and specifications LS TOTAL COST $ ~I 1S{)..sO , $ ~ g'~.fX) $ 5:~7J.'-iO , 1 $ :<r; tJOOt:V $ ::l7,OtrJ.tO 16. Contingency LS $ 1 15.000.00 Total $ 15.000.00 $ '351, 108/.1fl I AL TERNA TE NUMBER ONE; Provide Cocos nucifera "Maypans", Jamaica Certified, Florida No.1, in lieu of Cocos Nucifera "Green Malayans". 1. $ 4o~{,() Cocos nucifera "Maypans" 5' gray wood EA 259 2. 787.50 Cocos nucifera "Maypans" 1 0' gray wood $ EA 130 $Ioi gCj!i; tJ/J $ / O~J 815: 00 $ 20~;). 7{)(;t) , Corff. ryVVIiI""5A'5E" l31D +jt ~/~, eo) Alternate No. One Total BID NO: 102-98/99 Amended DATE: 9/11/99 CITY OF MIAMI BEACH 5 BID PROPOSAL FOR REHABILITATION OF LUMMUS PARK BID No.102-98/99 PROPOSAL PAGE 5 OF 5 Bidders must sign below to acknowledge receipt of addendum (if necessary). Amendment No.1: 1~6/q9 Amendment No.2: Amendment No.3: ADDRESS: jt{t.A- ~ {oN LAr-U:>.5C.AopI....G (;;~. I~ I 'FL.. 170 FIRM'S NAME (Print or Type): SIGNATURE: ~ (Perso I auth1rized to submit bid for firm) PRINT NAME: 1::~ Le:A-L- TELEPHONE NUMBERfM 25"5-q2IJ~ FAX:{~~) 2~~ 92LJ? BID NO: 102-98/99 Amended DATE: 9/11199 CITY OF MIAMI BEACH 6 CITY OF MIAMI BEACH CITY HALL 1700 CONvE,'HlON CENTER DRIVE MIAMI BEACH FLORIDA 33139 PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 INVITATION TO BID NO 102-98/99 TELEPHONE: (305) 673-7490 1 . SUNCOM: (305) 933,7490 CITY OF MIAMI BEACH FAX: (305) 673,7851 ADDENDUJ\I NO.1 August 26, 1999 City of Miami Beach Bid No. 63-98/99, Rehabilitation of Lummus Park is amended as follows: I. Modifications to the specifications. 1. Drawing L-500: Provide an alternate price (Alternate No. 1) to provide Cocos nucifera "Maypans"- Jamaica Certified, in lieu of Cocos nucifera "Green Malayans", in the quantities, sizes, standards and with the required "certifications" as currently specified. 2. The Proposal document is revised. A copy of this revised document marked "Amended" is attached and made a part of this Addendum. Bidders shall submit their Proposal on this revised Proposal F OnTI. When submitting your bid, please note that Addendum NO.1 was received. We look forward to receiving your bid. CITY OF !VIL\MI BL\CH --I l ,~/' "--', ,LL''-.-{_ 'v c!..,- "- Michael A. Rath, CPPB Procurement Director Attachments I RF:CElVEDl I AU G 2 7 1999 ~Y: -. THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A310 Bid Bond BOND # GA0212652 KNO\V ALL MEN BY THESE PRESENTS, that we VILA AND SON LANDSCAPING CORP. 20451 SW 216 STREET MIAMI, FL 33170 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GENERAL ACCIDENT INS. CO. 436 WALNUT STREET PHILADELPHIA, PA 19106 a corporation duly organized under the laws of the Stak ofPA as Surety, hereinafter called the Surety. are held and tirmly bound unto CITY OF MIAMI BEACH (Here insert full name .and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the swn of Five Percent of Amount Bid -Dollars ($ 5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, tirmly by these presents. WHEREAS, the Principal has submitted a bid tor REHABILITION OF LUMMUS PARK. BID # 102-98/99 (Here insert full name, address and description of proJect) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Docwnents with good and sufticient surety tor the faithful pertormance of such Contract and tor the prompt payment of labor and material furnished in the prosecution thereo( or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difterence not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to pertorm the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and eftect. Signed and sealed this 10th day of September. 1999. G CORP. (Seal) /'t(\ ~ ~ Ct\"';c)L'-'2'---':" /C, ., ::;-:-j (Witness) C l <J + ' ( ~~. ~r..-~ (Witness) GENE~.RALAC INS. CO. ~ : '~~Seal) (Title) AlA DOCUMENT A310 BID BOND AIA@ FEBRUARY 1970 ED THE AMERICA."l INSTITITTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 1 I Po\ver of Attorney GA 0212652 LU=: General Accident 436 Walnut Street, Philadelphia, PA 19106 KNOW ALL MEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a Pennsylvania corporation having its pnncipal office in Philadelphia, Pennsylvania does hereoy make, constitute and appoint: Arturo F. Hoyo, Thomas L. Webb, Ralph M. Callander, all of the City of Mia m i S p ri ng s, S tate of F lorid a------------------------------------------------------------------------------------------------------------------------------------------------------------------- each individuallv if there be more than one named. its true and lawful Attorney-in-Fact. to make, execute, seal and deliver as surety for and on its behalf,and as Its act and deed any and all bonds and undertakings of suretyship, and to bind the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA hereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof; provided that no bond or undertaking of suretyship executed under this authority shall exceed in the amou nt the su m of; F I FTE E N M I LLlO N DOLLARS-----m---------------m-------m------------------------______________________________________________________m__-~-------------------- _ __ __ _ _ _____ _ _ ____ __ _ _ _ _ ___ _ _ _ ____________________ _ _ __ _ ___ _ _ __ __ __ _ __________ ___ _ ________ __ __ __ _ __ ______ --- - - -- - - --------- -- --------- ---------- ---- --------- - - ------- - - - -- -- ---- --------------- (1 5, 00 0 , 000 . 00 ) This power of attorney is granted under and by authority of Subsection 5.1 (b) of Article V of the by-laws of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA which became effective February 20, 1992 and which provisions are in full force and effect, reading as follows: 5.1 (b) The Board of Directors or PreSident. Vice PreSident. or other officer designated by them or either of them shall have power to appoint Attorneys-in-Fact and to authorize "them to execute on behalf of the Company bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to attach the seal of the Company thereto; and shall also have the power to remove any such Attorney.in-Fact at any time and revoke the power and authority given to him. Any instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if Signed by an Executive Officer, and sealed and attested by the Secretary." This power of attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, at a meeting held on the 20th day of February, 1992, at which a quorum was present, and said resolution has not been amended or repealed: "Resolved. that in granting powers of attorney pursuant to subsection 5.1 (b) of