The URL can be used to link to this page

Item F11BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 16, 2011 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton' 809-5200 AGENDA ITEM WORDING: Approval to award bid to, and to negotiate a contract within the project budget, with Bella Construction for the Elevator for Baggage Make -Up Area at the Key West International Airport. ITEM BACKGROUND: The Notice of Calling for Bids was published on September 9 & 10, 2011, with the Bid opening held on October 12, 2011. Three firms submitted bids: The Whiting Turner Contracting Company; The Morganti Group, Inc.; and Bella Construction. All three bids were higher than the project budget available, so we are seeking to negotiate with the lowest bidder, Bella Construction, to bring the contract costs in line with our funding. PREVIOUS RELEVANT BOCC ACTION: 9-15-2010, Item C-27 - approval to prepare plans and specifications for the installation of a baggage handling elevator at Key West International Airport. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval. TOTAL COST: TBD INDIRECT COST: NA DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None COST TO AIRPORT: TBD (5% match BUDGETED: Yes SOURCE OF FUNDS: FAA/operating COST TO PFC: None REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: NA APPROVED BY: County Attorney NA OMB/Purchasing NA Risk Management NA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # N s in •Q O a ce J U s a 0 0 0 0 0 0 in z 0 z 0 0 0 O 0 0 0 0 0 a � 0) s o z a o o � � � � W co 0 o� o zLn m m m z o w w w . _a W c'+� ~ a a a L. CA) W co co co � u a W J J J a - � rl � a v L,u O O O ° ,� WL1LWO W Q LL = N of o*� oWN LU V�7 z o z z 0 ,�oLnLn m o� a� m � ammc zcn�W a co Qin � - — �aam 0tn LL=JO W Q V 00 V z�a0 a z — .� Q in LU W W (' i v c� a a U sLn Q Q (' LF) m z a W z � .� a U n v > in 0 o� z �� U C3 W p z U o of Q z U z to in �� CA) O cn z L. v � .� } a w w z 0 0� .tn CA) > W � 0 c: L. s o LU zaF-- U 0 co H = U U U o W W a�, J Q V N .� O Ei LU 00 of s + m :*H V) m SECTION C PROPOSAL AND SCHEDULE OF DID ITEMS Contract BID TO: Monroe county Purchasing Department 1100 Simonton Street Suite 1-213 Key West, Florida 33040 BID FROM: BELLA CONSTRUCTION OF KEY WEST, INC. 111 US HIGHWAY 1 BOX 110 KEY WEST, FL 33040 Submitted (Date).- ocTosER 12, Zoil The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe County Board of commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: ELEVATOR FOR BAGGAGE MAKE UP AREA Key West International Airport Monroe county, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached contract Documents for the unit prices listed opposite each item. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1--14 KEY WEST INTERNATIONAL AIRPORT read t o--te3-- 20tt The contractor shall complete the Schedule of Values included as Attachment "A". The Schedule shall be added and the final total base bid amount will be: TWO HUNDRED EIGHTY THOUSAND DOLLARS AND ZERO CENTS------------------------ DOIIafS (total base bid —words) It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as basis for claims by the contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the contractor from the Owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice -to -Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the N/A Bank of N/A or a bid bond for the SUI'Tl Of SOTTO EXCEED SEVENTEEN THOUSAND FIVE HUNDRED dOIIaCS ($ 17,5-0-09. J made payable to the Monroe County Board of Commissioners. Checkmarks I have included Division I which entails the proposal forms. Schedule of Bid Items (Attachment "A"). Bid Bond 1� The Drug -Free Workplace form. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_15 KEY VILEST INTERNATIONAL AIRPORT Prime Bidder's Qualifications: V List of major contracts in past 10 years List of equipment and plant available for this project ►/ Copy of latest financial statement ►� Disclosure of Lobby Activities u./ Acknowledgement of Receipt of Addendum Disadvantaged Business Enterprise Program DBE Utilization Form "Attachment 1 ", Division III DBE Letter of Intent "Attachment 2, Division III Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity crimes Sworn Statement Under Ordinance No. 19-1999 Certification of Non -segregated Facilities Federal Wage Decision V Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — 49 CFR Part 29 V Copy of Bidders License for State of Florida, evidence of competency and evidence of financial responsibility V Bidder's Statement on Insurance V Non -collusion Affidavit (Checkmark items above as a reminder that they are included.) Mailing Address: Phone Number: Date: 10,12.2011 BELLA CONSTRUCTION OF KEY WEST, INC. 111 US HIGHWAY 1, BOX 110 KEY WEST, FL 33040 305.292.9888 Signed: � �'✓ EDGAR G. BRASWELL, IV (Name) PRESIDENT (Title) Witness: � � — (Seal) BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-1 S KEY WEST INTERNATIONAL AIRPORT ATTACHMENT "A" SCHEDULE OF BID ITEMS ELEVATOR FOR BAGGAGE MAKE UP AREA BIDDER NAME: BELLA CONSTRUCTION OF KEY WEST, INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PROJECT DESCRIPTION: ELEVATOR FOR BAGGAGE MAKE UP AREA SPEC ITEM No. ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE IN NUMBERS EXTENDED TOTAL ELEVATOR FOR BAGGAGE MAKE UP AREA AT TWO HUNDRED EIGHTY THOUSAND LS 1 $280,000-00 $280,000.00 Dollars ANDZERO -------------------------------------- Conft TOTAL BASE BID ITEMS 1 $280,000.00 Payment for the work shall be made at the contract lump sum price, which price and payment shall be full compensation for furnishing all materials, equipment, labor, processes, tools and incidental costs required to complete the work. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 68/36111 11238 1_17 KEY NEST INTERNATIONAL AIRPORT 86CT10N D 811D KNOW ALL MEN BY THESE PRESENTS, that we: Bea Consoucwn d Key West, Inc., 111 US Highway 1 Box 110, � � 33040 2 - as Prl ipal, herelnefter called tie Principal, and Amerkan Souftm Inswince compa2z corporaltion duly orprAzed under the laws of the Starts of Ada, as Su", hereinafter Called the Sutx t are held a nd flM*dy bound unto the Monme County Board of Con nnissioners as 004"e, hereinafter rolled the Obliges, In the sum of: Five pacer of amount bid, penal sum not to exceed seventeen thousand fh►e hundred dolars dollars 1($ 5% bw lM $1 7-m-00 ,for the t of which surn vvW[ and truly to be made, the sold Principal a nd the said Surety bind ourselm, our helm, executors, administrators and assigns. joindy and severally, ty by these presents. WHEREAS, the Principal has sulxdtled a bid for: t, 4..- -------- Pff 04TA I NOW, THEREFORE, ff the Obligee malt accept the bld of the Principal shag enter into a contract with the Obligee In acoordance with the firms of such bid and eve such bond or bonds as may be specified in the bidding or Contract Documents with mod and sAdent surety for the tatthtul pertormance of such contract and for the prompt payment of tabor and material ished in the proseaidon thereof, or in the event of the failure of ft Prindpat to ender such contract aid give such bond or bonds, if the Principal shall pay to the Ob9gee fhe difference not to exceed the penaRy► hereof between the amount apecilfed In said bid and such leer amount for which the Obligee may In goad fetfh cattract adlh another party to perform the work covered by said bid, then this obpgatbn shah be null and void otherwise to remain in full force and effect. PROVlOED Tub, that It the Prh►c�pal shall submit the apparent lowest bid acceptable to the Oblhee but sheN fall to meet DBe goats as set forth In the bid specifications, then Prindpal shape upon request of the Obligee, submit to Obligee such adcltttonai evidence of Principal's good faith efforts to meet such goals in the manner and within the time required in such spedflc900na. Failure by supply such Informstlon as required shalt result in a fmfaiture of this bid bond in the sane manner end to the Same degree as dough ObOqee had socepted Principal's bid and Pdricipal had thereafter failed or refused to enter Into the contract with Obligee as set forth in the Immediately preceding paragraph. Surety: Amerfun Southern knumnee Company,1301 HV t ter Td 0210, Atlanta GA 30350 (8 )424-4132 i2s"M WO DOCUMEM + 11 y NEW M&ATOR # 4 les i I f � WERNATONAL ANUVU 2011_1 O 11 _16,.35 15_Page 2. max Signed� and seated t sis 121h day e# Oct 20 11 Signed (Principal) (Seel) (T ureter) (Seel) x Countersigned by: Wa f - tje heryl L orrao Attorne�r_ n- a nd FL Licensed sed Agent 16118 N Florida Apt. Lutz ; L 3,354 (1t i96,84i'031 All bonds must be signed by a Ronde resident agent with a legal street address; Pest Office boxes are net acceptable. Bid ""li net be considered unless the bid bend is signed by betb Principal and Surety. 12639329 11 1123& BID DOCUMENTS NEW BAGGAGE ELEVATOR 04 1-19 KEY WEST INTERNATIONAL AIRPORT 011-10-11-1 —3 —15—P age _2 . niax AMERICAN SOUTHERN INSURANCE COMPANY Hama office: 3715 Northside Parkway, NW Bldg. 400, Suite 300 Atlanta, Georgia 30327 Fatting Address: P. O. Box 723030 Atlanta, GA 311394030 GENERAL POWER OF ATTORNEY Knorr all men by these Presents, that the American Southern Insurance Company had made, constituted and appointed, and by these presents does make, constitute and appoint Stefan E. Tauger of Parker, Colorado; Donald J. Kersey of Birmingham, Alabama; Arthur S. Johnson of Atlanta, Georgia; Donald H. Gibbs of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia; Jeffery L. Booth of Pima, Ohio; James E. Feldner of West Lake, Ohio; Cheryl L. Torrao of Lutz, Fkx ida; Garry W. Stock of Murfreesboro, Tennessee; Martha G. Ross of Charlotte, North Carolina; David R. Brett of Columbia, South Carolina; Melanie J. Stakes of Atlanta, Georgia', Jason S. Centrella of Jacksonville, Florida; Brian Clark of Matthews, North Carolina; Michael K. Thorny of Atlanta, Georgia; Julie Klinner of Birmingham, Alabama; Kelley E.M. Nys of Decatur, Georgia; or Diane L. McLain of Fitchburg, Wisconsin, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount of the sum of $1,000,000 (one noon dollars), including but not limited to consents of surety for the release of retained percentages and/or final estimates on construction Contracts or similar authority requested by the Department of Transportation, State of Florida; and the execution of such undertakings, bonds, recognizances and other surety obligations, In pursuance of the presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the foilowing Resolution adapted pursuant to due authorization by the Executive Committee of the Board of Directors of the American Southem Insurance Company on the 25th day of May, 1 '9g3: RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Amerian Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to aftest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to an such Power of Attorney or to an certificate relating there Y y y g to by facsimile, and any such Polder of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed and In the future With respect to any bond undertaking or contract of suretyship to Which it is attached. In Witness Whereof, the American Southern Insurance Company has caused its official seal to be se resents to be signed b.�,�I R y its President and attested by its Secretary this 4h day of Egbruaiy, 01o C� � T, and the ..._ Attest. .F American Southern Insurance Co ..� `•.,- ► Gail A. Lee, Secretary = + Scott . Thompson, President = STATE OF GEORGIAdf- COUNTY OF FULTDN ►�� j. On this day of ye t j, ., befoto me p��Dy � Scott G. Thompson to rune known, Who being by me duly s A that �;�nd say at he resides in .',ftnW, in the County of Fulton, state of �, at 421 COUrt. that he is Ow Prudent of Amerimn 1RA insurance kk Company, Ow rorp WIon described in and which executed #* above ln*unfer#t; that he knows the seat of the Bald corporation; that the seal to the said k*tnxment Is such oorpor $eal; that it Was so alfixad and that he signed his name thereto pursuant to due a rizatlon Car*daoe T. Cheath►am STATE OF GEGRGIA Notary Puck, State of Georgia �s; QualifiedinDeKa� County • COUNTY t F FtJLToN Expfts Deember 7.2013 !, the undersigned, a Vice President of American Southern Insurance Company, a Kansas Corporatlon, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney rerrrebw in 6A tome and has not been nwoked; and. fvrthemmm. OW the Resolution of the Executive Caxrtmittee of the Board of moors set forth in ft Polder of Attorney is now in fotos. 12 t h Oct 2011 Signed and seated at the City 4f Aftnta, Dated the day of , John R. u Power2�5'� Vice G'e President SECTION E DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: BELLA CONSTRUCTION OF KEY WEST, INC. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub -section (1). 4. In the statement specified in Sub -Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 8. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date: 10.12.2011 BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-20 KEY WEST INTERNATIONAL AIRPORT SECTION F PRIME BIDDER'S QUALIFICATIONS In order to determine if persons submitting bids are responsible, each contractor shall furnish with his bid the fallowing completed information, and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: BELLA CONSTRUCTION OF KEY WEST, INC. 2. Business Address: 111 US HIGHWAY 1, KEY WEST, FL 33949 3. Telephone Number: 305.292.9888 4. When Organized: 9.18.2009 5. Where Incorporated: FLORIDA 6. A list of the person's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members. 7. A list of the officers and directors of the person; 8. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid. g. The number of years the person has operated under its present name and any prior names. 10. Now many years have you been engaged in the contracting business under the present firm name? 2 YEARS 11. What is the type of construction work in which you are principally engaged? CONCRETE & MASONRY 12. On separate sheet list major contracts in past 10 years. 13. On separate sheet list equipment and plant available for this project. 14. Enclose a copy of latest Financial Statement. 15. Credit Available for this Contract: $ N/A BI❑ DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-21 KEY WEST INTERNATIONAL AIRPORT 15. Contracts now in hand, Gross Amount: $ 1,2000000. 17. Have you ever refused to sign a contract at your original bid? NO 18. On separate sheet, list the last five (5) projects over $500,000 on which the contractor has worked, and telephone numbers. 19. Answers to the following questions regarding claims and suits: a. Has the person ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its officers or general partners? (If yes, provide details.) C. Has the person, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications? (If yes, provide details) d. Has the person ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details) e. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; f. customer references; g . Credit references. 20. Remarks: NONE (The above statements must be subscribed and sworn to before a Notary Public.) Date: 10.12.2011 FIf7'Tl Name: BELLA CONSTRUCTION OF KEY WEST INC. By: 2� 11r Xt, A . Title: EDGAR G. BRASWELL, IV -PRESIDENT Notary Public: my com MAM Pubk ow Thlu BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-22 KEY WEST INTERNATIONAL AIRPORT Bella Construction of Key West, Inc. Elevator for Baggage Make Up Area Key West International Airport AIP: 3-12-0037-043-2010 Responses to Section F Prime Bidder's Qualifications 6. Edgar G. Braswell, IV— 100% Shareholder 7. Edgar G. Braswell, IV — President 8. 2 years operating under current name; 20+ years of providing concrete and masonry scopes 9. 2009 — Current, 2 years operating under current name; 2006 — 2009 Bella Construction of the Keys, Inc. 12. Major Contracts 1. USCG Upper Keys Housing, Grassy Key — Shell 2. FKCC Student Housing, Key West — Shell & Slabs 3. Fly Navy Building Renovation, Key West — Interior & Exterior Renovations 4. Ohio — Bahia Honda Bridge Rehabilitation, Sunshine Key — Structural Repairs 5. El Rancho Motel, Key West — New Hotel Shell 6. Trumbo Point A.4 Seawall, Key Vilest — Concrete Seawall Rehabilitation 7. Gulf Seafood Building, Key West — New Warehouse 8. Fleming Key Bridge Repair, Key West — Structural Concrete Repair 9. 512 Duval Street, Key West— New Commercial Building Shell & Slabs 10. Southernmost Motel Tiki Bar, Key West — Concrete & Masonry 13. Equipment 1. Bobcat S250 2. Husgvarna K3600 MKII Hydraulic Ring Saw 3. Sch►lving P88 Concrete Trailer Pump Page 1 of 2 18 . Projects > $ SOO,OOO.00 1. USCG Upper Keys Housing - $840,000. — Viteri Construction Management-757.873.0406 2. FKCC Student Housing - $535,OOO. — SiKON Construction Company - 954.354.8338 3. El Rancho Motel - $505,OOO. — DL Porter Constructors - 941.929.94OO 19. a. No h. No C. No d. No e. No f. See attached g. See attached Page 2 of 2 BELLA CONSTRUCTION OF KEY VILEST, INC. FINANCIAL STATEMENTS December 31, 2010 NILESGHT & COMPANY, PLLC CPAS & FINANCIAL ADVISORS BELLA CONSTRUCTION of KEY WEST, INC. TABL of CONTE TS PAGE ACCOUNTANTS' COMPILATION REPORT FINANCIAL STATEMENTS Balance Sheet 2 Statement of Income and Retained Earnings 3 Statement of Cash Flows 4 SUPPLEMENTARY INFORMATION Schedule of Contracts in Progress as of December 31, 2010 Schedule of Contracts Completed as of December 31, 2010 6-7 ACCOUNTANTS' COMPILATION REPORT To the Stockholders Bella Construction of Key blest, Inc. Key West, Florida We have compiled the accompanying balance sheet of Bella Construction of Key vilest, Inc. (an S corporation) as of December 31, 2010, and the related statement of income, retained earnings and cash flows for the twelve months then ended, and the accompanying supplementary information, which Is presented only for supplementary analysis purposes. We have not audited or reviewed the accompanying financial statements and supplementary schedules and, accordingly, do not express an opinion or provide any assurance about whether the financial statements and supplementary schedules are in accordance with accounting principles generally accepted in the United States of America. Management is responsible for the preparation and fair presentation of the financial statements and supplementary schedules in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining intemal control relevant to the preparation and fair presentation of the financial statements and supplementary schedules. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements and supplementary schedules without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements and supplementary schedules. Management has elected to omit substantially all of the disclosures required by accounting principles generally accepted in the United States of America. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company's financial position, results of operations, and cash flows. Accordingly, the financial statements are not designed far those who are not informed about such matters. The Company, with the consent of its shareholders, has elected under the Internal Revenue Code to be an S corporation. In lieu of corporation income taxes, the shareholders of an S corporation are taxed on their proportionate share of the Company's taxable income. Therefore, no provision or liability for federal income taxes has been included in these financial statements. Nila, ki k� * Cjm�eAn I AL C Niles, Kight &Company, PLLC Certified Public Accountants March 15, 2011 BELLA CONSTRUCTION OF KEY WEST, INC. BALANCE SHEET December 31, 2010 LIM Cash 18117 Acam is raxMde, net d aHowcme for doEutffUl accounts of $D 462,746 Costs and t=wumeu eamwtgs in ems of bilkng on uncorrpleted 18Q952 0tw current assets 8,3W Total current asq P t 570,120 Phoperty and equFmt - net of $46, 125 dep+edation 362,811 char - Tatai assets $ 19032,931 UABUTIES STOCKHMDUS ECMW Acooutts payable and aocnied liabi�ies $ 313,514 BitGngs in e�aoess of costs and estirrrabd earnings on tnoompWed oontrads 84,054 Currert portion of Img term debt 87,542 Current portion of capitalised leases 85210 Totai curent liabilities 570,320 Notes payable 131,392 Capital lease obkga4ons 137,197 Less -.Current pofion of deb and lease obGgatrons (172,752) Ta�tal long term debt 95,837 Toni 1labilides 665,157 StwJdWdeW sty suck, 1 per ►ra kA 1 , 000 Mares auftrized , issued and outstanding 11000 Add D iW paid h �I 3840 Retained earnings 327,554 TOW stocldfoiders` equity 3661774 Total iiabli�es and ders' equity $ 110032931 See accountants' compilation report.. r BELLA CONSTRUCTION OF KEY WEST, INC. STATEMENT OF INCOME AND RETAINED EARNINGS For the twelve months ended December 31, 2010 Contract revenues $ 31825,007 Coast of contract revenues 311 0O, 3 1 2 - Gross profft 725,695 General and administrative expenses 350,777 Depreciation and amortization 40t385 Total expenses 391,163 Income from operations 334,532 Other income expense: Other income 15.740 Net income 350,272 Retained earnings (Deficit) -beginning of year (14,790) Dividends (7.928) Retained earnings -end of year $ 3278554 See accountants" compilation report. 3 BELLA CONSTRUCTION of KEY WEST, INC. STATEMENT of CASH FLOWS For the twelve months ended December 31, 2010 Cash flows from operating activities: Net income $ 350,272 Noncash items included in net income: Depreciation and amortization 40,386 Provision for bad debt - Changes in assets and fiabdities: Accounts receivable 264,079 Costs and estimated earnings in excess of billings on uncompleted contracts (1 22,84'1 ) Other current assets (315) Billings in excess of costs and estimated earnings on uncompleted contracts (144*033) Accounts payable and accrued expense (174,858) Net cash provided by operating actinides 212,932 Cash flows from financing activities: Dividends paid (70928) Proceeds from loans 81,648 Repayments of notes payable (2081I 3 Net cash used by financing activities (134,346) Cash flows from investing acttvlties: Purchase of equipment (781819) Other - Net cash used by investing activities (78,819) Increase In cash (33) Gash, beginning of year 1 8,150 Cash, end of year $ 18,117 Supplemental Information: Interest paid $ 13_1358_ See accountants' compilation report. 