Loading...
HomeMy WebLinkAboutPios & Sons () :) ... I~) () {l (l () ') () () <l a :l <I) 't ~ ~ ... ~ ~ ~ ) ") ) l ) ) ) l l >> 1 ) ~) ) ) ) ) '"' . ""\ . , . . " PSE uPIOS & SONS -. Sunny Isles, Florida J EST 1989 (305) 919-9662 ECE\\lEO o jUl '3 ,009 ~_ .. Bead' Cl\Y 01 sUfllTf CI Cl8f~ OffiC8 01 ltl8 REQUEST FOR PROPOSALS RFP NO. 09-06-0 I REMOVAL, FABRICATION AND INSTALLATION OF STREET SIGNAGE CITY OF SUNNY ISLES BEACH, FLORIDA Pios and Sons Enterprises, Inc. 320 Atlantic A venue Sunny Isles Beach, Florida 33160 (305) 919 9662 ~ 't .. l 1 l <ll ') 1 ") ") ". ') ~ "t . ~ .. Table of Contents 1. Business overview 2. Experience 3. Cost proposal 4. Task oriented timeline ~l ~) (l ~ 'l ~ ") "l ~l ~) 1 ) ) l ) ) ") ~) ~l ) :. .l " .... '" .., 5. Proof of authorization to transact business 6. Resumes 7. Proposed personnel 8. Sworn statement on Public Entity Crime. 9. Non-collusive and Public Entity Crime Affidavits. 10. Appendix A: Copy of Addendums issued by the City of Sunny Isles Beach ~.... ... - ... - () () ~ . ... \l () (l ~ ~l . . ~ 3 , 3 . . :l . . f) ~ ~ ,. ~l l ~ ) ') ) t . . :a ) . . . City of Sunny Isles Beach, Florida: RFP NO. 09-06-01 On behalf of Pi os and Sons Enterprises, Inc., I am pleased to submit this Letter of Intent to the City of Sunny Isles Beach, Florida in response to the REQUEST FOR PROPOSALS FOR THE REMOVAL, FABRICATION AND INSTALLATION OF STREET SIGNAGE, RFP NO. 09-06-01, for the fabrication and installation of signs in accordance with the plans and specifications furnished by the City in the above captioned Request for Proposal. Pi os & Sons Enterprises, Inc. is a minority-owned Florida Corporation established in 1989. We provide General Engineering Contracting Services to public entities, institutions, and private sector clients. We have over 12 years of current continual successful experience as a sign installation and maintenance contractor in Dade, Broward, Monroe, and Palm Beach Counties. We have also over 10 years of continual and successful experience providing Maintenance of Traffic Services for the Florida Department of Transportation District 4 in Broward, Martin, and St. Lucie Counties. Pios & Sons Enterprises, Inc. has successfully completed municipal contracts in excess of $20 million. We not only specialize in sign installation and maintenance, but also in infrastructure construction, underground utilities, and concrete. We currently hold a license as a general engineering contractor and employ three Worksite Traffic Supervisors. We currently have several contracts with the Florida Department of Transportation for the maintenance and installation of highway signs and Maintenance of Traffic Services. We are also in the final year of a 5 year city wide decorative street sign replacement program with the Town of Miami Lakes. Currently we are the contractors for the City of West Palm Beach for traffic sign replacement in the event of a natural disaster. We have also provided sign installation services for several contractors working "' . '" .. "'"' .. 1 .., Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET . () . () () . o . . . . . ct <l . (t . . 3 . () . () ... ') .} () () ') "l ... ~ :t . ~ . ~ . . . . ) ) " directly with Miami-Dade County and the Florida Department of Transportation. We are also proud to state that Pios and Sons was the contractor that successfully replaced over 2000 bus stop signs for Broward County Transit. Pios & Sons Enterprises, Inc. with Mr. Hector M. Ortiz as president and sole person having financial interest in the firm had a June 2008 financial statement of revenue of $450,486.00 and a June 2009 statement of revenue of $1,263,444. Currently Pios and Sons is bonded by an A rated bonding company and qualify for single bonds of approximately $1 million and an aggregate program of approximately $3 million. We here by declare that we exceed the minimum insurance requirements and have the financial wherewithal to take on a job of this scope. We own and operate enough equipment and have the qualified personnel to execute the terms set forth in the Agreement of the contract. Pios & Sons Enterprises, Inc. is not only currently a registered contractor with the City of Sunny Isles Beach but is proud and honored to call The City of Sunny Isles Beach home to its corporate offices. All applicable documentation including proof of insurances, business tax receipts, and copies of licensure are on file with the City of Sunny Isles Beach Building Department and can be forwarded to the public works department upon request. Copies of requested documentation have been provided in this proposal package. This Letter of Intent binds Pios and Sons, Enterprises to the provisions set forth in the RFP NO. 09-06- 01, and shall remain in effect for a period of no less than 90 days. We also affirm that the prices contained in the submitted RFP Documents shall also remain in effect for 90 days of the day of submittal. This document also serves as acknowledgement to the 4 addendums, attached as appendix A, issued by the City of Sunny Isles Beach, for the above captioned project. ReS?1'jWv &wvI Hector M. Ortiz President