the by-laws of the Company the signature of such directors and officers 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 power of attorney or certificate bearing such facsimile signatures or 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" IN WITNESS WHEREOF, GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA has caused these presents to be signed by Dennis S. Perler, its Vice President, and its corporate seal to be hereto affixed, this 12th day of April ~::~oowe'lth ,IPeon'yl,,';, GENERAL ACCIDEN&::::NY OF Ap'CAO A _ ~ Philadelphia County Dennis S. perl~ On this 12th day of April ,19 .j!L, personally appeared Dennis S. Perler to me known to be the Vice President of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto and that the seal affixed to said instrument is the corporate seal of said Company, that said corporate seal and his signature were duly affixed pursuant to the by-laws and e resolution of the board of directors of said Company. ,~", It'" """~# ~...' \~~~.~~~.l.~ "~~ ~ '-:"."ONW~~,~ ~.. : .' ~~. """i' ':. : ':0 ",.... -:. - '0 OF ~'. : : *; :.)<.: : :,~ : = ~ "'~~ ~~:: ':... 'k,". Yl."'" .:'", ..' .. "...... ,.' ~.. ..~ Vl", . ....... 'fbv " ~",~~.~y p\) ".... I, James E: Carr6n>ssistantSecretary of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, which is still in full force and effect, and that Article V, Subsection 5.1 (b) of the by-laws of the Company and the resolution set forth above are still in full force and effect. ~.~ Notary Public in and for the Commonwealth of Pennsylvania IN /J day of ~- ......... L..~ _~n - James E. Carroll, Assistant Secretary This Power of Attorney may n:Jt bp. used to execute any bond with an inception date after April 12, 2003 SB-00273.92 This document is printed on a red background For verification of the authenticity of this Power of Attorney vou may ell! l-iH;()-2Dil..2360 and .l:,k for the Po\V("r of Attorney supervhor. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In Pennsylvania, Dial 21.1-625-3081. S8-0027 3.92 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: . By VILA ~ ~N LANt:>SCJrpu',\~ t.Dtlf>. Principal Office ~Lj5"1 5\N 'LIft, 5,,-. Mlflml, -PL. ~~/rjD How many years has your organization been in business as a General Contractor under your present business name? is- Does your organization have curren occupational licenses entitling it to do the work contemplated in this Contract? '8"$ State of Florida occupational license - state type and number: it; - C. oS/ ~5 d -,Nt). aG2 ~-? Still 11\.1' Dade County certificate of competency - state type and number: ~t1/I ~7 P~at;:)I? '=' JI!Je.I6M1~ /J /IJ " City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with propasal. How many years experience in similar work has your organization had? (A) As a General Contractor bll~ (B) As a Sub-Contractor I G 'i'~ (C) What contracts has your organiZation completed? Contract Amt Class of Work When Completed Name/Address of Owner '1 ' ~ee: h/~'7:(t:h.ed. Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? Uo If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ptJ BID NO: 102-98/99 DATE: 9/11/99 CITY OF MIAMI BEACH 9 If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? IJ"/le cia! standing What equipment do you own that is available for the proposed work and where located? ~/ a ,I,' q .el- ~ee What Bank or Banks have you arranged to do business with during the course of the Contract Shoulditbe~~:;yo~l1~ /' #;4m/ Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. / e answ} are true and correct. --,,? .__/"- (SEAL) (SEAL) BID NO: 102-98/99 DATE: 9/11/99 CITY OF MIAMI BEACH 10 INSURANCE CHECK LIST xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. xxx 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages. xxx 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 XXX 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: t evidence of this .. BID NO: 102-98/99 DATE: 9/11/99 CITY OF MIAMI BEACH 23 CONTRACTOR REFERENCES Altman-Barry Construction Robert Altman 7720 NW 53rd Street Miami, FI. 33166 (305)592-3520 (305)592-2326 Fax Betancourt Castellon and Associates Mr. Ramiro Betancourt 7355 SW 87th Avenue, Suite 100 Miami, FI. 33173 (305)598-2932 (305)59~083 Fax The Brewer Co. Of Florida Mr. Walter Brewer 9801 N.W. 106 St. Miami, FI. 33178 (305) 364-3595 (305) 364-3599 Fax Central Florida Equipment Rental Inc. Mr. Bob Baer 9030 NW 97th Terrace Medley, FI. 33178 (305)888-3344 (305)887-7804 Fax Codina Development Mr. Jeff Williamson 8323 N.W. 12th Street Suite 115 Miami, FI. 33126 (305)477-8700 (305)477-8720 Fax Disney Development Company Mr. Frank Woods 1190 Celebration Blvd. Celebration, FI. 34747 (407)939-D850 (407)939-D855 Fax Dooley & Mack Constructors Mr. Richard Mulligan 3200 N. University Dr. Suite 204 Coral Springs, FI. 33065 (305) 345-8288 (305) 345-9041 Fax Martin K. Eby Construction, Inc. Mr. Ed Westall 201 N. Bear Island Rd. Bay Lake, FI. 32830 (407)824-8236 (047)824-8246 Fax Harrison Construction Ms. Charlotte Willis 1000 N.W. 54 St. Miami, FI. 33127 (305) 757-D62l Hewett Kier Construction Co. Mr. James Hewett 1888 NW 23rd St. Pompano Beach, FI. 33069 (305)945-6454 Horizon Contractors Inc. Mr. Jose Sanchez 6157 N.W. 167th St. Suite F24 Miami, FI. 33015 (305) 828-2050 (305) 82M905 Fax Baker Mellon Stuart Construction Mr. John Lee P.O. Box 22782 2000 Cayman Way Lake Buena Vista, FI. 32830 (407)827-5151 (407)827-5984 Fax Miri Construction Inc. Mr. Dion Suarez 7340 S.W. 121 St. Miami. FI. 33156 (305) 233-5266 Pan American Contractors Inc. Mr. Mort Myrick 7600 NW 69th Avenue Miami. FI. 33166 (305)863-9007 (305)863-D443 Fax Pavex Inc. Mr. Paul Possanza 2501 N.W. 48th St. Pompano Beach, FI. 33073 (305) 428-8712 (305) 429-9637 Fax Recchi America, Inc. 9200 South Dadeland Blvd., Suite 225 Miami. FI. 33156 (305)670-7585 (305)670-7462 Fax Sessom's Construction Mr. Lee Sessoms 7777 N. Davie Road Ext. Hollywood. FI. 33024 (305) 431-7900 (305) 436-6789 Fax S.1. Nicholas, Inc. Mr. Samir Nicholas 1600 South Federal Highway, Suite 811 Pompano Beach. FI. 33062 (954)786-2990 (954)783-9256 Fax Southeastern Engineering Mr. Eduardo Dominguez 12054 N.W. 98 Ave. Hialeah Gardens, FI. 33016 (305) 557-4226 (305)557-8568 Fax Triple R Paving Inc. Mr. Roger Hawkes 3328 SW 46th Avenue Ft. Lauderdale, FI. 33314 (305)944-4349 (305)792-8985 Fax M. Vila & Associates Inc. Mr. Martin Vila 12097 NW 98th Avenue Hialeah Gardens. FI. 33018 (305) 821-1226 (305) 826-CXXl4 Fax W. Jackson & Sons Construction