4 SUPPLEMENTARY INFORMATION NILES, KIGn L Co M PANY, P L LC C3 CL z 0 V6 W J I 4 a 04 LL e+l LO C E V C C kiiL V) CV 75 O U W CL 2 0 LL w gas J #`` ri tti �t rt cti o �i ti to vi r�i ¢f ,r= ,r= Cif m N r rt m ni ry rn co Ili L"1 ' !G co S 4 1�' iV tfi 4 Y7 i rt r 0 % (D r Ni V-G T L'"i f� f� /" "Q f� O� r 1A Hi f� r h► IV W C+f T (IDC4i�f r C4T rt r ry T r f` CV a v try M 0 w NW 0 i�t 1i4Q ��1Di ih f(�D Cpi � N N 0 C4 a) N N � to W Ls'i 0� 'et t�'i O� f� 1i7 ti 8 2 !+f ti 4! Qi S'i rt Cwi t� m � t� T b tli N W CV f� r W T tD tD o�► r m m 1 0 CV � tV' 0 N iO �"! r f- tb CG CA CO t+f f� W r r V- M r w o r r T ai N r� r r r T s-� r ��N++ 'fir N a Ixw kN� CV)f. r go t+i M1 SEE I r � � F� _ cl, T wi 0 0 � j [V CNF T r r C LU a actf, V) to 1A �? ill ~ r 0) CA Q N LA co W ti rt n C r r r N a 1� � GO V � C � � 9 v !si � � N rt C] !r ti a ODD 10* 0 .+. a tD N � r as tV C4 W; t� V eri as 0 � r 0 t; t+i f� aii CA vi el N co �. T rre T �ii R7 T r 15 U. S 2 I I � 19 a x � 8 � � CQ v T f� [�7 C4 C4 e+f � M] N to r- N 6 t"' ep to ' r f` O to N vi r r N r tl] r r [ri T tr] m tp f1] en r r Q r 0 v-ID 0 9 N if) C $ 8 R'i h 6 1 r V f4- 1 fo � Ign tv* , m 'ef 07 i7 Oct C� 01 P't %a r o to f� to m W r io � to vi m tc Of rt N �y+y � !H m � CcW Qf T n tQ N E Sig LL � � ... W Q 0 "�� _ sir o _� t t tyy s r N M ��syy lqrt s 6 s s r s e t e s tG!w F s s gyp+ s F r s ► t t �p F mt [V N tV N N Cat �i rA N N A 9 A IC-4N n E N�� N P N'(1-4 A fY 0 04 QJ 75 �3 0 0 z w w 3e LL 0 z 0 F- M H z 0 W CD zA V W tu- �j 2 0 LL 0 ❑ LU CO 9 C w 0 .20 N 3 Eg 0 U. r0 A ... � aci rr► c�i rt o v rt r: +D a � T T Co d ai r N N W C3 rt 48n two OM AM I'V'- co J •.r r N N to a v 0 yr r. NNm C4 (00 � r: ni •t od o ro Y= u� aQ rt ti �ry rt N N N lzm� 0c r Co M rt rt � w tq ac a u ago u �..�P-�a 20 a ap t wcr r r � r r ► � e t t s t N N N N N CV N N P- z 0 ZMOU 0 J V) LiJ z W cc LU LL W F� z LU .,.j u r� rll 0 lD � r-i Lo re)I D Q mr—I Q r-i 00 r� LD �7 Lfi ri r%� r•� Q r-i 04 (3) m M Q1 "� !� C• Lr) Itzr ¢ < Q Q d� Q M C) --"f z Z 0 M z a M 0 M z z 0 r� r� cat lD Or1 m lD Q Lp Q Q tV Q M Q tD C• C• Lrn 0 rw Q Q cn rt rm Q n an - (N an ry inr- nt 00 o` n ry rm• 00 � ry r• Lr) 0° ? = c m 0 m 0 M 0 M c m ; r• 0 M z v a) 0 � . 4-; d � LU LU to 0 � d z d 3 LU d ❑ d w ❑ Ln d m 0 a to a —U d > D w U 2 L3 0 m W Ln� 0 = W Q ❑C d (D z � d a z W a ❑ d LU Ln� Q (D (D z 0 = un w LLJ W 0 � U 0 �c d > U w 0 w a, a- w 00 � L� z -- W_ w LU ❑ D 0 V) a d Lu cc CC LD z J Ln d N dQ) z < c d _ o 0 D v ra tin w u L. , cuu (U J 0 ■ z o °C W � z d 2 = Q d=� = Ln z 0 Ln co 0 _z E C. a J Q V d u w w Z 0� U o�_ CSC CL Ln a V z o V = a Ul cr- o z z 0 U D z o u z 0 u to z� 0 `_' w > z wLf)� w Q z d Ln z = z V) J Z) 0 ❑ J < V � � a u z d w U 0� n d W _ (D o 0 z = w F- z z a V D V) z � z cr z 0 z a r_ W r Lu F LULU J m Q � z a o d n m z d 0 z c Z) ❑ W _ W Ja L1C w ~ d J LU w z Q cr o z Q z d w 3G Oi z V a� 0 CIO c co v F � t I ,V A L z o 0 u i u 0 t -c �+c d Ln tD Ln 0 0 r-I r-I 0 Ln r-I 0 c-4 d` 0 M 0 0 w M tD r-4 rr 0) 0 Ln W r4 0 Ln Ln ct Ln M W r4 W oD to oo cri 4 1,6 wt� (.6 w m rI Ln m m m vo m L 4!Zr � C-4 � U1 ui Ur Li Ln, Ln, Ln, U1 D D D D 0 0 0 Ln 0 m m m m m m m C� m ra +-j � ca �- �'- C aj � Z •� V [Q ra L 0 co r-I-I m m U- u' oo Q r I r-+ rI o cn { L- A vi cu � 0 Mr-4 0 Ln 0 r4 J UL 0 � w � 0 Ln m m J LL E ono � 0 Q 0 0 0 n ,. j L." a0 )E V) C v WC 0 r-4 0 0 n J LL 0 L C o 0 r-4 0 0 n LL � +-J �- W 0 m J t- a) m w Li Lin Ln J U- � 0) CQ i.. o Ln 00 r-4 a. Ln r-4 e-� r-4 Cl d' r-4 x a) " C U 0 :>: Cl V) 0� "'C M: 0 U Q 0o+ L E J 0 m a.� C = V a--+ E __ — m C r� C aj of SECTION G DISCLOSURE of LOBBY ACTIVITIES Certification of Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants and contracts under Grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 317 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: I moa4 ontractor's Authorized Representative Dated: 10.12.2411 BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_23 KEY WEST INTERNATIONAL AIRPORT SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum Signature Gate No. 1 10.11.11 Bid DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-24 KEY NEST INTERNATIONAL AIRPORT lr ;11 '11 12: SSPIT UR" Corporation 614-621-5069 P. 01 inks DNI—F": October 11. 2011 277 West Nationwide Boulevard CoIutiibus,, 01-143: 54,5(�)6 To. Ptease see Distribution List FROM., Jim Singeltary / URS 1" I ts: Plmie sm Distributiofi List SUBJ ECTA- Key West 1111emiitiort-al Airport New Baggage Elevator #4 M X NW, Please see Distribution L ist CC Bid Phase Requests for Information Attached please And the Bid Phaw Requests for Information for the above -referenced Pr'��'0=t- Distribution List i Bella Construction of Key West fnc, Fax: (30 ) :?9,2T9880 `9 %j 1.4.2 It A U,ter Fax. (800) 581-7204 _ _ t Fax. (866) 5 70-818 7 a,. (239) 939- .33 ; , t Fax, (888) 26.E-7801 Pedro Falcon Electrical Contt .ctors. Inc. Fes: (305) 872-24-t'02, 19 Fax: t ? Fax (305) 267-1899 x) The Morgano Group, Inc. Fax: (561) 689-13 ,13 s) Tbe W11itng-Turner Contracting Company r`ax: (954) 776-0797 e-, tt(CA 10!11;11 12:58FM URS Corporation 614-621-5069 Bid Phase Requests for In%mnation Key West International Airport New Bag, gage Elevator #4 Date 10/1 t!t t P.UZ URS .,jrC1xirec.=tr4raj & Eiiginerr•ing Services 277 'must Natioowidc Boult►-1rd C k)1timbus, OH 432 t 5-Z566 hacsinlite. (614) 464-0s8 1. is the new Electrical panel tie into panel in the Generator Room? Yes /2. Dm the new sprinkler tie into existing? Y cis /3. Does the elevator shaft require AC and Ventingg? ' € f: 4 ' V S11af ��em x� 110i required � l=�� 0� � Ie tivar, �-�t_��r`res'O AC �� t. :ded I6r the in,ot; t le room ( 'N' 'Sting in -Place). 4, Are there provisions for a second floor emergency exit from the secured, fenced area. - What kind of door? its �t�c�t•t it��tit t with the Airport Securilt rFeani, a ckkn fink pAortitloil is to be Pt-tYvick-.(I grate soot it of tile e'Nit door to suri ir` S 102 ■ The airl)()a will [vovItiic a locking 5, Concrete placing time?. Per A STM C94 (Spec ;.twt.•600 01 C-0111'MCS of tk SCCUred I)CMIlctel,_100, � _ 1 �� 011C t cle M iX i 11g. 111 a(l(1 tt i oil, Ekit1� i:l tile t�c:� ` • t i t ct with the ; � I rp ; �t� c�ct -c;�..�:;t Ivt), c�t)nci•et:c c:.t#1 Ile f�jkri:c�� itt �� t i�tl� . � f t;c�t�cr to �-�I��:�� r qi,� I1��' con-ructicnn activit- �� y(jt)(i tj)e 4ectzr It''' Fenc:in tbat %;;ep rr rates the ,BOA frolla no ll--Sec`s- nE a Y �- a t or if such activity 1,nipedes airlm-tc t`cftiO11 ;t (IiM bIc. art`angeinents wii I Bey nla d e, t r ti t� i r t i r ci Vei 1e '.-Iccttc.jt t ar t t c c: ac:tivitj.es, dt-) iic-)t Inter1'eve ��: it'll t� i rjx)o open( MATS, 6. Elevator Ddivery Time? Nlt,tiiltfitcttjhng t ,ead *I'inte 0- 11 Nveet4S ( IIle tt) r)e I i v ery) fro III r e-u-c.TI cat f)r1)1)1QIL5�t With iri t1io c-on fi iie. , o f tine sec_ttre�i perimeter its, ciNorcliiiateci vvIth (ht,, A 1rpo rt' s c1c vriI 'Fesm and Projt�ct Rei re-s-etitn ive, delivery'rjcj. tic: OCCUT. at ally tinier. if (106.,c ry Ind irist-1111ation of -the efc vator equivillew t`egtl il•L� yr tt`it�:ti t� 4'tc:[ 4tv tlic se-curitw fenc:itIg t.it;tC areas or if that ac:tiVitV iltti7e(les suitable Will be inad,::for 6111ing, ziad vefil le acees.k; such th,tt 10 11 /11 12: 58PM URS Corporation 614-6.21-Sa69 P.03 7.Sect-Ion 20-02 of the General Provisions requires that the bidders submit a "...confidential statement or report of bidder's financial resources and liabilities..- Please advise how Monroe County keeps this financial infomiadon confid+ ntial. N40Ar•OO ('Or,rMV d0e,`� WX and cannot keep the its formatio�t) "Co tl 1 iclC.r1t xa F, 'HIC C i's no exemption in the public recordsst)fute lhat'�vould allow the CoLlilty to keel) itl tOrimit"oll 1'el �ted too t�#ct�t f.' lit��ttl�`:al c.Y- and I i,r b i I it ic"!-, C«n f iCtet)filitl 8. Will there lie a Mutual Waiver Cif€ onsequentiai Damages in the Contract With the, successfuI hidden? The Contract inchides eno provisions lc l- a Muttittt `Valuer of' Conr equemUfl 9, Item 24(a) M the Instructions to Bidders refemnces work, to bt, perfo nned by the Contractor with his own organization. is there a spec ifi self -perform recI irement n the project and, if so, what is, the percentage of the total contract amount? hertc is 130 self per��`ormanct� rc%gtrirement for this project �ct 0. Vart 1.2,,B ofSeQfion 0 1100 of theSpecifications states there are "Bidding lnstnictionsq contractual arrangements, and other Division 1 secf ions provided by the Constructiotl Manager, l organti. Is Morganti the construction manager on this project? This i<< r1 (v P(.),;r;vhic i)l errt,Jr. N:o hell()r'mai(m Nvill be provided by N-lor 1,ant.i .yid thee, no ('onsil'uL'non M,Mui1: or tat] flit 'tab, I . Detail ot7 Sheet A t - l states that the = x "6isting overhead HVAC unit to remain ir1 place", During the pre -laid walkthr•ough it was indicated that this unit may have to be relocated from its current location. Please advise. ,A,nv- re.(1izirc,mer�t tc:� �-�14��<rt� t1�� tinit� vvill be dictated ��y the specific ��gtii�`efncrtt.N or t is elek'Alfl,01, IMIC.11ine room e(Ju€1):iieW provided i)v the selected elev;.;tor- matm1"0.c:wrc r_ JT1 tile. eVerit that the final niachitle 1,0111M Invoul cif_}es not interlore �,vith the propLIr- 0;)t�alioll of the: ex islin HV A (` irrt it. tics rclo at oii Nvi i l tie require. if t liat iayout i iiier f"eres �k it ll Ow caperat ioll of that unit, the ('ontractor rn ti st c:oc i,di note that re iota. t 011, Pr,c:s lde 14:ibor %--md III;Iter'ials ltt:' s'sittry io t-elocii1c the unit III a sultLlble locatloll to ensure prop r performance of dle unit. 12. Demolition Note I on Sheet A l -i states that previous construction indicated a future elevator pit was to be Installed in this area. Please verify that all bidders are to inc ludo the cast for subsurface foundation exploration and the cost for the new elevator pit as indicated. The I)I-estimphofT is; that no cle-vator pit e.%Jsts. All hidders %ill,e t(:) i� OIIde- tile- provision of the rirtt-i�� pi'1rt1i1IL* and tt�}t.mdation (,md fi:mrtdat.ion %vor k indicated oil the S"iI'tictural Dra%xfii�s. In lbe event th'it e�� idc.ii e of a lit: is di c:�: V c�'t;� tttsrin : t# 't:�t�t', {_� tl rttgV1ir tI id e t-noIItiort of t I i c exiwtinfIoov s I a 1,1 1-1tI-ZI t��t #ti tc� ZtkJXJi Q tt-r�� Representtrtive. t #` 01=it pit proves to be- suitable mid Ztl)P1-0JYi,-AC (leCttrt: OVC chan'L)o order request will liar Prepared by the ('ootrf,i .too, amd an ccltritahle `t- i11 111C. �c:opc: and c:oninic:.t imi(jum Nryill be rr RdC by t"lisrrrs.re Order. r v. SECTION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (As Required by division III, Section 150 of the General Provisions) DBE Subcontractors Names/Addresses/ld a ntit N/A Subcontract Work Item Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid N/A Total DBE Percent (Round to nearest 1/10 percent) Dollar Value of Subcontract Work N/A $ N/A $ N/A N/A % *(Black, Hispanic, Asian American, American Indian, and other economically disadvantaged) NOTE: Also, the bidder must include with the bid proposal fully completed the Attachment 1 — "Disadvantaged Business Enterprise (DBE) Utilization, and Attachment 2 "Letter of Intent", shown on Division III — Section 150-07 "Other Contract Provision. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 I--25 KEY WEST INTERNATIONAL AIRPORT SECTION J BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.54, FLORIDA STATUTES) STATE OF FLORIDA ) )SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared EDGAR G. BRASWELL IV who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of BELLACONSTRUCTION OF KEY WEST, INC. (Name of Bidder) being its PRESIDENT (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1 . The full legal name and business address of the person or entity submitting this bid: BELLA CONSTRUCTION OF KEY WEST, INC. 111 US HIGHWAY 1, BOX 110 KEY WEST, FL 33040 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub -part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-26 KEY WEST INTERNATIONAL AIRPORT the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be summarized below: Trench Safety Measure Unit of Unit Unit Extended Measure [want cost Coat (Description) Quantity (LF, SY) A Klwsympkt cavf�vn so= "Zo+ 2,o cx:> C D TOTAL: Is 4 0 e 7. i(,c Signature of Authorized Representative: PRESIDENT 10.12.2011 Title Date STATE OF FLORIDA COUNTY OF: MONROE The foregoing instrument was acknowledged before me this 12 day of OCTOBER 2D 11 , by EDGAR G BRASWELL, IV - BELLA CONSTRUCTION OF KEY WEST, INC. (Sole, Corporation or Partnership) who is personally known to me or who has produced as i en ication and who did did not take an oath. (Signature of Notary Public, State of Florida at Large) RACHEL BASHORE (Print name of Notary Public) My Commission Expires 12639329 08/39/11 11238 5.14.14 .��yfifllf�� RAGHEL BA%M r MY COMMISSION # DD 979254 ,a4 EXPIRES: May 14, 2D14 Notary.'e "I Ilk r#erwriters BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 1_27 KEY WEST INTERNATIONAL AIRPORT SECTION K 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 with Bid, Proposal or contract No. AI P: 3-12-0037-043-2010 for ELEVATOR FOR BAGGAGE MAKEUP AREA, KEY WEST INTERNATIONAL AIRPORT 2. This sworn statement is submitted by BELLA CONSTRUCTION OF KEY WEST INC. (name of entity submitting sworn statement) whose business address is 111 US HIGHWAY 1, KEY (NEST, FL 33040 and (if applicable) its Federal Employer Identification Number (FEIN) is: 27-0952862 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: NIA .} 3. My name is EDGAR G. BRASWELL, IV and my (please print name of individual signing) relationship to the entity named above is PRESIDENT 4. 1 understand that a "public entity crime", as defined in Paragraph 287. 1 33(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 anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287. 1 33(1 )(8), 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 1, 1989, as a result of a jury verdict, non jury trial or entry of a plea of guilty or nolo contenders. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-28 KEY NEST INTERNATIONAL AIRPORT 8. 1 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 crime. 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 38 months shall be considered an affiliate. 7. 1 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 an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x 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, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 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 an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing BID DOCUMENTS 2639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_29 KEY WEST INTERNATIONAL AIRPORT Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: PRESIDENT Title COUNTY OF: MONROE The foregoing instrument was acknowledged before me this 12 20 11 , by 10.12.2011 Date day of OCTOBER EDGAR G. BRASWELL, IV - BELLA CONSTRUCTION OF KEY WEST, INC. ._........ ........ _.... ............................... - (Sole, Corporation or Partnership) who is personally known to me or who has produced as identification an who did/did not take an oath. �_ I va" lqm (Signature of Notary Public, State of Florida at Large) RACHEL BASHORE ......... .......... ................. .... (Print name of Notary Public) My Commission Expires 12639329 08/30/11 11238 5.14.14 �`�1a1li(�if B�E ! Y C tSSt�hl # I)D 979254 pIRES: MayP.es ?��rs rr Of BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 I-30 KEY WEST INTERNATIONAL AIRPORT SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE EDGAR G. BRASWELL, IV / BE LLA CONSTRUCTION OF KEY WEST, INC. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 1 D-' 999 or any county officer or employee in violation of Section 3 of Ordinance No. ' o-1 999. For breach or violation of this provision the county may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former county officer or employee. /7 � (Signature) Date: 10.12.2011 .................... STATE OF: FLORIDA COUNTY OF: MONROE PERSONALLY APPEARED BEFORE ME the undersigned authority: EDGAR G. BRASWELL, IV . ....... who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 12 day of OCTOBER 12011 (Signature of Notary Public, State of Florida at Large) RACH EL BASHORE (Print name of Notary Public) My Commission Expires 5.14.14 2 ] E.�CP1RF5: Fubtic=E��ers ;, ... Bwd d Thai BID DOCUMENTS 2639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-31 KEY WEST INTERNATIONAL AIRPORT SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES Contract (As Required by Division III, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion: or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. Sign ure of Contractor PRESIDENT Title BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_32 KEY WEST INTERNATIONAL AIRPORT SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 10/29/2010, Construction Type: Building, if that is the latest list issued for Monroe County. BID ❑OCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_33 KEY NEST INTERNATIONAL AIRPORT GENERAL DECISION: FL20100162 10/29/2010 FL152 Date: October 29, 2010 General Decision Number: FL20100162 10/29/2010 Superseded General Decision. Number: FL20080162 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 03/26/2010 3 10/29/2010 ELEC0349-003 08/31/2009 Rates Fringes ELECTRICIAN Electrical contracts including materials that are over $2,000,000.........$ 29.61 8.71 Electrical contracts including materials that are under $2,000,000........ $ 27.15 8.44 -----------------------------------------------------_---------_- ENGI0487-004 01/01/2010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity ....................$ 28.05 8.75 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under .......................$ 21.00 8.75 ---------------------------------------------------------------- IRON0272-004 10/01/2006 Rates Fringes IRONWORKER, REINFORCING AND STRUCTURAL .......................$ 26.70 6.43 -----------------___---_--_--__--_-__----__-_-----------_------- * PAIN0365-004 08/01/2010 Rates Fringes PAINTER: Brush Only .............$ 16.00 6.20 BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-34 KEY WEST INTERNATIONAL AIRPORT ---------------------------------------------------------------- SFFLO821-001 01/01/2010 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 26.80 14.30 ---------------------------------------------------------------- SHEE0032-003 01/01/2009 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation Only) ...............$ 24.42 11.36 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER ........................$ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER...$ 12.45 0.00 FENCE ERECTOR .................... $ 9.94 0.00 LABORER: Common or General ...... $ 8.62 0.00 LABORER: Pipelayer..............$ 10.45 0.00 OPERATOR: Backhoe/Excavator..... $ 16.98 0.00 OPERATOR: Paver .................$ 9.58 0.00 OPERATOR: Pump ..................$ 11.00 0.00 PAINTER: Roller and Spray Only .............................$ 11.21 0.00 PLUMBER ..........................$ 12.27 3.33 ROOFER: Built Upf Composition, Hot Tar and Single Ply .......................$ 14.33 0.00 SHEETMETAL WORKER (Excluding HVAC Duct Installation) .......... $ 14.41 3.61 TRUCK DRIVER: Dump and 10 Yard Haul Away ...................$ .--------------------------.-_----_- 8.00 ------ ---_----------- 0.15 -------- WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_35 KEY WEST INTERNATIONAL AIRPORT the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)) . In the listing above, the "SCE" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis --Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution. Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-36 KEY WEST INTERNATIONAL AIRPORT (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7 ) . Write to: Wage and Dour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any .information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_37 KEY WEST INTERNATIONAL AIRPORT SECTION G CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION .49 CFR PART 29 (Version^ 1, 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 6t�� OSigna re of Contractor Title PRESIDENT BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_38 KEY WEST INTERNATIONAL AIRPORT STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L10060700785 DATE 13ATCHNUM13ER �LICENSE NBR 06/07/20101'098172718 JCGC1518284 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the Provisions of Chapter 489 FS. Expiration date: AUG 31, 2012 BRASWELL, EDGAR GEORGE IV BELLA CONSTRUCTION OF KEY WEST INC 111 US HWY 1 8OX 110 ROCKLAND KEY FL 33040 CHARLIE GRIST` CHARLIE LIEM GOVERNOR INTERIM SECRETARY ELEVATOR FOR BAGGAGE MAKE UP AREA, KEY WEST INTERNATIONAL AIRPORT WC: A A A Q:rr-' I 9=1 Mg:h fat: 130n 14'V %A 1=3: PROPOSERJBIDDEWS INSURANCE AND INDEMNIFICATION STATEMENT !N�SQRANCeE REQUIREMENTS Workers Compensation Employers Liability General Liability, including Premise Operation Blanket Contractual Expanded Definition of Property Damage Products and Completed Operafims Personal Injury Statutory Limits $100;000/500,0001100*000 $300,000 Combined Single Limit Vehicle LON* (Owned, nonowned, and hired vehicles) $100,000 Combined Single Limit INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal inJury, and property darnage (including property owned by Monroe County) and any other losses,, damage, and exper*e-s (tnc1udhg attomey"s fees, wurt coM and expenses) Which anse out of, in oonnacWn vOth, or by reason of services provided by the oontractor or any of its Subcontractor(s) in any tier, occasio� by the negligence, errors, or other wrongful act or omission of the contmctor or its Subcontractor(s) in any tier,, their employees, or agents. In the event the completion of the project (to 'Include the work of others) is delayed or suspended as a resat of the Contractoils failure to purchase or maintain the required insuranoe, the Contractor shall indemnify the County from any and all increased expenses ,resulting tarn such delay. The first ten dollars ($10.00) of remuneration paid to the contractor is for the Indemnification P *ded for above. provided The extent of liability is in no way limited to,, reduced, or lessened by the insuranoe requirements contained elsewhere within this agreement. ELEVATOR FOR BAGGAGE MAKE UP AREA, KEY WEST INTERNATIONAL AIRPORT A I = 92-r' A A A r"A==i I 1=t CIC: 926 1F)RQeQSEM.1QQER2s SIAT—E.MENT I understand the insurance that wiff be mandatory if awarded the contract and will comply in full with all the requirements. too Pik. Cael ru&IC4-1 CAC S nature Proposer/Bidder 1(00� N a U R A b LC E. A G E NT.,* S -, S IATEMENT I have reviewed the above requirements with the bidder named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liabihty policies are 0="nce Insurance Agency Claims Made Signature END SECTION 00110 OP ID: PR tMMrt�DmrYY� CERTIFICATE F LBALTY�1SLJRAhE DATE0 /27/11 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 policy(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 endorsements). PRODUCER CON94-51-2220 NAME, CT Gulfstream Insurance Group Inc 954-5-073 PHONE FAX P.O. Box 8908 (A/C, No Fort Lauderdale, FL 33310-8908 E-MAIL David Arch ADDRESS: INSURED Bella Construction of Key West Inc 111 US Highway 1, Box 110 Key !Nest, FL 33040 COVERAGES CERTIFICATE NUMBER-- PRaDuCER BELLA-3 CUSTOMER ID S. INSURER(S) AFFORDING COVERAGE INSURER A : Seneca Insurance Co. INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : REVISION NUMBER: 1 _-- NAIC # THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING 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 LTR TYPE 4F INSURANCE ID ^^_�.____.�^f POLICY NUMBER POLICY EFF MIWDDIYYYY POLICY EXP MMIDDIYYYY V f^ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A XC COMMERCIAL GENERAL LIABILITY J CLAIMS -MADE OCCUR X SGL3100924 02/08/11 0210$/12 $f- - '--- 50,00 $ Exclude MAGE TO RENTED PREMISES Ea occurrencs ME❑ EX (Any one person) PERSONAL & ADV INJURY $:000,00 GENERAL AGGREGATE $ 2,000,00 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG ____.�_ $ 2,D0D,00 -I POLICY �( PRO- LOC JECT _._._._ _-. I � AUTOMOBILE -- LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ -- ANY AUTO BODILY INJURY (Per person_._-- - ALL OWNED AUTOS ^BODILY INJURY Per accidents — SCHEDULED AUTOS HIRED AUTOS $ ........ PROPERTY DAMAGE (Per accident) NON -OWNED AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE 1 { EXCESS LIAB CLAIMS --MADE $ # DEDUCTIBLE 4 $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNERIEXECUTIVE V11C STATU- TH- TORY LIMIT$ [ _� ER $ E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N 1 A - (Mandatary In NH) E.L. DISEASE - EA EMPLOYE $ If yyes, describe under DESCRIPTION OF OPERATIONS below ` _— E.L. DISEASE - POLICY LIMIT € $ j � 3 DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more spare Is required) General Contractor - Concrete Construction Certificate holder is additional insured with respect to general liability. CERTIFICATE HOLDER CANCELLATION MONROE2 Monroe County 1100 Simonton St, Key Kest, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ELEVATOR FOR BAGGAGE MAKE UP AREA, KEY WEST INTERNATIONAL AIRPORT PROPOSERIBI DER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Co!`wensation Employers Liability General Lability, including Premise Operation Blanket ContracWal Expanded D f nition of Property Damage Produd* and Completed Operations Personal Injury Statutory Limits $10010 l5 ,( /100, 0 $300,000 Combined Single Limit Vehicle Lobility (Owned, nonowned, and hired vehices) $100,000 Combined Single Limi# INDEMNIFICATION AND MOLD HARKESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS The Contractor covenants and agrees to indemify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodlly Injury (including death), per octal injury, and property damage (including property owned by Monroe County) and any other losws, damage, and expenses (Including attemey's fees, court oosts and expenses) which arise out of, in connecWn with, or by reason of servki es provided by the contractor or any of is Stil rrtractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the wntrador or its Subcont dbgsj in any tier, their employees, or agents, In the event the completion of ft project (to include the work of others) is delayed or suspended as a result of the ntrecto(s fallure to purchase or maintain the required insuranoe, the Contraoor shad indemnify the County from any and all increased expenses resuWnq fr+orn such delay. The first tern dollars ($10.00) of remuneration paid to the oontractor is for the kWernnification provided for above. The extent: of liability is in no way limited to, reduced, or lessened by the insurance requirements nWnsd eKewhere within this agreement, ELEVATOR FOR BAGGAGE MAKE UP AREA, KEY WEST INTERNATIONAL AIRPORT MCNIOSERIBIMERS STATEMENT i understand the insurance that will be marxiatory if awarded the contract and will comply in full with ail the requirements. ape'] Proposer/BidderXW.. � 6,p-s4, Signature INSURANCE AGENTS STATEMENT f have reviewed the above requirements with the bidder named above, The following deductibkm apply to ft corresponding policy. POLICY DEDUCTIBLES Oq Kq 00 (-am are I)eI A. ' I I * Liability Poficies a 0ocur'renoe Claims Made Signature i END SECTION 00110 KQW.. CERTIFICATE OF LIABILITY INSURANCE DATE 0101101KIM) 9/23/ 11 PAQMCCR `THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MI Group Ins 1 Allstate Insurance Company ONLY AND CONFERS NO WOMTS UPON THE CERTIFECATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR $0 N . Homestead �hr ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hem teal, FL 33030 INSURERS AFFORDING COVERAGE Iw$uE>a INSURER A 6eila Consvuclion of Key idlest INSURER & 111 US Highway I Suite 110 44S1. FWR C: KI Wost, FL 3300 -._-_.. _.. INSLIRER E: Ir0i r-RAI1Eft THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. hiO'I`YWITHSTANDINfo" ANY REQ01REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER D UMENTT 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. AGGREGATE LIM TS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAMS. iiA POLICY #ii,IMp Ft P�Xr EFFECTIVE POLICY EX]PIMTODN I TS GENERAL LIABILITY EACH OCOVA NOIE C AWIERCL iL GENERAL LIA8& TY FIRE DAMAGE Larts *a $ CLAP ► S MALE =VR l 490 I xP.(AM or* pwim) s � _. PeRSCNAL. & ADV INJURY GEP*RAr, AOOHEOATE $ GEM'L AGGREGATE LIMIT APPLIES MR: I P#��CT$ - CCMPIOP AGG-1 .. 4 LIG`f PRO- L] Jkcr LAC L] ►IJT4MMLE LIAi ,?'fV LIMIT ANY AUTO � U 3/20 t 1 0 3/201 2 �SINGL.E ECOMBINED It � 1,I00, 000 EKbE.Y INJURY A1.4 OVA40 AUTOS A KWEMLED AUTOS (Paw par W) ALLY INJURY 9 HIRED AUTO TIE KW-Q"IkD AUTOS (Par eccdorMt) � PROPER I Y DAMAGE (Per swCi "t) GARAGE U AIIN." • AQTC ONLY - E4 ACCIDENT $ $ ANY AUTO — OTHER THAN EA ACC THAN�-.-.. AUTO ONLY' AGG $ EXCMM 4UMUM 9AACH OCCURRENCE $ 7 OCCUR F]"AIMS MADE AiG1GQATE _ T $ �► DEOLI�TiE,�,IR $ RF,7GNT" $ WORKERS GHAT" AND WC LIMIT' — ., TtiFiY LIMIT'S �iNPLOYERS' LIAIRL" ELL. EACH ACCIDENT $ S E14. INSEASE - EA EWLOYT: S E-I.- NSEASE - POLICY LIMITI OTH E R DESCRIPTKO 4'F OPErRATX)NWL.00A CLU$KW$ AOM BY SHOOFUNNUMISPECIAL PROVIIN014E Deducthles $5W Comprehensive 1$5W isio r, UM 1,000,000, Medical Payments $5000 CERTIFICATE HOLDER A0011XNAL wsumu: wsuwa � �rr�; . � CANCELLATION AN SHOLlt.D Y G3 ME ABOVE MWRMM POt KXS Be CAWIELLIW WORE THE EXPtRAT14M Monroe County10 �11 SIlrMonton Street DATE TI#REOF. TMMM4G H SUWR WILL ENKAVOR TO MNL DAYS VWfTTEN Key West, FL 33040 NOTICE TO THE CE-Kn ICATE H40UtflrR NAI" TO TK WY, OUT FAILURE TO DO 30 WALL wlm QWATION OR LIAIIM JTY OF ANY kIND UPON 71-1E INSUREK ITS AGENTS OR AT(kS. r A►CGRG 25-$ (7197) (b ACORD CORD ORAT*N 1940 ELEVATOR FOR BAGGAGE MADE UP AREA, KEY WEST INTERNATIONAL AIRPORT PROPOSER/BIDDER'S INSURANCE AND INDEMNIFICATION STATEMENT (NSURANCE�tEQU1REMENTS Worker's Compensation Employers Liability General Liability, including Premise Operation Blanket Contractual Expanded DefinWon of Property Damage Products and Completed Operations Personal Injury Statutory Limits $100, o00/50a, 000/1 O o, oa a $300,000 Combined Single Limit Vehicle Liability (Owned, nonowned, and hired vehicles) $100,000 Combined Single Limit INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damage, and expenses (including aftiorney's foes, court costs and expenses) Which arise out of, in vonnectlon With, or by reason of services provided by the contractor or any of its Subcontractor(s) in any tler, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to Include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ELEVATOR FOR BAGGAGE MAKE UP AREA, KEY WEST INTERNATIONAL AIRPORT PROPOSER/BIDDEI:'S STATEMENT understand ft insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. La -Reef (t C.-�' PropnserBidder � Lk/015 .{- j Tilc , Signature INSURANCE AGENT'S STATEMENT have reviewed the above requirements with the bidder named `above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES IIJC 4-00��`�''40 ^/a dedVC liOle Liability pofic'es are TOccurrence FZS .Insurance Agency Claims Made Signature END SECTION 00110 To. klwi4oe (1'XunA1y page 2Y 21 -ate �,Y S; .._ CERTIFICATE OF LIABILITY INSURANCE , `,x t kr, � T�FICA:7sE OL10EP fiS ��,,`EPTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtGH-rS UPON 'HE CEO i H --VI'VICA U DOES NOT AFFIRMATIVELY 08 NEGA-nVE'Y AMEND, EXTEND OR ALTER THE COVERAGE Ark DE By 'T f-I E P0 P EL Q VV, 'FHIS. GERTIFICKIE OP INSURANCE DOES NOT CON"TUTE A CONTRACT BE'7WEEN TmEl ISSUING INSURERi'S�;, AU'tHOR R L P r_'3 E NT AT I V E OR PRODUCER_ AND THE CEFM FIC ATE HOLDER. IS T , INAiVED, ,x- ,` APCORTAt-4, 1_4 th,* 'Certificate holder is on AWIMONAL INSURED, the pofitymu (ies) st be enSUBROGATION dorsed, It of tho policy, certain policies may require an endorsement A statement on this cerlificate does not C011'ef ho�(Jer in 40.0 of suctl qndorsemant(s) CC*ff ACT HAW, . ....... ... .. .. .... 53 3�041 213'4 -A C, N lq_Zl "'k jr INSURER C MSURER 0 j E .. ....... . ..... 0011ER AGES CERTIMATE NUMBER: 10FL0798077-74 REVISiON NUMBER, n `1, D, 5 in! FS CjF �N t,; UP A N rF L I S TE ( DW 4A VE 6 E E N 4��50 E 0 TO T", E i W, F n N A M F r) A —V F 1ri NlAN�' E- I ENTEFR C0*D1'T11F AN0IACT , RT C0 I'"T I> W4HNuc_� R 1UREM M OxN(_DN0Y GWFRC),ER , GtIEN JP ' --E AFFORDED 8,Y THE POUCIES DES11-'PBED HIEREf Y' 81zE '115��U$D CR t-JAY PEEPTkt4, THE 'NSUAANIel P CILIN?4TS SHOM MAY HAVE 13FEIN REDUCED 8*'f- 01 R,,� PAiD . .............. ... . . -- --- --- - _A001L POLKY "iP Pot,44C EfF W,yyyyk POLWY NLWBER LAI H W z L 1> t'!L" Of I Nl� y j y 7ir '1'7N77 WA-4 VI _y WILA A NC t:Mf_x[,01yF_. PIC," Lmpltllry le N FiL N A x 'AIC, IX 00 - a I R_ Oct 12;1,1!2010 12"34,2", iA' < . . . . . .. . . . . . . . . . . . . . . . . . . . . Locatton Coverage Patio - 1 1 " 2_ 0 310 12,"31,201, Chonl# P4 t r -,s�k `yf`v- fj G:It '�.1Sil.f z t + AeWioml Rvowk& 30,ad I of Kery Wes�t �4 y 33040 z C"FL-KrIF�ATE HOLDER CANCELLAT*N ........................ ..... ..... . . . .. . . SHT ULD ANY HE ABOVE DESCRIBED POL�UES 8i, (;AN t'J' - I j 0�� OOF OF K,1 , N 0 T1 C Vr,, iL A rrt I EXPIRATION 0ATE 'K�7;�4(1 ACCORI)ANCF WTh rf, if, Po't-IC Y r i , 1989-2010 ACORD CORPOPATION. AP r�� reservo(i, k__ -01) PAXn+akei`ax!5,---fve_ ��Cf S4P r� t o SECTION P NON -COLLUSION AFFID"IT I, EDGAR G. BRASWELL, IV , of the city of KEY WEST, FL law on my oath, and under penalty of perjury, depose and say that: ,according to "1 l am PRESIDENT of the firm of BELLA CONSTRUCTION OF KEY WEST,--INC. , the bidder making the hid proposal for the project described in the Notice for Calling for bids for: ELEVATOR FOR BAGGAGE MAKE UP AREA - KWIA and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signiture of the Bidder) STATE OF: FLORIDA COUNTY OF: MONROE 10.12.2011 (Date) I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein are true and correct to the best of my knowledge and belief. Personally appeared before me, the undersigned authority, EDGAR G. BRASWELL, IV who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 12 day of OCTOBER 20 11 foregoing document. Notary Public: L (-''� My commission expires: 5.14.14 `� �►rtti+re �. RACHEL BASIORE �}� EXPIRES: May 14, 2D14 ►+ tt +x ��• Bwded ThN NotaryP�'ic l irn�e wrf;1% -.. f BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1w39 KEY WEST INTERNATIONAL AIRPORT SECTION C PROPOSAL. AND SCHEDULE OF BID ITEMS S Contract BID To: Monroe County Purchasing Department 1100 Simonton Street Suite 1 -2 1 3 Ivey West, Florida 33046 BID FROM: The Morganti Group, Inc. 1450 Centrepark Blvd. Suite 260 West Palm Beach, FL 33401 Submitted (Date): 10/12/11 The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe County Board of Commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: ELEVATOR FOR BAGGAGE MAKE UP AREA Key_ West International Airport Monroe County, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached Contract Documents for the unit prices listed opposite each item. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/39111 11238 1-14 KEY WEST INTERNATIONAL AIRPORT (em (D -e- ( �5 - ;'o (I The Contractor shall complete the Schedule of Values included as Attachment `tA". The Schedule shall be added and the final total base bid amount will be: LIUv4jc�di TwA G4ThC*S&Sj &#%ol Zeno C^k Dollars (total base bid —words) It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as basis for claims by the Contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice -to -Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Bank of or a bid bond the sum of # t ot4� dollars ($ ~�" 0� made payable to the Monroe County Board of Commissioners. Checkmarks have included Division I which entails the proposal forms. Schedule of Bid Items (Attachment "A"). Bid Bond The Drug -Free Workplace form. for BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-15 KEY WEST INTERNATIONAL AIRPORT Prim Bidder's Qualifications: List of major contracts in past 10 years List of equipment and plant available for this project too' Copy of latest financial statement ,. Disclosure of Lobby Activities Acknowledgement of Receipt of Addendum Disad ntaged Business Enterprise Program DBE Utilization Form "Attachment 1 ", Division I II DBE Letter of Intent "Attachment 2", Division III voz Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a)3 Florida Statutes, on Public Entity Crimes Sworn Statement Under Ordinance No. 10-1990 Certification of Non -segregated Facilities ... Federal Wage Decision Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — 49 CFR Part 29 Co of Bidder's License for State of vidence of competency and Copy Florida,� p Y evidence of financial responsibility Bidder's Statement on Insurance Non -Collusion Affidavit (Checkmark items above as a reminder that they are included.) Mailing Address: The Morganti Group, Inc. 1450 Centrepark Blvd., Suite 260 Vilest Palm Beach, FL 33401 Phone Number: (561) 689-0200 14 Date: 1 D111111 Signed: Gerry Kelly (Name) Sr. Vice President (Title) Witness: Seal) BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-16 KEY WEST INTERNATIONAL AIRPORT ATTACHMENT "A" SCHEDULE of BID ITEMS ELEVATOR FOR BAGGAGE MAKE UP AREA BIDDER NAME: The Mor anti Group, Inc. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PROJECT DESCRIPTION: ELEVATOR FOR BAGGAGE MAKE UP AREA ITEM SPEC ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE I EXTENDED No QUANTITY NUMBERS TOTAL ELEVATOR FOR BAGGAGE MAKE UP AREA qCA�� AT - I Z p V D�►. r 1 Dollars LS�a AND 7,CKo Cents TOTAL BASE BID ITEMS I epoo. Payment for the work shall be made at the contract lump sum price, which price and payment shall be full compensation for furnishing all materials, equipments labor, processes, tools and incidental costs required to complete the work. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-17 KEY WEST INTERNATIONAL AIRPORT SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we. - The Mor nb Grou , inc. as Principal, hereinafter called the Principal, and The insurance Com n o the Mate of Penns hvania a corporation duly organized under the laws of the State ofs Surety, hereinafter called the Sure are held and firmly bound unto thejo=nrbe8mb:untyBoard of Commissioners as tY� � Obligee, hereinafter called the Obligee, In the sum of: frve p2rcent of amount bid dollars (5- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, the Principal has submitted a bid for: ELEVATOR FOR BAGGAGE MAKE UP AREA Key Wes# intematicmai Airuort Monroe County, Florida NOW, THEREFORE, If the obligee shall accept the bid of the Principal shall enter into a contract with the obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the _ prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shah pay to the obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be nult and void, otherwise to remain in full force and effect PROVIDED further, that if the Principal shalt submit the apparent lowest bid acceptable to the oblig" but shall fall to meet DBE goals as set forth in the bid specifications, then Principal shall, upon request of the obligee, submit to obligee such additional evidence of Principal's good faith efforts to meet such goals in the manner and within the time required in such specificabons. Ea4ure to supply such Information as required shall result in a forfeiture of #-As bid bond in the same manner and to the same degree as though obligee had accepted Pdrx#al's bid and Principal had thereafter failed or refused to enter into the contract with obligee as set forth in the 'Immediately preceding paragraph. 810 DOCUMDffS 1 263M ELEVATOR #4 0M11 11 238 1- "18 KEY WEST KrERNATKKk ARPORT Signed and sealed this nth day of o ober , 20 11 . pftness) W,W,Af�� The Morganti Group, Inc. (Principal) (Tite) .sue. v 4' (Seal) The Insurance Company of the State of Penns Ivania (surety) (Seal) Countersigned by: N/A By:40je) Gerard , Macholz, Attomey-i Fact FL Non -Resident License #D057942 Aitiant I.nsursam Servim, Inc. I RFF & Assmiates, Inc. 7108 Fairway Drive, Suite 225, .Palm Reach Gardens, FL 334I8 All bonds must be signed by a Fonda resident agent with a legal street address; Post Office bow are not acceptable. Bid mill not be considered unless the bid bored is signed by both Principal and Surety. 126399 NEW BAGGAGE ELEVATOR #4 08W11 11238 1-1 g KEY WEST WTERIUMNAL AIRPM P�. OT ATTUIEY'' The Insurance-.tompa"',-O the Swe of P na ,Ylvani, Powrr,• Na. Primal Bond-Office.,:I":75,'Wa Sftd, N+r York, NY '14o3g No. KNOW -ALL N ��C 'CIF. E . PRUEN'1" That'f`he Ins wMwe company �f` iie 5t c of Penns ivania� � Pc�ylvania t�oxporatsbn, does h�rcby appeoint -.�-:Thamia Sian, ds�ii "Lupsk ; Gerard S: MAghol �, ' Camilte M: a nd; ituhart" T� F`eaa pan, Me iolcore Cm xo ( ,,4on Cot ,New York--- l l a drvri v.:e c an its behalF bonds, unde�cing reea izances and ear contracts of indemnity and its trfle "and:lawful 'Attvrney(��-u�act " tY gn, ruin i a ry in the i %ture tl eareQ = l` its bus cress, o resp tjY caii parry tilicr j in t t Ur ti i asW`t ]W"-thy IN WMESS' ftE-REOF'Tbi� Insure'nce Company of the She of Pennsylvania has executed these presents- this.'-1: day of" �lay."I 11 _. M tho p_y' Romanq`, Viqe President STATE OF NEW, ORK ; � .� UV '. ` `' Off: N1EW 0sir " �n ithis 13 i, day :frf ayx2011,before mc'came+ft �e named- .. ...- - 4Plicer dlThe Insaia�ice Cvnpa�oty" of.Stat:.of P�ylvania; .t me persoidal�y d:akriov tIE .. SEC: . kntxwn to b-c tom; diV64+� W � o hie rt, an d ed NOW he executed .the bregoi� i % nt and Wixe�- tt seals of Laid co or�dkis�r`� ��. thereto: b %is arc. i s tad "may . .=.. CERTIFICATE axe of ut ai s ado �' the' S si�ds:of Dfi �f:� Insurance Cm an " o€#te. Stagy of'Pcn . - vania vrt l 17 �= rpts P y P , "RMILVED, that%*e- :Qf tk:$Md ft%Rresident, ore, .any V ce:PmMdent'l e,:aad-hereby is, authorized to a ria- Attorhcy _46a Fact" to represent . . and "act for and one behalf of..the-Com ant to- execute bonds, und�akin , o a;ui es and other amtrae�".gf indernit�:add writi�tgs .�bli�a#�v in the aaWre. P-...y them€; dirt€ tv ;Ch thct thet'of mpaf, iri the tansactjion its sut�ctyns; "RESOL%VEIY that1W sie %e $n a kestations 0` such 6M;p a Ltd i scab of company r i be " Gd Gn w* of Attorney c to any 'f l - f `ruin and sn . sum:owcr ofnrne v�r.ntifi� be such .(Minute.i f*sitnic% seal shall:l vaid anscl bindirt upon tl e" omp�any: en:s+a a €x with respect aril bon d; repogrrizao and other. contract of indemnity d riti "v�liga ory in the " ES ED, that"any. sue iattorney-in�Pact delivtd a secret00al certification that the foregoin resolutioiis Still be in effect y insert in 9% C rtiN*iota f e" �G th of a cl date to e r od tam` thiij tie dot of dcl irrt�r. their f -by �h A �tey-� n-F t." .:. c -Secretary nf' to Ins dam of the S of Pcnns Ivani 4o��reb i ghat a fore vin a is f v utivos :adopted b- the I; i7em 6vi * �' ply: late �; Y g rP Boards f i s of this s nation,. rd=t Pow6r, f Attorney imcd,pmuant thereto; arc true and. con , arrd- that both -the dons:and:the Powers"cif: AtOrriq ark in fuRb(fte a0d.effeot IN WITNESS WHEREOPftko? a hereum.set my: hand and mixed the simile seal of -the coration 7TH OCTOD ZOI thin &Y"af . %7K3�3. DenisBt4flYic; Scary ACKNOWLEDGEMENT OF PRINCIPAL — IF A CORPORATION STATE of ....................... )SS COUNTY OF.............. r ...... } On thus......... .................. day of............... ■ .. • ■ ..., ............ before me personally appeared ..................... ■ , .. , ... ■ . . .. . . to . r .... to be known, who, being by me duly sworn, did depose and say; that he/she - of resides at ...... ■ .................... ■ ..... , that he/she is the ..... ■ . r................................ . ........ _ ............. M ....... , ........... the corporation described in and which executed the within insurance instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LI,A.B I LITY COMPANY STATE OF .......■...■.•.... r•r rr.. SS COUNT' of ......... ■.■...........) n thj*s ..rr............. ►sw....rrrra day of .............................. ■.■■■ w' ♦►.■.■* a■■■.■... before me personally appeared ed .. . ..... r r • . ► .. ■ . ■ .. ■ ■ .......... ■ ■ ..... r . ■ ... r . ■ . ■ ■ . . ■ r .. • ... ■ .... ■ ■ ■ ■ . r . ■ to me known and known to me to be the ww ....■. .....w.w.... .......... • ■.. ■.. ....w... n .... ■■■..of .......■. r..•■.■►a ■a. ■■■...■.a ►.....• ■ ■ ■w■rw.■...rr.■. ■ ■. w■...■ *to ..■... ■..1 a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for the act and deed of said Limited Liability Company. ACKNOWLEDGMENT of SURETY COMPANY STATE of .. New York ...... SS COUNTY OF. Nassau ■ ........ } Macholz On this .. • 4�tRb VT %; R A I ............. before me personally came ... ............................................rd S to me known, who, being by me duly sworn, did depose and say; that he/she resides in ... Suffotk Count-T........ ■ ........., Stage of ......w,orl�c... . .......... . ..............at he/she is the Attorney -In -Fact i The Insurance Company of the State of Pen©a3ylvania - . . . of the ■.■....■.r...•..■....■.r■..■•..•+.+w..r..•...•rw•..■+•a•■.rrr■...the corporation described in which executed above " ent; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cworporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed hiisfher name thereto by Like order; and the affiant did further depose and sax that the Superintendent of Insurance of the State of New York, has, pursuant to Section I I I I of the Insurance Law of the State of New York, issued to . Tbr..19mr.ors.e,.CQAw#Py. ofOf. ftte.t#f.I'PA1PPYJYAQi*............... ■ . • . ■..(Surety his/her certificate of qualification evidencing the qualification of said Company and its ciency under law the State of New York as surety and guarantor, and the propriety of acceptin approving # suc and that such certificate has not been revoked. Notary Public Su" um NY acknowledgment 11MV Pub 900 of New 1Ib�K NWMCOUW M 001 UM07M Maudi% 204 The Insurance Company of the State of Pennsylvania Executive Oiflces 176 Water $beet Now York NY 10038 STATUTORY ASSETS Bonds. .............................................. Cub & S -Tenn Irmaurmts.................. Ages W B noes or L3 ... Fps Held try Ce ft Rebmars ............... ReWmurame Recaveraft on Loss Payments. EquMes & Depm1t in Podia S Assoda0m. / ■her Aftifted ►48 8 ►............. FINANCiAt. STATEMENT as of DECEMBER 31, 2010 1,601A38,i 1,272,682,772 87o240,75T 314,767R1OS a,758AS ,764,123 76,212,320 1:�2 9. ,68f.423 T # ALA JM$ 4Z 718/7 UABILITIES Reserve for Loses wo Loss Expanse Reserve for wed ....,, R"ve tar Expaws, Taxes, Uceram and Fees...................... RrovisW W ftskmrance ................. Rotas H eta under Re umme Tr+eado......►............►...r,.......... TOTAL, ��iL�fiR•►at.ta..i■w.a.... Yapu $jjX*.... ►....a/.. Surpkm......................................... TOTAL. Pont S' SURPLUS.. .................................. TOTAL UAMUTM AND $ 1. a3U_ 394.277.280 31,392,959 13,355,227 10,324,176 243,103'466 L 57%792.115 6,005,500 2,065,920,992_ 2,070,926,492 $ 4,641.718,607 ands and ,i166ks am vak ed ball$ adopWd by ft N adwW AnOC1000 of kmurance CormlssWers. S000ffles ce tUd at $705,354,828 Ln the at a are dqX*W as reqt*vd by kw or ofsrwiee per. CERTIFICATE John Q. Doy e, President, and Cr dry J. GiardWlo, ComphOer, of The Insurance Company of the State of Pervmyivania tang duly sworn, each for hJmself deposes and says tW they are the above deeabW officem of the skid Company and that on the 31 st day of Doommber, 2010, the Company actually possessed Ow assets set forth in the foregoing statement and that wch assets were available for the payment of losses and terns and held for the protein of its pol rs and cmdhors, except as hereinbefore lndicaW, and that the foregoing statement is a correct mchbft of such assets and 14abl Mes of sad Company on the 31st day of Dwomber, 2010, according to the best of #Wr Information, knowiedge and beWrespectively. STATE OF h l YORK COUNW OF NEW YORK 86. On a*'Y?aar ofnpd zo,,. sae me m.s ene ebm mrrea of The 1 IOU wm Corm o( sne stye of Fe xr* ton* known to be dee bWhiduals Wd olke►s domed teeMm end #!p4 ll" exectftd to forapoig Mwkwrlettt and of Raed tl18 cwporatlw tt►meto by psoxrtj of Biptr oftejof 504"r* 4,6 SC1411, 31077 t4oWySWe of New Yx'-( . OiSMM75 a#W In Kings Coin Caym�sslon Eores Dec. SECTION E DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida statute 287.087, hereby certifies that: The Morganti Group, Inc. (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub -section (1). 4. In the statement specified in Sub -Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contenders to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As a person authorized to sign the statement, the above requirements. certify that thio�r mplies fully with Bidder Signature Date: /0////// BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/39111 11238 I-20 KEY WEST INTERNATIONAL AIRPORT SECTION F PRIME BIDDER'S QUALIFICATIONS In order to determine if persons submitting bids are responsible, each contractor shall furnish with his bid the following completed information, and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 29-92. 1. Name of Bidder: The Morganti Group, Inc. 2. Business Address: 1459 Centrepark Blvd., Suite 289, West Palm Beach, FL 33491 0 CJ 5. Telephone Number: 551 589-9299 When Organized: 10/19/92 Where Incorporated: Connecticut G. A list of the person's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members. **** See answers for 5 - 29 attached ?. A list of the officers and directors of the person; 8. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid. 9. The number of years the person has operated under its present name and any prior names. 19. How many years have you been engaged in the contracting business under the present firm name? 11. What is the type of construction work in which you are principally engaged? 12. On separate sheet list major contracts in past 19 years. 13. On separate sheet list equipment and plant available for this project. 14. Enclose a copy of latest Financial Statement. 15. credit Available for this contract: $ BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 -21 KEY WEST INTERNATIONAL AIRPORT 16. Contracts now in hand, Gross Amount: $ 17. Have you ever refused to sign a contract at your original bid? 18. on separate sheet, list the last five (5) projects over $500,000 on which the contractor has worked, and telephone numbers. 19. Answers to the following questions regarding claims and suits: a. Has the person ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b . Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its officers or general partners? (If yes, provide details.) C. Has the person, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications? (If yes, provide details) d. Has the person ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details) e. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; f. customer references; g. credit references. 20. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) Date: 10/11 /11 Firm Name: The Mora i , Inc. By: Title: Gerry Kelly 1 Sr. Vice President Notary Public: 12639329 MYC OMMISS 081301 1 11238 ON # DD EXPIRES- 843751-22ed BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 KEY WEST INTERNATIONAL AIRPORT MORGANTI 0. A list of the person's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members. SKH Holdings, Inc. 100 Mill Plain Road, Danbury, FL 06811 45% Khoury Children 2007 US Trust 135 West 55th Street, New York, NY 10019 55% 7. A list of the officers and directors of the person; Nabil Takla Group President Gerry Kelly Sr. Vice President US operations James Auld Vice President 8. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid. In Business since 1920 In Florida since 1973 9. The number of years the person has operated under its present name and any prior names. The Morganti Group, Inc. 1996 — Present Morganti Florida 1990 -- 1996 Morganti South, Inc. 1973 - 1990 10. How many years have you been engaged in the contracting business under the present firm name? 15 years 11. What is the type of construction work in which you are principally engaged? General Contractor 1 Construction Management 12. on separate sheet list major contracts in past 10 years. ............ . . Nov-12 Lake Worth Casino Building and Gov't $11,0001000 City of Lake Worth Beach Revitalization May-12 Lancaster Elementary School K-12 $14,700,000 orange County Public Schools Jan-12 Continuing Service Contract Government $1,000,000 Department of Management Services Jan-12 Continuing Service Contract Government $1,000,000 Department of Juvenile Justice Jan-12 Continuing Service Contract K-12 $1,000,000 St. Lucie County School Board Jan-12 Continuing Service Contract University $2,000,000 Florida Atlantic University Jan-12 Continuing Service Contract Aviation $4,000,000 Palm Beach County Dept of Airports Dec-11 Southbend K-8 Academy K-12 $40,000,000 St. Lucie County School Board May-11 Lincoln Park Academy K-12 $16,500,000 St. Lucie County School Board Apr-11 Hernando County Health Health Care $11,500,000 FL Department of Health Department Jan-11 Tax Collector's Office Government $250,000 Palm Beach County Tax Collector Nov-10 Indiantown Middle School K-12 $13,793,000 Martin County School Board Classroom Bldg. & Cafeteria Aug-10 Palm Lake Elementary School K-12 $14,396,400 orange County Public Schools Aug-10 MetroWest Elementary School K-12 $15,664,712 orange County Public Schools Jan-10 Murray Middle School Ph 3 K-12 $730,000 Martin County School Board Chiller Plant Modifications Jan-10 Bay Vista Elementary School K-12 $3,282,479 Pinellas County School Board Jan-10 Lynch Elementary School K-12 $5,920,526 Pinellas County School Board Jan-10 Blanton Elementary School K-12 $5,902,923 Pinellas County School Board Jan-10 Plumb Elementary School K-12 $4,350,000 Pinellas County School Board Dec-09 Entrance Gateway and University $8,400,000 Hillsborough Community College Science/Administration Building Renovation Sep-09 Key West Intemational Airport Aviation $31,613,533 Monroe County Bringing you a WORLD of experience w vj vv . �; � t 1, g � n t - . C -0 M MORGANTI Jun-09 Palm Beach County Health Health Care $19,2700000 FL Department of Health Department Apr-09 DW waters High School K-12 $1,600,000 Hillsborough County School Board Apr-09 Apollo Beach Elementary K-12 $3,058,104 Hillsborough County School Board Jan-09 Continuing Service Contract University $3,400,000 Florida Atlantic University Jan-09 Continuing Service Contract University $100,000 Pasco -Hernando Community College Dec-08 Apollo Beach Elementary K-12 $3,058,104 Hillsborough County School Board School Renovation Oct-08 Collins ES K-12 $2,576,051 Hillsborough County School Board Oct-08 Summerfield ES K-12 $2,383,614 Hillsborough County School Board Oct-08 Rodgers MS K-12 $1,523,590 Hillsborough County School Board Oct-08 Riverview HS K-12 $3,579,051 Hillsborough County School Board Aug-08 Ancillary Office Building Ph 2 K-12 $1,826,679 Hillsborough County School Board Aug-08 Belle Witter Elementary School K-12 $1,520,000 Hillsborough County School Board Jul-08 Murray Middle School Phase II K-12 $8,954,000 Martin County School Board Classroom Addition Jul-08 Citrus Grove Elementary School K-12 $23,320,000 Martin County School Board Dec-07 Ancillary office Building Phase I K-12 $3,489,344 Hillsborough County School District Jul-07 Samuel S. Gaines Academy K-12 $371782,000 St. Lucie Public Schools Jun-07 Sadler Elementary School K-12 $14,182,000 orange County Public Schools Jan-07 Jupiter Christian School K-12 $9,650,000 Jupiter Christian School Classroom Building Addition Dec-06 Murray Middle School Cafeteria K-12 $6,979,000 Martin County School Board Nov-06 Marathon Regional Airport Aviation $3,718,026 Monroe County Hurricane Repair to Terminal and Generator Building Nov-06 Indian Ridge School and K-12 $23,680,807 School District of Palm Beach County Turning Points Academy Dec-05 JD Parker Elementary School K-12 $16,322,000 Martin County School Board Jul-05 Franklin Middle School Ph II K-12 $7,084,333 Hillsborough County School Board Jan-05 Jupiter Community High School K-12 $47,301,978 School District of Palm Beach County Dec-04 Jensen Beach High School K-12 $47,7959623 Martin County School Board Aug-04 Pierce Hammock Elementary K-12 $12,769,352 School District of Palm Beach County School Oct-02 Forest Hill Elementary School K-12 $10,778,893 School District of Palm Beach County Aug-02 Eisenhower Elementary School K-12 $3,887,946 Pinellas County School Board Aug-02 Lake worth High School Phase K-12 $3,712,500 School District of Palm Beach County III Classroom Building Jun-02 west Gate Elementary School K-12 $10,610,000 School District of Palm Beach County Apr-02 Broward County Convention Government $30,740,872 Broward County Commission Center 13. On separate sheet fist equipment and plant available for this project. All work will be subcontracted. 14. Enclose a copy of latest Financial Statement. See attached in sealed envelope. 15. Credit Available for this Contract: $ $110, 000, 000 16. Contracts now in hand, Gross Amount: $ $250,0001000 17. Have you ever refused to sign a contract at your original bid? No Bringing you a WORLD of experience a to w, ;r o r 9� n itc o n NORGANTI 18. on separate sheet, fist the last five (5) projects over $500,000 on which the contractor has worked, and telephone numbers. Lake Worth Casino Building and Gov't $11,000,000 City of Lake Worth Beach Revitalization Kathleen Margoles (561) 533-7394 Continuing Service Contract K-12 $5,000,000 St. Lucie County School Board Joe Piper (772) 785-6619 Continuing Service Contract University $5,000,000 Florida Atlantic University Peter Thompson (772) 462-0966 Continuing Service Contract Aviation $4,000,000 Palm Beach County Dept of Airports Cindy Portnoy (561) 471-7411 Hernando County Health Health Care $11,500,000 FL Department of Health Department Charles Alby (850) 245-4444 x3167 Tax Collector's office Government $1,000,000 Palm Beach County Tax Collector David Brady (561) 355-3940 Indiantown Middle School K-12 $13,793,000 Martin County School Board Classroom Bldg. & Cafeteria Sue Hershey (772) 215-4053 19. Answers to the following questions regarding claims and suits: a. Has the person ever failed to complete work or provide the goods for which it has contracted? (if yes, provide details.) No b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its officers or general partners? (if yes, provide details.) No c. Has the person, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications? (If yes, provide details) No d. Has the person ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (if yes, provide details) Yes The Morganti Group v. Monroe County. This action was filed on August 11, 2011 and served on August 23, 2011. After months of unsuccessful attempts to receive final payment for the Project that was completed in 2009 or alternatively to obtain the County's agreement to attend mediation, Morganti was required to file a complaint to obtain a Court order requiring the County to attend mediation. Morganti has filed a Motion to Compel the County to attend mediation as required by the Contract. Bringing► you a WORLD of experience w i vv , r �, r �g a n�� C 0 M MORGANTI e. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; No f. Customer references; See # 18 Above g. Credit references. Alliant Insurance Services, Inc. - Construction Services Croup Sandra C. Lopes Surety Account Manager 225 Franklin Street, 20th Floor, Boston, MA 02110 Phone (017) 217-2120 Fax (817) 217-2324 Bank of America 4501 PGA Blvd. Palm Beach Gardens, FL (561) 838-2252 Fleet Bank 90 Danbury Road Ridgefield, CT 06877 (203) 894-3723 20. Remarks: None Bringing you a WORLD of experience w vv -w .rn, o r a a r, 1_. l o m SECTION G DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of Congress or an employee of a member of congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants and contracts under Grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, V.S. cede. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Dated: Contractor's AutKorized Representative BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 98/30/11 11238 1-23 KEY WEST INTERNATIONAL AIRPORT SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum Signature Date No. Ef //v -t> I BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-24 KEY WEST INTERNATIONAL AIRPORT SECTION I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Cnnfrar-f (As Required by Division III, Section 150 of the General Provisions) DBE Subcontractors Names/Addresses/Identi * =OW Subcontract Work Item Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent (Round to nearest 1/10 percent) Dollar Value of Subcontract Work TBD % *(Black, Hispanic, Asian American, American Indian, and other economically disadvantaged) NOTE. Also, the bidder must include with the bid proposal fully completed the Attachment 1 — "Disadvantaged Business Enterprise (DBE) Utilization", and Attachment 2 "Letter of Intent", shown on Division III — Section 50-07 "other Contract Provision. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30« 1 11238 1-25 KEY WEST INTERNATIONAL AIRPORT ATTACHMENT 1 DISADYANTAtiED BUa1Nls3 ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offerer has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offerer is committed to a minimum of % DBE utilization on this contract. The bidder/offerer (if unable to meet the DBE goal of %) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offerer's firm: `7� Mc M 47Atx'? FiP, 0 4P� /,*'j c State Registratio CSC C cis v.-P i 2 By 7Z. SignaKure Title C� GENERAL PROVISIONS 12639329 NEW BAGGAGE ELEVATOR #4 0860111 11238 111--90 KEY DIVEST INTERNATIONAL AIRPORT 0 ATTACHMENT 2 LER OF INTENT Name of bidder/offerer's firm: M0YZ4* Ov%J -77 <�7 �K°u1� 1^4 4C• Address: 11P> 374. v Z4rO city: w� s-T- 7ALs,^ ��c� sate: -PL zip: -3.3yQ I Name of DBE firm: Address: pity: State: zip: Telephone: Description of work to be performed by DBE firm: The bidder/offerer is committed to utilizing the above -named DBE firm for the work described above. The estimated dollar value of this work is $ -Tfirz> Affirmation The above -named DB,E estimated dol4r v,aljgis� M -n affirms that it will perform the portion of the contract for the stated above. 5 Z *, Vo, pit (mature) (Title) If the blddeNoffsrer does not receive award of the prime contract, any and all representations In this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor.) GENERAL PROVISIONS 12639329 NEW BAGGAGE ELEVATOR #4 08130111 11238 111_91 KEY WEST INTERNATIONAL AIRPORT SECTION J BIDDER'S AFFIDAVIT IN COMPLIANCE 'IIII'ITH FLORIDA TRENCH SAFETY ACT (SECTION 553x50-553,549 FLORIDA STATUTES) STATE OF FLORIDA ) )SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of The Morganti Group, Inc. (Name of Bidder) being its (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: The Morganti Group, Inc. 1459 Centrepark Blvd., Suite 259 West Palm Beach, FL 33491 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1925.559, Sub -part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-26 KEY WEST INTERNATIONAL AIRPORT the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be summarized below: Trench Safety Measure Unit of Unit Unit Extended (Description) Measure Quantit Y cost cost (LF, SY) A Underpinning LS 1 11500 19500 B C D TOTAL: $ 11500 Signature A ri Representative: r. Gerry Kelly 1 Sr. Vice President Title STATE OF FLO IDA / ', COUNTY OF: J- - &elk The foregoing instru me 20 , by Joni D2 e wasl acknowledged before me this day of/4 le, Corporator Partnership who is personally known tom r who has roduced �( as identification and who did/did not take an oath. (Signature of Notary Publi (Print name of Notary Public) My Commission Expires d- /V�2 0 lid- --- , PAY A PATKIA A.DEMONTMORENCY MY COMMISSION # DD 823375 EXPIRES: December 20, 2012 f; • ... • • ,: Bmded Thfu Notary PO* Underwriters 12639329 08/30/11 11238 -27 BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 KEY WEST INTERNATIONAL AIRPORT SECTION K 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 with Bid, Proposal or contract No. for New Baggage Elevator #4 Z. This sworn statement is submitted by The Morganti Group, Inc. (name of entity submitting sworn statement) whose business address is 1450 Centrepark Blvd., Suite 280, West Palm Beach, FL 33401 and (if applicable) its Federal Employer Identification Number (FEIN) is: 06-1149260 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is ��'�� E2L�'' and 111y (please print name of individual signing relationship to the entity named above is ��i . //.,/ 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1 )(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. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1 )(8), 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 1, 1989, as a result of a jury verdict, non jury trial or entry of a plea of guilty or nolo contendere. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 -28 KEY WEST INTERNATIONAL AIRPORT 8. l understand that an "affiliate", as defined in Paragraph 287.133(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 crime. 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 38 months shall be considered an affiliate. 