The forgoing instrument was acknowledged before this 7 -10 - CJ c1 . Hector M. Ortiz as the President of Pios and Sons Enterprises, Inc, with license # E1684. known to me to be the person described herein, or who produced a State of Florida Driver. License as identification, and who did take an oath. Notary Public 7J2.,~ t h,/ Print Name ;V1/1IZ./A [olUl ~o~~~Y.;~8<,., MAHIA E. LORA My Commission Expires: '* ~.;'< " MY COt"lMISSION # DO 637800 <!' ;t:."t'< EYP!RES: ::ebruary 8,2011 ~ 'I! O;.fl Q~Z' Bonded Thru Budget Notary Services Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET ft CJ <t . . . I) ~ :t ') . :) ~ () 't ~ (t (t ~ ct .. ... ... ... ) >> . . . ... ) . ) 1 ) . ) >> >> >> >> t ) .., Bro~n ~ro\vn Brown & Brown 5900 N. Andrews Avenue, Suite 300 (Zip: 33309) P.O. Box 5727 Fort Lauderdale, FL 33310-5727 954n76-2222 . FAX 954n72-7542 Statewide 1-800/339-0259 ~. I Friday, April 10,2009 Hector Ortiz, Jr. Pios & Sons Enterprises, Inc. 320 Atlantic Avenue Sunny Isles, FL 33160 To Whom It May Concern: This letter is to advise you that Pios & Sons Enterprises, Inc. is bonded by Developers Surety Group, an A rated bonding company. Pios & Sons can qualify for single bonds of approximately $1 million and an aggregate program of approximately $3 million. Our agency has bonded Pios & Sons Enterprises, Inc. for several years and have found them to be an outstanding contractor, with a very good reputation in the contracting industry. jfPios & Sons Enterprises, Inc. has a low bid acceptable to all parties, if adequate financing is confirmed, and if all other normal underwriting requirements are met, we look forward to providing additional bonds. As this is a letter of recommendation and not a bid bond, Brown & Brown, Inc., Developers Surety Group, it's agents and owners accept no liability for its contents. The Surety reserves the right to review each submission and base our final decision upon conditions which exist at that time. Please do not hesitate to contact me directly should you have any questions. Sincerely, Sh&1f Vice President Surety Division MEMBER OF NATIONAL ASSOCIATION OF SURETY BOND PRODUCERS Description of Services: Installation of DOT specific signs on Interstate and Primary Roads. Signs ranged from 5 square foot signs to 250 square foot signs on multi posts with 10 foot deep concrete bases. Also installed several 150 square foot overhead signs on the Rickenbacker Causeway. Broward County Transit Bus Stop Sign Replacement Description of Services: Removal, fabrication, and installation . ~l . ) '" - ~. ") . . ") I "l ~ , ~. . . a . . . () . ~ :-. () . t, () . . <t <. ,It . . . . ~ " .., ~ .., ., " .., I" Town of Miami Lakes Decorative Street Sign Upgrades Mr. Osdel Larrea 15700 NW 67lh A venue Miami Lakes, Florida 33014 (305) 364 6100 F. Department of Transportation District 6 1000 NW Illlh Avenue Miami, Florida 33172 (305) 256 6330 References Description of Services: Replacing existing street signs with new decorative signs. Removal of existing signs, provide and install new upgraded street sign poles, panels and caps at all intersections in the Town of Miami Lakes. Over 600 Intersections have been completed to date. Bob Dom of over 2000 Broward County Transit Bus stop signs throughout 115 S. Andrews A venue, Room 212 all of the existing bus routes in Broward County. Ft. Lauderdale, FL 3330 I 954-357-2923 F. Department of Transportation District 6 3100 Overseas Highway Marathon, FL 33050 (305) 289 6117 Description of Services: Installation of DOT specified signs in the swale area of the Overseas Highway as well as various bridges in Marathon over a 3 year period. City of Sunny Isles: Decorative Beach Entrance Signs Description of Services: Fabrication and delivery of over 22 18070 Collins A venue, City Clerk Decorative Beach Entrance signs to the City of Sunny Isles First Floor Meeting Room Beach. Currently they are installed up and down Collins A venue Sunny Isles Beach, Florida, 33160 F. Department of Transportation District 4: Maintenance of Traffic Mr. Tim Thomas Office (772) 489-7087 Further references can be provided as needed Description of Services: Maintenance of Traffic along interstate and primary roads in Broward, Martin, and St. Lucie Counties. Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET . ) . t . >> . t . a a . t >> >> >> ) ) l It . >> t . ) l l . Detailed Cost Proposal The following price proposal meets the specifications required by the City of Sunny Isles Beach In section 1.2 and the attached addendums. A sample shop drawing has been provided. All signs conform to the FDOT Standards and shall be installed using the same specifications outlined by FDOT Design Standards 2008. Please note that the unit price is for one sign as requested by the City and clarified during the pre-bid meeting's minutes. Quantities of each sign are to be determined by the City of Sunny Isles and shall be provided with the notice to proceed. The unit price includes the fabrication of new sign, removal of existing sign, delivery of old sign to designated area provided by the City, and installation in Right of Way on grass or