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Item U3County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting March 21, 2018 Agenda Item Number: U.3 Agenda Item Summary #3993 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292 -4523 N/A AGENDA ITEM WORDING: Approval of a contract and authorization for the Mayor to execute a contract with Burke Construction Group, Inc. for the construction of the new Marathon Library and Adult Education Center. Burke Construction Group is the lowest responsible and responsive bidder in the amount of $5,794,995.00. This project is funded through the one cent infrastructure sales surtax. ITEM BACKGROUND: On February 15, 2018, the County opened sealed responses to the Request for Proposals for the construction of the new Marathon Library and Adult Education Center. Burke Construction Group is the lowest responsible and responsive bidder in the amount of $5,794,995.00. The recommended proposal price does not include a $158,000 alternate for the addition of roof top solar. Staff recommends not accepting the alternate for a solar installation on the roof because the price of all proposers is higher than the engineering estimate that resulted in a 22 year payback period. PREVIOUS RELEVANT BOCC ACTION: November 22, 2016 BOCC approval of a resolution to conduct a Solar Energy Feasibility Study for the Marathon Library Design. October 21, 2015 BOCC approval of a contract with Synalovski Romanik Saye, LLC (SRS) for the design through construction administration of a new Library in Marathon. July 15, 2015 BOCC approved a lease agreement with the School Board of Monroe County for lease of the property for new Library. June 10, 2015 BOCC gave approval for staff to negotiate a contract with Synalovski Romanik Saye, LLC (SRS) for the design through construction administration of the new Library. February 15, 2015 BOCC approved an Interlocal Agreement with the School Board for the Library. July 16, 2014 BOCC approved ratification of a professional services contract with Currie Sowards Aguila Architects to develop several site plan options for the new Library on the School Board property in Marathon. September 2013 BOCC approved the capital improvement plan for the new Marathon Library. CONTRACT /AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: Burke- Final Bid Proposal 2.19.18 Contract - Burke Construction Group for Marathon Library (legal stamped) BID TAB SHEET Final FINANCIAL IMPACT: Effective Date: March 21, 2018 Expiration Date: Total Dollar Value of Contract: $5,794,995.00 Total Cost to County: $5,794,995.00 Current Year Portion: $2,200,000.00 from 314; $1,000,000 from Library Impact Fees Budgeted: Source of Funds: Fund 314 cost center 25004 and Library impact fees. CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO Grant: NO County Match: Insurance Required: Yes Additional Details: If yes, amount: Yes 03/21/18 314 -25004 - CULTURE & REC FUND 314 Project 4 CC1501 REVIEWED BY: $5,794,995.00 Ann Mytnik Completed 03/13/2018 8:32 AM Cary Knight Completed 03/13/2018 9:00 AM Kevin Wilson Completed 03/13/2018 9:23 AM Patricia Eables Completed 03/13/2018 11:26 AM Budget and Finance Completed 03/13/2018 12:09 PM Maria Slavik Completed 03/13/2018 12:12 PM Kathy Peters Completed 03/13/2018 12:13 PM Board of County Commissioners Pending 03/21/2018 9:00 AM ( ") �, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS ow Marathon Library and Adult Education Center Roman Gastesi Clerk of Ur -e Cirrouit Cour.' Assiste rit Coumty Administr tor PVV&E Kevin Madolk, Kevii Wilson, P� E, December 2017 PREPARED BY: Monroe County Prqject Mariager'nent Departrrtent BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR Marathon, Library and Adull BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Sylvia Murphy, District 5 Danny Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Assistant County Administrator PW &E Kevin Madok Kevin G. Wilson, P. E. December 2017 PREPARED BY: Monroe County Project Management Department February 20, 2019 Commissioner- Monroe County Purchasing Department 1100 Simonton Street Key West, Florida 33040 RE: Marathon Library and Adult Education Center Thank you for the opportunity for this Invitation to Bid along with presenting our qualifications for the above-mentioned project, I would like to emphasize a few items for clarity so that you are comfortable with who we are and performance level. We area General Contractors headquartered in Doral, FL with offices in Key West, Miami, Sarasota and Jacksonville. We are proud to consistently provide unparalleled service throughout the State of Florida, the Carolinas, Texas and the Caribbean Islands, N a m '! 'FLTffCi3Ay reiaLUU to your new libraryfacility is lengthy and detailed with the same general scope for your project. This includes over 20 major schools that all had multiple library and educational building components along with the masonry and concrete, site modifications, improvements and utilities, as • indicated in the contract documents. 3 = 0 10145 NW 19 Street Doral,.FL 33172 ® 1722 N. Roosevelt Boulevard Key West, FL 33040 o 3042 University Parkway. Sarasota, I FL 34243 Doral: 305.468.6604 ® F: 305.468.6654 ® Key West: 305.363.2951 ® Sarasota: 941.552.8586 - www.burkeconstructiongroup.com General Contractors I Construction Management I Design-Buiid I Pre-Consti ucflon I Site Development 1 Green Construction I Interior i CGUO Bn09 I Packet Pg. 1607 Awl Pl, o p osa orm Q Marathon • Adult Education The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Descriptior 1. Proposal Form 2. Bid Bond (Proposal Security) 3. Non - Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form 6. Local Preference Form 7. Public Entity Crime Statement 8. Subcontractor Listing Form 9. Insurance Requirements and Checklist 10. Workers Compensation and Employers' Liability 11. General Liability 12. Vehicle Liability 13. Builders Risk 14. Proposer's Insurance and Indemnification Statement 15. Insurance Agent's Statements 16. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. 23 26 27 28 29 30 31 32 33 -34 35 36 37 38 39 -40 41 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5 %) 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; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. B. A list of the officers and directors of the entity.. PROPOSAL FORM 00120- Page 20 of 212 Marathon Library and Adult Education Center C. Relevant Experience: The number -of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). D. The number of years the person or entity has operated under its present name and any prior names. E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES [] NO FX] YES NO r1_" IX I See attached Litigation Summary r 1 _1 YES U NO E] See attached Litigation Summary d. Has the person, principal of the entity, or its officers, owners, partne major shareholders or directors, ever initiated litigation against Monr County or been sued by Monroe County in connection with a contract -,.,,--- services, goods or construction services? This 00120- Page 22 • 219 Marathon Library and Adult Education Center The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: • • [ • • • and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself /herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he /she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he /she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words inconsistency between the two, the Proposal in words shall control. Five Million Seven Hundred Ninety Four Thousand Nine Hundred Ni nety Fi vq)ollars . (Total Base Proposal- words) $ $ 5 724..995.00 (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 23 of 212 Marathon Library and Adult Education Center 1. Alternate #1 Solar Voltaic Roof Mounted System (Alternate 1- words) ----- -LWDArcd—f-Lft-Y—EI Dollars $ $$158,000.00 (Alternate W1 - - — numbers) • I'm PROPOSAL FORM 00120- Page 24 of 212 Marathon Library and Adult Education Center T Pro requirements; M (located in Section 00120))= Business Name: Business EIN # Business Address: City, State, Zip physical business address must be registered as itsjrrindIpal - "4;FMvnent of ate Tor at least one (1) year prior to the notice • of ruest fr bid or FFC�kf - mropo eq o sal. Date: February 15 2^" Signed: W Title: President / CEO id__ =ness , Jennifer E. Enos Februpr 15 2018 PROPOSAL FORM Page I of2 Marathon Library and Adult Education Center Solar Photovoltaic - Alternate 1 Bid 2/16/18 fma Marathon Library Bidding Matrix - Solar PV - Alternate #11 f_ran_____ SALT Service, Inc. 305-289-1150 SOLAR BASE BID Plus CARPORT OPTIONS - Estimated Bid Cost Blended 5 over L�5 (lowest Base Cost Payback - Payback years AFTER — I Power offset cumulative Cost I Solar - includes 1�_6 _x36_0� �attola�rWorld _ mo (Years) (Years) payback B!da_ s T e — c �n roof per specs. Produces 16.1% of power needs. j_... 161% $ 144 Do 13.2 13.1 $ 145,09E Carport Structure igW long by 27 ' deep coverin - b F r, spaces 8 TO ZZ. Includes galv Jcolumns on elevated concrete pier, galvanized Cross beams and purlins, 180 Sunpower 460 Additional Carport Structure watt 21.3% efficiency modules, over South parking -spaces additional 27.8% of Power needs. fully installed structure and modules, grid tied. Produces 276,000 420100 4 3. 9i-%X- , L$ 24.4 14.0 $ 367,00() additional 24.1% of ower needs. Additional Ca 9 1 leep covering park nj_-p.ces 4_ t.S7._fnch�d�e wer No � rport St specifications as above, with 156 Sunpower 460 watt 21.3% efficiency modules.. Produces Northern most parking addi P 239,40LO� .0% Carport Structure 90 n y 27' deep covering _Darklngg __ssp.,.. 3A4 —t-- 159,500 t --24 . 4 14.1 S o 43. lnclu_de�� Additional Carport Structure specifications as above with 156 Sunpower 460 watt 21.3% efficiency modules. Produces , ver North of Building Parking additional 16.0% of Power needs. Additional Carport Structure , ver Eastern parking spaces Base Bid Alternate with higher efficiency panels. L 9 T ,200 I �23.4% $ 95 12. Carport Structure 156' long by 27' deep covering parking spaces t 22.1n s galvanized I columns on elevated concrete pier, galvanize cross beams and purlins, 18OSunpower460 y Additional Carport Structure. watt 21.3% efficiency modules, f installed structure and modules, grid tied, Produces over South parking space! additional 27.8% of Power needs. f S SALT Service, I nc. CVC 56734 riclud�, Structure loo' long — by2i� deep covering parking spaces ' _31,41 tions as above with 116 Sunpower 460 watt 21.3% efficiency modules. Produces a! 17.9% of power needs. Blended Payback (Years) ow 687 bs•s 1- 447 ----------- Library Bidding Matrixi. 305-299-11 ;n Attachment: Burke- Final Bid Proposal .1 .1 (Marathon Library and Adult Education Center Construction Contract Approval) Page 2 oft Marathon Library and Adult Education Center Solar Photovoltaic - Alternate 1- Bid Carp Structure 135' long by 27' �d,,. . ;� p covering parking spaces 44 to 57. Includes Additional Carport Structure spe as above, with 156 Sunpower 460 watt 21.3% eff iciency modules.. Produces Iver Northernmost par ki ng i I — e --- O ------------L 4 dditiO—naI 24 . 1 % of power needs. lCarport Structure 90' long by — 27 — ' deep ` coverIng par — soace. 34 -1. 43 Additional Carport Structure Ispecifica tions as above with 156 S Includes unpower 460 watt 21.3% efficiency modules. Produces iver North of Building Parking additional 16.0%ofpower needs. P Structure 100' long �byV' dee�pcver �lllc,-.-s; 23 to t3t, itions as above with 116 Sunpower 460 watt 21.3% efficiency mod Produces ver Eastern parking spa Additional Carport Structure s Includes Cu , re spe' �ace, a_ jadditional 17.9% of Power needs. 14.4 14.4 SALT Service, Inc. CVC 56734 Library Bidding MatrIx1.xIs 305-289-115O Attachment: Burke- Final Bid Proposal .1 .1 (Marathon Library and Adult Education Center Construction Contract Approval) CONSTRUCTION OF MARATHON LIBRAR7fiffW41 A17k6k-0 MONROE COUNTY, FLORIDA The information contained in this Addendum alters the information contained in the Bid znd is hereby made a part of the Contract Documents. 1. Revisions to drawing pages listed below. COMPICte set of revised drawings attached: AS -101 CG -101 CP - 101 CU-101 cm -101 A-301 A - 502 A - 503 A - 601 A-602 A - 603 A-604 A -605 A-701 A-703 A - 704 A - 803 S-0 S-1 E - 102 S-2 S-3 S-4 S-11 E-101 2. Is there an estimated or set budget? Answer: Budget. is $5,500,000 All other item rE, �,q� Ile CONSTRUCTION OF MARATHON EDUCATION MONROE COUNTY, FLORIDA 1 1 • Janua,ry 15, 2018 The information contained in this Addendum alters the information contained in the Bid and is hereby made a part of the Contract Documents. 1. A clarification for which drawing are to be used. Answer: The Drawings to be used are listed under Addendum 1 and are labeled as: Marathon Library Architectural Part 1 Marathon Library Architectural Part 2 Marathon Library Civil, Landscape & Irrigation Marathon Library Electrical Marathon Library Fire Protection Marathon Library Mechanical Marathon Library Plumbing Marathon Library Structural 2. Can you tell me if any Root Barrier is specified on the Marathon Library and Adult Education Center? Answer- Keith and Associates, Inc (K&A) is not proposing any Root Barrier system for the Marathon Library and Adult education center. 