Co. Mr. Russell Sepielli 1888 NW 21 st. Street Pompano Beach, Fl. 33069 (305)973-3060 (305)960-1679 Fax SiteScape A Phillips and jordan Company. Mr. Larry Shotwell P.O. Box 829 Windermere, FI. 34786 (407)827-6193 (407)827-6814 Fax MAJOR PROJECTS COMPLETED NAME OF PROJECT: Broward County Contingency Landfill-Contract 3 LOCATION: Broward Co, FI. LANDSCAPE ARCHITECT: Post, Buckley, Schuh & Jernigan, Inc. CONTACT PERSON: Joseph L. Miller (305) 921-7275 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $928,000.00 DATE OF COMPLETION: January, 1992 NAME OF PROJECT: Grand Palms Golf and Country Club LOCATION: Pembroke Pines, Florida OWNER: Shelby Homes LANDSCAPE ARCHITECT: Rhett Roy L.A. / Planners CONTACT PERSON: MR. Rhett Roy (954) 462-0704 CONTRACT AMOUNT (VARIOUS) $2,262,600.00 DATE OF COMPLETION: October, 1992 NAME OF PROJECT: Ft. Lauderdale Beach Revitalization Phase III LOCATION: AlA Boulevard, Ft. Lauderdale, FI. OWNER: City of Ft. Lauderdale LANDSCAPE ARCHITECT: Edward D. Stone and Associates CONTACT PERSON: Mr. Kevin Mangan (305) 524-3330 GENERAL CONTRACTOR: Triple R Paving Inc. CONTACT PERSON: Roger Hawkes (305)944-4349 CONTRACT AMOUNT: $382,000.00 DATE OF COMPLETION: July, 1993 NAME OF PROJECT: Landscaping and Irrigation Loop Road and Lakes(3194) Landscaping and Irrigation Commercial Rd. and Third Level Planters(#195) LOCATION: Orlando International Airport OWNER: Greater Orlando Aviation Authority CONTACT PERSON: Larry Willbur, ZHA Inc. ( 407)825-4037 LANDSCAPE ARCHITECT: Edward D. Stone and Associates, Inc. CONTACT PERSON: Greg Meyer (407)425-3330 CONTRACT AMOUNT: $2,980,000.00 DATE OF COMPLETION: August, 1993 NAME OF PROJECT: Kendalltown Tree Planting OWNER: Kendalltown Homeowner's Association CONTACT PERSON: Ms. Joyce Collins LANDSCAPE ARCHITECT: O'Leary Design Associates CONTACT PERSON: Mr. William O'Leary (305) 596-6096 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $130,000.00 DATE OF COMPLETION: September, 1993 NAME OF PROJECT: Key Biscayne Street tree Planting OWNER: Village of Key Biscayne CONTACT PERSON: Sam Kissinger, Village Manager (305)365-5500 LANDSCAPE ARCHITECT: O'Leary Design Associates Mr. William O'Leary (305)596-6096 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $384,830.00 DATE OF COMPLETION: December, 1993 Page 1 NAME OF PROJECT: F. A. U. School of Education OWNER: Florida Atlantic University LANDSCAPE ARCHITECT: Barretta and Associates (407) 997-5660 GENERAL CONTRACTOR: Sessoms Construction Company, Inc. TELEPHONE NO.: (305) 945-1547 CONTRACT AMOUNT: $78,000.00 DATE OF COMPLETION: January, 1994 NAME OF PROJECT: Eden Roc Hotel Landscaping OWNER: Eden Roc Hotel CONTACT PERSON: Mr. John Sheppard (305) 531-0000 LANDSCAPE ARCHITECT: Rhett Roy LA/Planning CONTACT PERSON: Mr. Rhett Roy (305) 462-0704 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $78,000.00 DATE OF COMPLETION: February, 1994 NAME OF PROJECT: City of Miami Tree Planting Project PhaseVIII/X OWNER: City of Miami CONTACT PERSON: City of Miami Public Works Department (305) 579-6865 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $50,000.00 DATE OF COMPLETION: June, 1994 NAME OF PROJECT: Key Biscayne Neighborhood Landscaping OWNER: Village of Key Biscayne CONTACT PERSON: Mr. Sammuel Kissinger, Village Manager (305) 365-5514 LANDSCAPE ARCHITECT: A. Gail Boorman and Associates, Inc. (813) 263-2242 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $122,973.00 DATE OF COMPLETION: June, 1994 NAME OF PROJECT: Country Walk Revegetation Project OWNER: Country Walk Homeowner's Association CONTACT PERSON: Ms. Donna Enos (305) 238-9336 LANDSCAPE ARCHITECT: O'Leary Design Associates CONTACT PERSON: Mr. William O'Leary (305) 596-6096 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $308,000.00 DATE OF COMPLETION: June, 1994 NAME OF PROJECT: Miami Beach 5th Street Beautification Project OWNER: City of Miami Beach CONTACT PERSON: Mr. Kevin Smith Director of Parks and Recreation Dept. LANDSCAPE ARCHITECT: Rosenberg Design Group CONTACT PERSON: Mr. Bill Rosenberg (305) 235-5310 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $660,326.00 DATE OF COMPLETION: June, 1994 Page 2 NAME OF PROJECT: OWNER: ARCHITECT: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: DATE OF COMPLETION: NAME OF PROJECT: OWNER: CONTACT PERSON: LANDSCAPE ARCHITECT: GENERAL CONTRACTOR: CONTRACT AMOUNT: DATE OF COMPLETION: NAME OF PROJECT: OWNER: CONTACT PERSON: LANDSCAPE ARCHITECT: GENERAL CONTRACTOR: CONTRACT AMOUNT: DATE OF COMPLETION: NAME OF PROJECT: OWNER: CONTACT PERSON: LANDSCAPE ARCHITECT: GENERAL CONTRACTOR: CONTRACT AMOUNT: DATE OF COMPLETION: NAME OF PROJECT: OWNER: CONTACT PERSON: LANDSCAPE ARCHITECT: GENERAL CONTRACTOR: CONTRACT AMOUNT: DATE OF COMPLETION: NAME OF PROJECT: OWNER: CONTACT PERSON: LANDSCAPE ARCHITECT: GENERAL CONTRACTOR: CONTRACT AMOUNT: DATE OF COMPLETION: Elementary School 0-91 School Board of Broward County Shrum Ali and Associates, Inc. 305-822-1865 Hewett-Kier Construction Co. Mr. Craig Colligan (305) 945-6456 $150,000.00 August, 1994 Hiawassee Road Landscape Beautification Orange County Public works Mr. Antonio Lozada ( 407)836-7930 HWH Architects Engineers and Planners (407) 423-5525 Vila and Son Landscaping Corp. $124,000.00 August, 1994 Kendall Drive Landscaping Florida Department of Transportation Mr. Khaled AI-Said O'Leary Design Associates (305)596-6096 Vila and Son Landscaping Corp. $220,058.00 October, 1994 Dade County Street Beautification Metropolitan Dade County Mr. William Cutie Director of Parks and Recreation Metropolitan Dade County Parks and Recreation Vila and Son Landscaping Corp. $780,000.00 November, 1994 Key Biscayne Beautification Florida Department of Transportation Mr. Jorge Ortis (305) 470-5445 O'Leary Design Associates Mr. William O'Leary (305) 596-6096 Vila and Son Landscaping Corp. $388,575.00 November, 1994 U.S. Coastguard Richmond Heights Housing United States Coast Guard Mr. Jack Fink (212) 668-7077 Laura Llerena and Associates (305)279-1651 Vila and Son Landscaping Corp. 197,881.00 November 1994 Page 3 NAME OF PROJECT: Johnson and Wales University LOCATION: Dade Co. OWNER: Johnson and Wales University CONTACT PERSON: Mr. Douglas Sidelinger (305)892-7051 LANDSCAPE ARCHITECT: Savino & Miller Design Studio CONTACT PERSON: Mr. Barry Miller (305)538-9062 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $67,814.00 DATE OF COMPLETION: December, 1995 NAME OF PROJECT: Surfside Central Business District Renovation LOCATION: Dade Co. OWNER: Town of Surfside GENERAL CONTRACTOR: Southestern Engineering Contractors CONTACT PERSON: Mr. Eduardo Dominguez (305) 557-4226 CONTRACT AMOUNT: $80,795.00 DATE OF COMPLETION: August, 1995 NAME OF PROJECT: Ringling Bros. Elephant Caretaking Facility LOCATION: Polk city, Florida OWNER: Ringlin Bros. and Barnum & Bailey Combined Shows REFER8'JCE Mellon Stuart Construction CONTACT PERSON: Mr. Charlie Dorr (407)827-5151 CONTRACT AMOUNT: 55,657.00 DATE OF COMPLETION: November, 1995 NAME OF PROJECT: Normandy Isles Roadway Improvements LOCATION: Dade Co. OWNER: City of Miami Beach LANDSCAPE ARCHITECT: Savino and Miller Design Studio CONTACT PERSON: Mr. Barry Miller (305)583-9062 GENERAL CONTRACTOR: Horizon Construction CONTACT PERSON: Mr. Jose Sanchez DATE OF COMPLETION: December, 1995 NAME OF PROJECT: Lake Destiny Drive Landscape and Hardscape Imp. LOCATION: City of Maitland, Florida OWNER: The City of Maitland REFEREl\lCE P.B.S. and J. Inc. CONTACT PERSON: Mr. Barry Rymer (407)647-1998 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $60,487.25 DATE OF COMPLETION: January, 1995 NAME OF PROJECT: Summit Beautification Project LOCATION: Dade County, Florida OWNER: Dade County Aviation Department CONTACT PERSON: Mr. Jeff Dawson (305)375-5289 landscape architect: Curtis and Rogers Design Studio CONTACT PERSON: Ms. Aida Curtis/Ms Espe Suarez (305)442-1774 GENERAL CONTRACTOR: Vila and Son Landscaping CONTRACT AMOUNT: 349,070.50 DATE OF COMPLETIO~ag~CW' 1995 NAME OF PROJECT: Homestead Motor Sports Complex OWNER: City of Homestead LANDSCAPE ARCHITECT: Bermello, Ajamil and Partners CONTACT PERSON: Ms. Ana Maria Pages GENERAL CONTRACTOR: BCA, Inc. CONTACT PERSON: Mr. Ray Betancout (305)598-2932 CONTRACT AMOUNT: 732,975.00 DATE OF COMPLETION: December, 1995 NAME OF PROJECT: Little Lake Bryan C.P. 3 LOCATION: Lake Buena Vista, Florida OWNER: The Little Lake Bryan Co. GENERAL CONTRACTOR: Baker Mellon Stuart Construction, Inc. CONTACT PERSON: Mr. Charles Dorr (407)827-5151 LANDSCAPE ARCHITECT: P.B.S. and J. Inc CONTACT PERSON: Mr. Barry Rymer (407)647-1998 CONTRACT AMOUNT: 608,297.00 DATE OF COMPLETION: November, 1995 NAME OF PROJECT: Pompano Beach Service Plaza State Project No. 97860-3386 LOCATION: Broward Co. OWNER: Florida Department of Transportation GENERAL CONTRACTOR: W. Jackson and Sons Construction Co. CONTACT PERSON: Paul Rimavicus (954)920-0111 CONTRACT AMOUNT: $133,834.28 DATE OF COMPLETION: 1995 NAME OF PROJECT: John Young parkway Highway Beautification LOCATION: Orange Co. OWNER: Orange County Board of County Commissioners CONTACT PERSON: Mr. Antonio Lozada ( 407)836-7930 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $246,401.00 DATE OF COMPLETION: May, 1996 NAME OF PROJECT: Orange Avenue Highway Beautification LOCATION: Orange Co. OWNER: Orange County Board of County Commissioners CONTACT PERSON: Mr. Antonio Lozada ( 407)836-7930 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $191,352.40 DATE OF COMPLETION: June, 1996 NAME OF PROJECT: Riverside Drive LOCATION: Broward Co. OWNER: Broward County Board of County Commissioners GENERAL CONTRACTOR: W.Jackson and Sons Constrction Co. CONTACT PERSON: Paul Rimavicus (954)920-0111 CONTRACT AMOUNT: $114,755.00 DATE OF COMPLETION: July, 1996 Page 5 NAME OF PROJECT: DDA Plaza PH 1 LOCATION: Broward Co. OWNER: Downtown Development Authority CONTACT PERSON: Mr. Jerry Sternstin (954 )463-65 74 LANDSCAPE ARCHITECT: Rhett Roy Landscape Architect and Planners CONTACT PERSON: Mr. Rhett Roy (954 )462-0722 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $280,513.68 DATE OF COMPLETION: December, 1996 NAME OF PROJECT: Flaming Road landscaping LOCATION: Broward Co. OWNER: Town of Davie CONTACT PERSON: Mr. Dan Oyler (954) 797 -2061 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $75,845.00 DATE OF COMPLETION: September, 1996 NAME OF PROJECT: McFarlane Homestead Linear Park LOCATION: Dade Co. OWNER: City of Coral Gables CONTACT PERSON: Mr. Thomas Springer (305)460-5014 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $53,995.00 DATE OF COMPLETION: September, 1996 NAME OF PROJECT: Military Trail Palm Beach Beautification LOCATION: Palm Beach Co. OWNER: City of Boca Raton CONTACT PERSON: Mr. Jeffry Borick (561 )338-7300 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $113,232.00 DATE OF COMPLETION: December, 1996 NAME OF PROJECT: Brickell Avenue FDOT LOCATION: Dade Co. OWNER: Florida Department of Transportation GENERAL CONTRACTOR: P.J. Constructors, Inc. CONTACT PERSON: Mr. Tom Reiner (305)863-9007 CONTRACT AMOUNT: $422,104.81 DATE OF COMPLETION: January, 1996 NAME OF PROJECT: Collins Avenue Beautification Ph 1 & 2 LOCATION: Dade Co. OWNER: Bal Harbour Village CONTACT PERSON: Mr. Alfred Treppeda (305)866-4633 LANDSCAPE ARCHITECT: O'Leary Design Associates Mr. William O'Leary (305)596-6096 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $2,033,360.00 DATE OF COMPLETION: August, 1996 Page 6 NAME OF PROJECT: 41 st Street Beautification Project LOCATION: Dade Co. OWNER: City of Miami Beach CONTACT PERSON: Mr. John De Pazos (335)673-7490 ARCHITECT: Curtis and Rogers Design Studio CONTACT PERSON: Ms. Esperanza Suares (305)442-1774 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $109,869.00 DATE OF COMPLETION: November, 1996 NAME OF PROJECT: Celebration CP 12 & 26 LOCATION: Orlando, FI. OWNER: Enterprise Community Development District Disney Development Co. CONTACT PERSON: Mr. Steve Hedden ( 407)566-1935 LANDSCAPE ARCHITECT: EDAW Inc. CONTACT PERSON: Mr. Walter Cole (703)836-1414 CONTRACT AMOUNT: $2,275.000.00 DATE OF COMPLETION: October, 1996 NAME OF PROJECT: Celebration Lakeside Rec. Center LOCATION: Orlando, FI. OWNER: McDevitt Street Bovis CONTACT PERSON: Mr. Raymond Bowen ( 407)939-0938 CONTRACT AMOUNT: $112,958.00 DATE OF COMPLETION: October, 1996 NAME OF PROJECT: State Schools F-H1-U LOCATION: Dade Co. OWNER: Dade County Public Schools GENERAL CONTRACTOR: The haskell Co. CONTACT PERSON: Mr. Anthony Williams (904)791-4500 CONTQRACT AMOUNT: $469,411.23 (combined) DATE OF COMPLETION: March, 1997 MANE OF PROJECT: Lincoln Road Mall Improvements LOCATION: Miami Beach Florida OWNER: City of Miami Beach LANDSCAPE ARCHITECT: Pressley Associates, Inc. CONTACT PERSON: Mr. David Cates (305) 673-7080 GENERAL CONTRACTOR: S.1. Nicholas, Inc. CONTACT PERSON: Mr. Samir Nicholas (954)786-2990 CONTRACT AMOUNT: 760,953.45 DATE OF COMPLETION: December, 1997 NAME OF PROJECT: North Federal Highway Beautification