concrete. The Unit price also includes warranty against material defects for three years and a warranty against paint failure for two years. The unit price for: the fabrication of new sign, removal of existing sign, delivery of old sign to designated area provided by the City, and installation in Right of Way on grass or concrete: $699.00 EACH. Attached please find a detailed list of signs currently found west of Collins Avenue from I 741h Street to 193fd Street. ...... ., -... ... Contract Price: Unit Price $699 EACH x Quantity of 217 Signs: $151,683.00 Includes: ~ ... ~. . . ~ .. ~ - ""'\ . . . Fabrication of Decorative Street Sign. . Delivery. . Installation in Concrete or Grass. . Removal and Delivery of old sign. . Warranty against material defects for three years. . Warranty against paint failure for two years. ~ .., -... .. " .., ........ .., " Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET t l t . l . ) t . ) . ) >> ) t t ) ) 1 . .. ) ) ~. . ) . . . The unit price for: the fabrication of new sign, removal of existing sign, delivery of old sign to designated area provided by the City, and installation in Right of Way on grass or concrete: $699.00 EACH. The following is a list of signs that this price includes. $699 EACH x 217 Signs: $151,683.00 COMBO STOP I DOUBLE STREET NAME I ARROW 18" x 24" COMBO STOP I SINGLE STREET NAME \ NO RIGHT TURNS COMBO YIELD I SINGLE STREET NAME 24" x 36" DOUBLE STREET 9 Button Sign 18" Diamond NO V-TURN 24" x 24" WARNING 30 " Diamond SPEED HUMP 24" Diamond Emergency Evacuation 24" x 30" STOP - 3 WAY or STOP - 4 WAY 30" STOP 30" I \ COMBO STOP 30" DO NOT ENTER 30" x 30" NO PARKING - Left Arrow 18" x 24" NO PARKING - Right Arrow 18" x 24" NO PARKING - Double Arrow 18" x 24" PET WASTE 18" x 24" I \ COMBO STOP 30" RIGHT TURN ONLY 30" x 36 " COMBO I NO PARKING - Any Time 18" x 24" \ TOW AWAY 12"x6" DO NOT ENTER YIELD 30" NO RIGHT TURN SPEED LIMIT 30" x 30" NO THRU TRAFFIC (WI hours) 18" x 24" 24" x 24" 24" x 30" COMBO I NO THRU TRAFFIC (WI hours) \ No Turn I 8" x 24" 18" x 24" COMBO I NO STOPPING I NO STANDING 12" x 18" \ SHUTTLE 18" x 8" ~ - . . . . . . ",\ - .1 NO STOPPING I NO STANDING 12" x 18" NO STOPPING SCHOOL HOURS 36" x 72" SCHOOL SYMBOL (YG) Pentagon 30" Pent Residential Permit Only 12" x 18" Handicap - Miami Dade 12" x 18" Police Signs (We Care) 18" x 24" Meters En forced 18" x 24" COMBO I DIVIDED HIGHWAY R3-9B 36" x 48 COMBO I SCHOOL SYMBOL (YG) Pentagon 30" Pent AHEAD I ARROW " \ White with TWO arrows 18" x 24" Speed Limit I School Hours 48" x 96 " City Commisioner 24" x 36" With Single Street Name SCHOOL SYMBOL (YG) Pentagon 30" Pent "'"' ... ~ ... ~ .., ~ - '" - r" Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET :t 't ~) () :t ... ') ~ ') :') :) ~ \l ~ ... ~ . () :t . a 1') ... . ~ .. ~) :) 1 . . ...... ., . ~ ~ . . () f) ... ~. t l t . .... Aluminum Ball Cap A4159 Pizzaz Orange A6620 Teal Vinyl Logo 36" 11" 3 1/2" Lettered in 3M 510-10 \M1~e Reflective Vinyl .125" Double Sided aluminum Sign Blade welded to 1.5" square aluminum lube 1/8" wall thickness and capped w~h ball finial. Sign ann to be welded to 1/4" aluminum plate which attaches to center post w~h 4 #14 stainless steel sheet metal screws. 32" 144" 84" .080 Aluminum sign face R1-1 w~h series 3930 3M High Intens~y grade prismatic reflective wh~e sheeting. screened with red 3M in k Mounted onto 32" Octagon .090 aluminum backer plate Thru-bolled onto 4" x 4" square aluminum post Back of all signs to have stickers with Name, Phone Number and contact infonnation 4"X4" Square .125" Wall Post All Aluminum components cleansed w~h 3 stage acid wash, primed w~h zinc chromate conversion coating. Powdercoated w~h TGIC 9800 Super Durable series RAL # 9900-9000 (TCI Gloss Black powder) 3" Aluminum angle welded to sign posts 2500 psi concrete rn QJ - rn 1-4 u Date: 07/09/2009 Quote # 90630104 Drawn By: S. Valancy Model - Stop Double Street () rt fl () ~ () (t ~ . .. '" ... -.... ., ""'" .., ~ .. . l . ... ~. ..) :) l t 't ") ) . ) .... ) . ) t t :) ~ . ...... .. -.. ., PSE PIOS & SONS ~ Sunny Isles, Florida (305) 919-9662 Project TimeJine Synopsis The project can reasonable be expected to be 95% completed within 65 days of the notice to proceed assuming no extraordinary weather conditions. The following is a specific task oriented timeline for the removal, fabrication and installation of the replacement signs for the existing street signs west of Collins A venue from 174111 Street to 193rd Street. Day 1: . Contract Execution. . Notice to Proceed. · Complete detailed identification and list of signs the City wishes to have removed and replaced. Days 2- 40: · Fabrication of entire sign assemblies. · Underground utility locations to be identified to ensure there is no conflict of new sign location. · Verification of new sign locations to be done in conjunction with the City project administrator. Days 41-65 · Installation of new decorative signs. · Removal and delivery of old sign assemblies to a designated location provided by the city. · Field inspection of signs to be done by the City. ... . - ., ...... .., ~ .. "'\. .. ....., Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET rt <l () j) >> :t ."'