3. There are no fire protection, plumbing or mechanical drawings available with the project documents. Please clarify. Answer — They were attached to Addendum 1 4. Is a Miami -Dade County Occupational License acceptable vs a Monroe County Occupational License? Answer — No. A Monroe County Occupational License is required. 5. The Builders risk insurance requirements listed in the specifications do not mention Flood or Wind. Please confirm that coverage for damages by flood and wind are not required. Answer - It was the County's intent that the term "All Risk of Loss" included coverage for Flood and Wind events. It was therefore the County's intent that the Builders Risk coverage include Flood and Wind coverage. ♦ The stipulated sum agreement indicates that the, by the Monroe County School Building Department and that they will be issuing the permit ? Answer — Correct that the Monroe County School Board will be issuing the permit. However due to the overwhelmin amou t f 7. Please provide permit and inspection fees that ivin % 7 91 ? ement, Answer — The Monroe County School Buflding Department does not have a permit fee and the Marathon Building drvartment has no School Building Departme nt. 1F U, N .4 CONSTRUCTION OF MARATHON t 1 l 1 1 MONROE COUNTY, FLORIDA • 1 1 1 '; January 23, 2018 The information contained in this Addendum alters the information contained in the Bid and is hereby made a part of the Contract Documents. I. I don't see any specification for Data Cabling on reference project. Answer - Data cabling is by IT vendor /specialist. Contractor will install 1 -boxes and conduits per details on sheet E108 and locations shown in floor plan. Commonly EC provides 1 -boxes and conduits and the IT department pulls cables and installs final outlets and cover plates. Contractor to coordinate with IT specialist after all locations have been assigned with quantity and type. See detail 8/E -108. 2. Reference Specifications; absent the "Site Civil Technical Specifications "; the Specifications do not have a Table of Contents. Please provide. Answer: Site Civil Technical Specifications are Included in the drawing sheet GI -002. 3. There does not seem to be any Specifications for Divisions 21— 28 (plumbing, fire protection, hvac, electrical, communications, etc). Please provide. Answer: The specifications for all MEP work are included in the drawings. Refer to: E -100, M -100 and M -100x, P -100 and FP -100 but various specifications may be found throughout the set of MEP /FP drawings. 4. Page 527 from the specifications book on the Library has "Broward County" for the permitting requirements. Is this the projects permitting agency? Answer: Disregard all references to Broward County and replace with Monroe County. S. Will temporary power be provide onsite? Answer: No. The Contractor shall arrange and pay for temporary electricity and telephone service. RFP document Section 01590 Field Offices and Sheds paragraph D. 6. Will a site office be allowed in the parking area? Answer: Yes. Comply with the RFP document Section 01590 Field Offices and Sheds. 7. Tying into the existing property fence, will a temporary fence be allowed next to the wood that is boarding the sidewalk next to the high way? Page 1 of 2 Answer: Yes. A temporary fence should be included. It can run inside the setbacks of the property. RFP Section 01500 part 2.3 Temporary Fencing. B. Work will be performed gam to 5pm, Monday thru Friday? Answer: Yes. Work hours are stated in the RFP as Urn — 5Pm Monday thru Friday. Section 00100, part 5 Special Provisions, Paragraph 8. 9. Holidays are a non- issue? Answer: Contactor can submit a formal written request to work on holidays 72 hours prior to event. Monroe County has the right to accept or disapprove any formal request. 10. Work is allowed on holidays? Answer: Contactor can submit a formal written request to work on holidays 72 hours prior to event. Monroe County has the right to accept or disapprove any formal request. 11. Will there be any FEMA flood height requirements? Answer: FEMA Flood Elevation for the project site is 8.00' NGVD (6.58' NAVD). The FEMA requirement is for the building interior FFE to be 12" above the flood elevation. The County has requested that we provide a HE of at least 2' above the flood elevation. The building has been designed with an interior FFE of 9.04' NAVD, which is 2.46' above the flood elevation. 13. Will a Performance and Payment bond be required for this project, and if so, in what amount? Answer: Yes. The awarded contractor will be required to provide a Performance and Payment bond in the amount of the executed contract. 14. Could you please provide the sign in sheet from the pre -bid meeting. Answer: Sign in sheet is an attachment to this addendum. All other items remain as called for in the documents. End of Addendum No 3. Knight ' Management Department CONSTRUCTION OF MARATHON LIB%t"%A2AU, A ,, -CMTW MONROE COUNTY, FLOREDA A: The information contained in this Addendum alters the information contained in the Bid and is hereby made a part of the Contract Documents. Answer: Clarification to note 5 A, B on S-1 irector, Project Management Department CONSTRUCTION OF LI MARATHON � C OUNTY, MONROE FL OR I DA February 12, 2018 The information contained in this Addendum alters the information contained in the Bid and is hereby made a part of the Contract Documents. 1. Since the permit costs cannot be established at this time will the direct County be reimbursing the Contractor for the direct cost or can an Allowance be established? Answer: Question answered in addendum #2 2. In order to provide you with a complete and accurate quotation for our Light Gauge Steel Roof Trusses, please provide us with the "depth dimension" of the parallel chord (flat) trusses — i.e. section cuts 4 / S -6, 3 / S -7, 5 / S -7. Answer: Depth dimension of the trusses: Section 4/S -6: at the LOW ROOF: Bottom and top elevations of the flat portion of the truss are called out in Section4 /S -6 Section 3/S -7; 5 /S -7: at the HIGH ROOF: Bottom and top elevations of the flat portion of the truss are called out in Sections 3/S -7 and 5/S -7 3. 1 have located exterior illuminated signs for this project but I am not able to find specs. Also not able to find any interior signage and wanted to see if interior signs are needed for this project? Are signs by owner for interior and exterior? Answer: Refer to Section 10400 — Identifying Devices of the Technical Specifications. 4. Please look at the roof plans — A -103 & S -4 as there seems to be a disparity in the steel roof truss areas, more truss areas in the structural roof plan versus the architectural......? Some of the areas are the flat roof areas (parallel chord members as I refer to them as). Answer: Flat area on the roof is the same on the structural dwg. S -4 as is on the architectural dwg. A -103.. On the structural dwgs. the sloped area of the trusses start at the step symbol. The law portion of the step symbol is the flat area, the top portion is sloped even though the symbol itself shows flat line at the top. Pagel of 2 Marathon Library and Adult Education Center RID (PROPOSAL) BOND V r. I've, MEI'I rUlY IEf"I F I ,, S Burke Construction Group, in 10145 N. T. i9th Street, Doral, FL 33172 1.'he Frincip-a, and Arch Insurance Company Harborside 3 210 Hijdson Street Su 300 JMe City, 073 1 1 MO 9 , -, r, -, ills ha, y , he veInAarbw ��o'c �c firl'Ay botind Iffon Monroe County Board o1 County Cofni-nissione 1100 Simonton Street Roomr, 2-213. Key West, FL 316040 ii e i.`Ibvpr_l�_�' in j �, 5% of Amount B!c'I % whikuh iAUP' VO- 'Zmd blA ''i"I a'p. �'.M VhO, th arg�, 1p, inv ,i& milly, firnfly by [fir,;H V Nlaratbkon Library and Adult Edbcalior.% center 3490 Overseas Hilfflh Marat-hon N()W. 1HER-J"I"O' F L 3 0_5 0 ed sfij A enter 4'9 v - with in t3 3�luN• borvd s Fro-ly rx ow "l jr Ccqnkrac anrl kx iN dle . 4'aflu.n.! , twf �h Pdff'�� iPOiq r it- h 9N�5' 30"h b0ndi o boncit E10 SUTICT S'�k'3 if f118 PHrl' Sh V�W to tho�,4 Obli�Me 1-he diffevenr;e no tc," am"eed the perialty hereof between the 6UTTIOUNI: Specified in s�:IICI I bid alld ' Wh llargN- arrx.�u nj for whid"i tha ot�jjge amy in g0odUlith coritrariwith anothef PWV 10 Warm the V%Iork coverad byr said bid, than this tit4igatiUP, Shail Nye mAl anid void, othenwize tor), fernair, in ft0 ffiorc and e Any action instituted by a clairriant LwOer this bond rraisk be in eic•ordanice 170'kv '4#6� notice? and dryip lirnkatio proviril ons in SeCtion 266.05(2"D, Fiorida stabjtes' Burke Construction Group, I , yl� (Principal) ( vitn .01i 'SI (Tkle) PROPOSAL FORNI Arch Insurance Company bavidHo .. ...... crub) over, Attorney-in -Fact 00 1 20- Page �(6 of 2 U a M6 00002 3369 THIS POWER OFATTORN S NOT VALID UNLESS IT I5 PRINTED ON BLUE BACKGROUND, imits ti BS Powerot-Alt erne y M erein, and thqy_"b,#i9A N.,4SPInd the Com '4,p extent here _21 te, Loan, L e Pkfe 'I > CL �,t?te, Interest _ _Vatoue 604 I�L 'AM These Prese� That the Arch Insurance Company, a corporation organized and existing UZI he laws of the State of Missouri, hav its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the 'Company") does hereby appoint: -Ar.'tjiur L8wrencO-Colleyof Charlotte, .;. -4% tq Q -Lake Worth A 5- " IM v . j re DN" "s Charles J. Ni G am! Lake�, ,(1 1 MR Z9 A f Mi F E anny ann, ►Edward T. Ward d 6dfff-R, VM-- Atlanta, GA (EACH John R. Neu and Kevin Wojtowiczof St. Petersburg, FL (EACH) Laura D. MoSholder of Orlando, FIL 4 �!J� h0haM this power for y(s)fn 1 41 ,-ip 45- n`i%k'A_ Rittorne a ef V w e 0, and deliver frod% Oh eW,- ,I- -o .- tR and deed: a L IRMA L 7 MY S i i4KM p 3 Any and all bonds, undertakings, re and other surety obligations, in ft penal sum not e=eeding -Nfn2pL �rfifon Dollars Q2QSQP.000.00). ft Thfi3 authority .46'e"s not permit the d '. M j -`r�&bb dMIR1.4c; each such b r AM Into two or morg 1 Z 6stset fcrth herew-2; A ox r NI The execution of such bonds, undertakings, recognizances and other surety obfigations in Pursuance of - these prds6 shah be as binding upon the said Company as furgy and amply to all intents and purposes, as if the same had been duly executed and acknowledged_ by its regularly erected officers at its principal administrative office in Jersey City, New Jersey. qL A Z ll 6L aa of Dire _C '6.6�ypfjr_�6�pj card dfg athe His M5kWd90AA__H6b_ I w W y is execute 40: 6�,sadoptedbyq M -_sdiM- cr r201 1, true and, q gra�j t cQ st�,4 y certified to %"aam pp 666h are here b-h armtpane Secretary as being in full force and _a This PpYtter of Attorney Ls signed, seared and certiffed-py facsirniff� under area by autharity of the fOlf res0fLrdkM adapted by ih ad .oMMOUS -6qbs of the Board of0irector,,t; of lhe- qM C an Septernber..15j:20_11: , F 7 o _ n of e of the- qh4i fil& Boa rd, the Presiderit , resrdent, or any Selio resident, ubdu . a r the &2 Business Division, or their appointees designated in Writing and fired with the Secretary, avid the 6[guat . rjre of ttv-,- Secretary, the seal of the Gom and certifications by the Se=tary, may be affixed by 180 sify) le utl WIY Power ofafterney or bond executed rnxb,5�ant to the resolution adeapted by the Board of 01reclars, en September 15, 2011, a[A a sula p ower so em(e seated nd..Cert respect o,.gi -bond nd __ ng to Whi h it Ls a 'ute RY hall 0114INke be Yaffd and b , _Vrld U co 061VAL00113 00 0,3 03 A� 001',102332,69 h, reWony Wren,, Me WnVany has caused ihi,.'i insirurneinI to ',)@ sWned and Its coqCoreti,,,, -,, be af5xec 1- -)Y th6i" auihori-7ed this of 20' j_ AnwWd W NOW it Oki, S lit 01 CH'... WHASY1_=01A SS G twat NT"i" (-')F PHILA',E)ELFIFDA GS �Vc , ri lnsuranf�e (-ornpany SID 'q V Q !, ftihchole "Fdrx)(Ji, a NcKy PuNo do hwdg cer M pWdd K W t ,' ul€1 [.)r. Par. f'inkelsido fx"rsc.)nally knovvin to (Iie to be 0,-, S persons vvl'iose n&nc es arn re.spacifv".�Iv a's and Dc.W-liv�-. Vic�, lPa.,- (A the Arch (,'orrpany, orW.. d ancl i.mde-'r H ke, W d Me SWW of Muscu" subsc'ribcd r3 Ivie for uqt.,,4-rg c Hit day in person LY)d s eve ralh! acknowk)d� 2 �'--nad befor., roc-, ied iha! they twint, Sy aW&dwd AWmQ seWed with the ixTcrate seM ancl ,tom livaredi 1he sFird' instrurrionr a , tIo trec'., and volurnta �, purposes them in sei hvflh� I ry X1 of said corpuratic' and as MeW own We and Wwomy ads br 5r X ,W c 'v "va n.v AVAMAL s MMUE "MIKA114, Veux,, NuA%- Cklht 0, ttr r, , r attEs I hPigh NO% Pubk: RAY con?"Mshn expiJaS 02 1, Pairick I/, CA he Arch huNamu Cwlmq, Q Wreby c~hN MG, atlyched flower of Wm ay dated 1ja jZ,2Q j1 n bel oha of Me pemonbs) as Wed abme 4 a uue art MW aVy and ffi tne sainne hi-is r""aen in full fo'ce and effect Since the ciate thoreof and o in fun harce and e0eci on the, d l�,itp of tho cenWhaty and ; do furdher c, grat the said Dovid Nji, Finkelstein, m6c; womod Me Power of Afforney as Executive We PrwWem, was on Une dz-iie of exectAion of the aflacnnd Power cr Alftorriey the &111 E:-(ectihveC/ice President of" the Arch InLurance Comparjy, IN TESTINION"� )Afl-1ERE0F I haVe ITW'sur`fto s0suhed n name and aMmd Rm corgionve sew of w &M Inagwye, QnVany on His day of 2Q ar 11 --ifs"a F5t&k PK Neils, Secretart This Power of Aftorn(zy limits the �-Ilw of tnoc.ie narned 1hemin 10 the bwds Md uncleAkings specifir2fly riCirp,,xi V rain and they fjaVe no authority to bind the Covnp except in ths ma, ner and i(.,) t o L e herein siated, 9 1 rj j PLEASE 'SiEND, ALL RELATING TO THM SoNri 'r T!Hlk ArcA, 1 — r 1! 