LOCATION: Palm Beach Co. OWNER: City of Boca Raton CONTACT PERSON: Mr. Jeffry Borick (561 )338-7300 CONTRACT AMOUNT: $326,554.50 DATE OF COMPLETION: 1997 Page 7 NAME OF PROJECT: Aloma Avenue Highway Beautification LOCATION: Orange Co. OWNER: Orange County Beard of County Commissioners CONTACT PERSON: Mr. Antonio Lozada ( 407)836-7930 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $344,312.50 DATE OF COMPLETION: July, 1997 NAME OF PROJECT: SR 417 Central Florida Greenway landstar Blvd. LOCATION: Orlando, FI. OWNER: Orlando Orange County Expressway Authority CONTACT PERSON: Mr. William McKelvy ( 407)425-8606 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $92,562.50 DATE OF COMPLETION: July, 1997 NAME OF PROJECT: Dadeland Mall Expansion LOCATION: Dade Co. LANDSCAPE ARCHITECT: Witkins Design Group CONTACT PERSON: Mr. Andy Witkins GENERAL CONTRACTOR: Central FI. Equipment Rental CONTACT PERSON: Mr. Robert Baer (305)888-3344 CONTRACT AMOUNT: $427,097.00 DATE OF COMPLETION: November, 1997 NAME OF PROJECT: Tract "G" @ Winston Park LOCATION: Broward Co. GENERAL CONTRACTOR: The Related Group CONTACT PERSON: Mr. Michael Getz (305)460-9900 CONTRACT AMOUNT: $384,460.25 DATE OF COMPLETfON: December, 1997 NAME OF PROJECT: Merrick Way Shops and Parking LOCATION: Dade Co. GENERAL CONTRACTOR: Betancourt Castellon Associates CONTACT PERSON: Mr. Michael Betancourt (305)598-2932 CONTRACT AMOUNT: $90,575.00 DATE OF COMPLETION: November, 1997 NAME OF PROJECT: F.D.O.T. 1-95 Landscaping LOCATION: Broward Co. OWNER: Florida Department of Transportation CONTACT PERSON: Mr. Carl Higgins (954)972-1760 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $3,176,998.00 DATE OF COMPLETION: January, 1998 NAME OF PROJECT: Buena Vista Dr. Widening LOCATION: Orlando, FI. OWNER: Reddy Creek Improvement District GENERAL CONTRACTOR: Walt Disney Imagineering, Inc. CONTACT PERSON: Larry Harlos CONTRACT AMOUNT: $624,797.00 DATE OF COMPLETIO~ag~egruary, 1998 NAME OF PROJECT: Universal City Resorts Area Landscaping Ph 1 LOCATION: Orange Co. OWNER: Universal City Development Parners Mr. John Fitzgibbon ( 407)248-7500 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $2,938,000.00 DATE OF COMPLETION: NAME OF PROJECT: Disney's Animal Kingdom "Advance Planting" LOCATION: Orlando, FI. GENERAL CONTRACTOR: Martin K. Eby, Inc. CONTACT PERSON: Mr. Ed Wastall (407)824-8236 CONTRACT AMOUNT: $3,320,000.00 DATE OF COMPLETION: April, 1998 NAME OF PROJECT: Aventura Blvd. Streetscapes LOCATION: City of Aventura OWNER: The City of Aventura CONTRACT PERSON: Mr. Robert Sherman (305)466-8900 LANDSCAPE ARCHITECT: O'Leary Design Associates CONTACT PERSON: Mr. William O'Leary (305)596-6096 GENERAL CONTRATOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $1,483,122.00 DATE OF COMPLETION: August, 1998 Page 9 9/9/99 VILA & SON LANDSCAPING CORPORATION MIAMI DIVISION VEHICLE AND EQUIPMENT LIST NO. TAG BRAND 'VA SERIAL NUMBER DESCRIPTION PICK-UP TRUCKS PT-2 RBL 79 F !XXlGE 93 1 B7KM26C4PS235932 PT-3 NPH 98 R FOR) 882FT JW35M7 JCB24325 PT-4 QBJ 54 X FOR) 872FT JW3514HCA62835 PT-5 LNY 28 E FOR) 882FT JW35M4JCA31942 PT-6 RBX 99 R TOYOTA 87 JT4RN50RXH0270501 PT-16 UIR 89 Q FOR) 90 1 FTHX25M8LKB07831 PT-17 UIC 98 B FOR) 91 2FTHF25MOMCA22975 PT-18 TVV 67 P FOR) 891FT JX35M5KKA51241 PT -22 PEJI.D FOR) 92 1FTHX25M7NKA83668 TRACTOR TRUCKS T-1 AX)( 42 C MACK 79 R686ST3381 TRACTOR TK T-2 QBJ 61 Y MACK 81 1M2N178Y5BA071970 TRACTOR TK T-3 SYE 92 Z MACK 90 1M2AA06YXLW005895 TRACTOR TK T-4 M 0554 E MACK 78 U685ST14810 TRACTOR TK T-5 M 0553 E FOR) 78 F70EVAH3162 TRUCK T-9 PEND. MACK 91 1M1AA13Y2MN013506 DUMP TRUCKS DT - 3 M 0336 D MACK 88 2M1N190Y6JC023452 DUMP TRUCK DT - 4 PEND MACK 89 1 M2AA07Y8KM01 0613 DUMP TRUCK WATER TRUCK WT - 1 M 0587 E MACK 90 VG6M113X1LB400005 WA TEA TRUCK WT - 2 M 0236 D FOR) 77 A902VZ12287 WT-3 M 8000 P MACK 88 VG6M113XOJB066501 WT-5 UIC 99 B MACK 85 2M2N187Y8FC008275 WT-6 M3829Q MACK 78 DMM6856S2535 . (HEAVY DUTY) STEP VANS '1-1 I 7734 Q ~ fl:.-"I Ir""I 'I 8 8 JvV'6ADF1 C6JLOO2808 VAN IlIillUucnl V-5 SXV 67 Z ISUZU 89 JALB4B1H5K7002140 VAN TRAILERS FB-2 NPI 82Q GDAN 85 1 GADM8428FJ003066 FLAT BED TL FB-3 RJE 03 D HMDE 84 XXX FLAT BED TL FB-4 UVF01 K DEXTa 94 1H9FB282P10471136 FLAT BED TL TV-2 LMR 60 Y HARD 85 1 H9ACD625F4013445 DUMP TL. TE-3 TGA54X BEAV 86 11208D306GS090110 EQUIP. TE-4 QAU78T ASPT 72 XXX EQUIP. TE-9 QAV 67 E C?HE. 789D78157 EQUIP.TL TE-11 UJE 54 E T8I 79 TC79087 LOW BOY TL HEAVY EQUIPMENl: Page 1 of 2 9/9/99 NO. TAG BRAND VA SERIAL NUMBER DESCRIPTION EB-1 580 SK CASE 92 JJG0167550 BACKHOE/LOADER EV-2 1845 C CASE 92 JAF0101785 SKID LOADER EB-3 580 K CASE 90 JJG0024149 BACKHOE/LOADER ET-4 212 JOHN DEERE C12J1258993M AGR. TRACTOR EB-6 580 K CASE 90 JJG0031629 BACKHOE/LOADER EF-7 UT586 E CASE 92 JJG0069400 FORKLIFT EF-8 584 E CASE 88 JJGOO67264 FORKLIFT EF-9 CHALMER FORKLIFT EB-13 580L CASE 95 JJG0221359 LOADERlBACKHOE EL-14 621 CASE 88 JAK0020658 WHEEL LOADER TR - 17 R 40 DITCH WITCH 80 278568 TRACTOR EM - 18 TM7-30 X (TAG IUC 41 E) RBNCO 90 3028 POWER MULCH ECH-19 1250 (TAG U 4591 F) VERMEER 90 IVRC1413XlI001598 WOOIJ01IPPER EG - 20 206 VERMEER 92 IVRC07196N1001772 STUMP GRINDER TR - 21 2300 DITCH WITCH 80 301487 TRACTOR ES - 24 8 FT BRILLlON 95 171890 SEEDER 2 SAND BLASTER 90 PRESSURE CLEANER 3930 FORD T#3053 96 008246B AG. TRACTOR 4X4 7310 . T#2642 96 S5A0084 AG. LOADER WIHDY. TREE BOOM LX885 NEW HOLLAND T#2930 96 877096 SKID STEER W/SUPER TRACKS CUSTOME . T #2888 96 N/A TREE BOOM/ATIACHMENT Page 2 of 2 CGU General Accident Insurance Company of America 2601 Westhall Lane, Maitland Florida, 32794 407-660-1985/407-660-9368 (Fax) Bond Number: S'./6 00 S[?.;)S') This is the front page of the performance/payment bond issued in compliance with Florida Statue 255.05. Contractor Name: VI \ Q '\ SOf\ Contractor Address: ~ 0 '-IS I 8' LU ~ L (., si. Contractor Phone Number: :3 oS ~ Q S S - Cj ~ ZJ 'J ~(. 33/ '0 Owner Name: Cl \:-y C).c t--\ l c~ Vyt, I t{) ea.c~ Owner Address: !fJO DI"\ uenl-I 01 33 t3Cj Owner Phone Number: Obligee Name (if different from property owner): Obligee Address: -s~ .J Obligee Phone Number Contract Number (assigned by owner): T3 \.0 AJu - I 0 c;) - '1 f- 77 Project Description: W <2...Vta...v21 ~ f \ -\- 0....