7. l 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 an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) x 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, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 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 an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/39/11 11238 1-29 KEY WEST INTERNATIONAL AIRPORT Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate Was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Author'z d presentative: Gerry Kelly 1 Sr. Vice President Title STATE OF FLORIDA COUNTY O . ,�& fdaffiaozk bate The foregoing instrument was acknowledged before me this // day of 20by ,Corporation or Partnership) ( I who is personally kno to me or has produced X�f� as identification and who did/did not take an oath. (Signature o Notary Publi ,State of Florid Large) (Print name of Notary Public) My Commission Expires J_ LQ 0 ! BID DOCUMENTS 12639329 . ............. . ...... NEW BAGGAGE ELEVATOR #4 48/34/11 11238 E Pam#q KEY WEST INTERNAT!ONAL A!RPORT �iMYpM1#55��_= ION # DD $�75 �,: EXPIRES: D 012 rrrstiaz 8 771lu I oWq pu* �T1� r�9�j SECTION L SWORN STATEMENT UNDER ORDINANCE NOz 70-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE The Morganti Group, Inc. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former county officer or employee in violation of Section 2 of ordinance No. 10-1990 or any county officer or employee in violation of Section 3 of ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, _gift or consideration paid to the former county officer or employee. Date: COUNTYSTATE OF: ■ ; . IZA'ztj F J fi Signature) PERSONA-LY APPEARED E�EFORE ME the undersigned authority: Gerry Kelly Sr. Vice President who, after first g sworn Vme, axe his/her his/her signat a e of individual signing) in ttyg space pro ided above on this / `� day of , 20-�L. (Print name of Notary Public) My Commission Expires la / 0 b /�J" 'i11117yf ATI # A. DNTMORMY ~*: -MY �75 =='± _ •'x� E I IRES- Bonded Dyer `'• ° ;,,:,►•" Tbru Nary P� (j�Hem 12639329 43/30/11 11238 -31 rl BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 KEY WEST INTERNATIONAL AIRPORT SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES Cnntract (As Required by Division 111, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities=' means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certificafions from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. Gerry Kelly Sr. Vice President Signature of Contr for Title BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-32 KEY WEST INTERNATIONAL AIRPORT SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 10/29/2010, Construction Type: Building, if that is the latest list issued for Monroe County. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 -33 KEY WEST INTERNATIONAL AIRPORT SECTION 0 CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1, 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, or Voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this s licitationlproposal. 4 !7 ignature of Cont0fdor 12639329 08/30/11 11238 Gerry Kelly Sr. Vice President Title BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 I-38 KEY WEST INTERNATIONAL AIRPORT MORGANTI f � ACI 5113140 STATE of FLORIDA j LLARfiXC%S?;UNjNX jN9D� L I CA�aY SGB 6iEW L14082301431 DATE BATCK NUMBER IFLICENSE NBR 108/2312010'090479833 C C050879. j] The CAMERAL CONTRACTOR Named below 19 CERTIFIED Under the provisions of Chapter 4 8 Expiration date: AUG 31,E 2012 f fi KELLY + E R L D { THE MORGANTI. GROUP INC r 1607 PACKWOOD ROAD JUNO ISLES FL 33408 224 CHARLIN CRIST CHAILLIE LIEN GOVERWOR snRBTARY DISPLAY AS REQUIRED BY LAW State ofFlorida Department of State I certify from the records of this office that THE MORGANTI GROUP, INC, is a corporation organized under the laws of Connecticut, authorized to transact business in the State of Florida' qualified on October 19, 1992. The document number of this corporation is P41056. I further certify that said corporation has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on January 19, 2011, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital. this the Second day of ' February. 2011 E r Secretary o: f State Authimtwat ton 11), 5,W191416475420211-P41 To avthiw"ic OwN Fatifscaw-vi5tt tx ff-1kpwing.rte, enrc t the ]D- a»d 0" folh,w thc in nx tics dt.,playod. baps : it e#I�e. s an bfiz.vr�lcrrtaa�� er.l�t �l Bringing you a WORLD of experience v-r v-, -, v M C � � . f = # L C BIDDER': STATEMENT understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. h �..�/�, Ili- �o�2G��✓7'7 �'7lZO[I� �N,C, ! '`-C Bidder Signature '4c�?0"iY CERTIFICATE OF LIA THIS CERTIRCATE IS MUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Bert Irate holder Is an ADDMONAL INSURED, the the terms and conditions of the policy, certain policies may require an certificate holder in lieu of such endorsement(s). PROOUCM Aon Risk Services Northeast, Inc. Boston MA office one Federal Street Boston MA 02114 USA The Morganti Group, Inc. 1450 [entrepark Boulevard Suite 260 West Palm Reach FL 33401 USA BILITY INSURANCE DATA 07/05Q011 TE endorsement. T AND CONFERS NO RIGHTS UPM THE CE FICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED policy(Hies) must be endorsed. If SUBROGATION IS WAIVED. subject to A staterna► d on this certificate does not confer rights to the COWACT NAIVE: (8156) 783-7127 FAX (8-47) 953-5390 INSURMS) AFFORDING COVERAGE NAIL # #44im A: National Union Fire Ins Co of Pittsburgh 19445 paum e: Zurich American Ins Co 115535 DER D: pd$LvdE: PMMER F: COVERAGES CERTtFICATE NUMBER: 57004-313544 REVISION NUMBER: TNIiS IS TO CERTIFY THAT THF, P1C iE � 0 F INS URANCF. LISTED 0E. OV' r.A . E 8EEN ISSUED TO THE IN S UAID NAMED .ABOVE FOR TKE PO 0FIR OD INDICATED NOTWITHSTANDINGNOTWrTHSTANDING ANY FtEOWREMENT TERM O R CONDITION OF ANY CONTRACT DiR OTMER DOCUL4V4T WiTH RESPECT TC- -q THIS CERTWICATE MAY BE tSSUED OR MAY PERTAIN. THE INSURANCE AFFORDED E E P'OLVES DESCRIBED HEREIN IS SURJECT TO ALL - -i.E -EIRMS EXCLUSIONS AND C OND M IONS OF SUCH POLICIES LIMITS SAC N MAY HAVE BEEN REDUCED E Y PAID CLAM Urn to sum are as r � TYPE Cw W45URARM MXy LWT S EweRAIL LUMIM 9 - E KH 7-sue P cV#. E $2.000. x R A L p yI rp . . • S300. EE XF i Win, �LD t i s aO1) #CkA'QY $ , 000 . 0D0 �Z NEP-k AWjK6ATE $ 4.00. 0 M - i r--,ATE EMIT AME 15 PE R MCOL TS ,. CCW. S.1. oww. � j AO x AW %p &X& V •IP r pwwn i ALL r."dIED F' f i r% � AU-(' "Iftl o AUT�ClyyI'I' r w 1A 7�G>►w CON Cwd A VU89ALLA L x OCCLP UM77021077771 731, ten i„�. *" .ow. 000 - `�F�4 �• LSD +r`; tid k1 NIA f 7.� i7 f y� E L bf- '.dL fP OVEE rAwrtwr r . :.- r7idertCt DEMORTION of Wr TK M! f j. 1TI( M I VO4CLIES l+M ACOM IM", Rwmarlks Sc 6". if wAwq is roquNedl of Insurance. CERTIFICATE HOLDER CANCELLATION 5"01" AM 00 TM A&0VK C E+C MD POL"# K BILLED UPOft THE T" DTI! IWASOF W WALL N DtLNM D 44 OROANCe MT14 III PCKWT loam T+a rtiGroup. Inc, IEsEAT1 1.4 5O C*nz repark Soule a rd , Suits 260 west Fat■ Be#Ch FL 33401 US-, M-44-OrY06114� (DI N$-2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) Ths ACORD name and logo are registered marks of ACORD SECTION P NON -COLLUSION AFFIDAVIT I, Gerry Kelly , of the cityof West Palm Beach , -according to }.� 9 law on my oath, and under penalty of perjury, depose and say that: 1) I am Sr. Vice President of the firm of The Mor anti Grou Inc. , the bidder making the bid proposal for the project described in the Notice for calling for bids for: Elevator for Ba a e Make-U Area - KiNIA and that I executed the said proposal with full authority to do so: 2} The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowle�ge that onroe County relies upon the truth of the statements contained in this affidavit irr ng contracts for said project. Gerry Kelly (Signature of Bidder) Sr. Vice President STATE ■� COUNTY O� (Datle)-'/ HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein are true and correct to the best of my knowledge and belief. Personally appeared before me, the undersigned authority, who, after first being sworn by me, (nameof individual ig ing) affixed h her signa e in the space provideZabve on this ! l day of �201( foregoing document. Notary Publi . My commission expires: D /1 PATRICIA A D EWY *� DIY COMMISSION# DD 823375 = • ��' xP] RES: member 20, 12 BID DOCUMENTS _____ ��' � �vmers NEW BAGGAGE ELEVATOR #4 08/30/11 11238 39 KEY WEST INTERNATIONAL AIRPORT SECTION C PROPOSAL AND SCHEDULE OF BID ITEMS Cnnfract BID TO: Monroe county Purchasing Department 1100 Simonton Street Suite 1-2 13 Key West, Florida 33040 BID FROM. The Whiting --Turner contracting Co. 1901 Nest Cypress creek Rd.Suite 101 Ft. Lauderdale, FL 33309 Submitted (Date): Oct obe r 111 2 011 The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General~ Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe county Board of commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: ELEVATOR FOR BAGGAGE MAKE UP AREA Key West International Airport Monroe County, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached contract Documents for the unit prices listed opposite each item. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08I30111 11238 I-14 KEY WEST INTERNATIONAL AIRPORT The contractor shall complete the Schedule of Values included as Attachment "A". The Schedule shall be added and the final total base hid amount will be. - Four Hundred Twenty Nine Thousand & 00/100 Dollars (total base bid —words) It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as basis for claims by the contractor for extra compensation. compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice -to -Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe county Board of Commissioners as liquidated damages for such failure; otherwise,' the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the NIA Bank of NIA or a bid bond for the sum of 5 % of Bid Amount dollars ($ 5 0 of Bid Lmpunt made payable to the Monroe county Board of commissioners. Checkmarks I have included Division I which entails the proposal forms. X Schedule of Bid Items (Attachment "A"). X Bid Bond x The Drug -Free workplace form. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-15 KEY WEST INTERNATIONAL AIRPORT Prime Bidder's Qualifications: List of major contracts in past 10 years X List of equipment and plant available for this project Copy of latest financial statement Disclosure of Lobby Activities X Acknowledgement of Receipt of Addendum X Disadvantaged Business Enterprise Program X DBE Utilization Form "Attachment 1 ", Division III A DBE Letter of Intent "Attachment 2", Division Ill Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes X Sworn Statement Under ordinance No. 10-1000 X Certification of Non -segregated Facilities X Federal Wage Decision X Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - 40 CFR Part ZO X Copy of Bidder's License for State of Florida, evidence of competency and evidence of financial responsibility X Bidder's Statement on Insurance Non -Collusion Affidavit (Checkmark items above as a reminder that they are included.) Mailing Address: The Whiting -Turner Contracting Company 1901 W * Cypress Creek Road, Suite 101 Fort Lauderdale, FL 33309 Phone Number: 954-776-0800 Date: Signed: (Name) P. , EXM VW* nt (Title) Witness. (Seal) BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-18 KEY WEST INTERNATIONAL AIRPORT ATTACHMENT "A" SCHEDULE OF BID ITEMS ELEVATOR FOR BAGGAGE MACE UP AREA BIDDER NAME: The Whiting -Turner Contracting Co. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PROJECT DESCRIPTION: ELEVATOR FOR BAGGAGE INTAKE UP AREA ITEM SPEC No. ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE IN NUMBERS EXTENDED TOTAL ELEVATOR FOR BAGGAGE INTAKE UP AREA AT Four Hundred Twenty Nine Thousand Dollars LS 1 429, 000 . 00 429, 000 . 00 AND 001i00 Cents TOTAL BASE BID ITEMS 1 $4 2 9, 0 0 0. o Payment for the work shall be made at the contract lump sum price, which price and payment shall be full compensation for furnishing all materials, equipment, labor, processes, tools and incidental costs required to complete the work. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-17 KEY WEST INTERNATIONAL AIRPORT THE WHITING -TURNER CONTRACTING COMPANY UNANIMOUS CONSENT of DIRECTORS DATED MARCH 18, 2011 THE UNDERSIGNED, being all of the Directors of THE WHITING -TURNER CONTRACTfNG COMPANY (The "Corporation"), do hereby unanimously consent, by the adoption of the following resolution pursuant to Section 2. 4o8(c) of the Corporations and Associations Article of the Annotated Code of Maryland (1975), to the action set forth therein, waive any rights which we have to dissent from such action and Naive any requirements of a meeting or notice thereof: BE IT RESOLVED, that the following listed officers are authorized and empowered to sign and submit proposals and contracts on behalf of the Corporation. This consent shall be filed in the Corporate Minute Book. NAMF. Millard Hackerman Charles A. Irish Stephen P . Duffy W. Daniel White Timothy J. Regan Anthony G. Moag Daniel M. Bauer Leonard A. Cannatelli, Jr. Keith A. Douglas Gino J. Gemignani, Jr. Garrett W . Hall Frank R. Palmer IV Robert L. Ryan Richard L. Vogel, Jr. TTTT F President, Treasurer &CEO Senior Executive Vice President, Secretary & Coo Executive Vice President Executive Vice President & Assistant Secretary Executive Vice President Executive Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President & Assistant Secretary Senior Vice President Senior Vice President Senior Vice President Senior Vice President NAME Willard Hackerman Charles A. Irish Stephen P. Duffy W. Daniel White Timothy J. Regan Anthony G. Moag Daniel M. Bauer Leonard A. Cannatelli, Jr. Keith A. Douglas Gino J. Gemignani, Jr. Garrett (Gary) W. Hall Frank R. Palmer IV Robert L. Ryan Richard L. Vogel, Jr. BOARD OF DIRECTORS TITLE President, Treasurer & CEO Senior Executive Vice President, CC & S ecretary Executive Vice President Executive Vice President &. Assistant Secretary Executive Vice President Executive Vice President Senior Vice President Senior Vice President Senior Vice President Senior V,P. &. Asst. Secretary Senior Vice President Senior Vice President Senior Vice President Senior Nice President The Whiting -Turner Contracting Co. PROJECT: Key West International Airport - New Baggage Elevator #4 BID CLARIFICATIONS Bid Date: October 12, 20 1 at 3:00 PM . .. ........ 1 Whiting -Turner submitted RFIs by the due date of 1015111 as referenced at the pre -bid meeting on 9/28/11, We have not received a response to these RFIs and therefore provide the following clarifications. Q1) WT RFI #1: ,section 20-02 of the General Provisions requires that the bidders submit a "...confidential statement or report of bidder's financial resources and liabilities.... Please advise how Monroe County keeps this financial information confidential. R1j WT Clarification to RFI # 1: WT has submitted its 2010 Balance Sheet with our Proposal in lieu of a more detailed account of our finances. If more detailed information is required please advise how this would be held confidential. Q2) WT RFI #2: Will there be a Mutual Waiver of Consequential Damages in the Contract with the successful bidder? R2) WT Clarification to RFI #2: WT requests that Monroe County include a Mutual Waiver of Consequential Damages in the Contract. WT has assumed the County will agree to this and has included this assumption in our Proposal. Q3j WT RFI #3: Item 24(a) in the Instructions to Bidders references work to be performed by the Contractor with his own organization. Is there a speck self -perform requirement on the project and, if so, what is the percentage of the total contract amount? R3) WT Clarification to RFI #3: WT does not anticipate we will self -perform any work on this project. Q4j WT RFI #4: Part 1. 2. B of Section 01100 of the Specifications states there are "Bidding instructions, contractual arrangements, and other Division 1 sections provided by the Construction Manager, Morganti. Is Morganti the construction manager on this project? R4) WT Clarification to RFI 44: We did not receive any of the above referenced .Bid Instructions, contractual arrangements, etc. from Morganti and assume Morganti is not the Construction Manager on the project. Q5) WT RFI #5: Detail 2 on Sheet A]-] states that the "Existing overhead HVAC unit to remain in place". During the pre -bid walkthrough it was indicated that this unit may have to be relocated from its current location. Please advise. R5) WT Clarification to RFI #5: WT did not receive information on where this unit is to be relocated. We have included an allowance of $1,500 to relocate this unit. Q6) WT RFI #6: Demolition Note 1 on Sheet A 1-1 states that previous construction indicated a future elevator pit was to be installed in this area. Please verb that all bidders are to include the cost for subsurface foundation exploration and the cost for the new elevator pit as indicated. R6} WT Clarification to RFI #6: We have included the cost of the subsurface investigation and the new elevator pit as indicated on the plans. 2 Notes 1-5 under the Foundations heading on sheet S0-2 reference a Subsurface Investigation Report by URS and Earthwork Specifications. Neither of these documents were provided during the bid. Note 5 states that groundwater will be encountered during construction, but without the referenced report we can not determine to what extent as there is no indication of the water table elevation. Therefore, we have included a $2,500 dewatering allowanze in our laid. 3 Please reference paragraph b of Section 140 General Insurance Requirements for Contractors and Subcontractors. WT's insurance will not provide the thirty (30) day notice to the County on the material change or reduction in coverage as stated in this paragraph. This is a standard exception in the industry today. 4 Page IV-45 of the Special Provisions references a staging plan with office location. This plan was not provided in the Bid Documents, Therefore, Whiting -Turner has not included the cost for an onsite office trailer for WT or the RPR. We have assumed it will be acceptable for us to utilize the corner of a vacant office/room in the existing facility. We do include providing the office furniture for the RPR as requ [red in Special Provision No, 8. Power and water consumption charges are by owner. 5 We have not included parking fees for WT or its subcontractors. Onsite parking to be provided by EYW at no charge. 6 WT has included the cost for temporary power connections as required for construction. We have excluded the costs of power and water consumption charges. 7 We have considered this project to be Non-SIDA. WT has included tempory fence and gates to separate construction from the adjacent SIDA areas. S WT has not included cost of standby fire watch, if required by the AHJ. Page 1 of 1 SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRES EWS j that a: The Whi -TU-mer �ntract:*ina Companyas Principal, hereinafter called the Principal, and ' t 1 d a corporation duly organized undor the Jaws of the State of Maryland, ;aS Surety, hereinafter called h e hold and firmly bound unto the Monroe county Board of Commissioners as Obligee, hereinafter called the Obligae, in the sum of'. 5. of amount bid do1lam ( -��. -� - fthe payment of rich sum tell and truly ��or to be the i r ins ai and the said caret bind ourselves, our 1-ieirs, executors, ad m.n��trat�r�E , � jointly succ sor and assi ns, and severally, firmly b these presents. � VVIAEREAS, the Principal has submitted a bid for: ELEVATORFOR $ AGE MAKE UP AREA Ksv's(tlest Internatiorial A'rport Monroe County, Florida NOW, THEREFOREif the Obligee shall accept the bid of -the Princi ,pai shail enterinto a contract with the Ototigee in accordance with the terms of such bid aild give such bond or bonds as tray be specified in the bidding or Contract Documents with goad and sufficient surety for ihe faithful peTforrnanCe of such contract and for the prompt payment of labor and material furnished in the prosecution thereof., or in the went of the failure of the Principal tO enter such contract and give such bond or bonds, if the Principal shia pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obfigee may in goad faith contract with another party to perform the work covered by sa;d bid, then this obligation shall be Holt and void, otherwise to remain in fciti force and effect. that if tha Pnnci shall submit the apparent lowest did accep�ble to the PROVIDED t�rt��r� � . Obligee bLt shall fail to meet DBE goals as set forty in the bid specifications, then l [ upo n request f the ON Irye, submit to Obligee such additional evidence of Pdncipaf's goodfaith efforts to meet such goals in the manner and within the time required in such speci fications. Failure to supply such information as required shall result in a forfeiture of this bid bond in the same m apner and to the sane degree as though Obligee road acreted Princ:'0�fs bid and Principal had thereMer failed or T�s�;d to enter into the contras with Obli ag as set forth "in the immediately preceding paragraph, ff D O CUM 5NTs 9329 NLW BAGGAGE F L.FVATO R #4 WI 1 1 i2m KEY WEST INTFRt4ATIO AL AIRPORT Signed and sealed this 12 t day of October , 2011 . `I} -le L1Atirg-'Itxner cnntractirg Carry (Principal) (Seal &' _/L t (Witness) (Witness) ountersigned / r ■ ' : i' � . i' i � � iI � STEPHIEN P. , Ems. Vk* PMSW*nt (Title) Fi le1 i ty and Deposit Cary of NbryLa-d (Surety) (Seel) r By. (Title)-#ig AttorrW-in-Fact 700 Sc u Dixie M4wEcy,Suite 100, Oral table, FL 33146 All bonds must be signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Sid will not be considered unless the bid bond is signed by both Principal and Surety. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-19 KEY WEST INTERNATIONAL AIRPORT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by FRANK E. MARTIN JR.,, Nice President, and GERALD F. HALEY,' Assistant Secretary, in r , c 'ty granted by Article V11, Section 2, of the By -Laws of said Companies, which are set forth r s ereo e hereby certified to be in full force and effect on the date hereof, does hereby nom a , Stephen M. MUTSCHELLER, Robert F. WHITE, Cary on OSTER, Craig BANCROFT, Joshua B. HAUSE alley, Maryland, EACH its true and lawful agent and Attorney-.- cut e , or, and on its behalf as surety, and as its act and deed: any and all bonds kegs, ap" such bands or undertakings in pursuance of these presents, shall be as binding upon m 1 amply, to all intents and purposes, as if they had been duly executed and acknowledged by th le ee officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorn , r es that issued on behalf of Gary A. PYNE, Stephen M. MUTSCHELLER, Robert E. WHITE, Gary L. BERGER, Shari L. BOWERS, R. Nelson OSTER, Craig BANCROFT, Joshua B. HAUSERMAN, William FRANC IK, dated February 16, 2 0 11. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 211 of the By --Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 18th day of July, A.D. 2011. ATTEST: ' # aftft V BEAD. State of Maryland City of Baltimore ss I . FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Gerald F. Haley Assistant Secretary By: Frank E. Martin Jr. Vice President On this 1 Sth day of July, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their s gnav-1res as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fwst above written. i= 1S1INWj �+ Constance A. Duna Notary Public My Commission Expires: July 14, 2015 POA-F 425-0840A SECTION E DRUG -FREE WORKPLACE FORK The undersigned Contractor, in accordance with Florida statute 287.087, hereby certifies that: The Whiting -Turner Contracting Co. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub -section (1). 4. In the statement specified in sub -section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 8. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. =-- - Bidder's ature Date: / BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 9$I30/11 11238 1-20 KEY WEST INTERNATIONAL AIRPORT SECTION F PRIME BIDDER'S QUALIFICATIONS In order to determine if persons submitting bids are responsible, each contractor shall furnish with his bid the following completed information, and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: The Whiting -Turner Contracting Company 1901 W. Cypress Creek Road, Suite 101 2. Business Address: Fort Lauderdale, FL 33309 3. Telephone Number: 9 5 4- 7 7 6 - 0 8 0 0 4. When organized: 1909 5. Where Incorporated: Maryland, April 12, 1934. 6. A list of the person's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members. Whiting -Turner is a privately held company, ownership information is confidential. i. A list of the officers and directors of the person; Please refer to the attached list of officers. 8. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid. 102 years. 9. The number of years the person has operated under its present name and any prior names. 102 years. 10. How many years have you been engaged in the contracting business under the present firm name? 102 years 11. What is the type of construction work in which you are principally engaged? Construction Management General Contracting Design -Build. 12. on separate sheet list major contracts in past 10 years. In the past 10 years, Whiting - Turner has completed over 3,000 projects. In the interest of brevity, we have ieet iisf �A8e Ca'hlta�aawe forthiiQp�9ct.13.6cjudedpra e s�p ap Please refer to the attached equipment list. 14. Enclose a copy of latest Financial Statement. Please refer to the attached balance sheet. 15. Credit Available for this contract: $ The Whiting --Turner Contracting Company's total assets are in excess of $1.249 billion with a net worth of approx. $434 million. Whiting -Turner has conducted business without borrowing any working capital since 1938. It is privately owned and has no debt. Whiting --Turner has a 5A1 Dunn & Bradstreet rating. BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 98/39I11 11238 1_21 KEY WEST INTERNATIONAL AIRPORT 15. contracts now in hand, Gross Amount: $ 10 -214 Billion. 17. Have you over refused to sign a contract at our original bid? No Y � Y 18. On separate sheet, list the last five (5) projects over $500,000 on which the contractor has worked, and telephone numbers. Please refer to the list attached. 19. Answers to the following questions regarding claims and suits: a. Has the person ever failed to complete work or provide the goods for which it has contracted? (if yes, provide details.) No . b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its officers or general partners? (if yes, provide details.) Please refer to the list attached. C. Has the person, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications? (If yes, provide details) No. d. Has the person ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (if yes, provide details) No. e. whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; No f. customer references; Please refer to attached list of references. g. credit references. Please refer to attached list of references. 20. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) Date: October 11, 2011 Firm Name: The W ting-Turner contracting company Y Rfl�`6 rt Mitchell Title: Div,` sion Vice President All '`'{•. PATRICIA ANN MILLER ; •. Commission # DD 956827 Expires March 2, 2014 Notary Public : F-�� BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/39111 11238 1_22 KEY WEST INTERNATIONAL AIRPORT WHITING -TURNER OFFICERS Only two presidents since Years with 1909 Marne Position Whiting -Turner Willard Hackerrnan President & CEO 73 � Average years of service for vice presidents and above is Charles A. Irish Sr. Executive Vice President & COO 58 31 years Stephen P. Duffy Executive Vice President 47 Anthony G. Moag Executive Vice President 30 Timothy J. Regan Executive Vice President 31 W. Daniel White Executive Vice President 42 Daniel M. Bauer Senior Vice President 33 Len A. Cannatelli Senior Vice President 34 Keith A. Douglas Senior Vice President 28 Gino J. Gemignani, Jr. Senior Vice President 49 Garrett W. Hall Senior Vice President 41 Frank R. Palmer, IV Senior Vice President 32 Robert L. Ryan Senior Vice President 41 Richard L. Vogel, Jr. Senior Vice President 39 Thomas J. Kenney, Jr. Corporate Counsel 10 Sam G. Abutaleb Division Vice President 25 J. Scott Breig Division Vice President 27 = Espen S. Brooks Division Vice President 30 Troy M. Caldwell Division Vice President 26 Joaquim M. DaSilva Division Vice President 28 Jeffrey S. Dodds Division Vice President 27 Ronald M. Eisenberg Division Vice President 33 Michael F. Ernst Division Vice President 29 John G. Giovannone Division Vice President 27 Kempton C. Haile Division Vice President 29 Kevin P. Higgins Division Vice President 32 Robert J. Kimmons Division Vice President 42 Stephen J. Lambertson Division Vice President 34 James J. Martini Division Vice President 26 David W. Meyers Division Vice President 30 Robert H, Mitchell Division Vice President 34 Paul N. Schmitt Division Vice President 26 Samuel R. Wells, III Division Vice President 25 4,f_•art±iu:; T;+R;.} is Monroe County WHITING -TURNER OFFICERS Years with Name Position Whiting -Turner Jeffrey D. Baxter Vice President 26 Nancy C. Beavers Vice President 25 Theodore F. Border Vice President 19 David A. Boucher Vice President 15 David P. Brickley Vice President 27 J. Chris Carlson Vice President 12 Jeffery S. Cochran Vice President 24 R. Bruce Cunningham Vice President 16 Bruce C. Delawder Vice President 15 Brian C. DeWitt Vice President 26 Michael F. Donohoe Vice President 30 Patrick F. Duffy Vice President 16 Mark W. Faul Vice President 26 Kermit Fawthrop, Jr. Vice President 31 Maynard W. Grizzard Vice President 24 David M. Hahner Vice President 25 Donald E. Hanky, Jr. Vice President 29 Gary C. Harkness Vice President 33 Erik C. Healy Vice President 19 Craig C. Heiser Vice President 25 = Jonathan S. Hess Vice President 19 Jon F. (Murray) Hestley Vice President 21 Gerard M. Hiller Vice President 36 Chris D. Hoyson Vice President 29 Jeffrey A. Jenkins Vice President 17 Robert E. Kehoe Vice President 24 Adrian J. Kennedy Vice President 25 Barry L, Klingenberg Vice President 44 Bernard F. LaHatte Vice President 32 Daniel W. Licht, Jr. Vice President 28 Steven J. Likins Vice President 23 Andrew B. Linden Vice President 19 Edward C. Mackowiak Vice President 41 VVTMonroe yy, ;rtr:-T,r;F County WHITING -TURNER OFFICERS Years with Name Position Waiting -Turner Jeffrey C. Maeder Vice President 25 Christopher N. Martinson Vice President 28 David M. McGinnis Vice President 35 Scott J. McMahon Vice President 30 Robert Minutolif Jr. Vice President 16 Dani A. Niccolucci Vice President 42 Brian R. Ott Vice President 26 James G. Owens Vice President 28 Terry S. Powell Vice President 25 David Reitmeyer Vice President 20 Louis Rossi Vice President 33 Kurt D. Sandberg Vice President 27 Kevin J. Seicke Vice President 25 Edward J. Schlotterback Vice President 24 Kevin P. Shields Vice President 34 Daryl C. Stein beck Vice President 15 Edward W. Spaulding Vice President 25 Brent A. Voyles Vice President 25 Richard Warhall Vice President 24 G. William Whiting Vice President 31 Monroe County FLORIDA PROJECTS COMPLETED BAST FIVE YEARS Contract Date of Project Name Owner Architect Amount Completion EPCOT China Pavilion Acomb Ostendorf &Associates Morris Architects $1,750,000 2011 Biotest Pharmaceuticals Corp. BiBi otest Materials Handling Stantec Consulting $584,147 2010 Expansian AWT Methanol Piping Replacement City of West Palm Beach City of West Palm Beach $23,710 2008 Carver Canal City of West Palm Beach Arcadis $1,448,127 2007 City Commons and Waterfront Project City of West Palm Beach CH2M Hill $8,274,255 2009 East Central Reg. Wastewater City of West Palm Beach Camp Dresser & McKee $4,273,258 2009 Treatment Facility Improvements ECRWWTP AB-1 Mixing/Aerator City of West Palm Beach Jordan Jones & Goulding $198,400 2008 improvements Rosemary Avenue Improvements Phase City of West Palm Beach 1 I_BFH, Inc. $3,554,041 2007 ECRWWFF WAS Valve & Clarifier Gate City of West Palm Beach Jordan Jones & Goulding $801,191 2010 Replacements Windsor Avenue Improvements CSC City of West Palm Beach Civil Design, Inc. $1.178,840 2009 Coor Water Treatment Plant 36 Valves and City of West Palm Beach Malcolm Pirnie, Inc. $662,272 2010 Piping Improvements Broadmoor Neighborhood City of West Palm Beach City of West Palm Beach $9,780,000 2011 Improvements Hibiscus Street 12" Water Main City of West Palm Beach City of West Palm Beach $178,000 2011 Installation Hollywood Facility Improvements Classic Residence by Hyatt Perkins Eastman Architects $1,385,168 2009 CRbH MS Wing Renovation Classic Management Limited Partnership Perkins Eastman Architects $680,000 2011 Endo Suite Cleveland Clinic Florida Architecture, Inc. $434,274 2008 Fourth Floor Build -Gut Cleveland Clinic Florida Architecture, Inc. $2,552,882 2008 Meridian Office Building Cleveland Clinic Florida Architecture, Inc. $2,335,266 2008 Miscellaneous Renovations Cleveland Clinic Florida Architecture, Inc. $22,390 2009 MRI Suite Cleveland Clinic Florida Architecture, Inc. $638,829 2008 Sleep Room Cleveland Clinic Florida Architecture, Inc. $103,453 2008 DISC Building Chiller and Generator Disney Worldwide Services, Peninsula Engineering Inc. $569,532 2009 Ex ansion I_I_C Office Fit -Out FBC Mortgage, I_I_C C4 Architecture, Inc. $364,000 2008 RCA Access Building Florida Power & Light BRPH Architects and $5,778,291 2010 Engineers, Inc. Gardens Mall Renovation, The Forbes Company, The JPRA Architects Peterhansrea Design $25,435,375 2007 Foreign Language Early Childhood Foreign Language Early C4 Architecture, Inc. $366,367 2008 Center Childhood Center IT Building Renovation GTE Federal Credit Union Mechanical Engineering Solutions $227,497 2007 JCP Clermont JC Penney Company, Inc. Nudell Architects $6,748,595 2009 JCP Davenport JC Penney Company, Inc. Nudell Architects $6,000,000 2U08 JCP Kissimmee JC Penney Company, Inc. Nudell Architects $6,526,125 2007 JCP Lee County JC Penney Company, Inc. Nudell Architects $6.0W4,000 2007 JCP Spring Hill JC Penney Company, Inc. Nudell Architects $6,936,622 2007 Galleria Mall Sanitary Sewer Repairs Kravco-Florida Property Kravco-Florida Property $52,262 2009 Holdino Corp. Holding Corp. Yak & Yeti Restaurant Landry's Restaurants Cunningham Group Architecture, PA $10 825 823 2007 Office Renovation Liberty Mutual Group IA Interior Architects $253,703 2009 Macy` s Boca Raton Macy's, Inc. Hixson $ 11,133,958 2007 Platinum, The Maysville, Inc. Fullerton Diaz $30,145,406 2007 Tower at the Tradition of the Palm Marsel_ife, Inc. Perkins Eastman Architects $58,000,000 2009 Beaches VVTMonroe County FLORIDA PROJECTS COMPLETED- PASS' FIVE YEARS Contract Date of Project Name Owner Architect Amount Completion Muvico - Renovation Muvico D. L. Ogden Architecture $1,079,000 2010 New Tampa Dental Rebuild New Tampa Dental ARCS Architecture $282,274 2007 Shoppes at New Tampa Phase III New Tampa Dental ARC3 Architecture $1,300,000 2007 Northwest Riviera Brook Subdivision Preconstruc#ion Community Colome & Associates $600,000 2008 Redevelopment Prime Outlets Prime Retail Dal Pos Architects, LLC $1 10,000,000 2009 Lofts, The, Phase II Related Group of Florida, Cohen, Freedman, $50,0 5,262 2QD7 The Encinosa & Assoc. Plaza on Brickell, The Related Group of Florida. Nichols, Brosch, Wurst, $ � $ � . � 69,000 2Q07 The Wolfe &Assoc. Plaza Theaters RP Realty Partners Baker Barrios Architects $2,626,232 2009 Plaza Garage Storage Units RPD Plaza Garage, LLC C4 Architecture, LLC $52,000 2010 Cantina de San Angel Restaurant at San Angel Inn, LLC Morris Architects $309,539 2010 EPCOT- Phase i Cantina de San Angel Restaurant at San Angel Inn, LLC Morris Architects 4,812,635 2010 EPCOT-- Phase II TWRex Downtown Disney Schussler Creative, Inc. Cunningham Group Cunningham Group $18,070,000 2008 Architecutre,PA Celebration Boulevard Medical Center Shermen Group Cooper, Robertson & $1 1,409,507 2008 Partners CBMC - 41h Floor Buildout - Phase III Shermen Group C4 Architecture, LLC $395,555 2010 Boca Town Center Mall Simon Property Group, Inc. Dorsky Hodgson Parrish Yue $33,000,000 2007 Boynton Beach Mall Expansion Simon Property Group, Inc. Dougherty, Schroeder & $5,418,209 2007 Associates Coral Square Mall Renovation Simon Property Group, Inc. Cuhaci & PetersonArchitects $8,040,000 2009 Talbot's Entry Simon Property Group, Inc. Dorsky Hodgson Parrish Yue $767,476 2008 Retail Expansion at Boca Town Center- Simon Property Group, Inc Codand Morgan Architects $1,500,000 2011 Forever 21 FLL Terminal I In Line BHS Southwest Airiines Graef USA $8,040,000 2011 Dolphin Mali ADA Improvements Taubman Company,- The Taubman Company, The $141f844 2009 Dolphin Mall PF Chang's Pad Prep Taubman Company, The Taubman Company, The $591,163 2010 Product Development Laboratory TEVA Pharmaceuticals Stantec Consulting $5,299,094 2009 EIFS Repair Town Center at Boca Raton N/A $93,166 2009 Nordstrom's Valet & Sidewalk Town Center at Boca Raton CH2M Hill $1 1,063 2009 Modifications Turner Pharmacy Turner Brothers, Inc. C4 Architecture $131,839 2008 Life Science Park Demolition University of Miami PBS&J $47,114 2009 Emerging Pathogens Institute University of Florida Gresham, Smith and $40,916,061 2009 Partners NIMET Nanoscale Research Facility UF- University of Florida M+W Zander U.S. $27 000 000 2008 202 Operations, Inc. CBD Expansion Interior Build -Out University of South Florida Gresham, Smith and $1 374,000 2007 Partners USFRF COPH - GHIDRP University of South Florida Gresham, Smith and $1 322 267 2008 Partners 4955 Sever Meter Installation Watson Laboratories Engel and Assoc. $22,573 2009 Building 4001 Leasehold Improvements Watson Laboratories Engel and Assoc. $91,266 2008 Building 4011 Office Renovations Watson Laboratories Engel and Assoc. $559,408 2008 Building 4955 Phase B Production Watson Laboratories O' Neal, Inc. $556,589 2007 Expansion Preconstruction Compressed Air Project Watson Laboratories O'Neal, Inc. $1,193,833 2007 Data Center Mechanical Room Watson Laboratories Engel and Assoc. $92,987 2009 Modifications Data Center Smoke Detectors Matson Laboratories NIA $25,305 2009 Marina West Phase 2 Watson Laboratories O'Neal, Inc. $556,859 2007 VVTMonroe County FLORIDA PROJECTS COMPLETED PAST FIVE NEARS Controct Date of Project Name Owner Architect Amount Completion Packaging, R&D Labs, Quality Control Watson Laboratories O'Neal, Inc. $34, t 58,697 2009 Expansion Potent compound Suite Modifications Watson Laboratories Engel and Assoc. M,000 2008 Weston Laboratory Expansion Watson Laborato-ries Engel and Assoc. $97,896 2009 Brandon Mall Access Drive A Westfield Corporation, Inc. URS corporation $265,590 2008 Imi2rovements Melbourne Beach Hilton -- Tower Westmont Hospitality Group mbi/k2m Architecture, Inc. $ t 3,6 ] 2,330 2008 Addition UM Life Science & Technology Park Wexford Miami, LLC Zimmer Gunsel Frasca Architects, LLP $60,592,000 2011 South Broward Metal Separation Project Wheelabrator Technologies SID Engineers $642,275L 2009 VVTMunroe County W--ITT) rrC• TuRf4FR N!AlflR EQUIPMENT LIST Description COMPACTOR, TRENCH Purchase Date 11/2/1994 Current Value $4,000 COMPACTOR, TRENCH 5/30/2002 $11,500 CRANE, HYDR, AT, 35 TON 3/27/1995 $275,000 CRANE, HYDR, RT, 30 TON 7/25/1990 $165,000 CRANE, HYDR, TRK, 40 TON 5/8/2001 $2251449 CRANE, HYDR, TRK, 70 TON 6/1/1998 $350,000 CRANE, HYDR, TRK, 90 TON 7/2/2007 $750,000 CRANE, HYDR,CD,GAS 8.5 TON 5/27/1994 $50,000 EXCAVATOR, CO M PACT, TR, DIE 8/15/2002 $ 23,000 EXCAVATOR, HYDR, CR. DIES 9/29/1999 $50,000 EXCAVATOR, HYDR, CR. DIES 5/7/2004 $86,000 EXCAVATOR, HYDR, CR. DIES 4/29/1994 $150000 EXCAVATOR, HYDR, TR, DIES 3/15/1994 $36,000 EXCAVATOR, HYDR, TR, DIES 11/19/2003 $18,000 FORKLIFT, RT, 9,000 # 5/30/2003 $42,000 FORKLIFT, RT, 10,000 # 5/27/2003 $36,000 FORKLIFT, RT, 10,000 # 12/30/2004 $32,000 FORKLIFT, W HSE, GAS, 8000# 8/4/2003 $12,000 FORKLIFT,WHSE, ELEC, 4000# 6/7/2006 $18,000 FORKLIFT,WHSE, LP, 91000# 7/5/2007 $37,000 GENERATOR, DIESEL, 30.0 KW 4/21/1992 $6,000 GENERATOR, DIESEL, 50.0 KW 3/23/1994 $5,000 GENERATOR, DIESEL, 50.0 KW 5/29/1996 $5,500 GENERATOR, DIESEL, 50.0 KW 10/31/1996 $5,500 GENERATOR, DIESEL, 50.0 KW 2/9/1999 $6,200 .GENERATOR., DIESEL,. 54.0 KW 11/ 1/2400 $9, 2D0 GENERATOR, DIESEL, 56.0 KW 12/22/2006 $28,000 GENERATOR, DIESEL, 56.0 KW 12/22/2006 $28,000 GENERATOR, DIESEL, 56.0 KW 1/23/2007 $27,000 GENERATOR, DIESEL, 60.0 KW 1/22/2004 $13,000 GENERATOR, DIESEL, 60.0 KW 1/22/2004 $7,000 GENERATOR, DIESEL, 100.0 KW 1/22/2004 $16,000 GENERATOR, DIESEL, 105 KW 7/13/2004 $6,500 GENERATOR, DIESEL, 125.0 KW 12/20/1999 $21,00-0 GENERATOR, DIESEL, 225.0 KW 1/22/2004 $221000 GENERATOR, DIESEL, 300 KW 7/29/2003 $21,000 GROUND HEATER,THAW/CURING 12/13/2003 $15,500 GROUND HEATER,THAW/CURING 1/26/2004 $16,000 GROUND HEATER,THAW/CURING 3/11/2004 $31,000 HOIST, PERSONNEL, 5000 LB 9/27/1999 $17,500 JACKING SYSTEM 1/9/1995 $22,000 LOADER, 4 WHL, DIESEL 10/2/2002 $83,0O0 LOADER, 4 WHL, DIESEL 2.3 10/16/2002 $81,000 LOADER, DIESEL, CR, 2.0CY 7/11/2003 $124,000 LOADER, SKID STEER, 4 WHL 7/17/1995 $8,000 LOADER, SKID STEER, 4 WHL 6/17/1996 $8,500 VVTMonroe County L'Jtarr�r-�c;-T�:kr�F� iV7AJOR EQUIPMENT LIST LOADER, SKID STEER, 4 WHL 5/31/1999 $8,500 LOADER, SKID STEER, 4 WHL 8/5/2003 $13,000 LOADER, SKID STEER, 4 WHL 7/20/2004 $14,500 LOADER, SKID STEER, TRACK 5/12/2006 $39,000 SWEEPER, 4WHL, VACUUM AIR 9/17/2002 $95,000 SWEEPER, 4WHL, VACUUM AIR 12/19/2006 $145,000 SWEEPER, RIDE ON, LP 10/19/1999 $12,000 TRACTOR, DIESEL, BACKHOE 6/17/1996 $4,000 TRACTOR, DIESEL, BACKHOE $12,000 TRACTOR, DIESEL, BACKHOE 6/4/1996 $21,500 TRACTOR, DIESEL, BACKHOE 7/2/2004 $55,500 TRACTOR, DIESEL, BACKHOE 7/14/2004 $47,500 TRACTOR, DIESEL, EXTNAHOE 4/6/1990 $10,000 TRACTOR, DIESEL, EXTNAHOE 8/7/1995 $23,500 TRACTOR, DIESEL, EXTNAHOE 11/1/1996 $241000 TRACTOR, DIESEL, EXTNAHOE 10/2/2002 $411500 TRUCK, 1997, 327 F781 MD 9/17/1997 $35,000 TRUCK, 2001, 428 F211 MD 3/12/2001 $50,000 TRUCK, 2005, 273 E46, MD 6/11/2004 $75,000 TRUCK, 20051, 293 E85, MD 6/15/2006 $155,000 TRUCK, zoos, 605 Fos, MD 3/13/2007 $120,000 TRUCK, 2006, 152E/D12, MD 9/19/2005 $95,000 TRUCK, 20071, M D 10/29/2007 $153,000 TRUCK, 2007, 146E/D96, MD 3/17/2007 $150,000 TRUCK, 2007, 172E/D32, MD 110/16/2006 $1100000 VffMonroe County The Whiting -Turner Contracting Company BALANCE SHEET December 31, 2010 Balance Sheet December 31, 2010 (Source: audited financial statement) Assets Current Assets Cash and cash equivalents ........................ ..................................................... 56, 782, 812 Marketable Securities..................................................................................... 6907395,379 Accounts receivable........................................................................................ 621,6051807 Costs and estimated earnings in excess of hillinos........................................ 1 W228,064 Other current assets....................................................................................... I K203,044 Total current assets.............................................................................. 11581,2153106 Restricted Marketable Securities ...................... ............. ............. ............ ....... I Fixed assets, net of depreciation... ............................... #* ....................... ........ Otherassets.................................................................................................... 5,1o8a137 K38413815 39,848,486 Total assets............................................................................................ $11642,55611114 The Whiting -,Turner Contracting Company Liabilities and Stockholders' Equity Current Liabilities Accountspayable............................................................................................ $ 711,116, 300 Billings in excess of costs and estimated earnings ......................................... 41 9,071,539 .Accrued expenses........................................................................................... 42,5072031 Total currentliabilities........................................................................... 11655694,870 Long-term. debt....................................................................................... . ...... Total liabilities........................................................................................ 1916556945870 Stockholders' Equity Noting preferred stock --- 12% non -cumulative, 537,550 shales authorized 537,550 shares outstanding..................................................................... 57913,050 Executive preferred stock — $.01 par value, 5,000,000 shares authorized, 1,020,852 shares outstanding ................... M2087521 Common stock — $.01 par value, 191,975 shares authorized, 146,275 shares outstanding..................................................................... 17462 Class A Common stock — $.01 par value, 1,000 shares authorized., 1,000 shares outstanding......................................................................... 19 Paid -in capital................................................................................................. 10,713,279 Retained. earnings........................................................................................... 47314221548 Accumulated other comprehensive loss ............... ...... ....... 1.1..........•............ ... (231397,626) Total stockholders' equity........, .......................... . . ............. . .................. 4765861,244 Total liabilities and stockholders' equity ............................................ $15642,556,114 THE WHITING -TURNER CONTRACTING COMPANY OFFICES NATIONWIDE Headquarters 300 East Joppa Road Baltimore, Maryland 21286 410 821-1100 410 337-2324 fax www.whiting-turner.com Auditors Clifton Gunderson LLP LAST FIVE PROJECTS OVER $500,000 In the interest of brevity, we have included a list for the Vice President under whom this work will fall: Project Contract Contact Contact Name Owner Amount Name Telephone FLL Terminal 1 Southwest $81040,000 Ms. Denise 972-273-9333 In Line BHS Airlines McElroy University of Wexford $50,592,000 Mr. Joseph 215-955-5235 Miami, Life Miami, LLC. A. Reagan Science and Technology Park Muvico - Hialeah Muvico $1,079,000 Mr. Neal 954-745-0508 Renovation Bretan CRbH MS Wing Classic $680,000 Mr. James 954-364-4725 Renovation Management Edwartoski Limited Partnership Retail Expansion Simon $1,5001000 Mr. John 317-253-7953 at Boca Town Property Albright Center -Forever 21 Group, Inc. WTMonroe County STATEMENT OF LITIGATION Whiting -Turner is rarely involved in litigation. However, since the Company is typically engaged in approximately 500 to 700 projects at any given time, and is party to approximately 12,000 subcontracts in connection with those projects, there are obviously bound to be some disagreements which reach the litigation stage. Also, there are occasional accidents and claims of injuries, principally by employees of subcontractors, which result in litigation. These matters are typically defended by the various insurance carriers involved. Please note that many recent cases involving both project owners and subcontractors are related to the weak real estate market and its effect on an owner's ability to pay amounts owed to Whiting -Turner. Whiting -Turner has been a party to only a few suits involving owners in the past five years. A list and brief description of these suits is set forth below. Whiting -Turner does not maintain a historical list of all litigation involving subcontractors or mechanic's lien claims. Most subcontractor cases involve claims by subcontractors for additional compensation. Whiting -Turner resolves meritorious claims by agreement. It is Whiting -Turner's position in the relatively few cases which it contests that either the subcontractor is not entitled to additional compensation or that the claim is grossly inflated. Almost all of these cases are ultimately settled by agreement of the parties. Recently, a number of subcontractors have filed for bankruptcy protection. Often these subcontractors have been paid by Whiting -Turner but have not paid their subcontractors and suppliers, which have in turn asserted lien or bond claims which Whiting -Turner is defending on behalf of the owner. Whiting -Turner does not maintain a list of arbitrations. It is involved in few arbitrations because our standard subcontract and the vast majority of owner contracts provide for litigation as the dispute resolution procedure. Whiting - Turner also does not maintain a master list of cases being defended by our insurance carrier. However, Whiting -Turner carries insurance coverages and limits as required by its contracts with owners and its insurance has always proved adequate to cover any claims. The following list summarizes litigation within the past five (5) years involving owners, as well as pending litigation involving subcontractors where the amount in controversy exceeds $50,000, excluding as noted above mechanic's lien claims, and worker's compensation, personal injury and property damage matters covered by insurance. Monroe County STATEMENT of LITIGATION iCo. Bar-S Foods (P) vs. District Court, Jackson Suit by owner alleging breach Settled Whiting -Turner (D) County, OK of contract after completion Case #CJ-05-281 of project. Whiting -Turner Served 7/ 18/05 counterclaimed, alleging that owner was in breach for failure to pay for changes in the work. Whiting -Turner (P) vs. U.S. District Court --- Suit by Whiting-Tumer for Settled Brunswick County Board Eastern District of payment for work performed. of Education (D) North Carolina Case #CV00238 Filed 11 /20/06 Maysville, Inc. (P) vs. Miami -Dade County WT filed a lien because of Settled Whiting -Turner (D) Circuit Court, Florida non-payment. owner filed suit Case #07-3632-CA-02 claiming lien unjustified. Served 2/8/07 Rancho Cucamonga Superior Court Suit by owner alleging cracks Settled Water District (P) vs. San Bernardino, CA in concrete floor. Whiting -Turner (D) Case #RCV096717 Served 4/30/07 Whiting -Turner (P) vs. Circuit Court of the 1 1 fh Suit by Whiting -Turner for WT obtained judgment BAP Clematis LLC; Judicial Circuit Court, payment. - pleadings and Columbus Properties, Miami -Dade County, discovery in judgment Inc; opera Place. Florida enforcement LLC (D) Case #07-14615-CA proceeding Filed 4/6/07 Whiting -Turner (P) vs. Court of Common Pleas, Pass -through claim on behalf Settled Case Western Reserve Cuyahoga County, Ohio of concrete subcontractor. University (D) Case #CV06597369 Served 7/28/06 Whiting -Turner (P) vs. Supreme Court of WT filed suit because of non- Settled California Fruit Market Jefferson, NY payment (D) and Peter Levos (D) Case #07-3152 Filed 11 / 16/07 Whiting --Turner (P) vs. Circuit Court for WT filed suit for non --payment Settled Palmetto Hospitality of Baltimore City Baltimore I, LLC (D) Case #24C08000177 Filed 1/28/08 Whiting -Turner (P) vs. Miami -Dade County, Whiting -Turner fled suit for Settled TRC-The Loft, et al. (D) Circuit Court, Florida non-payment Case # 2008-451 b8-CA 01 Filed 8/5/08 Whiting -Turner (P) vs. Circuit Court for Prince Whiting -Turner filed Waiting for response on University Town Center Georges County Mechanic's Liens for non- settlement demand. Condo I and university Case #AE08-34779 payment Town Center Condo II Filed 1 1 /25/08 D Whiting -Turner (P) vs. Circuit Court for Harford Whiting -Turner filed Settled Trinity Lutheran Church County, Case #12-C--08- Mechanic's Lien for non-- D 3433, Filed 11 /21 /09 payment VVTMonroe County STATEMENT OF LITIGATION amp L1t1g(xt16ri'.- -.0 n-jr.s.. "'Pad e. Whiting -Turner (P) vs. Circuit Court for Whiting -Turner filed Settled Towson Town Center (D) Baltimore County Mechanic's Lien for non - Case #03-C--08-12169 payment Filed 1 1 / 14/08 Whiting -Turner (P) vs. Miami -Dade County, Whiting -Turner filed suit for Discovery TRG-The Plaza, et al (D) Circuit Court, FL non-payment. Awaiting new trial date Case #2009-2189-CA-15 Filed 1 / 12/09 Whiting -Turner (P) vs. Superior Court, Kern Whiting -Turner filed Settled Bakersfield Mall, LLC, et County, CA Case Mechanic's Lien for non - al. (D) transferred to U.S. payment. Lien being pursued Bankruptcy Court, SDNY in owner's bankruptcy Case #09-1 1977(ALG) proceeding. Proof of Claim: 7/1/09 Whiting -Turner (P) vs. Superior Court, Whiting -Turner filed Settled Westborough CC, LLC Worcester, MA Mechanic's Lien for non- (D) Case #9-0381 D payment Filed 2/17/09 Connecticut Science New Haven at New Third party claim by architect Limited discovery Center, Inc. (P) vs. Pelli Haven Superior Court against WT and others in underway in Clarke Pelli Architects, Judicial District, CT connection with design preparation for second Inc. (D); Pelli Clarke Pelli Case #CV 09-5030255 S defect claim brought by mediation session Architects, Inc. (P) vs. WT Served 8/28/09 owner against architect. probably in September. D Whiting -Turner (P) vs. Superior Court Division, WT filed claims for non- WT obtained lien. VLN Beneficial Trust, VLN County of Mecklenburg, payment. Awaiting bank Trustee LLC, and Building NC foreclosure Union Investment and Case #09-CVS-25291 Local Development Served 10/6/09 Fund of America Trust D Maysville, Inc. etc. (P) vs. Miami -Dade County owner claims against Initial pleadings and WT (D) Circuit Court, FL Architect and WT for lost discovery Case #09-85340 CA 06 revenue incurred on Project. Served 12/7/09 WT seeking dismissal of suit. MEPT Zenith, LLC (P) vs, Circuit Court for Claim by owner of apartment Initial pleadings Marks, Thomas Baltimore City, MD building of design deficiencies Architects, Inc., Case #24-C-10-003885 in the HVAC systems. WT Schlenger/Pitt & position is that it was retained Associates, Inc., WT, & to construct the project but The Poole & Kent had no contractual Cor oration responsibility for the design. Monroe County STATEMENT of LITIGATION Electric Machinery US;Bankruptcy Court, Subcontractor, a reorganized Arbitration hearing set Enterprises, Inc. (P) vs, Middle District, Florida, debtor under Chapter 11, for week of December Whiting -Turner (D) Tampa Division Case alleges that it is due a portion 13, 2010. USF&G, Inc (D) #03-1 1047--WI of Whiting -Turner's settlement Served 4/22/05 with the owner of the project, J & A Mechanical, Inc. U.S. District Court Mid. Subcontractor alleges Settlement Pending (P) vs. Whiting -Turner District, FL Case #6:-05- compensation due for and others (Ds) CV- 1207-ORL--3I -DAV additional work performed, Served 3/9/07 which Whiting -Turner contends the subcontractor is not due. Whiting -Turner (P) vs. Dry Court of Common Pleas, Claim by Whiting -Turner Mediation on May 27, Design Waterproofing, Dauphin County, PA against subcontractor and its 2010 Inc. (D) Case #2008-CV- surety for cost to repair 13755CV subcontractor work Served 6/2/09 Century Fire Protection, Miami -Dade County Subcontractor claims unpaid Settled Inc. etc. (P) vs. The Circuit Court, FL balance resulting from owner Whiting -Turner Case #08-7891 6-CA-23 not paying amounts due Contracting Company, Served 12/30/08 Whiting --Turner etc. D Whiting -Turner (P) vs. Circuit Court for Whiting -Turner filed complaint WT obtained judgment. Impex Development, Montgomery County, against supplier for monetary Enforcement LLC (D) and Terry M. MD Case #RWT- damages in excess of proceedings underway. Thompson (President) 09-CV-943 $567,764 for breach of (D) Filed 3/6/09 contract and intentional misrepresentation Whiting -Turner (P) vs. Court of Common Pleas, Whiting -Turner suit against Discovery William Hobbs, Ltd d/b/a Franklin County, Ohio subcontractor for defective One Source Aquatics, Case #09CVH-09-14327 installation of fountain. LLC Ds Filed 9/23/09 Daniel Electrical Miami -Dade County Subcontractor claims Attempting settlement. Contractor, Inc. (P) vs. Circuit Court, FL payment, resulting in part, Fidelity and Deposit Case #09-49463 CA 32 from owner not paying Company of Maryland Served 7/2/09 amount due WT and in part et al; including WT (D) from additional payments which WT maintains are not due. Whiting -Turner (P) vs. Circuit Court for WT seeking payment for cost Discovery Interstate Gypsum Floor Baltimore City, MD of repair of concrete floor. Company (D) Case #03-C-09- 008868 Filed 7/27/09 Whiting -Turner (P) vs. Superior Court Monterey WT seeking payment from Seeking to collect on GDT Building, Inc, (D) County, CA subcontractor for payments judgment. Case #M96958 WT had to make directly to Served 2/ 13/09 second tier supplier. C.L.W. Concrete Miami -Dade County Dispute arising from refund of Initial pleadings Construction, Inc, (P) vs. Circuit Court, FL an overpayment of premium Aon Risk Services, Inc. of Case # 10-15946 CA 05 for worker's compensation Florida, et al. including Served 3/ 1 6/ 10 coverage Whiting -Turner D Monroe County CUSTOMER REFERENCES ProjectContact Name Owner Amount Name Telephone FLL Terminal 1 Southwest $8f040,000 Ms. Denise 972-273-9333 In Line BHS Airlines McElroy University of Wexford $600592,000 Mr. Joseph 215-966--6236 Miami, Life Miami, LLC. A. Reagan Science and Technology Park Muvico -- Hialeah Muvico $11079,000 Mr. Deal 954-745-0608 Renovation Bretan CRbH MS Wing Classic $680,000 Mr. James 954-364-4725 Renovation Management Edwartoski Limited Partnership Retail Expansion Simon $1,500,000 Mr. John 317-263-7953 at Boca Town Property Albright Center -Forever 21 Group, Inc. 'VAT Monroe County CREDIT REFERENCES vvrMonroe County KEY PERSONNEL The following key personnel would be available for this project. l} Lead Project Manager: Ray MacKeen 2) Project Manager: Darwin Botero 3) Superintendent: Joe Andolina The resume of each individual listed above is attached. Note that MacKeen and Botero's time would be on an as -needed basis. Andolina would be full-time on the project. VVTMonroe Count PERSONNEL. RESUMES RAY MAC E E N KEY QUALIFICATIONS ■ coined WT in 1996. BEAD PROJECT Entered the construction industry in 1991. MANAGER 20 years in the construction industry, 15 with Whiting -Turner. ■ LE E D* AP. ■ Certified General Contractor in the State of Florida. RELEVANT PROJECTS Southwest Airlines Company ■ Southwest Airlines ATL Cargo Renovation: 26,000 SF Cargo Facility Renovation for Southwest Airlines. The work includes renovated lobby and office space, new bathrooms and locker room, HVAC & Electrical upgrades, high-speed OH doors, SIDA security fencing and gates, dock lifts, concrete dock ramp, and walk-in coolers. Asbestos abatement was performed by Whiting -Turner prior to the start of construction. The project is currently on schedule to be complete the end of October, 2011. Atlanta, GA $1 million Fort Lauderdale/Hollywood International Airport: Terminal 1-- In --Line Baggage Handling System. Support systems and structures for the installation of new baggage conveyor systems. Project includes phased renovations to an existing, occupied baggage handling area at the Fort Lauderdale -Hollywood International Airport. Fort Lauderdale, FL $8 million X Penney ■ Store # 2159 Boynton Beach: Phased renovation of a 2-story 1CPenney department store. The project is being constructed in an operating store. Work includes remodeled bathrooms, new fixturing, finishes, flooring, new Sephora and a new Portrait Studio. Boynton Beach, Florida. $2.2 million Store # 1956 Plantation: Phased renovation of a 2-story JCPenney department store. The project is being constructed in an operating store. Work includes remodeled bathrooms, new fixturing, finishes, flooring, new Sephora and asbestos abatement. Plantation, Florida. $2.1 million Bayhealth Medical Center Dent Campus Expansion: 260,000 SF Hospital expansion; Includes central plant, OR, Linear Accelerator, Emergency Department, Pharmacy, Parking garage and conference center. Dover, DE $109 million Cleveland Clinic Florida 4th Floor Medical office Fit -Out: 20,600 SF renovation including medical exam rooms, procedure rooms, reception, waiting areas, support, and doctors offices. Weston, FL. $2.5 million Mats Inc. ■ Macy's Boca Raton: 82,000 SF 3rd floor addition to an existing Macy`s department store. Work includes a 200,000 SF remodel to the first and second floors. Boca Raton, FL. $12 million ■ Bloomingdale's Aventura Mall: 240,000 SF, 3-story Bloomingdale`s department store. $15 million BAP Development 610 Clematis: 600,000 SF residential project. The building has 246 residential units with five retail spaces on the ground level. The project includes 2 levels of underground parking. West Palm Beach, FL. $35 million VffMonroe County PERSONNEL RESUMES Taubman The Mall at Wellington Green: 700,000 SF regional shopping center situated on a 466-acre site, out --parcel land development, and 2 miles of road widening. $80 million Maefield Development City Square: Retail Center — Preconstruction: 5 story, 700,000 SF Retail Center with an attached 950,000 SF parking garage. Project includes an additional 1,500 vehicle parking deck and site development. The Mills Corporation Sawgrass Mills Mall, the Oasis Phase Il: 300,000 SF retail, theater and restaurant space. Sunrise, FL. $23 million Universal Studios, Florida "Lost Continent" Islands of Adventure: Themed buildings including two restaurants and two retail stores. Orlando, FL. $70 million MBNA America Bank, N.A. Southern Regional Headquarters: 70,000 SF renovation of regional headquarters and telemarketing center. $8 million EDUCATION Bachelor of Science, Building Construction, University of Florida, 1996. REFERENCES ■ Ms. Denise McElroy, Facilities PM ll, Southwest Airlines Company, 972-273- 9333. ■ Ms. Lori Rosenthal, Vice President, Graef USA, 414--266-9096 ■ Mr. Ken Capra, Project Manager, Macy"s, Inc., 561-373-1521. VVTMonroe County PERSONNEL RESUMES DARW N BOTERO KEY QUALIFICATIONS ■ coined Whiting -Turner in 1999. PROJECT MANAGER ■ Entered the construction industry in 1998. ■ 13 years in the construction industry, 12 with Whiting -Turner. RELEVANT PROJECTS Southwest Airlines Company ' Southwest Airlines ATL Cargo Renovation: 26,000 SF Cargo Facility Renovation for Southwest Airlines. The work includes renovated lobby and office space, new bathrooms and locker room, HVAC & Electrical upgrades, high-speed OH doors, SIDA security fencing and gates, dock lifts, concrete dock ramp, and walk-in coolers. Asbestos abatement was performed by Whiting -Turner prior to the start of construction. The project is currently on schedule to be complete the end of October, 2011. Atlanta, GA $1 million ■ Fort Lauderdale/Hollywood International Airport: Terminal 1 - In -Line Baggage Handling System. Support systems and structures for the installation of new baggage conveyor systems. Project includes phased renovations to an existing, occupied baggage handling area at the Fort Lauderdale -Hollywood International Airport. Fort Lauderdale, FL $8 million Macy's, Inc. Macy's: Renovation approximately 300,000SF, this includes an 80,000 SF 3rd floor addition to and existing structure. Also includes upgrades to (4) exterior entries from hardscape, landscape and fagade. Boca Raton, FL $11 million Maysville, Inc. The Platinum: 21-story, 119-unit residential project with attached 198-space, 5 level parking garage and loft/townhomes. Miami, FL. $27 million Andrx Pharmaceuticals, Inc. ■ cGMP Manufacturing Expansion: Installation included design and construction of all cGMP facilities work and installation of the OSD manufacturing equipment, as well as significant upgrades to the existing facilities infrastructure. Davie, FL. $35 million ■ Packaging, R&D Labs, Quality Control Expansion: New GMP manufacturing packaging line, IT hardened facility, DEA-secured storage vault/cages, R&D and quality labs. Sunrise, FL. $25 million ■ USP Alcohol Solvent Line Installation: Upgrades and modification to process solvent systems, added six solvent tote rack system with scales. Davie. FL. $488,036 The Palladium Company CityPlace: Mixed -use development of four city blocks including 625,000 SF of retail/entertainment with 120,000 SF of residential units, four parking decks and extensive sitework. West Palm Beach, FL. $104 million Kravco Company Galleria Mall: Renovation of an occupied 500,000 SF multi -level mall with partial structural demolition and expansion of the main two -level Palm Court entry and retail space. The work required careful coordination with 5 national anchor stores and over 100 individual retail tenants. Fort Lauderdale, FL. $25 million VffMonroe County PERSONNEL RESUMES The Taubman Company The Mall at Wellington Green: 700,000 SF regional shopping center situated on a 466--acre site, out -parcel land development, and 2 miles of road widening. $80 million The Gumenick Properties West Ave Parking Structure: 6 story, 600 Car parking structure. With retail on 1st level. Miami Beach, FL. $10 Million EDUCATION Bachelor of Science, Building Construction, University of Florida, 1997. REFERENCES ■ Denise McElroy, Facilities PM, Southwest Airlines, 214-792-6366. ■ Christopher Bradley, Project Manager, Avairpros, 239--564-6387. ■ Mr, Reddy Mandadi, Engineering, Andrx/Watson Pharmaceuticals, 954-818-2539. ■ Mr. Tim McLarty, Project Manager, Macy's, Inc., 954-294-5461. PROJECT HISTORY PRIOR TO WHITING -TURNER Brookdale Homewood Residence at Boca Raton: 71,000 SF assisted living facility located on a four -acre site, facility houses 74 bedroom units, exterior includes courtyards for residents" plantings and recreational activities. Boca Raton, FL. Monroe County PERSONNEL RESUMES . OSEPH AN Doi. NA KEY QUALIFICATIONS ■ coined WT in 1998. SUPERINTENDENT . Entered the construction industry in 1975, ■ 36 years in the construction industry, 13 with Whiting --Turner. ■ OSHA 30-hour certified, 2006. ■ American Safety & Health Institute (ASH) Certified CPR, AED, and First Aid through July 2012. ■ Extensive experience with site utilities, cast -in -place concrete & structural steel. ■ Schedule and cost conscious. ■ Experience working in occupied facilities were there is coordination with the public and owner's personnel. ■ Excellent safety record. RELEVANT PROJECTS Southwest Airlines Company ` Southwest Airlines ATL Cargo Renovation: 26,000 SF Cargo Facility Renovation for Southwest Airlines. The work includes renovated lobby and office space, new bathrooms and locker room, HVAC & Electrical upgrades, high-speed OH doors, SIDA security fencing and gates, dock lifts, concrete dock ramp, and walk-in coolers. Asbestos abatement was performed by Whiting -Turner prior to the start of construction. The project is currently on schedule to be complete the end of October, 2011. Atlanta, GA $1 million ■ Fort Lauderdale/Hollywood International Airport: Terminal 1- In -Line Baggage Handling System. Support systems and structures for the installation of new baggage conveyor systems. Project includes phased renovations to an existing, occupied baggage handling area at the Fort Lauderdale -Hollywood International Airport. Fort Lauderdale, FL $8 million BAP Development 610 Clematis: 600,000 SF residential project. The building has 246 residential units with five retail spaces on the ground level. The project includes 2 levels of underground parking. West Palm Beach, FL. $35 million The Cleveland Clinic Foundation Cleveland Clinic Heart Center: 1 million GSF, 10-story hospital including 300+ bed patient rooms, 60+ CVICU beds and 30 CCU beds. The building has a caisson foundation, concrete and steel frame, exterior veneer of glass and stone curtainwall, and metal siding. Cleveland, OH $362 Million The Related Group of Florida ■ The Lofts Phase II: 36-story residential tower featuring two pools, a fitness center and ground -floor retail space that spans the elevated metro mover in downtown Miami. Miami, FL. $50 million ■ The Plaza on Brickell: 57-story and 44-story residential towers with a 1,365- space, 10-story parking deck. Miami, FL. $166 million ■ Clearwater Tower: 15--story apartment building. 