001AL0013 00 03 03 Age 2 W 2 Prin,,",ed in U,Sjo\� \ \ � . . . . . /� } � <� { \w . .�� § / � ? � \ y : � y \ t . . } 2 O « 2 �.y Marathon Library and Adult Education Center SECTIObLOO120 1. A 'r c,re true and correct, and made with ful': y 201 (Date) STATE OF: ,._Elo jda COUNTY OF. iami -® ads PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individua� signing) affixed his/her signature in the space provided above. PROPOSAL FORM 00120- Page 27 of 212 F7 U L 0 L a \�� \ %�� / \ \� \ ^ � � � ' - d F an R-eq.uiren��ients A A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015, must complete this form. Name of Bidder/Responder Burke Construction Group, Inc. Date: February 20, 201 Tel: 305-363-2951 Fax: 305-363-2953 Telephone Number: 1722 Roosevek Boulevard Key West, Florida 33040 Address Signa re and Title of Authorized Signatory for Bid r/Responder STATE OF Florida Tel.Number 305-363-2951 Print Name: Anthony I Burke COUNTY OF Miami-Dade On this 20th day of Febru 2018 � before me, the undersigned notary public, personally appeared AnthnnV.1 Ri irkp known tomabobe the person whose name ia subscribed above or who produced Personally Known To me as identUfinadon, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: _ Print Name 4114, PROPOSALFORM Notary Public State mFlorida � ArmandoOilvwira My Commission GG 036788 OF' CIF* Expires 1010612020 00 1 20- Page 30 of 212 Y i n a 3, 9 o n t 0, interest Clause Aw, r. Marathon Library and Adult Education Center SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 16 e (Company) W . _2o STATE OF: COUNTY OF- Miami-Dade Subscribed and sworn to (or affirmed) before me on _ 20201 8 (date) (name of affiant). He/She is personaily known to ir has produce de as identification. (Type of identification) Notary Public State of Florida Armando Sfiveira MY Commission GG 036788 E vires 10/0612020 My commission expires:_ 0 / � I , "' -z 0 NOTARY PUBLIC ~ ^ Free L,; r u 9 vvor p.lace Tv 71EI li -4, jm,i l l l N`11 1 ` 1- A Marathon Library and Adult Education Center The undersigned vendor in accor 0 dance with R. • ,,.,.-@urke QQD-Str—POM-9rou .a, (Name of Business) f ebruary-,ZQ_ Date PROP OSALFORM 00120- Page 29 of 212 I arim*�, Q c � � � Entit, Y, C r \�� e , .. : tatement A 1 • 1 f • f LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004 -2015, must complete this form. Name of Bidder /Responder Burke Construction Group, Inc. Date: February 20, 201 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) City of Key West License. David Martinez who is 50% owner and the P Vis a redient of Key Largo 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Y Contractor has full office and staff in Monroe County 6t�if4�btq�5 be regi ered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 1722 Rocs_ eve I Boulevard K _ We t. Florida 3304n Telephone Number: T el: 305 - 363 -2951 Fax: 305 - 363 -2953 B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the. subcontractor dated at least one (1) year prior to the notice or request for bid or .proposal 2. Subcontractor's . physical business address within Monroe County from which the subcontractor operates: (The.physical business address must be registered as - its principal place of business with the Florida Department of State for at least one (1) year prior to ,the notice of request for bids or proposals) 1722 Roosev Boulevard Key West, Florida 33040 Address _ President / ('Pn Signa re and Title of Authorized Signatory for Bid r /Responder STATE OF Florida Tel. Number 305- 363 -2951 Print Name: Anthony a Burke COUNTY OF Miami -Dade On this 20th day of _ February , 20 ,before me, the undersigned notary public, personally appeared . Anthony .i Riirkr� , known to me to be the person whose name is subscribed above or who produced personally Known To M e as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: &A A Print Name A -z P# S, r -j o or Notary Public State of Florida r Armando Silveira s c` My Commission GG 098788 �oF�+o Expires 10108!2020 00120- Page 30 of 212 PROPOSAL FORM Marathon Library and Adult Education Center Date." STATE OF: COUNTY OF: D Subscribed and sworn to (or affirmed) before me on the 20th . day of—E 2018 , by AqhoRy j. Burke (name of affiant). He/She is personally known to me • has �. •ducr d- ' Persong - 1-1vi — owp" _Tq Me identification) as identification. (type of MY Commission Expires: 0 NOTARY PUBLIC OtarY Public State of Florida Armando 811veira fag MY COMMISSIon GG 03o7&I cF vP Expires '10/08/2020 � !� ; j � 2 c o n t r a c t o r List Form A Marathon Library and Adult Education Center T m r?. M.-, I Division Subcontractor Contact Person Ph # w/area code Fax: Cell: Address U��., PROPOSAL FORM 00120- Page 32 of 212 u tk v v r n , / a: a + N I. tateriient L i i t r . �i �f All Awl SURKCON -01 C` MOREJ R CERTI LIABIL I f _.__ _ oarE (MM/DDnryY) Uzi I 0120i 8 CERTIFICATE DOES NOT AF ®IRMATIVELY NEGATIVELY I AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT. CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESE OR PRODUCER, AND THE C HOLDER. .W-__. — — — 1111,110noVAU'r. If _ _° �••• - ' v - ,a an AUUI I IUNAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 su endo rsement(s). P RODUCER _ _.— . — w � CONTACT —^ C ollinsworth, Alter, Fowler & French, LLC NAME. 8000 Governors Square Blvd PHONE _ -- T Fax - - (A/c, No, Exq: (305) 822-7800 - -- - Suite 301 E -MAIL — - - - _ .- I (A/c, Na) (305) 362 -2443 Miami Lakes, FL 33016 AD -- — - -- _ __ INSURERS) AFFORDING COVERAGE __ _ NAIC # INSUR ERA Twin City Fire Insurance Co INSURED _ _.._ .._ — � 29459 � _ �N SuRERa _Trumbull Insurance Company_ 271 120 Burke Construction Group Inc wsuRERC: Casually r - _' - " - 10145 N.W. 19 Street — - -- y ! 29424 INSURERO:_Hartford Ins Co of the SE oral, FL 33172 138261 INSURER E_ Hartford Fire Ins Co - - - . _ 19682 "`•`�" �` INSURERF: - ::OVERA CERTIFICAT E — — _.— _ NU _ — — — THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I CERTIFICATE MAY BE NOT WIT H STANDI NG OR MAY PERTAIN, TERM OR CO NDITION NDITION OF ANY CONTRACT OR OTHER DD NAMED _NUMBER: NSURED NAMED ABOVE FOR THE POLICY PERIOD AFFORDED BY THE POLICIES OCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS A CO NDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN R EDUCED BY PAID C AIMS.ED HEREIN IS SUBJECT TO ALL THE TERMS, TR ,ADDL SUBR -- . "__ - _ inasn 4nes,r °r. poi Iry unnnuo® I POLICY EFF I POLICY EXP TYPE OF INSURAN "- --- - - --- -- - X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L}(J OCCUR X $5000. PD Ded GEN'L AGGREGATE LIMIT APPLIES PER: — 1 POLICY L A I J C IJ LOC AUTOMOBILE LIABILITY I X I X I2IUEAHV8478 1 I i ANY AUTO _ )( I X '21UEAHV6986 AS OS ONLY X SCHEDULED AUTOS -� X AUTOS ONLY X NON -O ED AUTOS ONLY C X ( UMBRELLA LIAR X - . 00CUR EXCESS LIAB CLAIMS -MADE X I X 21RHAHV7793 DED X RETENTION$ 1 O WORK ERSCOMPENSATION - - -- AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN X 121 WBAA05781 OF FICER /MEMBER EXCLUDED? r� N ! A (Mandatory In NH) _U MI ft /YYYYi__1MMIDD /_YYYY ; LIMITS _ — _ EACH OCCURRENCE $ 1 _.. - . _ 04/16/2017 1 04116 /2018 I DAMAGE TO RENTED PREMISE$ (Ea- oaurrence) $ 3 30( i MED EXP (Any one person) $ 1 1C PERSONAL & AD INJURY $ 1 1,000 1 1PENERALAGGREGATE I$ 2 2000 , l PRODUCTS - COMP/OP AGG $ 2 2,000 i COMBINED SINGLE LIMIT $ (Ea accident) ! $ 1 1,000. 04/16/2017 04/16/2018 I I BODILY INJURY ( (Per person) I $ j_ BODILY INJURY (Per acciden_t) $ P OPERTY ciden pAMAGE 1 Per act (-- -_. - -- _..1. EACH OCCURRENCE $ $ $ 000, .,.AGGREGATE - $ B B 04/16/2017 1 X . J . STATUTE I I EE 1 E L EACH ACCIDENT I $ $ 1,000,1 ! E E,LDISEASE EA EMPLOYEE.:_$_ 1 1 , 00 0,( —_„ _.. —,,, ' E n, DISEASE - POLICY LIM)T $ 1 1,000,1 MON OF O PERATIONS/ LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, Name: MARATHON LIBRARY & ADULT EDUCATION CENTER may be attached if more space is required) Address: 3490 Overseas Highway, Marathon, FL 33050. Monroe County Board of County Commissioners, its employees and officials are named additional insured on all policies, except for Worker's Compensation. Policies are primary and non - contributory basis when required by written contract. Waiver of Subrogation applies in favor of the additional insureds with respects to General Liability, Auto Liability, and Workers Compensation policies when required by written contract. Excess /Umbrella Policy Follows Form. 30 Day Notice of Cancellation is given to the County by the insurer, subject to policy terms and conditions. Monroe County Board of County Commissioners 1100 Simonton Street Room 2 -213 Key West, FL 33040 ( AUTHORIZED REPRESENTATIVE © 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE .DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER: 21 UEAH V8478 w THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES R C This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART }Name Of Additional Insured Person (s) � Or OEg anization(si° _ I� g Of Covered 01 eratio Lo cation(s) () Desr nated Project(s) Or L 'ALL, 'Y'CEP'3 ADDITIONAL INSUI<Ens ions: THAT ARE INSURED CINDER A SEPARATE; ADDITIONAL INSURED ENDORSEMENT ON THIS POLICY n ormation required to comnlete this Schedule rf not shown above wili be shown in the Decl A. With respect to those person(s) or organization(s) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this Policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section II — Who Is An Insured is replaced with the following: f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; (2) In connection with your premises owned by or rented to you and shown in the Schedule: or Form HS 24 80 47 13 (3) In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "Products- completed operations hazard", but only if: .(a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". The insurance afforded to the additional insured shown in the Schedule applies: (1) Only if the "bodily injury" or "properly damage" occurs, or the "personal and advertising injury" offense is committed: (a) During the policy period; and (b) Subsequent to the execution of such written contract or written agreement; and C) 2013, The Hartford Page 1 of 2 (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) (c) Prior to the expiration of the period of lime that the written contract or written agreement requires such insurance be provided to the additional insured. (2) Only to the extent permitted by law✓; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance 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, designs or specifications: or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the Schedule are described in the Limits Of Insurance section, How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV — Commercial General Liability Conditions is replaced with the following: When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non - Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Form HS 24 80 07 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered, Throughout this policy the words "you" and "your" refer to (3) Prior to the Policy period, no insured listed under Paragraph 1. Section - the Named Insured shown in the Declarations, and any of II Who Is An Insured and no "employee" authorized other person or organization qualifying as a Named -� Insured under this policy. The words "we ", "us" and "our" by you to give or receive notice of an "occurrence" or ° refer to the stock insurance company member of The claim, knew that the "bodily injury" or "properly damage" had occurred, in whole or in Hartford providing this insurance, part. If such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily w qualifying as such under Section 11 - Who Is An Insured, injury" or "property damage" occurred, then any Other words and phrases that appear in quotation marks continuation, change or resumption of such co have special meaning. Refer to Section V - Definitions. "bodily injury" or "property darnage" during or S ECTION ! -COVERAGES after the policy period will be deemed to have N been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY o° [DAMAGE LIABILITY c• "Bodily injury" or "property damage" will be deemed �+ * 1. Insuring Agreement to have been known to have occurred at the earliest time when a. We will pay those sums that the insured becomes any insured listed under Paragraph 1, of Section II - Who Is An Insured or — legally obligated to pay as damages because of any employee" authorized by you to give or — "bodily injury" or "property damage" to which this receive notice of an " occurrence " or claim: _ insurance applies, We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage" to us or any other insurer; — those damages. However we will have no duty to (2) Receives a written or verbal demand =- defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to or claim for damages because of the "bodily injury" or "property -.