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04/20/2016 AgreementAMY REAVILIN, CPA CLERK Of CIRCUIT COURT &COMPTROLLER xaxnoE couNW, FLORIDA DATE: May 24, 2016 TO: Roman Gastesi County Administrator ATTN. • Lindsey Ballard Executive Aide FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller CCl At the April 20, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item N4 Approval to enter into a contract with Earth Tech Enterprises, Inc. for an amount not to exceed $99,000 to provide two years of operations, maintenance and monitoring services, including the cost of electricity, for the two County -owned Air Curtain systems, located within Doctor's Arm and Atlantic Estates on Big Pine Key on Canal #266 (located between Baileys Lane and Witters Lane in Doctor's Arm Big Pine Key) and on Canal #287 (located between Atlantis Drive and Hollerich Drive in Big Pine Key). Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File V 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN OWNER AND CONTRACTOR This AGREEMENT is: Made as of the 20' Day of April, 2016 BETWEEN the OWNER: Monroe County Board of County Commissioners 1100 Simonton Street The Gato Building, Room 2 -205 Key West, Florida 33040 And the CONTRACTOR: Earth Tech Enterprises Inc. 5425 Golden Gate Parkway STE 3 Naples, Florida 34116 For the following Project: AIR CURTAIN OPERATIONS & MAINTENANCE MONITORING AT CANALS #266 DOCTOR'S ARM AND #287 ATLANTIC ESTATES, BIG PINE KEY, MONROE COUNTY, FL. WHEREAS, the COUNTY issued a solicitation for the installation of two air curtain systems in Canals #266 and #287; and WHEREAS, the solicitation also included a provision for the operations, maintenance and monitoring of the installed systems; and WHEREAS, the COUNTY desires the CONTRACTOR to provide operations, maintenance and monitoring services for the two COUNTY -owned Air Curtain systems, located within Doctor's Arm and Atlantic Estates on Big Pine Key in canals # 266 and # 287, Monroe County, Florida; and WHEREAS, the CONTRACTOR desires and is able to provide operations and maintenance and monitoring services for both of the air curtain systems owned by Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide operations and maintenance and monitoring services for Monroe County. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The (2) two year Agreement consists of this document, its exhibits, the air curtains RFP and its attachments /exhibits and addendums. 1 2. SCOPE OF THE WORK: A. The CONTRACTOR shall provide two years of system operations and maintenance (O &M) and monitoring, including the cost of electricity consumed and the deposits and fees required by the Utility and as documented by paid receipts from the utility. The start of the O &M Agreement will commence on the final completion and acceptance date of the CONTRACT for Installation of the Air Curtains on Canals #287 and #266, dated February 10, 2016. At a minimum, the O &M activities shall include: a. Check, clean, and replace as necessary the blower filters, pistons, O -rings, and gaskets in accordance with the manufacturer specifications. The air filters shall be replaced at least quarterly, and the pistons shall be replaced at least twice within the 2 year period. b. Dive into the canals and clean the fouling from the air curtain discs using a scrub brush or equivalent. Adjust the distribution manifold as necessary to reestablish equal air distribution once the fouling has been removed from both sides of the weed barrier system. c. Inspect the blower enclosure cooling fans and lubricate as necessary. d. Maintain the landscaping in the area surrounding t h e blower enclosures, and apply ant control products as necessary. e. Inspect all visible plumbing lines, fittings, and components for signs of damage, degradation, or leaks, and correct or replace as necessary B. Maintenance visits shall be completed weekly for the first month, monthly for the first quarter, and quarterly thereafter for a total of 14 visits per site in a two year period. a. Document each visit using the attached O &M Inspection Form included as Exhibit A and SUBMIT to the COUNTY within 48 hours after completing inspection. C. The CONTRACTOR shall establish an account for the two systems with Florida Keys Electric Cooperative for the system dedicated meters and shall pay all associated fees and deposits required for establishing the electrical service. Additionally, the CONTRACTOR shall pay the monthly electric bill in a timely manner so that a disruption in service does not occur. A Time & Material (T &M) budget of $50,000.00 shall be established by Monroe County for the sole purpose of reimbursing the Contractor for the actual power consumption costs paid. It is estimated, due to the no run condition for favorable winds, that each system shall run approximately 80% of the time at a total, Not to Exceed (NTE), annual cost of $12,500.00 per system. Fees and deposits to be reimbursed by the COUNTY at actual costs plus 10% overhead and Profit. E The Contractor shall provide a $49,000 performance bond covering the amount of the operations and maintenance services, for which the County will immediately use in the event the operations and maintenance is not performed. 