189,000 SF of GLA. Structure is cast -in --place, post tensioned concrete. West Palm Beach, FL. $14 million The Greenfield Group Aventura Hospital Parking Deck: A new 336,000 SF, 1,042-space pre --cast parking garage. The structure was double tees with spandrel panels for the exterior facade. The exterior stair towers were built out to match the architecture of the hospital. The garage was located adjacent to an operating hospital. Aventura, FL. $9.7 million Monroe County �•�?;Prr+_:• PERSONNEL RESUMES Marriott Corporation Marriott West Palm Beach: Conversion and complete renovation of existing Sheraton to Marriott. West Palm Beach, FL. $11 million Watson Pharmaceuticals, Inc. (formerly Andrx) cGMP Manufacturing Facility: Renovations including installation of two Glatt fluid bed dryers, one pan coater and a room for a future pan coater, one granulator, three ovens, two FDA --approved vaults and associated cages. Ft. Lauderdale, FL. $9.5 million City of West Palm Beach City of West Palm Beach Parks Project: Improvements to five parks including 18,000 SF community center, two 1,500 SF pro -shops, parking areas, ball fields, storm systems, wet play areas and a skate park. West Palm Beach, FL. 10 million The Taubman Company ■ The Mall at Wellington Green: 700,000 SF regional shopping center situated on a 466-acre site, out -parcel land development, and 2 miles of road widening. $80 million ■ Dolphin Mall PF Chang's Pad Prep: Demolition, earthwork, utilities necessary to provide building pad and utilities for PF Chang's restaurant (to be built by others). Work also includes new site lighting, landscape, sidewalks, pavers, decorative concrete and sidewalk and HCAP ramp repairs. Miami, FL $762,639 The Palladium Company "A" Block Apartment Fit -Up at City Place: Interior construction of 112wunit apartment. West Palm Beach, FL. 4.7 million Wild Oats Market: Construction of new Wild Oats Market health food store. West Palm Beach, FL. 1.9 million International Business Machines (IBM) ■ IBM -1st Floor Music Lab Renovation: interior renovation of an existing music lab, approximately 1,200sf of space - architectural, tele/data and electrical work. Ft. Lauderdale, FL. $114,600 ■ South American Facility: 25,000 SF interior renovation of building space. Coral Gables, FL. $470,000 Federated Department Stores Burdines at Aventura Mall: New 240,000 SF, 3-story department store. Aventura, FL. $15 million The Mills Corporation Sawgrass Mills Mall — Phase 111: 150,000 SF mall and retail space expansion. Sunrise, FL. $22 million EDUCATION Graduated McArthur High School, Hollywood, FL. 1974 REFERENCES ■ Denise McElroy, Facilities PM 11, Southwest Airlines, 214--792-6366. ■ Micheal Hlatki, Vice President, The Greenfield Group, 561-392--6662. ■ Reddy Mandadi, Associate Director of Engineering, Andrx/Watson Pharmaceuticals, 954-585-1400. VffMonroe County W "zT??4c 4 R SECTION C DISCLOSURE of LOBBY ACTIVITIES Certification of Contracts grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: } No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of Congress or an employee of a member of congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) if any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants and contracts under Grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, Q.J.S. code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: J Dated: Contractor's Authorized Representative / -/gF // - BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1 _23 KEY WEST INTERNATIONAL AIRPORT SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11233 1-24 KEY WEST INTERNATIONAL AIRPORT ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offerer has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): x The bidder/offerer is committed to a minimum of 0 % DBE utilization on this contract. The bidder/offerer (if unable to meet the DBE goal of %) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidderlofferer's firm: The Whiting -Turner Contracting Co. State Lic. CG C053443, State Corporation State Reg istration No. Document # H 15 2 61 By a ZI w �-iignature 12639329 08/30/11 11238 Division Vice President Title GENERAL PROVISIONS NEW BAGGAGE ELEVATOR #4 111-90 KEG' WEST INTERNATIONAL AIRPORT SECTION I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Cnnfract (As Required by Division III, Section 150 of the General Provisions) DBE subcontractors N a me s1Ad d ressesl l d e ntity* Subcontract Work Item Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent (Round to nearest 1/10 percent) Dollar Value of Subcontract Work 0.0 % *(Black, Hispanic, Asian American, American Indian, and other economically disadvantaged) NOTE: Also, the bidder must include with the bid proposal fully completed the Attachment 1 — "Disadvantaged Business Enterprise (DBE) Utilization", and Attachment 2 "Letter of Intent", shown on Division III — section 150-07 "other Contract Provision". BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/ 11 11238 l _25 KEY WEST INTERNATIONAL AIRPORT SECTION J BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.64-553.649 FLORIDA STATUTES) STATE OF FLORIDA ) )SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of The Whiting -Turner Contracting Co. (Name of Bidder) being its Division Vice President (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this .. The Whiting -Turner Contracting Co. 1901 West Cypress Creek Rd., Suite 101 Ft. Lauderdale, FL 33309 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 10 CFR, s.1920.050, Sub -part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-26 'KEY TEST INTERNATIONAL AIRPORT the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be summarized below: Trench SafetyMeasure unit of unit Unit Extended (Description) Measure Quantity cost Gast (LF, SY) A Trench Safety compliance Lump Sum 1 $500.00 $500.00 B c TOTAL: $500 .00 Signature of Authorized Representative: Division Vice President Title STATE OF FLORIDA COUNTY OF: 00'$--/0U to -/o ' iZ . ....... . ......... . Date The foregoing instrument was acknowledged before me this day of 201 I b66_6V4 �y (Sole, Corporation or Partnership) who is Bersonally known to Mg. or who has produced as identification and who did/did not take an oath. Ognature of Notary Public, State of Florida at Large) GO A,�%j fn6UW- (Print name of Notary Public) My Commission Expires *. �.".., PATRICIA ANN MILLER . CoTm�ission # DD 9527 *' 2014 Expires Mara , Fa BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/ 1 11238 1 _27 KEY WEST INTERNATIONAL AIRPORT SECTION K 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 with Bid, Proposal or contract No. Bid-APK-2 8 5 - 8 0 -,2 011-PUR/ CV fo r Key West International Airport New Baggage Elevator No. 4 2. This sworn statement is submitted by The Whiting -Turner Contracting Co . (name of entity submitting sworn statement) whose business address is 1901 W , cypress creek Rd., Suite 101 Ft. Lauderdale, FL 33309 and (if applicable) its Federal Employer identification Number (FEIN) is: 5Z-0529450 (If the entity has no FEIN, include the social security Number of the individual signing this sworn statement: .} 3. My name is Robert Mitchell and my (please print name of individual signing) relationship to the entity named above is Division Vice President 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1 )(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 anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1 )(8), 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 1, 1989, as a result of a jury verdict, non jury trial or entry of a plea of guilty or nolo contendere . BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_28 KEY NEST INTERNATIONAL AIRPORT 6. 1 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 crime. 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. 7. 1 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 an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) 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, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 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 an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a bearing BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1.-29 'KEY WEST INTERNATIONAL AIRPORT Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: Division Vice President Title STATE OF FLORIDA COUNTY OF: �'^�a✓� ed before me this (o was acknowledged The foregoing instrument a g I& V'-�V4 " w4de-ic'A I (Sole, Corporation or Partnership) who is personally known to me or who has produced as identification and who did/did not take an oath. (Signature of Notary Public, state of Florida at Large) O4TO(,A4 ,4rq+J rn t LLj��- (Print name of Notary Public) My Commission Expires "'W144000 PATRICIA ANN MILLER Commission # DD 956827 Expires March 2, 2014 8=W 76xu Troy Fain lnsmrx* 8WAS-7319 Date day of d c4 �1110� BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08J30/11 11238 1-30 KEY WEST INTERNATIONAL AIRPORT SECTION L SWORN STATEMENT UNDER ORDINANCE CIO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE The Whiting -Turner Contracting Co. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former county officer or employee in violation of Section 2 of ordinance No. 10-1990 or any County officer or employee in violation of section 3 of ordinance No. 10-1990. For breach or violation of this provision the county may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former county officer or employee. Date STATE 4F: P�td_, COUNTY OF: Signature) PE ONA�LY A��q BEFORE ME the undersigned authority: VA VCA100=� who, after first being sworn by me, affixed his/ er signature (name of individual signing) in yle space provided above on this 10 day of 6 (-�ab�/ , 20�. (Signature of Notary Public, State of Florida at Large) P*-rVjCA 01jo M1u-EV2_-, (Print name of Notary Public) My Commission Expires Ex6res , '*"'. PATRICIA ANN L COMWASS R �Si7i jam! \+ }gyp TI" T Fin Mass BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-31 KEY WEST INTERNATIONAL AIRPORT SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES Contract (As Required by Division III, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. Sign re of Contractor 12639329 08/30/11 11238 1-32 Division Vice President Title BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 KEY WEST INTERNATIONAL AIRPORT SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 10/29/201 o, construction Type: Building, if that is the latest list issued for Monroe county, BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/34/11 11238 1_33 KEY WEST INTERNATIONAL AIRPORT GENERAL DECISION: FL201001.62 10/29/2010 FL162 Date: October 29, 2010 General Decision Number: FL20100162 10/29/2010 Superseded General Decision Number: FL20080162 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 03/26/2010 3 10/29/2010 ELEC0349-003 08/31/2009 Rates Fringes ELECTRICIAN Electrical contracts including materials that are over $2,000,000......... $ 29.61 8.71 Electrical contracts including materials that are under $2,000,000... 0.... $ 27.15 8.44 ---------------------------------------------------------------- ENGI0487--004 01/01/2010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity ....................$ 28.05 8.75 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under .......................$ 21.00 8.75 ---------------------------------------------------------------- IRON0272-004 10/01/2006 Rates Fringes IRONWORKER, REINFORCING AND STRUCTURAL . . . . . . . . . . . . . . . . . . . . . . . $ 26.70 6.43 ---------------------------------------------------------------- * PAIN0365--004 08/01/2010 Rates Fringes PAINTER: Brush Only .............$ 16.00 06.20 BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_34 KEY WEST INTERNATIONAL AIRPORT ---------------------------------------------------------------- SFFLO821-001 01/01/2010 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ ---------------------------------------------------------------- 26.80 14.30 SHEE0032-003 01/01/2009 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation Only) ...............$ 24.42 11.36 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER ........................$ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER ... $ 12.45 0.00 FENCE ERECTOR ....................$ 9.94 0.00 LABORER: Common or General ...... $ 8.62 0.00 LABORER: Pipelayer..............$ 10.45 0.00 OPERATOR: Backhoe/Excavator..... $ 15.98 0.00 OPERATOR: Paver .................$ 9.58 0.00 OPERATOR: Pump ..................$ 11.00 0.00 PAINTER: Roller and Spray Only .............................$ 11.21 0.00 PLUMBER ..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply .......................$ 14.33 0.00 SHEETMETAL WORKER (Excluding HVAC Duct Installation) .......... $ 14.41 3.61 TRUCK DRIVER: Dump and 10 Yard Haul. Array ...................$ ---------------------------------------------------------------- 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which gelding is incidental. Unlisted olassifIcatiQns needed for work not included within BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 0$130/11 11238 1_35 KEY WEST INTERNATIONAL AIRPORT the scope of the classifications listed may be added after award only as provided in the ]-abor standards contract clauses ( 2 9 CFR 5 . 5 (a )(1) ( i i)) . in the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERNINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response .from this initial contact is not satisfactory, then the process described in 2 . ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinattons - Wage and Hour Division U.S. Department o f Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . 3 T f the answer to the question in 1 . ) is yes, then an interested party BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_36 KEY NEST INTERNATIONAL AIRPORT (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7 ) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board. U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1_37 KEY NEST INTERNATIONAL AIRPORT SECTION 0 CERTIFICATION REGARDING DEBARTMENT, SUSPENSIONS INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 23 (Version 1, 5190) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Signature of Contractor 12639329 08/39/11 11238 Division Vice President Title BID DOCUMENTS NEW BAGGAGE ELEVATOR #4 1-38 KEY WEST INTERNATIONAL AIRPORT T'h0l" C6 id z _ ORTIFIED v I Ono of G', ''I'' Exp ;r Ait o ate-z� 3, Al# 5,0 18 9 .,1,, STATE OFFLORIDA DEPARTMENT BU'3INE38 AND PROPEASTO TA V. T, A T T nW, -T S UCTI ON ND STR-Y,' 007010108 SEQ# w. DATE BATC H NUAA B E R 1 lov fi Zb6]� �ww�- _ - . e+3 3 9 Chaptg, 20 12 3 H- "THE T col, 1901,W*'CYPRESS , CREEK ROAD' SUITE'101, FT ",:�JkUPERDALE FL'33309' CRI ST 'GOVERNOR INTERIM "SECRETARY DISPLAY A&REQUIRED BY LAW SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS ,AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. GENERAL PROVISIONS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11 j-77 KEY WEST INTERNATIONAL AIRPORT The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Fisk Manager. To assist in the development of your proposal, the insurance coverage marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation Statutory Limits WC1 Employer's Liability $1001000/$5007 000/$100 1 000 WC2 Employer's Liability $5007000/$5007000/$5001000 WC3 X Employer's Liability $1 r 0]o, 0001$1, coo, 0001$11 coo, 000 WCL SLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability V1fCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: - Premises Operations -Products and Completed Operations - Blanket Contractual -Personal injury - Expanded Definition of Property Damage Required Limits: GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $2.%..7000/person; $500,000/occurrence $ 50,000 property damage or $5001000 combined single limit GENERAL PROVISIONS 12639329 NEW BAGGAGE ELEVATOR #4 08/34111 11238 111-78 KEY WEST INTERNATIONAL AIRPORT $ 500, coo/pe rson ; $1,000,000/occurrence G L3 X $ 1007 000 property damage or $170007 000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion &Collapse (XCU) GLLIQ I I Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, Non -owned and hired vehicles Required Limits: VL 1 $ 50, 000/person; $100, 000/occurrence $ 25,000 property damage or $1001000 combined single limit VLF $1001 000/person- $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,000/person; $1,000,000/occurrence $ 1001000 property damage or $11 coo, 000 combined single limit VL4 $5,000,000 combined single limit GENERAL PROVISIONS 12639329 NEW BAGGAGE ELEVATOR #4 08/39111 11238 111_79 KEY WEST INTERNATIONAL AIRPORT MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project 13R2 Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the mac_ value of any one shipment PR01 Professional Liability $250,000loccurrence PR02 $500,0091occurrence PR03 $1,000,000foccurrence POL1 Pollution Liability $500,000loccurrence PCL2 $1,000,000loccurrence P01-3 $5,000,000loccurrence ED1 Employee $10,000 ED2 Dishonesty $1 W000 GK1 Garage $300,000 ($25,000lvehicle) GK-2 Keepers $5001000 ($100,000lvehicle) GK3 $1,000,000 ($250,000fvehicle) MED1 Medical $500170001$l ,000,000 Agg. MED2 Professional $130001000f$3,000,000 Agg. MED3 $5,000,0001$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MC5-90) VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BILL Bailee Liability Max. value of property HKL1 H a ng arkeepers' Liability $30011000 HKL2 $5007000 HKL3 $110001000 AIR1 Aircraft Liability $2510001000 AIR2 $17000,000 AIR3 $1,000,000 AE01 Architects' Errors & Omissions $250,000loccurrencel$500,000 Agg. AE02 $500,000loccurrencel$110007000 Agg. AE03 $1,000,000loccurrencel$3,000,000 Agg. GENERAL PROVISIONS 12639329 N EMI BAG GAG E E LE VATO R #4 08130/11 11238 111-80 KEY WEST INTERNATIONAL AIRPORT INSURANCE AGENT'S STATEMENT l have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY DEDUCTIBLES GENE $500,000 AUTO LIABILITY WORLE.M S COMPENSATION $500,000 $1 000 000 Liability policies are: [R] Occurrence ❑Claims Made C, cm4g� Insurance Agency Sig at BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. The Whiting --Turner Contracting Co. Bidder al GENERAL PROVISIONS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 111-81 KEY WEST INTERNATIONAL AIRPORT SECTION P NON -COLLUSION AFFIDAVIT 1, Stephen P . Duffy , of the city of Baltimore law on my oath, and under penalty of perjury, depose and say that; ,_according to '1 } I am Executive Vice President of the firm of The Whiting -Turner Contracting Co. y the bidder making the bid proposal for the project described in the Notice for Calling for bids for: Key west International Airport New Baggage Elevator No. 4 and that I executed the said proposal with full authority to do so: 2} The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3} Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4} No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding co cts, for said project. T81*9-rort"6re of the Bidder) (Da ) STATE OF:'�Y\" COUNTY OF:. -, I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein are true and correct to the best of my knowledge and belief. Personally appeared before me, the undersigned authority,,' - who, after first being sworn by me, (name of individual signing) affixed his/her signature Wthe space provided a ve on this d _y of 2011 document. 0. SLo Notary Publi r ;•# -,, '#."� SUZANNE M . SLONAKE R# •''` :' My commission expires A�PU � STATEOF S ... 2� 4a49 �. ■ a* RE C� BID DOCUMENTS 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 1-39 KEY VILEST INTERNATIONAL AIRPORT