-� which this insurance does not apply. We may, at damage "; or our discretion, investigate any "occurrence" and (3) Becomes aware by any ether means that settle any claim or "suit" that may result. But: "bodily injury" or "property damage" has (1) The amount we will pay for damages is limited occurred or has begun to occur. — as described in Section III - Limits Of d• Damages because of "bodily injury" include Insurance; and damages claimed by any person or organization for (2) Our right and duty to defend ends when we care, loss of services or death resulting at any time from the 'bodily injury — have used up the applicable limit of insurance in . the payment of judgments or settlements under a Incidental Medical Malpractice -° Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care No other obligation or liability to pay sums or services as a physician, dentist, nurse, perform acts or services is covered unless explicitly emergency medical technician or paramedic = provided for under Supplementary Payments - shall be deemed to be caused by an "occurrence Coverages A and B. ", but only if: b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency — "property da mage" only if; medical technician or paramedic is (1) The "bodily injury" or "property damage" is a Toyed by You to provide such services; _ caused by an 'occurrence." that takes place in the "coverage territory"; (b) You are not engaged in the business or occupation of providing such services. HG 00 01 06 05 2005 The Hartford Page 1 of 18 (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) ............................... (2) For the purpose, of determining the limits of insurance for incidental medical malpractice, any act or ornission together with all related acts or ornissions in the furnishing of these services to any one person will be considered one "Occurrence ". 2. Exclusions This insurance does not apply to: a, Expected Or Intended Injury "Bodily injury" or "properly damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract . or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract ", provided the "bodily injury" oi l. properly damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage ", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract ": and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers` Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract ". f. Pollution (1) 'Bodily injury" or "properly damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury'" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed, for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured: or Page 2 of U HG 0 Packet Pg. 1646 MMEMEHIM, IMM (W) "Bodily injury" or "property damage" arising Gul of heat, smoke at' fumes from (e) At Of from any premises,,sile Or location on a "hostile fire"; which any insured Or any contractors or subcontractors working (b) At or front any Premises, site or location directly or indirectly on any insureds behalf which is of was at any lime used by or for insured are perfoo-ning operations if the operations are to test for, any or others for the handling, storage, disposal, processing or treatment of monitor, clean up, reMOve, contain, treat, detoxify or neutralize, in waste; or any way respond to, or assess the effects of, "Pollutants", (c) Which are or' were at any time transported, (2) Any loss, coal or expense arising Out handled, stored, treated, disposed of, or processed as waste by tar for of any: (a) Request, dernand, order or statutory or (i) Any insured: or regulatory requirement that any insured or rq (ii) Any person or organization for whore others test for, monitor, clean up, re move contain, treat, detoxify or neutralize, you may be legally responsible; or in any way respond to, or assess the effects of, (d) At or from any premises, site or location on °POIILitants"; of - which any insured or any contractors or' () Claim or suit by -4 0 SUbcontractors working directly Or indirectly governmenfal authority for damages M on any insureds behalf are performing because of t fcr, monitoring, clea co operations if the "Pollutants" are brought o n up, removing , containing, treating, E or to the premises, site Or location in detoxifying or neutralizing, or in any way connection with such operations by suctl responding to, or assessing the effects of, insured, contractor or subcontractor, pollutants", 0 However, this subparagraph does riot apply However, this Paragraph does 14 r-4 to� "Bodily not apply to liability for damages because Of "Properly (i) injury" or "property damage" darnage" that the insured would have in the arising Out of the escape of fuels, absence Of Such request, de rnand, order Cr lubricants or other operating fluids which statutory or regulatory requirement, or sled, are needed to perform the normal claim or t'suit" by or on, behalf of a governmental electrical, hydraulic or mechanical authority, functions necessary for the operation of g. Aircraft, Auto Or Watercraft mobile equipment." Cr its parts, if such fuel, ls lubricants or th oer operating fluids "Bodily injury" or "property damage" a sing o o f escape from a vehicle Part designed to the ownership, Maintenance, use or entrustrnent to others of any aircraft, "auto" hold, store or receive them. This exception does not apply if the "bodily or watercraft owned or operated by or rented or loaned to any insured. Use includes injury" or "Property damage" arises out of operation and "loading or unloading", itft the intentional discharge, dispersal or This exclusion applies even if the clairnS against release of the fuels, lubricants or other any i insured allege negligence or other wrongdoing operating fluids, or if such fuels, p in the su ervision, hiring" employment, training or lubricants or o rather operating fluids are monitoring of others by that 11 insured, if the brought on or to the premises, site o r e occurrence!" which caused the "bodily injury" or location with the intent that they be properly damage" involved the ownership, discharged, dispersed or released as part maintenance, use or entrustment to others of any "auk)" of the operations being performed by aircraft, 01' watercraft that is owned or such insured, contractor or operated by or rented or leaned to ally insured, subcontractor This eXCILIsrun does not apply to: (h) "Bodily injury or "properly damage" (1) A watercraft while ashore on prer You own sustained within a building and caused or rent; by the release of gases, fumes or vapors from materials brought into that building (2) A watercraft you do lot own that is: in connection with operations being (a) Less than 51 feet long; and perfon by you or on Your behalf by a (b) Not being used to carr Persons for contractor or subcontractor; or a charge; (W) "Bodily injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising Out of heal, smoke or fumes from a "hostile fire"; premises You Own or rent, Provided the "auto' is or not owned by or rented or leaned to you o th insured; MMEMEHIM, IMM (4) Liability assumed under any "insured contract" for the ownership, 'maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment'; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage ", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "properly damage ", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authonly in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "properly damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "properly damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4 of this exclusion do not apply to "properly damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site, Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard ". Damage To Your Product "Properly damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work "; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Page 4 of 18 HG 00 01 06 0 Packet Pg. 1648 rn 0 0 �a 0 co eg+ i cv ry 0 0 er r-, n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall,. inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your produci"; (2) "Your work "; or (3) "Impaired property "; if such product, work, or properly is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury" p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD_ ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment- Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices'; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment - related practices" are directed, This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury or "property damage" arising out of the "asbestos hazard ", (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard ", (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard "; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard ". Damage To Premises Rented To You -- Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h, and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section ill — Limits Of Insurance, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary payments Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. This insurance dnnonWepply to: a. Knowing Violation Qy Rights OfAnother "Personal and advertising injury" arising out of an offense committed by, ei the direction or with the consent mr acquiescence of the insured with the expectation nfin0climg "personal and advertising injury". h. Material Published With Knowledge OfFalsity "Pammno| and advertising injury" arising out of oral, written or electronic publication of mo|ehe|. if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising Out ofons| written or electronic publication of material whose — first publication took place before the beginning the poUcypehud, ~' d. Criminal Acts "Personal and advertising injury" arising out of e criminal act committed by or at the direction of the insured, "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply toliability for damages that the insured would have in the absence u[ the contract of agreement. f. Breach Of Contract (2) Sk0an, unless the slogan is also n|rademonk trade oame, service mark or other de�gmn n�` of origin urautherthci|y; or. ^ (3) Title o/ any literary o/ artistic work, j. Insureds in Media And Internet Type Businesses "Peqono/ and advertising injury" cornmi#ed by an insured whose business is: ( AdvertiyinO, bnoadcasi|ng, publishing or telecasting; ( Designing or determining content Nweb siles for Nhers�m (3) An |Nnmet search, access, content or service p^mxoe/ However, this exclusion does not apply t Paragraphs 17.a b' and c. Of ^ penanno| and advertising injury' under the Definitions Section. For the purposes of this exclusion, Placing an ` advertise meoV^ for or linking to others on your web y/\e, by iioo/[ is not considered the business o advertisng, bmodcesting, Publishing or telecasting, k. Electronic Chatmmoms[h Bulletin Boards "Personal and advertising injury" arising out of an electronic cha|mnm or bulletin board the insured hos\o, ovvns or over which the insured exercises control. L Unauthorized Use Of Anmther'e Name Or Product "Personal and advertis injury" arising out W the unauthorized use of anuthe/s name or Product in youre'maU addens, domain name or me1sdago or any other similar tactics to mislead anoih rs Potential customers. Pollution "Pemunaf and advertising injury" out of e breach of contract, except an implied contract to use aoomer's "advertising idea" in your °edvertisemnny' 9. Quality Or Performance Of Goods —FaOoro To Conform ToStatements M. "Personal and advertising injury" arising out of the ha|{ue of goods, products or services to conform with any statement of quality or performance made io your ''advertisement" h. Wrong Description 8fPrices ^Pomone} and advertising injury" arising out of the wrong description of the phoo of goods, products or services. i Infringement Or Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyhght, patent, trademark, trade name, trade aecret, service mark or other designation of origin or authenticity. gn However, this excusiun does not apply to infringement, in your ''edvertisomed^.of: (1) Copyright; "Personal and odverlinoA injury" arising out of t ocUuo|, alleged nrthreatened disoharge. mn| oenpege, migration, release or escape ' ''po8u(ome''aionyUm' cmpe o� n. Pollution-Related Any loss, cost or expense arising out nyany: (1) Requast, dememd, order or statutory or regulatory requirement that any insured or others test for, mnnbm/ clean up. remove, nontain, treat, detoxify or neutralize, or in any may respond in, or assess the ef�o` a o' ' ^pollutants"; or ( Claim of noK by or on behalf of governmental authority for danneAex because of testing for, mon/1mhng, cleaning up` nannnmng, containing, treating, d�gn«hying or neutralizing, or in any way responding to. or assessing the effects o f, Page 6of18 HG 0 I Packet Pg. 1650 0 0 .-a c� a H 0 M r- wV m x N N 0 0 d= H iz I r. IE t. U "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. P. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti -trust law. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer ", director, stockholder, partner or member of the insured. Employment - Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices "; or HG 00 01 06 05 (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment- related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard ". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard "; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond is or assess the effects of an "asbestos hazard "; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard ". COVERAGE C MEDICAL PAYMENTS Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; Provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require, Page 7 Packet Pg. 1651 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) Firs( aid administered at the lime of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products- Completed Operations Hazard Included within the "products - completed operations hazard ". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist rrs in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. e. All costs taxed against the insured in the "suit". f, Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance, These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract "; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract "; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit "; (c) Notify any other insurer whose coverage is available to the indemnitee: and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit "; and (b) Conduct and control the defense of the indemnitee in such "suit ", So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, HG or Packet Pg. 1652 HG 00 01 06 05 Page Packet Pg. 1653 necessary litigation expenses incurred by us and necessary litigation expenses incurred However, none of these "employees" or "volunteer by the indemnitee workers" are insureds for: at our request will be paid as Supplementary Payments. Notwithstanding the (1) 'Bodily injury" or "personal and advertising Provisions of Paragraph 2.b.(2) of Section I - injury ": Coverage A - Bodily Injury And Property Damage (a) To You, to your partners or members (if Liability, such payments will not be deemed to be you are a partnership or joint venture), to your damages for "bodily injury" and "property damage" and members (if you are a limited liability will not reduce the limits of insurance. company), to a co- "employee" while in the Our obligation to defend an insured's indemnitee and course of his or her employment or to pay for attorneys' fees and necessary litigation performing duties related to the conduct of expenses as Supplementary Payments ends when: your business, or to your other "volunteer a. We have used up the applicable limit of insurance workers" while performing duties related to in the payment of judgments or settlements; or the conduct of your business; ° b. The conditions Set forth above, or the terms of the (b) To the spouse, child, parent, brother or sister agreement described in Paragraph f. above, are no of that co- "employee" or that "volunteer worker" longer met, as a consequence of Parag (i)(a) above; m SECTIGN II -�hiHQ IS AN INSURED (c) For which there is any obligation to co 1. If you are designated in the Declarations as: share damages with or repay someone else who a. An individual, you and your spouse are insureds, must pay damages because of the injury but only with respect to the conduct of a business described in Paragraphs (1)(a) or (b) above: N of which you are the sole owner. or b. A partnership or joint venture, you are an insured. (d) Arising out of his or her providing or failing to Your members, your partners, and their spouses provide professional health care services. are also insureds, but only with respect to the If you are not in the business of providing conduct of your business. professional health care services, Paragraph (d) - c. A limited liability company; you are an insured. does not apply to any nurse, emergency — Your members are also insureds, but only with medical technician or paramedic employed by respect to the conduct of your business. Your you to provide such services. — managers are insureds, but only with respect to ( "Property damage" to property: their duties as your managers. (a) Owned, occupied or used by, — — d. An organization other than a partnership, joint venture or limited liability company, (b) Rented to, in the care, custody or control of, you are an insured. Your "executive officers" and directors are or over which physical control is being insureds, but only with respect to their duties as exercised for any purpose by your officers or directors. Your stockholders are You, any of your "employees ", "volunteer also insureds, but only with respect to their liability workers ", any partner or member (if you are a as stockholders, partnership or joint venture), or any member (if e. A trust, you are an insured. Your trustees are also you are a limited liability company), ® insureds, but only with respect to their duties as b Real Estate Manager -=-" trustees. Any person (other than your "employee" or "volunteer =` 2. Each of the following is also an insured: worker "), or any organization while a. Employees and Volunteer workers acting as your real estate manager. Your "volunteer workers" only while performing C. Temporary Custodians of Your Property duties related to the conduct of your business, or Any person or organization having proper your "employees ", other than either your "executive temporary custody of your property if you die, but — officers" (if you are an organization other than a only. partnership, joint venture or limited ( ( With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property; and liability company), but only for acts within the scope of their employment by or (2) Until your legal representative has been you while performing duties related to the conduct of your business, appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page Packet Pg. 1653 have all your rights and duties under this Coverage Bart. Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. Formed 3 . Newly Acquired or Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 3 • " R f '. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. 'Property damage" to properly owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any Other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insures: under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state Of political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) 'Bodily injury " or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement: ! f i ! . ! c� a cr rd n OD r- m x �i IN 0 0 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the Product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts tinder instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment ]eased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. i+ i! � c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance 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 services by or for you, 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. e. Permits Issued By State Or Political Subdivisions Any stale or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury" "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "properly damage" included within the "products- completed operations hazard" Any other person or organization who is not an insured under Paragraphs a. through e, above, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products- completed operations hazard ", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance 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. Persons or organizations making claims or bringing °' suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and c. Damages under Coverage B. 3. Products - Completed Operations Aggregate Limit The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "properly damage" included in the "products - completed operations hazard ". 4. Personal and Advertising Injury Limit: Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization, 5. Each Occurrence Limit Subject to 2, or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one 'Occurrence ". Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one Premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by tire, lightning or explosion, the Damage to Premises Dented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. Medical Expense Limit Subject to 5, above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 13 The limits of insurance that apply to additional insureds under this provision is described in Section Ill — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay 7 The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or 11 1 1, How Limits Apply To Additional If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 000 Packet Pg. 1656 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of; a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the o beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding ° period for purposes of determining the Limits of Insurance. CD SECTION IV – COMMERCIAL GENERAL LIABILITY m CONDITIONS 1. Bankruptcy e Bankruptcy or insolvency of the insured or of the C) insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include; — (1) How, when and where the "occurrence" or -- offense took place; (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage _ arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any _ insured, you or any additional insured must: (1) Immediately record the specifics of the claim or suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, — notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence ", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b, TO sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Pail or ,, that are in excess of the applicable limit of insurance, An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j, of Section I - Coverage A - Bodily Injury And Property Damage Liability; (C) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or o (7) When Your Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage pan, (a) Primary insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c, below. (b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Parl. G. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. "" I Packet Pg. 1658 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under [his method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of ® each audit period we will compute the earned C. premium for that period and send notice to the first 'A Named Insured, The due date for audit and `D retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and c audit premiums paid for the policy period is greater o than the earned premium, we will return the excess to the first Named Insured. m c. The first Named Insured must keep records of the information we need for premium computation, and e; send us copies at such times as we may request. 0 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon _ representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this — Coverage Part because of such failure. 7. Separation Of Insureds ® Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Or Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Pail, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient Proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television,; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network, 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment, But "auto" does not include "mobile equipment ". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or darnage occurs in the course of travel or transportation between any places included in a, above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities .of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker "Employment- Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or cre Employment- related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work ", that cannot be used or is less useful because: a. It incorporates "your product" or "your work " that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of,a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your worts "; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a (ease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while N. q � rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the toil liability of another party to pay for "bodily injury" or "properly damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing, However, Paragraph f. does not include that part of any contract or agreement. (1) That indernnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or darnage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; HG 00 01 An nr Packet Pg. 1660 m 00 p-s ra fD CD HG 0 01 06 05 page I Packet Pg. 1661 b. Does not include "bodily injury" or "property damage" arising out of. ( The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalted equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all reselling loss of use of that property_ All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the firne of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property_ Electronic data means information, facts or programs. a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- R.CMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or ., personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or shorl- term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee "; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product ": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product "; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work ": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of, "your work ", and (2) The providing of or failure to provide warnings or instructions. HG 0001 o ns Packet Pg. 1662 Burke Construction Policy# 2IDEABV6986 HA 99 16 D3 12 THIS ENDORSEMENT CHANGES THE POLICY. PUEASE FRiEAD 11" CAREFULLY, COMR /�� _ ___ _ ,~. , ~=,�"��*�� '°' / u�u�� E N� D 0 R S E E` This endorsement modifies insurance provided under the following: To the extent that the provisions of this endorsement provide broader benefits to the "insured" than th ' 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (i) Any legal business entity other than a partnership or joint venture, formed eua subsidiary in which you have on ownership interest of more than 5096 on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "inuured" under any other automobile policy or would be an "inauned" under such e policy but for its termination or the exhaustion of its Limit ofInsurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named insured does not include any newly formed or acquired organization: (o) That is a partnership or joint venture, (b) That is on ''/nnured'' under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition orformation. Coverage does not apply to "bodily injury" or "property damage" that oeyuhm from an "accident" that occurred before you formed or acquired the organization. S. Employees amInsureds Paragraph A.1 -VVHO IS AN INSURED ' of SECTION /! LIABILITY COVERAGE is amended toedd� d. Any "employee" of yours while using a covered ''eubr" you don't mwn, hire or borrow in your business or your Personal affairs, C. Lessom as insureds Paragraph A.1. VVHO/SANINSURED of Section U - Liability Coverage is amended to add: e. The lessor ofe covered 'auby while the auh»" is leased to you under e written agreement it (1) The agreement requires you t provide direcl primary insurance for the lessor and ( The ^eu0o^is leased without adrivm/, Such a leased 'aub/' will be considered a covered ''euto^ you own and not covered '' auto" you hire, D� Additional |neuned if Required by Contract ( Paragraph A,1 VVHO/SAN INSURED of Section U Liability Coverage is amended to add: i When you have agreed, inawritten contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, suchperaon or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or"property damage" caused by the conduct ofen"inauned^under paragraphs a or b. of VVho Is An Insured with neUend to the ovvnemhip, maintenance or use ofa covered "auto. �mnm��g�1GO��2 4�2O11. The Har�»rdUndudeoonpyr�hxedma�ha| nf ISO Properties, |nc. with its penniaoionj I Packet Pg. 1663 The insurance afforded to any such smcNmnol inaured |� �Pp m only if the "bodily injury" or "property damage" occurs: ( During the Policy period, and (2) Subsequent to the execution ofsuch written contract, and ( P//or to the expiration of the period of time that the written contract requires such insurance beprovided to the additional insured. ( How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your po|icy, the most we will pay on behalf of such additional insured /o the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part ofand not in addition to Limits cf Insurance shown in the Declarations and described inthis Section. (3) Additional Insureds Other Insurance If we cover m o|eim or "suit" under this Coverage Part that may also becovered by other insurance available to an additional /nmuned, suoh additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this Provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the addihonel inuun*d'o own insurance. ( Duties in The Event 0fAccident, C/aim, Suit orLoss If you have agreed in avvritten contract or written agreement that another person or organization be added ee an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOGS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM . SUIT OR LOSS — OF SECTION |V — BUS/NESS AUTO CONDITIONS, in the same manner ae the Named Insured. E, Primary and Non-Contributory � Required byCnnact ' Only with respect t insurance provided to an additional insured in 1.D, Additional Insured If Required by Contract, the following pnov/okzna apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also phmery, we will nhena with all that other insurance by the method described in Other Insurance 5d. ( Primary Arid Non-ConiribohoryTo Other Insurance When Required ByContract If you have agreed in a vvhtkan contract or written agreement that this insurance is primary and non with the additional |neu/od'aowm insurance, this insurance is primary and we vvU not seek contribution from that other insurance. Paragraphs ( end ( not apply toother insurance to which the additional insured has been added eaen additional insured. When this insurance iy excess, wewill have no duty to defend the ineuredaQe/nei any ^muiY' if any other insurer h2s e duty to defend the insured against that ''ruit'' If no other insurer defende, we will undertake to do uo, but we will be entitled to the /nmuo*d'u rights against all those other insurers. When this insurance in excess over other inaunanma, we will pay only our share of the amount of the loss, if eny, that exceeds the sum nt ( The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining |oes, if any , by the method described in Other Insurance 5d 2. AUTOS RENTED By EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an''autn'' you hire. The OTHER INSURANCE Condition is amended Form HAAD16 0312 02011. The Hartford (includes copyrighted material of ISO Properties, Inc., with its permission.) Page I Packet Pg. 1664 EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION U -Lk4B|L|TY COVERAGE does not apply if you have workers' compensation . /naunance in-force covering all of your 'emp/oyeen" Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hied "autuo" are covered ''autou" for Liability Coverage and if Comprehensive, Specified Causes of Loos. or Collision coverages are provided under this Coverage Form for any ''euto" you nvvn, then the Physical Damage Coverages provided are extended to''autoy"you hi borrow, nrrpw.aubjecttothe/oUovving|imit The most we will pay for "loss" to any hired ( $1O0,OK ( The actual cash value of the damaged or stolen property ad the time of the "kmo";nr ( The cost of nape/ring or replacing the - damagedorato|enpropeMy whichever is omuHest, minus deductible. The deductible will be equal to the largest deductible applicable to any owned ''euho" for that coverage. No deductible applies to'1uaa"caused by fire orlightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above Umk, deductible and excess prnvioinna, we will provide coverage equal bz the broadest coverage applicable boany covered ''outo''you own. VVe will also cover loss of use of the hired ^auto" if it results from an 'aocidenf', you are legally liable and the |eoonr incurs an actual financial kmu. subject to m maximum of $1000 per 000/dany' This extension of coverage does not apply to any "auto" you hire o/ borrow from any of your ^emP|oyeea^. partners (if you are a partnnrahip), members (if You are a limited liability company), or members nf their households. 6. LOAN GAP COVERAGE Under SECTION U( ' PHYSICAL DAMAGE COVERAGE. in the event ofa total "|oaa" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "autn"at the time of the '1ooa" and the "Outstanding balance" of the /oan/leaae, "Outstanding balance" means the amount YOU owe on the (oen8eaue at the time of "loss" h*so any amounts representing taxes: overdue payments; penaltien, inHanaat or charges resulting from overdue paymenba� additional mileage uhmqp*o; excess wear and tear changea� lease termination fees; security deposits not returned by the |esaor� costs for extended vvarranhee, oredii life Insurance, health, accident or disability insurance purchased with the loan or lease, and carry-over balances fnurn previous loans orleases, Under Paragraph 8. EXCLUSIONS of SECTION U| PHYSICAL DAMAGE COVERAGE, the following iaadded: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag, 8. EUECTROW|C EQ0PQ8EMT - E31ROADEKJED COVERAGE a. The exceptions to Paragraphs 8.4 EXCLUSIONS - Of SECTION U/ - PHYSICAL DAMAGE COVERAGE are oap1ooed by the following: Exclusions 4.c. and 4.d. do not apply t equipment designed tobe operated solely by use of the power from the "auto's" electrical syoham that, at the time of ^|oma'' ( Permanently installed in or upon the covered ''auhz''- (2) Removable from a housing unit which is permanently installed in or upon the covered "au|o''- ( An integral pert of the same unit housing any electronic equipment described in Paragraphs (1) and (2)above O2O11. The Hartford (includes copyrighted material Form HAB9 16 O312 Properties, Page 3 of s I Packet Pg. 1665 (4) Necessary for the nnmna| operation nf the covered ''auto^or the monitoring of the covered ''auto'o'' operating system, bSeuUon Ui – Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage Limit of Insurance. Paragraph C.2 and Version CA0OO1 1DO1 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1.500 is the most we will pay for "koea" in any one "accident" on all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that vepmduces, receives or transmits audiu, v/muo| or data signals which, at the time of"/oso''.is: (1) Permanently installed in or upon the covered "auto" in e housinA, opening o/ other location that ienot normally used by the ^aukz'' manufacturer for the installation of such equipment, (2) Removable from e permanently mobe/kad housing unit eedescribed in Paragraph 2.a, above or is an integral part of that equipment; ur ( integral part cf such equipment, c. For each covered ''auto'', should kyos be limited 0z electronic equipment on/y, our obligation to pay fo/, nepoir, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Deo/anadonm, or $250, whichever deductible is 9, EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A.- COVERAGE -ofSECT U| - PHYSICAL DAMAGE COVERA8E, we will pay for the expense ofreturning a stolen covered 'au0o'hzyou. 1 0. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE. tht following is added: No deductible applies to glass damage if t glass is repaired rather than replaced, EM K another Hartford Financial Services Grnup Inc, company e Policy oruov coverage form that is not , an automobile policy or coverage form applies to the same ^acoident'', the following applies: ( If the deductible under this Business Auto Coverage Form in the smaller (or ameUoaU deductible, it will bewaived: ( If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (o/ smallest) deductible. 12. AMENDED [JUT/ES IN THE EVENT OF ACCIDENT, CLA110 SUIT OR LOSS The requirement in LOSS C{}ND/Tl(]N3 2a - DUTIES /N THE EVENT UFACC|DENTC--'/M SUIT QR LOSS -of SECTION /V-BU- ' /— S AUTO CONDITIONS dh�� you mu notify dfyuanf ~ "accident" aocid eny'app 1 ieaon|yvvhenthe''aooident'is known to. ( You, if you are anindividuaL (2) A partner, if you are a partnership, ( A member, if you are a limited liability company or pV An executive offic6rur insurance manager if you are ocorporation. 1 3.UN|WTENT0NAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your Policy, we will nut deny ooverage under this Coverage ' age Form because of such failure, 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7 ' POLICY PERIOD, COVERAGE TERRITORY '- Of SECTION /V - BUSINESS AUTO CONDITIONS ia replaced by the foUowing� e. For short-term hired ''autom'', the coverage territory with respect to Liability Coverage in anywhere in the world provided that if the "insured'o^ responsibility to pay damages for "bodily injury" or "property damage' is determined ina"sub." the .yuh.is brought in the United States of America, the territories and Possessions of the United States of America, Puerto Rico or Canada or in m settlement vve agree to, TRANSFER OF RIGHTS OF RECOVE] AGAINST OTHERS TO US - of SECTION I BUSINESS AUTO CONDITIONS is amended ?dding the following: M ��H��1G�1� �2O11.T�Ha��(|�uc��h�dm��| of ISO Properties, Inc., with its permission.) I Packet Pg. 1666 c. Regardless of the number Of autos deemed a {n0a| loss. the most we will pay Linder this Hybrkd. Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10.000, For the purposes of the coverage provision, a.A "non'hyb/id" auto in defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas, b.A''hybrid''auto is defined as an auto with en internal combustion engine and one or more electric motors: and that . uses the internal combustion engine and one or more electric motors to move the auho, or the internal combustion engine to charge one or more electric mn��.wh�hmovatheauho. iB. VEHICLE VVRAP COVERAGE |n the event o(a total loss to an"euto^ for which Comprehensive, Specified Causes of Loom or - Collision coverages are provided under Loss, Coverage Fonn, then such Physical Damage Coverages are amended to add the following In addition ho the actual cash value ofthe ''muho" we will pay up to $ for vinyl vehicle wre ' which are displayed on the covered '\autu"auto" a8 1/noeof total loss. Regardless of the numbe — autos deemed ototal bms, the most wewill �o of underth�VehkJ* Wrap p provision any one "koey^ is $5,000, For Coverage � . � purposes of this coverage pnnioion, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps, �o:nHA��168�� C� 2O11 The Ha�ord(/ndudeauopyhgh�dma�he| of ISO Properties, Inc., with its permission.) Page 5 -11 1 I Packet Pg. 1667 i ,. . .; P1 L r - C� ® Policy Number: 21 WBA A05781 Endorsement Number: Effective Bate: 04/16/16 Effective hour is the same as stated on the Information Page of the policy_ CD Named Insured and Address: BURKE CONSTRUCTION GROUP INC n m r 10145 NW 19TH ST In DORAL, FL 33172 C7 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not a enforce our right against the person or organization named in the Schedule. 