Loading...
#03/21/2019 Agreement 4�Rcouara��1 f:, 04-N„'•,, Kevin Madok, CPA h;oti•.... •`v.= Clerk of the Circuit Court&Comptroller—Monroe,County, Florida DATE: April 9, 2019 TO: Rob Tudor, Project Manager Tammy Sweeting Interim Executive Administrator FROM: Pamela G. Hanc .C. SUBJECT: March 21s`BOCC Meeting Enclosed are two duplicate originals of Item C28, Contract to highest ranked respondent Pedro Falcon Construction for construction of the new Monroe County Library in Marathon, for your handling. Should you have any questions, please feel free to contact me at (305) 292-3550. cc: B. Erickson/A. Mytnik County Attorney Finance File • KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of March 21, 2019 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: Pedro-Falcon Construction 31160 Avenue C Big Pine Key, FL 33043-4516 For the following Project: Construction of the Monroe County Library&Adult Education Center, Marathon Branch Scope of Work 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. The successful proposer will be required to complete the permit application on file with their appropriate company and contact information. Successful proposer will pay associated permit and inspection fees, as required by the city, county, local water and power service, necessary for connection to the utilities. The scope of work shall include but not be limited to, all work shown and listed in the project drawings and project manual. 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, and any other means of construction necessary or proper for performing and completing the scope of work, unless otherwise specifically stated. The project will be considered complete when turned over to the County as a fully functioning and operating Library facility. Monroe County Public Library Marathon Branch &Adult Education Center The Contractor shall be responsible for complying with regulations and approvals and permitting by the Monroe County building department, growth management, fire marshal, Florida Green Building Coalition ("FGBC"),and any other permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. Drawings are currently under review by the Monroe County School Building Department. The successful proposer 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 including the General Conditions contained in the Request for Proposals (RFP) of which the table of contents is included after the signature page in this Agreement), 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: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 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 Five (365) 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. AGREEMENT 00500-Page 2 of 17 Monroe County Public Library Marathon Branch &Adult Education Center FIRST SECOND 31ST 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 $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 damages and sole remedy for any delay 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 Seven Million Sixteen Thousand Three Hundred Eighty- Five Hundred and no/100 Dollars($7,016,385.00), 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: 1)Voltaic Roof Mounted Solar System, and 2) Terrazo Flooring (in stairwell). (State 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: Roof Mounted Solar Voltaic System. One Hundred Fifty-Three Thousand Five Hundred and 00/100 Dollars. ($153,500.00)(Included in above total Contractor total price). Alternate#2: Terrazo Flooring (in stairwell). Thirteen Thousand Eight Hundred Eighty-Five and 00/100 Dollars. ($13,885.00)(Included in above total Contractor total price) 4.3 Unit prices, if any, are as follows: None. 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: 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 AGREEMENT 00500-Page 3 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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. 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 AGREEMENT 00500-Page 4 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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. 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. AGREEMENT 00500-Page 5 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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 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 AGREEMENT 00500-Page 6 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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 party, 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§§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 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 AGREEMENT 00500-Page 7 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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. I) 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 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. AGREEMENT 00500-Page 8 of 17 Monroe County Public Library Marathon Branch & Adult Education Center The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 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 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. AGREEMENT 00500-Page 9 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion. 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. AGREEMENT 00500-Page 10 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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 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 AGREEMENT 00500-Page 11 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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. 