+ I 0,"1 () -f" L {),tyt yVl US P.4A ~ . Project Address: Legal Description of Property: This is the Front Page of the bond. All other pages are subsequent regardless of preprinted numbers. FL Rider 255.05 THE AMERICAN INSTITUTE OF ARCHITECTS . Premium Amount Based on Final Contract Amount Bond No. SB0058255 AlA Document A312 , Performance Bond Any singular reference to Contractor. Surety, Owner ex' other party shaH be considered plunl where applicable. CONTRACTOR (Name and Address): VILA AND SON LANDSCAPING CORP. 20451 SW 216 STREET MIAMI, FL33170 SURETY (Name and Principle Place of Business): GENERAL ACCIDENT INS. CO. 436 WALNUT STREET PHILADELPHIA, PA 19106 OWNER (Name and Address): CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 CONSTRUCTION CONTRACT Date: 1 1 Amount: S 390 045.70 Description (Name and Location): REHABILITATION OF LUMMUS PARK BID NUMBER 102-98/99 BOND Date (Not earlier than Construction Contract Date): 10/05/1999 Amount: S 390,045.70 Modifications to this Bond: [X] None LJ See Page 3 CONTRACTOR AS P COMPP,NY VILA AND SO SURETY (Corporate Seal) G CORP. Si.gnature: Name and Title: JUAN CARLOS VILA I p~. (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: COAST AL I;'\/SURANCE GROUP 150 Westward Drive Miami Springs, FL 33166 OWNER'S REPRESENTATIVE (Architect, or Engineer or other party): AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AlA 0 TilE AMERICA.'1INSTlTUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 TIIIRD PRINTf.'iG. MARCH 1987 A 312-1984 1 The Contractor and the Surety, Jomtly and sever- ally, bind themselves their heirs, executors, admini- strators, successors and assigns to the Owner for the perfonnance ofthe Construction Contract, which is incorporated herein by reference. 2 If the Contractor perfonns the Construction Con- tract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 Ifthere is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at Its address described in Paragraph 10 that the Owner is considering declaring a Contractor default and has requested and attemp- ted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- fonning the Construction Contract. If the Owner, the ContTactoT and the Surety agree, the Contractor shall be allowed a Teasonable time to perfonn the Con- struction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare Contractor Default; and 3.2 The Owner has declared a Contractor Default and fonnally tenninated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have Teceived notice as provided in Subpara- graph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance with the tenns of the Construction Contract or to a contractor selected to perfonn the Construction Contract in accordance with the tenns of the contract with the Owner. 4 When the O".meT has satisfied the conditions of Para- gTaph 3, the Surety shall promptly and at the SUTety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the OwneT, to perfonn and complete the Construction Con- tract; or 4.2 Undertake to perfonn and complete the Construc- tion ContTact itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from quali- fied contractors acceptable to the Owner for a con- tract for perfonnance and completion of the Con- struction Contract, arrange fOT a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurTence, to be secured with perfonnance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damagcs as described in Paragraph 6 in excess of the Balance of the Contract Price Incurred by the Owner resulting from the Contractor's default; or 4.4 Waive Its ngnt 10 perronn ana complere, arrange for completion, or obtain a new contract- tor and with reasonable promptness under the circumstances: .1 After investigation, detennine the amount for which it may be liable to the Owner and, as as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notifY the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Para- graph 4 with reasonable promptness, the Surery shall be deemed to be in default on this Bond fifteen days below after receipt of an additional written notice from the Owner to the Surety demanding that the Surety peT- fonn its obligations under this Bond, and the Owne shall be er!l:itled to enforce any remedy available to the Ownetf. If the Surety proceeds as provided in Sub paragraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be en- titled to enforce any Temedy available to the Owner. 6 After the <A\11eT has tenninated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above then the responsibilities of the Surety to the O\\11er shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the SUTety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the owner of the Balance of the Contract Price to mitigation of costs and damages on the Con- struction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under ParagTaph 4; and 6.3 Liquidated damages, or ifno liquidated dam- ages aTe specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are un- related to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. AlA DOCUMENT AJI2 PERFOR~lg;CE BOND AND PAYMENT BOND DECEMBER 1984 ED, AIAO A312.1984 2 11 IE AMERICAN INS1ll1JI"[ OF ARCHITECTS, 1735 NEW YORK AVE., NW. WASHINGTON, D.C. 20006 8 The Surety hereby waives notice of any change, in- cluding changes of time, to the ConstTuction Contract or to related subcontracts, pUTchase ordeTs and other obli- gations. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contrac- tor under the Construction Contract after all proper adjustment have been made, including 9 Any proceeding, legal or equitable, under this Bond allowance to the Contractor of any amounts may be instituted in any court of competent jurisdiction received or to be received by the Owner in in the location in which the work or part of the work is settlement of Insurance or other claims for dam- located and shall be instituted within two years after ages to which the Contractor is entitled, reduced Contractor Default or within two years after the Contrac- by all valid and proper payments made to or on tor ceased working or within two years after the Surety behalf of the Contractor under the Construction refuses or fails to perform its obligations under this ContTact. Bond, whichever occurs first. It the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties AS a defense In the jurisdiction ofthe suit shall be applicable. 10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requiTement in the location where the construction was to be performed any provi- sion in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory OT other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO TIllS BOND ARE AS FOLLOWS: 12.2 Construction Contract: The agreement be- tween the Owner and the Contractor identified on the signature page including all Contract Docu- ments and changes thereto. 