0 *' This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US, Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 04/26/16 Policy Expiration Date: 04/16/17 Marathon Library and Adult Education Center SECTION 00130 INSURANCE REQUIREMENTS AND FOR17S General Insurance Requirements for Construction Contractors and Subcontractol Prior to the commencement of work governed ��co��1/indu��ngU� ing� Personnel and rnateMe|\ Ul� Contractor �h�U obtain, - mt hie/her ''- r ~�~~~ u '. own zm �expenae insurance as specified in the attached schedu|eo, which are made part of this contract. The Contractor will ensumothettheinoummnoemttainedmi||e�endprotectionhoaU��ub`(�mnt - Contractor. As an a|ternative, the Contractor nn�y maquima�U Subcontractors engaged by the to obtain insurance consistent xviththe attached schedules. ' ' ----- -- The Contractor will not be permitted to commence work governed ��(��i� ofp�naonn�| end rne��hm|1 und| matimf�o��rygv��no� mf�h m* i d i ` . ~ . ' e required n�unancehae been furnished 0o the County ee �p�odD�d b�k�� ^ Delays -' '~ ' "' ' . ��ym m the commencement ofwo� resulting from the failure of the Contractor to provide satisfactory ev of the required ah�|| not deadlines specified in this contract d '=m insurance, �n any penalties perform assessments shall be imposed �m if work -- - u commrnenmedon 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 banm of this contract and any extensions specified in any attached schedules. Failure to conmok/xv�h this provision may result in the immediate suspension of all work until the required i nsurance naunance hae been Delays or replaced. �|�ye in the completion of work resulting from the failure of the Contractor to maintain the required insurance ehm|l not extend daad|i o specified in this contract and any penalties and failure to perform assessments onneeoem� shall b i � e o e imposed as had not been suspended, except Contractor's failure � ''- ' -''- Um maintain the required ineunanma The (�ontna��rxvi|| bm h�|d nae�onei�|� for all d�ducti�!we and self-insured retentions that rn be contained |n the C�ontraotor'eInsurance policies. �y The Contractor shall provide, to the Countv, as satisfactory evidence of the required insurance Certificate of Insurance or A Certified copy of the actual insurance policy. The County at its mole ootion, has the ri to request a certified copy mf any orall insurance policies required by this contract. All insurance policies must specify that they are not ou cancellation, n��n�� nnetehm|change, mrreducUmnin coverage un|emuamninhnumnufthidv(3D)daya� non-renewal is given to the County by the insurer. INSURANCE REQUIREMENTS AN 00130- Page 33 of 212 Marathon Library and Adult Education Center The acceptance and/or approval of the Contractors insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and Officials will be included as "Additional Insured" 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 Risk Management. INSURANCE REQUIREMENTS AN&F0 00130- Page 34 of 212 Marathon Library and Adult Education Cente WORKERS'COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Marathon LibrarvWrl BETWEEN MONR• E COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor Shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440, In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury • Disease, policy limits $1,000,000 Bodily Injury • Disease, each employe6 Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractors status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractors Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS -------- ' - ' --- 00 130- Page 35 of 212 Iiarathon Library and Adult Education Center GENERAL LIABILITY INSURANCE REQUIREMENTS • Marathon • and Adult BETWEEN MONR • Wt AND Burke Construction Group, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: ® Premises Operations 0 Products and Completed Operations o Blanket Contractual Liability E Personal Injury Liability The minimum limits acceptable shall be: $2,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS - 00130- Page 36 of 212 Marathon Library and Adult Education Center VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR Marathon Library and Adult Education Center Burke Construction Group nq,, Recognizing that the vxmrh governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance liability coverage for: Coverage shall be maintained throughout the life of the contract and |nc|ude, as a minimum Coverage * Owned, Nmn-Owmed. and Hired Vehicles The minimum limits acceptable shall be: If split limits are provided, the minimum limits acceptable shall be: $500,000 pier Person g ff j SIMIX1111111 **- 9.11. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 37oi-212 Marathon Library and Adult Education Center BUILDERS RISK CONTRACT: Marathon Library and Adult Education Center BETWEEN MONROE COUN AND Burke Construction Grou The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County. Builders Risk Insurance on All Risk of Loss form. Coverage shall include: Theft Aircraft Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion 1 - • us;A01017110 QOZ91 N-.z filJo[A �flr , . - . Property, materials, or supplies located on the construction premises, which is intended to become a permanent part of the building, shall be included as property insured. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. I , • The policy will be endorsed to include the Monroe Count . -oss Payee. -Z INSURANCE REQUIREMENTS AND FORMS --—'---'----- 00130- Page 38 of 212 Marathon Library • Adult PROPOSER'S INSURANCE AND INDEMNIFICATION INSURANCE REQUIREMENTS Worker's Compensation Employers Liability Statutory Limits $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability $2,000,000 Combined Single Limit Vehicle Liability (Owned, non - owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Builder's Risk: Required Limits equal to the full replacement value of the completed project The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless and Indemnification. 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, and (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, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission 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 omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 212 Marathon Library and Adult Education Centd The exte\\ \\ of ibility is in no way limite d to, reduced, or lessened by the insurance requirements containe ewhere within this AGREEMENT. \ \�� dtne insrathaill be mndatoif awarded the cnrcawill comply in fu h all of the requ � ements here\ \�« \ / u c cept the indemnification and hold harmless and duty to \ \ ®, as set ou n this proposal. Burke Construction Grow�, �nc. Antho » Burke SGEM�-- # w J12 ..,nsuranct s t a 4 e e n A fiWarathon Libraiij! murl" Adudit, Edlulcafion Gente,: INSURANCE AGENT' - .1\11 .-.— S_��f[ATEM�E f have reviewed thc-, above requiren with the proposer named above. The following deductibles apply to the r,()rresporlding pollicy. POUCY DEDt,.JCTjBf-S LE No " — ----------- - W01 Cowl -. —Ao- I cy.. Liability policies are ry C!airns Mace. 4 � Ure" F 33 End of Sectjor7 00 1 20 TNIS RE MENTS AND FORMS 00130- Page 41 of 212 n e r e � � equi uesti i" o n s A Marathon Libm-q and�o_ � �jtr �?'!4960ma�' Required Questions A. 4st of s4 k holders. a. Anthony Burke 50% b. David Martinez 50% P&P-r—sanqddirectors. aL Anthony Burke PresWent b. David Martinez VP/Secretary C. Reigvanj Ex LP�p �rjencp;. 11 years as Burke Construction Group, �nc. b. Owners have 30 years Providing Construrtion �ervices c. List of similar projects —See Attached D_ 2P�IrEalt:�Wunder�nt narne; & 11 Years under present nw)".. 10145 NW 19 Street Doral, FL 33172 - 1722 N. Roosevelt Boulevard Key West, FL 33040 ® 3042 University Parkway. Sarasota, FL 34243 Doral: 305.468.6604 ® F: 305.468.6654 ® Key West: 305.363.2951 ® Sarasota: 941.552.8586 0 www.burkeconstructiongrcup.com Generai Contractors I CWISIMCIMn M@r>agcmem I De-M9,11 Bwkl I Pre 1 Site Development 1 Green Cans ruction ! lntedor improf Pac CGUAV, naD-I) 2115/2018 Detail by FEI/EIN Number P9 "a" -�s jTgnt qLS" 0 i o tic) 'S gq -, ecfz- , , f By h,Rgg', E)etad by FEVEIN Number I lork)z,, P C r o r a, loi j B [i Re E 0 NI "' R X"' die ', '07000()7 5 5 fc?;ate- F113-d 01TP]2/2007 Effrm, �C" (j6/2,S /1190 C FI_ AG71VE 4 r Nl 1911 01 45 NW 1 9th St, Donal, FL 33172 Changed Oli2012'014 "L ........... gp;nt Harn-e & Addi rre-, �1 - MARTINEZ, DAVID kAf 1042 Adams Dr,, Key Largo, FL. 33 Address Changed: 01125120 Q�LN'qrn,t bec`ov De a a & A d d re s s BURKE, ANTHONY J 6`730 ROYAL IAA N1 DR, PAL MET 70 BAY F1, 33 Title VP/S MARTINEZ, DAVID] 1042 Adams Dr. Key Largo, FL 3303 Packet Pg. 1681 1 • PR FTC tr * c • . DOCUMENT# P07000075715 Entity Name: BURKE CONSTRUCTION RO Current Principal Place of Business: 10145 NW 19TH ST. DORAL, FL 33172 Current Mailing Address: 10145 NW 19TH ST. DORAL, FL 33172 US FEI Number: r Name .. Ad MARTINEZ, DAVID W 1042 ADAMS DR. KEY LARGO, FL 33037 US FILED Jan 25, 1 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer /Director Detail : Title P Name BURKE, ANTHONY J Address 6730 ROYAL PALM DR. City -State -Zip: PALMETTO BAY FL 33157 Title VP /S Name MARTINEZ, DAVID W Address 1042 ADAMS DR, City- State -Zip: KEY LARGO FL 33037 I hereby certify that the information indicated on this report or supplemental repo is true and accurate and that my electronic signature shall have the same legal effect as ifmade under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida SPalut above, Oran an attachment with all other like empowered. esand that myna e appears SIGNATURE: D MARTINEZ V P 01/25/2016 Electronic Signature of Signing Officer /Director Detail Date 2017 ! " - RFQ— r TPO ANNUAL RE DOCUMENT# P07000075715 7 -ntity Name: BURKE CONSTRUCTION GROUP, Current Principal Place of Business: 10145 NW 19TH ST. DORAL, FL 33172 Current Mailing Address: 10145 NW 19TH ST. DORAL, FL 33172 US FEI Number: t Name . , MARTINEZ, DAVID W 1042 ADAMS DR. KEY LARGO, FL 33037 US FILED Jan 1: 2017 Secretary of State >- mm- The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer /Director Detail Title P Name BURKE, ANTHONY J Address 6730 ROYAL PALM DR. City -State -Zip: PALMETTO BAY FL 33157 Title VP /S Name MARTINEZ, DAVID W Address 1042 ADAMS DR. City- State -Zip: KEY LARGO FL 33037 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect if made under oath; that I am an officer or director of the corporation or the receiver ar trustee empowered to execute this report as required by Chapter 607, Flodde Statutes; and that m y name appears above, or on an attachment withal/ other like empowered. - - SIGNATURE: DAVID MARTINEZ VP 01/08/2017 Electronic Signature of Signing Officer /Director Detail Date 201.8 FL0IDA PR ®FIT CORD, _. TIN ANRtULP®T DOCUMENT# P07000075715 Entity Name: BURKE CONSTRUCTION GROUP, INC. Current Principal Place of Business: 10145 NW 19TH ST. DORAL, FL 33172 Current Mailing Address: 10145 NW 19TH ST. DORAL, FL 33172 US FEI Number: 26- 1205588 Name and Address of Current Registered Agent: MARTINEZ, DAVID W 1042 ADAMS DR. KEY LARGO, FL 33037 US FILED r Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer /Director Detail : Title P Name BURKE, ANTHONY J Address 6730 ROYAL PALM DR. City -State -Zip: PALMETTO BAY FL 33157 Title VP /S Name MARTINEZ, DAVID W Address 1042 ADAMS DR, City- State -Zip: KEY LARGO FL 33037 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same 16981 effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes,• and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DAVI MARTINEZ VP 01/15/2018 Electronic Signature of Signing Officer /Director Detail Date , i (305) 877 0047 ( 10145 NW 19th St Ooral, FL, VP of Operations p ations P o . — ......._ VP of O perations 33172 ggalmin@bcgconstruction.net �_.. _.... m_� Armando Silveira _ 1722 N. Roosevelt Blvd. (305)322 -7862 Project Manager ro ect mana ement s'ti mitt :f j g I<ey West, FL 33040 asilveira @bcgconstruction.net I PPPP construction manager performing C lo.,isticsand constructibility studies, site — ....�. �... —.._ _..... l'_— r ,roPectschedulan Darren Whiteside 1722 N. Roosevelt Blvd. — .— _ Subcontractor management, site (305) 586 -1844 Key West, FL 33040 Superintendent logistics, field operations, dhiteside@bcgconstruction.net supervision of laborers as well as A c r-, C s Am -6 M I O O E V) �Q go tv Ln O c D 0 m CL ! en C9 v ca cu A2 O 0 CL) 2 2 . Sa le mm 5 r > co 0 Pel C d S V) m dil C, S en t T c ® E C, A m a. Ss coo 16 O fa fa 0 .0 CL U 0 r- - ap J3 o LL m 0 In oo 'n en C, T, RE R Go O .-4 C3 C-i fN C Am -6 M I to E M 00 M e4 go tv Ln Ln R c D 0 m CL ! en u L le ca cu A2 0 I ON 2 2 . Sa le mm 5 r > co 0 O 80 I at m & 0 f C, en t T c ® E C, A m a. Ss coo 16 O In Ln Ln CIO in Go O .