. l ~) ~ ) J) <I) ") ") >> . ') 't ) ~) ) ~) t >> ) . ) . ) . ) ) ) t ) ) . ) . .. t ) '\ 2009 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# L 17828 Entity Name: PIOS & SONS ENTERPRISES, INC. FILED Apr 07, 2009 Secretary of State Current Principal Place of Business: New Principal Place of Business: 320 ATLANTIC AVE SUNNY ISLES, Fl 33160 US Current Mailing Address: New Mailing Address: 320 ATLANTIC AVE SUNNY ISLES, Fl 33160 US FEI Number: 65-0198879 FEI Number Applied For ( ) FEr Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: ORTIZ, HECTOR M 320 ATLANTIC AVE SUNNY ISLES, Fl 33160 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: litle: Name: Address: City-St-Zip: P ( ) Delete ORTIZ, HECTOR M 320 ATLANTIC AVENUE SUNNYISLES.FL 33160 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: HECTOR M. ORTIZ Electronic Signature of Signing Officer or Director P 04/07/2009 Date . <l <l ,~ ~. ~) ') ~l ~ .) ,) :} ,) .... :. ) '. '. . ) ... ~ l_ ___ ) l >> l . ) >> l ~ ) ) . . ) . ~ l ) ) t . ... 2008 CITY OF SUNNY ISLES BEACH Local Business Tax Receipt EXPIRES SEPTEMBER 30,2009 MUST BE DlSPLA YED AT PLACE OF BUSINESS 2009 BUSINESS NAME/LOCA TION: PIOS & SONS ENTERPRISES, INC. 320 ATLANTIC AVE SUNNY ISLES BEACH, FL33160 DA TE ISSUED: 8/29/2008 LICENSE NUMBER: I LBTR09-2250 ~ OWNER/CORP: HECTOR M. ORTIZ PIOS & SONS ENTERPRISES, INC. 0079 ICONTRACTOR - C) ENGINEERING HOME OFFICE/ADMINISTRATIVE WORK ONLY/GENERAL ENGINEER BUSINESS CODE: RESTRICTION: This is a Local Busilless Tax Receipt ollly. It does I/ot permit the taxpayer to violate allY existillg regulatory or ZOlling laws oft/Ie City or Miami Dade Cou1l1y. Nor does it exempt the taxpayer from any other licenses or permits required by law. This is not a certification of the taxpayer's qualificatiolls. City of Sunny Isles Beach 18070 Collins ^ ve, 3rd Floor. Sunny Isles Beach, FL 33 160 CITY OF SUNNY ISLES BEACH . w,~ O/~I CERTIFICATE OF USE, ,c ,~.. ,,;:,:~~ti!t OF SUN 2008 - 2009 Business Name: Pios & SOilS Entel1Jrises, Inc. [,- CU09-173D Name of Owner: Ortiz, Hector M. .. Expiration Date: Address of Business: 320 Atlantic A venue September 30, 2009 (Z"~~ _-'I Permitted: ZOlle: RMF-l, RMF-2,B-l, R-l, R-TH, MU-R, TCO R-l Classification: Home Office Restrictions: GENERAL ENGINEERING - ADMINISTRATIVE OFFICE ONLY, NO CUSTOMERS, SIGNS, STOCK ON SITE. ~ - t) .. Q "\ .. ) t t . . :) .. , t . . '. ~t ~ ) . ~) l ~t ) . ~ . . ~ t ~ ~ . . ) ~ . ~ >> . ) " LOCAL BUSINESS TAX PUBLIC ACCOUNT INQUIRY PAGE 01/01 - ---------...... --- ----"~~-,,... TAX COLLECTION DIVISION 140 W. FLAGLER STREET MIAMI, FLORIDA 33130 LBT YEAR: 2009 OCLM91C 3055797540 OL UNIT ACCOUNT ~ 333999-1 BUS I N E S S ~ NAME~ PIOS & SONS ENTERPRISES ADDR~ 320 ATLANTIC AVE ZIF': 3~J16() MUN.: 31 COR P / 0 W N E R (M A I L I NAME: PIOS & SONS ENTERPRISES INC ADDH~ :3;:~:O ATU~NTIC (WE ;,?: I F; :: ~-3~:3l6() o THE R I N FOR MAT ION PP-FOLIO: 00 000000 RE-FOLIO: 31 2214 003 0570 COMM-DATE~ 03/1995 DELETE",,,E;;T: II'IC ENTRY-DATE~ 03/08/199 ENTF\y,-"I"YF'E:: W SUITE:: 1\1 G ) C/O: HECTOR ORTIZ PRES CITY~ SUNNY ISLES BEACH STATE: Fl.... 1t n " " II .. ~ n '" n " 11 1'1 .. " II " " .. t. " " 1:'8 f\(.;~CEJ:PT DEBCFUF'TION AJvID\.JNT--DUE D/I::;: PD 1...r..:Gr-'L ::I<"~80r.:!f:~"u2 GENE HAL. El\!G I NEEf=i: I NG CONTH(..~CTClF\ F' F 1 ;~::I"IE]\1U CI...EAr~!':"pnEV SCR FI.,.'''1\1m~l:: r\C"r r~I\I1T::R='Rr;::CE J: F'T IMPORTANT: TH~ INFORMAnON HEREIN DOES NOT NECESSARILY CONTAIN ALL PE1mNENT FACTS WITH R~GARDS TO REAL ~An CI.OSINGS AND OTH~R SIMILAR ACTIVITlES. . , . . ~ . fJ . . () . Hector M. Ortiz President · License E - 1684 · Phone: (305) 919-9662 . Email: pios@bellsouth.net . . . . () . . . . . . () (t . . . . (t . 3 . . 1) (t Cl . . . . Experience 20 Years experience with Pios and Son's Enterprises, Inc. EMPLOYMENT 1989-Present President of Pios & Sons Enterprises, Inc. In charge of complete day to day operation, estimating, personnel, equipment, and cash flow. EDUCATION 1989-1999 Bachelors in Management, FlU College of Business Administration QUALIFICATIONS Directly supeNised and managed construction projects in excess of $20 million. Specializing in Street Signage, infrastructure construction, underground utilities, and concrete. Currently hold a license as a general engineering contractor, and as Worksite Traffic Supervisor. OTHER RELEVANT EXPERIENCE AND QUALIFICATIONS Has directly managed over 5 million dollars worth of Signage Projects for theFDOT, Miami-Dade County, and other Municipalities, PROFESSIONAL REFERENCES Town of Miami Lakes, Osdel Larrea, Director of Public Works (305) 364-6100 City of Lighthouse Point, Art Grahm, Director of Public Works (954) 946-7386 FOOT District 6, Titina Ricciardi-Encinas, Contractor Inspector, (305) 256 6330 Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET " . :t ... ~ 't . ... ~ ~ ... Richard Y ong '. . Senior Project Manager I) Phone: (305) 216 1530 Email: pios@bellsouth.net tt :t ~t ... ) ,") ~ ~ , ~t 1 ,t ~. ~ () , ,. :) ~ ~ :t .. . ... :t . Experience 10 Years experience with utility contracting and Sign installation projects for the FOOT