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HomeMy WebLinkAboutAya Solutions w~r~ ECEIVED OCT 2: 8 2010 ).0' \ elly of Sunny Isle. 886dl Office 01 !h(I CI Clerk CERTIFIED GENERAL CONTRACTOR - CGC # 1512270 CERTIFIED ROOFING CONTRACTOR -ecc # 1328084 PROPOSAL No 10-09-01 PROPOSER: A Y A SOLUTIONS INC SUBJECT: DESIGN AND CONSTRUCTION OF FABRIC CANOPY STRUCTURE AT GOVERNMENT CENTER TO: CITY OF SUNNY ISLES BEACH MIAMI-DADE COUNTY, FLORIDA 10/28/10 ~J.i NA="^L IIIII~ Aya Solutions Ine. 3001 W. Hallandale Beacn Blvd. Suite 310 Pembroke Park. F133009 PH 305 7926720 FAX 3057922267 www.ayasolutionsinc.com W~y~ eERTIFlED GENERAL CONTRACTOR - CGC # 1512270 eERTIFIED ROOFING CONTRAeTOR -eee # 1328084 TABLE OF CONTENTS 1. Company information.....................................................................................................................................3 2. Work Experience - Proposal Materials & Design ....................................................................................4 3. Proposal Cost..................................... ....... ........... ............. .......... ............................... .......................................6 4. Schedule and work plan ................................................................................................................................. 7 5. Occupational and Business tax......................................................................................................................8 6. Contact information & qualifications........................................................................................................... 9 7. Company Licenses.................. .............................. .................................................................... .....................10 8. Section 287.133(3)(A) .....................................................................................................................................11 9. Non-collusive and Public Entity Crime Affidavits (A) (B) .....................................................................12 gNA="^L 11111 ~ Aya Solutions Inc. 3001 W. Hallandale Beach Blvd. Suite 310 Pembroke Park. Fl33009 PH 305 7926720 FAX 3057922267 www.ayasolutionsinc.com W~~~ eERTIFIED GENERAL eONTRACTOR - eGC # 1512270 eERTIFIED ROOFING CONTRAeTOR -ecc # 1328084 1. Company information Name: Aya Solutions, Inc Address: 3001 W Hallandale Beach Blvd Suite 300 Pembroke Park, FL 33009 Phone Numbers: (305) 7792-6720, (786) 624-1556 Fax: Numbers: (305) 792-2267 Aya Solutions Inc is an expanding construction company, established in South America in 2003 & located in South Florida in 2005 the corporative office is located in 3001 W Hallandale Beach Blvd suite 300 Pembroke ~ark, FI 33009. We are a green building and roofing company dedicated to provide solutions that allow our customers to save energy and save money. Aya Solutions Inc is a full service construction company that offers a wide range of services including General Contracting, Roofing Contracting, construction management, consulting and remodeling for commercial and residential projects, going from the early stages to the completion of each job. We provide outstanding and quality service to our customers in every project, working closely with them in order to achieve their complete satisfaction, in the past we have built several projects as the one work of the present bid, always using the same team of experienced professional. As member of the Associated General Contractors of America (AGCA), National Roofing Contractors Association (NRCA), Better Business Bureau(BBB), Cool Roof Rating Council(CRRC) and u.s. Green Building Council(USGBC), Aya Solutions Inc is updated on the new technologies, codes, news and any other events affecting construction industry, giving confidence and reliability to our clients in any field. Delivering projects on time and on budget while keeping costs and administrative burdens to a minimum has been a primary objective of our company since it began. The company is currently in a normal financial position with a revenue year to date of $ 870,836.08 and work on