12.3 Co'ntractor Default: Failure of the Contractor which h!s neither been remedied nor waived to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner which has neither been remedied nor waived to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the otheT terms theTeof. (Space is provided below for additional signatures of added parties, otheT than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA A312-1984 3 DOCUMENT A312 PERFORMANE BOND AN PAYMENT BOND DECEMBER 198430, AlA 0 TIlE AMERICAN INSTITUTE OF AROIITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 TlIIRD PRINTING- MAROl1987 THE AMERICAN INSTITUTE OF ARCHITECTS . Bond No. SB0058255 AlA Document A312 Payment Bon4 Any stngu.Iar reference to Contnctor, Surety, Owner or other party than be consJdered plural where applicable. CONTRACTOR (Name and Address): VILA AND SON LANDSCAPING CORP. 20451 SW 216 STREET MIAMI, FL 33170 SURETY (Name and Principle Place of Business): GENERAL ACCIDENT INS. CO. 436 WALNUT STREET PHILADELPHIA, PA 19106 OWNER (Name and Address): CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRNE MIAMI BEACH, FL 33139 CONSTRUCTION CONTRACT Date: / / Amount: $ 390,045.70 Description (Name and Location): REHABILITATION OF LUMMUS PARK BID NUMBER 102-98/99 BOND Date (Not earlier than Construction Contract Date): 10/05/1999 Amount: $ 390,045.70 Modifications to this Bond: See Page 6 CONTRACTOR AS PRlNCIPAL SURETY Signature: Name and Title: (Corporate Seal) G CORP. (Any additional signatures appear on page 6) FOR INFORMATION ONL Y-Name, Address and Telephone AGENT OR BROKER: COASTAL INSURANCE GROUP 150 Westward Drive Mhrmi Springs, FL 33166 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AI,\ DOCUMENT AJ12 PERFORMANCE BO:-<D A:,D PAYMENT BOND DECEMBER 1984 ED.. AIAO TilE AMERICAN r.-ISTlTUTE OF AROIITECTS. 1735:'1EW YORK AVE., N.W.. WASHINGTON, D.C. 20006 TIIIRD I'IUNTlNG - MARCil 1987 A312-1984 4 1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by bind themselves their heirs, executors, administrators, succeSSOTS and assigns to the Owner to pay for labor, materials and equipment furnished for use in the per- formance ofthe Construction Contract, which is incor- porated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, fOT all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, dir- ectly or indirectly, for all sums due. 4 The SUTety shall have no obligation to Claimants un- der this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the ContTactor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment includ- ed in the claim stating, with substantial accur- acy, the amount of the claim and the name of the party to whom the materials were furnished OT supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, OT not received within 30 days of furnishing the above notice any com- munication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made undeT this Bond and en- closing a copy of the previous written notice fur- nishcd to thc Contractor. the Owner to the Contractor or the the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the condit- ions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after Te- ceipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay c.1t arrange for payment of any undis- puted amounts. 7. The Surety's total obligation shall not exceed the amount ofthis Bond, and the amount ofthis Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contrac- tor undeT the Construction Contract shall be used for the peTformance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Con- tractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construc- tion Contract are didicated to satisfy obligations ofthe Contractor and the SUTety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Con- tractor that are unrelated to the Construction Contract. The Owner shall not be liable for pay- ment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Con- tract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expir- ation of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or clause 4.2.3, or (2) on which the last labor or scrvice was performed by anyone or the last labor matcrials or equipment were furnished by anyone undcr the Construction Contract, which ever of (I) AL\ DOC!::\IENT A312 PERFORMANCE BOND AND PAYMENT BOND DECD1BER 1984 ED.,AIAO A312-198-t 5 TIlE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 :-iEWYORK AVE., N.W., WASHINGTON, D.C. 211006 TIIIRD I'RINTI:-iG - :\IARCIl1987 VI \k) .1.-11""'" V........UI..." "'" """'-' t"......................~. ....~ ~ -.....o.-r.. are void or prohibited by law, the minimum period or limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suf- ficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutoI)' or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutoI)' or legal require- ment shall be deemed deleted herefrom and provisions conforming to such statutoI)' or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutoI)' bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the ContractoT shall promptly furnish a copy of this Bond or shall permit a copy to be made. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or ment for use in the performance ofthe Contract. intent of the Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, mater- ials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature pag#:, including all Contract Documents and changes thfreto. 15.3 Owner Default: FailuTe of the OwneT, which has neither been remedied nor waived, to pay the Cont- ractor as required by the Construction Contract or to peTform and complete or comply with the otheT terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) VILA AND SON LANDSCAPING CORP. GENERAL ACCIDENT INS. CO. SURETY Company: (Corporate Seal) Signature: Name and Title: Address: 20451 SW 216 STREET MIAMI, FL 33170 Signature: Name and Title: THOMAS L WEBB, Attorney-in-Fact Address: 436 WALNUT STREET PHILADELPHIA, PA 19106 AlA A312-1984 6 DOCUMENT AJI2 PER~'ORMANCE nOND AND PAYMENT nOND DEcD18ER 1984 ED. A1AO THE AMERICAN INSTITUTE OF ARCIllTECTS, 17J5 NEW YORK AVE., :O;.W., WASHINGTON, D.C. 20006 TIllRD PRINTING - MARCH 1987 ~ Power ot . .. . Attorney" GA0212665 . :......::...... .... ,,' "....