EMPLOYMENT 2002-2008 Pios and Sons Enterprises, Inc Hialeah, FL Project Manager · Responsibilities include field work inspection, logistics and scheduling, estimating, bidding/procurement of contracts, and general office duties. · Project manager for FOOT 4 Maintenance of Traffic for Broward, Martin, St, Lucie Counties along interstate and primary roads, · Town of Miami Lakes Decorative Signage Project, · City of Sunny Isles: Beach Access Signs and citywide sidewalk replacement project. · Broward County Transit: Bus stop sign Installation of over 2000 signs. EDUCATION 2002-2006 University of Florida Gainesville, FL . BA in Economics from the School of Liberal Ms and Sciences . Minors in Comparative Religious Studies and Spanish, QUALIFICATIONS Directly supervised and managed over 2 million dollars in street signage projects and maintenance of traffic contracts with the FOOT and other municipalities, Is a work zone traffic safety supervisor. PROFESSIONAL REFERENCES Kimley-Horn and Associates, Inc., Gary R. Ratay, P.E., (954) 535-5100 FOOT District 4, Contract Specialist, Tim Thomas 772-489-7087 ..... .. ... ., " . ..... WI' ...... WI' ~ Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET -. ) ') ) ~) ) ") ~) l ) ') ~l ~. l 1') ) ~ , , 'l ~ "l l 'l ~t ") :) ,) :l "') ") '. ) ~) () ') ") ) t ) ~l .~ ~) "'\ Crew assignments City of Sunny Isles Signage Project Pios and Sons Enterprises, Inc. employ's 18 Full time employees. The following is a breakdown of how the staff is going to be assigned to the City of Sunny Isles Beach during the execution of project. 2 crews consisting of one operator and I Installer: · Deliver and Install Signs. I Floating Superintendent: Richard Yong, resume attached · Quality Control, Operations Management, supervising and ensuring Underground utility locations. Design and implement Maintenance of Traffic Operations, on an as needed basis, to ensure the safety of the crews and the traveling public. I Project Manager: Hector M. Ortiz, resume attached · Coordination with the city, scheduling, and execute contract. I Office Staff: · Calling underground utilities to mark existing utilities in work zone. General office duties required for the execution of contract The following is a list of equipment that will be specifically assigned to the installation of fabricated signs. A complete equipment list for Pi os and Sons Enterprises, Inc. can be provided upon request. 2 2 2 Skid Steer Loaders With Auger Attachments Trailers Concrete Mixers 3 Dump Truck (For Disposal of any material) Arrow Boards 250 Gallon Trailer Mounted Water Tank Trailer Mounted Air Compressor (185 CFM) Chevy 2006 4500 Series Chevy 20011500 Series Ford 2003 F150 1000+ Traffic Cones 100+ Type 2 Barricades with Lights 100+ Various Maintenance of Traffic signs Pios and Sons Enterprises, Inc. 320 Atlantic Avenue, Sunny Isles, FL 33160 OFFICE: (305) 919-9662 FAX: (305) 819-4222 PIOS@BELLSOUTH.NET . J . . l ) ) ) 1 '. ~) t) ~ ~l ~. . l 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. ]. This sworn statement is submitted to City of Sunny Isles Beach, Florida by Hector M. Ortiz, President for Pios and Sons Enterprises, Inc. whose business address is 320 Atlantic Avenue Sunny Isles, Florida 33160 <l and (if applicable) its Federal Employer Identification Number (FEIN) 65-0198879 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 1 :. :t ~l :) :t ~) '~ ~) ~ :l ~l () ') ) . :) . ') ~. :l ) ") ~. l 2. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any state or 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 contract for goods or services to be provided 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 .1 33(l)(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.] 33(l)(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 ,"\ - .__T________ .",-_..______ . t . . ) . l . ) ) l ) ) ) ~. . . l . ~l .} . ) . l ) .. ) . ,) ~t ") t . :. l .. -. ) .1 ) ) >> ) person who has been convicted of a public entity cnme In Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287 .133(1)( 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 ~ 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 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 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 Officers 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.) 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 STA ;UTES FOR THE CATEGORY TWO OF ANY CHANGE IN THE INFORMA TIO NT AINED IN THIS FORM. ./- Hector M. Ortiz (printed or Typed Legal Name of Affiant) "" ~ J ) t t . "t ) l ) ,I) :) ~) ~) '. ~ '. :) "} 'l l . ~) <I' . "') ~. ~t ... ") 't :. .) :) ~. . 'l ..l l ~. ;) \. .l ~ '\ :. :......_..~-..................;-......&..L.:::. STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foregoing Agreement was acknowledged before me this 10th day of July, 2009, by Hector M. Ortiz as President of , Pios and Sons Enterprises, Inc. , a Florida corporation, on behalf of said corporatiof} and limited partnership. He personally appeared before me and is personally known to me. {NOTARY SEAL} # DO 637800 EXPIRES: February 8. 