hands for more than $350.000 including projects with FPL (FPL Building Envelope), City of Hialeah (Re- Roofing at Affordable Housing at 1675 W 56 St) The revenue for the year 2008 was $4,495,001.41 and 2009 was $ 1,547,382.08. All financial statements and other information are available upon request. The owners (persons with financial interest) on Aya Solutions are Carlos Aya, President 251174 ST APT1705 Sunny Isles, FI33160 and Julian Olarte, Vice-president 18151 NE 31 Ct Apt1901 Aventura, F133160. WQfi NA="^L 11111 F Aya Solutions Ine. 3001 W. Hallandale Beach Blvd. Suite 310 Pembroke Park. FI 33009 PH 305 7926720 FAX 305 792 2267 www.ayasolutionsinc.com W~h~ eERTIFIED GENERAL eONTRACTOR - eGC # 1512270 CERTIFIED ROOFING eONTRACTOR -cec # 1328084 2. Work Experience JANE A. HINES, CMC CITY CLERK - SUNNY ISLES BEACH GOVERNMENT CENTER 18070 COLLINS AVENUE SUNNY ISLES BEACH, FL 33160 We are pleased to provide you with our proposal for the design, engineering, fabrication and installation of a canopy structure to be located at the City of Sunny Isles Beach Government Center. We propose to install a Tensile Membrane Structure. This solution would enhance the front of the building and match the architectural shape of the fa~ade. The area to cover is 800 square feet approximately and our designs have not columns or footings. We attach a schematic of the membrane. THE MA TERIALS The fabric will be " Precontraint 702" of Ferrari white color. This is a fire resist fabric with 5 years guarantee. Attach the technical information of this product. This is the best water proof material for this purpose. The frame will be cables, hardware and steel pipes galvanized, full welded, with base and paint finish. The engineering will meet the latest edition of FBC for 75 MPH winds. Fabric must be removed when winds get above 75MPH. Our engineers are in business for this specific job for more of 25 years. Some jobs for the past 5 years in successfully designing and constructing similar or major are: . Big Fish restaurant - Miami FL. Area: 3500 SQF. Pino Bottiglieri. Tel 305 7767636. Attach photography. (This job is an Award of Excellence 2006 from Industrial Fabric Association International-IFAI) . Hotel Hilton Bentley-South Beach FL. Area 6000 SQF. Cecilia Ocampo Tel. 305 523 3344 . Palmetto Business Center - Miami FL. Area 3800 SQF. Teo Rosell Tel 305 5921210 . Loft of Brickell- Miami FL. Area 1500 SQF. Alfredo Acosta Tel 305 4674087 . Queen's Flowers - Miami FL. Area 3500 SQF. Felipe Sanchez Tel. 305 5912113 . Benigans Restaurant - Panama RP. Area. 3000 SQF. Fernando Nino Tel 1-507 64568566 . LA 14 Malls - Bogota-Colombia. Area 60,000 SQF under Construction. IQR NA="^L IIUI~ Aya Solutions Ine. 3001 W. Hallandale Beach Blvd, Suite 310 Pembroke Park. FI 33009 PH 305 7926720 FAX 305 792 2267 www.ayasolutionsinc.com W~y~ eERTIFIED GENERAL CONTRACTOR - eGe # 1512270 eERTIFIED ROOFING CONTRAeTOR -eee # 1328084 We have studied in detail the bid terms as well as the particular conditions ofthe work, we studied in field and consulted the professional from the city of Sunny Isles Beach related to the Project, we have designed a canopy that complies in full with the bid documents, and with the F.B.C. (Florida Building Code) Attached we send a C.D. containing the animation and specifications for the proposed design, if the is any question or additional information required regarding the present proposal please do not hesitate in contacting us. Truly yours, CarlosAya President Aya Solutions, Inc. PRIMARY INDIVIDUALS RESPONSIBLE FOR THIS JOB CARLOS AYA, President -a B.s. in Civil Engineering at the Pontificia Universidad Javeriana, Bogota D.C, Colombia in 2001. Ultimate responsibility for all strategic and daily operational decisions for Aya Solutions' diversified construction firm. Our markets include General Building Construction and Roofing Construction. DIANA DORESTE, Associate of Arts in Business Administration candidate, is the project office manager and will be responsible for all the purchases, calls, messages, time sheets, invoices and files. CAMILO NINO CGC, CCC- Project Manager - Civil Engineer with 30 years of