3. CONTRACT AMOUNT The COUNTY shall pay the CONTRACTOR a lump sum amount of Forty Nine Thousand Dollars ($49,000) in current funds for the CONTRACTOR's performance of the Contract for Operation and Maintenance of the two Air Curtains. The COUNTY shall additionally reimburse the CONTRACTOR up to Fifty Thousand Dollars ($50,000) for the actual power consumption cost, subject to paid receipts provided by the CONTRACTOR. Fees and deposits to be reimbursed by the COUNTY at actual costs plus 10% overhead and Profit. The total CONTRACT amount shall be not to exceed Ninety Nine Thousand Dollars ($99,000). No additional costs for travel, mileage, meals, or lodging shall be allowed. 4. PAYMENTS TO CONTRACTOR A. CONTRACTOR shall submit to COUNTY itemized invoices with all required supporting O &M documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices for O &M may be submitted monthly in the lump sum amount of $1750.00 for each system. Invoices for the electrical may also be submitted monthly, with a paid receipt from FKEC for the previous month's power use. B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. 5. TERM OF AGREEMENT This Agreement shall commence on the date of the Notice to Proceed and extend for a period of two years, unless terminated earlier under paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional one (1) year period at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2) years. 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 3 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 8. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, d (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub - contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub - contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: Type of Insurance Limits County Form Commercial General Liability $300,000 GL1 4 Business Automobile Liability $300,000 VL2 Workers Compensation Statutory WC3 Employers Liability $100,000 1$500,000 1$100,000 WC3 Jones Act Coverage $300,000 WCJA Watercraft Liability $500,000 WL1 CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe COUNTY. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, 5 relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 13. ASSIGNMENT /SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE REOUIREMENTS In providing all services /goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 6 COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Sustainability & Projects 102050 Overseas Highway, Ste. 246 Key Largo, FL 33037 and FOR CONTRACTOR Earth Tech Enterprises Inc. 5425 Golden Gate Parkway STE 3 Naples, Florida 34116 Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 18. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 19. TERMINATION A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days' notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. VA B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. 20. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out -of- pocket expenses whether it is the prevailing party or not, through all levels of the court system. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party 8 shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, 9 nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." iral 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE C UN , FLORIDA cv ri B May r /Chairman EARTH TECH ENTERPRISES Date: STATE OF FLORIDA COUNTY OF 6 e ^ - Print Name: 'i Title: Date: On this 6 r � day of A �'" ' ` , 20 1 k , before me the undersigned notary public, personally appeared F- -S y - 4- < - r , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for two years of system operations and maintenancS,Af aid curtains at Canal #266 and Canal #287 for the purposes therein contained. Print Name I r -Oa ��o 11, +% -% ; MONROE COUNTY ATTORNEI( Pubic ��t►1HItI��N /�����' 1' � :' ma y. My commission expires: 4 1 4 1 fgaio PRO ED A T F M: CYNTHIA L ALL AS IS TANT COUNTY ATTORNEY Date 11 U- �w ,:,Pri r.NameJ v w � itl � C) Date: STATE OF FLORIDA COUNTY OF 6 e ^ - Print Name: 'i Title: Date: On this 6 r � day of A �'" ' ` , 20 1 k , before me the undersigned notary public, personally appeared F- -S y - 4- < - r , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for two years of system operations and maintenancS,Af aid curtains at Canal #266 and Canal #287 for the purposes therein contained. Print Name I r -Oa ��o 11, +% -% ; MONROE COUNTY ATTORNEI( Pubic ��t►1HItI��N /�����' 1' � :' ma y. My commission expires: 4 1 4 1 fgaio PRO ED A T F M: CYNTHIA L ALL AS IS TANT COUNTY ATTORNEY Date 11 EXHIBIT A • OPERATIONS AND MAINTENANCE SUMMARY REPORT • PROJECT TITLE: Air Curtain Installations • • Water Quality Improvement Projects .'4 ' Canals#266 Doctor's Arm and #287 Atlantic Estates, Big Pine Key, Monroe County, FL s Canal # REPORT BY: DATE: DAY: REPORT No: WEATHER CLIMATE CONDITIONS A.M P.M Low Temperature: Partly Cloudy High Temperature: UCloudy Wind Speed: ❑Windy Wind Direction: ❑Rain n SYSTEM MEASUREMENTS Diffuser Line 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Pressure Flow WEED WRACK CONDITIONS Extent of weed wrack outside of curtain: Is it stagnant or migrating along the shoreline? Presence of weed wrack inside canal? If so, describe quantity, extent, and location: Other details: SUMMARY OF VISIT AND INSPECTION PREVENTATIVE MAINTENANCE AND CLEANING ACTIVITIES PERFORMED WARRANTY ITEMS ADDRESSED UNRESOLVED ISSUES/FACTORS CONTRIBUTING TO POTENTIAL OPERATION OR MAINTENANCE ISSUES OTHER NOTES FIELD REPORT AND CHECK LIST Project Title: Air Curtain Installations Water Quality Improvement Projects Canals#266 Doctor's Arm and#287 Atlantic Estates,Big Pine Key,Monroe County,Fl. Date: Time of inspection:_ Canal No Inspected by: VISUAL INSPECTIONS YES NO Corrective Action Notes/Summary of