2011 Bonded ThN Budget Nol4ry S.MceS . . ~ ct () (J () 'l (t () ~ . () ~ . Cl () . () (t . <t () () . () () (t . . () () . () ~ ~ <l f) .... () () . r) ^ NON-COLLUSION AFFIDA VIT 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 City Commission and that it will be relied upon by said City, in any consideration which may give to and any action it may take with respect to this proposal. 1.2. The undersigned is authorized to make this Affidavit on behalf of, Pios and Sons Enterprises, Inc. (Name of Corporation, Partnership, Individual, etc.), a corporation duly organized and existing under the laws of the State of Florida of which he is President (Sole Owner, Partner, President, etc.) 1.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 1.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this proposal by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. 1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that such person, firm or corporation, shall refrain from Proposing, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other Proposer; and all statements contained in the proposal or proposals described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 1.2, has directly or indirectly submitted said proposal or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. Hector M. Ortiz AFFIANT'S NAME President AFFIANT'S TITLE r.....................___........ . <I <l (t ~ ct () () (t () (t . . . . () . . . () . () () () . (t () () . . . . (t . . . <l . <t . (t . () The foregoing Agreement was acknowledged before me this 10th day of July, 2009, by Hector M. Ortiz , as Presrnent of p, ~ ~ -#. St....t$ ~ ,a Florida corporation, on behalf of said corporation and limited partnership. He personally appeared before me and is personally known to me. { NOTORIAL SEAL} A E. LORA 7800 011 Bon<led T1uu B~t NotaIY Servtces ,-... "l >> ) . . ) ) ) ) ) . ) . ~) >> ) . l ~) . l ) . . ..) l ) ) ) l . ) ) . . ) l l ) . ) ) l ""'\ Addendum No. 1 CITY OF SUNNY ISLES BEACH Removal, Fabrication and Installation of Street Signage CITY RFP NO. 09-06-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. END OF SECTION :t ., ") ) } ~. ') () ') ") "') :) ) . ~) <I) ~l . l ") . . l ~) t :) ) ) ) ~. ... . t ~) ) ) ) l ) t ) . ) "'\ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Mandatory Pre-RFP Submittal Conference Summary Minutes Monday, July 6, 2009 at 9:00 a.m. RFP No. 09-06-01, Removal, Fabrication and Installation of Street Signs City Clerk Jane Hines opened the Conference, and Assistant City Manager/Services Jorge Vera welcomed everyone and introduced City Manager Rick Conner. He gave an overview of the project noting that there are about 217 existing signs and he asked for a unit price for a sign. This is for the Golden Shores neighborhood which is the area between l85th Street and 192nd Street, and west of Collins Avenue as well. The font style that we have is highway. The deadline for submission of Request for Proposals documents is Monday, July 13,2009, at 9:00 a.m., at which time those sealed responses will be publicly opened. Any additional questions are required to be in writing and may be submitted up to five (5) days before the opening (at the close of business, Thursday, July 9, 2009), which will be answered and placed on Demand Star. You may email them to Jorge Vera, Assistant City Manager, at ivera@sibtlnct, or fax them to 305-792-1561. QUESTIONS AND COMMENTS FROM PROSPECTIVE BIDDERS I. When you say per unit do you mean per the entire unit? How do we know, for instance if there is a right turn only sign, do you want a separate price for that? Yes. Give us the unit price for any size of sign. 2. Are we to quote a price for the entire area? No, give us the unit price per each size sign, such as a stop sign, a turn left only sign, etc. There are approximately 217 signs. 3. Is the quote to also include installation? Yes, the complete package including post, sign, and labor. 4. Will the City waive permit fees? Yes we will waive the City fees. There may be fees that we are not responsible for, if there are County fees or State fees, we can't waive those. 5. Who did the installation on the existing signs? Graph-Plex Sign age. 6. What was the price that Graph-Plex did it for? That would be a public records request. You can contact the City Clerk's Office for that information. 7. For the area around the school, are we to core drill (in sidewalks) as opposed to direct ~landatory Pre-Submittal Conference QA 070609 Page 1 of 4 \l :t fl () <I) :l fl ~l ,. 'l ~. 1 ~ ,,) ~t ~ ') :l ') ~) ~) ) ~l ~. ~) ... .l ") ,. ) ;) "') l :) ') ,~ <I) ~) ~l . ) t ) ""\ burial? Give us a unit price for a standard sign, and an additional (add on) unit price fo,. having to place it in concrete. 8. On the evaluation of the bid, will you be evaluating on unit price or lump sum total? Unit pl"ice, but it doesn't matter, it is the unit price times the number of signs. 