experience in design, fabrication and installation of canopies & tensile structure membranes. At present Mr. Nino is the president of the company Architecture & Awnings Corp. ILEANA RODRIGUEZ - Structural Engineer with 20 years of experience in structural design of tensile structure membranes. At present Mrs. Rodriguez is the president of the company McRod Corp. JOSE A. MARTINEZ, PE - Structural Engineer. At present Mr. Martinez is the president of the company Jose Martinez Civil & Structural Engineers Inc. lfiff~ Aya Solutions Ine. 3001 W. Hallandale Beach Blvd. Suite 310 Pembroke Park. Fl33009 PH 305 7926720 FAX 305 792 2267 www.ayasolutionsinc.com " - ... WORKS BV AVA SOLUTIONS INC. Certified General Contractor CGC 1512270 "I I ~ ----...r...-'" ................ _ .. "I :j " ..., I Technical data are average values fA 5 year guarantee On the strength of its advanced technology and innovation, Ferrari is the only weaver and coater to offer a 5 year guarantee over the past 10 years. I \ I \ PRECDNTRAINT" 602.702 PRECONTRAINT ;:#~ z .. c . .. z c .. " ;;; FERRARI rThe Precontraint@ M2 detergent Ferrari recommends the use of the Precontraint" M2 detergent for all cleaning purposes. The solution is both effective and non aggressive as well as fungicide and up to 90 % biodegradable, for optimum cleaning of the Precontraint" textiles with no risk of deterioration. Available in two packaging types (20 or 220 kg). the Ferrari detergent is recommended as part of Ferrari guarantees. FERRARI # FERRARI SA BP 54 F 38352 LA TOUR DU PIN cedex FRANCE Tel. + 33 474 97 66 49 Fax + 33 474 83 59 71 www.ferrari-textiles.com 'l ~ .s ~ ~ .z '" o ~ N ~ ~ is <t '" S! .. '" ~ of o ~ f) ... -..... - - - l~ [1 l' J J ........ a.> ..... u2 ..- Z u.... 0 -2a.>..co, C/) C/)..... c U 0 Z a.> CO I o ~u ~ ~ I-OC(/)O =>ffia.>a.>Z ou~~co C/) U .... >- (/) 'C a.> c 0 ~..c>ocg- .....-:CO :J.... <(u.(9C/)Q.. AERIAL VIEW FRONT VIEW ~ LATERAL VIEW , I AYA SOLUTIONS INC. Fabric Canopy Structure Government Center Sunny Isles Beach Proposal No 10-09-01 I I ! \ l -, "_ I \~ 1IIIIIIIIIIIIIfl '. ..~, 1 Carlos Aya 251 174 Street Apt 1705 Sunny Isles, FI 33160 Ph: 305-792-6720 cava@lavasolutionsinc.com Emolovment Historv 2005 to Present President (Certified General Contractor) Ava Solutions Inc. South Florida, USA Contract, Manage residential and commercial projects in south Florida area. Roof coating projects(FPL Independent Contractors) Restoration, repairs and new construction, residential and commercial. 2003 to 2005 Project Manager, Engineering Consultant Urbanismo v Vias Publicas (UVP LTDA) Bogota, Colombia Planned Oversaw and directed site work of residential and commercial structures in compliance with Colombia construction codes; performed cost analyses of construction projects; acted as liaison to builders and contractors. 2002 to 2003 Project Manager H. V.C Constructors-Consultants -InsDectors Bogota, Colombia Elaboration of proposal for public solicitations; administrative handing of work in contracts of routes construction; and handling of the Norm of Quality ISO 9000:2000, internal auditor of quality with participation in certification processes. 2000 to 2002 Consultant Engineer Colombia Ministrv of TransDort Bogota, Colombia Member of the equipment of management of the project construction of the Tunnel of "Ia linea" ; participant of the design and process of Contractors selection according to the Colombia Government codes; elaboration of the terms of reference for the hiring of the Supervising Contractor of the project. Education B.S. Civil Engineering May 2001 Pontificia Universidad Javeriana Bogota D.C COLOMBIA Certifications Certified Florida General Contractor (CGC 1512270) State of Florida Department of Business and Professional Regulation. Management of quality in works and projects norm ISO 9000:2000. Internal quality Inspectors. Universidad Industrial de Santander UIS Colombia(April-August 2003)120 Hours ISO 9000 Quality auditor A.R.B.D Centre Colombia (Jan 2003) 60 hours. CAMILO NINO Education: 1968 - Bachelor of Science in Civil Engineering - Universidad Javeriana - Bogota 1973 - Magister in Business Administration - Universidad del Valle - Cali 1981 - Highway Construction. Tokyo International Center - Tokio Professional experience 1970-1999 Engineer & Project Manager in Steel Frames Structures for Coin Toldos Inc. Cali - Colombia. 