conditions SITE CONDITIONS Evidence of damage Evidence of vandalism Washouts/un even ground Evidence of leaks Excessive trash/debris Evidence of weather damage ELECTRICAL SYSTEM Electrical Meter in working order Electrical panel locked Evidence of exposed wiring Wire connections weathertight Breakers secure in panel box Damage or vandalism noted CONTROLS Wind vane in working order Wind vane cables secure Wind vane pole secure,level Control panel locked Evidence of damage to control panel Motor starters,componets in good condition AERIATION SYSTEM Evidence of damage to compressor cabinets Gauges working Visable wear on oistons/vanes Wiring in secure,good condition Compressors secure in cabinet Evidence loose or broken air lines Remote mainfold lines secure/no damage DIFFUSERS Evidence of base movement/relocation Evidence of restricted air flow Loose supply tubing Debris on or around diffusers/bases Build up of fouling media on diffusers Diffuser spacing as per design WEED BARRIER Evidence of damage by boat traffic Evidence of tidal or weather damage Fence upright and secure to posts Accumulation of organics on fence OTHER EARTTEC -01 GFELL ACORl�` CERTIFICATE OF LIABILITY INSURANCE DAT 1 3/ /2 016 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 endorsement(s). PRODUCER CONTACT Misha Redecker _ Risk Mana gement Insurance PHONE - - - FAX PO Box 6187 (ac. No. EXa: (239 278 - 3939 - - ' (A IC No): (239) 27 4853 Fort Myers, FL 33911 - 6187 E -MAIL ADDRESS mis @riskmgmtins.com INSURE AFFORDING COVERAGE NAIC # INSUR ERA:FCC I Insuranc Company 33472 INSURED INSURER B : National Trust Insurance C o. 20141 Earth Tech Enterprises, Inc. I NSURER C: Lloyd o f London 5425 Golden Gate Pkwy # 3 INSURER D : Naples, FL 34116 INSURER E INSURER F: CC)VFRAGFS CFRTIFICATF MIIMRFR• RGVIRInKI MI IIUIR1 =10. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O SUCH POLICIES. LIMITS SH OWN MAY HAVE BEEN R BY PAID CLAIMS. INSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MM/ DNYYYI LIMITS A X COM MERCIAL LIA BILITY EACH OCCURRENCE $ 1 CLAIMS- MADEERAL X X CPP0004599 1 X � O Y CCI n DANTA� R� N� — ry 4 F / 017 P REMISES (Ea occurr ence) 100 X Contractual Llab. . $ M G C C ME EXP (Any on e p $ 5,000 X Indep. Contractor BY _ I PERSONAL & ADV INJU $ 1,000,000 GEN L AGGREGATE LIMIT APPLIES PER: DA .i GE NERAL AGGREGAT $ 2,000,00 POLICY X PRO - - _ _ LOC JECT _ WAIVER �l PRODUCTS - COMP /OP AGG $ 2,000,000 /A YES_ - -- - - -- - -. - -- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY (Pe person) X X CA 0005588 12 04/05/2016 04/05/2017 r $ - ) $ - - ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident ALTOS NE PROPEAMAGE $ - X X NON -OWNED RTY D HIRED AUTOS AUTOS (Per accident)_ PIP $ 10,00 X UMBRELLA LIAB X OCCUR �i '.. EACH OCCUR $ 10,000,000 B EXCESS LIAB CLAIMS -MADE X UMB0002919 12 04/05/2016 04/05/2017 AGGREGA $ 10,000, _ - _ -- - - - - X 10 0001 DED RETENTION $ , $ WORKERS COMPENSATION X PER OTH- ', STATUTE ER AND EMPLOYERS' LIABILITY Y/N A ANY PROPRIETOR /PARTNER /EXECUTIVE X 001- WC15A- 72277 07118/2015 07/18/2016 E L EACH A CCIDENT $ NIA 1,00 OFFICER/MEMBER EXCLUDED (Mandatory in NH) �'�. E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under - -- - - - - -- -- -- - -- - - -- -- - - DESCRIPTION OF OPERATIONS below 1 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Equipment Floater CPP0004599 12 04/05/2016 04/05/2017 'Equip -ACV C Maritime /Jones Act F04MOM928- 4701 -16 04/17/2016 04/17/2017 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT: AIR CURTAIN INSTALLATIONS, WATER QUALITY IMPROVEMENT PROJECTS, CANALS #266 DOCTOR'S ARM AND #287 ATLANTIC ESTATES, BIG PINE KEY, MONROE COUNTY, FL The Monroe County Board of County Commissioners, its employees and officials, State of Florida, Florida Department of Environmental Protection and the Board of Trustees of the Improvement Trust Fund are included as additional insureds on a primary and non - contributory basis with respects to the general liability per CGLO841013. Additional insured applies to the automobile per CAU0591209 including waiver of subrogation. Waiver of subrogation applies to the general liability per CGLOB81013 and the workers compensation per WC000313. Umbrella is follow form. Hull Coverage, Protection and Indemnity Great American Insurance Co: OMH 1441293 00 Effective: 09/25/15 to 09/25/16 Hull Coverage $240,000 / Ded: 5,000, P &1$1,000,000 Bodily Injury: $1,000 / Property Damage: $5,000 GtK I II I t HULUtK CANCELLATION Monroe County Board of County Commissioners 1100 Simonton Street The Gato Building, Room 2 -205 Key West, 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 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM bt;HWUl_t cur 1 Name of Additional Insured Persons or organizations (As required by written contract or agreement per Paragraph A. below.) per the written contract or agreement, provided the location is within the "coverage required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section 11— Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products - completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc_ with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1_ Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C_ This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non - contributory, in which case this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; 2_ Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit ". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (1013) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL AUTO CAU 059 (12 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION 11— LIABILITY COVERAGE is amended as follows: A.I. Who Is An Insured provision is amended by adding the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured' under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured' under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered 'auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or CAU 059 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 059 (12 09) (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's' household h. Your members, if you area limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. A.2. Coverage Extensions, Supplementary Payments a.(2) and a (4) are deleted and replaced with the following: (2) Up to $3,000 for cost of bail bonds (including bond for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. B. Exclusions 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. 4. Coverage Extensions a. and b. are deleted and replaced with the following: a. Transportation Expenses: We will pay up to $75 per day to a total maximum of $2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss ". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos "; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos" However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $2,000. CAU 059 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 059 (12 09) B. Exclusions Paragraph 3. Is replaced with the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss D. Deductible is replaced with the following: For each covered "auto ", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "loss" caused by fire or lightning, and no deductible applies to glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall be applied to damage to the windshield of any covered "auto." (2) the comprehensive deductible is waived for theft if your vehicle is equipped with an active GPS tracking system. The following Coverage Extension is added: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto ", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. d. Auto Loan /Lease Gap Coverage For those businesses not shown in the Declarations as "auto° dealerships, the following provisions apply. (1) If a long term leased "auto ", under an original lease agreement, is a covered 'auto" under this Coverage Form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto, we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: CAU 059 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 059 (12 09) (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry -over balances from previous leases. (2) If an owned "auto" is a covered "auto" under this Coverage Form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto', we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the 'loss "; (b) Costs for extended warranties, Credit Life Insurance, Heath Accident or Disability Insurance purchased with the loan; and (c) Carry -over balances from previous loans. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. Loss Conditions. 2.a. Duties in the Event of Accident, Claim, Suit or Loss is amended to add the following paragraph: (4) This duty applies when the "accident ", claim, "suit" or "loss' is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. 5. Transfer Of Rights Of Recovery Against Others To Us is replaced with the following: If a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident' or "loss° to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. CAU 059 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 059 (12 09) B. General Conditions 2. Concealment, Misrepresentation or Fraud is amended to include the following: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. 5. Other Insurance - Paragraph b. is replaced as follows: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered 'autos" you own; (1) Any covered "auto' you lease, hire, rent or borrow; and (2) Any covered "auto' hired or rented by your "employee' under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ", nor is any "auto" you hire from any of your "employees', partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 059 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2009 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. S. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products - completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person /entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. S. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 16 of 16 Copyright 2013 FCCI Insurance Group WORKERS COMPEWATION AN D EMPLOYERS UABIUTY INSLMME POLICY Irmrsd Name: Earth Tech Enterprises, Inc. PoIWY Number: 001 -WC15A -72277 AgMCY Name: 1337, Risk Kanage=rnt Inauraaeo OA AM M OF O RIGHT TO RECOVER FROM 0TwR3 ENDORSEMENT We have the dgM to recover Our paymMU from anyone liable for an injury covered by this policy. We wm not enforce Our right epalnet the Mrs" Of orgeniratlon named In the Sdwdule. This agreement appal" orgy to ttre extent that you peftrm work under a written contract that requires you to obtain this aDrsement from us. This agresrn M shall not operate dhw*y or IndMC#y to bent anyone not named in the Schedule. SCHEDULE CERTIFICATE HOLDER-. AS PER WRITTEN CONTRACT JOB SITS: VARIOUS Thls endorsement olmVes the policy 10 which it is etttehed and is elgeWN on the date Issued unless othewise rioted. Issued by: 1rcm Insurance C011MY 9 4570 WC 000319 CopyrWM 1903 Nebo* Council on Compensation C uumrrae Sam. tree