9. Around the school area, do we bid on the signal devices signs, such as "School Zone"? Leave those out. 10. Is a Bid Bond or Performance Bond required? We have liability insurance required from the company. Assistant City Manager Vera will speak with the Legal Department. There is not one currently required but there may be an addendum added to include it. 11. Wouldn't it be easier if you listed the signs and then they put a number next to it? We could do that but with your expertise of what we are looking for, we don't know necessarily which signs require what. 12. Do we include the signs at entrances/exits onto commercial properties? No, not private signs. Only those in the right-of-way. 13. Do we include Evacuation Signs? \Ve aren't aware that we have any, but include any existing signs. 14. Does the price include removal of existing signs? Yes, the price includes the removal of the existing sign. 15. Do you want the old signs, and if you do, where should we deliver them? Yes, deliver them under the William Lehman Causeway bridge. 16. For the criteria under No.7 (page 3), back of signs to have stickers with proposer's name, is this FDOT styles? Yes. 17. What is the timeframe? The Central Island Project is coming to an end, and so we would like to start putting these signs up by the end of July or the beginning of August, and we need them up ASAP. You can propose a time in your proposal and that will be taken into account as well. 18. Do we have to provide shop drawings? Yes. 19. Will the decision be made solely on price or will you evaluate other factors? We will evaluate other factors as well. This City tends to focus on quality, we want a good price, but we don't want to pay any more than we have to. This isn't about Mandatory Pre-Submittal Conference QA 070609 Page 2 of 4 . Cl () ~) ~ ,) (l 't () () () Cl I't I) () >> ~ .l 't () :) ~l ") ~t ~ ') () .. :) :) 'l 't .. .) () (l I) ") ,) ) "l ") l " undercutting somebody by a penny and the quality is half as good, we are not going to go that way, we are going to pay to get what we want to get. We don't necessarily accept the lowest bid, we accept the lowest responsible and responsive bidder. We have been posting this project on Demand Star, and if you provide your email information we will send you em ails to update you on addendums or anything, but also keep an eye on demandstar.com and if you haven't used it before, if you sign on to the site, it makes you think that you have to pay to get on, that is only if you want to put something on, it is free to access our information. We will put today's sign-in sheet, questions and answers, and addendums on this site. Make sure you sign the sign-in sheet as this is a mandatory meeting. If you have a business card, please drop it offto us. 20. Are the current signs 3-feet into the ground? We are not sure but assume that they would have to be. 21. Is there any breakaway? There are very few. 22. The vinyl used, is that in the specs, and what is the time frame? Don't know if it is in the specs but you need to tell us, again, that is the kind of thing we are interested in, what is your quality. Time is important, so put that in your proposal, and understand that it will be put in the contract and you will be accountable for the time limit. 23. Are you going to be doing it block by block? That is up to you, whatever best suits you, we just want the job accomplished as quickly as possible. As long as the .job is done, and done with quality, we will work with you. 24. Will we get a copy of the sign-in sheet? The sign-in sheet, the questions and answers to today's meeting, and any other questions/answe.'s will be posted on Demand Star. 25. So just to recap, no bid bond, no performance bond required? We will let you know. A performance bond seems appropriate at this point but we will check with the Legal Department on that. 26. When we put the post in, anti-spin, twisting requirements by FDOT standards? Yes, must meet standards with International Building Code and South Florida Requirements. You will have to meet all the codes, we will waive the fees for the permits, but you must still acquire the permit. You will still have to go through the process, you will have to get approval, it is .just that you won't have to pay local fees, but again, we can't waive State and County fees. 27. How many copies of sign sets of shop drawings required? '\Iandatory Pre-Submittal Conference QA 070609 Page 3 of 4 () o () ,) () ~ () f) ~) (l (l () ~ ') ~ ~l () ~ ~) ~ ~t ) ") ~ ~) 't <I) () () ~ ~ :) ,) ") ~. (t I) "t .) t ') !) ") ~ This is a requirement through the Building Department when you apply for a permit. 28. Is one permit required for the entire job? Yes, you can get one permit for the entire job. The mandatory Pre-Submittal Conference was concluded at 9:26 a.m. Mandatory Pre-Submittal Conference QA 070609 Page 4 of 4 C) <l () () (. ~) () (t {) () ') () <t ~ () () <l (t ~l . It () ~ :. ~. ') ~ () f) :l () ~) ~. "l "l (t ~ ,") ~l \) ') ~) ~ Addendum No.3 CITY OF SUNNY ISLES BEACH Removal, Fabrication and Installation of Street Signage CITY RFP NO. 09-06-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. END OF SECTION ~, . () () () () ... 't () <l o () () <. 't () () () (t f) {J () tt <l (l I) 'l () . (t () () <) () () ~t ,~ ~) f) 'l ') (t () ~ 1. PERFORMANCE BOND 1.1 With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: a. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. 1.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. 1.3 Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 1.4 Qualifications: As to companies being rated acceptable: A Performance Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above - minimum qualifications, the Surety Company must meet the following additional qualifications. 1. The City will accept a surety bond from a company with a rating of B++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the Surety Company based on the financial information available to the City. A Surety Company that is rejected by the City may be substituted by the bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. a. The Surety Company shall have at least the following minimum ratings: Amount of Bond Policyholder's Rating Financial Size Category 100,000 to 1,000,000 B++ Class V or higher 1,000,001 to 2,000,000 A- Class VI or higher 2,000,001 to 5,000,000 A Class VIl or higher b. All Surety Companies are subject to review and approval by the Owner and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. 1.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida. ;",,\ . () (t <t () ft (l () () () () () () () \t () () (t (. () f) . () () (t ~ (t . () f) (t Cl a (t () ~. () ~ ') .. ') ~) ..) " Construction Performance Bond Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 CONSTRUCTiON CONTRACT Date: Amount: $ Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company Signature: Name and Title: (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 191O-28A (1984 Edition) Prepared through the joint efforts of the Surely Association of America, Engineers' Joint Conlmct Documents Committee, The Associated General Contractors of America, American Institute of Archilccls, American Subcontmctors Association, and the Associated Specialty Conlractors. . . . . () (t CJ C) () () . () . () () () . () <t . ct () ~) ~) . () a . . (t () () () . tt f) f} ') t ~t a ~ .) I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administmtors, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by ref eren ce. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagmph 3.1. 3. If there 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 Pamgraph 10 below, that the Owner is considering declaring a Contmctor Default and has requested and attempted to arrange a conference with the Contmctor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contmctor Default: and 3.2. The Owner has declared a Contractor Default and formally terminated the Contmctor's right to oomplete the oontract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subpamgmph 3.1: and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with oonsent of the Owner, to perform and oomplete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contmct itself, through its agents or through independent contractors: or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the oontractor selected with the Owner's concurrence, to be secured with performance 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 damages as described in Paragraph 6 in excess of the Bal,mce of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, lender payment therefor 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 Paragmph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 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 entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 43 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety 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 Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective wOlk 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 Paragraph 4: and 6.3. Liquidated damages, or if no liquidated damages are 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 othen; for obligations of the Contractor that are unrelated 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. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of limitation available to sureties as a defense in the jurisdiction of the 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 otller legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be oonstrued as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contmctor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or otller claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has 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 other terms thereof. FOR INFORMA nON ONLY-Name, Address and Telephone) IAGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): EJCDC No. 191O-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. ~ . . . . (t . () () ct () . ~ . () () (I . . . <l . . ~ . () (t ~ . () \) . ~ <t <t . . () () <l . . . . " Addendum No.4 CITY OF SUNNY ISLES BEACH Removal, Fabrication and Installation of Street Signage CITY RFQ NO. 09-06-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. 1. The aluminum tubing shall be 1.5 inches and not 1 inch as per section 1.2 (4). 2. There is a 3 inch angle at the base of the sign (underground) to prevent twisting. 3. Poles are embedded 3 feet deep in the ground. END OF SECTION