2000 to Present - President of Architecture & Awnings Corp. Design, fabrication & Installation of 200.000 Square Feet of canopies, tensile membrane structures, textile architecture for coliseums, acoustic stages, auditoriums, stadiums, shopping centers, hotels, warehouses. Licenses: State Certified General Contractor & Roofing Contractor. Specials Recognitions: Award of Excellence for job for Big Fish Restaurant - Miami. Recognized with the 2006 International Achievement Award, presented by the Industrial Fabrics Association International for its exceptional design & construction of a tensile membrane structure. w~r~ eERTIFIED GENERAL eONTRACTOR - eGC # 1512270 CERTIFIED ROOFING CONTRAeTOR -eee # 1328084 3. Proposal Cost AYA SOLUTIONS INC. PROPOSALS No 10-09-01 DESIGN AND CONSTRUCTION OF FABRIC CANOPY STRUCTURE AT GOVERNMENT CENTER CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA DETAILED COST PROPOSAL 1 Plans, designed & engineering $ 4,900.00 2 Materials $ 14,500.00 3 Frame fabrication $ 5,320.00 4 Frame Installation $ 7,800.00 5 Fabric fabrication $ 3,600.00 6 Membrane installation $ 3,800.00 7 Special accessories $ 3,250.00 8 Equipment & tools $ 4,560.00 9 Finish, clean & painting $ 550.00 Total Proposal $ 48,280.00 This price includes remove the palms and electrical if necessary. Also includes replace pavers or concrete that have been damaged during the work ifiii~ a:NTRICTffi5 ~ MEMBER Aya Solutions Inc. 3001 W. Hallandale Beach Blvd. Suite 310 Pembroke Park. Fl33009 PH 305 7926720 FAX 305 792 2267 www.ayasolutionsinc.com W~~~ CERTIFIED GENERAL CONTRACTOR - eGc # 1512270 CERTIFIED ROOFING eONTRAeTOR -ecc # 1328084 4. Schedule and work plan AYA SOLUTIONS INC. PROPOSALS No 10-09-01 DESIGN AND CONSTRUCTION OF FABRIC CANOPY STRUCTURE AT GOVERNMENT CENTER CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA GENERAL SCHEDULE WEEKS 1 2 3 4 5 6 7 8 9 1 Architectural plans 2 Structural designsl engineering. 3 City permitting 4 Purchase materials 5 Steel frame fabrication 6 Steel frame installation 7 Membrane fabrication 8 Membrane stretch 9 Clean & walls repair 10 Final Inspection 1Qt1 NA="^L IIUI ~ Aya Solutions Inc. 3001 W. Hallandale Beach Blvd, Suite 310 Pembroke Park. 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He is responsible for: overall satisfactory completion of the project, development of the work plans, communicating with Broward College, local, state, and federal authorities on matters relating to the project. DIANA DORESTE, Associate of Arts in Business Administration candidate, is the project office manager and will be responsible for all the purchases, calls, messages, time sheets, invoices and files. XIOMARA GONZALEZ, Bachelors in Human Resource Management candidate, is the project HR and will be responsible with issues related to people such as compensation, performance management, organization development, wellness, benefits, employee motivation, communication, and administration. CAMILO NINO CGC, CCC- Project Manager - Civil Engineer with 30 years of experience in design, fabrication and installation of canopies & tensile structure membranes. At present Mr. Nino is the president of the company Architecture & Awnings Corp. ILEANA RODRIGUEZ - Structural Engineer with 20 years of experience in structural design of tensile structure membranes. At present Mrs. Rodriguez is the president of the company McRod Corp. JOSE A. MARTINEZ, PE - Structural Engineer. At present Mr. Martinez is the president of the company Jose Martinez Civil & Structural Engineers Inc. OFFICE NUMBERS: Ph :( 305) 792-6720/ (786) 624-1556 Fax: (305) 792-2267 cava@avasolutionsinc.com / ddoreste@avasolutionsinc.com 1fiB~ Aya Solutions Ine. 3001 W. Hallandale Beach Blvd, Suite 310 Pembroke Park. Fl33009 PH 305 7926720 FAX 3057922267 www.ayasolutionsinc.com W~y~ CERTIFIED GENERAL eONTRACTOR - eGC # 1512270 CERTIFIED ROOFING eONTRACTOR -cee # 1328084 7. Company Licenses 