-4 C3 C-i fN MW if C Am -6 to LL r c D 0 u (U cu A2 0 1. a MW if BURKE Construction Gi-oklp Inc. LITIGATION / ARBITRATION Awl 0 ki M 'a w , � - erences Q 0 C ons t ructi o n Group hic Stonegate Bank 8630 NW 25ti Street Doral, Florida 33122 PH: 786-762-.4841, Contact- Vanessa Sanchez Collinsworth, Alter, Fowler Miami Lakes, Florida 33016 PH 305-822-7800 I Dick French Nielson & Company, Inc. 8000 Governors Square Blvd, Miami Lakes, Florida 330!6 PH: 305-722-2663 Contact. David Hoover Metro Life Church Doral, FL (305) 592-5100 Contact. Pastor Armando Gomez Easton & Associates Doral, FL (305) 593-2222 Contact: Paul Douglas Doral Animal Clinic Doral, FL (30 5) 761-7766 Contact: . Dr.Cabeza Florida Keys Electric (305) 797-1794 Contact: Raymond Vazquez Titan Interiors Group (954) 434-9291, Contact: Tania Drago S.A.L.T. Solar Servicer (305) 289 Contact. Chuck Meier Hernandez Zarco, LLC (305) 970-9520 Contact: Guilierry Swain STG Contracting Group (904) 287-9898 Contact. Mike Gresser Dolphin Commerce Park Doral, FL (305)519-7768 Contact: Brett Houston Monroe County Key West, FL (305) 292-4439 Contact: Ann Riger City of Key West Key West, FL (850) 890-9354 Contact: Kreed Howell 10145 NW 19 Street Doral, FL 33172 - 1722 N. Roosevelt Boulevard Key West, FL 33040 ® 3042 University Parkway. Sarasota, FL 34243 Doral: 305.468.6604 - F: 305.468.6654 1 Key West: 305.363.2951 ® Sarasota: 941.552.8586 - www.burkeconstructiongroup.com General ContrExtors i CorEtraction, 1v1zi.nE;gE!iY,.e7j1 ' Deqgr auflt' i Pfe-con'lmElicm I Site beveiopment I Greer, Co I �rkerior IrApr CGCM1 383cyc Packet Pg. 1689 tatements cl�l Ol l cl� IP 'i"n Designated Envel,op- EF rinanc tatements cl�l Ol l cl� IP 'i"n Designated Envel,op- BURKE ' ANTHONY JOHN JR BURKE CONSERUCTION GR0fU' INC 6730 ROVAL PALM, DRIVE MIAN115 FL 33-167 cwupf,, HILAW bnlai "Afgh m1his Inamme you bvwma aw all 0% �meallly "' R Rod 11 - , p erl'ab m1pillaq dians iopmeed Pyahna ReVikolmon, cojar p , rol vvbnab and businesem-,ranjiL '1 , M auchitfAda to Yacht Unrkern. "I mwn bmare ',a batewiae Pe and qkm* a,-- Ftr I . - , , ', -, g kv it & or no m Rtnar; L ie -Y da c wa cutom- � L 1eve OL , iqaewul our ae"Ndbw Waame ' A VOL', "Z hrommor's, vvim mare Mders a nd bain, abv�,j U u r TS hj ali 0 n a t M, - A4 i Ob T q a M Umm ir a e E M rJ R 8 a I L I do Ferry, 'We comet stirkb to sprups you bar Mar so figi ,dad' j a, w u awvv ur cuemmeme, Ttaardk, poRj I, anc coparatu m an yf,-m.) 000 MAO'BATIFOEV, DETACH` HERE SEMT" GEYVIERNOR 10146 NW 19TH STRE-ETz DORAL FL 33172 ISSUEM W29120is DOSPLAYAS REQUIRED UY LAW l) . ° { + f .1 CA L7n O to € � � t€ Ln LO H 0 a , N er Li e� k1� 0 M N O — r" .� 0% c O z Vii. �_� �. f i1f 4J OD o a H L' mj 4 - A o Q+ ,., Q p, Ei [ , U W N H >, o J " Q u a =„a " m ` PW p • o _ N L7 H N t, �0 V � W 4 J Ilk ° u s 41 H� aN � U r -I N O H ca a aD N 43 4j [? 1 p O Z Q W O N O 0 Q W 0 0 (U o O >1 111 O O L!1 O C7 ,. i r-4 [y , N .4 H 00 (9 00 M z H H h A& A& 4&t!1. m O •� H Fa r4 O 'd m m H r-I �i 0 x 't'1 • • G} N 0) m r+� a Z �C ri a� a� .. H r+y L) 4-1 D4 P � z € oaA F M a�.� > o w z�r' a� •� as u �, t, O -.a m o N O �-•i CU P4 P4 H a KC W N C4 H [ m , «,., € Marathon Library and Adult Education Center Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 21"' day of March, 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: For the following Project: Scope of the Work Burke Construction Group, Inc. 10145 NW 19 " Street (Principal Address) Doral, Florida 33172 and Burke Construction Group, Inc 1722 Roosevelt Boulevard Key West, Florida 33040 (Mailing Address for purposes of this Contract) Marathon Library and Adult Education Center The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Provide all labor and materials necessary to construct the new Monroe County Library and Adult Education Center, a two story 17000 square foot masonry and concrete building along with site modifications, improvements and utilities, all as indicated in the contract documents. Work to include coordination with Owner to clear and secure the construction area and to keep the remaining portions of the site accessible and in operation throughout the new construction process. The completed project will result in a complete, habitable, weather proof, safe and secure finished building suitable for human occupancy in accordance with the Specifications, Drawings, and Project Documents. Contract Page 1 of 15 Marathon Library and Adult Education Center Drawings are currently under review by the Monroe County School Building Department. The successful bidder will be required to complete the permit application on file with their appropriate company and contact information and pay associated permit and inspection fees as required by the Monroe County School Building Department. It is anticipated the permit will be ready prior to project award. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: NIA ARTICLE 3 Date of Commencement and Substantial Completion 11 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred Sixty (360) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00 - 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day Contract Page 2 of 15 Marathon Library and Adult Education Center $100,000.00 - 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of damaaes and sole remedv for anv delav caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of _Five Million Seven Hundred _ Ninety -Four Thousand Nine Hundred Ninety -Five and /100 Dollars ($5,794,995.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: JState the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement then attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate # 1: Not Applicable /100 (Cost in words) Dollars {$ ) 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: Contract Page 3 of 15 Marathon Library and Adult Education Center 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10 %. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. Contract Page 4 of 15 Marathon Library and Adult Education Center ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. Contract Page 5 of 15 Marathon Library and Adult Education Center 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, 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 thirty -six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) 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, Florida Statutes, running from the date the monies were paid to Contractor. b) 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 contracts 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 shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. 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. c) 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 Contract Page 6 of 15 Marathon Library and Adult Education Center replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The 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 court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) 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. h) 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 each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) 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. j) Nondiscrimination. The parties agree 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 parry, effective the date of the court order. The parties agree 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 VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended {20 USC Contract Page 7 of 15 Marathon Library and Adult Education Center §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1 973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article VII, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. 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. m) No Solicitation /Payment. The 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. n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contract Page 8 of 15 Marathon Library and Adult Education Center County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance Contract Page 9 of 15 Marathon Library and Adult Education Center with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY - BRIAN@MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County 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 contract entered into by the County be required to contain any provision for waiver. p) 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. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. 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, 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. r) 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 Contract Page 10 of 15 Marathon Library and Adult Education Center separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) 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. u) 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. v) Hold Harmless and Indemnification. 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, and (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, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission 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 omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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. In the event that 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. Contract Page 11 of 15 Marathon Library and Adult Education Center The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. w) 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. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: Burke Construction Group, Inc. 1722 Roosevelt Boulevard Key West, Florida 33040 For Owner: Director of Proiect Management Assistant County Administrator. PW & E 1100 Simonton St., Room 2 -216 1100 Simonton St Key West, Florida 33040 Key West, Florida 33040 Contract Page 12 of 15 Marathon Library and Adult Education Center ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: NIA a) Drawings: A -001 thru A -803, S -0 thru S -11, FP -100 thru FP -102, P -100 thru P -201, M -100 thru M -301 A, E -100 thru E -111 b) Project Manual: Request For Proposals dated December 2017 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: Request for Proposals December 2017 9.1.4 The Addenda, if any, are as follows: Number Date Pages 1 January 5, 2018 1 2 January 15, 2018 2 3 January 23, 2018 2 4 January 31, 2018 1 5 February 12, 2018 2 This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Contract Page 13 of 15 Marathon Library and Adult Education Center 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. (SEAL) Attest: Kevin Madok, Clerk By: Deputy Clerk Date_ (SEAL) CONTRACTOR'S Witnesses Attest: Contractor must provide two witnesses signatures BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman CONTRACTOR: BURKE CONSTRUCTION GROUP, INC. Signature: Signature: Print Name: Title: Date: and Signature: Print Name: Title: Date: STATE OF FLORIDA, COUNTY OF MONROE COUNTY ATTORNEY'S OFFICE PPROVIEU AS T F R PATRICIA EABLES ASSISTANT COUNTY A ANEY GATE: On this day of , 2018, before me, the undersigned notary public, personally appeared , 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 the Marathon Library and Adult Education Center for the purposes therein contained. Notary Public Print Name My commission expires: Seal Print Name: Title: Date: Contract Page 14 of 15 Marathon Library and Adult Education Center GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 Section 00970 Section 00980 Section 01015 Section 01027 Section 01030 Section 01040 Section 01045 Section 01050 Section 01200 Section 01301 Section 01310 Section 01370 Section 01385 Section 01395 Section 01410 Section 01421 Section 01500 Section 01520 Section 01550 Section 01560 Section 01590 Section 01595 Section 01600 Section 01630 Section 01640 Section 01700 Section 01710 Section 01720 Section 01730 Section 01740 General Conditions Project Safety and Health Plan Contractor Quality Control Plan Contractor's Use of the Premises Application for Payment Alternates Project Coordination Cutting and Patching Field Engineering Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Request for Information — (RFl) Testing Laboratory Services Reference Standards and Definitions Temporary Facilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post - Proposal Substitutions Product Handling Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data Warranties Page 15 of 15 BUDGET AND F I NANCE PURCHASING DEPARTMENT TABULATION SHEET OPEN DATE: FEBRUARY 20, 2018 AT 3:00 PM TITLE: MARATHON LIBRARY & ADULT CENTER MONROE COUNTY, FLORIDA RESPONDENT BID BOND BID AMOUNT D.L. Porter Constructors 5% $5,989,300.00 Pedro Falcon 5% $6,629,000.00 West Construction 5% $5,824,656.00 Di Pompeo Construction Corp. 5% $6,477,700.00 Burke Construction 5% $5,794,995.00 Bid Committee Present Chris Rivera, Steven Sanders, Cary Knight Members of the Public Present Bruce Byrnes (DiPompeo), Jose Acosta (West Const), Scott (West), John O'Neill (Burke), Eric Bovea (Burke), Robert Blanchard (DL Porter), Kathleen Smith (Pedro Falcon) I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified. Bid Opened By: Lisa Abreu, OMB