-... ..," .....::.... ...:' :....:",.. . ... .., . ..... ,.. GeneralAccidellt . ... ., ,. . ... .... . d... 436 Wal~utStreet, Phill!d~lphia, PA 19106 KNOW ALL MEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a Pennsylvania corporation having its principal office in Philadelphia, Pennsylvania does hereby make, constitute and appoint: Arturo F. Hoyo, Thomas L. Webb, Ralph M. Callander, all of the City of Miami Springs, State ofFlorida~~-------~~----~------~-~-~-~-~---~~~+~~---~-~~--~~~~:~ ~-~~~~C~~-~ each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make,ei(ec(Jle, sElal and deliver as sUtetyforandol.1itsbehalf,and as its act and deed any and all bonds and undertakings of suretyship, and to bind the GENERAL ~CCIDENT INSURANCE CqMPANYOFAMERICA hereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory inthe nature thereof were signed byah Executive Officer of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA and sealed and attested by one6theLof such officers, and hereb{ratifies arid confirms .all that its said Attorney(s)-in-Fact may do in pursuance hereof; provided that nO bond or undertaking of suretyship ex~cuted under\.his authority s.hal.lexGeed in the amount the sum of: FIFTEEN MILLION DOLLARS-----------------~~- --;,.;,,----------";;,;,,-~------""--------....,.""""-""--"""-------------- ___~_______________________________~_____________________________~~__~____________~_~_________________________ (15,000,000.00) This power of attorney is grantecjunder ancjbYiauthority Of Subsection 5.1 (b) of Article V of the by-laws of GENERAL ACCIDENT INSURANCE COMPANY OF AMER1CA;iJhichbecamed!3ffedive February 2.0, 1992 and Which provisions are in full force jlnd effect, reading as follows: This power of attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, at a meeting held on the 20th day of February, 1992, at which a quorum was present, and said resolution has not been amended or repealed: "Resolved. that in granting powers of attorney pursuant to subsection 5.1 (b) of the by-laws of the Company the signature of such directors and officers and the seal of the Company may be affixed to any such power of attomey or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such faCSimile signatures or 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'" IN WITNESS WHEREOF, GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA has caused these presents to be signed by Dennis S. Perler, its Vice President, and its corporate seal to be hereto affixed, this 12th day of April ~::~OOW"lthof P,"MY'''';' GENERAL ACCIDEN&:::NY OF A't7Ao II- 1 Philadelphia County Dennis S. perl~ On this 12th day of April ,19.j!L, personally appeared Dennis S. Perler to me known to be the Vice President of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto and that the seal affixed to said instrument is the corporate seal of said Company, that said corporate seal and his signature were duly affixed pursuant to the by-laws and e resolution of the board of directors of said Company. ,.,....." ""'Q~ MIL "'" /' ~toNw/f"Y"'''' :- .. .;:-.... '"'1(.... : "0 .,A\ :. : :U OF ~: : .. * I .:*_ ~ : ~ : : ~....~ ~-.:...: .... ~"~;y\.."...,~ l '., O~.........'o.v .' . ..... ..... "".~RY p\l~,." ..... ...H.d .. I, James E: Carr'c5n: Assistant SecretaryoHhe GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, do hereby certify that the above and foregoing is a true and correct copyofa power of attorney executed by GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, which is still in full force and effect, and that Article V,Subsection 5.1 (b) of the by-laws of thec;ompany and the resolution set forth above are still in full force and effect. ~..~ Notary Public i~and for the Commonwealthof Pennsylvania IN WITNESS WHEREOF;J have hereuntoiset my hand and affixed the seal of said Company this October , 1999. 5th day of ~e2 - This Pc.Wcl of Attorney may f10t be used to execute any bond with an inception date after April 12, 2003 SB-OG;J7 39::: This document is printed on a red background "r verifiGit,on of the authLnticity oi this Power at Attorney you may call. 1-300-288-2360 and a;k tor the Power at Attornev super..,,()r. P!ea5e reier to the Power oi \ttorney nurC\ber. the dbove named individual(s) and details at the bond to which the power IS attached. In Pennsylvania. Dial 21'i-625-3081. S13-0027 392 ACORD.. (3EIR41t=1(3,t.X""EOt=l...1J.X8Itl4"'t'ltN~l.J~AtNc;E~~M51 DATE (MM/DDIYY) 10/05/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Coastal Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 Westward Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Springs FL 33166-1660 COMPANIES AFFORDING COVERAGE UNIFIRST COMPANY A Maryland Casualty Co. Phone No. 305-887-5999 Fax No. INSURED COMPANY B TIG INSURANCE COMPANY COMPANY Vila And Son Landscaping Corp C ZENITH INSURANCE COMPANY 20451 S.W. 216th street COMPANY Miami FL 33170 D ...... < ...... > THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDIYY) DATE (MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 e~ A f~ COMMERCIAL GENERAL LIABILITY CON32747504 03/09/99 03/09/00 PRODUCTS - COMP/OP AGG $ 2,000,000 -- _J CLAIMS MADE ~ OCCUR AGGREGATE LIMIT -PER PERSONAL & ADV INJURY $ 1,000,000 ----- OWNER'S & CONTRACTOR'S PROT PROJECT BASIS. EACH OCCURRENCE $ 1,000,000 ~ ~ BROAD FORM (X) XCU FIRE DAMAGE (Anyone fire) $ 50,000 CONTRACTUAL MED EXP (Anyone person) $ 5,000 AUTOMOBILE liABiliTY 1,000,000 - COMBINED SINGLE liMIT $ A ~ ANY AUTO CON28991145 03/09/99 03/09/00 ~ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) ~ COMP 500.00 DED PROPERTY DAMAGE $ X COLL 500.00 DED GARAGE liABiliTY AUTO ONLY - EA ACCIDENT $ f----- ..' < ANY AUTO OTHER THAN AUTO ONLY: ..... ........, e-- EACH ACCIDENT $ f----- AGGREGATE $ EXCESS liABILITY EACH OCCURRENCE $ 10,000,000 B M UMBRELLA FORM XLL38017572 03/09/99 03/09/00 AGGREGATE $ 10,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X I 'fo'k~l~~Ws I IOTH- ......~> ........ ER ......... EMPLOYERS' liABiliTY 500,000 EL EACH ACCIDENT $ C THE PROPRIETOR/ MINCL 62026-WC 04/01/99 04/01/00 EL DISEASE - POliCY liMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS The Cit~ of Miami Beach is listed as additional insured in respects to the Liabili 1. BID NO: 02-98/99 Date 9/11/99 CERTIF1CATE.'HOLDER ........ ..... A T'i'"'I '" < 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Miami Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBliGATION OR liABiliTY 1700 Convention Center Drive Miami Beach, FL 33139 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD.25-S..(1195) ........... > ". ACORD CORPORATION 1988 $V-