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. AGREEMENT 00500-Page 12 of 17 Monroe County Public Library Marathon Branch & Adult Education Center 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: Pedro-Falcon Construction 31160 Avenue C Big Pine Key, FL 33040-41516 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 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds AGREEMENT 00500-Page 13 of 17 Monroe County Public Library Marathon Branch & Adult Education Center remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: A-001 thru AS-101.1, GI-001 thru CM-501, TD-1 thru IR-1, LS-101 thru A-803, S-0 thru S-11, FP-100 thru FP-102, P-100 thru P-201, M-100 thru M-301A, E-100 thru E-115 b) Project Manual: File titled "Marathon Library Tech Specs Rev 6 10-22-18" c) Documents: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. AGREEMENT 00500-Page 14 of 17 Monroe County Public Library Marathon Branch &Adult Education Center 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: 9.1.4 The Addenda, if any, are as follows: Number Date Pages 1 1/15/19 1 2 2/5/19 17 3 2/15/19 10 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT 00500-Page 15 of 17 Monroe County Public Library Marathon Branch & Adult Education Center Execution of this Contract by the Contractor must be by a person with authority to bind the entity. , 3 4 ; SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOT,t:IZED. ..o.: -r t ram-' Xis r-- BOARD OF COUNTY COMMF; NERD Attest: Kevin Madok, Clerk OF MO OE C UNTY, FLORIDA f.; -11 CID I 2s tom» 061...:- 11.pk%. : ---?‘)"4"..144."4.14°I.j. • 1.<. _ Dep ty Clerk Mayor/ChairmaiL „p Q ' 4. jsii RACTOR'S Witnesses Attest: CONTRACTOR:PEl)W ehice/✓ eozo eitere/ 1-X'/tc Y c "sz`. "tractor must provide two witnesses t•..*..,...o.,ee" •natures Signature: Signature ,,/• Print Name: {A�I'iA/tom 16/Q/5 e' Print Name: KKK / � .r . Title: A 5 i�'/t' 5i.? i,7- Title:Rfc9;`cc� l �wzc� ! r— Date: D&, ,/i Date: /2-1//1 `1 and MONROE COUNTY ATTORNEY Signature _11.,, O , APPRO D AST RM Print Name: ( -,/-i i 4 v TLi 1"92/ l -- / C/' t — CHRIS A BROSIO Title: �` z°.� .v6SISTANT OU ATTORNEY Date: 7 / i/ott7/7 Date: _ f l 7 STATE OF FLORIDA, COUNTY OF " `C .'co-€—' On this day of.ZtSt1 C c- .20,j,9, before me, the under ' Ed-rotas public, personally appeared ('5r ct„r` `c SSCsvm known` to 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 Monroe County Public Library Marathon Branch&Adult Education Center for the purposes therein contained. Notary Publi Notary Public State of Florida Print Name &SSt�V`r0.c +ne { r ' Cassandra K Shaner 1 My Commission GG 292225 My commission expires: a\ , \-1 l 2_tj'Z__� '� ea�"�'re'ou��no2a AGREEMENT 00500-Page 16 of 17 Monroe County Public Library Marathon Branch &Adult Education Center General Conditions of the Contract for Construction GENERAL REQUIREMENTS Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 ' " ' Contractor's Use of the Premises Section 01027 Application for Payment Section 01030' • Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information—(RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties AGREEMENT 00500-Page 17 of 17 AR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D19 D/YYYY) 4/4/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lois Behr Bowen, Miclette&Britt of Florida, LLC PHO No.Ext): (407)647-1616 FAX Not:(407)628-1635 1020 N. Orlando Avenue, Suite 200 E-MAIL Maitland FL 32751 ADDRESS: certificates@bmbinc.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Insurance Company 19488 INSURED PEDROFALCO INSURER B:Amerisure Mutual Insurance Company 23396 Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C INSURER C: Big Pine Key FL 33043-4516 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:99043830 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y Y GL20929410401 11/2/2018 11/2/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 APPf E ii I EMENT MED EXP(My one person) $5,000 DATE` Br 9 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: WAIVE N/A " YESR I GENERAL AGGREGATE $2,000,000 POLICY X 'E6l 1 LOC ' It l ] � t PRODUCTS-COMP/OP AGG $2,000,000 OTHER: lJv 1 $ A AUTOMOBILE LIABILITY Y Y CA20929390401 11/2/2018 11/2/2019 COMBINED SINGLE LIMIT $ (Ea accident) 1.000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) B X UMBRELLA LIAR X OCCUR Y Y CU20929420402 11/2/2018 11/2/2019 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTIONS A WORKERS COMPENSATION Y WC209452604 11/2/2018 11/2/2019 X STATUTE OTH - ER AND EMPLOYERS'LIABILITY Y/N ANY ANYIPROPRIETOR EXRLNER E ECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com When required by written contract,those parties listed in said contract,including the Certificate Holder,are added as additional insureds with respect to the General Liability including ongoing and completed operations,Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Umbrella See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street, Room 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE AGENCY CUSTOMER ID: PEDROFALCO _ LOC#: A ® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen,Miclette&Britt of Florida,LLC Pedro Falcon Electrical Contractors,Inc. 31160 Avenue C POLICY NUMBER Big Pine Key FL 33043-4516 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract,including the Certificate Holder. The General Liability and Umbrella Liability certified herein are primary and non-contributory to other insurance available,but only to the extent required by written contract. RE: Marathon Library and Adult Education Center at 3490 Overseas Highway,Marathon,FL 33050 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date G L20929410401 9045,507 1.1(212018 Po€icy Expiration Dale Date Account Number 1112/2019 1122824E Named Insured Agency Issuing Company PEDRO FALCON ELECTRICAL BOWEN I-0ICLETTE & BRITT OF AM£RISURP INSURANCE CONTRACTORS INC ELCR=DA, LLC . CPM ANY • 1. a. SECTION'ti-WHO is AN INSURED.is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business;or (2) Who is named-as an additiorial_insured under this policy on a certificate of insurance. b. The'written contract.written agreement.or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy;and (2) Be executed prior to the'tiodi'y injury"."property damage", or"personal and advertising injury" reading'to a claim under this policy. e. If.however_ (1) Your work"began under a letter of intent or work order;and (2) The letter of intent or work Order led to a written contract or written agreement within 30 days of beginning such work;and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds: .rye will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused; in whole or in part.by: (1) Premises you: (a)Own; (Is)Rent: (c)Lease:or (d)Occupy;; (2) .Ongoing operations perfor fined by you or on your behalf. Ongoing operations does not apply to 'bodily injury"'or"property damage"occurring after: Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 1,015 Pages 1 of 4 POLICY 1113L2o929g41o4o1 EFFECTIVE DATES: 11,2Y2018.1112/2019 (a) All work to be performed byyou or on your behalf for the additional insured(s)et the site of the covered operations i complete,including related materials,parts or-equipment(other.MMan service.maintenance or repairs):or (b) That portion of'your work"04.14 which the injury or damage arises is put to its.intended use by any person or organization other than another contractor working for a principal.as a pan of the same project. (3) Gornpleted,operations,ceverage.but Only if: (a) The written contract,written agreement,or certificate cif insurance requires completed operations coverage or`yourwork"-c ,k:rage;and (b) This coverage part provides coverage for:bodily injur}f'of"property damage"included within th "prvduits-co_n►pleted operations hazard': .1-iowever;the insurance,afforded to such additional insured only applies.to the extent perniitted by law. b. If the written contract.written agreement,or certificate-of insurance: (1) Requires"arising out or language;.ar (2) Requires you to provide additional insured coverage to that person or organization by the useof either or both of the foiloiaving', (a) Additional Insured—Owners, Lessees or Contractors—Scheduled parson Or.Organization endorsennent CG 20 10,10 01;or •(h) Additional Insured—:OMrners, Lessees'or Contractors—Completed Operations endorsement CG 2037 it)01; then the phrase"caused, in whole or in part,by"in paragraph 2.a,above is replaced by"arising put of'_ e. If the written coitlr_acti written agreement,or certificate Of insurance requires you to provide additional insured coverrpe to that,person or organization by the rise of: (1) Additional Insured—Owners, Lessees Or Contractors=Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10-04 13;or ( ) :Additional Insured—Owners.Lessees or Contractors—Completed Operations endorsement CG 20 37.07 04 or CG 20 37 met,13;or (3) Both those endorsements with either of those edition dates;or (4) Either or both of the Following: (a) Additional Insured—Owners; Lessees or Contractors—Scheduled Person Or Organization endorsement C:G:20 10 without an edition date specified;or (b) Additional Insured—Owners,Lessees or Contractors-Completed Operations endorsement CG 20 37 Without an edition date specified; then paragraph Z.a.above applies, d. Premises,as respects paragraph 2.a,(1)above.include common or public areas about such premises if so required in the written contract or written'agreement. O. Additional insured status provided under paragraphs 2.a.(1)(b).or 2.a.(1)(e)above does not extend beyond the end'af a premises lease or rental agreement. f. The limits of insurance that apply to the additionalinsured are the least Of those specified in the: (1) Written contract; (2) Written..agreement; (3) Certificate.of insurance;or (4) Declarations of this policy. The limits of insurance are inclusive of and not in;atidition to the limits of insurance shown in the beelarations. Includes copyrighted material of Insurance Services Office. Inc., Page 2 of 4 CC 70 40 1015 POLICY#GL20929410401 EFFECTIVE DATES: 11/2/2018-1112/2019 g. The insurance provided:to the additional insured does not apply,to"bodily iniury","property damage':or "personal and advertising injury"arising nut of an archtect's,engineers,or surveyor's rendering of,or failure to render,any professional services,inducting but not limited to: (1) The preparing, approving,or failing to.prepare or approve: (a) Maps: (b)Drawings; (c)Opinions; (d)Reports; (e)Surveys; (f)Change orders; (g)Design specifications;.and (2) Supervisory,inspection,or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIO t1S, paragraph 4.Other Insurance is deleted and replaced with the following: 4, Other Insurance: Coverage provided by this eridorsernent is excess over any other valid and collectible insurance available to the additional insured whether: a.Primary; b. Excess: c.Contingent;or d.On any other basis; but if the written contract,written agreement.or certificate of insurance requires primary and non- contributory coverage,this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization ps a Named Insured,and we,will not share with that other insurance, I. If the written contract,written agreement.or certificate of insurance as outlined above requires additional insured status•by use of CG 20 10 11 85,then the coverage provided under this CG 70 48 endorsement does_not apply except for paragraph 2,h.Other Insurance. Additional insured status is Jimited to that provided by CG 20 10 11 85 shown below and paragraph 2.h,Other Insurance shown above. ADDITIONAL INSURED-OWNERS;LESSEES OR CONTRACTORS(FORM 3) This endorsement modifies insura.rice provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: Elanket'Where Required by Written Contract.Agreement, or i Certi cate of insurance that the terms.of CG 2010 11 85 apply (If no entry appears above.information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED.(Secticin II)is amended to include as an insured the person or organization sho r' in the Schedule,but only with respect-to liability arising out of"your work"for that insured by or for you. CG.20 10 11 85 Copyright.'Insurance Services Office.Inc.. 1984 Includes copyrighted material of Insurance Services Office,Inc. CG 70 48 10 15 Rages 3 of 4 POLICY!IGL20929410401 EFFECTIVE DATES: 1112/2018-11/2/2019 j. The insurance provided by this endorsement does not apply to any prernises or work for Which the person or organi.zation is specifically listed as art additional insured on another endorsement attached to this policy, Includes copyrighted material of Insurance Services Office. Inc, Page 4 of 4 CG 70 48 1015