1fifi~ Aya Solutions Ine. 3001 W. Hallandale Beach Blvd, Suite 310 Pembroke Park. FI33009 PH 305 7926720 FAX 305 792 2267 www.ayasolutionsinc.com ~~~ ~ ~ 5T A TE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 AYA, CARLOS AYA SOLUTIONS INC 3001 W HALLANDALE BEACH BLVD SUITE 310 PEMBROKE PARK FL 33009 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE S1 A 1E OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 OLARTE, JULIAN ELIECER AYA SOLUTIONS INC 3001 W HALLANDALE BEACH BLVD SUITE 310 PEMBROKE PARK FL 33009 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridallcense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE ~ OP ID: CC ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 10/25/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementlsl. PRODUCER 305-666-6636 CONTACT NAME: Wilson,Washbum & Forster Ins. 305-662-7778 rt,gN9o Ext\: I FAX jivc Nol: Email: info@wwfins.com E-MAIL 10301 So. Dixie Hwy. Ste. 300 ADDRESS: Pinecrest, FL 33156-3151 ~~~~~~~= ID #: A Y ASO-1 "'---I. I .~. INSURERIS) AFFORDING COVERAGE NAIC# INSURED Aya Solutions, Inc. INSURER A: Bridaefield Emplovers Ins. Co. Carlos Aya INSURER B: Crum and Forster Specialtv Ins 3001 W Hallandale Bch Blvd 310 INSURER C : Pembroke Park, FL 33009 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL :SUBt( 1~3l5%~\ 1~3}6y,~\ LIMITS LTR POLICY NUMBER GENERAL UABILlTY EACH OCCURRENCE $ 1,000,000 - B X COMMERCIAL GENERAL LIABILITY X GL0191089 03/30/10 03/30/11 ~REGIS~s lEa occurrence\ $ 50,000 I CLAIMS-MADE 00 OCCUR MED EXP (Anyone person) $ Excluded ~ 10,000 Deductible PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 n'L AGGREnE LIMIT APFlS PER: PRODUCTS - COM PlOP AGG $ 2,000,000 POLICY ~~RT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ f--- lEa accident) - ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ - - NON-OWNED AUTOS $ $ UMBRELLA L1AB H OCCUR EACH OCCURRENCE $ - EXCESS L1AB CLAIMS-MADE AGGREGATE $ - DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION I T~~~Tf:T,\;1~ I IOl~- AND EMPLOYERS' LIABILITY A Y/N 0830-41440-0 03/28/10 03/28/11 1,000,000 ANY PROPRIETORIPARTNERIEXECUTlVE D E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ g~s~~rm8~ (;'~gPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarb Schedule, If more space Is required) Certificate holder is listed as additional insured with res pets to General Liability . CERTIFICATE HOLDER CANCELLATION CITYSI1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Sunny Isles Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 18070 Collins Ave Sunny Isles Beach, FL 33160 AUTliORIZED REPRESENTATIVE Sarah J. Washburn I ACORD 25 (2009/09) @ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD w~r~ eERTIFIED GENERAL CONTRACTOR - eGC # 1512270 eERTIFIED ROOFING CONTRACTOR -eee # 1328084 8. Section 287.133(3)(A) m&1JNA="^L lull~ Aya Solutions Ine. 3001 W. Hallandale Beach Blvd, Suite 310 Pembroke Park. Fl33009 PH 3057926720 FAX 3057922267 www.ayasolutionsinc.com SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1) This sworn statement is submitted to CITY OF SUNNY ISLES BEACH by A Y A SOLUTIONS, INC for DESIGN AND CONSTRUCTION OF FABRIC CANOPY STRUCTURE AT GOVERNMENT CENTER whose business address is 3001 W HALLANDALE BEACH BLVD SUITE 300 PEMBROKE PARK, FL 33009 And(if applicable)its Federal Employer Identification Number (FEIN) 20-3767148 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2) I understand that a " public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a violation of any state of federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contact for goods or services to be provides to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3) I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 4) I understand that an "affiliate" as defined in Paragraph 287. 133(1)(a),Florida Statutes, Means: a) A predecessor or successor of a person convicted of a public entity crime; or b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity come. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which one (1) of the following three (3) statements is applicable.) _ (1) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. _(2) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. _(3) The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~ SIGN TURE OF AFFIANT CO-I 'OS ~'1'^ (Printed or Typed Legal Name of Affiant) 4., STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foreg . g Form wHs acknowledged before me this z.6 day of c:c + , 2010, by . t\ 5 R 0\ ,as 'Y(e':\\a~-\- of Y\ ' , a Florida corporation. on behalf of said corporation and limited partnership. lie/She personally appear~ before me and is personally known to me. :w:-;.~V~~~<i<-.. DIANA P DORESTE r~ .:;~ MY COMMISSION # 00780776 .....9r~'i.,." EXPIRES April 21, 2012 (407) 398-0153 Florid!!:!~!8ryServ~ce.com ~~~~ Notary Public, State of Florida My Commission Expires:J\~<<\ ''2.\.' CO, '"2... { NOTARY SEAL} 1A W~~~ CERTIFIED GENERAL eONTRACTOR - CGC # 1512270 eERTIFIED ROOFING eONTRAeTOR -eee # 1328084 9. Non-collusive and Public Entity Crime Affidavits (A) (B) lfiff Aya Solutions fne. 3001 W. Hallandale Beach Blvd, Suite 310 Pembroke Park. FI 33009 PH 305 7926720 FAX 3057922267 www.ayasolutionsinc.com NON~COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE The undersigned being fIrst duly sworn as provided by law, deposes, and says: 1.1. This AffIdavit is made with the knowledge and intent that. it is to be fIled with the City of Sunny Isles Beach.CityCoffimission8Ild that)twillberelied upon by said City, in any consideration which may give to and any action it may t8ke with respect to this proposal. 1.2. The undersigned is authorized 10 make this Affidavit on behalf of, AYf:\ ~OLUTI ON~, \ ~c... ... ... (Nam.e of Corporation, Partnership, Individual, etc.), a corporation duly' organized alngexisting under the laws of the State of FLOR'DJ\ of which he is Yr-€.5\de n::t (Sole Owner, Partner, President, etc.) 1.3. Neither the. undersjgn. ed. nOr:any. p~~s()n, flfIll, or corpora~ion named in above Paragraph 1.2, nor.,anyoneeIse; .to thek110wledge of the uIldersigried, have themselves solicited or .employedanyoIleelset9~()licitfa~oiableacti6n for.this proposal by the City, also that no head of anydepartirientor:~piploy#therein,oraIlY officer of the City of Sunny Isles Beach, Florida is directly iriterestedtherein. . . 1.4. This pcopasaJisgenuine andnotco}lusive ora sham; the person, fIrm or corporation named above in Paragraph 1.2 has notcolitided.,consp~ed, connived or agreed directly or indirectly with any Proposer orpeison, fi~orcc,rporation, to put in a sham pr()posal, or that such person, fIrm or aJrporation, shal!:refrainfrom'PropOsing,andhas not iri any manner, directly or indirectly,. sought by agreement orco.lhisio"ri, .or comrilUnication or conference with any person, flim ()rcorporatit.):tl:,to fi~tll~pri~~s of saiciproposal or proposals of any other Proposer; and all s.tatemen~s contailledw the proposal. or proposals deScribed above are true; and further; neither the llnd~rsig.rie~,noithep~r~on"fll-n.ioI C()tporation named above in Paragraph 1.2, has directly or. indiJ:ec;~Y. subllljtted,said.prgposal or the contents. thereof, or divulged im nnation or datarelativetl1er~to;tocl11Y.aSsoclatign or to any member or agent thereof. . . .. . .. ... ... . . . AFFI T'S NAME ~{Q~~de^+ AFFIANT'S TITLE The fore ing Affidavit as acknowledged before me this C-b day of OCt- 1 2010, by -l ~ s' , as ~(es\c)eC\-\- of ,. os \ , a Florida corporation, 0 behalf of said corporation and limited partnership. He/She personally appeared before me and is personally known to me. ~'m~~V'~~~. . DlANA.P DORESTE r~ )~ MY COMMISSION # 00780776 --_, 0.' ,..' EXPIRES .April 21, 2012 "'11,1' (407) 3~6-o15~~~~~O!aryService.com ~\~e~ Print Name~'\C\Y\~ ~ ~(?S.-\.(-" Notary Public, State 0 Flo~a My Commission Expires: Y'i \ '2.\, '20\2 { NOTaRIAL SEAL} ~ CITY OF SUNNY ISLES BEACH AGREEMENT~TH FOR THE DESIGN AND CONSTRUCTION OF FABRIC CANOPY STRUCTURE AT . GOVERNMENT CENTER CONTRACT NO. THIS AGREEMENT, entered into this day of 2010, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and A'/f\ ~o..uTIOWS, tile. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number is 20- 31(0, I L.I &' . RECITALS WHEREAS, the City is in need of a contractor for the design and construction of fabric canopy structure at Government Center ("Services"), as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed NOW. THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties. agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall commence from the execution date of this Agreement and the Services shall be completed no later than 60 (sixty) days thereafter. . 4. LIOUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not completed within 60 (Sixty) days from the execution date of this Agreement, and in the absence of any extended calendar days granted by City, then the Contractor shall be required to pay a liquidated damage penalty of $300.00 (Three Hundred Dollars) for each calendar day beyond the 60 (Sixty) days period, continuing to the time at which the Services are complete. Such .amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, me City shall also be entitled to 1"7 withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 5. COMPENSA TION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 6. INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and.must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City Manager or his designee. 8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. lQ 9. DUTY TO DEFEND. INDEMNIFY AND HOLD HARMLESS. Contractor agrees to defend, indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services under this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 10. TERMINATION. A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements. or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice to Contractor which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs AO) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be ?n done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be commenced upon execution of this contract and shall be completed within 60 (Sixty) days after the execution date of this agreement. A reasonable extension of time shall be granted in the event the work of the Contractor is delayed or prevented by the City or by circumstances beyond the reasonable control of the Contractor including weather conditions of acts of God which render the performance of the Contractor's duty impracticable. 13. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 14. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the partics and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fecs incurred by the parties shall bc paid by the non- prevailing party or, if neithcr party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorncys' fees as may be determined by the court on confirmation. 15. CONFIDENTIAL INFORMATION. Thc Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoevcr, disclose to any person or cntity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement by eithcr party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed ovcrnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Rick Cormer With a copy to: City Manager Hans Ottinot City of Surmy Isles Beach City Attomey 18070 Collins A venue City of Surmy Isles Beach Fourth Floor 18070 Collins A venue Surmy Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Surmy Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: 17. GOVERNING LAW. This Agreement shall be governed by and construed 10 accordance with the laws of the State of Florida. 18. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executivc Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, agc, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but arc not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Intercst Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Surmy Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in cormection with the Agreement conditions hereunder. ........ The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 21. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 22. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. (lfJ BY: Print Name WITNESSES: Print Name CITY O.F SUNNY ISLES BEACH BY: Norman S. Edelcup, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Jane A. Hines, CMC, City Clerk By Hans Ottinot, City Attorney ?"